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2009/05/04COUNCIL MEETING Monday, May 4, 2009 Order of Business and Agenda Package PRAYER: Councillor Kerrio COUNCIL MEETING May 4, 2009 ADOPTION OF MINUTES: Council Minutes of April 20 2009 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 Niagara Peninsula Conservation Authority Simply Tree mendous Challenge Regional Councillor Barbara Greenwood will make a presentation to Council regarding the Conservation Authority's tree challenge. MAYOR'S REPORTS, ANNOUNCEMENTS 2 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. National Public Works Week That Council proclaim May 17 -23, 2009 as "National Public Works Week" in recognition of the hard work and dedication of our Municipal Services staff. RECOMMENDATION: For the Approval of Council. 2. Communities in Bloom Flag Raising Requesting an official flag rasing ceremony of the Communities in Bloom flag. RECOMMENDATION: For the Approval of Council. 3. Elder Abuse Awareness Month Requesting that the month of June be proclaimed as "Elder Abuse Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 4. RedBoss Pyrotechnicians Inc. Requesting to execute two firework displays for May 15, 2009 and July 1s 2009 at Glenview Park. RECOMMENDATION: For the Consideration of Council. 5. Correspondence from the Town of Fort Erie Request Audit of Niagara Health System and the Hamilton Niagara Halidmand Brant Local Health Integration. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS L- 2009 -18 Nuisance By -law 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- 2009 -27 Financing Lease Report HR- 2009 -02 Workplace Health Safety Contractor Safety Policy Program BBS- 2009 -03 Code of Conduct for Building Officials MW- 2009 -30 Regional Road Transportation Sustainability Review MW- 2009 -31- Hydrant Flushing Program MW- 2009 -33 Safety Concerns at Drummond Road and CN Rail Crossing Warning Gate Installation PD- 2009 -23 CB FIG- 2009 -22, Commercial Building Facade Improvement Application, Applicant: 2088937 Ontario Inc. John Fiedorek), 4190 Bridge Street PD- 2009 -35 New Environmental Policies for the City's Official Plan PD- 2009 -36 26CD -11- 2008 -09, Dunn Gates Draft Plan of Condominium Standard) 6037Dunn Street, Northeast Corner of Dunn Street Ralph Avenue, Owner: 1650720 Ontario Inc. o/a Dolphin Group Kamal Katrina) TS- 2009 -05 Intersection Control Review, Rideau Street at Eldorado Avenue, Rideau Street at Belaire Avenue. 4 RESOLUTIONS 1 THEREFORE BE IT RESOLVED that the Boys Girls Club project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). 2. THEREFORE BE IT RESOLVED that the Desson Avenue /Buchanan Ave /Slater Ave Storm Separation project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). 3. THEREFORE BE IT RESOLVED that the Drummond Road reconstruction project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). 4. THEREFORE BE IT RESOLVED that the Downtown Streetscaping project be submitted for consideration under the second intake of the Building Canada Fund (BCF). 5. THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs and Housing be requested to have Ministry staff to work with the industry to devise a Vacancy Rebate Program tailored to the Accommodations sector. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -71 A by -law with respect to the installation and maintenance of either a fire safety box or a fire safety box and a lock box or existing lock box. 2009 -72 A by -law to authorize a Code of Conduct for Building Officials in the City of Niagara Falls. 2009 -73 A by -law to address public nuisances. 2009 -74 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Stop Signs at Intersections, Rideau Street) 2009 -75 A by -law to amend By -law No. 79 -2000 and repeal By -law No. 2008 -54, to permit an expansion of a hotel and to permit a portion of the required parking to be provided off -site. 2009 -76 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of May, 2009. NEW BUSINESS 4/ Tere Fabbro RE: Fwd: FW: Simply Tree-meridous Challenge Presentations From: Sawatzky, Loretta" <Isawatzky©npca.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 4/15/2009 1:04 PM Subject: RE: Fwd: FW: Simply Tree mendous Challenge Presentations Dean: We would like to be placed on the May 4th agenda. Councillor Greenwood will be making the presentation on behalf of the Authority. Please advise if we need to bring our own equipment or you require any copies of the presentation. Thanks. Loretta Sawatzky Administrative Assistant, Corporate Services Niagara Peninsula Conservation Authority 250 Thorold Road West 3rd Floor Welland, ON L3C 3W2 905 788 -3135, ext. 250 905 788 -1121 fax Isawatzky©npca.ca Original Message From: Dean lorfida mailto:diorfida @niagarafalls.ca] Sent: Wednesday, April 08, 2009 3:15 PM To: Carey Campbell Cc: Sawatzky, Loretta Subject: Re: Fwd: FW: Simply Tree mendous Challenge Presentations Loretta: Our May meetings are on May 4th and May 25th. What works best for you? Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) Carey Campbell 4/8/2009 12:59 PM Dean: Please see this request from Loretta Sawatzky of the Niagara Peninsula Conservation Authority to present to Council. Thank you for your direct response to her. carey Carey E Campbell Executive Assistant Office of the Mayor NIAGARA PENINSULA CONSERVATION 0 ars CELEBRATING 50 YEARS OF CONSERVATION "SIMPLY TREE- MENDOUS" CHALLENGE Established in 1959, the driving force behind the Conservation Authority movement was its grassroots land stewardship focus and its involvement with water programs. Today, the Niagara Peninsula Conservation Authority serves approximately 500,000 people and covers an area of 2,424 square kilometres including the entire Niagara Region, 21% of the City of Hamilton and 25% of Haldimand County. It's our 50th Anniversary and we have many activities planned to mark this momentous occasion. Along with the special events that will take place throughout the year, the Conservation Authority would like to introduce the 'Simply Tree mendous Challenge' to our watershed residents, groups, service clubs and businesses. The `Simply Tree mendous Challenge' will be officially kicked -off on April 30, 2009, the Authority's official anniversary date. At that time, the Mayors of each of the member municipalities along with the Niagara Region Chairman will plant the first 50 trees at the Ball's Falls Conservation Area. The 'Simply Tree mendous Challenge' event is a friendly challenge /competition between our watershed municipalities. The goal of the 'challenge' is to have residents, groups, service clubs and businesses plant 50,000 trees across the Watershed, over an anticipated 2 year period. This 'challenge' is in addition to the Authority's current tree planting activities which are focusing on establishing riparian belts for wildlife, etc. as laid out in our Watershed Plans. The 'Simply Tree mendous Challenge' will expand on this and with the major focus being on the benefits of incorporating native species in urban environments. The Conservation Authority will provide information, including our "Guide to Celebrate Niagara Peninsula's Native Plants and list of suppliers to everyone interested in participating in the 'challenge'. Participants will be asked to record the number and type of native plants that have been planted either on their own lands, or municipal properties. At the end of the 'challenge', a special award will be given to the municipality that has planted the most native species. It is hoped that this 'challenge' will encourage our watershed municipalities to incorporate native trees and plants species into their development standards and urban design guidelines. Local Councils will be requested to pass a resolution indicating their participation in the 'Simply Tree mendous Challenge.' Municipal plantings, including boulevard trees and other plantings in new developments will count towards a municipality's score. For further information or to obtain a copy of the Native Plant Guide Please Contact: Mary Stack, Director, Communications Niagara Peninsula Conservation Authority 905 788 -3135 Ext. 242 Website: www.npc.ca Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE: May 4, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: National Public Works Week NiagaraFalls C 4\ A U A Since 1960 National Public Works Week (NPWW) has been a celebration involving tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. National Public Works Week is observed each year during the third full week of May and is co- sponsored by the Canadian Public Works Association (CPWA) and the American Public Works Association (APWA). This year's NPWW theme is `Revitalize, Reinvest, Renew' signaling a change in thinking and a new direction in practice. Revitalizing our infrastructure means finding new ways to sustain performance, using new materials, increasing efficiency. Reinvesting in our infrastructure will ensure safety, longevity, positive quality of life. Renewing our infrastructure means replacing and reinvigorating the systems and structures on which we depend. Staff plans to hold a one day exhibit at Niagara Square on Saturday May 23, 2009 and ongoing displays at City Hall during the week of NPWW. The activities will include table displays form various Municipal Works divisions including Engineering Services, Service Centre Operations, Traffic Services, Transit, Environmental Services and Infrastructure Services. Additionally, an equipment display of our Service vehicles will be shown in the Niagara Square parking lot. RECOMMENDATION: That Council proclaim May 17 -23, 2009 as "National Public Works Week" in recognition of the hard work and dedication of our Municipal Services staff Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development City of Niagara Falls Proclamation WHEREAS, National Public Works Week is an event designed to raise awareness of how the public works services provide our community an integral part of the quality of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as the transportation, water supply, sewage and solid waste collection and public buildings and other structures and facilities essential to serve our citizens; and WHEREAS, such facilities and services could not be provided without the efforts of qualified and dedicated personnel who staff the Municipal Works Division. NOW, THEREFORE, 1, Ted Salci, Mayor of the City of Niagara Falls, do hereby designate the week of May 17 23, 2009 as "National Public Works Week" in the City of Niagara Falls and urge all citizens to acknowledge our public works employees and to recognize the substantial contributions they make to our health and welfare. Mayor Ted Salci City of Niagara Falls DATE: TO: FROM: SUBJECT: Niagara'�,,I4f Region April 28, 2009 ary Atack, Co-ordinator of Records and Information and Project Management GA:sb Attach Copy to: Kimberlee Lambe, Communications Specialist MEMORANDUM Neal Roberts, Executive Officer to the Regional Chair Janet Pilon, Acting Regional Clerk Gary Atack, Co- ordinator of Records and Information and Project Management Request to include May 18 -23 Public Works Week In Chair Partington's Council Remarks for May 7 Regional Council Meeting JArnswo dlAtack GarytPublIc Works WeekWay 17 -23 20091Memc-PW Week May 17 -23.09 (Janet Non) (April 28-09) (Final) doe As National Public Works Week (NPWW) is fast approaching (May 18 -23), I respectfully request that a short comment about the Region's activities related to NPVVW be included in the Chair's announcements at the May 7th Regional Council meeting Niagara Region will feature a variety of interactive displays and information resources from across all of the Public Works divisions. Employees will be staffing displays at the Pen Centre May 21 and 22 with the expectation that residents will come and look at the material and ask questions about the numerous public works services, Regional infrastructure and how it supports a healthy, productive, safe and clean environment. Staff are also offering tours of the Niagara Recycling Centre, Glenridge Quarry Naturalization site, and our water treatment facilities (for Regional and Municipal employees only). The Public Works Division will also be hosting a "Touch -a- Truck" display in the Zeller's parking lot at the Pen Centre on Saturday, May 23r from 9 a.m, 5 p.m.. Making this event even more enticing is a community barbecue that is being supported by M M Meats and Zehr's. While the food and beverages will be supplied to shoppers at no charge, voluntary donations will be accepted and all proceeds will go to support the Region's United Way campaign.. Regional Council's acknowledgment of Public Works cornmitment to our communities infrastructure is reinforced via this year's NPWW theme of "Revitalize, Reinvest and Renew".. 1 further respectfully request that you share this information with our colleagues in the Region's 12 Municipalities as we would appreciate any consideration they could give to the drafting of a Proclamation in recognition of National Public Works Week. A general draft of the wording is attached for their consideration.. Thank you. (4/28/2009) Dean lorfida Communities in Bloom Official Flag PRaising age 1] From: To: Date: Subject: CC: Denyse Morrissey; Kathy Moldenhauer On behalf of the Communities in Bloom Committee I am respectfully requesting an official flag raising ceremony of the Communities in Bloom flag at the front of City Hall. As presented to City Council on Monday March 9, 2009, the City has officially entered into the 2009 Communities in Bloom provincial competition. On July 21, 22 23, Communities in Bloom judges will tour the City of Niagara Falls. By raising the Communities in Bloom flag at the front of City Hall, it provides a strong message to the judges as well as the community that the City and its Council are fully supportive of Communities in Bloom. Spring has quickly been thrust upon us. As such, it would be ideal to raise the Communities in Bloom flag as soon as possible (i.e. Thursday May 7, 2009) to announce our intention to clean our streets and parks and to work with the public to make the City of Niagara Falls the most beautiful and environmentally aware City in the Province of Ontario. Thanking you in advance for your consideration, Mark Mark Richardson Community Development Coordinator Parks, Recreation Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905-356-7521 ext. 3341 Fax: 905 -356 -7404 Email: mrichardson @niagarafalls.ca Mark Richardson Dean Iorfida 4/28/2009 11:00 AM Communities in Bloom Official Flag Raising Dear Mayor: Toros* o Residents rt Partnership V t Prnfir Corporation.. February 19 2009 OffIVED fLi4 2009 MAYOR'S OFFICE As in every other community in Ontario, Seniors are the fastest growing segment of your constituency. And this growth is not in Ontario alone. The trend to older populations is a worldwide phenomenon. With the rise in numbers, we are also seeing a rise in cases of Elder Abuse. As you know, Elder Abuse takes a number of forms, ranging from financial exploitation and neglect to psychological and even physical harm. Like other forms of abuse, Elder Abuse is abetted by silence. A community that is unaware of the causes and the nature of Elder Abuse and is not exploring possible means of prevention and redress is putting its Seniors at risk. Community awareness is a critical first step to ending Elder Abuse. For the past five years, Toronto Residents In Partnership has taken up challenge to have municipalities across the Province recognize the signs and consequences of Elder Abuse. At TRIP's invitation, the City of Toronto was the first city in the world to proclaim an Elder Awareness Month in June 2002. The numbers today continue to grow. We are requesting that you again declare June Elder Abuse Awareness Month. Toronto Residents In Partnership is a not- for- profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding, co- operation and harmony. We would be happy to offer our support and our assistance in publicizing your community's participation in this initiative. Thai you for your participation. Ray Hay Presid t North York Civic Centre, 5100 Yonge Street, Lower Level, Toronto, ON. M2N 5V7. P: (416) 395 -6475 F: (416) 395 -6476 Email: ccrer toronto.ca Website: www.triptoronto.ca T 1426 T (4!27/2009) Dean lorfida Request for the use of Glenview Park for Fireworks Display reat Wolf Lodge Page 1 From: To: Date: Subject: Attachments: Dear Mr. lorfida, "Micheal Biancaniello" michealb @redboss.ca> <diorfida @niagarafalls.ca> 4/23/2009 7:52 PM Request for the use of Glenview Park for Fireworks Display, Re: Great Wolf Lodge GWL Let to City Clerk NF.doc; Great Wolf May15,JuIy1 09 Insurance Cert.PDF Please find attached a letter of request for the use of Glenview Park on behalf of Great Wolf Lodge for the dates May 15th and July 1st. If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello Micheal Biancaniello CEO REDBOSS PYROTECHNICIANS INC. www. redboss.ca P.O. Box 120 Fenwick, ON LOS 1C0 Ph. 905 892 1806 Mobile 905 685 2907 Fax 905 892 2461 email michealb @redboss.ca L(4/27/2009) Dean lorfida GWL Let to City Clerk doc Page 1 Dean lofida City of Niagara Falls Director of Council Services and City Clerk 4310 Queen Street Clerk's Office Niagara Falls, ON L2E 6X5 Dear Mr. lofida, Red Bosse Pyrotechnicians Inc April 23, 2009 We have been contracted by Great Wolf Lodge to execute two fireworks displays for the dates May 15 July 1st, 2009. We would like to make a request on behalf of Great Wolf Lodge to reserve Glenview Park for these dates, for the purpose of setting up and firing these displays. We would require the park from 4pm to 11pm each day. RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached} If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello CEO P.O. Box 120 Fenwick, ON LOS 1C0 Phone: 905 892 1806 Fax: 905 892 2461 email redbosscaon.aibn.com www.redboss.ca THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR ADDL NSRC TYPEOF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATEIMM/DO/YY1 POLICVEXPIRATION DATEIMM /DD /YYI LIMITS A GENERAL LIABILITY 10111395 8/28/2008 8/28/2009 EACH OCCURRENCE $5,000,000 X COMMERCIAL GENERAL LIABILITY RENTED PREMISES (Ea $1,000,000 CLAIMS MADE X OCCUR MED EXP (Anyone person) 1,000 PERSONAL ADV INJURY 5, 000,000 GENERAL AGGREGATE 5 000 000 GENLAGGRE I LIMIT PER: PRODUCTS COMP /OPAGG 5,000,000 POLICY Ih I PE� El LOC AUTOMOBILELIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) E ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE E R DEDUCTIBLE E RETENTION WORHERSCOMPENSATIONAND EMPLOYERSLIABILITY I TORYLIMITSI I T ER ANY PROPRIETOR/PART/ER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBEIEXCLUDED? 