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2009/11/30
COUNCIL MEETING Monday, November 30, 2009 Order of Business and Agenda Package Background Material: PRAYER: Councillor Kerrio Recommendation Report: PD- 2009 -95 COUNCIL MEETING November 30, 2009 ADOPTION OF MINUTES: Council Minutes of November 16 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/PRESENTATIONS Ontario Medical Association Dr. Myron Haluk of the Ontario Medical Association would like to address Council on the Greater Niagara General Hospital Emergency Department. PLANNING MATTERS Public Meeting AM- 2009 -018, Zoning By -law Amendment Application 7104 -7118 Lundy's Lane Applicant: Falls Manor Limited Recognize Existing Cabins that are Associated with Motel & Permit Lesser Frontage for Residential - 2 - MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2009 -96 - Designation of the Earl A. Thomas House, 6320 Pine Grove Avenue. DOWNTOWN MATTERS 1. Presentation by Downtown B.I.A. 2. Chief Administrative Officer PD- 2009 -86 - Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue -AND- Memo from City Clerk 3. Chief Administrative Officer MAYOR'S REPORTS. ANNOUNCEMENTS MW- 2009 -84 - Downtown (Queen Street) Infrastructure Revitalization Project Phased Implementation Plan COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. David Whysall International Fireworks - Fireworks display for the Olympic Winter Games Torch Relay even being held on December 20, 2009 RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -3 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2009 -83 - Tender #2009 - 219 -09, McLeod Road Watermain Replacement Dell to OPG Canal PRC- 2009 -34 - Tender TR14 -2009, For the Supply and Installation of Baseball Field Lighting at the Patrick Cummings Memorial Sports Complex TS- 2009 -54 - Downtown BIA, Request for 2 -hour On- Street Parking in December BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -182 A by -law to establish Part 31 on Reference Plan 59R -13977 as a public highway, to be known as and to form part of Rexinger Road. 2009 -183 A by -law to authorize the execution of a Development Agreement with Oakwood Place Shopping Centres Inc. respecting a shopping centre development, subject to all conditions of the Agreement being met to the satisfaction of the Director of Municipal Works. 2009 -184 A by -law to amend By -law No. 79 -200, to permit the land to be used for a group home. (AM- 2009 -016) - 4 - 2009 -185 A by -law to amend By -law No. 79 -200, to permit the option of developing the two parcels as one lot. (AM- 2009 -017) 2009 -186 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2009 -187 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited) 2009 -188 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Heavy Vehicle Restriction) and to repeal By -law No. 2009 -138. 2009 -189 A by -law to authorize the execution of the 2009 - 2010 Collective Agreement with the Niagara Falls Professional Fire Fighters Association. 2009 -190 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2009 -191 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30' day of November, 2009. NEW BUSINESS 11/24/2009 Dean lo ida - RE Power Point & Deputation Re .nest From: To: Date: Subject: Dear Mr. lorfida: Sincerely, Myron Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) "Dr. Myron Haluk" <drmhaluk @sympatico.ca> "'Dean lorfida'" <diorfida @niagarafalls.ca> 11/18/2009 9:23 AM RE: Power Point & Deputation Request Thank you for the information and presentation. With respect to contingency presentation time, please be advised that the Section can only present on November 30th. Suggest that oral presentation may take approximately 60 minutes. We would request that Council consider granting us this time. -----Original Message--- - From: Dean lorfida [ mailto :diorfida @niagarafalls.ca] Sent: Tuesday, November 17, 2009 5:19 PM To: drmhaluk @sympatico.ca Subject: Power Point & Deputation Request Dr. Haluk: Your letter to Niagara Falls City Council was forwarded to me. Attached please find the power point presentation done by the Niagara Health System at Council's October 19th meeting. I will be meeting with Senior Staff tomorrow to go over the proposed agenda for the 30th and will get back to you. As a contingency, if the schedule does not permit, would you be available December 14th, our following meeting? Also, how long would you foresee your oral submissions taking? Traditionally, deputations are limited to 10 minutes, unless waived by a motion of Council. Any additional information would be appreciated. I will have a better gauge on the November 30th meeting after tomorrow. Sincerely, Dean 1 (11/24/2009) Dean lortida - FW: Greater Niagara General Emergency Department Pagel] From: "Pollard, Lynne" <Lynne.Pollard©niagarahealth.on.ca> To: 'Dean lorfida' <diorfida @niagarafalls.ca> Date: 11/23/2009 11:07 AM Subject: FW: Greater Niagara General Emergency Department From: Sevenpifer,Debbie To: 'Ted Said' ; 'Bart Mayes' ; 'Carolynn loannoni' ; 'Jim Diodati' ; 'Janice Wing' ; 'Shirley Fisher' ; 'Vince Kerrio' ; 'Victor Pietrangelo' ; 'Wayne Thomson' Sent: Fri Nov 20 17:23:13 2009 Subject: Greater Niagara General Emergency Department Good afternoon, Thank you again for the opportunity to speak to Council last month. Our attendance at the October 19th NF Council meeting signaled to us the opening of a dialogue and an enhanced collaboration with the NF Council towards a common goal - improving access to and the quality of healthcare services at the GNG site of the NHS. During that meeting, you asked us how you could help us. We are writing in response to your offer. We have obtained, through the City Clerk's office, a copy of correspondence from the OMA Section on Emergency Medicine, requesting an opportunity for OMA section representatives to appear before the NF Council to discuss its views on the GNG ED, and a 14 -page commentary on the GNG ED. Understandably, we are disappointed to learn that the NF Council has chosen to continue the review and debate of decisions that have already been made and approved by the NHS Board of Trustees and supported by senior medical leaders, the Local Health Integration Network and the Ministry of Health and Long -Term Care regarding the GNG ED and are in the process of being implemented. We are concerned that these actions will have an impact on the NHS' ability to recruit and staff the Emergency Department at the GNG site It is regrettable that the focus of discussion for the OMA Section on Emergency Medicine continues to be on the past and physicians who have chosen for their own reasons to leave the NHS as we implement changes to improve quality of patient care including more physician coverage and other initiatives in the GHG Emergency Department to better serve patients. Because the OMA Section on Emergency Medicine has not contacted the NHS directly for dialogue or clarification on the issues, we have contacted them to request an opportunity to meet to ensure that they have the accurate facts. At the October 19th Council meeting and through detailed correspondence provided to the Council in advance, the NHS provided information and answered the substantive questions about the rationale for making the changes the NHS is implementing at the GNG site. The commentary of the OMA provided to Council cites other issues that it suggests are contributing to physician dissatisfaction, such as issues surrounding the admission of patients to the ED These issues are not unique to the NHS: rather they are being experienced by hospitals throughout the Province and the country. The NHS is tracking how these issues are being handled by other hospitals and is implementing a number of initiatives that we believe will collectively improve wait times and patient flow. Change is never easy: there will always be those who favor change and those who want to maintain the status quo. The changes being implemented at the GNG ED are to improve quality care and patient and employee satisfaction. The changes being implemented are considered best practice and endorsed by the MOHLTC, the LHIN and the NHS Board, Administration and senior medical leadership. There is a dedicated group of physicians and allied health professionals providing care in the GNG ED and the physicians currently staffing the department have been impressed with the facilities, the enthusiasm and level of professionalism of the team. As a community, we need to focus on those healthcare professionals, nurses and physicians, who are continuing to work at the GNG site and who are committed to improving the patient experience. Together we need to focus on communicating to health care providers that the GNG site of the NHS is an aftractive Dean lorfida - FW: Greater Nia destination, to enable us to continue to increase the hours of coverage and improve the patient experience. We need to work collaboratively and positively to enhance fundraising in the NF community towards much needed medical equipment and infrastructure upgrades. We hope that NF Council will work with us towards a common goal of improving care and access for patients at our GNG site and to this end, would welcome a meeting with your staff to begin to discuss ways we can work more effectively together to improve the patient experience and the overall healthcare provided in Niagara Falls. Debbie Sevenpifer President and CEO Niagara Health System 3C, 155 Ontario Street L2R 5K3 Tel. 905 - 378 -4647, x 43112 Fax 905 - 323 -3800 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. OMA ONTARIO MEDICAL. ASSOCIATION OMA Section on Emergency Medicine and the Emergency Physicians of Ontario Review of the Greater Niagara General Hospital Emergency Department November 15 2009 The OMA Section on Emergency Medicine and the Emergency Physicians of Ontario (hereafter collectively "the Section ") represent nearly two thousand active members. The Section has reviewed the developments that have taken place in the Greater Niagara General Hospital Emergency Department (the "GNGH ED "), a part of the Niagara Health System ( "NHS "). The Section has reviewed documents and material that have been presented on the matter from the current and previous GNGH ED physicians as well as the NHS administration. The Section has reviewed the presentations made to the City of Niagara Falls, at City Council meetings on _ September 28 by GNGH ED physician Dr Dobrovolskis and on October 19th by the Local LHIN and the NHS administration, co- presented with Dr Dubinsky of the Hay Group. The Section has respectfully asked for permission to address City Council on the key issues that have been raised, for the reasons outlined below. A more full background to the key topics reviewed may be obtained by reference to the quoted documents, as well as Council minutes' and in camera presentations. GNGH ED Physician Staffing Levels The Hay Group Health Care Consulting Report (the "Hay report") on the GNG Site was submitted to the NHS on May 12, 2009. The Hay report noted that "while there is no consensus as to the `ideal' workload in the American literature, in a hospital with a fast - track, and limited requirements for bedside teaching, estimates are, on average, a physician should see 4.3 patients per hour" (p 7). Furthermore, the Hay report states that, according to the American Academy of Emergency Medicine and the American College of Emergency Physicians, "the number of hours (sic) cited as `ideal' range from 1.8 to 5 patients per physician hour" (p 7). The Hay report notes that "the total number of patients seen in the GNGH ED was approximately 45 100 "(p 8), from April 2007 to March of 2008. 1 In his critique of the Hay report (the "Critique "), Dr Kevin Speight, GNGH ED physician, points out that "the report says we see 45 100 patients per year. There are 8760 hours per year. Thus we see (45 100 divided by 8760) 5.1 patients per hour. This is essentially within the supposed American guidelines above" (p 2 of Critique). Furthermore, the Hay report notes and the GNGH physicians confirm that with physician shift overlap, the department has an average of 26 hours per day of ED physician coverage. This would bring the average number of patients per hour of physician coverage to 45 100 visits divided by 9490 hrs. In other words, based on average annual volumes only and total physician hours of coverage, the GNGH ED physicians managed an average of 4.75 patients per physician hour. Note that the Predictors of Workload in Emergency Room (POWER) Study was referenced by the Hay group. The first stage of the study was not yet published when the Hay group prepared their report for the NHS. The POWER study (stage one now published) was a large, multicentre, Ontario study that observed Emergency Physicians for 592 shifts involving 11 716 patients in 11 hospital -based EDs on a moment by moment basis. The Hay group used the POWER Study, stage one, as well as a referral to "Murray " and "St. Paulsi in order to arrive at a recommended physician staffing level of 41.7 to 48.8 hours per day for the GNGH. These recommended hours of daily staffing correlate to a range of 2.5 to 3.0 patients per physician hour. Note that the POWER study had a Second Stage ( "POWER 2 ") that is yet unpublished but was presented to the Ontario Emergency Department Working Group' in December of 2007. The POWER 2 study included a comparison of emergency physician workload productivity between Emergency Physicians practising in community Fee for Service ( "FFS ") departments, community Emergency Department Alternate Funding Agreement ( "ED AFA ") departments, and Paediatric Alternate Funding Program ( "AFP ") departments. POWER 2 was larger than the first stage of the POWER study, and involved 10 hospital based EDs in a prospective, observational, moment by moment study. 229 physicians were observed over 767 shifts and data were collected for 17,196 patient encounters. 2 The POWER 2 study found that Emergency Physicians in Fee for Service community Emergency Departments saw an average of 4.4 patients per physician hour. The ED AFA group saw 2.9 patients per hour. The Paediatric AFP group saw 2.2 patients per hour. Thus, Emergency Physician productivity at the GNGH Emergency Department prior to September 15 2009 was essentially consistent with productivity levels directly observed and measured in a recent, large multicentre prospective Ontario study involving peer group Fee for Service Emergency Departments. The POWER 2 study also measured the total time per CTAS category in the 3 FFS Emergency Departments observed. POWER 2 found FFS treatment times were faster in CTAS categories 2 -5, resulting in higher throughput than Emergency Physicians working in AFA /AFP hospitals. Specifically, data from POWER 2 for FFS Emergency Departments showed: POWER 2 CTAS Time for FFS Departments vs GNGH annual CTAS volume: As indicated above, the GNGH ED Physicians staffed approximately 9490 hrs per year. The difference from the total based on the 3 hospital average in the POWER 2 study may be partly due to variability in CTAS scoring. It is also possible if not likely that the six full time, very experienced Emergency Physicians who have practised in the GNGH ED alone for a combined total of over 50 years are more productive than the group average in the FFS departments studied. 3 CTAS POWER 2 FFS Time av GNGH cases Per year Total mins per CTAS /yr Total Hrs per CTAS /yr CTAS 1 54.7 mins 315 17230.5 287 CTAS 2 21 7 mins 5637 122322.9 2039 CTAS 3 14.8 mins 20,640 305472 5091 CTAS 4 10.1 mins 14,304 144470.4 2408 CTAS 5 7 8 mins 4198 32744.4 546 T(1TAi U..., 1arr. The POWER 2 study found that Emergency Physicians in Fee for Service community Emergency Departments saw an average of 4.4 patients per physician hour. The ED AFA group saw 2.9 patients per hour. The Paediatric AFP group saw 2.2 patients per hour. Thus, Emergency Physician productivity at the GNGH Emergency Department prior to September 15 2009 was essentially consistent with productivity levels directly observed and measured in a recent, large multicentre prospective Ontario study involving peer group Fee for Service Emergency Departments. The POWER 2 study also measured the total time per CTAS category in the 3 FFS Emergency Departments observed. POWER 2 found FFS treatment times were faster in CTAS categories 2 -5, resulting in higher throughput than Emergency Physicians working in AFA /AFP hospitals. Specifically, data from POWER 2 for FFS Emergency Departments showed: POWER 2 CTAS Time for FFS Departments vs GNGH annual CTAS volume: As indicated above, the GNGH ED Physicians staffed approximately 9490 hrs per year. The difference from the total based on the 3 hospital average in the POWER 2 study may be partly due to variability in CTAS scoring. It is also possible if not likely that the six full time, very experienced Emergency Physicians who have practised in the GNGH ED alone for a combined total of over 50 years are more productive than the group average in the FFS departments studied. 3 These results contrast sharply to the conclusions and references provided by the Hay group (p 8). The Hay report stated that, with respect to physician productivity, "it would be impossible for the physician to deliver appropriate care given the time constraints" (p 8). This broad conclusion was completely unsubstantiated by the Hay report and is contradicted by the results of POWER 2. GNGH ED Physician Shift Lengths There is no standard of care or best practice for the total length of an emergency physician's shift length. Dr Speight's critique addressed the issue of physician shift Iengths Note that the GNGH ED Physicians had a 10 day, autogenerating shift scheduling system. Physicians worked 12 hour shifts on average. They scheduled 2 consecutive 10 hour day shifts, then 2 consecutive 14 hour `overnight' shifts, followed by 6 days off. Note that the regularity of the shifts with an extended recovery period may have contributed to the sustainability of their scheduling. Other emergency departments in this province, especially where there is a reliance on part time ED physician coverage, must schedule on a less regular basis. Most GNGH ED Physicians were full time on the roster and highly experienced and familiar with the functioning of their department. There are other Emergency Departments in the province that schedule physicians for up to 24 hours at a time. Surgeons are frequently required to operate and take call for 24 hrs at a time or longer. Most RNs in this province work 12 hour shifts. GNGH ED Physician Burn Out Although the Hay report suggests that there is a problem or risk of "burn out" in the group of GNGH ED physicians, it does not appear that the investigators who did the research for the Hay report even asked about the issue. The GNGH ED physicians who were interviewed by the Hay group were subsequently asked if they felt burnout due to workload at the GNGH ED. Their answers were negative and suggested that any sense of "burn out" was due to administrative problems and lack of resources. 