11 yyes, u EL DISEASE EA EMPLOYEE E SPECIALPROVISIONSbebv E.L DISEASE POLICY LIMIT OTHER DESCRIPTIONOF OPERATIONS LOCATIONS VEHICLES/ EXCLUSIONSADDED BY ENDORSEMENT SPECIALPROVIS ONS Date of Venue: May 15th Julylst, 2009 Time of Display Between 8 lOpm Rain Date: within 10 BusinessDays Location of Display: Glenview Park, Victoria Avenue, Niagara Falls adjacent to Great Wolf Lodge Additional Insured: The City of Niagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 ACORD,,, CERTIFICATE OF LIABILI1Y INSURANCE DATE(MM /DD/YYYY) 4/22/2009 PRODUCER Phone: 440 248 4711 Fax: 940 298 5906 Britton Gallagher and Associates, Inc. 6290 SOM Center Rd. Cleveland OH 44139 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED RedBoss Pyrotechnicians Inc. P. 0. Box 120 Fenwick ON LOS1C0 INSuRERA:American Home Assurance Co 19380 INSURERS: INSURERC INSURER D: INSURER E Great Wolf Lodge 3950 Victoria Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Niagara Falls ON L2E 7M8 Canada SHALL IMPOSE NO OBLIGATIONOR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATI1ES. AUTHORIZEDREPRESENTATIVE 4° o u eC4F 1(4/27/2009) Dean lorfida Great Wolf May15,July1-09 Insurance Cert.PDF Page 1 CAN C I A TI AM ®ACORD CORPORATION 1988 (4/27/2009) Dean lorflda Great Wolf May15,Ju1y1 09 Insurance Cert.PDF Page 2 IMPORTANT If the certificate holder i s an ADDI11ONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate d oes not confer rights to the certificate h older in lieu of such e ndorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain p olides may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The C ertificate of Insurance on the reverse side of this form does not c onstitute a contract between the issuing insurer(s), authorized representative or p roducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter t he c overage afforded by the polities I isted thereon. ACORD 25(2001108) To: Acting Clerk Regional Municipality of Niagara Clerks of the Niagara Area. Municipalities HNHB -Local Integration Health Network Municipalities Re: Request Audit of Niagara Health System (NH and the Hamilton Niagara ialdiraaud Brant Local Health Integratioin Network (LHIN) Enclosed please find a copy of a: letter to .Mr. Jim McCarter, Auditor General, advising of a resolution passed by the Municipal Council: of the Town of Fort Erie at its meeting of April 27, 2009 calling for an immediate audit of the Niagara Health System and the Hamilton Niagara Haldirnand Brant Local Health Integration Network. Kindly place this matter before your Council at the earliest opportunity for consideration. Thanking you for your assistance herein. Your ve ruly,. C:'.' o yn J. Kett, A.M.C.T. Town Clerk CJIi4 dlk Attach. Mailing Address: Office Hours 8:30 a.m. to 5100 p.m. Legal Legislative Services Our Focus: Your Future The Corporation of the Town of Fort Erie Municipal Centre, l.Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Phone (905)_ 871 -1600 Fax (905) 871 -4022 April 28, 2009 Sent via email Web -Site: www;forterie.on.ca Mr. Jim R. McCarter Auditor General. Suite 1530, 20 Dundas Street West P.Q. Box 105 Toronto, ON L5G 2C2 Dear Mr. McCarter: Legal Legislative Services Aprii. 28, 2009 Sent via email: iim,mccarteaaciiauditor.on.ct.. and ordinary mail Re: Request Audit of Niagara Health System (NHS) and the Hamilton Niagara Haldimand Brant Local Health. Integration Network (LAIN) At the Council meeting of April 27, 2009 the resolution was passed respecting the above referenced matter: WHEREAS the Office of the Auditor General is an independent audit office serving Ontario's: Legislative Assembly, conducting independent value- for money, attest, and compliance audits, of amongst others, broader public sector organizations that receive government grants such es hospitals, and WHEREAS it is deemed expedient to request the Office of the Auditor General to undertake an audit of the Niagara Health System (NHS) and the Hamilton Niagara Haldimand Brarit Local Health Integration. Network (LHIN) for the. following reasons: (e) (0 Mailing Address: (a) The NHS has:incurred and maintained significant debt and has been unable.-to balance its budget basically since its inception yet the Douglas Memorial Hospital and the Port Colborne General: Hospital operated in the black prior to the NHS; (b) According fo published reports, the NHS has a negative working::capital position of $116.8 million as of Marc h 31, 2008 and an annual operating debt of approximately $17 million; (c) Despite the NHS projection to eliminate the operating deficit by the year 2012/2 the public has no confidence in their ability to do so, particularly without even More destructive actions resulting in less than fair and equal access to health care for all in the Niagara: Region; (d) An analysis of the Sunshine. List for those employees receiving NHS salaries over $100,000 reveals: YEAR or EMPLOYEES TOTAL SAL. 2004 34 0;406,218 2005 36 $5,732,757 2006 67 $9;765 ;980 2007 116 $15;678,804 2008• 189 $21,966 106 The projected construction and ancillary costs for the new "St. Catharines" hospital have escalated from $305 million estimated in 2003 to over $759 million today with a projected 30 year cost of $1.56 billion; The Honourable Jim Bradley, MPP has repeatedly stated publicly there has been a 43 per cent increase in base funding for the NHS since the Liberals took offi in' 2003 and yet the NHS maintains a heavy debt lead unbalanced budget; Our Focus: Your Future e The Corporation of the Town of Fort Erie Municipal Centre 1 Municipal Centre Drive Fort Erie, Ontario Canada 1;2A 2S6 Office Horns 8:30 a.m. to 5 :00 p.m. Phone (905),871-1009 Fax (905) 8714022. web -Site: www fonerie.oii.ca Mr. Jim R. McCarter Page two (g) The LHIN is funded by the Ministry of Health and Long Term Care and is responsible for the distribution of funds to the NHS under an unsigned Accountability Agreement and has accepted the non performance of the NHS in many areas of its operation despite the recent Hospital Improvement Plan, and in addition, the public is unaware of any financial accountability measures to attest to the performance of the NHS or the LHIN; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that it hereby requests the Office of the Auditor General to immediately begin an audit of the Niagara Health System and the LHIN for some of the reasons stated above and to determine value- for -money for the residents and taxpayers of the Niagara Region and taxpayers of the Province of Ontario, and further THAT:This resolution be circulated to the Regional Municipality of Niagara and area municipalities for support, as well as the City of Hamilton, Halidmand County, Brant County and the City of Brantford respecting the LHIN, and further THAT:This resolution be provided to the appropriate persons. The City of Port Colborne passed of Wainfleet is expected to do municipalities are being asked to We have a tremendous amount require same. (CARRIED) a resolution at its meeting of April 27, 2009, the Township the same at its meeting of April 28, 2009 and other consider a similar course of action. of information and records in our possession should you We look forward to your favourable consideration of this important matter and your subsequent contact with the Town of Fort Erie. J. t, A.M.C. Town Clerk ckettaforterie. on. ca CJK /dlk c.c. The Honourable Dalton McGuinty, Premier of Ontario Fax: 416- 325 -7578 The Honourable David Caplan, Minister of Health and Long Term Care Fax: 416- 326 -1571 The Honourable Dwight Duncan, Minister of Finance Fax: 416 325 -0374 Andrea Horwath, Leader of the NDP Fax: 416- 325 -2770 Kim Craitor, MPP Fax: 416 -325 -0818 Tim Hudak, MPP Fax: 416 325 -0998 Peter Kormos, MPP Fax: 905- 732 -9782 Janet Pilon, Acting Regional Clerk Fax: 905- 687 -4977 Clerks of Niagara Area Municipalities Via: Email Kevin C. Christenson, Clerk, City of Hamilton Fax: 905 -546 -2095 Darryl Lee, Clerk, City of Brantford Fax: 519- 759 -7840 Jayne Carman, Clerk, County of Brant, Fax: 519 -449 -2454 Janis Lankester, Clerk, County of Haldimand Fax: 905- 772 -3542 Dr. David Henry, o/b Fort Erie Doctors Fax: 905 871 -1221 Dr. Ray Dawes Via email: raydawe a dawes.ca 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 Betty-Lou Souter, Chair, NHS Fax: 905- 323 -3800 Juanita Gledhill, Chair, LHIN Fax: 905- 945 -1992 Rick VanSickle, City Editor, St. Catharines Standard Fax: 905 -684 -6032 Joe Wallace, City Editor, Niagara Falls Review Fax: 905 -356 -0785 Joe Barkovich, City Editor, Welland Tribune Fax: 905- 732 -3660 May 4, 2009 F- 2009 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -27 Financing Lease Report Niag araJ CANADA RECOMMENDATION: For the information of the Members of Council. BACKGROUND: The amendment to Ontario Regulation 46/94 filed September 20, 2002 under Ontario's Municipal Act requires municipalities to analyze and disclose specific standardized information on financing lease agreements. Municipalities shall provide, at least once a year, a report on all finance leasing agreements and transactions entered into by the municipality. The attached Schedule "A" shows all of the City of Niagara Falls' current leases in compliance with the requirements of the amended regulation. In summary, this schedule shows that: the total cost of all leases is approximately one -half percent of the annual levy no one lease individually, nor all collectively, represent any material impact to the municipality the City's 2009 debt and lease repayment is $4,774,035 which is well within the 2009 repayment limit set by the Ministry of Municipal Affairs and Housing which is $19.5 million, (25% of 2007 Revenue Fund Revenues $94.7 million less 2007 net debt charges.) ueensStreetP.. Working Together to Serve Our Community Corporate Services Department Finance May 4, 2009 2 F- 2009 -27 CONCLUSION: Presentation of this report ensures that Council is provided full disclosure on the impacts of these leases on the budget and debt capacity. It is the Treasurer's opinion that these leases, individually and collectively, do not represent any material impact to the municipality. The City of Niagara Falls' debt level and capacity, including these leases, is well within the limits set by the Ministry of Municipal Affairs and Housing. Recommended by: Approved by: C. Luey Ki Todd Harrison, irector of Fi i ancial Services Ken Burden, Executive Director of Corporate Services Post Office Box Mailing Meter Photocopiers: Item Being Leased Canon IR -5050 Canon IR -5050 Fire Department Fire Department Print Shop Clerks IR 5020i Mayor /CAO 18 Various Divisions Building Fire Dept Museum Radio Airtime Fire Department Pagers Fire Department Lease Vendor Finance Co. Reference Canada Post Pitney Works (Pitney Bowes) 538858 -9 CIT Financial LTd. (Client 780- 0443111- 325064) 001 CIT Financial LTd. (Client 780- 0434308- 325064) 001 CitiCorp Vendor Finance Ltd 3758110 CitiCorp Vendor Finance Ltd 3755940 780- 0414021- CitiCorp Vendor Finance Ltd 0001/0002 GE Canada Equipment 202- 1048575- Financing 000 780- 0368050- CIT Financial Ltd. 001 780- 0394938- CIT Financial Ltd 001 780- 0429285- CIT Financial Ltd 0001 De lage landen Knowlton Pass Knowlton Pass Tractor Cemetery Stamford Centre Branch Library Elgin Block (I.S. Office) Hydro Land Lease Pt Lot 56,9,10 Parking Area Ker Park Don Johnson Park Storm Sewer Property Storm Sewer Land Lease Fire Dept Municipal Parking Lot 18 (Kitchener Victoria) MTO Property Lease Del Management Solutions Total Annual Lease Cost 2009 Annual Debenture Repayment City of Niagara Falls Total Debt Payment (Including Leasing Costs) 2009 Debt Capacity as per MMAH Repayment Limit) Total Annual Lease Cost as a Percent of 2009 Annual Levy ($45.6 Million) SCHEDULE "A" City of Niagara Falls Existing Leases As at: March 31, 2009 001- 0092586- 000 Contract signed Jan 23/ 06 Ben Berg Farm Industrial Equipment Ltd T C Holdings Historical Niagara Development Inc Ontario Realty Corp. MH0057 Ontario Realty Corp. MH0689 Lot 157 Ontario Power Generation 0419706 Ontario Power Generation TCH 05 -B26 Legal file #2006 Niagara Falls Curling Club 158 Annual Cost Term of Lease Renewal Date (excl. taxes ins) 6,016.00 property taxes on land 650.00 1 Year 670.92 3,180.00 3,140.40 6,732.00 342.00 60 months 60 months 60 months 7,902.00 60 months 3,400.00 60 months 3,120.00 60 months 35,208.48 8,100.00 1,704.00 46,800.00 13,200.00 19,200.00 75,900.36 37,198.56 50 of Net Parking Revenues 6,187.95 for 2007 289,414.67 4,484,620.12 4,774,034.79 19,538,831.00 Annually renewed 60 months December 2013 June 2013 May 2008 April 2008 June 2012 May 2010 July 2010 60 months August 2011 60 months March 2013 60 months X 2 May 2015 60 months X 2 May 2015 rent with option to purchase 60 months September 2010 36 months February 2011 7,980.00 plus 75% of taxes Annually 2.00 plus 50% of taxes Annually 920.00 Annually 1,860.00 Annually 10 years April 30, 2016 0.63% May 4, 2009 HR- 2009 -02 Re: HR- 2009 -02 Workplace Health Safety Contractor Safety Policy Program Niag araal1s His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: That Council approve the new Contractor Safety Policy and Program. BACKGROUND: As Council is aware, The Workplace Safety and Insurance Board launched a new initiative in 2008 to seek cooperation from municipalities to improve its awareness and commitment to workplace health and safety practices. Following a presentation on March 17, 2008 from the Honourable Steven Mahoney, Chair of the Workplace Insurance and Safety Board, Council approved a "Community Charter" to visibly demonstrate this commitment within our community. It has been recommended by the MOL that we consider establishing a Contractor Safety Policy /Program, as it would serve as a resource and guideline for ensuring safety for not only City staff, but also for our many contractors and their staff as well as members of the public. As defined in the Occupational Health Safety Act (R. R.0 1990, Reg. 851), an Employer is "a person who employs one or more workers, or contracts for the services of one or more workers and includes a contractor, or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services Therefore, it is essential for the City as an employer of many contractors to ensure that all parties performing work and supplying services, do so in compliance with the Occupational Health Safety Act, as well as with the City's Corporate Health Safety policies and programs. During the calendar year of 2008 -2009, the City did go through an extensive health and safety audit with the Ministry of Labour (MOL). This audit consisted of detailed inspections and work orders of ten (10) City facilities (ie. Cemeteries, arenas, municipal