4 GNGH ED Physicians and. Emergency Department Wait Times The NHS and the GNGH ED Physicians report that the GNGH Emergency Department had the shortest average Emergency Department Wait Times in the NHS region The Hay group and the NHS downplayed this fact in their presentation to City Council on October 19 Dr Dubinsky of the Hay group noted that the GNGH ED had longer wait times than provincial benchmarks and presented line graphs comparing the GNGH ED alone to these provincial benchmarks, not the aggregrate wait times for the NHS Emergency Departments. Dr Dubinsky and the NHS did not adequately point out the fact that Emergency Physician `staffing' (and more correctly, Emergency Physician productivity) is only one variable in determining Emergency Department Wait Times. The major cause of Emergency Department overcrowding in Ontario has been studied and is very clear. A major Ontario study released in 2006 conclusively determined that "The majority of emergency department waiting for urgent and emergent patients is a result of waiting for an available inpatient bed" and "emergency department overcrowding is not a problem that has its primary causes concentrated within the emergency department itself; rather it is part of a system -wide problem with access to care that requires system -wide solutions" t4. Overcrowding is defined as "a situation in which the demand for emergency services exceeds the ability of an (emergency) department to provide quality care within acceptable time frames " The Canadian Association of Emergency Physicians confirms that "The primary cause of ED overcrowding is hospital overcrowding" and that "the current approach to dealing with hospital overcrowding involves an excessive and unsafe use of EDs to inappropriately `warehouse' admitted patients, both stable and unstable, for long periods of times The GNGH ED Physicians and NHS administration confirm that the GNGH ED routinely has 15 to 20 patients admitted to their 42 bed emergency department. This represents a most significant obstacle for accessing emergency services, regardless of the dedication of ED physicians, nurses, and NHS administrative staff. Nursing and administrative staff shortages may at times reduce the effective utilization of the departments 42 beds as well. Furthermore, it is recommended that all hospitals ensure rapid overcapacity protocols are developed and that ED length of stay benchmarks "should be documented on a daily basis by hospitals for all patients, and reviewed monthly. Hospital and Regional administrators should be held 5 accountable if the throughput standards are not met "" The Hay report did not clearly review the issue of overcrowding as a result of inpatients in the Emergency Department -- it only focused on ED physician staffing levels without regard to physician productivity. Nationally, key indicators of overcrowding in emergency departments were reviewed by an expert panel. The study found that with respect to overcrowding in Canadian emergency departments "The most important indicator identified by the experts was the percentage of the ED occupied by inpatientss The study found that, "other indicators in the top categories, such as the total ED patients, the total time in the ED, the percentage of time the ED is at or above ca2acity and the overall bed occupancy, likely represent similar concepts" Emergency Physician satisfaction, defined as the physicians perception of the impact of ED overcrowding on care provided was ranked as the 8 most important indicator of emergency department overcrowding. GNGH ED Physician Staffing Levels and Wait Times /Overcrowding The studies reviewed above, both provincial and national, clearly indicate that physician staffing levels are NOT the major cause of overcrowding. Locally, the GNGH site has had the lowest institutional wait times in the Niagara Region (5 emergency departments at the time of the Hay report). Provincial ED Length of stay is generally defined as: • The time of patient first encounter (the earlier of triage nurse assessment or patient registration) UNTIL • The time the patient physically departs the Emergency Department Emergency Physician response and assessment times are the only key variables that are controlled by the emergency physicians. We have already seen that Emergency Physicians working in a FFS model have faster assessment times for CTAS 2 to 5 patients as well as a higher overall rate of productivity. Measuring emergency physician response times would require accurate documentation of: • "Time patient ready to be seen by physician" (not the nursing assessment time) AND • "Time seen by physician" 6 Therefore, Emergency Physician response and assessment times are the only key variable that are physician dependent: however, physician response times are not measured provincially and they were not measured at the GNGH Emergency Department. The Section has recommended to members of the Provincial Wait Times Expert Panel that physician response times be accurately recorded and monitored for all Emergency Departments in the Province, not just overall ED Physician staffing levels. GNGH ED Physician Scheduling There were 6 full time Emergency Physicians (EPs) staffing the GNGH ED when the Hay group made its report. The GNGH ED Physicians have fully staffed the department for 25 yrs, and the Hay report confirms that there were no staffing difficulties. The GNGH ED Physicians ran a fair and equitable 10 day autogenerating schedule and had done so for years. Subsequent to the Hay report being issued, one physician took a leave of absence. That physician was replaced by the recruitment of 2 physicians by the GNGH ED Physicians. The NHS administration announced that it was taking full control of the GNGH ED scheduling in August, effective September 15 2009. The NHS administration's taking of control of a stable, fully staffed Emergency Department can only be described as unprecedented. These actions have seen the subsequent resignation of 3 full time GNGH ED Physicians. A fourth ED physician has taken a leave of absence and a fifth has reduced his total shift allotment. Sustainability of a Fee For Service Emergency Department On October 19 the NHS and a LHIN representative commented that the GNGH ED staffing model was unsustainable. There is no evidence to substantiate this assertion. The Section asked several Ontario Chiefs of Fee for Service Emergency Departments about their ability to recruit Emergency Physicians. Replies included: • "We don't recruit physicians. Physicians come to our depattnuent because we are Fee for Service" 7 • "Never had problems with staffing and continue to be fully staffed with a waiting list even though for the first time in years have had a significant staff changeover. (5 1/4 full time equivalent change)" • "Most but not all our EPs have EMs and have been in our department about 10 -15 years...No one leaves (our department) to work in another (ED), so our EPs tend to leave in pine boxes or on planes" Ontario Emergency Physician Compensation Levels and Payment Models The Section has read with concern the suggestion that the issue of the proper staffing of the GNGH ED is about money. This argument trivializes the debate and is unworthy of serious consideration. The suggestion that the quality of service provided by Emergency Physicians is based on whether they bill on a Fee for Service ( "FFS ") basis or based on an Emergency Department Alternate Funding Agreement ( "ED AFA ") is inaccurate. The Section advocates for fair Emergency Physician compensation regardless of their chosen payment model. However, the Section's purpose in making this submission is motivated by one simple value: fairness. The Section shares the concerns of many community members and leaders that the community has lost the services of several skilled and committed physicians who have have been treated unfairly. Furthermore, for the record: Ontario's Emergency Physicians are amongst the lowest paid in Canada. Ontario Emergency Physicians earn on average, 63% less than Emergency Physicians in the Western Provinces for providing equivalent emergency services 75% of Ontario's Emergency Physicians rejected the 2008 Physician Service Contract between the OMA and the Ministry of Health. The GNGH ED physicians are paid on a Fee for Service basis, with no hourly component of pay. Three quarters of payments to Ontario Physicians are based on fee for service claims by physicians according to a prescribed schedule of physician fees authorized by the Health Insurance Act. Roughly one third of emergency services in Ontario are provided by Emergency Physicians billing on a Fee for Service basis The GNGH ED Physician payment model is a fully acceptable and standard method of physician compensation. The GNGH ED had no financial grievances with the hospital, and they are paid directly by the Ministry of Health for services 8 rendered to their patients. However, despite these facts, the NHS administration has actively promoted a conversion of the GNGH ED physicians and other sites to an ED AFA payment model, as evidenced by NHS Board minutes in February of 2008 (fully one year before the Hay group began their department review) which stated: "Over the last 2 — 3 years the NHS has realigned the Department of Emergency Medicine Physician Leadership platform into a streamlined Northern and Southern Tier structure. At the same time we have been challenged with ongoing issues of sustainable and adequate physician coverage. With leadership and infrastructure alignment, we have been able to take advantage of newly developed provincial initiatives around physician coverage and remuneration. To that end we have moved our 3 Southern Tier sites into an ED AFA arrangement and are now beginning a process to reconfigure our Nothern Tier sites. (emphasis added). While the Southern Tier has moved directly from the current practice and funding arrangement to the ED AFA model (thus joining 75 — 80 % of ED's in the province), the Northern Tier due to its complexity will need to evolve through a transition period before a final model is developed" Current ED Physician Coverage of the GNGH Emergency Department On October 19 Ms. Sevenpifer, CEO of the NHS reported that approximate GNGH ED Physician coverage was being provided as follows: • 1/3 existing GNGH ED Physician staff • 1/3 by cross covering of ED physicians from other NHS emergency sites • 1/3 by Health Force Ontario Of note, she did not mention any coverage by a private, temporary staffing agency that has been on retainer to the NHS for over 1.5 years, at significant total cost to the NHS in the order of several hundred thousand dollars. Certainly, the resignations and decreased commitments of the existing GNGH ED Physicians will Lead to more uncovered shifts. Certainly the cross coverage by other Emergency Physicians in the NHS will lead to 9 gaps in coverage in their `base' hospital sites, leading to more need for temporary staffing region wide. Furthermore, HealthForce Ontario is a publicly funded temporary staffing agency. It's emergency physician staffing program "was established as an interim measure of last resort to support the most dire need hospitals to avert ED closures (emphasis added) during the implementation of other Emergency Department (ED) Action Plan initiatives, as well as locally based physician recruitment" 24. HealthForce Ontario typically provides 1000 hours of temporary provincial ED physician coverage per month. 1/3 of the required hours of coverage for the GNGH ED alone (30 days at 34 hrs per day) amounts to 340 hrs per month of HealthForce Ontario coverage, or about 1/3 of HealthForce Ontario's staffing for the entire province. The GNGH departments reliance on Health Force Ontario places a significant burden on provincial ED physician coverage at great public cost. GNGH ED Complaint Levels The NHS administration referenced an "increasing number of patient complaints about wait times and treatment at the GNGH ER" in a letter to Mayor Salci on September 30 2009 This bald statement lacks proper detail and fails to explain how the data were collected and analyzed. From a scientific perspective, a proper analysis of complaint data would include the following: • The nature and category of the complaint • How the complaint was addressed by the NHS and physician in question • If there was a negative patient outcome • If there was an avoidable negative patient outcome • If the complaint led to any disciplinary or remedial action • If the complaint led to any ancillary investigations • If the complaint led to any changes in department policies or procedures • If the complaint led to a legal matter or College complaint • Publication of the data with appropriate protection of patient confidentiality together with an opportunity for comment and feed -back. 10 Fiduciary Duties in Health Care In its presentation to City Council on October 19` the NHS stated that it has a fiduciary responsibility to provide healthcare services. Furthermore, the NHS stated that there were bylaws in place that require NHS staff and physicians (who are not in fact hospital employees) to review any comments that they intend to make to the public or to elected public officials with the NHS beforehand. Dr Dubinsky of the Hay Group confirmed that it is common for hospitals to have such rules in place. These statements do not justify the approach taken by the NHS on the issues. There must be an open and fair debate on issues affecting the health care services of a community. Physicians have the greatest fiduciary responsibility to their patients. These duties do not permit them to have any other conflicting duties. Therefore, physicians must not be restricted by hospital or medical staff bylaws from speaking out on matters affecting the interests of their patients This is wrong as a matter of policy and law. It is also inconsistent with the appearance of fairness. By discouraging full and fair debate and by acting unilaterally the NHS has not fulfilled its responsibilities to its patients and to the community. The Hay Group and Standards of Care The NHS administration's reasons for hiring the Hay Group to review only the GNGH Emergency Department and especially its Emergency Physician group were never made clear. A number of events gave rise to an appearance of a lack of clarity and transparency. The Hay Group's mandate and terms of reference were not presented. The GNGH ED Physicians were given only a few hours of advance notice before the review began. The Hay group review commenced while the GNGH ED site Chief was on vacation. Dr Kevin Speight prepared a critique of the Hay report but it was never posted on the NHS web site in order for NHS staff, physicians and the public to review an Emergency Physician's concerns about the report. Furthermore, neither the Hay Group nor the NHS is authorized to develop standards of practice for the emergency medicine at the GNGH ED or otherwise. To the extent that the report of the Hay Group is an attempt to opine on standards of practice for emergency medicine, it is wanting. It lacks the degree of objectivity and transparency which is to be expected of an independent expert opinion. Too often, the data base described in the report 11 is without proper references and support. Information is often referred to in the passive voice ( "it is reported that... ") without proper attribution. References to so- called literature are not contained in the document. If the report was intended to gain the confidence of all stakeholders, those responsible for its publication should have reasonably anticipated that it was intended not just for lay people but also for professional health care providers. Therefore, such a report should have contained proper references, should have identified areas of controversy in the literature, should have made reference to all available and relevant research and should have explained why the authors opted for their opinion over other countervailing opinions. It does not do that. Its data base and foundation are therefore inadequate. It fails to argue from a solid foundation of acceptable premises to a logical set of conclusions. In the result, in our view, it should not be accepted as an expert opinion to be relied upon in such an important endeavour. The NHS Administration and its Relation with Health Care Professionals The NHS administration is currently being sanctioned by the Ontario Nursing Association. Also, the NHS administration has suffered a super majority, full vote of non - confidence by its Medical Staff Association Furthermore, NHS Board members has expressed fear of losing their positions should they speak out against NHS Board policies Thus, the NHS does not enjoy the support of its own physicians and nurses. Its actions surrounding the GNGH Emergency Department will in our view lead to further professional and public non - confidence levels in the NHS. Summary and Conclusions No public relations campaign or political spin will lessen the impact of losing several dedicated, experienced full time emergency physicians at the GNGH. The NHS is unrealistic in its publically stated goals of recruiting 14 full time Emergency Physicians to replace the previous 6 full time emergency physicians. It is unrealistic in its promise to provide double physician coverage in the setting of continued provincial Emergency Physician shortages and a current global pandemic. The NHS has reportedly based its `transitional restructuring plan' on an incomplete, inconsistent, and inaccurate external Emergency Department review by the Hay group. 