service centre, transit, as well as a Corporate Policies Procedures audit). ox 1 023, Niagara Falls, ON,'Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Corporate Services Department Human Resources May 4, 2009 2 HR- 2009 -02 A Contractor Checklist has been developed and will be supplied to the successful bidder. The checklist is to be completed by the successful contractor prior to any work commencing. The Region will be adopting a similar practice. Staff will also investigate the possibility of a registry for contractors that meet Workplace Health Safety requirements. CONCLUSION: Through implementing the Contractor Safety Policy /Program the City will be demonstrating Due Diligence with it's various contractors. Further, implementation of this policy will also reconfirm the City's commitment to build healthier and safer workplaces within the City of Niagara Falls. Recommended by: Approved by: ifr Trent Dark Direan Resources Ken Burden, Executive Director, Corporate Services Corporate Services Human Resources Health Safety Date Effected May 4, 2009 Last Revised CONTRACTOR SAFETY PROGRAM POLICY PURPOSE The Corporation of the City of Niagara Falls will endeavour to work with all contractors and self employed contractors to ensure the health and safety of City staff, contractors /contractor staff as well as members of the public. A Contractor Safety Program will be established to carry out these requirements. The intention of this policy is to ensure contractors contracted by the City of Niagara Falls are responsible for taking all necessary steps to protect persons, including workers, visitors, the general public, and property from any harm during the course of the contract. In addition, all work procedures and equipment will be in accordance with the City of Niagara Falls standards, and legislated standards guidelines. It is the policy of the Corporation of the City of Niagara Falls to require that the provisions of the Occupational Health Safety Act (Act) and applicable Regulations are complied with: a) where the Corporation of the City of Niagara Falls contracts the performance of work or services (non construction); and b) where the Corporation contracts a "constructor" (as defined in Section 1 of the Act) to undertake a project (construction). The purpose of these requirements is to ensure that all reasonable precautions are taken: a) for the protection of workers; and b) so that the Corporation of the City of Niagara Falls is duly diligent in their duties and responsibilities under the Act. APPLICATION This policy and program applies to all work and services contracted by the City of Niagara Falls, as defined in Section 4 of this policy. Contractor Safety Program: This program is divided into the following sections 4.1) Definitions 4.2) Legislative References 4.3) Duties of the Employer 4.4) Responsibilities 4.5) Types of Contractors 4.6) Contractor Safety Program Requirements Stage 1 Contractor Checklist Stage 2 Pre commencement Meeting Stage 3 Performance Monitoring Stage 4 Post Contract Performance Evaluation SECTION 400.38 Corporate Services Human Resources Health Safety Date Effected May 4, 2009 Last Revised CONTRACTOR SAFETY PROGRAM POLICY Additional Forms: Appendix A Contractor Checklist Appendix B Pre commencement Checklist Appendix C Post Contract Performance Evaluation SECTION 400.38 DEFINITIONS Definitions in the Occupational Health and Safety Act and Regulations Competent Person means a person who, a) is qualified because of knowledge, training and experience to organize the work and its performance, b) is familiar with this Act and the regulations that apply to the work, and c) has knowledge of any potential or actual danger to health or safety in the workplace; Construction includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine. Constructor means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer Designated Substance means a biological, chemical, or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled Employer means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services. Owner includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate Prescribed means prescribed by regulation made under the Act Project means a construction project, whether public or private, including, a) the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, b) the moving of a building or structure, and c) any work or undertaking, or any lands or appurtenances used in connection with construction. Corporate Services Human Resources Health Safety Date Effected May 4, 2009 Last Revised CONTRACTOR SAFETY PROGRAM POLICY LEGISLATIVE REFERENCE Occupational Health and Safety Act (OHSA) various Regulations, RSO 1990 Industrial Establishment Regulations, Reg. 851, R.R.O. 1990 Construction Projects Regulations, Reg. 213/91 Asbestos on Construction Projects in Buildings Repair Operations, Reg. 278/05 DUTIES AND RESPONSIBILITIES Where the City of Niagara Falls contracts the services of one or more workers, including a contractor or sub contractor who performs work or supplies services where the contractor is not deemed the constructor, the City of Niagara Falls is considered the employer under the Act and assumes all of the duties outlined under Sections 25 and 26 of the Act. The employer will review and evaluate the Contractor Safety Program annually in consultation with the Joint Health and Safety Committee (JHSC) and Corporate Health Services. Director (or Delegate) Is responsible to ensure that the requirements of this policy and program are carried out with respect to contracted work performed under their authority or control (this may include work completed under their direction for site /location outside their department). Contractors SECTION 400.38 Manager /Supervisor Shall ensure that any contracted work performed under their authority or control conforms with the requirements of this policy and program. Shall ensure that contract personnel (non construction) are aware of the requirements of the policy /program. And, that a pre- commencement meeting and checklist is completed prior to commencing work, as outlined in Stage 2 of the Contractor Safety Program. Shall report any performance issues and concerns as outlined in Stage 3 of this policy to their Director and Corporate Health Services. Shall monitor contractor performance and use the forms provided in the Contractor Safety Program to keep a record, as outlined in Stage 3 and 4 of the program. Shall enforce and comply with the requirements of this policy /program; and ensure that their workers are aware of this policy /program, and comply with the various requirements. Supply Services Provide a copy of the Contractor Checklist (Appendix A)to the successful bidder, as outlined in Stage 1 of the Contractor Safety Program. Corporate Services Human Resources Health Safety Date Effected May 4, 2009 Last Revised CONTRACTOR SAFETY PROGRAM POLICY VARIOUS TYPES OF CONTRACTORS SECTION 400.38 Keep copies of completed forms pertaining to the Contractor Safety Program in the contractor's file for future reference. Human Resources The Health Safety Administrative Staff shall be a resource to each Division as well as to Managers Supervisors with regards to all elements of the Contractor Safety Program. The types of contractors employed by the City of Niagara Falls can be classified into two groups: Maintenance Service Work a) Includes services provided under contract such as snow removal services, electricians, custodial services, security, heating, ventilation and air conditioning specialists, elevated tanks, signal repairs, patch -work, landscaping, land surveying, environmental assessments requiring drilling /excavation etc., inspections, hired equipment list and others, as determined by each Division and Supply Services, and are usually employed for set periods of time, as determined by terms and conditions of the agreement; and b) Services provided on an "ad hoc" basis, such as plumbers, appliance repair persons, water main breaks, or general handy persons, who are employed periodically for short term assignments. Construction Project(s) a) Includes Project General Contractors, such as construction companies, where they are employed to carry out a project, and where the final completion of the project is determined by the Divisional Representative. Examples include construction of a building, installation of elevator or replacement of boilers and other major mechanical equipment. CONTRACTOR SAFETY PROGRAM REQUIREMENTS The City of Niagara Falls Contractor Safety Program is comprised of four (4) stages which include the following: Stage 1 Contractor Checklist A Contractor Checklist, (APPENDIX A, As Amended from Time to Time) will be supplied to the successful bidder. The checklist is to be completed by the successful contractor prior to any work commencing. The contractor checklist will help determine if a contractor is likely to perform the work in accordance with Occupational Health Safety requirements. NOTE: The City of Niagara Falls may conduct an investigation into the Occupational Health Safety performance and practices of a contractor in order to confirm that the contractor has Corporate Services Human Resources Health Safety Date Effected May 4, 2009 Last Revised CONTRACTOR SAFETY PROGRAM POLICY SECTION 400.38 complied with the program requirements. Non compliance can result in immediate termination of the contract. Stage 2 Pre- commencement Meeting After a contract has been awarded, but prior to the job commencing, the Pre commencement Checklist (APPENDIX B, As Amended from Time to Time) will be reviewed and completed by the applicable Division Representative with the successful contractor. In addition, it is recommended that Corporate Health and Safety staff assist in this process. Stage 3 Performance Monitoring Under the Occupational Health Safety Act, liability can be directed to the employer for contractor safety infractions, especially in the case of critical injuries and fatalities. During the contract, the Divisional Representative responsible for overseeing contract performance will monitor the contractor's performance on a regular basis, documenting any issues or concerns. If any issues or concerns arise, the contractor will be notified both verbally and written. The City of Niagara Falls retains the right to stop the contractor's work without penalty to the Corporation of the City of Niagara Falls if the contractor does not comply with the Occupational Health and Safety Act, the Regulations, all applicable Corporate Policies and Industry standards /guidelines, or creates an unacceptable health and safety hazard. And the retention of this right shall be reflected in all construction, maintenance and servicing contracts. Stage 4 Post Contract Performance Evaluation The Post Contract Performance Evaluation form (APPENDIX C, As Amended from Time to Time) is to be filled out, signed and retained in the bid file in either Purchasing (Supply Services) and a copy sent to the Health Services Specialist. As a result of documented "poor performance the contractor may be disqualified from bidding on future work for the Corporation of the City ofNiagara Falls. NOTE: The Corporation of the City of Niagara Falls reserves the right to the following: a) disqualify a contractor based on past performance; and b) obtain documentation to demonstrate that the contractor complies with the program requirements. c) and the retention of this right shall be reflected in all construction, maintenance and servicing contracts. Section A. WSIB INSURANCE LIABILITY CERTIFICATE Yes No Number i) Proof of WSIB Clearance Certificate ii) Proof of Liability Insurance Coverage (min $2,000,000.00) WHMIS Specific Chemical Review iii) If contract job lasts more than 2 months, you will be required to provide WSIB clearance every 2 months (60 days). Section B. INCIDENT STATISTICS REPORTING Yes No Number i) Do you maintain files on incident reports? ii) How many incidents has your company had in last 2 years? iii) Has your company experienced critical incidents or fatalities in the last 5 years? If so, how many? Section C. HEALTH SAFETY POLICY PROGRAM Yes No N/A i) Does your company have a Health Safety Policy? ii) Does your company have a program in place to implement this policy? iii) Do you have a Joint Health Safety Committee? This is a legislated requirement if you have 20 or more staff. iv) Do you coordinate safety meetings? If so, how often? C. TRAINING POLICY PROGRAMS *Check if applicable to work/service to be performed* Training Yes No N/A Frequency Written Procedure Yes 1 No WHMIS Generic (Legislation Overview) WHMIS Specific Chemical Review Designated Hazardous Substances (List): Respiratory Protection Contractor Name: Contractor Representative: Tender Bid Number Number of Staff (Full /Part time): APPENDIX A CONTRACTOR CHECKLIST For Section C, please mark each training program conducted by your company, and written policy procedure that is applicable to the work/services to be performed. For work over $20,000.00, please enclose a copy. Workplace Inspections Yes No N/A Hard Hats and or Other Head Protection Accident Reporting Safety Glasses /Goggles Face Protection /Shield Hearing Protection Transportation of Dangerous Goods Safety Boots Gloves Confined Space Entry Safety Harnesses Fall Arrest Equipment (Full Body) Traffic Control Traffic Vests Fire Protection Respiratory Protection (specify type): First Aid Emergency Procedures Trenching Shoring Excavation Lockout /Tag out Machine Guarding Forklift Chainsaw Electrical Safety Ladder Safety Crane Rigging Safety Rescue Retrieval Lifting Techniques (Manual /Mechanical) Welding or Cutting Demolition Fall Protection Elevated Work Platforms Scaffolding Roofing Personal Protective Equipment -.E Hearing Footwear Head Protection Other (please list): D. PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS Yes No N/A Hard Hats and or Other Head Protection Safety Glasses /Goggles Face Protection /Shield Hearing Protection Safety Boots Gloves Safety Harnesses Fall Arrest Equipment (Full Body) Personal Floatation Devices Life Jackets Traffic Vests Respiratory Protection (specify type): For Section D, please check the Personal Protective Equipment you will be providing for the work to be completed. Section H. CERTIFICATION LICENSING Please indicate each category of certification or licensing required to perform the work. List others not included. Yes Yes No N/A Trades Qualification (Trades Qualification Act of Ontario) (MSDS's) for chemical products to be used on site. Extermination License Hazardous Waste Designated Substances (ie. Asbestos) iii) Are all products appropriately labeled iii) Do you conduct monthly inspections of large motorized equipment? B) Do you maintain records of these inspections? Professional license iv) Do you conduct annual reviews and training on WHMIS Welding v) Are your chemicals stored in adequate containers for use on this site? Electrical Plumber Fork Lift Other Lift Devices Chainsaw Air Brake "Z" Endorsement Section E. HAZARDOUS SUBSTANCES Yes No N/A i) Please enclose a copy of all materials safety data sheets (MSDS's) for chemical products to be used on site. ii) Please enclose a list of all designated substances to be used on site (As defined by the Occupational Health Safety Act, lead, mercury, asbestos, silica etc.) iii) Are all products appropriately labeled iii) Do you conduct monthly inspections of large motorized equipment? B) Do you maintain records of these inspections? iv) Do you conduct annual reviews and training on WHMIS v) Are your chemicals stored in adequate containers for use on this site? Section G. EQUIPMENT Yes No N/A i) Please enclose a list of all equipment to be used on site, excluding non powered hand tools. ii) Do you conduct pre -start inspections of large motorized equipment? B) Do you maintain records of these inspections? iii) Do you conduct monthly inspections of large motorized equipment? B) Do you maintain records of these inspections? Protective Clothing (gowns, masks, TYVEX suits) Other (please list): For Section E, please ensure this part meets the basic WHMIS requirements. Section F. ORIENTATION i) Do you provide any health and safety orientations for new employees Yes No N/A Section I. SUB CONTRACT WORK Please indicate if any of the work will be sub contracted for projects not undertaken as a constructor (defined by the Act). Yes No N/A i) Do you plan to sub contract any work ii) It is required that sub contractor(s) complete this Contractor Checklist. Is a copy of this checklist enclosed for sub contractor(s)? iii) List the work to be subcontracted: A specific Class of Drivers License (such as AZ, DZ, F, G, etc) Other (list): The undersigned hereby acknowledges and represents the information set out in the above is accurate and valid. FIRST NAME: LAST NAME: POSITION: COMPANY: SIGNATURE: DATE: 1) Contractor Checklist reviewed. Clarify any information or request further documentation. 