12 The events giving rise to changes in the GNGH Emergency Department give the Section and objective observers great cause for concern. It appears that both the GNGH ED Physicians and members of the community are troubled by a process which was less than fair and transparent. The GNGH ED Physicians were providing full and adequate emergency department coverage, with equal or better productivity to peer Fee for Service Emergency Departments. However, as a result of NHS administrative actions, several dedicated and competent Emergency Physicians were lost by a community which valued and supported them. Unfortunately, the Niagara Falls community is unlikely to see stable Emergency Physician staffing for years to come with a continuous risk of imminent department closure. Myron ' a uk, MD Chair, o behalf of the OMA Section on Emergency Medicine Chair, on behalf of the Emergency Physicians of Ontario See Niagara Falls City Council Minutes at http:// www. niaaarafalls .ca /weblink7 /Browse.aspx 2 Hay Group Health Care Consulting Final Report on the Niagara Health System (NHS) ONG Site Emergency Department dated May 12, 2009. See http: // www .niagarahealth.on.ca /physicians/ 3 The Hay Report on the Greater Niagara General Hospital ED May 2009: A critique by Dr Kevin Speight, GNGH ED Physician, distributed to NHS Administration and ED Physicians by email July 2, 2009 4 Physician workload and the Canadian Emergency Department Triage and Acuity Scale: the Predictors of Workload in the Emergency Room (POWER) Study by Dr Dreyer et al, Canadian Journal of Emergency Medicine 2009;11(4):321 -9. 3 There is no reference given for the Murray study. The Section/EPO has found a reference to Murray, MJ. The Canadian triage and acuity scale: a Canadian perspective on emergency department triage. Emerg Med (Fremantle) 2003;15:6 -10 quoted in the POWER study at footnote 3. There is no Hay group reference for the St Paul's study. The Section/EPO has found: Prospective time study derivation of emergency physician workload predictors by Dr Innes et al, from St Paul's Hospital and the University of British Columbia, Vancouver, BC Can J Emerg Med 2 005;7(5):299 -308. There Section/EPO was not able to find any other published study from St Pauls on physician workload. POWER Stage Two was presented to the Ontario Emergency Department Working Group, a joint Ontario Ministry of Health, Ontario Hospital Association and Ontario Medical Association Committee, by Dr Dreyer Principle investigator in December of 2007. 8 See Alternate Funding Agreement for Emergency Services, Workload Model as well as 24 Hour Model 9 CTAS is the Canadian Triage and Acuity Scale available on the CAEP website at http: / /www.caep.ca/template. asp? id= B795164082374289BBD9C1C2BF4B8D32 . CTAS is used in Emergency Departments by triage nurses to rate a patient's presenting severity of injury based upon established criteria and guidelines from a CTAS category of I (most serious or emergent) to 5 (least serious or non - urgent), 1° Source: Hay Group Report, p 8. See reference 3 above, p 13. 12 Their answers were: • "Clinical work never burnt me out" 13 • "No" • "Burnout, due to battling for resources (almost) every day" • "I never felt burned out due to workload, I felt a great deal of frustration in dealing with administrative messes that were left for us to deal with" • "I never had any burn out as I had plenty of time to go about my other interests in my 6 days off. The only burn out I felt was the feeling that talking to the NHS was an utter waste of time." • "The old work hours (10 and 14) were ideal. It allowed me to provide critical continuing care to patients. Less transfer of care means less chance of mistake. It was an `honest day of work'. No burn out" In answer to the question, "What is your rate of absenteeism in the last 5 years'?": • "I was never absent" • "May have missed one shift in the last 5 years and three in the last 17 years" • "1 day in 26 years" • "1 %2 days in 13 years due to illness" • "I never had an absentee day or night during my entire time at GNG" • x°0•/ 13 The Niagara Health System, at the time of the Hay Group Report had 5 designated emergency departments. 14 Improving Access to Care: Addressing System Issues, Report of the Physician Hospital Care Committee, A Tripartite Committee of the Ontario Hospital Association, the Ontario Medical Association and the Ontario Ministry of Health and Long -Term Care, August, 2006, p one. 15 Ibid, p 1. 16 Canadian Association of Emergency Physicians Position Statement on Emergency Department Overcrowding, February 2007, p 2. 17 Ibid, p 1 ' indicators of overcrowding in Canadian Emergency departments: a Delphi study, Canadian Journal of Emergency Medicine (CJEM) Sept 2007; 9(5) p 339 19 Ibid p 342 20 Ibid p 343 21 See Emergency Medicine Crisis presentation by the OMA Section on Emergency Medicine to the OMA Negotiation Team, November 2007 22 OMA data for FY 2007 to 2008 lists Fee For Service billings for Emergency Departments annually at $74.9 M, Shadow Billing for departments with over 30 000 annual visits at $106.5 M, Shadow Billings for departments under 30 000 annual visits at $38.9 M, Shadow Billings for Rural and Northern Physician Group Agreements at $9.5 M. Data for the AFP contracts of HSC, SEAMO and CHEO is collected and available to OHIP. Total service billings for the province equal $ 229.8M plus Alternate Funding Plan costs. - 23 As quoted at Niagara Falls City Council meeting October 19 2009 by Councilor Carolynn Ioannoni 24 HealthForceOntario, Ontario Physician Locum Programs, Bulletin No. 1, May 6, 2009. 25 See 8 page letter to Mayor Ted Salci, City of Niagara Falls, Sept 30 2009 from Ms. Sevenpifer, NHS CEO and Dr Joanna Hope, NHS Interim Chief of Staff. 26 Medical Staff Associations usually represent the active physicians, dentists and midwives of a hospital. 27 As quoted at Niagara Falls City Council meeting October 19' 2009 by Councilor Carolynn loannoni 14 The Hays Report on the Greater Niagara General Hospital ED May 2009: A Critique By Dr. Kevin Speight, GNGH ED Physician, July 2, 2009 Distribution List: NHS Administration and ED Physicians, by email July 2 2009 I have a number of issues with the Haygroup report which I would like to address to you here. "it is anticipated that both the volume and acuity of visits to the GNG site will increase" Anticipated by whom? We've been told they will increase and decrease, at different times, depending on what agenda is being pushed. Surely with the government's Family Health Teams etc. etc. we will be having fewer visits? "a net clinical commitment of approximately 1750 hours per year, which exceeds the recommendation of any constituency in Canada" First of all, they seem to ignore what they just said, which is that there are 6 docs providing 5.3 FTE's, so that means that each doc, on average, only works 1440 hours per year (8760 hours per year divided by 6 docs), which is well within Haygroup's purported "recommendation ". Booked shifts are often given away to more part -time docs to accommodate vacations etc. Furthermore, they mention the government of B.C. "assumes" that 136o hours is a FTE, and mention no other groups providing recommendations for number of hours worked. I am not aware that the government of B.C. determines what is a safe number of hours for emergency physicians to work. This was likely a statistical assumption for planning purposes, not an evidence -based guideline of how many hours is unsafe for ER docs to work per year. This is a 36 hour work week, which is not extreme. "time for breaks... is necessary to maintain emergency physician wellness..." We all have our coffee, internet, and food breaks. I often get an hour or two of sleep, and catch up on newspaper reading and paperwork. 1 "...surges cannot easily be accommodated in the presence of only one emergency physician..." That's what the backup doctor is for. He is rarely needed. Having an ER doc sit around just in case he's needed doesn't make a lot of economic sense, especially in an era of severe doctor shortage. " ...no model links... workload... with quality or outcome measures..." Then why are you making this recommendation? It would appear not to be evidence- based, but rather following a pre- determined bias. "the American Academy of Emergency Medicine and the American College of Emergency Physicians [cite the ideal number of patients per physician hour as] ... 1.8 -5." Who says they're right? What did they base this on? Could the Canadian system be different? Canada is less litigious; there is less need for "defensive medicine "; we have no EMTALA; we have a completely different payment model and patient mix; there are different standards of care on what proportion of patients get admitted, or get MRI angiography and other gold - plated workups which aren't available in Canada. In short, we have different culture and expectations and may not be comparable. In any case, the report says we see 45100 patients per year. There are 8760 hours per year. Thus we see (45100 divided by 8760) 5.1 patients per hour! Which is essentially within the supposed American guidelines above! The report's extrapolations only obscure this simple fact (and these data are from a "tertiary care inner city hospital ", a theoretical calculation in B.C. perhaps for purposes of an AFA agreement, and an unpublished study with "concerns expressed by editors regarding statistical methodology "!) I see about 5 patients per hour, and I have time for coffee breaks, and I'm not depressed or burnt out. When your "theoretical models" contradict reality, you should change the models rather than asking reality to change. The reality is that double coverage in the mornings and triple (!) coverage in the evenings would be a waste of resources. 2 "there is no consensus as to the `ideal' workload in the American literature.... a physician should [emphasis mine] see 4.3 patients per hour" You contradict yourself. You just said there was no consensus on the ideal workload, then you prescribe to us what the ideal workload is. "...it would be impossible for the physician to deliver appropriate care given the time constraints" One of two things is true. Either we rarely deliver appropriate care, or your "models" are wrong. To assume because some other hospitals or models take, or assume it takes, a certain amount of time to see a patient, that this is the "necessary" time is wrong. The logic here is mere sophistry and frankly borders on libel. Several studies have shown that "there is wide variation in EP throughput." (Can J Emerg Med 200 3;5(3) :202, Nurs Manage 1 995; 26 (4)38, 40 -1). Everyone has acknowledged that our department has ER docs who are more efficient than most, so if would be no wonder if we see more patients than the "average" ER doc (which may include tertiary care hospitals, inner city hospitals, hospitals with very low volumes, and AFA hospitals). The report conflates "average" with "recommended ". There are a number of strategies for managing a busy emergency departments (e.g. Can JEmerg Med 2004;6(4):271 -6). Some of these strategies are by necessity used by our docs. Incidentally, many of them show why directives would not save time or money or speed patient flow, so I will mention a few: Tailor investigation and management to risk... and avoid solving non - emergency problems. The physician's desire to achieve diagnostic certainty should be balanced against the costs and risks of the investigations and interventions necessary to do so, and the consequences of diverting health care resources away from more needy patients... [with regards vague abdominal pain] patient education, discharge and reassessment may be appropriate.... Before embarking on time - consuming and resource - intensive investigations for patients with complex problems, ponder the urgency of making a definitive diagnosis... there are places in the health care system for exhaustive workups, and the ED is rarely one of them... 3 There are no "routine tests "... Avoid "screening" with cardiac markers unless you intend to repeat the assays after an appropriate time "it would be a much more efficient use of nursing and space to have patients undergo an assessment in the triage room with... electrocardiograms... blood tests completed... by the triage nurse" Really? So instead of triaging and reassessing more patients, the triage RN (one of the most difficult and specialized nursing jobs) should be spending much more time with venipuncture and doing EKGs instead of a lower -paid technician? Furthermore, where do we get the money to build a completely new triage area? I've never seen such a setup in the dozen ER's I've worked. "It is entirely within the scope of experienced, appropriately educated Emergency Department triage nurses to determine which patients can, and should, benefit from investigations initiated either at triage or shortly after presentation by the primary care nurse." Not by my understanding of the law (Ontario Regulated Health Professions Act). If it's within their "scope" then why would they need our signed orders (directives)? "The development of directives, based on a literature review and current best practice..." There is broad agreement that the directives presented to us could not possibly be entirely evidence -based (and Haygroup seems to agree: see their comments on these directives being too "inclusive "). Furthermore, there is no evidence for the safety and effectiveness of directives in general for complicated presenting complaints such as abdominal pain. "Doing so may eliminate the delays currently encountered" Or they may not. "Such directives have been shown... to shorten Emergency Department length of stay by as much as two hours" 4 Because they left AMA? Reference, please. My literature search revealed nothing of the sort. Another study "as yet unpublished due to statistical concerns by the editors "? "The format in which they have been produced... is also appropriate" Not found to be so by many of those who have to use them (the dots and RNs). Reaction I've heard has been near universal that they are too complex and difficult to understand "A key component of the development of the directive is for the `health care team to determine whether a procedure can safely be ordered by means of a directive..." But yet these directives were not developed by our health care team, and the ones that were, were rejected. "Concerns with regard to the directives are fourfold" Not by my count. "The directives should be reviewed every three to five years" Yes, I believe most leading ER journals publish approximately that often. "The number of tests to be performed on patients appears to be too inclusive..." Thank you. Any chance, Haygroup, for your fee (how much was it ?) you could throw in a little extrapolation of how much all this excessive testing, that you've admitted exists in these directives, will cost? "...the current cadre of emergency physicians at the GNGH" cadre: "a cell of indoctrinated leaders active in promoting the interests of a revolutionary party" (Merriam Webster Online) s "A tightly knit group of zealots who are active in advancing the interests of a revolutionary party. (The American Heritage Dictionary of the English Language, 4th edition) zealot: "a fanatical partisan" Merriam - Webster Online Given that our group rarely is unanimous on anything, and we mostly oppose this radical change in our department, one wonders who the "revolutionary cell of tightly knit indoctrinated zealots" really is! "the process which they have used to develop their `in house' directives does not comply with the necessary methodology for developing and implementing medical directives in the emergency department" I disagree. Policy 4 -04 (htt u: / /www cnso on ca olicies/ olicies /default aspx ?ID 54) has the following guidelines (paraphrased by me): 1. The Delegation must be part of a physician - patient relationship 2. Delegate only those acts that form part of your regular practice 3. Identify the individual performing the act and be aware of his or her skills 4. Have a process for education and maintenance of competence 5 Informed consent of patient where feasible 6. Supervision 7. Consider liability issues 8. Consider billing issues How were our guidelines in violation of these guidelines? Following this in the appendix are further "guidelines" to "consider" I am confident we did consider all these points. What evidence is there that we didn't? If they weren't spelled out as explicitly in our document as someone would like, then they could easily have been revised. There is a misconception that the only "good" directives are ones that closely follow the "template" of the FHRCO. This is nonsense. These directives are "consensus" suggestions (meaning non - evidence- based ?) by people who have never worked in our department. The FHRCO FAQ states "Anyone who is affected by a directive needs to be involved in its development." ( httn:// mdguide .regulatedhealthprofessions on ca /why /fag /default as) 6 How were we ever involved in developing the directives that were handed to us? "The Medical Advisory Committee should ensure that non- physician staff are empowered to do independent case finding in the emergency department" I agree, and this already happens (QRT, crisis worker in particular). Was there ever any indication that they weren't "empowered "? "A committee of emergency department care providers should compile care maps for the 15 to 20 commonest encountered conditions in the emergency department" Let's hope that these care maps have been validated by clinical trials. Many haven't, or were studied and not found to be effective. The top 15 ED complaints include bumps cuts and sprains, colds, weak /dizzy surely these aren't all appropriate for care maps? "The use of such directives will facilitate throughput,, and address the concerns expressed by physicians that having additional physician staff on site would be `redundant ' Doesn't address my concerns. While Haygroup assumes care maps speed throughput, this is a rather large assumption that I have not seen reflected in the literature (and for which they offer no support). As far as I can see, care maps put extra burdens on nurses (with the hope they may improve care), but I don't see that they make things move more quickly. "it is inappropriate for an emergency physician to discharge a patient when a consultant has accepted responsibility for evaluating them" Well that's just the point, the specialist was never spoken to about the patient. The department of surgery seems to think we are supposed to screen them. In any case, it makes no sense for the referring doc not to speak with the specialist. I have made this point clearly to Drs. Hope and Macaulay and look forward to this policy being changed. Haygroup recognizes that something is not right here, but they don't seem to realize 7 that the specialist never speaks with the small site doc! I'm sure if they realized this, they would agree with me as to how inappropriate it is. " ...use of clinical decision units has been associated with decreasing the rate of admission to hospital..." One presumes that this is because it is an alternative to admission. Is enlarging the department really the solution, or is having enough inpatient beds the solution? We already "hold" patients for 24 hours and beyond. Having more beds and more nurses is an interesting suggestion, but we already often have 15 -20 admit -no -beds and that eats up our stretchers and our nursing resources. Solving the ANB problem would be like getting a much bigger ER with more nurses to care for ER patients! "The ... GNG site should create a properly designed and equipped fast -track area." Uh, we already have one. How is it not properly designed or equipped? "Many of the patients... could... be managed under the care of a [NP]... both models have been described in the literature as having excellent outcomes" I think they've also been described as not having excellent outcomes, depending on which articles you pick. A peer - reviewed article by Dr. Alan Drummund and Michael Bingly (an NP) (Can JEmerg Med 2003;5(4)276- 80) states: ...the introduction of NPs into the ED setting is unlikely to have a meaningful impact on ED overcrowding... Unfortunately, as we strive to define the role of the NP in the ED, we cannot rely on the literature for assistance. The bulk of published literature describes the practice of NPs in primary care settings and in other countries, and most is either descriptive or opinion based... The international literature on NPs in the ED cannot necessarily be extrapolated to the Canadian system.... despite several decades of experience, [in the U.S.] the percentage of emergency patients seen by alternative health care providers remains small. To illustrate, the American Academy of Nurse Practitioners estimates that only 1% of US NPs practise in EDs... Several authors suggest that NPs improve access to care, shorten waiting times, reduce the number of patients who leave without 8 being seen, prevent unplanned return visits, increase patient satisfaction and reduce costs; however, these conclusions are based on methodologically weak studies and upon experience in primary care settings rather than ED settings.... When dealing with low- acuity problems, emergency physicians typically treat many patients per hour; however, several studies have suggested that NPs can be expected to evaluate and treat only i or 2 patients per hour. More studies are required to assess NP effectiveness in the ED but, certainly, in high volume departments, it is doubtful that a single NP will significantly improve patient flow. A 1 994 study revealed that, while the introduction of NPs had a beneficial effect on the flow of patients with non - urgent conditions, it also had an adverse effect on ED nurses (2 health care providers working simultaneously generated more work for ED nurses)... Increased costs It has been repeatedly suggested that NPs may be a cost - effective alternative to primary care providers This has not been studied in the ED, and a recent systematic review from the UK suggested that NP cost effectiveness may be less than expected, based on evidence that they perform longer consultations and order more investigations than primary care physicians... The emergency NP cannot be considered an alternative to the emergency physician. Although some studies suggest that NPs may be equivalent to junior house staff in dealing with minor illness and injury, there is no evidence to suggest they can replace emergency physicians in dealing with higher acuity problems Further, we believe the "gold standard" is not the junior house officer or similarly inexperienced physician.... Without evidence of effectiveness or cost - effectiveness in emergency settings, it is unclear whether this justifies their widespread incorporation into ED practice. "...charts are placed on a rack, and physicians choose to see patients in the order which suits them" Not really true. "Urgent" patients are almost always seen first, and majors before minors, and in the order in which they are placed in the rack. In any case, the article I referenced above regarding managing a busy ER suggests that some judicious physician juggling of the charts can improve throughput. 9 "A nurse should be assigned to monitor the central monitor" Really? Who pays for this extra RN to stare at a screen for 12 hours? Isn't that what alarms are for? "Currently the nursing staff do not have specific time for breaks. This impacts patient flow..." Yes, it improves it. RNs often delay their breaks when there is a lot of work to be done. How would forcing a break when extra hands are needed help flow? "It is suggested the department.. consider increasing the number of PT and casual staff" Didn't we just lay off 4 PT RPNs? I believe that was some time after the Haygroup report was received. Does admin not agree with this particular Haygroup recommendation? "Concerns include a lack of attendance at meetings, a lack of availability..." My understanding is many meetings were scheduled (coincidentally ?) when he was away, or the invitation was `lost in the mail' I have always been able to contact him whenever needed. "...those working at the ... GNG... interpret their performance in the context of other hospitals in the [NHS], and the attitude is one of `competition' as opposed to collaboration, cooperation and consensus building across the system.... it will be essential for the [NHS] to ensure that a culture of a single institution, with common policies, procedures, clinical objective and standards unfolds. The hospital should strive to ensure that performance in all emergency departments is compared not with internal peers, but with external standards." This one boggles the mind. Because we take pride that we do better than any of the other NHS sites, we're somehow bad. Since when was friendly competition bad? It's strange enough that the best - performing site faces a 10 sudden "emergency review" as if something terrible is happening, and then the emergency review slams us for basically being too pleased in light of evidence that we're holding our own. Let's be clear. Striving to be the best doesn't preclude cooperation. We have excellent relations with the other sites. We call them to borrow supplies, to fill our shifts, and we meet to discuss how to improve the NHS emergency system. How does our being "competitive" (i.e. when a hostile admin shows us numbers purporting to show we're doing poorly, we show that the numbers don't actually show that) take anything away from anyone else? Why is it so important to only compare ourselves to external departments, and not other sites? Why is a "one- size - fits -all" approach so essential for the NHS emerges? Why must we all be the same? And if we must be, we feel that the numbers show that our department performs the best, so perhaps others would want to adopt some of our practices. "GNG may want to consider implementing shared governance. 'Shared governance is a philosophy and structure that supports decentralized [emphasis mine] decision making, shared ownership ... it is about having a voice, being informed and heard. "' ' This is exactly what we want and have been denied by the NHS. Decisions are handed down to us without consultation, and any protests are ignored. Well said, Haygroup! Too bad you were apparently talking about nursing and not physicians. "...the quality of care should not be a subject of internal competition. It needs to be measured with respect to peer hospitals." The purported quality of care differences within the NHS was important when the admin tried to use them to prove why we had to change. When we showed that actually we weren't doing worse than the other sites, suddenly it's terrible to look at. If these others sites are so different (and not our peers) that we can't be compared to them, then why is it so crucial that we all have common policies /procedures /protocols /care maps, etc.? I won't address the report's numbers which purport to show how we are doing poorly compared to the provincial average, as I believe one of my colleagues has done a superb job debunking this. I would point out that this 1 1 includes many small rural hospitals. In any case, if our total in- department time and LWBS are so terrible (despite how efficient and quick even Haygroup admits our ER docs are), is it possible the problem is with not enough beds and nurses (i.e. too many admit -no- beds)? Nowhere was "time patient ready to be seen by physician" and "time seen by physician" compared. Having triple coverage (with slower ER docs) and NPs and directives is not going to improve these numbers. "This chart review revealed charting deficiencies by all physicians... this may, in fact, reflect on physicians who are too busy trying to see a large number of patients in a specified time period" Or it may not. What were the methods and criteria for this chart review? I have never heard our department ever before having issues (with MRC etc.) with substandard charting. Will the admin allow us to hire our own scribes then? (I am awaiting an answer from Dr. Hope on this issue) This should solve the problem and make things even more efficient. "Each of these represent the longest interval from crushed a physician intervention measured and reported during the day he [sic]." Speak English? I assume we got a very good deal on this report by forgoing proofreading? "no x -ray recall system exists in the department." Dead wrong. Where do they get their information? There is a very effective and well- documented xray discrepancy system. "Should consultants be called, the needed [sic] to identify and or create an inpatient bed would become a greater imperative for consultants." Must have been near the end of a 12 -hour shift when this was written? I hear when you get your FRCP they give you a magic "bed wand ". One wave and beds appear. 12 "This would result in a shortened inpatient length of stay" How? "It would also... result in patients being moving from the emergency department to the inpatient units..." Abracadabra! I can just imagine me calling one of the surgeons at 33o am to ask him to come in to assess the little old lady with bowel obstruction. "But Dr. Harper, if only you came in, an inpatient bed would suddenly free up and our department would work better!" What dreamworld is this? "it has been well documented that productivity decreases in the last two hours of extended shifts, and the rate of errors in the final hours of extended shifts is increased ". Not according to this study: Mills, M.E., et al, Nurs Res 32(6):356, November - December 1983: The authors... assessed the effect of 12 1/2-hour nursing shift scheduling ... . There was no significant difference in scores obtained with eight and twelve hour scheduling. Three fatigue tests evaluating subjective symptoms, mental reasoning, and performance were administered six months after initiation of the study... the twelve hour shift had no impact on symptoms of difficult concentration. Analysis of the results obtained on an objective test of mental reasoning indicated that scores achieved at the twelfth hour were higher than those achieved at the first and sixth hours. Evaluation of vital sign performance indicated that the number of errors increased significantly over twelve hours. However, it was noted that the largest increase in the number of errors occurred between the first and sixth hours of the shift. Ninety -six percent of the nurses indicated that they preferred not to return to eight hour scheduling. It is concluded that twelve hour shift scheduling with careful preplanning and continuous evaluation may be advantageous. I note that we have 12 hour shifts for RNs. Where is this "abundant body of literature" which proves burnout is accelerated by shifts longer than 8 hours? My search of Emergency Medical 13 Abstracts (which seeks out emergency- medicine - related articles from over 60o journals) revealed nothing of the sort. One survey of U.S. physicians found that 32% of ER docs who responded worked exclusively 12 hour shifts, and only 11 percent worked exclusively 8 hour shifts (the remainder worked a combination). (Thomas, H., et al, Ann Emerg Med 23(5):1o96, May 1994) The study mentions other studies which further point out that there was no statistically significant difference in the likelihood of leaving the profession among physicians working 12 hour rather than 8 hour shits, and that "Studies of the effects of eight- and twelve -hour shifts in other occupations have yielded conflicting results." The rest of the report is either redundant or I agree with. To summarize' this report strikes me as being poorly written; having factual errors and misunderstandings of how our department works; having glaring flaws in logic, reasoning, and data interpretation; being biased; in many areas as not being evidence -based and containing almost no specific references for its broad claims; seeming to twist little nuggets of data to fit a pre- determined outcome; glossing over many problems the admin should have fixed long ago; having unrealistic suggestions; and denigrating many of the staff's ideas. Was it all a snowjob to pave the way for a pre- determined agenda from higher -up? How many hours could we have paid to keep those 4 fired RPNs working with the money this report cost? -Kevin Speight 14 GNG SITE ED PROPOSALS August 31, 2009 The ED physicians at the NHS GNG Site propose the following: Leadership: 1 / We recommend that our Depa, tu,ent have its own Site ED Dept Chief selected from with in our group. We do not want an outside Chief imposed on us. This would have to go through the accepted NHS application/appointment process. Any "internal" candidates would be given preference for this appointment. (The letter sent out by the Chief of Staff dated Aug.19th in this regard was received by many on Aug. 28, which was the closing date for applications. The job may need to be re- posted and sent by Email to NHS EP's). ED Resources: 2 / We need written assurances through a "Memorandum of Understanding" signed by The Senior Team that; there will be no reduction at the GNG Site of specialty coverage or inhospital availability of OBS / Peds (Mat/Child Program), Mental Health Services and General Surgery prior to the opening of the "New" hospital in St.Catharines in 2012. 3 / There will be no further cuts to Nursing, Diagnostic services or support services to the ED at the GNG Site. 4 / That lack of inhospital resources resulting in Admitted patients overcrowding the ED be urgently dealt with by NHS Administration and a strategy reported to the Dept. Physician recruiting: 5 / An intensive recruiting campaign should begin immediately for EP's for the GNG Site. Success of that initiative will be dependent on getting agreement on points 2 and 3. 6 / That members of the GNG ED have input into the recruiting and selection process of their medical colleagues. Scheduling: 7 / Physicians currently working first call in the GNG ED will have first choice of shifts on a month by month basis (to be submitted no Less than 30 days prior to a given month) The NHS scheduler will fill any gaps in the schedule thereafter. 8 / That MedEmerg and HealthForce ONT physicians be used only as a "last resort" for temporary Site ED coverage. 9 / That MedEmerg and HealthForce ONT Physicians be used only for first call coverage, and not to provide second on call coverage, unless all first call shifts are covered in a given month. 10 / That the use of second on call 1200- 2200hr shift be reviewed for performance measures and viability by Sept 30. 2009. A consideration should be given to a gradual phase -in of the second shift to accommodate physician recruitment and to reduce costs to the NHS. Directives: 11 / That the accepted ED Medical Directives will be reviewed and a process to modify them be initiated at the Sept 23, 2009 Regional Dept meeting. This is needed to address risk and costs inherent in the Directives. NiagaraJalls November 30, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -95 AM- 2009 -018, Zoning By -law Amendment Application 7104 - 7118 Lundy's Lane Applicant: Falls Manor Limited Recognize Existing Cabins that are Associated With the Motel on the Land and Permit a Lesser Frontage for a Residential Lot RECOMMENDATION That Council approve the Zoning By -law Amendment to recognize the existing cabins and to reduce the lot frontage requirements for residential lots to 6 metres (19.7 feet) on the basis of extending Cuviello Court onto the subject land to provide access for two new residential lots and two future residential lots, as illustrated on Schedule 3. EXECUTIVE SUMMARY The proposed amendment is requested to recognize the existing cabins and to permit reduced lot frontage for two lots proposed to be created at the current limit of Cuviello Court. Although the Official Plan makes allowances for the proposal, the proposal does not provide for the extension of Cuviello Court as planned and as such precludes the development of additional residential lots on the subject land. Staff recommend a modified development proposal be approved, as illustrated on Schedule 3, which allows for full utilization of the Residentially designated portion of the lands for housing. This concept will not increase impacts on surrounding residents, provided the interim use is limited to cabins and landscaping and fencing is provided along adjacent residential lands. BACKGROUND Proposal PD- 2009 -95 A Zoning By -law amendment is requested for the whole of the lands at 7104 - 7118 Lundy's Lane (see Schedule 1), having a lot area of 1 hectare (2.5 acres), to recognize existing cabins and permit 2 residential lots. The northerly two- thirds of the land is designated Tourist Commercial and zoned Tourist Commercial (TC). The southerly third of the land is designated Residential and zoned Residential Single Family 1C Density (R1C). A portion of the residential lands are occupied by 12 cabins which are legal non - conforming. November 30, 2009 -2 - PD- 2009 -95 The applicant seeks to extend the TC zone onto the lands containing the cabins and recognize the cabins as a listed use through a site specific TC zone. The applicant also seeks a site specific R1 C zone to permit a lesser lot frontage for 1 of the lots than currently required. Site Conditions and Surrounding Land Uses The land is occupied by a restaurant, a motel and 22 cabins, 12 of which are located on lands zoned for single detached dwellings (R1 C). A small portion of the land zoned R1 C is landscaped open space. Properties to the east of the subject lands are developed for commercial and residential purposes. Lands to the south and south east contain single detached residences and include the Cuviello Court subdivision. The lands to the north and west are occupied by the hydro power canal and include a recreational trail. Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara The proposal does not take full advantage of the intensification potential of the property and would restrict the future development potential of the rest of the Residentially designated lands. The application should be deferred until the proposal is modified to take full advantage of the intensification potential of this property. Lots created on the cul -de -sac must maintain the existing cul -de -sac radius to ensure the provision of curbside waste pickup. Transportation Services No objections. To ensure adequate emergency vehicle access, the existing "no parking" prohibition on both sides of Cuviello Court must remain. Municipal Works No objections. The applicant will be required to submit a grading plan prepared by a surveyor or engineer for the newly created lots, as part of the Consent process. Building and By -law Services All Building Permits to be obtained prior to commencement of construction. November 30, 2009 - 3 - PD- 2009 -95 ANALYSIS Official Plan Parks, Recreation and Culture No objections. Cash in lieu of parkland dedication will be required for the new residential lots. Legal Services No objections. Design Concept Staff met with the owner's agent on several occasions to discuss the preference to extend Cuviello Court. When the Cuviello Court subdivision was approved it was designed with a temporary turning circle to allow for the future extension of the street to take full development advantage of the lands designated Residential. The development proposed by the applicant excludes an extension of the bulb into the subject lands and as such precludes the full use of the lands for residential purposes. As well, the proposed plan perpetuates the intrusion of a tourist commercial use into a residential area and conflicts with desirable development to complete this residential community. The intended completion of this subdivision could be achieved by extending the bulb northward to develop two lots and allow the cabins to continue as an interim use until such time as it is viable to remove the cabins and develop two additional lots. This option is shown an Schedule 3. This would fulfill the original development concept for the portion of the land designated Residential and ultimately remove a remnant commercial use that is surrounded by residences. According to the Official Plan, non- conforming uses such as the 12 cabins are intended to cease over time. The owner does not wish to remove these cabins. While the long term intent of the Official Plan is to remove the cabins, the Plan also contains policies which allow non - complying uses to be recognized. For a non - complying use to be recognized through a zoning by -law it must be demonstrated that the zoning will not permit a change of use or performance standard that will increase impacts on adjacent complying uses, does not constitute a danger to surrounding uses, will not contribute to any urban renewal problem and will not interfere with desirable development in adjacent areas that are in conformity with the Plan. Staff is of the opinion that recognizing the cabins through the zoning by -law would meet the above noted criteria. The approval should be for the existing cabins only. This would allow the use as an interim use until such time as the lands can be fully developed for residential purposes as demonstrated in Schedule 3. November 30, 2009 - 4 - PD- 2009 -95 Zoning By -law The applicant has requested a site specific TC zone for the portion of the site occupied by the restaurant, motel and cabins to include the cabins as a listed use. A definition of a cabin would have to be included in the amending by -law. Should Council approve this application, approval should be limited to the rear 61 metres (200 feet) for the existing 12 cabins only, and the current number and size. Over the long term these uses could be phased out and the lands redeveloped as residential lots. The by -law should require fencing and landscaping to buffer adjacent residential lots from the continued commercial operation. One of the two proposed lots has undersized lot frontage. The applicant has requested a site specific R1 C zone to reduce the required lot frontage from 15 metres (49.2 feet) to 6 metres (19.7 feet) because of the limited frontage provided by the irregular cul -de -sac design. While the street access will be limited, the lots will extend to the required width at the building line. While this reduction may not be fully needed for the preferred development option, it is recommended to provide flexibility in designing the Tots. The reduced lot frontage will necessitate relief from the maximum permitted driveway widths of 50% of the lot frontage. Driveway widths would still be limited to a maximum of 8 metres (26 feet). Should Council approve the application as recommended, the owner will need to pay the costs to extend the road and services, and secured through a development agreement. In addition, the 0.30 metre (1 foot) reserve at the north end of Cuviello Court will need to be lifted to allow access onto the subject land. To prevent access to the cabins through the residential area, a 0.30 metre (1 foot) reserve should be placed along the future cul -de- sac until Tots 3 and 4 are developed. These matters can be addressed as conditions of a future consent. CITY'S STRATEGIC COMMITMENT The recommended development is consistent with Council's priority to strengthen and promote economic development and provides for the efficient use of land. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan ► Schedule 3 - Site Plan Recommended Option Recommended by: Approved by: Respectfully submitted: A.Bryce:mb Attach. S: \PDR\20091PD- 2009 -95, AM- 2009- 018,Falls Manor.wpd Alex Herlovitch, D' ector of Planning & Development Ed Dujlovic, Executive Director, Community Services Ken dd, Chief Administrative Officer November 30, 2009 Location: 7118 Lundy's Lane Applicant: Falls Manor Limited - 5 - SCHEDULE 1 LOCATION MAP Amending the Zoning By-law No. 79-200 AM- 2009-018 October 2009 PD- 2009 -95 SCHEDULE November 30, 2009 EXISTING CABINS 2 FUTURE LOTS FUTURE ADDITION TO LOT 2 - 7 - SCHEDULE PD- 2009 -95 / Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -96 Designation of the Earl A. Thomas House 6320 Pine Grove Avenue RECOMMENDATION EXECUTIVE SUMMARY PD- 2009 -96 November 30, 2009 1. That Council receive the Conservation Review Board's recommendation for the property at 6320 Pine Grove Avenue. 2. That Council pass the by -law on tonight's agenda to designate the property under s. 29 Part IV, of the Ontario Heritage Act as a property with cultural heritage value or interest to the City of Niagara Falls. The Conservation Review Board has rendered a decision supporting Council's original position and it would therefore be the recommendation in this report that designation of the property at 6320 Pine Grove Avenue be appropriate as it has demonstrated cultural heritage value and interest based on the criteria in Regulation 9/06 of the Ontario Heritage Act and therefore should be designated. ANALYSIS /RATIONALE On December 5, 2008, Council issued a Notice of Intention to Designate the property known municipally as 6320 Pine Grove Avenue based on staff report that it had sufficient cultural heritage value and interest to the City. The owners of the property, Mr. Gordon Ogilvie and Ms. Eleanor Attard submitted a letter of objection to the designation. The letter of objection was forwarded to the Conservation Review Board (similar to the Ontario Municipal Board) who arranged a pre- hearing conference to see if the issue could be resolved and as there was no resolution, a full Conservation Review Board hearing was held. The ownership of the property has been an issue due to Mr. Ogilvie's position that he remained on title to the property, although he did not have possession of the property. The mortgage holders maintained that they were the owners of the property due to Mr. Ogilvie's default in payment, although they do not appear on the title documents to the property. The appeal process moved forward to the full Board Hearing, but neither Mr. Ogilvie, nor the mortgage holders or their representative appeared at the hearing. November 30, 2009 - 2 - PD- 2009 -96 The Conservation Review Board is empowered by s. 7(1) of the Statutory Power and Procedures Act to conduct a hearing in the owners absence. The owner and mortgage holders were given the full and proper notice of the hearings and informed of the process to be involved. The Conservation Review Board's recommendation was that Council proceed with the protection of the property at 6320 Pine Grove Avenue under s. 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, as amended to 2006. The Board goes on to recommend that before proceeding with protection by by -law the City's Statement of Cultural Heritage Value or interest be re- drafted to capture the verifiable and significant elements of the proposed protection and the provided list of character defining elements be replaced with a statement identifying the "heritage attributes" of the property. These amended documents can be found in the attached Designating By -law. Other recommendations described in the Conservation Review Board decision have been addressed by staff as follows: • • • LIST OF ATTACHMENTS the City has now completed its numerical evaluation; a Historic Abstract of Title property search has been completed and a chronology of ownership has been created based on this title search; and inconsistencies between the Notice of Intention to Designate, Statement of Cultural Heritage Value or Interest and the Historical Review have been addressed by referencing the correct sections of the Act and verifying the information. The attached letter from Robert Wilkins of ReCharge Corporation, acting for one of the mortgage holders, lists a number of concerns which are the same as the Conservation Review Board recommendations. As stated, these have now been addressed. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The designation of the property would not have any financial implications to the City . beyond a designation ceremony, which costs are contemplated in the budget allocated for the Municipal Heritage Committee. Designating By -law Letter from ReCharge Corporation Extract from the Abstract of Title Recommended by: ,4U46 l Approved by: Respectfully submitted: Alex Herlovitch, Ed Du Executjve Director, Community Services P.Boyle:mb Attach. S: \PDR\2009\PD- 2009 -96, 8320 Pine Grove, Earl A Thomas House.wpd erector of Planning & Development Kelh Todd, Chief Administrative Officer SCHEDULE "B" TO BY -LAW No. 2009- Description of Historic Place REASONS FOR DESIGNATION 6320 Pine Grove Avenue is located at the corner of Pine Grove Avenue and Murray Street, the house sits on a slight rise in a prominent position. The parcel of land is comprised of 4 residential lots all of which contain large mature trees. The two storey Tudor Revival style dwelling is situated on the east side of Pine Grove Avenue and straddles the lot lines of three of the four lots which provide the landscaped setting for this building. The residence on these lots was constructed for Earl A. Thomas, a prominent member of the community for his work with Brights Wines, now Vincor Wines. The property at 6320 Pine Grove Avenue is recommended for designation pursuant to s. 29, Part IV, of the Ontario Heritage Act, based on its historical associative value and its design value. Historical Associative Value Statement of Cultural Heritage Value or Interest The lands are part of Registered Plan 315 (originally Plan 17) which was registered in 1913 as part of the outward growth of the Drummondville area of Niagara Falls. In the summer of 1928, Earl A. Thomas purchased 3 lots at the corner of Pine Grove Avenue and Murray Street for his new home. In the spring of 1929, Mr. Thomas purchased 2 abutting lots creating a sizeable property on which to showcase his newly designed house (drawings dated April 1929). In total, Mr. Thomas paid $4650 for the land, a sizeable amount of money for vacant land at the time. The property stayed intact until 2003 when Lot 131 fronting on Murray Street was sold. The property continues to be composed of 4 of the original 5 lots held by Mr. Thomas. While this is the largest property in the immediate area occupied by a single detached dwelling, it helps create the general character and context of the area as several other single family properties consist of 2 or 3 lots, each from the original plan. The property at 6320 Pine Grove Avenue is significant for its association with the original owner, Earl A. Thomas, a very prominent figure in the wine industry, both locally and nationally. The house was designed for Earl A. Thomas and his wife, Doris Rosalind Thomas. Mr. Thomas was born in Stamford township in 1894 and began working at T.G. Bright's Wines (now known as Vincor Wines) in 1916 at the age of 22 and rose to become President of the Company, a position he held until his retirement in 1959. Mr. Thomas was, at one time, President of the Canadian Wine Institute and was acknowledged as the `dean' of the Canadian Wine Industry. Aside from his business accomplishments, Mr. Thomas was a very active member of the local community as seen by his volunteer work as the Chairman of the Niagara Falls and Suburban Area Planning Board from its inception in 1948 to the time of his death in 1966. He was also the co -chair of the Hospital building campaign and chairman of the Chamber of Commerce. The Thomas's owned the property for 37 years. Subsequent to the Thomas family, Charles and Ruth Dunnett owned the house for the next 27 years. The Dunnett family owned and operated a chain of 4 -5 grocery stores in the community known as Niagara Farms Markets. (Sherman Zavitz, City Historian) From original building plans found in City files, it is known that the house was designed by architects Findlay and Foulis and built c. 1929. The architectural firm built many significant buildings within the City and other parts of the Province of Ontario. Claude Findlay and James Foulis relocated their office to Niagara Falls from Sault St. Marie after winning a design competition for Table Rock House in 1925. The architects went on to build a number of significant buildings in Niagara Falls which are considered to be local landmark structures. These include the Refectory and Administration Building, both in Queen Victoria Park, General Brock Hotel, and Oak Hall, a residential building for Sir Harry Oakes. This firm also designed a chateau for Sir Harry Oakes in Kirkland Lake Ontario, which is now owned by the Ontario Heritage Trust. From the Biographical Dictionary of Architects in Canada, Findlay and Foulis are credited with the majority of their work in Niagara Falls during the period between 1925 and 1930. James Foulis died suddenly in 1932 and Claude Findlay went on to become the president of Welland Securities Ltd. which managed the properties acquired by Sir Harry Oakes. Mr. Foulis died in 1965. The architects are considered to be prominent twentieth century architects both locally and provincially. Design Value The design value of the Earl A. Thomas house lies in it being one of the City's best examples of Tudor Revival style architecture, which saw a resurgence during the 1920's through to the end of World War if Many of the typical Tudor style characteristics are evidenced in this house such as: • a steeply pitched hip roof made of asphalt shingle with flat deck; • multiple prominent gables: gable ends are finished with brick, half timbering or wood plank in various locations, which adds to the asymmetrical qualities of the house; a large dominant chimney, in a central location on the front of the house, which steps in at a flared brick apron just above the level of the eaves. The chimney top is detailed with courses of stepped brick as the terminus; windows containing small multi -pane sash. The exterior of the house retains much of its original appearance with red brick on the first storey laid in stretcher bond. The first course above the foundation is laid in a soldier course. Light coloured stucco trimmed with dark coloured half timbering on the second storey. At the south end of the house, the lower walls of the sunroom have brick laid in a herringbone pattern in two different arrangements adding to the decorative qualities. The front entrance is created by a projecting brick vestibule with bell cast roof and corbelled brick at the eaves; the gable features a decorative treatment of two bricks laid vertically with a brick laid in a dog tooth arrangement to give the impression of a niche. Window openings in the brick portion of the house have brick sills laid with the headers facing outward. The openings have a flat arch with soldier course. Vinyl windows have largely replaced the original window sash. The original 10 pane casement windows exist on the southerly sunporch. A modern pair of french doors has been added to the north wall and access a now enclosed terrace. The original plans do not show a doorway in this location. A plank door to the east of the modern french doors, appears to be an original element of the house, but the proximity to the milk box, unfinished appearance of the milk box sill and lighter coloured mortar on the west side of the door opening suggest this doorway may have been altered from its original construction. Because of the grade of the lot, the basement is exposed along the southeast and east sides. The original garage was located under the kitchen area, in the basement level, and is accessed by a driveway from Orchard Avenue. A one - storey brick addition, with shed roof, on the north side of the kitchen replaced the original porch shown on the architects' drawings. The colour and texture of the brick is very close to the balance of the brick work which suggests it may have been an early alteration by the Thomas family after they had moved into the house. The round headed front entrance has two courses of header brick. The front door which consists of vertical planks having a 4 paned window and antiqued brass metal hardware. The house defines the historic character of the neighbourhood as one of refined living and quality in the first half of the twentieth century. The original floor plans note the presence of a maid's room, above the kitchen, with a back staircase, indicating the gracious life style of the original occupants. A number of specimen trees were planted on the property, including a European Beech, (north of the house), 2 Red Oaks (south & southeast of the house) and a Shagbark Hickory (south of the house). Other trees noted on the property are silver maples, older spruce trees and a number of eastern hemlocks. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 6320 Pine Grove Avenue include the following heritage attributes: • large property consisting of four lots creates a significant setting • the Tudor Revival House exhibits a full range of architectural detail associated with the style • steeply pitched roof with prominent gables • original window openings with brick sills laid with headers facing outward, flat arch with soldier course • round headed front door made of vertical planks with black metal hardware enclosed in a projecting brick vestibule with bellcast roof and corbelled brick at the eaves • red brick on first storey • dark half timber and light stucco exterior cladding on second storey • large dominant chimney, in a central location on the front of the house • exterior of sunroom is red brick laid in a herringbone pattern • several significant mature specimen trees planted on the property. S :\HISTORY\INv\Pinegrove6320 \by- law.wpd RE CHAT CORPORA FF N ] x'. ;gin, .■._ Gimbel- 9. 20119 City of Niagara Fails Mayor, Ted Salci and Colinei E -Moil isalci'h;nia �Mrafnlls r Re: Recommendation of the Conservation Review Board to Protect the property known municipally as 6320 Pine Grove Ave., Niagara Falls under S.29 of the Ontario Heritage Act, R.; .0..,1990, Chanter 01 R as in atncnde f to 2006 Dear Sir(s): We are the authorized agents and represetr of H ome Trust Company. a Mortgagee in speak al he Gctoher5,(2009 Hearing as ii l w as `determined I that it did not have have an unless it applied for it and time slid not permit Home Trust Company is required hy law to obtaioi hair Market Value upon tale of this property. There are manumits mortgages subsequent lo our firs;( mortgage_ and we have a responsibility to these mortgagees and the owner. Home trust Company has the billowing concerns: 1) A checklist to score the level of cultural heritage value was not applied to this ptxrperty= 2) The information provided to the Board lacks a lidl explanation MIN methodology employed to locate and analyze information abate the history. design and context of the property or the dwelling. le - no reference was made to the Abstract of Title - this is important as the original property consisted of 5 lots on a registered plan: Lot 131, Lot 132, Lot 133, Lot 134 and Lot 135; Lot 131 was recently sold isce drawing attached) 3) The term "Character Defining Elements" which was cmpk yed by the City is not recognized hy the Act 4) The "Statement of Significance' presented by the City was not clear 5) The City proposed to the inclusion of some trees -- there was no evidence of importance, locations. species etc 10 summary 1 tome Trust Company believes that the Recommendation oldie Hoard wuultl not huye been obtained had the City of Niagara Falls been opposed. 1 iomc Trust Coin pane opposes the designation. As the designation attaches to the property and not the dwelling, it is the opinion of the Home Trust Company that the City of Palls, after reviewing amendments to the "Character Defining Elements" and "Statement of Significance" should exclude Lots 132 and Lots 135 from the designation. The designated parcel then would he in keeping with the size and site — lines of similar properties and allow infilling In the area which is consistent with the evidence of Alexander Herloviich who states that this is an area of some modern infilling. Yours truly, ReCharge Corporation Per Robert J. Wilkins President cic William J. Walker Barrister & Solicitor Cowlings April 29, 1913 - May 1, 1913 - January 16, 1916 - August 20, 1928- April 23, 1993 - Chronology of ownership from the Historic Abstract of Title 6320 Pine Grove Avenue 135 lots on Plan 17 Jane Thompson Symmes s/t James Harold Arkell 20 lots on Plan 17 - James Harold Arkell s/t Harold Winters Paine 51 lots on Plan 17 - Harold Winters Paine s/t Jessie E. Paine & Frances Paine 3 lots on Plan 17 - Jessie E. Paine s/t Earl A. Thomas (Lots 131, 134 & 135) Lots 131,134 & 135 show a sale price of $950/lot, March 21, 1929 - 2 lots on Plan 17 - Jessie E. Paine to Earl A. Thomas (Lots 132 & 133) Lot 132 & 133 show a sale price of $900/lot. April 1, 1931 - 5 lots on Plan 17 - Earl A. Thomas to Doris Thomas (wife) for Love & Affection September 27, 1941- Doris Thomas dies (Age 45) November 12, 1941- By letters Probate - Doris Thomas transferred lots to Earl A. Thomas September 21, 1949- Earl R. Thomas (son) dies (Age 21) June 26, 1964- 5 lots - Earl A. Thomas s/t Beryl Thomas (wife) August 22, 1966- 5 lots - Beryl L. Thomas s/t Charles A. Dunnett & Ruth Dunnett (ends 37 year ownership by Thomas) No indication of mortgages taken out to build house? October 24, 1966 - Earl A. Thomas dies. (Age 72) 5 lots - Charles & Ruth Dunnett s/t Michael James & Susan Lynn Moberg (ends 27 year ownership by Dunnett) October 17, 1997- Moberg's lose house to Niagara Credit Union, under Power of Sale Niagara Credit Union then transfers ownership to Robert Brian Gibson and Linda Diane Gibson August 29, 2000 - Gibson s/t Fundeanu January 31, 2000 - Fundeanu s/t Schwarz October 23, 2003 - Schwarz sell Lot 131 to Barry Mills December 20, 2005 - Schwarz s/t Ogilvie and Attard Niagara falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD- 2009 -86 Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue RECOMMENDATION That Council support the following: 1. A change to the Residential Loan Program to a Residential Grant Program for the renovation of older apartments and unused vacant space above businesses along Queen Street and Erie Avenue to further stimulate economic recovery of the Downtown area. 2. That the maximum grant be for 50% of the eligible funds up to $15,000 ($10,000 from the City and $5,000 from the Region) based on a minimum renovation of $30,000 and there be an expenditure cap of $250,000 or 25 units. 3. That the Residential Grant Program applies to Queen Street and Erie Avenue and comes into effect on January 1, 2010 and be established for a three -year period and be reviewed after that time. 4. That Council, during 2010 Budget deliberations, consider the allocation of the same amount in 2009 of $465,000. The breakdown of this will be as follows: $200,000 Sylvia Place Redevelopment $ 15,000 Commercial Building and Facade Improvements $250,000 Residential Grants EXECUTIVE SUMMARY PD- 2009 -86 November 2, 2009 As a progressive measure to help stimulate residential development and economic recovery within the Downtown core, staff is recommending a change to the Residential Loan Program to a Residential Grant Program to encourage the renovation of older existing apartments and vacant floor space above businesses along Queen Street and Erie Avenue. Staff is proposing a cap of $250,000 or 25 units, as well as, a time limit of three years for this program change. The Downtown BIA supports this change and believes that now, more than ever, is the time to assist in stimulating residential development Downtown. November 2, 2009 BACKGROUND - 2 - PD- 2009 -86 On October 19, 2009, Council deferred the portion of Report PD- 2009 -63 dealing with a proposed change to the financial incentive programs for the Downtown which would allow a Residential Grant along Queen Street and Erie Avenue. There is a desire by Council to deal with this matter in open Council. This item has been advertised in the local newspaper and included on the City's web site. This proposed change is specific to the area along Queen Street and Erie Avenue and is applicable to older apartment units that require renovation and vacant space above main floor commercial space. The Residential Loan Program has been available for three years and only one application has been approved for the Downtown area. Based upon the lack of interest in this funding program, staff is recommending a change that will encourage the utilization of funds to help stimulate residential development Downtown. The Downtown BIA acknowledges that with a number of new stores and restaurants, now is a good time to encourage new and /or upgraded apartments that will see more people living in the area. The Residential Loan Program is to remain as an incentive program for the balance of the Downtown CIP area. ANALYSIS Staff monitors the number of applications received under the financial incentive programs on an ongoing basis and works with landowners within the CIP areas encouraging the carrying out of improvements on their property. The intent of the financial incentive programs is to stimulate redevelopment and private sector investment. If certain programs are not working, Staff feels there is an obligation to advise Council and to propose changes to programs to meet the objectives of the Community Improvement Plan. Council may recall that a change was recommended to the Downtown financial incentives a couple of years ago whereby the Commercial Building Loan was changed to a Commercial Building Grant. This program change has worked well. There is a considerable amount of underutilized floor space above commercial buildings along Queen Street and Erie Avenue. Through the proposed program change, it is hopeful that older apartments will be renovated and vacant space will be constructed with new residential apartments. The program change will better utilize the funds to meet the needs and economic recovery of the Downtown area. By encouraging people to live Downtown, they will frequent the new shops, entertainment areas and restaurants, as well as, utilize existing services provided by banks, medical offices and post office. When contacting other municipalities that have CIP programs, we found that there were some who provided residential grants and some who provided residential loans. We acknowledge that grants are easier to administer and are more attractive to landowners. The City of St. Catharines has a residential grant program and they have approved more than 150 new residential housing units over the past few years in their downtown. If we could achieve a similar 150 improved and /or new apartments in the Downtown core, the activity created by new residents would enhance the Downtown dramatically. FINANCIAL IMPLICATIONS The approved CIP budget for 2009 is $465,000 of which about $400,000 is uncommitted. November 2, 2009 - 3 - PD- 2009 -86 A portion of the surplus funds will be set aside to pay for applications approved earlier this year and any further approvals in 2009. The change to the Downtown Financial Incentives Program to a Residential Grant along Queen Street and Erie Avenue does not involve any additional funds in 2010 than were approved in 2009. The amount of budget can be divided in such a way that $250,000 can be set aside for the revised Residential Program, $200,000 for the Sylvia Place Market redevelopment and the remaining $15,000 be set aside for Commercial Building and Facade Improvement applications on a first come first serve basis. CITY'S STRATEGIC COMMITMENT The Downtown has undergone considerable change with a number of new shops and restaurants over the past couple of years. The opportunity presents itself to change the residential program from a loan to a grant to help stimulate new residential development in the Downtown core. Such development would have a positive impact by increasing the number of residents living in the Downtown and utilizing the wide range of services available. Furthermore, the proposed change will strengthen and promote economic development within the City which satisfies one of Council's strategic priorities. To assist in the progressive success of the Downtown, the program change form a Residential Loan to a Residential Grant along Queen Street and Erie Avenue can be supported. Recommended by: Approved by: Respectfully submitted: B.Bolibruck S: 2009 -86, Residential Loan to Grant Downtown.wpd ,,yy� 6 Alex Herlovitch, giiectorof Planning & Development Ed D ' ovic, E cut v Director, Community Services Ken Todd, Chief Administrative Officer Corporate Services Department Clerk's Division Inter - Department Memorandum Niagara CA NADA TO: His Worship Ted Salci DATE: November 16, 2009 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: PD- 2009 -86, Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue At the November 2n Downtown Steering Committee, the following recommendation was approved: It was moved by Councillor Jim Diodati and seconded by Councillor Wayne Thomson that the Committee supports the approval of Report PD- 2009 -86. Carried P Working Together to Serve Our Community Clerks • Finance • Human Resources • information Systems • Legal • Planning & Development Niagara iil REPORT TO: His Worship Mayor Ted Salci Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department RECOMMENDATION BACKGROUND MW- 2009 -84 November 30, 2009 SUBJECT: MW- 2009 -84 Downtown (Queen Street) Infrastructure Revitalization Project Phased Implementation Plan That staff be directed to proceed with the phased implementation plan for the Downtown (Queen St.) Infrastructure Revitalization Project and further that staff be directed to apply for additional funding from the Region's Public Realm Grant, CSO /MAP Grant and the Provincial Rural Economic Development (RED) Grant programs. EXECUTIVE SUMMARY Earlier this year the City of Niagara Falls received notice that its revised application for the Downtown (Queen St.) Infrastructure Revitalization Project to the Federal- Provincial Infrastructure Stimulus Fund (ISF) program was successful. Municipal Works and Planning staff have been working to clarify the scope and implementation strategy and are proposing a two - phased plan. Phase One of the project will include the replacement of aging sanitary sewers, watermains and storm sewers at key locations within the project area. This work is scheduled for completion by April 30 2010, so as to minimize the impact of construction within the Business Improvement Area (BIA). The Second Phase, scheduled to commence after Labour Day in August, will include the replacement of the existing sidewalks, refurbishment of the decorative streetlights, curb adjustments, street signage and the addition of new streetscape features such as a sound system, decorative benches, trash receptacles and attractive gateway features. Also included in this phase will be the road realignment and upgrading identified in the Downtown Eastern Gateway Municipal Class Environmental Assessment (February 2008). Given the proposed construction schedule and the completion requirements of the ISF program it is necessary to proceed with the engineering and tendering before the end of this year. The City of Niagara Falls completed extensive streetscaping work on Queen Street back in the early /mid 1980's which included a significant investment on the aboveground infrastructure. These features are now requiring some upgrading and replacement in order to help the local businesses re -brand and revitalize commercial activity in the Downtown November 30, 2009 -2- MW- 2009 -84 Core. The Community Improvement Plan (CIP) recognized that the use of the public spaces in the Downtown BIA would play a large role in returning this area to a successful business district. For business districts to be successful it is important that the infrastructure functions on a consistent and reliable basis so that business interruption is kept to a minimum. For this reason Municipal Works staff is recommending that part of the aging infrastructure located below ground be replaced as part of this project. The existing sanitary sewer on Queen Street has outlived its useful service life and although it functions adequately today we expect that significant and costly repairs will be needed within the next 5 -10 years. The City has recently completed a new trunk storm sewer on Park Street and a sizable storm water drainage area could be removed from the sanitary sewer system by constructing new storm sewers to this new outlet. Other small sections of cast iron watermain within the project area are also scheduled for replacement. The preferred plan for the Downtown Eastern Gateway EA included a short-term and long- term approach. The short -term improvements were supported by the Downtown BIA and the Niagara Parks Commission as a "cost- effective means of increasing driver awareness of the Downtown area" from River Road. It is the short-term improvements that the City will be including in the second phase of this project. By proceeding with the project on a phased basis staff will be able to work closely with the Downtown BIA over the winter months to finalize the design and source the appropriate streetscape features that will be constructed under the second phase of the project that is funded from the primarily from the ISF grant. FINANCIAL IMPLICATIONS Anticipated Project Costs Phase 1 $1,248,000 Phase 2 $2,278,100 TOTAL $3,526,100 Anticipated Project Funding ISF Program Water Capital Reserve Sewer Capital Reserve Roads Capital Reserve Total Phase 1 ISF Program Region Public Realm CIP Public Realm Res. Roads Capital Reserve Total Phase 2 TOTAL $ 386,666 $ 367,500 $ 460,500 $ 33,334 $1,248,000 $1,391,434 $ 100,000 $ 400,000 $ 386,666 $2,278,100 $3,526,100 November 30, 2009 The proposed "phased" implementation plan and financing was discussed with the members of the Downtown Steering Committee at its meeting held on November 2, 2009. In addition, there are other external funding programs that staff will be making application to. These include the Region's 2010 Public Realm Grant and Combined Sewer Overflow /Municipal Assistance Program (CSO /MAP) programs could offer up to $100,000 and $166,400 respectively and the Rural Economic Development (RED) Funding Program offered through the Province for up to $50,000. If successful these amounts would be applied to the project, which would allow additional improvements to be done. COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priorities to identify and evaluate alternative