2) Orientation of hazards (physical, chemical, biological, etc) at the work site(s). Review City of Niagara Falls Corporate Safety Policies (applicable to work being performed). Copies may be provided. 3) Reinforce Contractor staff are not allowed to use or operate City's equipment, devices, machines, vehicles, tools (powered or non powered), etc to carry out work, unless noted in the specific contractual agreement. 4) Documentation and /or MSDSs pertaining to hazardous substances and WHMIS products have been enclosed and reviewed. 5) Contractor advised of Emergency Procedures 6) Review with contractors applicable security protocols for the work site. 7) List of contractor staff who will be onsite to supervise the work has been provided.(part of "contractor checklist Changes? 8) Review Guidelines of Post Performance Evaluation (Appendix C) with contractor. Contractor may be ordered off the City site and /or to stop work for safety infractions. 9) Contractors will remove all chemicals hazardous products from the work site location at the end of project/contract. 10) Contractors may be required to sign in /out as a visitor at certain work locations. Advise if required. 11) City work site Supervisory staff reserve the right to inspect the work location /job site and document their findings for future audit purposes. 12) Serious incidents involving contractors must be investigated jointly by the contractor, site supervisory staff, and a representative from Corporate Health and Safety. 13) Any equipment, device or activity that may generate a hazardous atmosphere (i.e. fire, toxic, nuisance dust or odors) or physical hazard (i.e. noise, heat, vibration, radiation) will not be carried out on, near or within the confines of any City building without the appropriate control measures and safeguards in place. Further, authorization will be required from appropriate City staff. 14) The job site and work area will be kept clean and free of trip /slip and fall hazards. Warning and barricades must be in place when work will create a hazard for employees or the public. 15) Sub contractors performing work have also participated in the pre commencement meeting and checklist. Appendix B: Pre Commencement Checklist No Comments /Notes regarding meeting: PRE COMMENCEMENT CHECKLIST EVALUATION CRITERIA EXCEPTIONAL SATISFACTORY UNACCEPTABLE 1 a) Did the work get done on time? b) If not, were reasons avoidable unavoidable 2) Adherence to the specifications of the tender document. 3) Rate quality of work completed. 4) Compliance with Health Safety Environmental standards. 5) Overall customer service. 6) Were specific issues addressed in a timely acceptable manner? DESCRIPTION NUMBER OF OCCURRENCES Total number of accidents: Total number of critical injuries reported to Ministry of Labour: Property damage incidents: Ministry of Labour orders, if applicable: ADMINISTRATIVE: Performance Record and Evaluation data on this form has been completed by: Department Representative: Name: Title: Signature: Date: Additional Comments: Appendix C: Post Performance Evaluation May 4, 2009 BBS- 2009 -03 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Approved by: attach. Niag iraf ally Re: BBS- 2009 -03 Code of Conduct for Building Officials RECOMMENDATION: That Council approve the Code of Conduct for Building Officials. BACKGROUND: The Building Code Act, 1992, as amended by The Building Code Statute Law Amendment Act, 2002 included a provision requiring that municipalities establish and enforce a Code of Conduct for Chief Building Officials and Inspectors no later than July 1, 2005 and bring the code to the attention of the public. Staff has operated under the strictures of Building Services Policy G -26 since July 1, 2005, however, a formal by -law has never been enacted. Building Services has posted the Code of Conduct on the City's web site to fulfill the requirement of providing information to the public. It is, therefore, recommenced that the by -law listed later on the agenda be enacted to formalize the Code of Conduct for the Chief Building Official and Inspectors in the City of Niagara Falls. rector o John Castrilli, Building Services Ed Dujo vic, Exea'ive Director of Community Services 5-356-7521. www.niiagarafalls:ca Working Together to Serve Our Community Community Services Department Building Services Date Effective July I, 2005 Building and By -law Services STANDARDS OF CONDUCT FOR BUILDING OFFICIALS Building Officials undertake at all times to: POLICY G -26 Code of Conduct For t uilding Officials POLICY STATEMENT: WHEREAS the Building Act, 1992, as amended by The Building Code Statute Law Amendment Act, 2002 to include a provision requiring that Municipalities establish and enforce a Code of Conduct for Chief Building Officials and Inspectors not later than July 1, 2005 and bring it to the attention of the public; NOW THEREFORE the Council of the City of Niagara Falls enacts this policy and its standards of conduct and professionalism as its Code of Conduct for Building Officials. The Code of Conduct applies to the Chief Building Official and Inspectors appointed under the Building Code Act in the exercise of a power or the performance of a duty under the Building Code Act or the Ontario Building Code. The purpose of this Code of Conduct is to promote the appropriate standards of behavior and enforcement actions to ensure Building Officials apply standards of honesty and integrity, and to prevent practices constituting an abuse of power including unethical and illegal practices. 1. Act in the public interest, particularly with regard to the safety of buildings and designated structures; 2. Maintain their knowledge and understanding of the best current practice, the building laws and regulations relevant to their building certifying functions; 3. Commit themselves to a process of continuous education so as to constantly be aware of developments in building design, practice and law relevant to their duties; 4. Comply with the provisions of the Building Code Act, the Building Code and any other Act or applicable law that regulates or governs Building Officials and their functions; 5. Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal interests; 6. Not act beyond their level of competence or outside their area of expertise; 2 Date Effective July I, 2005 Building and By -law Services -2- POLICY G -26 Code of Conduct For Building Officials 7. Apply all relevant building laws, regulations and standards strictly and without favour and independent of the influence of interested parties or members of Municipal Council; 8. Perform their inspections and certifying duties impartially and in accordance with the highest professional standards; 9. Not divulge any confidential or sensitive information or material, that they became privy to in the performance of their duties, except in accordance with laws governing freedom of information and protection of privacy. 10. Extend professional courtesy to all; 11. Not act officiously or permit personal feelings, prejudices, animosities or friendships to influence decisions; 12. Recognize the appointment under the Building Code Act as a symbol of public faith; 13. Maintain current accreditation to perform the functions assigned to them; 14. Take all responsible steps to ascertain and document all available facts relevant to the performance of their duties and, 15. Exemplify compliance with all regulations and standards that govern building construction, health and safety or other matters related to their status as a Building Official. GUIDELINE FOR RESPONDING TO MISCONDUCT ALLEGATIONS The Building Code Act provides that the performance of Building Officials will be measured against the Code of Conduct. In response to any allegation of a breach of this code by an Inspector, the Chief Building Official shall direct an investigation and where appropriate, recommend disciplinary action against any Inspector who fails to comply with this Code of Conduct to the Chief Administrative Officer. Where the allegation is against the Chief Building Official, the Chief Administrative Officer shall direct the investigation and take such disciplinary action as reasonable in the circumstances and report such action to the Council. 3 Date Effective July t, 2005 Building and By -flaw Services POLICY G -26 Code of Conduct For Building Officials -3- In determining the appropriate discipline, the Chief Building Official or Chief Administrative Officer will have regard to the relevance of the conduct to the Building Official's powers and responsibilities as well as the severity of any misconduct. PUBLIC NOTIFICATION PRACTICE This Code of Conduct will be posted on the City's web site and inserted in the Building Services Department "Building Permits A Guide for Homeowners" handout to ensure that the Code of Conduct has been brought to the attention of the public. May 4, 2009 MW- 2009 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag araJ CANADA Re: MW- 2009 -30 Regional Niagara Transportation Services Sustainability Review That the information contained in this report be received by City Council for information purposes. BACKGROUND: The Regional Municipality of Niagara has initiated a Transportation Services Sustainability Review intended to collect information from Area municipalities, the Ministry of Transportation (MTO) and the Niagara Parks Commission for the purposes of rationalizing the Region's roadway infrastructure and reviewing best practices and spending patterns. Technical Report #1, completed in June 2008 includes a comprehensive review of background reports, needs assessments and Municipal Class Environmental Assessments and summarizes the issues related to current service delivery. This reference document was used to scope out the various issues and obstacles faced by local municipalities and formed the basis for Technical Reports #2 and #3 dealing with jurisdictional matters and capital spending respectively. Technical Report #2, completed in February 2009 revisited the appropriateness of the current Regional Road Classification Criteria which was adopted in 1997 and modified in 2002. The current criteria was considered to be appropriate and consistent with other Regional Municipalities (see Table' 1'). The result of the application of this criteria was that approximately 53 linear kilometers of roadway should be transferred from Area municipalities and the MTO to the Region. In return 44 linear kilometers of roadway should be transferred from the Region,to the Area municipalities and MTO. The net increase of nine (9) linear kilometers means an increase in operating costs of approximately $190,000 to the Region. 5- 356 -7521 www.niagarafalls:ca Working Together to Serve Our Community Community Services Department Municipal Works May 4, 2009 Storm Sewers, Streetlights, Sidewalks and Walkways, and Landscaped medians. MW- 2009 -30 For the City of Niagara Falls the jurisdictional changes proposed include: Extension of Thorold Stone Road Stanley Avenue to Victoria Avenue (Regional Road) One (1) kilometer Bridge Street- Stanley Avenue to Victoria (Regional Road transferred to the City when the extension of Thorold Stone Road is completed) 0.8 kilometers Victoria Avenue Niagara Parkway to Bridge Street (City Road transferred to the Region once connectivity with Thorold Stone Road extension is completed) 0.9 kilometers. Mewburn Road Mountain Road to Niagara -on- the -Lake boundary (City Road transferred to the Region) 3.5 kilometers. The proposed transfers result in approximately 4.4 kilometers of City roads to the Region and approximately 0.8 kilometers returned to the City from the Region. In future operating budgets this will translate into a modest cost savings of approximately $72,000 annually. The transfer of jurisdiction process will involve a formal agreement and by -law from the respective Councils. The Region is developing a priority list to deal with more urgent situations first. Technical Report #2, also sought to clarify issues regarding responsibility for local services that are located within the Regional Road Right -of -way particularly; Responsibility for the ownership of these components within the right -of -way is important from the perspective of PSAB PS3150 so that these assets can be appropriately accounted for in the municipality's financial records. Based on feedback from the Area municipalities and a review of other best management practices the following conclusions were developed. May 4, 2009 ASSET Storm Sewers Street Lights Sidewalks and Walkways Landscaped Medians MUNICIPAL ASSETS ON REGIONAL ROADS OWNERSHIP Region (new) Region (new) Local (same) Local (same) MW- 2009 -30 POLICY All storm sewers of size 675mm diameter and less. City responsible for funding any new storm sewer that is 750 mm diameter or greater. All streetlights are owned and operated by the respective road authority. Decorative lighting costs are the responsibility of the local municipality. All sidewalks remain the responsibility of the local municipality. All landscaped medians remain the responsibility of the local municipality. The financial impacts of these modifications have not been accurately quantified at this time however there are potential hydro cost savings to the City of $75,000 to $85,000 under this proposal. Technical Report #3, completed in January 2009 provides general information on the expenditures by municipalities on road related activities. The data does not lend itself to easy comparison among municipalities due to reporting differences and varying levels of service delivery. This report recommends that Area municipalities modify the financial reporting practices of their operating budgets so that they align more closely with the guidelines of the Municipal Performance Measurement Program (MPMP). This will allow the Region and each Area municipality to better monitor their spending and allocation in relation to other Ontario municipalities. While the City of Niagara Falls staff recognize the benefits of being able to compare performance measurements, we believe that this data does not recognize the distinct differences in economic opportunities and constraints that naturally exist between municipalities. The amount of money spent is not a true reflection of the amount of effort required. Technical Report #3 does however recommend that staff meet on a regular basis in an effort to address ongoing road maintenance issues Regional staff will be presenting the findings of these three technical reports for their Council's consideration later this Spring. May 4, 2009 Recommended by: Approved by: Attachment: -4- Geoff Holma Dirttor of Municipal Works MW- 2009 -30 Ed Dujlovic, Execute Director of Community Services S: \REPORTS \2009 \MW 2009 -30 Regional Transporation Sustainability Review.wpd 1 1 1 TABLE 1 MODIFIED MAJOR ARTERIAL ROAD NETWORK ROAD INFRASTRUCTURE MANAGEMENT STUDY CLASSIFICATION CRITERIA Urban Centre Connector provide a connection between urban centres having a population in excess of 750 persons to each other and to the Provincial Highway network. 2. S ervice to Major Traffic provide major arterial road service within 4.0 km Generators of major attractors or generators of heavy vehicles or high traffic volumes (minimum of 1000 vpd) such as manufacturing plants, quarries, tourist attractions, resort/recreational areas, major institutional complexes and satellite parking facilities. 3. Barrier Service provide major arterial road service parallel to and/or crossing of major geographical barriers where feasible given no other Provincial Highway or major arterial road is within 4.0 km. 4. System Continuity with Adjacent provide continuity of the major arterial road Jurisdictions network within the Region with the major arterial road network of adjacent jurisdictions. 5. Overall System Continuity provide continuity of the major arterial road network identified through the application of the above criteria. In addition, in order for a road section to be designated as a Regional Road, at least one of the above crueria must be satisfied together with the average daily traffic volume being greater than 1500 AADT within the rural areas and ,greater than MVO AADT in the urban areas. May 4, 2009 MW- 2009 -31 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -31 Hydrant Flushing Program Service Delivery Review RECOMMENDATION: For the information of Council. BACKGROUND: Niagara�alls C A N A D A At its meeting on December 1, 2008 Council passed a resolution directing staff to investigate opportunities to sell surplus water resulting from City maintenance and flushing of fire hydrants. The water distribution system that serves the City of Niagara Falls consumers is approximately 441 km in length and supplies water to approximately 2,715 fire hydrants. Flushing the system on an annual basis is a requirement of the Ministry of the Environment and the Ontario Fire Code and is recommended by industry leaders as a best management practice. Attached is a copy of the Standard Operating Procedure that was developed in conjunction with the City of Niagara Falls Operational Plan. In 2009 the Hydrant Flushing Program covered 100% of all City -owned hydrants. The average length of time required to flush each hydrant was approximately fifteen (15) minutes. Each event uses an average 1.2 m per minute and at the wholesale rate of $0.63631m works out to $11.45 per hydrant. Not all of the hydrants are located in areas that have combined sewers and therefore only a portion of the flushed water actually finds its way to the sewage treatment plant. In fact only 347 hydrants are situated within combined sewer areas. The City's costs for treating this water $0.68921m works out to $12.40 /hydrant. anada L2E 6X5 .;905 356 -7521. www:niagarafalls:ca Working Together to Serve Our Community Community Services Department Municipal Works May 4, 2009 In summary, the total cost of the water wasted through the hydrant flushing program in 2008 was; Total Cost of Surplus Water $35,389.55 In order to reduce this cost it was suggested at the December 1, 2008 meeting of Council to seek the interest of water haulers or irrigation firms. The surplus water is discoloured and although it is safe to drink it is not practical for it to be collected and stored for future use. Based on staff's informal inquiries with local firms there does not appear to be any interest in this surplus water. Municipal Works staff has however developed a schedule that will allow the surplus water to be used by street sweeping, sewer flushing and sod restoration crews. By designating the location of the hydrants to be flushed as the filling station for these other activities we can reduce travel times and the amount of surplus water from the flushing operation. Staff believes that this solution will be more cost effective and easier to coordinate. Attached is a copy of the notification to residents which will be informing them of the commencement of this program starting the week of April 13, 2009 through mid -May. Recommended by: Approved by: S: \REPORTS\2009 \MW- 2009 -31 Hydrant Flushing Program 2009 2 MW- 2009 -31 Surplus Water Used in Flushing $11.45 /hydrant x 2,715 $31,086.75 Cost of Treating Surplus Water $12.40 /hydrant x 347 4,302.80 ‘I t Geoff Holma Dire r of Municipal Works Ed Dujlovic, Exe utive Director of Community Services May 4, 2009 3 Nis aura ells ANkD NOTICE TO RESIDENTS OF NIAGARA FALLS WATERMAIN /HYDRANT FLUSHING PROGRAM and 2009 ANNUAL WATER REPORT To ensure water quality and flow rates, the City of Niagara Falls will be conducting a watermain/hydrant flushing program throughout the city. This is done as part of a scheduled preventative maintenance program to help maintain good water quality and to improve water flow in your neighbourhood. Temporary signs will be placed on your street prior to and during our flushing program. The flushing program will begin in the Chippawa area starting the week of April 13 The program will progressively move north to McLeod Road by mid May. If you are located in this area, you may notice a decrease in your water pressure, and may experience discoloured water. If discolouration occurs, running a cold water tap for a short period of time should alleviate the problem. If you have any questions, concerns or continuing problems, please contact the Municipal Service Centre at 905- 356 -1355. The City's Annual Water Report can be viewed online at www.niagarafalls.ca or in person at the Municipal Service Centre at 3200 Stanley Ave. MW- 2009 -31 May 4, 2009 MW- 2009 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara falls CANADA Re: MW- 2009 -33 Drummond Road at CN Rail Crossing Installation of Warning Gates Cost- Sharing Payment RECOMMENDATION: 1. That the Mayor and City Clerk be authorized to execute an agreement with Canadian National Railway Company in the amount of $40,346.25 (including GST) for the City of Niagara Falls share of the installation of warning gates at Drummond Road and CN Rail crossing (Mile 29.71 Stamford Subdivision). BACKGROUND: In 2007, it was determined by Transport Canada, Canadian National Railway Company "CN and the City of Niagara Falls that the addition of grade crossing predictors (GCP 4000) and gates to the existing road crossing warning system would enhance safety at this crossing on Drummond Road (between Morrison and Cherrywood Road). As the party proposing to undertake the work, CN has made formal application to Transport Canada for a grant of 80% in respect of the cost of this railway work as defined in the Railway Safety Act under Section 12(1)(a). The estimated cost to alter the road crossing warning system at the above location is $307,400 (copy attached). The standard funded crossing warning system modification agreement stipulates that 62.5% of the total cost of the modification shall be paid by the Road Authority (City of Niagara Falls)after the Transport Canada funding has been applied and that 37.5% of the total cost of the modification shall be paid by the Railway. Subsequent to CN receiving the grant from Transport Canada, staff is seeking authorization to enter into an agreement with CN to formalize records and document each party's responsibilities including payment of $40,346.25 as noted above. In addition to the above works, the City will be realigning the west sidewalk along Drummond Road at the CN .crossing to accommodate the new automatic gates and install curbs to delineate the t Vere d `road surface. Also, due to additional safety i 5 356'752 Working Together to Serve Our Community Community Services Department Municipal Works May 4, 2009 2 MW- 2009 -35 limited visibility of approaching trains, the northerly driveway into the lands currently owned by Delta Bingo Inc. will be closed. The total cost of the project including the sidewalks and contribution to the warning gates is not expected to exceed $50,000. FUNDING: The cost of the road crossing warning system and the additional remedial work will be funded from the 2009 Asphalt Patching account #11 -3- 311000 040000. Recommended by: Respectfully submitted: Geoff Holm alh,.Direc� r of Municipal Works Ed Dujlovic, Ex:'irve Director of Community Services S: \REPORTS\2009 \MW- 2009 -33 Drummond Rd at CN Rail Cost Sharing Payment.wpd Cf'j ESTIMATE DEVIS ESTIMATIF ESTIMATE DEVIS ESTIMATIF NO; SM -29.71 DATE: December 23, 2008 'MILEAGE POINT /POINT MILLIAIRE 29.71 SUBDIVISION: Stamford LOCATION: PROVINCE: Ontario DESCRIPTION: Add GCP4000 Redundant and gates Estimate from Safetran EST.NO: Devis estimatif Safetran JOB.NO: MATERIAL/MATERIEL: Safetran Material Materiel Safetran US$ Signal Material Materiel de signalisation Conduit, Divers) Track Material Materiel de vole $75,500.00 $90,600 $3,000 $0 TOTAL MATERIEL: $93,600 Material Overhead Frais Generaux•de Materiel 54% $93,600 $50,544 LABOUR EQUIPMENT /MAIN D'OEUVRE EQUIPEMENT: Labour Main d'oeuvre $30,000 Fiber Optic protection Protection fibre Optique $0 Testing all modification Verification des dispositifs de signalisation $3,000 Track Labour Main d'oeuvre voie $2,000 Engineering Design Plan de I'ingenierie $350 Unproductive factor Facteur Improductif 15% $35,350 $5,303 Labour Overhead Frais generaux de main d'oeuvre 79% $40,653 $32,115 Living Allowance Depenses d'allocations $12,500 Equipment CN CN equipement $10,000 Rental Equipment Location d'equipement $15,000 Incluant Directional Bore/ Incluant torpillage guide pour fils Hydro charge Frais d'electricite $1,000 Other charge Autre frais US$ 20,000 $24,000 (Transport, preparation, plans, Safetran surcharges pour materiel) (Transportation, preparation, plans, Safetran raw material surcharge) Contingencies /Imprevus 10% $279,412 $27,941 TOTAL $307,400 5 T.P.S. SERA APPLIQUE SUR LE COOT DES ITEMS ASSUJETTIS A LA TAXE FEDERALE CE DEVIS ESTIMATIF EST ETABLI EN FONCTION DE TRAVAUX EXECUTES EN PERIODE DE DEGEL. CE DEVIS ESTIMATIF EST SUJET A REVISION APRES 23 decembre 2009 G.S.T. WILL HAVE 5% G.S.T. APPLIED TO THEIR COSTS. ESTIMATE IS BASED ON WORK DURING FROST -FREE GROUND CONDITIONS. ESTIMATE IS SUBJECT TO REVISION AFTER December 23, 2009 Estimated by /Devis estimatif par: Danielle Ferland Pour: TIM ORR Manager S &C DANIEL FISET Manager S &C Eastem Division Engineering /Division de I'ingenierie de I'Est Montreal, Quebec May 4, 2009 PD- 2009 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraf1alls CANADA Re: PD- 2009 -23 CB &FIG 2009 -002, Commercial Building Facade Improvement Application Applicant: 2088937 Ontario Inc. (John Fiedorek) 4190 Bridge Street 1. That Council approve the Commercial Building and Facade Improvement Grant Application in the amount of $25,000, subject to meeting the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign the grant agreement. The City has received an application from John Fiedorek to undertake improvements to the former Ryall Walker Law Office located at 4190 Bridge Street. The building is currently being leased to a dermatologist on the first floor and a hair salon business on the second floor. The third floor contains a residential apartment. A map showing the location of the property is shown in Appendix 1. This building is one of four buildings within the Downtown Area that is designated as a Heritage Property. As such, any proposed structural improvements require the prior approval of the City's Municipal Heritage Committee. The proposed facade improvements involve the restoration and replacement of damaged stones on the face of the building. This work is a fine art and there are only a couple of individuals who do this type of work within the Region. Mr Fiedorek has submitted an estimate from a certified contractor of almost $40,000 to carry out this work. The applicant also intends to reshingle the roof. The roof replacement estimate is $37,500. In accordance with the eligibility requirements for the facade and building improvement works, the applicant would be eligible for a grant of $25,000. Working Together to Serve Our Community Community Services Department Planning Development May 4, 2009 The subject building is an important heritage building. Any improvements should be carried out with extreme care. The eligibility of grant money through the Downtown CIP Program is a significant benefit to the owner and will help protect the building for many years to come. At a recent meeting of the Municipal Heritage Committee held on April 22, 2009, the Committee recognized the need to carry out the stone and roof work. They supported the proposed improvements. CONCLUSION: The proposed improvements to the subject building are necessary structural improvements to the heritage structure and will assure the protection of the building for many years. The City's Municipal Heritage Committee has reviewed the proposed work and support the improvements. It is recommended that Council approve the grant application subject to the entering into an agreement with the City. Recommended by: Approved by: B.Bolibruck Attach. S: \PDR\2009 \PD- 2009 -23, CB &FIG -02 -2009 Fiedorek.wpd 2 PD- 2009 -23 /14,0J,),, Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services May 4, 2009 PD- 2009 -35 Members: N iagara a11s C ANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD- 2009 -35 New Environmental Policies for the City's Official Plan RECOMMENDATION: That the Council receive this report for information. BACKGROUND: Over the past few years, the Province has issued several pieces of legislation that strengthen the protection of the environment. Updates have been made to the Planning Act and the Conservation Authorities Act; and new policies have been introduced through the Greenbelt and Growth Plans and the Clean Water Act. The Province is proceeding further with proposed legislation under the Clean Energy Act. (See Appendix 1, attached.) The environmental policies in the City's Official Plan have been in place, with some amendments, since approval of the Plan in 1993. In response to the Provincial initiatives and the recent approval of new environmental policies under the Regional Niagara Policy Plan it is recommended that the City initiate the process of improving on our existing environment policies and introducing new policies with the aim of providing a healthy future for our environment and citizens. Policy Approach The Provincial Policy Statement (PPS) supports a Systems Approach for natural heritage consisting of features and areas `linked by natural corridors which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems'. Natural heritage features include wetlands, woodlands, areas of natural or scientific interest, fish and species habitat, surface water such as streams and rivers, ground water, valleylands, floodplains and unstable slopes. Municipalities can choose to implement the Systems Approach based strictly on the PPS or to provide additional protection of natural areas through their policies. In its recent environmental policies amendment the Region of Niagara has gone beyond the minimum requirements of the PPS with the identification of possible natural heritage corridors. This approach is in line with the rngorityof other Regional Plans in Ontario. The City is required to comply with the Re. a1 Plan and will take the same approach. arara ueen Street; P' 5 356 7521 wwwniagarafaiis:ca Working Together to Serve Our Community Community Services Department Planning Development May 4, 2009 Environmental Designations Natural Heritage Feature Protection Implementation 2 PD- 2009 -35 Under the PPS and the Regional Policy Plan there are certain natural heritage features that should not be disturbed and other features which could allow a certain amount of development based on the conclusions of the appropriate environmental studies. The City's Official Plan currently contains one designation Environmental Protection Area. Natural heritage features such as flood plains, fish habitat and some wetlands are shown on Schedule A to the Plan. Not all features have been designated, such as woodlands or locally significant wetlands and therefore protection of these features is limited to the text of the Plan and is general in nature. Based on the direction of the PPS, staff is considering the use of two designations: Environmental Protection Area within which site alteration or development is prohibited; Environmental Conservation Area within which site alteration or development may be permitted where supported through an environmental impact study. The Environmental Conservation Area designation may be applied as an overlay that will recognize current land use designations and would allow development without an amendment to the Official Plan provided that an environmental study is done to confirm that there is no negative impact by the development on the natural heritage feature or its function. The draft policies should propose a hierarchy of studies to address natural heritage features which look from the broader area down to the site specific level. With these studies development on both a site specific and a cumulative scale can be integrated in a compatible way with our natural heritage. Watershed Plans are encouraged under the Growth Plan as an appropriate scale at which to establish land use, servicing and drainage management. They can be required prior to Secondary plans, neighbourhood plans or significant developments requiring an Official Plan Amendment. Watershed Plans have already been completed for the southern half of the City (South Niagara Falls Watershed Plan) and for the Warren Creek Watershed. A watershed plan study is currently underway for Beaverdams and Shriner's Creeks. Environmental Impact Studies would be required for applications within or adjacent to natural heritage features and will be in compliance with watershed or subwatershed plan recommendations. Scoped Environmental Impact Studies, Tree Savings Plans, etc. would be required on a property specific basis where previous environmental studies have been approved or where development is minor in nature. The City's environmental policies will utilize the data and guidelines produced by the Niagara Peninsula Conservation Authority through such studies as watershed plans and natural area inventories. They will also need to be in compliance with Provincial and Regional Policy. i s The policies will encourage the improvement of our natural heritage system and be implemented through the City's Zoning By -law, secondary plans and specific planning applications such as plans of subdivision or site plan control. A call for an expression of interest was placed in the Niagara Review for members of the public who may be interested in being notified throughout the process of creating new policies. They will be directly notified of future information sessions and public meetings. The process to be followed in developing new environmental policies is outlined below: May 4, 2009 background research, reference to other levels of policies (completed); invite public to be involved in the process (completed); preparation of initial draft policies in consultation with City Staff, Regional Planning and the Niagara Peninsula Conservation Authority staff (currently under way); Open House for public input on policy approach and draft policies (additional open houses may be held if needed); preparation of revised draft policies; formal circulation of draft policies for comment to agencies and interested parties; Statutory Public Meeting of Council and adoption of policies; and forward policies to the Region of Niagara for approval. Recommended by: Approved by: F. Berardi:bp Attach. S: \PDR\2009 \PD- 2009 -35 New Environment Policies for City's OP.wpd 3 PD- 2009 -35 ector of Planning Development Ed Dujlovic, E '-cutive Director of Community Services Planning Act requires planning decisions to be `consistent with' Provincial Policy Statement and Provincial Policy Statement (2005) natural areas /features to be protected for the long term diversity and connectivity of features and functions to be maintained Places to Grow Act, 2005 local policies must 'conform with' the Provincial Plans Growth Plan, 2006 in conjunction with Conservation Authorities, municipalities are encouraged to use watersheds plans to guide development decisions and water /wastewater servicing decisions Conservation Authorities Act more power granted to the NPCA to regulate waterways, valleylands and wetlands (Reg.155/06) new regulations under 97/04 NPCA prepares watershed plans and subwatershed plans; undergoing natural area inventories and regulates development within /adjacent to water features Clean Water Act, 2006 to reduce risks to the quality and quantity of our drinking water Source Protection Plan for Niagara, based on the watershed, headed by the NPCA can put limits on land uses within water source areas Green Energy Act (proposed) alternative energy generation for a clean and healthy environment Regional Policy Plan Amendment #187 (approved 2008) takes an 'enhanced approached' to the protection of natural heritage systems identifies and protects significant woodlands through policies and through the Regional Tree and Woodland Protection By -law Memorandum of Understanding review of Planning applications adjacent to natural heritage features to be reviewed by NPCA staff May 4, 2009 Environmental Legislation 4 APPENDIX 1 PD- 2009 -35 May 4, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls Re: PD- 2009 -36 26CD -11- 2008 -09, Dunn Gates Draft Plan of Condominium (Standard) 6037 Dunn Street, Northeast Corner of Dunn Street Ralph Avenue Owner: 1650720 Ontario Inc. o/a Dolphin Group (Kamal Kataria) RECOMMENDATION: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: Proposal Working Together to Serve Our Community PD- 2009 -36 The applicant proposes to register a condominium plan for the 2- storey apartment building containing 12 units that is currently under construction. The property is located on the north side of Dunn Street and east side of Ralph Avenue, as shown on Schedule 1. The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e.g. driveway, visitor parking, landscaped areas) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. Community Services Department Planning Development May 4, 2009 2 PD- 2009 -36 Planning Process This development has proceeded through previous planning approvals and consultation with the public. The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4) through Zoning By -law No. 79 -200. The City's Committee of Adjustment granted variances (File A- 06/2006) in March 2006 for reductions to the required front yard depth, rear yard depth and minimum lot area as well as an increase in building height. The Site Plan Agreement (File SPC- 29/2006) was registered on title in May 2008. A Building Permit was issued by the City for the development on November 26, 2008. The project has been designed for compatibility with surrounding land uses, contributes to the mix of available housing types in the area and has the potential to provide affordable housing. Conditions of Approval The majority of development issues have been addressed through the earlier site plan approval. The site plan agreement specifies the servicing, grading /drainage and landscaping for the project and the City holds securities to ensure the various site works are completed. A road widening on Dunn Street and a daylighting triangle at the intersection were dedicated to the City as part of the site plan process. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished. The property is within two old plans of subdivision (1835 1905 prior to typical parkland requirements) and cash -in -lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. A condition is requested for the planting of additional boulevard trees within the City road allowances abutting the development. The designation of a fire access route through the site is also a condition of approval. The Region advises that private garbage pick -up must be provided for the condominium as the site layout does not appear to satisfy Regional waste collection criteria. A clause is requested to be included in the Condominium Agreement and in all Agreements of Purchase and Sale or Lease to advise future residents in this regard. CONCLUSION: This development has received appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the apartment units. The conditions of approval are listed in the Appendix. Recommended by: Approved by: R.Wilson:mb Attach. S: \PDR12009 \PD- 2009 -36, 26CD -11- 2008 -09, 6037 Dunn Street Draft Plan of Condominium.wpd Alex Herlovitch of Planning Development Ed Dujlovic, Executive Director of Community Services May 4, 2009 3 PD- 2009 -36 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated December 16, 2008, showing an apartment building containing 12 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 5. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 6. The developer either pay the City $750.00 for the planting of 3 boulevard trees along Dunn Street and Ralph Avenue abutting the subject land, or plant the appropriate trees to the City's satisfaction. 7 The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 8. The Condominium Agreement between the developer and the City of Niagara Falls and all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 9. The developer provide five copies of the pre- registration plan for the condominium to Planning Development. 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: Regional Municipality of Niagara for Condition 8 Proposed Plan of Condominium (Standard) 6037 Dunn Street (Dunn Gates) 26CD- 11- 2008 -09 Location Map "61111111M 111111111iin 1.4 •1111121 1� D Subject Land SCHEDULE 1 April 2009 SCHEDULE 2 WWI h ?kk a2 8i Si !mod IlLif 0 511110 111111 ii8iiilriiilinr7 Mitiii Illiiill En= IN 1. z 0 6t ON `•,plVld 0383151038 a PIC 3(1N3AV OSS 889 NVld '1 18Vd ,7V1[ N301S321, us C10 HdlV2f May 4, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2009 -05 Rideau Street at Eldorado Avenue Rideau Street at Belaire Avenue Intersection Control Review RECOMMENDATIONS: 1. That a stop sign be Rideau Street; and, 2. That a stop sign be Rideau Street. BACKGROUND: Niag araFalls CANADA TS- 2009 -05 installed facing southbound motorists on Eldorado Avenue at installed facing southbound motorists on Belaire Avenue at Staff has been requested to review the feasibility of installing a stop control on Eldorado Avenue at Rideau Street as well as Belaire Avenue at Rideau Street. Both intersections are uncontrolled. Rideau Street is a collector roadway that extends three blocks westerly from Pitton Road to Kalar Road. Beyond Kalar Road, the street continues as Forestview Boulevard to Garner Road. Rideau Street is 8 metres wide and consists of a curb and gutter, a grass boulevard and concrete sidewalk on both sides. The intersections of Rideau Street at Eldorado Avenue and Rideau Street at Belaire Avenue are both tee intersections and are uncontrolled. Technical studies have been carried out at these intersections to determine whether stop signs are needed in place of the existing right -of -way rule. Study results indicate that a stop control is warranted at both intersections. The visibility triangle requirement for an intersection controlled by the basic right -of -way is not met thus warranting additional controls. This is common in developed residential areas with dwellings and fencing normally constructed within the visibility clear zone. This triangle is intended to provide motorists with sufficient visibility to view approaching vehicles and therefore be able to react appropriately. A stop sign is recommended facing south ou motorists on Eldorado Avenue at Rideau Street and Belaire Avenue at Ride anada L2E 6X5 '905 =356 -7521 :www niagarafalls:ca. Working Together to Serve Our Community Community Services Department Transportation Services May 4, 2009 Recommended by: Approved by: B. Skiba -2- Karl Dren, Director of Transportation Services TS- 2009 -05 Ed Dujlovic, Executive Director of Community Services S:1General Administration \GA 1.01 Reports\2009 Council \05 May 4 \TS- 2009 -05 Rideau Street Intersection Control Review.wpd Working Together to Serve Our Community W esti a ne Secondary School 1 Proposed Stop Signs Rideau Street at Eldorado Avenue Rideau Street at Belaire Avenue Niagara, 3 Its Intersection Control Review �i1 .5 NORTH NOT TO WAIF May 4, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2009 -18 Nuisance By -law Our File No.: 2005 -311 Niag araa11s L- 2009 -18 RECOMMENDATION: 1) That Council resolve that the following actions or occurrences shall constitute a public nuisance: Urinating in a public place. ii. Defecating in a public place. iii. Vomiting in a public place. iv. Spitting in a public place. v. Knocking over a Canada Post mailbox, newspaper box, bench, fence, blue box or garbage container, or other subject or object located in a public place. vi. Loitering in a public place. vii. Participating in a fight in a public place. viii. Marking or applying graffiti on any public place, including signs, or private property. ix. Leaving, throwing or depositing any bottles, glasses or other materials on public or private property. a'L2E 6X5 _905 356 7521 _`:www niagarafalls.ca. Working Together to Serve Our Community Corporate Services Department Legal Services May 4, 2009 2 L- 2009 -18 x. Causing, permitting or allowing large doors or garage type doors, fitted on any premise serving alcohol, to remain open after 11 p.m. 2) That Council enact the by -law attached as Schedule "A" to this Report. BACKGROUND: Council enacted by -law 2008 -126 on July 21, 2008, in order to assist the Niagara Regional Police Service with their work. Some of the other local municipalities in Niagara have done the same. The police service reports that nuisance by -laws of this type are a valuable tool. They have been using them as a preventative measure. The Service reports that their members are often able to defuse situations that might escalate into a crime by issuing a ticket under the by -law. Discussions with the police service indicate that it would be of assistance to the police if the by -laws in the various municipalities had the same section numbers for the same offences. The attached by -law would achieve that goal. Recommended by: Approved by: K. Beaman V. ■-tiitis Kenneth L. Beaman, City Solicitor K. E. Burden, Executive Director of Corporate Services A by -law to address public nuisances. SCHEDULE "A CITY OF NIAGARA FALLS By -law No. 2009 WHEREAS the Municipal Act 2001, S.O. 2001, c.25 as amended, now provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by -law; and further that section 128 of the said Municipal Act provides that a local municipality may prohibit and regulate with respect to public nuisance, including matters that in the opinion of Council, are or could become, or cause public nuisances; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that certain actions outlined in this by -law do constitute a public nuisance; AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by -law of the municipality is guilty of an offence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions: 1.1 "City" mean The Corporation of the City of Niagara Falls. 1.2 "Defecate" means to discharge waste matter from the bowels. 1.3 "Fight" means any confrontation involving violent physical contact between two or more people. 1.4 "Loiter" shall mean lingering on the way, to travel indolently with frequent pauses without any apparent destination. 1.5 "Public place" includes a highway, sidewalk, pedestrian walkway or trail, property and any place to which the public have access as of right or by invitation, expressed or implied and private property that is exposed to public view but does not include a washroom facility. 1.6 "Spit" means to eject phlegm, saliva, chewing tobacco juice, or any other substance from the mouth. 1.7 "Urinate" means to discharge urine from the body. 1.8 "Vomit" means to eject matter from stomach through the mouth. 2. Prohibitions: -2- 2.1 No person shall urinate, defecate, vomit or spit in a public place. 2.2. No person shall knock over or attempt to knock over a Canada Post mailbox, newspaper box, bench, fence, blue box, or garbage container or any other structure or object located in a public place. This section shall not apply to City employees or persons under contract with the City, acting under the jurisdiction of the City. 2.3 No person shall loiter in a public place. 2.4 No person shall participate in a fight in any public place. 2.5 No person shall mark or apply graffiti on any public place, including signs, or private property. 2.6 No person shall leave, throw or deposit any bottles, glasses or other materials on public or private property. 2.7 No owner, occupant or tenant of any premises serving alcohol, fitted with large doors or garage type doors, shall cause, permit or allow the said doors to remain open after 11 p.m. 2.8 No person shall refuse to identify themselves when requested to do so by a police officer or a municipal law enforcement officer. 3. General: 3.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 3.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 3.3 The provisions of this by -law may be enforced by a municipal law enforcement officer, police officer, or other individual duly appointed for the purpose of enforcing this by -law. 3.4 Every person who contravenes any provision of this by -law is guilty of an offence and on conviction is liable to a fine of up to $1 0,000.00. -3- 3.5 This by -law shall come into force and effect on the day it is passed. 4. By -law 2008 -126 is hereby repealed. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 4, 2009. May 4, 2009. May 4, 2009. I 11 CITY OF CANADA NIAGARA FA___ The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Federal and Provincial Ministers responsible for Infrastructure recently announced the second intake of the Building Canada Fund (BCF) and the Infrastructure Stimulus Fund (ISF); and WHEREAS the purpose of the funds are to stimulate the economy; and WHEREAS municipalities under 100,000 population are able to forward four (4) projects, three(3) to the ISF and one (1) to the BCF, for funding consideration; and WHEREAS the deadline for submissions is May 1, 2009; and WHEREAS at a special meeting on April 27, 2009, Niagara Falls City Council approved four (4) projects to be submitted for consideration for infrastructure funding based on the criteria for the funding programs; and WHEREAS Council resolutions are required as part of the program submissions. THEREFORE BE IT RESOLVED that the Boys Girls Club project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Federal and Provincial Ministers responsible for Infrastructure recently announced the second intake of the Building Canada Fund (BCF) and the Infrastructure Stimulus Fund (ISF); and WHEREAS the purpose of the funds are to stimulate the economy; and WHEREAS municipalities under 100,000 population are able to forward four (4) projects, three(3) to the ISF and one (1) to the BCF, for funding consideration; and WHEREAS the deadline for submissions is May 1, 2009; and WHEREAS at a special meeting on April 27, 2009, Niagara Falls City Council approved four (4) projects to be submitted for consideration for infrastructure funding based on the criteria for the funding programs; and WHEREAS Council resolutions are required as part of the program submissions. THEREFORE BE IT RESOLVED that the Desson AveBuchanan Ave /Slater Ave Storm Separation project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR 1"g LLI {IT•YOF� CANADA NI F Ai The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Federal and Provincial Ministers responsible for Infrastructure recently announced the second intake of the Building Canada Fund (BCF) and the Infrastructure Stimulus Fund (ISF); and WHEREAS the purpose of the funds are to stimulate the economy; and WHEREAS municipalities under 100,000 population are able to forward four (4) projects, three(3) to the ISF and one (1) to the BCF, for funding consideration; and WHEREAS the deadline for submissions is May 1, 2009; and WHEREAS at a special meeting on April 27, 2009, Niagara Falls City Council approved four (4) projects to be submitted for consideration for infrastructure funding based on the criteria for the funding programs; and WHEREAS Council resolutions are required as part of the program submissions. THEREFORE BE IT RESOLVED that the Drummond Road reconstruction project be submitted for consideration under the Infrastructure Stimulus Fund (ISF). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR cinrop GAN ADAI NIAGARA `A The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Federal and Provincial Ministers responsible for Infrastructure recently announced the second intake of the Building Canada Fund (BCF) and the Infrastructure Stimulus Fund (ISF); and WHEREAS the purpose of the funds are to stimulate the economy; and WHEREAS municipalities under 100,000 population are able to forward four (4) projects, three(3) to the ISF and one (1) to the BCF, for funding consideration; and WHEREAS the deadline for submissions is May 1, 2009; and WHEREAS at a special meeting on April 27, 2009, Niagara Falls City Council approved four (4) projects to be submitted for consideration for infrastructure funding based on the criteria for the funding programs; and WHEREAS Council resolutions are required as part of the program submissions. THEREFORE BE IT RESOLVED that the Downtown Streetscaping project be submitted for consideration under the second intake of the Building Canada Fund (BCF). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR 1 f CITY'OF.1 i CANADA NhGARFALL The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the City of Niagara Falls has many small "mom and pop" motel operations; and WHEREAS these motels are subject to the vagaries of the economy; and WHEREAS downturns in the economy, and more specifically, tourism have a detrimental effect on these motels; and WHEREAS many of these motels are forced to close during the off season or winter months; and WHEREAS neither the Municipal Act nor Assessment Act have mechanisms for relief for seasonal businesses; and WHEREAS s. 364(1) of the Municipal Act provides the authority for a tax rebate program for owners of vacant property in the commercial and institutional classes; and WHEREAS O. Reg. 325/01, Tax Matters Eligible Property under Section 364 of the Act does not allow seasonal commercial businesses of availing themselves under the vacant rebate program. THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs and Housing be requested to have Ministry staff to work with the industry to devise a Vacancy Rebate Program tailored to the Accommodations sector; and FURTHER BE IT RESOLVED that this resolution be circulated to other Ontario municipalities. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2009 A by -law with respect to the installation and maintenance of either a fire safety box or a fire safety box and a lock box or existing lock box. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the authority to enact by -laws for the safety of persons and the protection of persons and property; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by -law; AND WHEREAS clause 7.1(1)(a) of the Fire Protection and Prevention Act, 1997 permits the council of a municipality to pass by -laws regulating fire prevention, including the prevention of the spreading of fires; AND WHEREAS the Fire Code established under Part IV of the Fire Protection and Prevention Act, 1997 sets out requirements for the preparation, approval and implementation of fire safety plans; AND WHEREAS under the Fire Code, fire safety plans are to be kept in a location approved by the Chief Fire Official; AND WHEREAS subsection 7.1(4) of the Fire Protection and Prevention Act, 1997 provides that a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by -laws enacted in accordance with this section 7.1 are being complied with; AND WHEREAS subsection 6(3) of the Fire Protection and Prevention Act, 1997 provides that a Fire Chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services; AND WHEREAS Part XIV of the Municipal Act, 2001, S.O. 2001, c. 25 (Enforcement) applies with necessary modifications to by -laws passed by the council of a municipality under any other general or special Act except as otherwise provided in that Act; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that the health and safety of persons and property within Niagara Falls would be enhanced by the mandatory installation of fire safety boxes; AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by -law of the municipality is guilty of an offence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: INTERPRETATION 1. Definitions: -2- 1 1 Unless the context otherwise requires, the following terms have the meanings indicated: (a) "building audit familiarization programme" means a survey prescribed by the Fire Chief for the purpose of collecting information on the fire emergency systems located on the premises, including but not limited to information on sprinklers, standpipes, fire pumps, emergency generators, smoke control measures, access to roof measures, fire alarms, elevators, heating sources, hydro panels, gas shut -off valves, water shut- off valves and the number of stairways on the premises, and information on the presence of hazardous materials on the premises; (b) "Chief Fire Official" has the same meaning as in the Fire Code; (c) "existing lock box" means a cabinet or box used for the storage of keys to service rooms that was in place prior to the effective date of this by -law; (d) "Fire Chief' means the Fire Chief appointed by the Council of the City under the Fire Protection and Prevent Act, 1997 for the Fire Department of the City and includes, in the absence of the Fire Chief, a Deputy Fire Chief; (e) "Fire Department" means the Fire Department of the City and includes its officers and members; (f) "Fire Protection Services" has the same meaning as in the Fire Protection and Prevention Act, 1997; (g) (i) "fire safety box" means a metal cabinet or box that is locked with a padlock for the storage of the items identified in section 6 of this by -law; (h) "fire safety plan" means a fire safety plan as described in the Fire Code; "lock box" means a metal cabinet or box that is locked with a padlock for the storage of keys to service rooms; (j) "owner" means a person who is shown in the assessment rolls for the City as the assessed owner or tenant of the premises to which this by -law applies and includes the registered owner or mortgagee in possession of such premises. Where the premises is a condominium building, the condominium corporation having control of the common elements of the building shall be considered the owner; (k) "padlock" means a padlock that is non reinforced and is capable of being cut by a bolt cutter; and (1) 3. Fire Safety Box and Lock Box: 5. Location (c) -3- "service room" means a room in a building used to contain equipment associated with building services. 1.2 In this by -law, a reference to an Act, regulation or by -law is to that Act, regulation or by -law as it is amended or re- enacted from time to time. ADMINISTRATION OF BY -LAW 2. Administration: 2.1 The Fire Chief shall be responsible for the administration of this by -law. 2.2 The Fire Chief, the Chief Fire Official and any person employed by the City as a fire prevention officer in the Fire Department are appointed as officers for the purpose of entering upon the premises to which this by -law applies at any reasonable time to inspect the premises to determine whether this by -law is being complied with. 2.3 Any person who has been appointed by the City for the purpose of determining whether any other by -law of the City or other law regulating fire prevention or fire safety has been complied with and whose appointment has not been suspended or revoked is also appointed as an officer for the purpose of exercising the power given under subsection 2.2. THE REGULATIONS 3.1 Every person who is required under the Fire Code to prepare and implement a fire safety plan approved by the Chief Fire Official shall install and maintain on his or her premises, either a fire safety box or a fire safety box and a lock box or existing lock box. 4. One Fire Safety Box and One Lock Box: 4.1 No more than one fire safety box and one lock box or existing lock box shall be installed and maintained in each premise to which this by -law applies. 5.1 Every fire safety box required under this by -law shall be: (a) Surface mounted within three metres of the main entrance of the premises at a height between 1.5 metres to 1.8 metres above the floor; (b) Securely mounted to an interior wall of the premises; and Of sufficient size to hold all the contents prescribed for a fire safety box by this by- law, including an unfolded fire safety plan. -4- 5.2 Every lock box required under this by -law shall be: (a) Surface mounted within three metres of the main entrance of the premises at a height between 1.5 metres to 1.8 metres above the floor; (b) Securely mounted to an interior wall of the premises; and (c) Of sufficient size to hold the keys to service rooms required by section 7. 5.3 Despite subsections 5.1(a) and 5.2(a), the fire safety box and /or the lock box may be located in a place on the premises other than within three metres of the main entrance of the premises, but only with the prior written approval of the Chief Fire Official. 5.4 An existing lock box is not required to meet the requirements of subsections 5.2(a) and (b). 6. Contents: 6.1 Every fire safety box required under this by -law shall at all times contain: (a) A true copy of the approved fire safety plan for the premises; (b) A completed, up -to -date building audit familiarization programme for the premises if prepared by the Fire Department and, if prepared, where approved by the Chief Fire Official; (c) An unlocked replacement padlock capable of locking the fire safety box and lock box where applicable; and (d) Where the premises has service rooms, the keys required by section 7, unless there is a lock box or an existing lock box for the premises. 6.2 Every lock box or existing lock box required under this by -law shall at all times contain the keys required by section 7. 7. Service Rooms: 7.1 Every person who is the owner of premises that have service rooms shall supply to the Fire Department, a full working set of keys to open the service rooms and, for this purpose, shall place these keys in the fire safety box or the lock box or existing lock box required under this by -law, as the case may be. 7.2 The keys referred to in subsection 7.1 must at all times be equipped with metal or plastic tags that contain completed, up -to -date information clearly identifying the service rooms that the keys open. -5- 7.3 No person, other than an officer or member of the Fire Department acting in the course of his or her duties, or the owner of the premises or his or her authorized agent, for the purposes of updating identification information or replacing defective keys, shall remove the keys from the fire safety box, lock box or existing lock box, as the case may be, or remove or change the identification tags for the keys. 7.4 When updating identification information or replacing defective keys, the owner of the premises or his or her authorized agent shall act promptly so as to ensure that at all times the Fire Department has immediately available to it, a full working set of keys with complete, up -to -date identification information. 8. Locked Box: 8.1 The fire safety box, lock box and existing lock box shall be locked at all times: (a) Except where the Fire Department requires access; and /or (b) Except for the purposes of having their contents updated. ENFORCEMENT 9. Fire Department Access: 9.1 The Fire Department shall, at all times, be permitted to have access, and shall have access, to a fire safety box, lock box or existing lock box required under this by -law, including the contents prescribed in this by -law and for these purposes may use any means available to obtain access to or open the fire safety box, lock box or existing lock box. 10. Interference with Installation: 10.1 No owner of any premises to which this by -law applies shall refuse to allow, or shall prevent or interfere with, the installation and maintenance of a fire safety box, lock box or existing lock box required by this by -law. 11. Interference with Enforcement: 11.1 No person shall hinder, obstruct or interfere with a person duly appointed to enforce this by- law in the exercise of his or her powers and duties. THE OFFENCE AND PENALTY 12. Offence and Penalty: 12.1 Any person who contravenes any provision of this by -law is guilty of an offence and upon conviction is liable to a fine of up to Five Thousand Dollars ($5,000.00). GENERAL 13. General: -6- 13.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 13.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 13.3 This by -law may be cited as "The Fire Safety Boxes By -law 13.4 This by -law shall come into force and effect on the day it is passed. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 4, 2009. May 4 2009. May 4, 2009. CITY OF NIAGARA FALLS By -law No. 2009 A by -law to authorize a Code of Conduct for Building Officials in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.. That the Code of Conduct for Building Officials in the City of Niagara Falls, as set out in Schedule "A" attached hereto, is hereby adopted. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 4, 2009 May 4, 2009 May 4, 2009 Date Effective July 1, 2005 Building and By -law Services POLICY STATEMENT: WHEREAS the Building Act, 1992, as amended by The Building Code Statute Law Amendment Act, 2002 to include a provision requiring that Municipalities establish and enforce a Code of Conduct for Chief Building Officials and Inspectors not later than July 1, 2005 and bring it to the attention of the public; NOW THEREFORE the Council of the City of Niagara Falls enacts this policy and its standards of conduct and professionalism as its Code of Conduct for Building Officials. The Code of Conduct applies to the Chief Building Official and Inspectors appointed under the Building Code Act in the exercise of a power or the performance of a duty under the Building Code Act or the Ontario Building Code. The purpose of this Code of Conduct is to promote the appropriate standards of behavior and enforcement actions to ensure Building Officials apply standards of honesty and integrity, and to prevent practices constituting an abuse of power including unethical and illegal practices. STANDARDS OF CONDUCT FOR BUILDING OFFICIALS Building Officials undertake at all times to: POLICY G -26 Code of Conduct For Building Officials 1. Act in the public interest, particularly with regard to the safety of buildings and designated structures; 2. Maintain their knowledge and understanding of the best current practice, the building laws and regulations relevant to their building certifying functions; 3. Commit themselves to a process of continuous education so as to constantly be aware of developments in building design, practice and law relevant to their duties; 4. Comply with the provisions of the Building Code Act, the Building Code and any other Act or applicable law that regulates or governs Building Officials and their functions; 5. Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal interests; 6. Not act beyond their level of competence or outside their area of expertise; 2 Date Effective July 1, 2005 Building and By -law Services POLICY G -26 Code of Conduct For Building Officials 7. Apply all relevant building laws, regulations and standards strictly and without favour and independent of the influence of interested parties or members of Municipal Council; 8. Perform their inspections and certifying duties impartially and in accordance with the highest professional standards; 9. Not divulge any confidential or sensitive information or material, that they became privy to in the performance of their duties, except in accordance with laws governing freedom of information and protection of privacy. 10. Extend professional courtesy to all; 11. Not act officiously or permit personal feelings, prejudices, animosities or friendships to influence decisions; 12. Recognize the appointment under the Building Code Act as a symbol of public faith; 13. Maintain current accreditation to perform the functions assigned to them; 14. Take all responsible steps to ascertain and document all available facts relevant to the performance of their duties and, 15. Exemplify compliance with all regulations and standards that govern building construction, health and safety or other matters related to their status as a Building Official. GUIDELINE FOR RESPONDING TO MISCONDUCT ALLEGATIONS The Building Code Act provides that the performance of Building Officials will be measured against the Code of Conduct. In response to any allegation of a breach of this code by an Inspector, the Chief Building Official shall direct an investigation and where appropriate, recommend disciplinary action against any Inspector who fails to comply with this Code of Conduct to the Chief Administrative Officer. Where the allegation is against the Chief Building Official, the Chief Administrative Officer shall direct the investigation and take such disciplinary action as reasonable in the circumstances and report such action to the Council. 3 Date Effective July 1, 2005 Building and By -law Services POLICY G -26 Code of Conduct For Building Officials -3 In determining the appropriate discipline, the Chief Building Official or ChiefAdministrative Officer will have regard to the relevance of the conduct to the Building Official's powers and responsibilities as well as the severity of any misconduct. PUBLIC NOTIFICATION PRACTICE This Code of Conduct will be posted on the City's web site and inserted in the Building Services Department "Building Permits A Guide for Homeowners" handout to ensure that the Code of Conduct has been brought to the attention of the public. A by -law to address public nuisances. CITY OF NIAGARA FALLS By -law No. 2009 WHEREAS the Municipal Act 2001, S.O. 2001, c.25 as amended, now provides that a municipality has the capacity, rights and powers and privileges of a natural person for the purpose of exercising its authority and that it may do so by by -law; and further that section 128 of the said Municipal Act provides that a local municipality may prohibit and regulate with respect to public nuisance, including matters that in the opinion of Council, are or could become, or cause public nuisances; AND WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls that certain actions outlined in this by -law do constitute a public nuisance; AND WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes any by -law of the municipality is guilty of an offence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions: 1.1 "City" mean The Corporation of the City of Niagara Falls. 1.2 "Defecate" means to discharge waste matter from the bowels. 1.3 "Fight" means any confrontation involving violent physical contact between two or more people. 1.4 "Loiter" shall mean lingering on the way, to travel indolently with frequent pauses without any apparent destination. 1.5 "Public place" includes a highway, sidewalk, pedestrian walkway or trail, property and any place to which the public have access as of right or by invitation, expressed or implied and private property that is exposed to public view but does not include a washroom facility. 1.6 "Spit" means to eject phlegm, saliva, chewing tobacco juice, or any other substance from the mouth. 1.7 "Urinate" means to discharge urine from the body. 1.8 "Vomit" means to eject matter from stomach through the mouth. 2. Prohibitions: -2- 2.1 No person shall urinate, defecate, vomit or spit in a public place. 2.2. No person shall knock over or attempt to knock over a Canada Post mailbox, newspaper box, bench, fence, blue box, or garbage container or any other structure or object located in a public place. This section shall not apply to City employees or persons under contract with the City, acting under the jurisdiction of the City. 2.3 No person shall loiter in a public place. 2.4 No person shall participate in a fight in any public place. 2.5 No person shall mark or apply graffiti on any public place, including signs, or private property. 2.6 No person shall leave, throw or deposit any bottles, glasses or other materials on public or private property. 2.7 No owner, occupant or tenant of any premises serving alcohol, fitted with large doors or garage type doors, shall cause, petuiit or allow the said doors to remain open after 11 p.m. 2.8 No person shall refuse to identify themselves when requested to do so by a police officer or a municipal law enforcement officer. 3. General: 3.1 Each provision of this by -law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by -law remain valid and enforceable. 3.2 Nothing in this by -law relieves a person from complying with any provision of any federal or provincial law or regulation, other by -law, or any requirement of any lawful permit, order or license. 3.3 The provisions of this by -law may be enforced by a municipal law enforcement officer, police officer, or other individual duly appointed for the purpose of enforcing this by -law. 3.4 Every person who contravenes any provision of this by -law is guilty of an offence and on conviction is liable to a fine of up to $10,000.00. -3- 3.5 This by -law shall come into force and effect on the day it is passed. 4. By -law 2008 -126 is hereby repealed. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 4, 2009. May 4, 2009. May 4, 2009. THE CORPORATION OF THE CITY OF NIAGARA FALLS First Reading: May 4, 2009 Second Reading: May 4, 2009 Third Reading: May 4, 2009 BY -LAW Number 2009 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: By -law No. 89 -2000, as amended, is hereby further amended by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Rideau Street and Belaire Avenue Southbound on Belaire Avenue Rideau Street and Eldorado Avenue Southbound on Eldorado Avenue This By -law shall come into force when the appropriate signs are installed. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2009 A by -law to amend By -law No. 79 -200 and repeal By -law No. 2008 -54, to permit an expansion of a hotel and to permit a portion of the required parking to be provided off -site. WHEREAS the City's Official Plan contains policies to ensure the creation of a high quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described on Schedules 1 and 2 of this by -law and shall be referred to in this by -law as the "Lands Schedules 1, 2 and 3 are a part of this by -law: 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by this By -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By- law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the peunitted uses and regulations governing the permitted uses on and of the Lands. The permitted uses of the Lands shall be: (a) The uses permitted in a TC zone and a pinball or game machine establishment on the portion of the Lands labeled TC -860. (b) The uses permitted in a TC zone on the portion of the Lands labeled TC -861. (c) A satellite parking area and an accessory administration/security /employee building on the portion of the Lands labeled P -862. 5. The regulations governing the permitted TC -860 uses on the portion of the Lands labeled TC -860 shall be: (a) Deemed lot the whole of the Lands labeled TC -860 shall be considered one lot (b) Minimum lot area (c) Location of various components of the building or structure, their maximum height and maximum number of storeys and minimum yards (d) Maximum height of a building or structure and maximum number of storeys (e) Location of parking -2- the whole of the Lands labeled TC -860 shall be the minimum lot area, save and except for any part of the Lands that may be required to be dedicated for the purpose of road widening refer to Schedule 3 and clause (d) of this section 53 metres and 18 storeys, whichever is lesser, as measured from Geodetic Survey of Canada elevation 203.21 metres, subject to section 4.7 of By -law No. 79 -200 (i) a maximum of 123 required parking spaces that cannot be provided on the Lands labeled TC -860 shall be provided within a parking area on the Lands labeled TC -861 (ii) a maximum of 249 required parking spaces that cannot be provided on the Lands labeled TC -860 shall be provided within a parking area on the Lands labeled P -862 (g) Decorative wall or fence -3- (f) Minimum number of loading 2, in accordance with the dimensions spaces contained in section 4.20.1 of By -law No.79- 200 (h) The balance of regulations specified for a TC use. 6. The regulations governing the development of a parking area on the portion of the Lands labeled TC -861 shall be: (a) Decorative wall or fence a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street, save and except for driveways and pedestrian entrances. The decorative wall or fence shall be a minimum of 0.9 metres in height and a maximum of 1.2 metres in height (b) The balance of regulations specified for a TC use. 7. The regulations governing the permitted P -862 uses on the portion of the Lands labeled P- 862 shall be: (a) Minimum lot area the whole of the Lands labeled P -862, save and except for any part of the land that may be required to be dedicated for the purpose of road widening (b) Minimum yard widths (i) between points B and D 35 metres (ii) between points J and K 10 metres (iii) between points K and L 0 metres a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street and a parking area, save and except for driveways and pedestrian entrances. The decorative wall or fence shall be a minimum of 0.9 metres in height and a maximum of 1.2 metres in height (iv) between points L and M Maximum floor area and M -4- Maximum height of building or structure Minimum width of landscape strips along and adjacent to the property lines, save and except for any driveway entrances (i) between points A and B and B and C (ii) between C and D (iii) between points D and E (iv) between points E and F (v) between points F and G and H and I (vi) between points I and J and J and K (vii) between points K and L and L (f) Maximum number of parking spaces (g) Minimum height of masonry wall around the perimeter of the property, save and except for driveway entrances 11 metres, save and except for one 90.4 square metre security kiosk/structure which may be as close as 0.88 metres to the property line lying between points A and B and as close as 0 metres to the property line lying between points L and M 2,800 square metres 10 metres none required 12 metres 6.5 metres 7 metres none required 7.5 metres none required 680, of which 220 may be employee parking spaces 4.5 metres, save and except for between and along points K and L and L and M, where no masonry wall shall be required, and save and except for between and along points A and B, where the masonry wall shall be a maximum height of 1.0 metre within 6.4 metres from the Dunn Street road allowance and the masonry -5- wall shall be a maximum height of 2.0 metres between 6.4 metres and 16.8 metres from the Dunn Street road allowance (h) The balance of regulations specified for a P use. 8. The owner of the Lands labeled TC -860 is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 9 of this by -law and such agreements are to be registered on title. 9. The height of the building or structure permitted by section 5 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of the Lands labeled TC -860 providing the following facilities, services or matters to the City, namely: (a) streetscape improvements to the street frontage along Fallsview Boulevard, Dixon Street, Main Street and Stanley Avenue adjoining the Lands labeled TC -860, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan; and (b) the building design approved by Council on April 6, 2009. 10. For the purpose of this by -law: "administration /security /employee building" means a building wherein administrative, security and employee services are provided for the uses permitted under section 4 of this by- law and shall be limited to an office, health centre and day nursery; "commercial parking lot" means an area used for the temporary parking or storing of vehicles for profit or gain; "masonry wall" means an acoustical barrier which has a surface density of not less than 20 kilograms /square metre; and "satellite parking lot" means an area of land or part thereof which is provided and maintained for the purpose of temporary parking of or storing automobiles that are necessary for the uses permitted under section 4 of this by -law, but does not include a commercial parking lot. 11. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14. The provisions of this By -law shall be shown on Sheets C5 and D5 of Schedule "A" of By- law No. 79 -200 by renumbering the Lands from 820, in part, to 860, in part, from 821, in part, to 861, in part, and 822, in part, to 862, in part. 15. Section 19 of By -law No. 79 -200 is amended by deleting sections 19.1.820, 19.1.821 and 19.1.822. 16. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.860 Refer to By -law No. 2009- 19.1.861 Refer to By -law No. 2009- 19.1.862 Refer to By -law No. 2009- 17. By -law No. 2008 -54 is repealed. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S:\ZON!NG\AMS\2008 \By -I aws \Byam 03 5. wpd May 4, 2009 May 4, 2009 May 4, 2009 -6- Subject Land Description: Applicant: Assessment #s: SCHEDULE 1 TO BY -LAW No. 2009 272503000818000 272507000312500 K: \GIS_ Requests\ 2007\ Schedules \ZoningAM\AM- 36 \mapping.map Amending Zoning By -law No. 79 -200 Parcel 1: Pt Range 13 -15 P1 1; Pt Dixon St, Buchanan St PI 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Av) As Closed By R0430946 R097685, As In R0777941; Niagara Falls Parcel 2: Pt Range 13 P1 1 Stamford Pt 2 3 59R7404; Niagara Falls 1712093 Ontario Limited 2100422 Ontario Limited N S 1:NTS AM- 2008 -035 April 2009 SCHEDULE 2 TO BY -LAW No. 2009 Subject Land Amending Zoning By -law No. 79 -200 Description: Pt Blk 40 P1 1 Pt Twp Lt 160 Stamford, Pts 8 -12 59R13057; S/T Easement Over Pts 9 11 59R13057 As In R0196402; S/T Easement Over Pts 8 -12 59R13057 For The Benefit Of Pts 1 -7 59R13057 As In SN118444; T/W Easement Over Pt 3 59R13057 As In SN118443; T/W Easement Over Pts 1 -7 59R13057 As In SN118443; Niagara Falls Applicant: 1712093 Ontario Limited 2100422 Ontario Limited Assessment #s: 272508000211100 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 36 \mapping.map 1 :NTS AM- 2008 -035 April 2009 Description: Applicant: AM- 2008 -035 SCHEDULE 3 TO BY -LAW No. 2009 13.4 m 8.9 m .■II■ ■■I •uu•iii 'Mil 11111■•■■■ 3A 3 :■1 11 11 h'1 w� .///'l1'1,■■■■11■■■■■ll arni ■■■■■■■■■■11■■■■■n iimmi a■■■11■■■■■■■■■■ 29 m ma Il■■■■■■■■■ om ■■■11■■■ilr ■11■■ ■■■■■II, limminmunst ■u■■■■ ■ll iii •1♦ ••Uu■ ammumillt 'i immoxim X11■■ ■11 ■11 'lm■■■■■■■ 'ammo Immiso N •1111 ••••••11 ■■111 1111■ •■•11 MENEM •1111 •1111 VIIIIIIM 8.6 m Pt Range 13 -15 P11; Pt Dixon St, Buchanan St PI 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Av) As Closed By R0430946 R097685, As In R0777941; Niagara Falls 1712093 Ontario Limited 2100422 Ontario Limited Assessment #s: 272508000211100 Amending Zoning By -law No. 79 -200 Building Heights Tower and Building Components Above Geodetic Survey of Canada Elevation 203.21m Tower 18 10 Podium 5 Rest of Site 4 Maximum No. of Storeys Maximum Height 53m 37m 15.2m 12m April 2009 K: \GIS_Requests \2007 \Schedules \Zon ingAM\AM- 36 \mapping.map CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4th day of May, 2009. 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 4th day of May, 2009 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourth day of May, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 4, 2009 May 4, 2009 May 4, 2009