sources of revenue, strengthen and promote economic development within the City and to establish infrastructure investment priorities. Recommended by: Approved by: Ed Dujlgvic, Executive Director of Community Services t Ken odd, Chief Administrative Officer S:AREPORTS120091MW- 2099 -84 - Downtown (Queen Street) Infrastructure Improvement Plan.wpd Respectfully submitted: - MW- 2009 -84 Geoff Holman Director of Municipal Works e -mall: davew@dwfireworks.com web site: www.dwfireworks.com City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Dale Morton November 17 2009 Dear Sir, Olympic Winter Games Torch Relay David Whysall International Fireworks Inc. has been contracted by the Niagara Parks Commission to provide a 3- minute fireworks display for the Olympic Winter Games Torch Relay event being held at Niagara Falls on December 20 2009. This display will be of the standard and content normally provided to the Niagara Parks Commission and Niagara Falls Winter Festival of Lights for displays of this duration. Barriers will be erected and manned by the Niagara Parks Police to keep spectators out of the secured area. We will, of course, conduct the display in full compliance with the "Fireworks Manual' issued by Natural Resources Canada, Explosives Regulatory Division. Application will be made to the Niagara Falls Fire Department for approval in the normal manner for fireworks displays. We ask that the $70 administrative fee be waived for this City event. An insurance certificate, In the amount of $5,000,000.00 (FIVE MILLION DOLLARS), naming the City of Niagara Falls as an additional insured, is attached. If you have any questions, or comments, please do not hesitate to contact me at (519) 766 -3004. Yours truly, 182188 Side Road 20 East Garafraxa Orton Ontario LON 1 NO Canada Phone: (519) 928 -3334 Fax: (5191 928-5905 David Whysall David Whysall International Fireworks Inc. www.dwrireworks.com TEAM CANADA - Malaysia International Fireworks Competition 2008 SHOW DESIGNER - TEAM CHINA - GlobalFest International Fireworks Competition 2008 - First Place TEAM CANADA - Da Nang International Fireworks Competition 2008 - First Place TEAM CANADA - World Fireworks Championships, U.K 2008 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM'DD/YYYY) 11/17/2009 PRODUCER Phone: 440- 298 -9711 Fax: 440 -248 -5406 Britton - Gallagher and Associates, Inc. 6240 SOM Center Rd. Cleveland OH 44139 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION 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 Y INSURED David Whysall International Fireworks Inc. 182188 Side Road 20 Orton ON LON1NO INSURERA: Commercial Insurance Co. o A INSURER B: GENERAL LIABILITY X INSURER C: 10111340 INSURER 0: 7/16/2010 INSURER E: $5 000,000 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. INSR LTR ADD'L NSR) TYPF OFINSIrANCF POLICY NUMBER POLICY EFFECTIVE DATE(MMrt1D/YYI POUCY EXPIRATION DATF(MMTn/YYI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 10111340 7/16/2009 7/16/2010 EACH OCCURRENCE $5 000,000 DAMAGE TO RENTED PREMMES (Ea ammenoel - $1,000.000 CLAIMS MADE IX 1 OCCUR MEDEXP (Any oneperaon) $ 1,000 GENt PERSONAL &ADVINJURV $ 5,000,000 $ 5,000,000 GENERAL AGGREGATE AGGREGATE LIMIT APPLIES PER: POLICY X P P - LOC PRODUCTS - COMP/OPAGG $ 5 000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINEDSINGLELW Ma=Mem) (P per $ BODILY INJURY Me :Me& PROPERTY DAMAGE (Per sodden) GARAGE LIABILITY ANY AUTO AUTO ONLY- EAACCIOENT $ EA ACC $ AUTO ONLY: AUTO ONLY: AGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEREXECUTIVE OFFICERAIEMBER EXCLUDED? SPI SPECAL PROM IONS EC L PROVISIONS below WC MATU- OTH- TORYI IMITSI PR El. EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /EPBOWL PROMS ONS Fireworks display at permanent location off OPG access road, Niagara Falls ON, on Sunday December 20 2009 for Olympic Winter Games Torch Relay event. Additional insured: City of Niagara Falls, 4310 Queen Street, Niagara Falls ON L2E 6X5; Niagara Parks Commission, 7400 Portage Road South, Niagara Falls ON L2E 6T2; Maid of the Mist Steamboat Company Limited, Maid of the Mist Corporation, 5920 River Road, Niagara Falls ON L2E 6V6; Niagara Falls Illumination Board, c/o 7400 Portage Road South, Niagara Falls ON L2E 6T2 CERTIFICATE HOLDER ACORD 25 (2001/08) CANCELLATION City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Canada SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORED REPRESENTATIVE Q ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies 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 Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department SUBJECT: MW- 2009 -83 Tender - McLeod Road Watermain Replacement From Dell Avenue to Ontario Power Generation Canal Contract # 2009 - 219 -09 RECOMMENDATION MW- 2009 -83 November 30, 2009 1. The contract be awarded to the lowest bidder Centennial Infrastructure (Niagara) Inc. at the tendered price of $1,080,500.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The replacement of the existing Cast Iron watermain on McLeod Road is a priority as part of the City's ongoing watermain replacement program, due to a history of frequent breaks. The location of the watermain in the centre of the road then results in the break repairs being very costly and highly disruptive. Tenders for this contract were opened on Tuesday, November 17, 2009 and the lowest bid of $ 1,080,500.00 received from Centennial Infrastructure (Niagara) Inc. is being recommended for acceptance. This project was part of the approved 2009 Capital Budget. BACKGROUND The existing watermain on McLeod Road was added in 2006 to the Operational Works List forthe City's ongoing Watermain Replacement program. The watermain replacement work on McLeod Road was to be constructed in three phases, with the limits as follows: • Phase 1 - from Drummond Road to Ailanthus Avenue Phase 2 - from Dell Avenue to the Ontario Power Generation (OPG) Canal Phase 3 - from the OPG Canal to Oakwood Avenue The current contract is for the construction of Phase 2. The contract for Phase 1 was awarded earlier this year and the construction work is nearing completion. The final phase will likely be constructed in concert with the Region of Niagara's contract for the road improvements on this section of McLeod Road. The Region is currently conducting the Environmental Assessment for this work. The existing watermain is older Cast Iron pipe, but has been primarily identified for replacement due to the frequent history of watermain breaks. This section of watermain has been rated as "Very Poor" and has 32 recent documented breaks. Due to the amount of traffic on McLeod Road and the fact that the existing watermain is predominantly located -2- along the centreline of the road, any repairs become a costly and highly disruptive exercise. The replacement watermain is also being increased in size, which will provide an improved level of service and increase the efficiency of the distribution system in the area. The Tender Opening Committee, in the presence of the Manager of Clerk's Services, Mr. Bill Matson, and the Manager of Supply and Services, Mr. Ray Miller, opened tenders on at 1:30 p.m. Tuesday, November 17, 2009 for the above noted contract. Tender documents were picked up by fifteen (15) Contractors and ten (10) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). 1. Centennial Infrastructure (Niagara) 2. Cotton Inc. 3. DeRose Bros. 4. Alfidome Construction 5. Alfred Beam Excavating Ltd. 6. O'Hara Trucking & Excavating 7. Peter's Excavating 8. Demar Construction 9. Kenwood Trenching & Excavating Ltd. 10. Provincial Construction ANALYSIS /RATIONALE Niagara -on- the -Lake Niagara Falls Thorold Niagara Falls Fort Erie Incomplete Bid St. Catharines Stevensville Niagara Falls Burlington Niagara Falls $ 1,080,500.00 $ 1,134,293.50 $ 1,135,906.64 $ 1,135,906.67* $ 1,221,161.00 $ 1,253,650.00 - Item Missing Prices $ 1,264,568.00 $ 1,294,231.00 $ 1,295,349.59 $ 1,295,336.01* $ 1,329,710.00 $ 1,380,937.82 The lowest tender was received from Centennial Infrastructure (Niagara) Inc. in the amount of $ 1,080,500.00. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $ 1,200,000.00. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within Eighty (80) working days of construction start. FINANCIAL IMPLICATIONS This work was included in the approved Municipal Works Capital Budget for 2009, carried over from the approved 2008 Capital Program. This is the second of three phases for the construction of the improvement works. The total estimated expenditure for all three phases was $1,800,000, which was previously funded and the monies reserved. The recommended expenditure is for the amount of $ 1,080,500.00 from Account # 12 -3- 430020- 030000. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Project meets the intent of Council's Strategic Priorities to -3- establish infrastructure investment priorities, and to strengthen and promote economic development within the City. ATTACHMENT 1. Location Plan Recommended by: Approved by: Respectfully submitted: rector of Municipal Works Ed Du Iovic, Executive Drectorof Community Services Ken T dd, Chief Administrative Officer K. Schachowskoj V:12009COUNCIL \2009 11 30 \MW- 2009 -83 - Tender 2009 - 219 -09 McLeod Road Watermain Replacement Phase 2.wpd PROGRAM/PROJECT: McLEOD ROAD WATERMAIN REPLACEMENT 2009 BUDGET: PROGRANUPROJECT DESCRIPTION: Watermain replacement along McLeod Road from Oakwood to OPG Canal, OPG Canal to Dell, Drummond to Ailanthus. Potential to construct in 2 phases. FUNDING SOURCE Special Purpose Reserve $1,800,000 2009 BUDGET $1,800,000 Wi 21 Niag afiff/M PRC- 2009 -34 NiagaraJ7alls November 30, 2009 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Parks, Recreation & Culture SUBJECT: PRC- 2009 -34 Tender TR14 -2009 For the Supply and Installation of Baseball Field Lighting at the Patrick Cummings Memorial Sports Complex RECOMMENDATION That the tender from Kraun Electric Inc. (45 Wright Street, St. Catharines, ON. L2P 3J5) for the supply and installation of baseball field lighting at the Patrick Cummings Memorial Sports Complex in the amount of $430,000.00 (excluding GST) be approved. EXECUTIVE SUMMARY The park expansion project at Patrick Cummings Memorial Sports Complex which received funding through the Recreation Infrastructure Canada (RInC) and Ontario Recreation (Ontario REC) programs is generally comprised of: play area and washroom work, baseball shade structure, play area parking, pathways, a natural multi use sports field, natural soccer pitch, electrical room upgrades, and sport field lighting on two fields. Baseball field lighting was included in the project two (2) of the six (6) existing ball fields. See Attachment #1 for a plan of Patrick Cummings Memorial Sports Complex illustrating the baseball diamonds to be lit. BACKGROUND A tender call was issued on October 8, 2009 (TR14 -2009) for two (2) baseball field lighting systems to be constructed and closed on November 10, 2009. Five (5) bidders responded to the call as listed below: BIDDER ADDRESS BID PRICE (Excluding GST) Kraun Electric Inc. 45 Wright Street, St. Catharines, ON. L2P 3J5 $430,000.00 G. E. Galbraith Electric Ltd 3 Seapark Drive, St. Catharines, ON. L2M 6S5 $474,944.24 $ Sam Young Electric Ltd. 11290 Golf Course Road, RR #2, Port Colborne, ON. L3K 5V4 $483,539.76 Procon Niagara, Division Of 1149855 Ontario Inc. 401 Enterprise Drive, Welland, ON. L3B 6H8 $493,836.00 Weinmann Electric Ltd. 211 Courtwright Street, Fort Erie, ON. L2A 2R9 Returned unopened (non- compliant bid) November 30, 2009 - 2 - Staff completed a thorough review of each bid and found the bid submitted by Kraun Electric Inc. was the lowest bid ($430,000.00, excluding GST) and met all necessary requirements. The original estimate for the sports field lighting, as outlined in Grant Programs Application Update (CPS- 2009 -07), was approximately $500,000. FINANCIAUSTAFFING /LEGAL IMPLICATIONS Financial Impact of Expenditures (excluding GST) Approved in 2009 Capital Budget Project P -38 Tendered Costs $ 430,000.00 $1,963,500.00 PRC- 2009 -34 Budgeted Amount (12 -3- 710038 - 030000) Spent or Committed to Date $ 207,000.00 (approximately) Available Funds $ 1,326,500.00 (approximately) This tender represents one part of the overall project and further expenditures will be made. The tendered price is within original forecasts. LIST OF ATTACHMENTS 1. Patrick Cummings Memorial Sports Complex - Baseball Field Site Plan November 30, 2009 Recommended by: Approved by: Respectfully submitted: •3- kiac 1, Denys Morrissey Direct of Par , kj, creatioq( & Culture f Ed Dujlovic, Ke�Todd Chief Administrative n strative Officer S:\Council \Council 20091FRC- 2009 -34 Supply and Installation of Field Lighting Systems at.wpd PRC- 2009 -34 xecutive Director, Community Services PRC- 2009 -34 CC 0 st mart s � • WEINBRENNER ROAD A _ s Qa a 1 1 TOWN HOMES 3 ml WilliaLaWL - CHIPPAWA WILLOUGHBY MEMORIAL AREANA CHILDRENS PLAY AREA 1 E Ti L S DIA. #4 DIAMOND \TO BE LIT DIA. # DIAMOND TO BE i LIT ATTACHMENT #1 NOVEMBER 30, 2009 J 3 FARM LAND PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX FARM LAND TENDER TR 14 - 2009 FARM LAND FOR THE SUPPLY AND INSTALLATION OF BASEBALL FIELD LIGHTING AT THE PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services November 30, 2009 SUBJECT: TS- 2009 -54 Downtown BIA Request for 2 -hour on- street free parking in December RECOMMENDATION TS- 2009 -54 That two -hour free parking at on- street parking meters and on- street pay and display machines only, in the Downtown Core, during the Month of December, be approved. EXECUTIVE SUMMARY The Downtown Board of Management on annual basis has requested that 2 -hour free parking at all on- street pay parking locations be approved. Council has approved this request the past 10 years. BACKGROUND The Downtown Board of Management has once again submitted a request to have free parking implemented at on- street parking meters and on- street pay and display machines during the month of December. During the free parking time, those patrons who overstay the 2 -hour grace period at the on- street meters and on- street pay and disptay will be subject to parking fine. Patrons requiring to park longer than two hours may use one of the many Downtown Municipal Pay Parking Lots and pay the associated parking fees. ANALYSIS /RATIONALE Typically, BIA's would be responsible for the lost revenue that would have been generated. Council has been supporting this request for the last ten years at no cost to the Downtown BIA. FINANCIAL/STAFFING /LEGAL IMPLICATIONS The lost revenue associated with the free parking initiate in the Downtown Core during the month of December is estimated to be $3,800.00 to $4,500.00. November 30, 2009 Recommended by: Approved by: Respectfully submitted: Paul Brown -2- ren, Director of Transportation Services TS- 2009 -54 Ed Dujlovic, Exec ive Director of Community Services Ken Tod , Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to establish Part 31 on Reference Plan 59R -13977 as a public highway, to be known as and to form part of Rexinger Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Concession Broken Front Welland River Willoughby; Part Lot 3 Concession Broken Front Welland River Willoughby; Part road allowance between Lots 2 and 3 Concession Broken Front Welland River Willoughby (closed by By -law R0619487) designated as Part 31 on Reference Plan 59R- 13977; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Concession Broken Front Welland River Willoughby; Part Lot 3 Concession Broken Front Welland River Willoughby; Part road allowance between Lots 2 and 3 Concession Broken Front Welland River Willoughby (closed by By -law R0619487) designated as Part 31 on Reference Plan 59R -13977 that is hereby established as a public highway, be known as and form part of Rexinger Road Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009. November 30, 2009. November 30, 2009. A by -law to authorize the execution of a Development Agreement with Oakwood Place Shopping Centres Inc. respecting a shopping centre development, subject to all conditions of the Agreement being met to the satisfaction of the Director of Municipal Works. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Development Agreement dated the 17 day of November, 2009 and made between Oakwood Place Shopping Centres Inc. and The Corporation of the City ofNiagara Falls with respect to the lands comprised of Part Township Lots 178 and 187 in the former Township of Stamford, City of Niagara Falls, Regional Municipality of Niagara subject to the terms and conditions as described in the Development Agreement, an excerpt of the first page attached as Appendix "1" and shown on Schedule "A" attached as Appendix "2" and providing for the payment by the Developer of Municipal Works Items as described in Schedules "C ", "C -1" and "D ", a copy of which Schedules are attached as Appendices "3 ", "4" and "5" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required road widenings, easements described in Schedule "F ", a copy of which Schedule is attached as Appendix "6" is hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Development Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Development Agreement and to permit registration of the proposed Reference Plan(s), and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Development Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Municipal Works that all of the City's conditions for the execution of the said agreement have been satisfied. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009. November 30, 2009. November 30, 2009. CITY OF NIAGARA FALLS By-law No. 2009 - THS AGREEME made this day of 2009 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" Oakwood Place Shopping Centres Inc. Hereinafter called the "Developer" Sehedulx Page 1 OF THE FIRST PART OF THE SECOND: PART WHEREAS the City is the owner of a road Imovar. as Oakwood Drive hereinafter called the "Street", in the City ofNiagaraPafs.. AND WHEREAS the Developer is the owner of certain lands and premises west of the Street in the City of Niagara Falls. AND WHEREAS the Developer has made an application Wile No. AM 4:6/2006) tinderr tho.Plann Act, R.S.O. 1990, for Official Plan By -law amendment to permit a shopping CENTRES development on the lands. AND. WHEREAS a condition of the above referenced application requires the Developer to enter into a development agreement with the City regarding off servicing. AND WHEREAS the Developer wishes to carry ont certain development upon i its said lands and premises. AND WHEREAS this development will generate increased traffic onthe Street and requires improvements to the Street. AND WHEREAS changes to-the Street will be necessary to accommodateMe development rani the 'increased traffic. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration .of thenmtual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out the parties hereto agree as follows: 1. LANDS AFFECTED The lands affected by this agreement are all those lands described in Schedule "B" attached hereto (hereinafter referred to as "the lands'),. and the Developer warren ;sthatlt is the registered owner thereof free and clear of all eneutnbrances. 2. RECITALS The Developer agrees that all of the recitals to this agreement are true and accurate and shall form parr of this agreementand that the Schedules "A ",'B" "C ","l1';' ; "E ", "F'; attached hereto shall form part of this agreement. Glow Schedule 'A' Oakwood Place Shopping Centres Inc. Schedule Page 16 e. EfLC li( .711 1r F ! SAL AM Rezoning File.ANOM1-4 6-2006 Oakwood DriveSchedula A - Oakwood Shopping Mace Cepoie.wptl 0 *Developers Share of Cost Items I. Sanitary Sewermains Oakwood Drive to Regional Sewer 2. Storm Sewermains Oakwood Drive Storm Sewer 3. Granular Roads Excavation and Granular "A" base of road. 4. Base Road Schedule "C" Oakwood Place Shopping Centres Inc. Summary - Cost of Services Column I Total Estimated Cost $91,875 $301,070 $760,410 Column 11 Cash Deposit Payable Column 111 Schedule Page 18 Estimated Letter of Credit When Agreement Si•ned When Agreement Si.ned $91,875* $83,074* $45,695* Curb and gutter and base asphalt paving of the road. $325,390 541,265* 5. Finished Road Surface asphalt paving of the road & sodding /seeding boulevards, paint markings. $201,880 Q Sidewalks West side of Oakwood Drive. $52,000 $0* 7. Streetlighting $100,000 $0* 8. Traffic Signals $180,000 $180,000* 9. Tree Planting $32,000 $0* $26,900* APPENDIX 2 " *Developers Share of Cost 10. General Items Items Field office, bonding, traffic control, surveying. 10 % Contingency on Non -Cash Items 1 to 9 inclusive. 11. Engineering Costs Schedule "C" Oakwood Place Shopping Centres Inc. Summary - Cost of Services Sub Totals $155,000 $0* $2,199,625 $219,965 Fees for services beneficial to Subdivider only. Totaling $1,657,809. Refer to Schedule Cl for detail breakdown. a) City's 3.0% administration fees. $49,735 $49,735 b) Engineering fees 2.5% for inspection of works. $41,445 541,445 c) Streetlight inspection fee. N/A N/A $468,809 $46,881 Total Estimated Costs $2,510,770 $91,180 $515,690 Schedule Page 19 Column I Column II Column III Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Si ned Cost of Services Beneficial to Subdivider Only ITEM COST Storm Culvert Traversing Site Oakwood Drive Sewer Cost Sharing Sanitary Schedule 'C1' Oakwood Place Shopping Centres Inc. $1,369,000 $ 83,074 Sewer Servicing Site $ 91,875 Oakwood Drive to Regional Main Roadworks Granular Road $ 45,695 Base Road $ 41,265 Finished Road $ 26,900 TOTAL $1 657,809 Schedule Page 20 SAl. AM Rezoning Files120061AM -46 -2006 Oakwood Drive\Schedule Cl - Oakwood Shopping Place Centre.wpd mg- 0 W 0 Cost Sharing of Services ITEM TOTAL CITY DEVELOPER A. Storm System $301,070 $217,996 $83,074 B. Granular Roads $760,410 $714,715 $45,695 C. Base Roads $325,390 $284,125 $41,265 D. Finished Roads $201,880 $174,980 $26,900 E. Sidewalks $52,000 $52,000 $0 F. Streetlighting $100,000 $100,000 $0 G. Traffic Signals $180,000 $0 $180,000 Fi. Tree Planting $32,000 $32,000 $0 I. General $155,000 $155,000 $0 J. Sanitary System $91,875 $0 $91,875 K. Utility Relocations* $100,000 $100,000 $0 L. Engineering Fees* $252,930 $207 698 $45,232 TOTAL 5$ . 52.555 $2,038,514 $514,041 (100 %) (79.9 %) (20.1 %) *In Addition to Schedule C Items Schedule `D' Oakwood Place Shopping Centres Inc. Schedule Page 21 S: \I. AM Rezoning Files\2006\AM -46 -2006 Oakwood Drive \Schedule D - Oakwood Shopping Place Centre.wpd 0 z Schedule `F' Oakwood Place Shopping Centers Inc. Easements and Lands to be deeded to the City of Niagara Falls. a) Easements - To be granted to the City beyond the road allowance i) Part of Township Lot 187 being Part - for storm sewer and outfall on Ontario Power Generation lands. ii) Part of Parts 4 and 5 59R -13668 being Parts - for sanitary sewer iii) Part of Part 1 59R -13668 being Part - for storm sewer (culvert) iv) Part 59R - traffic signal equipment at entrance. b) Lands to be granted to the City for Road Widening Purposes i) Part 59R- ii) Part 59R- and further as required. Schedule Page 23 S: \l. AM Rezoning Files\20061AM -46 -2006 Oakwood Drive \Schedule F - Oakwood Shopping Place Centre.wpd X CITY OF NIAGARA FALLS By -law No. 2009 - A by - law to amend By - law No. 79 - 200, to permit the land to be used for a group home. 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 in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is 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 that 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 permitted uses and regulations governing the permitted uses on and of the Lands 4. The permitted uses shall be (a) Uses permitted in a R5A zone (b) Group home type 1 5. The regulations governing the permitted uses shall be: (a) Minimum parking and access 3 parallel parking spaces, without a requirements for agroup home manouvring aisle on the Lands type 1 (b) The balance of regulations specified for a R5A use 6. For the purposes of this by -law: (a) "Group Home Type 1" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to ten (10) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being, but does not include a Group Home Type 2. 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this By -law shall be shown on Sheet C3 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from R5A and numbered 93 to RSA and numbered 885. 11. By -law No. 82 -237 is repealed. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.885 Refer to By -law No. 2009 - Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: (b) "Group Home Type 2" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, that is maintained and operated primarily for persons who have been placed on probation or released on parole under provincial or federal statute, or youth who have been charged under provincial or federal statute and who have been placed in detention or custody. November 30, 2009 November 30, 2009 November 30, 2009 S:IZONINGIAMS\20091B Y -LA W S\Byam0l 6. wpd -2- SCHEDULE 1 TO BY -LAW No. 2009- Subject Land Sas THOROLD STONE RD 286m 3 m O 0 C 22.86 m la Mill CRAWFORD ST ■■..... 1 Description: Lt 28 PI 48 Stamford; Pt Lt 27 PI 48 Stamford As In R0724962; Niagara Falls Applicant: Niagara Child and Youth Services Foundation Assessment #s: 272504001416800 K: \GIS_ Requests\ 2009\ Schedules \ZoningAM\AM- 16\mapping.map Amending Zoning By -law No. 79 -200 1: NTS AM- 2009 -016 November 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 79 -200, to permit the option of developing the two parcels as one lot. 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 in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is 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 that 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 permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be: (a) Deemed lot the Lands may be considered one lot (b) The balance of regulations specified for a GC use 6. 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. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By -law shall be shown on Sheet B4 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 886. -2- 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.886 Refer to By -law No. 2009 - Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009 November 30, 2009 November 30, 2009 S:IZONINGIAMS120091BY -LA WS1Byam0l7.wpd SCHEDULE 1 TO BY -LAW No. 2009- Subject Land Applicant: Saverio Maci 0 0 rn 0.4 GLENGATE ST GALLINGER ST WILLIAM ST I 111111 1 PERKINS ST Description: Pt Twp Lt 90 Stamford, Pt 1, 59R13752; Niagara Falls Lt 20 PI 39 Stamford; Niagara Falls Assessment #s: 272505000104900 and 272505000105000 K:\ GIS_Requests\ 2009\ Schedules \2oningAM\AM- 17\mapping, map Amending Zoning By-law No 79 -200 1:NTS AM- 2009 -017 November 2009 CITY OF NIAGARA FALLS By -law No. 2009 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D4" and that Schedule "D4" attached hereto shall be inserted in lieu thereof. 2. That By -law 2008- 030 be hereby repealed. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009. November 30, 2009. November 30, 2009. SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Mike Bourdon Tom Brittian Blair Cottage Dylan Dance Dean Murray Mike Van Maarren Jason White Jason Young 1. (1) COLUMN 1 HIGHWAY Crawford Street (2) COLUMN 1 HIGHWAY Heikoop Crescent Val C ANADC LT" IT Y OF o N lAL THE CORPORATION OF THE CITY OF NIAGARA FALLS 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. (Stopping Prohibited, Parking Prohibited) 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 removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 2 COLUMN 3 COLUMN 4 SIDE BETWEEN TIMES OR DAYS North Confederation Avenue and a point 90 metres At all times east of Confederation Avenue Except by Permit by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN COLUMN 3 COLUMN 4 SIDE BETWEEN TIMES OR DAYS Both Kelly Drive and Parkside Road 8:00 a.m. to 10:00 a.m. and 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 (3) -2- by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Heikoop Crescent North Kelly Drive and Parkside Road 8:00 a.m. to 10:00 a.m. and 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 Heikoop Crescent South Parkside Road and 8:00 a.m. to 10:00 a.m. point 120 metres east of Parkside Road and 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 Heikoop Crescent South A point 136 metres east of Parkside Road 8:00 a.m. to 10:00 a.m. and Kelly Drive and 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 (4) by adding to the specified columns of Schedule C thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN First Reading: Second Reading: Third Reading: November 30, 2009 November 30, 2009 November 30, 2009 PARKING PROHIBITED Heikoop Crescent South A point 120 metres east of Parkside Road and At All Times a point 136 metres east of Parkside Road Except by Permit This By -law shall come into force when the appropriate signs are installed or removed. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS THE CORPORATION OF THE CITY OF NIAGARA FALLS 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 (Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Heavy Vehicle Restriction) and to repeal By- law No. 2009 -138. The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN HIGHWAY SIDE BETWEEN TIMES OR DAYS Britannia Cres. North A point 5 m West of Portage Rd. and 8:OOam. to 8:OOpm the West limit of Britannia Cres. Britannia Cres. North Portage Rd. and a point 50 m West At any time Corwin Avenue Both A point 75 metres south of Lundy's Lane and At all times Spence Street Except by Permit Culp St. South Main St. and a point 42 m West At any time Culp St. South Dawlish Ave. and a point 23 m West At any time Culp St. South Dawlish Ave. and a point 53 m East At any time Cummington Sq. W. West A point 10m north of Main Street and At any time Cummington Sq. W. to a point 30m north Police Only -2- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Cummington Sq. W. Both Main Street and Cummington Sq. W. At any time and a point 10m north Magdalen St. West Lewis Ave and Ellen Ave. At any time (2) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Britannia Crescent North A point 50 metres west of Portage Road and 8:00 a.m. to 8:00 p.m. the western limit of Britannia Crescent Britannia Crescent North Portage Road and a point 50 metres At any time west of Portage Road Corwin Avenue Both A point 70 metres south of Lundy's Lane and At All Times Spence Street Except by Permit Culp Street South Dawlish Avenue and a point 22 metres At any time east of Dawlish Avenue Cummington West Main Street and At All Times Square West a point 29 metres north of Main Street Cummington East Main Street and At All Times Square West a point 10 metres north of Main Street Cummington West A point 29 metres north of Main Street and At All Times Square West a point 35 metres north of Main Street Except by Disabled Permit Finlay Avenue East Symmes Street and a point 22 metres At All Times south of Symmes Street Stamford Street South Ottawa Avenue and a point 27 metres At All Times east of Ottawa Avenue (3) by deleting from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Glenoaks Avenue East Thorold Stone Road and Forest Glen Drive COLUMN 4 TIMES OR DAYS 8:00 a.m. and 4:30 p.m. Monday to Friday, Excluding Holidays (4) by adding to the specified columns of Schedule A thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Glenoaks Avenue (5) by adding to the specified columns of Schedule G thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES 1 DAYS Erie Avenue East Bridge Street and $0.75 / 1 hour 2 hours Park Street $0.25 / 20 min (6) by adding to the specified columns of Schedule S thereto the following item: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES OR DAYS Grey Avenue Peer Street and Ferry Street 2. By -law 2009 -138 is hereby repealed. This By -law shall come into force immediately. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: November 30, 2009 Second Reading: November 30, 2009 Third Reading: November 30, 2009 -3- STOPPING PROHIBITED East Thorold Stone Road and Forest Glen Drive 8:00 a.m. to 10:00 a.m. And 2:00 p.m to 4:00 p.m. Monday to Friday, Excluding Holidays September 1 to June 30 PARKING METER ZONES HEAVY VEHICLE RESTRICTION COLUMN 4 TIMES OR DAYS 9:00 a.m. to 5:00 p.m. Except Saturdays, Sundays & Holidays At All Times Including "No Buses" "Up to $5,000 Fine" CITY OF NIAGARA FALLS By -law 2009 - A by -law to authorize the execution of the 2009 - 2010 Collective Agreement with the Niagara Falls Professional Fire Fighters Association. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between The Corporation of the City of Niagara Falls and the Niagara Falls Professional Fire Fighters Association respecting remuneration, benefits and working conditions for the period January 1, 2009 to December 31, 2010, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Collective Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Collective Agreement. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009 November 30, 2009 November 30, 2009 CITY OF NIAGARA FALLS By -law No. 2009 - Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2008 -223 is hereby repealed upon completion of the 2009 Council schedule. Passed this thirtieth day of November, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 30, 2009 November 30, 2009 November 30, 2009 January 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 c �� SCHEDU ° �'° 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 © (7:00 PM - 9:00 PM) Council Meeting 26 27 28 29 30 31 Schedule Council 11/24/2009 - 11:25 AM February 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 © (8:30 AM - 11:59 PM) Family Day 16 17 18 19 20 21 22 (7:00 PM - 9:00 PM) Council Meeting 23 24 25 26 27 28 Schedule Council 11/24/2008 - 11:25 AM March 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 0 (7:00 PM - 9:00 PM) Council Meeting 9 10 11 12 13 14 15 0(8:30 AM - 11:59 PM) March Break 16 0(8:30 AM - 11:59 PM) March Break 17 0(8:30 AM - 11:59 PM) March Break 18 0(8:30 AM - 11:59 PM) March Break 19 0 (8:30 AM - 11:59 PM) March Break 20 21 22 0 (7:00 PM - 9:00 PM) Council Meeting 23 24 25 26 27 28 29 30 31 Schedule Council 11/24/2009 -11:25 AM April 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 O (8:30 AM - 11:59 PM) Good Friday 3 4 5 O (8:30 AM - 11:59 PM) Easter Monday 6 7 8 9 10 11 12 O (7:00 PM - 9:00 PM) Council Meeting 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O (7:00 PM - 9:00 PM) Council Meeting 27 28 29 30 Schedule Councll 11/24/2009 - 11:26 AM May 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 G (7:00 PM - 9:00 PM) Council Meeting 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 (8:30 AM - 11:59 PM) Victoria Day 25 26 27 28 29 30 31 0 (7:00 PM - 9 PM) Council Meeting Schedule Council 11124/2009.11:26 AM June 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 O (7:00 PM - 9:00 PM) Council Meeting 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O (7:00 PM - 9:00 PM) Council Meeting 29 30 Schedule Council 11/24 /2009 -11:27 AM July 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 (7:00PM -9:00 PM) Council Meeting 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1112412009.11:27 AM August 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 O (8:30 AM - 11:59 PM) Civic Holiday 3 4 5 6 7 8 9 0 (7:00 PM - 9:00 PM) Council Meeting 10 11 12 13 14 15 16 O (8:30 AM - 4:30 PM) AMO Conference 17 0 (8:30 AM - 4:30 PM) AMO Conference 18 0 (8:30 AM - 4:30 PM) AMO Conference 19 20 21 22 23 24 25 26 27 28 29 30 O (7:00 PM - 9:00 PM) Council Meeting 31 Schedule Council 11/24/2009 - 11:27 AM September 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 © (810 AM - 11:59 PM) Labour Day 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 © (7:00 PM - 9:00 PM) Council Meeting 21 22 23 24 25 26 27 28 29 30 Schedule Council 11/2412009 - 11:28 AM October 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 ©(7:00PM -9:00 PM) Council Meeting 5 6 7 8 9 10 11 © (8:30 AM - 11:59 PM) Thanksgiving 12 13 14 15 16 17 18 19 20 21 22 23 24 25 © (10:00 AM - 8:00 PM) Municipal Election* 26 27 28 29 30 31 Schedule Council 11/24/2009 - 11:28 AM November 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 0 (7:00 PM - 9:00 PM) Council Meeting 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Schedule Council 11/24/2009 -11:29 AM December 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 G (7:00 PM - 8:00 PM) Inaugural Council Meeting 7 8 9 10 11 12 13 G (7:00 PM - 9:00 PM) Council Meeting 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 11/24/2000 - 11:29 AM Passed this thirtieth day of November, 2009. First Reading: Second Reading: Third Reading: November 30, 2009 November 30, 2009 November 30, 2009 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 30` day of November, 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: The actions of the Council at its meeting held on the 30' day of November, 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 ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR