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2010/08/09COUNCIL MEETING Monday, August 9, 2010 Order of Business and Agenda Package Niagara a11s CANADA COUNCIL MEETING August 9, 2010 O CANADA Jenna Greco will sing 0 Canada PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of July 19 2010 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Pool and Child Safety Elaine Bassett- Kollee will address Council on how to implement simple safety measures to avoid infant pool drowning. Public Meeting AM- 2010 -016, Official Plan and Zoning By -law Amendment Application 4407 Montrose Road Applicant: Rosemary Cordasco Proposed Cosmetic Treatment Clinic Background Material: Recommendation Report: PD- 2010 -68 -AND- ** * * * AN D- DEPUTATIONS /PRESENTATIONS PLANNING MATTERS Correspondence from the Niagara Region Correspondence from Michael Mannella Correspondence from Pat & Enza Cimato RECOMMENDATION: Refer to staff. 2 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Metis Nation of Ontario - Requesting that a flag be flown at City hall the week of November 16 -22, 2010 commemorating Louis Riel. RECOMMENDATION: For the Consideration of Council. 2. Copacabana - Requesting an amendment to the City's Business Licensing By -law to permit a refreshment vehicle on property that already possesses a restaurant licence. 3. Theresa Roth - Requesting that Council consider conveying the former rail property to the Park Street residents. RECOMMENDATION: Refer to staff. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the property matter. L- 2010 -12 - Declare Surplus Old Parks & Recreation Building, 7565 Lundy's Lane * * * ** 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2010 -04 - Niagara Convention and Civic Centre Construction Update F- 2010 -46 - Major Receivables - June MW- 2010 -32 - Changes to Minimum Maintenance Standards - Roads PD- 2010 -65 - CB &FIG - 2010 -003, Downtown CIP Grant, 4593 Queen Street TS- 2010 -07 - Authority to Designate Position to Approve Traffic Signal Designs F- 2010 -45 - OMPF Report -AND- 2010 -119 2010 -120 RESOLUTIONS THEREFORE BE IT RESOLVED that the Province be petitioned to continue the OMPF funding to municipalities in the non - specific area classification; or, in the alternative BE IT RESOLVED that the Province phase in the funding reduction over four (4) years to allow municipalities the opportunity to plan for the shortfall. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A Deeming by -law to designate Part of Range 21, Plan 1 Stamford and Lots 28, 31 and 32 and Part of Lot 34, Plan 270 Village of Niagara Falls to be deemed not to be within registered plans of subdivision. A by -law to amend By -law No. 79 -200 and repeal By -law No. 2004 -17, to permit an expansion of a hotel, to establish site specific parking provisions and to permit a portion of the required parking to be located off -site. (AM- 2010 -014) 2010 -121 4 A by -law to amend By -law No. 79 -200, to permit a restaurant, and a retail store ancillary to a warehouse on the Lands, in addition to the uses permitted in a LI zone. (AM- 2010 -010) 2010 -122 A by -law to designate Lots 2, 3 and 4, Plan 160 to be deemed not to be within a registered plan of subdivision. 2010 -123 A by -law to delegate the signing authority for the approval of the erection or installation of traffic control signal systems located within the City of Niagara Falls, to the Director of Transportation Services. 2010 -124 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2010 -125 A by -law to establish Block 41, Plan 59M -97 as a public highway, to be known as and to form part of Grouse Lane. 2010 -126 A by -law to amend By -law No. 2005 -112, being a by -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster - resilient community. 2010 -127 A by -law to declare Parts 1 -5 on Reference Plan 59R- 14301, in the City of Niagara Falls, surplus. 2010 -128 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9' day of August, 2010. NEW BUSINESS .18/3/2010) Teresa Fabbro Fwd singer Page 1 From: Dean Iorfida To: Teresa Fabbro Date: 7/26/2010 7:43 AM Subject: Fwd: singer »> "Laurie" <tanezCacogeco.ca> 7/23/2010 8:56 PM »> Your singer for August 9 is Jenna Greco. She has been informed that she will be singing a capella Jenna's Autobiography My name is Jenna Greco. I am a 12 year -old student entering grade 7 at Notre Dame Elementary School. I have always shared a strong passion for music since I was 4. At the age of 5 I began taking vocal lessons at NIOMA (Niagara Institute of Music and Arts). I also take piano lessons. As well, my hobbies include playing baseball, travel basketball, dance, and swimming. Lastly I take pleasure in spending time with my family and friends, including taking my dog Haley out for long walks. Laurie (7/16/2010) Dean Iorfida - Rylands Pool Safety Lock.doc Page 1 RYLAND'S POOL SAFETY TOP -LOCK As pool owners, many of us never think that a child's drowning could occur in our pool. Sadly, this year has been particularly deadly for young people and toddlers in our region. Did you know that drowning is a leading cause of death of children, second only to automobile accidents? A study by the Canadian Red Cross shows infants and toddlers aged 1 -4 years have among the highest drowning rates in Canada. "The tragedy of drownings and near - drownings are particularly heart - wrenching when you consider most of these incidents were preventable, " said Rick Caissie, Canadian Red Cross National Director of Injwy Prevention Programs. "Toddlers are at high risk because they are naturally curious. And while they are able to walk, they are unstable, tend to be unaware of and unable to assess risks in their environment. They also lack the capacity for self rescue." Don't let your pool be the site of such a tragedy. Keep it safe by following this additional suggestion. Install a lock in the top five inches of each and every door leading into the yard containing the swimming pool. The lock could be a chain, a sliding bolt, or even as simple as a large hook and eye. Toddler death can be prevented by such a simple three dollar installation. A toddler could slip into the yard completely unnoticed. Most of us think that could never happen to us. We watch our toddlers constantly, right? Think again. The mere flushing of a toilet, or a minute -long vacuum session to clean a spill can cause enough noise to mask the sound of the door opening and closing as the child enters the yard. Or a child that rises early and tip toes downstairs in their bathing suit to enjoy an independent swim before the rest of the household wakes up. Drowning is a silent death. The toddler (7/16/2010) Dean Iorfida - Rylands Pool Safety Lock.doc Page 2 slips into the pool, their lungs fill in a gasp or two and they sink. It's that quick and it's that quiet. There is no time for screaming for help, there's rarely any splashing. In the five minutes a caregiver spends looking for the toddler, the unthinkable has happened and has changed the family forever. A child who has just turned two is already capable of quickly unlocking a door's mid - height deadbolt. Toddlers are fast and they are crafty; but a lock at the very top of the door would be impossible for a toddler to open even if standing on a chair. We do understand that these locks may not always be latched; but also point out that a lock is impossible to use if it is never installed. A sticky -note applied to the door simply saying "CHAIN" or "TOP LOCK" is enough to remind family members and guests to look up and engage the lock; a reminder to save a life. A small amount of family training is all it takes to protect a young person's right to grow old. A home does not have to house a toddler or small child to require a top -lock. I think we would all be hard - pressed to find a home with a pool that has not had a small child as a day visitor or overnight house - guest. We are all parents, grandparents, aunts, uncles, or friends of young people, we must absolutely do our utmost to prevent senseless drownings. Install your top -lock and use it! Just as you installed your yard fencing and self - closing latches outside, protect the people inside your home, family and visitors alike. There are approximately 38,000 private pools in Ontario, so the danger is real, " said Caissie. "The solution is security and supervision. There is no substitute for adult supervision. By Elaine Bassett- Kollee 2010 (7/16/2010) Dean Iorfida - Pool Safety Locks From: To: Date: Subject: Attachments: Hello Mr. Iorfida, "ELAINE" <dashwoodl 1 @cogeco.ca> <diorfida @niagarafalls.ca> 7/14/2010 12:46 AM Pool Safety Locks Rylands Pool Safety Lock.doc I have completed and attached my piece about pool top -lock safety. I hope you can pursuade city council to allow it to be passed on to each home owner at the time of their pool inspection. We feel very passionately about this inexpensive yet effective addition to home pool safety. Thank you so much for your time in this important matter. Most Sincerely, Elaine Bassett - Kollee Page 1 Elaine & Joe Kollee 7518 Luna Park Court Niagara Falls, ON L2H 3H3 (905)356 -7672 May 24, 2010 Mayor Ted Salci Niagara Falls City Hall Queen Street Niagara Falls, ON Dear Mr. Salci: CLERK'S MAY z8z010 In observance of the tragic drowning of family friend and Niagara Falls resident, 2 & 1/2 year old Ryland Swayze, on May 20, 2010, we respectfully request that Niagara Falls City Council consider adding the following requirement to the inspection process of every new pool in Niagara Falls. That a lock must be installed in the top five inches of each and every door leading into the yard containing the swimming pool. The lock could be a chain, a sliding bolt, or even as simple as a large hook and eye. Ryland's death could have so easily been prevented by such a simple installation. He slipped into the yard, removed his clothes and entered the pool expecting to enjoy an independent swim while his grandmother had the vacuum running indoors. This tragedy took less than five minutes and if a lock had been there to prevent the toddler from opening that back door, Ryland would be here enjoying the Victoria weekend with his parents and siblings. Our son has just turned two and he is already capable of quickly unlocking our doors' mid - height deadbolts. Toddlers are fast and they are crafty; but a lock at the very top of the door would be impossible for a toddler to open even if standing on a chair. We do understand that these locks may not always be latched; but also point out that a lock is impossible to use if it is never installed. If the locks are installed at the time of the pool installation, the inspector can brief the family on the dangers of toddler and child drowning. A home does not have to house a toddler or small child to require a top -lock. I think we would all be hard - pressed to find a home with a pool that has not had a small child as a day visitor or overnight house - guest. More than thirty years ago, my family had a relative lose their six year old son at a grandparent's house when he woke early, donned his bathing suit and went out for a swim. Again, there was no top -lock on that door either. We have by -laws requiring yards to have tall fences and gates with instant - close mechanisms which prevent neighbourhood children from entering the pool area. Now, we absolutely must add a by -law requiring that children on the inside of the house be protected as well; Ryland's by -law. We will be forwarding this request to the city counselors in all area municipalities in hopes of preventing more senseless swimming pool drownings and loss of young lives. We greatly appreciate your time and consideration in this devastating and important matter. Most Sincerely, Elaine & Joe Kollee CC ct- In loving memory of Ryland Cameron Stewart Swayze June 9, 2007 — May 20, 2010 Mr. & Mrs. Joe & Elaine Kollee 7518 Luna Park Court Niagara Falls ON L2H 3H3 Dear Mr. & Mrs. Kollee: Re: Swimming Pool Locks Niag araa11s CANADA June 11, 2010 Your letter to the Mayor's Office regarding the matter noted above was forwarded to me. My condolences to your family friends, the Swayze's. It is tragic when a young life is lost under such circumstances. I appreciate the desire to bring something positive out of such a tragedy and applaud your efforts to see appropriate by -laws in place. The City of Niagara Falls Swimming Poll By -law (see attached) already requires: "Each gate shall be equipped with self - closing, self - latching devices placed at the top and on the inside of the gate." Our Building inspectors do check for these devices when inspecting newly installed pools. Unfortunately, after the initial inspection, it is the responsibility of the home owner to maintain any lock or latch. Often home owners will neglect maintenance on their pool gates, sometimes leading to tragic results. Please read over our by -law and if you see any areas in which it could be strengthened, please let me know and I will bring your suggestions forward. c. His Worship Mayor Ted Salci & Members of Council John Castrilli, Chief Building Official Sincerely, t2/ Dean Io Ida City Clerk ueen Str eet,, P.O.. Box 1023, Niagara Falls, ON, Canada L2E 6X5. 905 - 356 -7521 www niagarafal ls.ca Working Together to Serve Our Community Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida @niagarafalls.ca PD- 2010 -68 Niagara,Falls August 9, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -68 AM- 2010 -016, Official Plan & Zoning By -law Amendment Application 4407 Montrose Road Applicant: Rosemary Cordasco Proposed Second Floor Clinic RECOMMENDATION That Council approve the amendment application to modify the Special Policy Area designation and the site specific Residential Single Family and Two Family (R2) zoning that apply to the property to permit the second floor of the existing building to be used as a clinic as outlined in this report. EXECUTIVE SUMMARY The applicant has requested an Official Plan and Zoning By -law amendment to permit the second floor of the existing building on the property to be used as a clinic. This request can be supported because: • The loss of two residential units will not adversely impact the inventory of housing in the area; • The proposal entails a modest increase in the size of commercial uses on the land; and • The full use of the existing building for commercial purposes will not impact on planned commercial areas. A revised site design with larger amounts of landscaped open space, as shown on Schedule 3, is recommended to reduce the extent of the parking area and potential impacts on surrounding residents. BACKGROUND Proposal Amendments to the City's Official Plan and Zoning By -law are requested for a 0.18 hectare (0.45 acre) parcel of land known as 4407 Montrose Road (see Schedule 1). The applicant proposes to replace two dwelling units on the second floor of the existing building with a August 9, 2010 - 2 - PD- 2010 -68 clinic. The ground floor is currently allowed to be occupied by a chiropractic office. Schedule 2 shows further details of the site. The property is designated Residential and Special Policy Area "20" in the Official Plan and is zoned Residential Single Family and Two Family (R2 -366). The designation and zoning of the property permits the use of the ground floor of the existing building for offices and personal service shops and limits the use of the second floor for residential units. The applicant is requesting the special policies and the zoning to be changed to permit the entire building to be used for offices, personal service shops and a clinic. Site specific zoning provisions are being sought to permit 55% of the lot area, 69% of the lot frontage and 125 square metres of the rear yard to be used for a surface parking area. Site Conditions and Surrounding Land Uses The main building on the property was formerly a dwelling. While the ground floor has been allowed to be converted into a chiropractic office, two residential units currently exist on the second floor. Parking areas are located to the north and the south of the dwelling. The rear yard south of the dwelling is landscaped open space. The site is bounded by a vacant parcel which is zoned for a future townhouse project to the north and west, and by existing single detached and semi - detached dwellings to the south. On the east side of Montrose Road, opposite the subject site, are various industrial uses. 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 - No objections from a Provincial and Regional perspective. The proposed application will provide an opportunity for the redevelopment of a property within the City's urban area. • Municipal Works, Legal Services, Fire Services, Transportation Services, Building Services, Parks and Recreation No objections. • Surrounding residents Two letters have been submitted and are on tonight's agenda. The letters express concerns about potential impacts on surrounding properties and request measures to mitigate these impacts, including proper drainage, paving, fencing and landscaping. Neighbourhood Open House A neighbourhood open house was held on July 5, 2010. Residents expressed concern about the expansion and entrenchment of commercial uses on the property. However, they indicated they would not object provided sufficient site works to mitigate impacts were August 9, 2010 - 3 - PD- 2010 -68 provided. In particular they requested that: the parking area be paved and have proper drainage; wood fencing 2.4 metres high be provided along the rear yard of the semi detached dwelling; the parking area be screened with larger trees; and the mature trees on the property be protected if possible. The applicant is amenable to providing these measures. ANALYSIS 1. Official Plan The land is designated Residential in the Official Plan. Although Residential lands are intended to be developed with a variety of dwelling types, the land is subject to a Special Policy Area designation which permits the ground floor of the existing building (140 square metres in total) to be used for either an office or a personal service shop use. These polices were adopted in 2004 and replaced policies adopted in 1994 that permitted only a personal service shop on the first floor of the building. These uses are intended to be interim in nature to protect the long term redevelopment of the land for multiple unit residential purposes. Although the Official Plan intends the property to be redeveloped for residential purposes in the future, the proposed changes to the Official Plan are acceptable for the following reasons: The loss of two residential units will not significantly impact the inventory of residential units available in this area. Limited commercial uses on the property is acceptable until such a time as future demand for residential development occurs in the area. The existing and proposed uses will be contained within the existing building. This will limit the extent of the commercial use of the property. - The commercial uses are of a nature that would not create an excessive amount of traffic, noise or other potential nuisances and impacts on surrounding residents. Staff are unaware of any impacts caused by the limited commercial use of the property over the last 15 years. The minor increase in commercial floor area (about 90 square metres) is unlikely to adversely impact the function of any of the planned commercial areas in the community. Potential impacts from on -site vehicle movements and additional required parking can be mitigated through site design including ample landscaping and ensuring paved parking surfaces, stormwater management and fencing are provided. A draft of the proposed Official Plan policy is attached in Appendix 1. 2. Site Design The applicant's proposal is to extend the southerly driveway to the west and south of the building to provide the necessary additional parking spaces. The concern with this design is that the additional required parking is located behind existing and August 9, 2010 future dwellings on neighbouring lands. Refer to Schedule 2. A site visit revealed that much of the front yard of the subject property is already gravel and used for parking (see the attached photo).To make efficient use of the existing southerly gravelled area and to reduce the impact of additional parking on the surrounding residents, it is recommended the proposed parking be redesigned as shown in Schedule 3. Instead of a new parking area that may have some impact on surrounding residents this design will leave the entire rear yard of the property (south of the dwelling) as a landscaped area. As well, this design entails only a minor increase to the existing parking area which should reduce development costs for the applicant. 3. Zoning By -law The subject parcel is zoned site specific Residential Single Family and Two Family (R2 -366). The zoning is proposed to be changed to a new site specific R2 zone that would permit the entire building to be used as a clinic in addition to the office and personal service shop uses already permitted. The long term intent of the Official Plan is to protect the lands for future multi -unit residential development. Therefore, the by -law would limit the commercial use of the property to the existing building (228 square metres in total floor area). A total of 15 parking spaces would be required to serve the commercial uses (3 spaces for each practitioner (5) in total). The following site specific zoning provisions are recommended to implement the design shown on Schedule 3, ensure good site design and ensure impacts on surrounding properties are mitigated: - 4 - PD- 2010 -68 Whereas current standards restrict parking area coverage to 30% of the lot area, 50% of the lot frontage and 40 square metres of the rear yard, 45% of the lot area, 90% of the front yard and 100 square metres of the rear yard will be used for parking. This would provide the sufficient space for parking associated with the commercial uses. A 1.8 metre high wood board fence around the perimeter of the property to buffer adjacent residential properties from commercial uses. This is a standard requirement for commercial developments. This fencing should not extend beyond the front of the adjacent semi - detached dwelling to ensure visibility for motorists exiting from the semi - detached dwelling onto Montrose Road. The owner of the semi detached dwelling to the south has requested 2.4 metre high fencing between the rear yard only of the semi - detached dwelling and the proposed parking. This additional height fencing should not be required since parking is not to occur in this area by the revised layout. A minimum of 45% of the lot area be maintained as landscaped open space to mitigate impacts on surrounding residents. In addition, a 3.0 metre wide landscape strip should be secured between the parking area and the southerly side yard lot line to assist in protecting mature trees and buffer the residential use and a 3.0 metre wide landscape strip along the front lot line to provide a pleasing streetscape along Montrose Road. August 9, 2010 - 5 - PD- 2010 -68 3. Site Plan Control A site plan agreement for the property will need to be secured prior to the issuance of a Building Permit (Change of Use) due to the increase in commercial usability. At the site plan stage many of the concerns of the residents, such as details of the landscaping and fencing, paving and proper storm drainage, will be dealt with. CITY'S STRATEGIC COMMITMENT The requested zoning assists in the development of a City business, in keeping with the strategic priority of promoting economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan - Original Proposal ► Schedule 3 - Site Plan - Recommended Site Design ► Photo of Subject Property's Front Yard ► Appendix 1 - Draft Official Plan Policy Recommended by: Respectfully submitted: A.Bryce:mb Attach. 4A.11,J Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer August 9, 2010 - 6 - SCHEDULE 1 PD- 2010 -68 i w Yi- itt Atp w N E .- OR LPtNEOR rn ni m c� 0 d z rn 53 Subject Land -C-RES 111111 VINCENT-ST Location: 4407 Montrose Road Applicant: Rosemary Cordasco LOCATION MAP Amending the Zoning By -law No. 79 -200 GER-ST June 2010 AM- 2010 -016 August 9, 2010 1 .4 - 7 - SCHEDULE 2 • _ 1'7ARKINCI °LDT 1.:410 4.$71 • PD- 2010 -68 August 9, 2010 x - 8 - Schedule 3 �AQItI4o " L'al% Wyect.IT. PD- 2010 -68 • ' August 9, 2010 -9- PD- 2010 -68 August 9, 2010 -10 - PD- 2010 -68 APPENDIX 1 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text, constitute Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by deleting Subsection 20 in its entirety and replacing it with the following: 14.20 SPECIAL POLICY AREA "20" Special Policy Area "20" applies to 0.18 hectares of land located on the west side of Montrose Road, between Chorozy Street and Alpine Drive. Notwithstanding the Residential designation of the land, clinic, office and /or personal service shop uses can occupy the exiting building to a maximum aggregate floor area of 228 square metres. These uses will be considered interim in nature in order to protect the long -term redevelopment of the land for multiple -unit residential purposes. Niagara�`,f Region Building Community. Building Lives. July 20, 2010 Files: D.10.04.OPA -01580 D.18.04.ZA -04603 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 "cr Floor Niagara Falls, ON L.2E 6X5 `Co C ou.+nct 1 PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-685-1571 Tol I- free:1- 800 - 263-7215 Fax: 905-687-8056 www.niagararegion.ca RECEIVE JUL 2 3 2010 PLANNING & DEVGt.OPMENT Dear Mr. Bryce: Re: AM- 2010 -016, Official Plan Amendment & Zoning By -law Amendment Applications To Permit a Clinic 4407 Montrose Road City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Official Plan Amendment and Zoning By -law Amendment applications. The purpose of the application is to amend the Special Policy Area "20" Official Plan designation of the property and to rezone the property from the R2 -366 zone to a site specific R2 zone. The amendments will permit the establishment of a medical /spa clinic on the second floor of the existing building. Regional staff offers the following comments to assist the City in considering the proposed development. The subject property is within the Urban Area Boundary and the Built Up Area for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Places to Grow Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. In addition, municipalities are encouraged to develop a diverse mix of land uses and promote economic development by providing for an appropriate mix of employment uses to meet long term needs. The property currently contains a building with a chiropractic clinic on the ground floor and two vacant apartment dwelling units on the second floor. The proposed amendments will facilitate the conversion of the second floor apartment dwellings into a medical/spa clinic. The property is within the City's established urban area where existing infrastructure is available to service the proposed development. The immediate neighbourhood can be characterised as a mix of primarily light industrial to the east side of Montrose Road and residential to the north, south, and west. The proposed addition of a medical/spa clinic will be complimentary to the existing chiropractic use on the property, and compatible with the surrounding neighbourhood. In r 2 addition, the proposed development should provide additional employment opportunities for residents of the City. Technical /Engineering The property has frontage along Regional Road 98 (Montrose Road). A Regional Construction Encroachment or Entrance Permit will be required for any construction within the Regional Road allowance. Please note that Montrose Road is designated as being within the Regional Niagara Bicycling Network Plan, The bicycle route is currently not established and identified with signage. It is the intent of the Region to make provisions for the bicycle route when an appropriate opportunity arises. This may involve additional pavement width, elimination of on- street parking, etc., if required, on the street section. Should the development be subject to site plan control in the future, additional Regional comments /requirements may be provided. Conclusion The proposed Official Plan Amendment and Zoning Bylaw Amendment will provide an opportunity for the redevelopment of a property within the City's urban /built -up area. This will help contribute to intensification targets, make efficient use of urban serviced land, and support the provision of employment opportunities. Regional Development Services staff has no objections from a Provincial or Regional perspective to the proposed zoning bylaw amendment. Given the site specific nature of the application, the Official Plan Amendment is exempt from Regional approval in accordance with the Memorandum of Understanding with Area Municipalities. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner at ext. 3386, or Marilyn Radman, Manager of Planning at ext. 3485. Please send notice of the City's decision with regard to this application. Yours truly, Sue Mabee Planner SMI Cc: Councillor Smeaton L:1Mabee- Sue\NIAGARA FALLS'Zoning Bylaw Amendment'AM -2010 -016 - 4407 Montrose Road\AM- 2010 -016 Comments.docx To Whom It May Concern, • • 4407 Montrose Rd. Official plan and zoning by -law amendment application July 5"', 2010 From: Owner of 4419 and 4415 Montrose Rd. SPECIAL POLICY AREA "20" STATES THAT: I - gri 1 am writing to express my disapproval in the attempt to change the official plan of the city and to rezone the premises known as 4407 Montrose Road. The property was zoned a special policy area °20' according to the official plan in 2004 and currently has r2 zoning. Planning Scanned • d i 4 • 01--do/O - 0/ le Special Policy Area "20" applies to .018 hectares of land located on the west side of Montrose Road, between Chorozy Street and Alpine Drive. Notwithstanding the Residential designation of the land, office or personal service shop uses can occupy the ground floor of the existing building to a maximum aggregate floor area of 140 square metres. These uses will be considered interim in nature in order to protect the Tong -term redevelopment of the land for multiple -unit residential purposes. It is apparent that the through the official plan amendment in 2004 the city intended to help the owner, on an interim basis, continue to own and operate a chiropractic clinic in an area of the city that is zoned residential. Had the city intended the use of the property to be permanent the interim terms of the special policy area would have been omitted. Therefore, in keeping with city intended vision for the area and per the terms of the special policy area "20" of the official plan I still believe the property is still best suited for residential purposes. Further, it appears in 2004 the city took the property and made it work for the business. Now it appears that the applicant is trying to take his business and make it fit on the property and for his own financial gain neglecting to take into account the surrounding area and its other landowners. It is apparent then by the mere filing of the application to have multiple offices on the same property and thus have commercial zoning that the land no longer serves the growing business so it no longer has the integrity of the purpose of the original agreement that was set in place in 2004 which was to allow a self owned chiropractic clinic with residential units on the upper levels. Therefore, I do not see how the city can continue to support the growing needs of the applicant. I am not attempting to disrupt the progress, growth and success of the applicants business but the applicants business ventures should not be impeding on residential property. For the record, the entire west side of Montrose Rd. is 100% residential and the applicant's property abuts residential neighbourhoods in the Alpine area as well RECEIVED JUL 0 5 2010 PLANNING & DEVELOPMENT Reason: • as an already approved 60 unit town home complex abutting the property to the west. Also, I obliged and conformed to the integrity of the area after inquiring to build a commercial unit on my property and was told of the long term plans of the area. The end result was I recently built a duplex on the south side of the applicant's property. Therefore, it appears the applicant was given some concessions in good faith by the city in 2004 to allow his business to continue to operate; now it appears that the applicant has taken that inch and is looking for the mile with no regard to those around him. If the planning department feels contrary to my viewpoint and the end result is supporting the proposed official plan and zoning changes then I will not object to the cities recommendations as long as some concessions are made. 1) Screening devices 8 foot cedar fence around the two sides of the affected property and mature trees planted on the landscape strip on the west lot line (back) and north lot lines (side) of my properties. 1) The applicant is purposing to construct 7 parking spaces in the back portion of the property of which 4 of these spaces are to be a direct right angle (L shaped) to the applicatants frontage on Montrose Road and directly behind my backyard. If approved my family and those surrounded by the purposed parking area would be subjected to carbon monoxide exposure due to inhaling car fumes (idling of vehicles in the winter is especially a concern). This can lead to mild acute poisonings that include headaches, vertigo, and flu -like effects; larger exposures can lead to significant toxicity of the central nervous system. Also, it has been documented that carbon monoxide can also have severe effects on the fetus of a pregnant woman. Chronic exposure to low levels of carbon monoxide can lead to depression, confusion, and memory loss. Finally, if we are no longer allowed to smoke in public places due to the health risks it makes sense that we should be protected from exhaust fumes. 2) Trees aid in the absorption of carbon emissions 3) for the safety of my child and children around the area a fence is a huge safety measure for a high traffic area. • 1 2) Paved parking surfaces vs. a granular surface Environmental concerns Reason: 1) granular surfaces result in a high degree of dust particles to become airbome. We live in a climate that has rapidly changing weather conditions and on any given day we can be subjected to high winds, or snowy conditions that will cause dust particles to become airborne after tires kick up debris. Being that the proposed land changes is in a residential area this especially becomes a concern for the well being of the residents as well as a safety concern. 2) Most if not all land uses that are predominantly "commercial in nature" have paved surfaces and not granular surfaces. 3) The effects of granular surfaces and the safety concerns for clientale. 3. Refuse bin (if needed) be away from the backyard of my properties Reason: 1) garbage bins attract animals detrimental to residential areas 2) A large truck is needed to pick up the garbage if a garbage bin is to be used and would cause noise and major disturbances at potentially odd hours of the day 4. proper drainage schematic completed and adapted Reason: 1) improper drainage of the parking area, especially the parking area directly behind my backyard could be detrimental to my home. 2) Runoff on my proper could cause water problems and or damage on my property. 5. Snow removal policy set in place and snow be placed away from my property. Reason: A large pile of snow behind my backyard or on the side could cause drainage problems 2. a pile up of snow alongs the sides of the property could cause a detrimental affect of improper drainage onto my lands or destruction of fences. 3. large snow piles in the back half of the property will cause visibility concerns to the L- shaped layout of the parking lot for the client base Other concerns and questions • • 1. Explain the purposed setback regulations that have been provided on schedule 1. Are there any regulations regarding minimum setbacks? 2. the existing mature trees on the applicants south tot lines appear to be farther then 5 feet away from the property line. I would purpose that if these trees are farther then the 5 feet buffer proposed on schedule 1 that 3 they remain and not be knocked down. Sincerely, Michael Ma - lia July 5, 2010 Niagara Falls, City Hall 4310 Queen Street, Niagara Falls Ontario, L2E 6X5 Dear Sir/Madam; Sincerely Pat Cimato , Enza Cimatto ?a s" - 3 7/-2 4 1 7/ • • Attention: Director of Planning and Development Re: Official Plan and Zoning By -Law Amendment Application City File: AM- 2010 -016, 4407 Montrose Road It should also be noted that for whatever reason, we did not receive notice of this application and did not hear of this until late Saturday night — July 3, 2010. Planning Scanned File' As the owners of the residential property, 7629 Alpine Drive, we have several concerns with the proposed change(s). The full width of our property on the north side abuts the applicants property; the section of which will be converted to a parking lot. One concern is water run -off. During heavy rainfalls, there are areas in the back with 2 "- 3" of running water. Also between our property and the neighbours on the west -side there is 6" —8" of running water. On schedule 1 there are no drainage details. Our family room, office and two bedrooms face north and as such, the light from cars in the parking lot would be a nuisance. Our property is not fenced. RECEIVED JUL 0 5 2010 PLANNING & DEVELOPMENT Nationrf Ontario 46 King Street, Suites 201 -203 Welland Ontario L3B 3H9 PH: 905 714 9756 Fax: 905 735 1161 www .niagararegionmetiscouncil.ca Mr. Ted Salci, Mayor City of Niagara Falls, Mayor's Office P.O. Box 1023 Niagara Falls Ontario, Canada L2E 6X5 Dear Mayor Salci, NIAGARA REGION METIS COUNCIL May 10th, 2010 As I am sure you are aware, both the Federal and Provincial governments have declared 2010 the "Year of the Metis ". With this in mind, I take great pleasure on behalf of the Metis Nation of Ontario (MNO) and the Niagara Region Metis Council to invite you or your designate to attend our "Louis Riel Day Flag Raising Ceremony ". The ceremony will take place at "Welland Civic Square" (City Hall) 60 East Main Street, Welland, Ontario, Canada L3B 3X4. The ceremony will be held on November 16th, 2010 at 11:OOam to 1:OOpm. Refreshments and a light lunch will be served. The Niagara Region Metis Council would also request that as part of this celebration you would fly our flag over your City Hall during the period of November 16th - 22nd, 2010. We are asking that you RSVP to this event by Friday June 18th, 2010. Enclosed you will find information about our people and our local Council. If you have any further questions, or would like more information, please contact our Council through one of the following formats below. Niagara Region Metis Council 46 King Street, Suites 201 — 203 Welland Ontario, Canada L3B 3H9 By Phone: 905 - 714 - 9756 Ext: 305 or Toll Free 1 - 866 - 826 - 2116 By Email: niagararegionmetiscouncil l gmail.com or rickp.nrmc(a) gmail.com For More Information: www .niagararegionmetiscouncil.ca or www.metisnation.org Sincerely, Niagara Region Metis Council Presid: i', Rick Paquette Metis Nation() Ontario The Historic Metis Nation and the Historic Metis Nation Homeland Thc Melts are the child.rcrt of the. fiat trade and the IilliCOOS bOIX;:feri Indian women and Euro- Canadian men in what was historically known as west central North Arrierica or the North West. While the children of the earliest Inditm aced Euro-Canadian unions had mixed ancestry. the creation of a distirvci Nelt.'lis identity and culture was a process that tck sortie time. It was the subsequent intern/atrial:es between these men and women of mixed ancestry that resulted in the genesis of a new aboriginal society bv the late I 7005„ which we call the Historic Metis Nation, The Historic Ms Nat ion developed a collective identity and consciousness. a language (Michif with regional dialects), a distinctive culturc and a way of life. The Historic Metis Nation Jived in. used and ciecupied a large territory from Ontario to British Columbia and includes parts of the Northivest Territories and the northwestern United States. The Metis call this area the Metis Nation Homeland. Thc members of the HistoncMetis Nation were highly mobile They moved regularly throughout the Metis Nation Homeland as they exercised their customs, practices and traditions and participated in the fur trade, the buffalo hunt and other cultural, social and economic institutions that were important to their existence. Me:nix:Ts of the Ilistoric Metis Nation established their own distinct settlements within the Mons Nation Homeland and lived in or used other settlements established by Indians and non-aboriginal peoples. 'The mobility of the members of the Historic M6tis Nation maintained their extensive kinship conne< throughout their liomelarid. Today, the Historic Metis Nation coritinues and refers to itself and is_ referred to by others as the Metis Nattori_ The Metis Nations contemporary assertions of alvriginal nationhood arc grounded on well-reccignized international principles for the recognition of Indigenous people. which includes a shared identity. history, culture. language and territory. The Royal Commission on Aboriginal Peoples in 1996. the Royal Commission on Aboriginal Peoples receignited the mind* that aboriginal citizenship must be determined by the aboriginal nation itself. Specifically, in relation (o Nb. citizenship, the Commission recommended that: Eye person who (C) iden1i5es ftimseif o herset:f as Metis and (ii) is accepted as such by the nation of Mats people with whith that person wishes to be associated, on the basis the criteria and procedures determined by that nation be recognized as a member of that nation tlE the purposes ot a nation - to - nation negotiationa and as Metis for that purpose. Clerks Department Inter - Department Memorandum TO: His Worship Mayor Ted Salci DATE: August 9, 2010 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Licensing By -law Attached is a correspondence from Mr. Chris Rudan requesting an amendment to the City' s Business Licensing By -law to permit an ice cream cart on his Copacabana property on Fallsview Boulevard. An ice cream cart is defined as a refreshment vehicle under our Licensing By -law. Currently, the by -law states that: No person licensed under the provisions of this Schedule shall permit a refreshment vehicle to be parked within 200 feet of an establishment having a restaurant licence from the Municipality and no person shall sell or deliver from a refreshment vehicle or solicit orders for food from a refreshment vehicle within 200 feet from an establishment having a restaurant licence from the Municipality The provision was enacted to prevent low overhead, refreshment vehicle operations from competing with restaurants. The by -law does not contemplate a refreshment vehicle on a property that already has an existing licensed restaurant operation. Staff is recommending that this be referred to the various departments for comments. Staff will come back with a report and possible amendments to the by -law. RECOMMENDATION: Refer to Staff Working Together to Serve Our Community July 23,2010 Dean Iorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario Dear Dean: ce Cream Cart I woul espectfuily submit this correspondence as a formal request for permissio locate n Cream Car ,ron wlieofis itdi to,th a I arinel �. Falls o location at ' 1 1 411§ I" am aware that such a regiies: believe the By -Law should be revie climate and declining tourism market` newly built in excess of $40,000.00. I make this request also because it will are NO ice cream operations Mille Fal business for the walking tourists in this this year you will 'see they have ice cre park. COPACABANA Niagara's First authentic Brazilian ='rodizio" style steak house use. epfeso eiising By.- Law; however I re lifin today's economic ao be used is extremely attractive and e with any existing business as there 'here is definitely a need for such a ave driven through the NPC' lands several hundred feet throughout the It has also come to my attention that the new Hilton Hotel on Fallsview Blvd. has been operating an ice cream stand during the entire 2010 season. Also the Best Western Fallsview operated an ice cream cart on their property throughout the 2009 season - without incident. We are not objecting to these ice cream stands and believe it serves the tourists well. We are asking to have a minor change in the By -Law for-,ice cream only so, we can provide the same service and, opportunity as the Hilton. We would be pleased to , comply with any other requirements and . happy to meet for discussions o n this matter. �. 6671 Fallsview Blvd, Niagara falls, Canada • 905- 334 -8875 • www.copacabana.ca [Recipient Name] July 23, 2010 Page 2 Best Regards, Theressa Roth 4455 Park Street Niagara Falls ON L2E2P4 CAN Mr. D lorafiva City Hall 4310 Queen Street Niagara Falls, ON L2E6X5 CAN Dear Mr. lorafiva, June 15 2010 We, the land owners, of the property abutting the property currently owned by the City of Niagara Falls and formerly owned by CN Rail request the said property be conveyed back. Some or all of these lands were acquired by CN Rail from previous land owners of Park St. With this property being returned to each individual plot owner we recognize that we will be responsible for maintenance and ongoing upkeep of said land. Over the past 5 years it is very evident that this area is not very well maintained. It has become a dumpsite, over grown grass and brush and creates an environment for pests and bugs. The area is also becoming somewhat of a "hang out" for non residents. It is also our understanding that other lands formerly owned by CN rail have been conveyed from the City of Niagara Falls back to current landowners. It is our belief that transferring this property back to the original land owners would be beneficial to both the City of Niagara Falls and we the landowners. I can be reached at 905.351.7589, or at theressa.b.r(a�omail.com for further discussions. Yours sincerely, Theressa Roth Acting as Spokesperson for Park St homeowners X rn 0 70 —1 cn L- 2010 -12 NiagaraFalls August 9, 2010 (,R, DA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2010 -12 Declare Surplus Old Parks & Recreation Building 7565 Lundy's Lane Our File No.: 2009 -185 RECOMMENDATION That Parts 1 -5 inclusive as shown hatched on attached Reference Plan 59R -14301 ("subject land "), be declared surplus. That the subject land be sold using a tender process similar to the process used in municipal tax sales and subject to a reserve bid of $216,000.00. EXECUTIVE SUMMARY Council has directed that the subject land be sold on the open market with a reserved bid. By -law No. 2003 -16, which governs the City's procedures for the sale of land, requires that the lands be declared surplus at a meeting of Council. BACKGROUND On April 6, 2009, (item R- 2009 -14) Council resolved that (( the former Recreation Building be appraised, put on the open market with a reserve bid, with notice of the future intent to designate." The property has since been designated to be of cultural heritage value and interest by virtue of By -law No. 2010 -90. Public notice of the declaration of surplus and sale was given in the July 31, 2010 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. FINANCIAL IMPLICATIONS If the subject land is sold at its appraised value the City will recognize an approximate return of $216,000.00. Further, the subject land will immediately start generating tax revenue. August 9, 2010 ATTACHMENTS Reference Plan 59R -14301 Recommended by: Respectfully submitted: KB Attachment iz i &,„„,,,,,, - 2 - L- 2010 -12 Ken Beaman, City Solicitor Ken odd, Chief Administrative Officer 1 423 REGIONAL ROAD N0. 95 � 1 iS1 M 4r�• nyH4oEaslam) • �1 6. iin 1 �1 I 0NT �/SE PLUTO. arrow (0.(21.P Ims 132 � . ,tw) .rrs) I 6 pIN 64418-0001 (LT) 48 I 3 4 1Q139 - L J / — �� 07' ,n• • 46. (PI • YE/S) (PI 4 M ni) PART 2, PLAN 59R -11964 MEMORIAL 5786070832) PIN 64418- 0088(R) rl4S 52468 tY SI(vi ) D CD - z Z CAD T co 1 64418- 00 7 7(LT) 94256130 NiagaraJays REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2010 -04 Niagara Convention and Civic Center (NCCC) Construction Update RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY BDD- 2010 -04 August 9, 2010 The project construction began in May 2009 with the targeted completion date of March 2011. The project is on time and on budget. The total construction cost is $84,450,000. The total of approved and pending change orders is $705,753 which is below the forecasted allotment. The NCCC has been registered forthe LEED Rating System working to achieve a LEED Gold Certification. Upon receipt of the Federal funds forthe NCCC, an Agreement Steering Committee (ASC) had to be established to manage the agreement. The Committee is made up of Industry Canada, Infrastructure Canada, and City representatives. BACKGROUND Construction of the NCCC began on May 1, 2009. The project is tracking to be on time and within budget as follows: Key Project Milestones: Structural Steel Erection Roofing Membrane Ballroom Slab Floor Basecoat Asphalt (parking area) Building Weather Tight Slab on Grade Exhibit Hall Install Theatre Seating Substantial Performance Operational Completion Grand Opening Complete Complete Complete Complete Late July 2010 August 2010 Mid November 2010 November 30, 2010 February 15, 2010 April 8, 2011 August 9, 2010 - 2 - BDD- 2010 -04 Construction Budget Design Development, Working Drawings, $ 4,400,000 Site Plan Approval Site Services, Grading, Excavation, $ 5,500,000 Backfilling, Retaining Walls Building Construction $ 71,100,000 Construction Contingency $ 3,450,000 Total $84,450,000 Change Orders The total value of all changes to date, both pending and approved, is $705,753.48. The total number of change orders to date continues to be below the forecasted budget. LEED Rating System The Leadership Energy and Environmental Design (LEED) Green Building Rating System is a third party clarification program that encourages global adoption of sustainable green buildings. The program provides building owners and operators the tools to have an immediate and measurable impact on their buildings performance. The LEED certification program has four thresholds for LEED: New Construction - Certified, Silver, Gold, and Platinum. Certification is based on the total point score achieved following an independent review and an audit of selected credits. The Niagara Convention and Civic Center has registered for the LEED Rating System working to achieve a LEED Gold Certification Canada Infrastructure Funding Agreement Steering Committee Upon receipt of the Federal Government Financial contribution the City entered into a contribution agreement with Infrastructure Canada. The Contribution Agreement outlined the requirement of an Agreement Steering Committee being established to manage the agreement. The Committee is made up of Industry Canada, Infrastructure Canada, and City representatives. The Committee's primary focus is: • Monitoring project documents • Tracking the project • Reviewing claims and payments • Working plan and Cash Flow Adjustments • Amendments to the Contribution Agreements • Site visits. August 9, 2010 -3- BDD- 2010 -04 The City is required to complete various reports throughout the construction of the project and submit to Infrastructure Canada such as: • Annual work plan and cash flow forecasts • Annual progress report during the construction phase. The Committee will remain in place for one year after completion of construction of the NCCC to finalize all Federal claim submissions and complete required reports. FINANCIAL IMPACT Funds for the NCCC construction has been secured from the Federal and Provincial Governments, Falls Management Company, and the Fallsview and Victoria /Centre BIA's. CITY'S STRATEGIC COMMITMENT To strengthen and promote economic development within the City. ATTACHMENTS 1) Bondfield Construction Schedule 2) Construction Photos Recommended by: Respectfully submitted: erge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer •■• WW a a « ..... ............. . ..... 22 8,1 1 , - ,108 9 .181WW2 - 2? 1 :Sgg 1 18186ThNt 7 '.24,ig 1 - — 8t .8bi8ttA __8S8T8 St2!:S. as tgasasimaaaaaa'amag A'*1.‘UtA11./1 Zig;;'7gbdigigialU MiMARMAP mmommgggmmggngAggg ogiig;Agi714.11 :g11111§ 0 1pgilggggas,22aZgag 1 v 1 % . q !!) ! - m.i 4 E 1 ,71iiii V—Eggi W $"' g .—„ , ;1 Bss .N.88.0888 888888 , 'aeaR eae aeaeaaaeakeae eaeaeak eeeee w, 22tT WWWW g§§§ eaeee f, 1 1r ....(7 sMu8811111 11111! 88 888 **ebeete 22V-V8-- a z H m z 0 m 0 3 0 co m cn z O —1 a 0 Z FIT 90 0 0 m z m O • 3 n 4 ;13 • 3 43 I o � N 000000000000000 SW8.855E5E353E. 0000000000.00 X55555'5 N N W N N: N 0 O. 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Second Floor Theatre Pre - Function Room - looking south NiaQ ra a/�''+7ails August 9, 2010 D J cxnxux REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -46 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. During June the outstanding taxes increased slightly compared to 2009. During June, tax receivables as a percentage of taxes billed have increased from 38.8% in 2009 to 38.9% in 2010. Outstanding taxes as of June 30, 2010 were $25.5 million. The City's finance staff has had continued success in resolving 80% of properties that are subject to registration for 2010. There are currently twenty -two properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE F- 2010 -46 Tax collection for 2010 lags behind the collection history in 2009. This is consistent with historical trends for taxation years when the economy has not been strong. Table 1 shows that taxes outstanding at June 30, 2010 are $25.5 million. This represents a slight increase from $25.2 million in arrears for the same period in 2009. Staff is pleased to report that collections of tax arrears increased during June when compared to 2009 as $22 million was collected in the month. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority August 9, 2010 - 2 - F- 2010 -46 of outstanding taxes are for residential and commercial properties. The chart shows the taxes owing from the commercial property class has increased from a year ago which is consistent with the trends in the economy. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2010, 405 properties were subject to registration. Table 3 summarizes the progress of these actions after six months of activity. This table shows 80.3% of the tax accounts or 325 properties have been paid in full or the owners have made suitable payment arrangements. During June, four accounts were paid in full. In addition, the number of accounts with suitable arrangements including full payments increased from 78.8% (May) to 80.3% (June). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, one registered property was redeemed. The outstanding taxes for registered properties represent 1.8% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2010 is 38.9% which is a slight increase from 2009's value of 38.8 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Respectfully submitted: A. Felicetti Taxes Receivable at June 30, 2010 Taxes Receivable by Property Class at June 30, 2010 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties i Todd Harris n, Direct • of Financial Services Ken Todd, Chief Administrative Officer .;, � v> .• �., -.. ff "' °�� � -: Y a- :t • .. rx.. ,t; _ ivabl b .Pi�o ert Gass � §.,. axes Rece e . Y P Y at *lithe 0 as' Mi n y . • .,fir ., a .. h =�s vYw � °�. _�� ,... �:.::;:: c $19,893,559 Penalty charged in June $261,544 $253,163 2010 Taxes Owing % of Class $2,009 Taxes Owing Outstanding Taxes @ June 30, 2010 % of Class Residential Taxes Billed and Due September 30, 2010 $20,445,597 $19,893,559 $ 32,169,722 70.00% $ 31,606,514 70.11% Multi- Residential $ 285,405 0.62% $ 134,223 0.30% Commercial $ 12,620,741 27.46% $ 12,592,851 27.93% Industrial $ 825,151 1.80% $ 678,503 1.51% Farmlands $ 58,742 0.13% $ 67,748 0.15% Total Receivables $ 45,959,760 100.00% $ 45,079,839 100.00% ota1'Taxes Recenrabl £f • , ng at )u7Ae3V O Outstanding Taxes @ May 31, 2010 $26,768,326 $25,407,048 Taxes Billed and Due June 30, 2010 $20,445,597 $19,893,559 Penalty charged in June $261,544 $253,163 Taxes Collected during June $21,961,304 $20,367,490 Outstanding Taxes @ June 30, 2010 $25,514,163 $25,186,280 Taxes Billed and Due September 30, 2010 $20,445,597 $19,893,559 Total Taxes to be Collected $45,959,760 $45,079,839 TABLE 1 TABLE 2 F- 2010 -46 TABLE 3 TABLE 4 Initial Amount Paid in Full Payment Arrangements Ongoing Collection Action Registered 405 70 249 84 2 405 405 74 251 78 2 405 18.3% 62.0% 19.3% 0.5% 100.0% .Scheduled :,Tax" Sales Date November 2010 May 2011 November 2011 Totals 2 15 5 22 $241,636 $511,689 $67,461 $820,786 Niagara REPORT TO: His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -32 Changes to Minimum Maintenance Standards Roads RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY On December 9, 2002, Council adopted the newly created Minimum Maintenance Standards for Municipal Highways as described in Ontario Regulation 239/02. The Province recently completed a review of the regulations which included changes to Patrolling, Luminaries, Signs, Roadway surface discontinuities and the addition of a section for sidewalk surface discontinuities. BACKGROUND MW- 2010 -32 August 9, 2010 In the years preceding Ontario's adoption of Minimum Maintenance Standards (MMS) the courts produced a series of adverse decisions with respect to municipal road authorities. These decisions help to lead to increased insurance premiums for municipalities. As a result, municipal road official lobbied the Ontario Government to develop road maintenance standards which would permit a more predictable assessment of exposure and risk. One of the provisions contained in the Better Government Act 1996 authorized the Minister of Transportation to pass regulation setting (MMS) for municipal highway. This provision lead to changes to subsection 44(4) of the Municipal Act 2001 where "the Minister of Transportation may make regulation establishing minimum standards of repair for highways and bridges or any class of them." Subsection 44(3) provides that a municipality will not be held liable for failing to keep a bridge or highway in a reasonable state of repair if "at the time the cause of action arose, minimum standards established under subsection (4) apply to the highway or bridge and to the alleged default and those standards have been met." After five years of extensive consultation, the Province of Ontario enacted Ontario Regulation 239/02 effective November 1, 2002. August 9, 2010 On December 9, 2002 by resolution of Council the Corporation of the City of Niagara Falls adopted Minimum Maintenance Standards. Section 17 of Regulation 239/02 states; "The Minister of Transportation shall conduct a review of the regulation. The first review shall be started before the end of 2007." After several years of consultation with various stake holders the attached document is the Amendments to Regulation 239/02 that was passed into law February 18, 2010. The amendment includes changes to patrolling, luminaries, signs, roadways surface discontinuities and a new section on sidewalk surface discontinuities. ANALYSIS /RATIONALE -2- MW- 2010 -32 The following is a summary of changes that will have some impact on our operations services. Patrolling The city will be required to provide winter road patrols on a selected representative of our streets as necessary to check for snow accumulation conditions. Snow Accumulation Slush has now been defined as snow accumulation and will have to be treated the same as snow accumulation. Luminaires The minimum standard of frequency will be to conduct an inspection of all luminaires to check that they are functioning once per year. Two of the three amendments noted above can be addressed by our current Winter shift program (luminaires) & (Patrolling). The amendment related to snow accumulation and slush may be partially handled within our current shift program, however no one can accurately predict or control the number or types of events we may actually experience. During the Winter of 2009/2010 staff dealt with two situations that required additional ploughing due to slush accumulation. Should we experience an above average Winter in snow accumulation with freeze thaw situations it may be necessary to increase our ploughing operations which may affect our expenditures. We will not know this until we experience the Winter season. Signs The minimum standard of frequency of inspecting sign to check if they meet the retro- reflectivity of the Ontario Traffic manual is once per year. It is anticipated that we will be following the Niagara Region's lead. According to the sheeting materials manufacturer's warranty, the sign will maintain a retro - reflectivity for a period of seven to ten years depending on the sign materials used. Sidewalk Surface Discontinuities The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per year. For surface discontinuities that exceed two centimetres, the minimum standard is to treat that sidewalk within 14 days after becoming aware of the fact. August 9, 2010 "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the surface of the sidewalk. The City presently inspects one fifth of the City sidewalks annually at a cost of $15,000 per year. The annual cost to increase the inspection program to complete the entire City would be $75,000 per year. Staff is presently reviewing our options and will report back on how best to cover not only the inspection process but also the remedial repair process that is to be completed within 14 days of becoming aware of the surface discontinuity. LEGAL IMPLICATIONS By adopting the Minimum Maintenance Standard the City will have a viable defence in future court cases if we can establish that we have met the minimum standard as set out in Ontario Regulations 239/02 and the amending regulation 612/06. FINANCIAL IMPLICATIONS Any changes to our operations services will be included in the 2011 budget once we have determined the City's best option to deal with changes to our current sidewalk program. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Commitment to establish policies and procedures that will effectively maintain municipal infrastructures as well as reduce the City's exposure to risk by meeting the mandated inspection criteria set out in the Regulation 239/02. LIST OF ATTACHMENTS 1. Amendment to Regulation 239/02 Recommended by: Respectfully submitted: -3- MW- 2010 -32 Geoff Holman, l 'rector of Municipal Works Ken Todd, Chief Administrative Officer S: \REPORTS\2010 Reports \MW - 2010 -32 - Changes to Minimum Maintenance Standards - Roads.wpd On RE61STFIAR OF REGULATIONS Filed as Z 3/ FLE 1 8 2010 Proposed 1-.curei.; law pJoilcation dates: e-Laws reA 4 CONFIDENTIAL Until filed with the reg2008.0292.e Ontario Gazatte 8-SK Registrar of Regulations ONTARIO REGULATION made under the MUNICIPAL ACT, 2001 Amending 0. Reg. 239/02 (Minimum Maintenance Standards for Municipal Highways) Note: Ontario Regulation 239/02 has previously been amended. For the legislative history of the Regulation, see the Table of Consolidated Regulations — Detailed Legislative History at www.e- Laws.gov.on.ca. 1. (1) Subsection 1 (1) of Ontario Regulation 239/02 is amended by adding the following definition: "Ontario Traffic Manual" means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from time to time; (2) Clauses 1 (3) (a) and (b) of the Regulation are revoked and the following substituted: (a) by counting and averaging the daily two-way traffic on the highway or part of the highway; or (b) by estimating the average daily two-way traffic on the highway or part of the highway. (3) Section 1 of the Regulation is amended by adding the following subsection: (4) For the purposes of this Regulation, a municipality is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the municipality ought reasonably to be aware of the fact. 2. Subsection 2 (2) of the Regulation is revoked. 3. (1) Section 3 of the Regulation is amended by striking out the portion before the Table and substituting the following: Patrolling 3. (1) The minimum standard for the frequency of patrolling of highways to check for conditions described in this Regulation is set out in the Table to this section. (2) During the season when a municipality performs winter highway maintenance, the minimum standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the municipality selects as representative of its highways, as necessary, to check for conditions described in sections 4 and 5. 2 (3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or perforrning highway maintenance activities. (4) This section does not apply in respect of the conditions described in section 10, subsections 11 (0.1) and 12 (1) and section 16.1. (2) The heading to the Table to section 3 of the Regulation is revoked and the following substituted: PATROLLING FREQUENCY 4. Section 4 of the Regulation is amended by striking out the portion before the Table and substituting the following: Snow accumulation 4. (1) The minimum standard for clearing snow accumulation is, (a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section, to deploy snow - clearing resources as soon as practicable; and (b) after the snow accumulation has ended, to clear the snow to a depth less than or equal to the depth set out in the Table within the time set out in the Table, (i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or (ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres. (2) This section, (a) does not apply to that portion of the roadway designated for parking; and (b) only applies to a municipality during the season when the municipality performs winter highway maintenance. (3) In this section, "snow accumulation" means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway: 1. New fallen snow. 2. Wind -blown snow. 3. Slush. 5. Subsection 5 (1) of the Regulation is revoked and the following substituted: Icy roadways (1) The minimum standard for treating icy roadways after becoming aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table to this section. 6. Section 10 of the Regulation is amended by adding the following subsection: Luminaires (0.1) The minimum standard for the frequency of inspecting all luminaires to check to see that they are functioning is once per year. 7. (1) Section 11 of the Regulation is amended by adding the following subsection: Signs (0.1) The minimum standard for the frequency of inspecting signs of a type listed in subsection (2) to check to see that they meet the retro - reflectivity requirements of the Ontario Traffic Manual is once per year. 3 (2) Subsection 11 (1) of the Regulation is amended by striking out "improperly oriented or missing" and substituting "improperly oriented, obscured or missing ". (3) Subsection 11 (2) of the Regulation is amended by adding the following paragraphs: 3.1 Load Restricted Bridge. 3.2 Low Bridge. 3.3 Low Bridge Ahead. 8. Section 12 of the Regulation is amended by striking out the portion before the Table and substituting the following: Regulatory or warning signs 12. (1) The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they meet the retro- reflectivity requirements of the Ontario Traffic Manual is once per year. (2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the minimum standard is to repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact. (3) In this section, "regulatory sign" and "warning sign" have the same meanings as in the Ontario Traffic Manual, except that they do not include a sign listed in subsection 11 (2) of this Regulation. 9. Section 16 of the Regulation is amended by striking out the portion before the Table and substituting the following: Roadway surface discontinuities 16. (1) Ifa surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the height set out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the Table after becoming aware of the fact. (2) If a surface discontinuity on a bridge deck exceeds five centimetres, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck. 4 (3) In this section, "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge. 10. The Regulation is amended by adding the following section: Sidewalk surface discontinuities 16.1 (I) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per year. (2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum standard is to treat the surface discontinuity within 14 days after becoming aware of the fact. (3) For the purpose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary repairs, alerting users' attention to the discontinuity or preventing access to the area of discontinuity. (4) In this section, "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the surface of the sidewalk. 11. Subsection 17 (2) of the Regulation is revoked and the following substituted: (2) Despite subsection (1), the first review after the completion of the review started before the end of 2007 shall be started five years after the day Ontario Regulation (insert O.Reg. number for this reg, ie reg2008.0292j is filed. Made by: 12. This Regulation comes into force on the day it is filed. Date made: re Ali ster of Transportation 5 CONFIDENTIAL Until filed with the Registrar of Regulations REGISTRAR �?: �EGE ►l_aT�ONS Filed as O r On FEB 1 8 2010 Fropos&d , .cu.a , ,.J'aiicalion gates: -1-8WS k f y / �. ; 01 C Ontario Gazette: /, <r/ .j reg2008.0293.e 3 -SK ONTARIO REGULATION made under the CITY OF TORONTO ACT, 2006 Amending O. Reg. 612/06 (Minimum Maintenance Standards for Highways in the City of Toronto) Note: Ontario Regulation 612/06 has not previously been amended. 1. (1) Subsection 1 (1) of Ontario Regulation 612/06 is amended by adding the following definition: "Ontario Traffic Manual" means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from time to time; (2) Clauses 1 (3) (a) and (b) of the Regulation are revoked and the following substituted: (a) by counting and averaging the daily two -way traffic on the highway or part of the highway; or (b) by estimating the average daily two -way traffic on the highway or part of the highway. (3) Section 1 of the Regulation is amended by adding the following subsection: (4) For the purposes of this Regulation, the City is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the City ought reasonably to be aware of the fact. 2. Subsection 2 (2) of the Regulation is revoked. 3. (1) Section 3 of the Regulation is amended by striking out the portion before the Table and substituting the following: Patrolling 3. (1) The minimum standard for the frequency of patrolling of highways to check for conditions described in this Regulation is set out in the Table to this section. (2) During the season when the City performs winter highway maintenance, the minimum standard for patrolling highways is, in addition to that set out in subsection (I), to patrol highways that the City selects as representative of its highways, as necessary, to check for conditions described in sections 4 and 5. (3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or performing highway maintenance activities. (4) This section does not apply in respect of the conditions described in section 10, subsections 11 (0.1) and 12 (1) and section 16.1. (2) The heading to the Table to section 3 of the Regulation is revoked and the following substituted: PATROLLING FREQUENCY 4. Section 4 of the Regulation is amended by striking out the portion before the Table and substituting the following: Snow accumulation 4. (1) The minimum standard for clearing snow accumulation is, (a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section, to deploy snow - clearing resources as soon as practicable; and (b) after the snow accumulation has ended, to clear the snow to a depth less than or equal to the depth set out in the Table within the time set out in the Table, (i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or 2 (ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres. (2) This section, (a) does not apply to that portion of the roadway designated for parking; and (b) only applies to a municipality during the season when the municipality performs winter highway maintenance. (3) In this section, "snow accumulation" means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway: 1. New fallen snow. 2. Wind -blown snow. 3. Slush. 5. Subsection 5 (1) of the Regulation is revoked and the following substituted: Icy roadways (1) The minimum standard for treating icy roadways after becoming aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table to this section. 6. Section 10 of the Regulation is amended by adding the following subsection: Luminaires (0.1) The minimum standard for the frequency of inspecting all luminaires to check to see that they are functioning is once per year. 7. (1) Section 11 of the Regulation is amended by adding the following subsection: Signs (0.1) The minimum standard for the frequency of inspecting signs of a type listed in subsection (2) to check to see that they meet the retro- reflectivity requirements of the Ontario Traffic Manual is once per year. 3 (2) Subsection 11 (1) of the Regulation is amended by striking out "improperly oriented or missing" and substituting "improperly oriented, obscured or missing ". (3) Subsection 11 (2) of the Regulation is amended by adding the following paragraphs: 3.1 Load Restricted Bridge. 3.2 Low Bridge. 3.3 Low Bridge Ahead. 8. Section 12 of the Regulation is amended by striking out the portion before the Table and substituting the following: Regulatory or warning signs 12. (1) The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they meet the retro - reflectivity requirements of the Ontario Traffic Manual is once per year. (2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the minimum standard is to repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact. (3) In this section, "regulatory sign" and "warning sign" have the same meanings as in the Ontario Traffic Manual, except that they do not include a sign listed in subsection 11 (2) of this Regulation. 9. Section 16 of the Regulation is amended by striking out the portion before the Table and substituting the following: Roadway surface discontinuities 16. (1) If a surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the height set out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the Table after becoming aware of the fact. (2) If a surface discontinuity on a bridge deck exceeds five centimetres, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck. 4 (3) In this section, "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge. 10. The Regulation is amended by adding the following section: Sidewalk surface discontinuities 16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per year. (2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum standard is to treat the surface discontinuity within 14 days after becoming aware of the fact. (3) For the purpose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary repairs, alerting users' attention to the discontinuity or preventing access to the area of discontinuity. (4) In this section, `surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the surface of the sidewalk. Made by: 11. This Regulation comes into force on the day it is filed. Date made: 5 Minister of Transportaton 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • • • PD- 2010 -65 NiagaraJalls August 9, 2010 REPORT TO: His Worship Mayor Ted Salci, Chair and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department SUBJECT: PD- 2010 -65 Commercial Building & Facade Improvement Application CB & FIG - 2010 -003, 4593 Queen Street Adrian Formisano RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4593 Queen Street subject to the owner satisfying the program requirements including entering into an agreement with the City. the proposed facade work complies with the City's grant program; the funding will improve the appearance of the building; and the funds are available in the Special Purpose Reserve of the Downtown CIP. BACKGROUND The subject property is located at 4593 Queen Street within the Downtown CIP area. The property contains a brick building which has been used for commercial use on the main floor and residential on the second floor. An application involves a request for funding for facade improvements. The extent of improvements include replacement of front windows and door, new stucco facing with new moulding and window accents. The facade improvements will cost approximately $16,000 and the applicant will be eligible for 50% or about $8,000. The Region will provide $4,000 or 50% of the City's facade grant. As part of the grant approval process, the owners will be required to enter into an agreement with the City. FINANCIAL IMPLICATIONS The funding for the facade improvement application can come from the existing Downtown CIP reserve. There is approximately $43,900 remaining in the Downtown CIP Reserve for programs which can accommodate this application. August 9, 2010 - 2 - CITY'S STRATEGIC COMMITMENT The approval of the application complies with the City's strategic commitment in implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property. ► Appendix 2 - Plan showing of the proposed facade. Recommended by: Respectfully submitted: B.Bolibruck i'L,}64A S: \PDR\2010 \PD- 2010 -65, CB &FIG 2010 -003, Formisano.wpd PD- 2090 -b5 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer CATARACT AVE ZIMMERMAN AVE ERIE AVE VICTORIA AVE ST CLAIR AVE ST LAWRENCE AVE CRYSLER AVE BUCKLEY ......m August 9, 2010 - 4 - APPENDIX 2 PD- 2010 -65 i:7 Niagaraaa1Is REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Recommended by: Respectfully submitted: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2010 -07 Authority to Designate Position to Approve Traffic Signal Designs TS- 2010 -07 August 9, 2010 That the Director of Transportation Services be designated as the signing authority to approve the design and erection of traffic signals within the Municipality of Niagara Falls. In accordance with Highway Traffic Act Section 144 (31), all traffic signal controls shall be erected or installed in accordance with an approval obtained from a person designated to give such approvals by the Municipality. Thus it is recommended that the Director of Transportation Services be authorized this designation. All Road Authorities in Ontario are responsible for designating a person to approve the traffic signal designs and installations on their own roadways as per the Highway Traffic Act. Previously the signing authority was granted to the Executive Director of Community Services. However, given the recent corporate restructuring it is necessary to transfer the authority to the Director of Transportation Services, a position qualified to review the design to ensure it complies with applicable standards and guidelines. Transportation Services staff oversees the design and installation of traffic signals at intersections under the jurisdiction of Niagara Falls. Therefore, it is prudent that the Director of Transportation Services is granted the authority to authorize the legal drawings as required under the Highway Traffic Act. g),--. Karl Dren, Director of Transportation Services K Todd, Chief Administrative Officer F- 2010 -45 NiagaraJalls August 9, 2010 (4�AUA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -45 Ontario Municipal Partnership Fund (OMPF) RECOMMENDATION That Council forward a resolution to the Province requesting that the proposed reductions to municipal OMPF funding be deferred. EXECUTIVE SUMMARY The Province of Ontario has indicated that the funding from Ontario Municipal Partnership Fund (OMPF) will be discontinued for 2011. The City will receive $2,522,400 in 2010 which is a direct revenue in the 2010 General Purposes Budget. Should the Province proceed with their indicated course of action, this revenue stream would need to be replaced by another source of revenue or be offset by expenditure reductions. BACKGROUND The Ontario Municipal Partnership Fund (OMPF)is a provincial funding program that assists municipalities with social program costs, equalization, policing costs, and assists northern and rural communities provide services to citizens. This program has been in place since 2005 when it replaced a similar Provincial Program known as the Community Reinvestment Fund(CRF) In 2005, the Province of Ontario revised the criteria by which the funding provided to municipalities in 2005. The program funding model was revised to provide assistance to municipalities that had financial challenges. The City of Niagara Falls does not qualify for any of the specific grant component areas such as social programs, equalization, police services or northern rural communities. Instead, the City of Niagara Falls has received transitional assistance since 2005. The Province had indicated that transitional funding would be temporary but no reductions in funding had occurred until 2010. The Province has indicated that those municipalities in the transitional category will not receive any funding for the 2011 fiscal year. August 9, 2010 - 2 - F- 2010 -45 FINANCIAL IMPLICATIONS In 2010, the City will receive $2,522,400 in funding from the OMPF assistance. This funding is a 20% decline from 2009 where the City received $3,153,000. This grant program is included in the General Purposes Budget as a revenue source. The Province has indicated that the funding from OMPF for municipalities that receive transitional assistance will not receive funding in 2011 and after. This will have a significant impact on the City's revenue stream since the reduction would either force additional expenditure reductions of the equivalent amount or an increase in taxation or user fees. If the revenue were to be replaced solely from taxation, the impact would be approximately 6% tax levy increase based on today's assessment base. The Mayor raised the City's concern over reduced OMPF funding at Pre - Budget Consultation of the Provincial Standing Committee of Finance and Economics held June 25, 2010 at the Sheraton in Niagara Falls. Staff recommends that a similar appeal be made at the AMO conference this year and that a further resolution be sent to the province to at best have the Province reconsider any funding reductions, but at worst, to provide a phased -in approach of the OMPF grants over the next four years so as to allow municipalities to plan for the reduction. Recommended by: Respectfully submitted: 6/ Todd Harri n, Direct r of Finance I Ken Todd, Chief Administrative Officer The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Ontario Municipal Partnership Fund (OMPF) has provided financial assistance to this municipality since 2005; and WHEREAS OMPF replaced the similar Community Reinvestment Fund(CRF); and WHEREAS the municipality will receive approximately $2.5 million in OMPF funding in 2010; and WHEREAS the Province has indicated that municipalities in the transitional assistance of OMPF, like Niagara Falls, will not receive funding for the 2011 fiscal year; and WHEREAS the elimination of OMPF funding will have a significant impact on the City's revenue stream since the reduction would either force additional expenditure reductions or an increase in taxation or user fees. THEREFORE BE IT RESOLVED that the Province be petitioned to continue the OMPF funding to municipalities in the non - specific area classification; or, in the alternative BE IT RESOLVED that the Province phase in the funding reduction over four (4) years to allow municipalities the opportunity to plan for the shortfall. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to designate Part of Range 21, Plan 1 Stamford and Lots 28, 31 and 32 and Part of Lot 34, Plan 270 Village of Niagara Falls to be deemed not to be within registered plans of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within plans of subdivision registered in 1835 and 1895; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Part of Range 21, Plan 1 Stamford and Lots 28, 31 and 32 and Part of Lot 34, Plan 270 Village of Niagara Falls, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010 August 9, 2010 August 9, 2010 S: \DEEMING BY- LAW\6158 -6170 Stanley Ave \Deeming Bylaw 6158 -6170 Stanley Ave.wpd CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200 and repeal By -law No. 2004 -17, to permit an expansion of a hotel, to establish site specific parking provisions and to permit a portion of the required parking to be provided off -site. WHEREAS the City's Official Plan contains policies to ensure the creation of a high - quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by -law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City "); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described on 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 of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses on the portion of the Lands labeled TC -914 shall be: (a) Minimum lot area (b) Minimum yards for the portion of a building having a height of 12 metres or less (c) Minimum yards for the portion of a building having a height greater than 12 metres (d) Maximum height of a building or structure and maximum number of storeys (e) Roof feature (f) Minimum number of parking spaces (i) hotel (ii) restaurant, ancillary to a hotel (iii) retail store, ancillary to a hotel -2- the whole of the Lands labeled TC -914, save and except for any part of the Lands that may be required to be dedicated for the purpose of road widening none none from the most southerly side lot line, 8 metres from Stanley Avenue, 66 metres from Fallsview Boulevard and 54 metres from Robinson Street 35 metres and 9 storeys, whichever is lesser, as measured from Geodetic Survey of Canada elevation 203.21 metres, subject to section 4.7 of By -law No. 79 -200 a building having a height greater than 12 metres shall have a roof feature which has a height of not less than 5 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 0.8 parking spaces for each hotel unit none for a restaurant having less than 300 seats, 1 parking space for every 15 seats for a restaurant having greater than 300 seats none (i (iv) convention centre or meeting rooms, ancillary to a hotel (v) for all other uses (g) Maximum bus parking space substitution for a hotel (h) Location of parking Minimum number of loading spaces (j) Minimum landscaped open space (k) Decorative wall or fence (i) retail store (ii) all other uses -3- (1) The balance of regulations specified for a TC use 6. The regulations governing the Lands labeled TC -915 shall be: (a) Minimum number of required parking spaces (b) The balance of regulations specified for a TC use none for any room less than 1,400 square metres, 1 parking space for every 66 square metres in a room greater than 1,400 square metres in accordance with clause (a) of section 4.19.1 of By -law No. 79 -200 2 bus parking spaces may be substituted for 40 required parking spaces a maximum of 21 required parking spaces that cannot be provided on the Lands labeled TC- 914 shall be provided within a parking area on the Lands labeled TC -915 1, in accordance with the dimensions contained in section 4.20.1 of By -law No. 79- 200 a 4.5 metre wide strip, parallel to and between the drop -off area and parking area and the Stanley Avenue road allowance, save and except for any driveways or entrances a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts Fallsview Avenue and Robinson Street and a parking area, save and except for driveways. The decorative wall or fence shall be a minimum of 0.9 metres in height and a maximum of 1.2 metres in height 1 parking space for each 60 square metres of gross leaseable floor area in accordance with clause (a) of section 4.19.1 of By -law No. 79 -200 -4- 7. The owner of the Lands labeled TC -914 is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 8 of this by -law and such agreements are to be registered on title. 8. The height of the building or structure permitted by section 5 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the owner of the Lands labeled TC -914 providing the following facilities, services or matters to the City, namely: (a) streetscape improvements to the street frontage along Stanley Avenue, Fallsview Boulevard, and Robinson Street adjoining the Lands labeled TC -914, inclusive, but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan; and (b) the building design approved by Council on July 19, 2010. 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this By -law shall be shown on Sheets D4 and D5 of Schedule "A" of By- law No. 79 -200 by renumbering the Lands from 645, in part, to 914 and numbering the lands 915, in part. 13. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.645. 14. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.914 Refer to By -law No. 2010- 19.1.915 Refer to By -law No. 2010- 15. By -law No. 2004 -17 is repealed. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S: \ZON ING \AMS\2010\By- laws\Byam014.wpd August 9, 2010 August 9, 2010 August 9, 2010 SCHEDULE 1 TO BY -LAW No. 2010- Subject Land Amending Zoning By -law No. 79 -200 Description: Lt 31 PI 270 Village of Niagara Falls; Lt 32 PI 270 Village of Niagara Falls; Pt Lt 34 PI 270 Village of Niagara Falls; Pt Range 21 PI 1 Stamford Pt 2 59R5284; Niagara Falls Lt 28 PI 270 Village of Niagara Falls; Niagara Falls Pt Range 22 PI 1 Stamford Being Pts 1 & 2 59R12016 City of Niagara Falls 1:NTS Applicants: Canop Investments Inc. AM- 2010 -014 Terma Holdings Inc. Assessment #s: 272507000201300; 272503000816800; 272503000814800 K: \GIS_Requests\ 2010 \Schedule \ZoningAM\AM -14 \mapping. map July 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a restaurant, and a retail store ancillary to a warehouse on the Lands, in addition to the uses permitted in a LI zone. 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) The uses permitted in an LI zone (b) Restaurant (c) Retail store ancillary to a warehouse 5. The regulations governing the permitted uses shall be: (a) Minimum interior side yard width (b) Minimum landscaped open space in none required the front yard (c) Maximum number of restaurants 1 only, and 70 seats and maximum seating (d) Maximum number of retail stores 1 only, and 25% of the floor area of ancillary to a warehouse and the warehouse maximum floor area (e) The balance of regulations specified for an LI use none along the south side lot line and 1.5 metres along the north side lot line 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 B3 of Schedule "A" of By -law No. 79 -200 by numbering the Lands 911. 10. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.911 Refer to By -law No. 2010- Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010 August 9, 2010 August 9, 2010 S:\ZONING\AMS \2010 \By - Taws \Byam010.wpd -2- SCHEDULE 1 TO BY -LAW No. 2010- Subject Land Description: Lt 2 PI 160 Stamford; Lt 3 PI 160 Stamford; Lt 4 PI 160 Stamford; Niagara Falls Applicant: Marcel Dionne Inc Assessment #: 272509000304300 K: \GIS_Requests\ 2010 \Schedule \ZoningAM\AM -10 \mapping. map Amending Zoning By -law No. 79 -200 1: NTS AM- 2010 -010 July 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to designate Lots 2, 3 and 4, Plan 160 to be deemed not to be within a registered plan of subdivision. WHEREAS subsection 50(4) of the Planning Act , R.S.0.1990, provides that the council of a local municipality may by by -law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.0.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1953; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by -law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 2, 3 and 4, Plan 160, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.0.1990. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010 August 9, 2010 August 9, 2010 S: \DEEMING BY- LAW\4400 -4424 Montrose Rd \Deeming Bylaw 4400 -4424 Montrose Rd.wpd A by -law to delegate the signing authority for the approval of the erection or installation of traffic control signal systems located within the City of Niagara Falls, to the Director of Transportation Services. WHEREAS section 144(31) of the Highway Traffic Act, R.S.O. 1990, c. H.8 provides that no traffic control signal system or traffic control signal used in conjunction with a traffic control signal system shall be erected or installed except in accordance with an approval obtained from a person designated to give such approvals by the municipality or other authority that has jurisdiction over the highway or the intersection; AND WHEREAS subsection 23.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes a municipality to delegate its powers and duties under this or any other Act to a person or body; AND WHEREAS Council desires to delegate the authority to approve the erection or installation of traffic control signal systems to the Director of Transportation Services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the Director of Transportation Services is hereby delegated the authority to approve all aspects of the erection or installation of traffic control signal systems or traffic control signals used in conjunction with a traffic control signal system, should all requirements and conditions be met to his or her satisfaction. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010 August 9, 2010 August 9, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 80 -114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By -law No. 80 -114 is amended by adding Schedule "B -77" attached hereto. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010. August 9, 2010. August 9, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION 6161 Thorold Stone Road Portage Road 3648 Portage Road Drummond Road Morrison Street 6460 Lundy's Lane 7555 Montrose Road 6734 Lundy's Lane 6282 Lundy's Lane Drummond and Dunn 5200 Robinson Street 5400 Robinson Street Falls Avenue (Oneida Lane) 6840 McLeod Road 4261 Fourth Avenue 6767 Thorold Stone Road Drummond Road and Leonard Avenue Monastery Drive Ailanthus Avenue Oakwood Drive St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -1" Schedule "B -2" Schedule "B -3" Schedule "B -4" Schedule "B -5" Schedule "B -6" Schedule "B -7" Schedule "B -8" Schedule `B -9" Schedule "B -10" Schedule "B -11" Schedule "B -12" Schedule "B -13" Schedule "B -14" Schedule "B -15" Schedule "B -16" Schedule "B -17" Schedule "B -18" Kalar Road and Coventry Road Schedule "B -19" Schedule "B -20" Schedule "B -21" Schedule "B -22" COLUMN 1 SITE Brockway Business Centre Niagara South Condominium No. 28 Niagara South Condominium No. 19 Brookside Village Co- Operative Homes Inc. Niagara South Condominium Plan No. 43 Factor Forms Niagara Ltd. Zehrs Markets Ameri -Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non - Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 Edscha of Canada First Professional Management Inc. Montrose and Thorold Stone Roads 5100 Dorchester Road 5150 Dorchester Road 8175 McLeod Road 4230 Meadowvale Drive 8481 Earl Thomas Avenue Morrison Street and Dorchester Road 8444 Lundy's Lane 3955 Portage Road 3 516 Main Street Mewburn Road COLUMN 2 LOCATION 5088 Drummond Road 5795 Don Murie Street 7190 Morrison Street COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -23" Schedule "B -24" Schedule "B -25" Schedule "B -26" Schedule "B -27" Schedule "B -28" Schedule "B -29" Schedule "B -30" Schedule "B -31" Schedule "B -32 " 8055 McLeod Road and 8065 Schedule "B -33" McLeod Road Schedule "B -34" Schedule "B -35" 6453 Colborne Street and 6476 Schedule "B -36" Huggins Street Schedule "B -37" Schedule "B -38" COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium Canada One Factory Outlet Mall COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 - 51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road 7500 Lundy's Lane COLUMN 3 SCHEDULE "B" NUMBER Schedule `B -39" Schedule "B -40" Schedule "B-41" Schedule "B -42" Schedule "B -43" Schedule "B -44" Schedule "B -45" Schedule "B -46" Schedule "B -47" Schedule "B -48" Schedule "B -49" Schedule "B -50" Schedule "B -51" Schedule "B -52" Schedule "B -53" Schedule "B -54" Schedule "B -55" Schedule "B -56" Schedule "B -57" COLUMN 1 SITE Niagara South Condominium Corporation No. 4 - Park Royal Niagara Catholic District School Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium Omada Homes Inc. Brighton Condominiums COLUMN 2 LOCATION 3322 Addison Street 3900 Kalar Road 8918 Sodom Road 2025 Fruitbelt Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167 -6175 -6181 Dorchester Road 6928 Ailanthus Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -58" Schedule "B -59" Schedule "B -60" Schedule "B -61" Schedule "B -62" Schedule "B -63" Schedule "B -64" Schedule "B -65" Schedule "B -66" Schedule "B -67" Schedule "B -68" Schedule "B -69" Schedule "B -70" Schedule "B -71" Schedule "B -72" Schedule "B -73" Schedule "B -74" 3915 Portage Road Schedule "B -75" COLUMN 1 SITE Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes COLUMN 2 LOCATION 6000 Marineland Parkway COLUMN 3 SCHEDULE "B" NUMBER Schedule "B -76" 2634 St. Paul Avenue Schedule "B -77" *0.10 601.0 <001 owev1 6 04r 121'1 41 44 1.1 a 1.1.31 4417 4 pJ1 1k 410 ]4)1414 4.41(97 4' SCHEDULE '' 3i m PP.449 1 '441 .4 6111 4441 4.41 L1.4 4.14•312 1.4611 014.24 4.144 1.141 11 WA 9.41114 4.7 WA .4 7114 1.14.4.1 4.4.4 411.1.(' ,jt? 4, 1.144 9.106 FYI wo h, I A Ms —IL -I 4 47/Rhr/p711,47 M rr ., in ■ lid E!L*.1 a iCk'S!IR!TI ■tt*dR?St1'".I�l`7rS 111 74" F411 .!(.11114 070 1111 YW406111 >1441 441414) 91. A s a ((y� T.0.000 1114 O4CK K{% 811 lwoa rel.alulx OGK N K 84 4woac R Er. ABOYg >zJtff°vTIN�v MULTI -� C eat! moo 6E6 IN1O64. • . . iI .1 SITg PLAN t < 280 11.'. Woad cocks 41>1J rt4 mac ItIJ(M1II vie F17P/[ 1144. 411Ii0e ✓0 0.0.0 6t.00c w. cictcw 6' WA. MOVE 1 1/1 /1 sS t Com 4-r -D � RE. -r �{ FIRE. }VoL L-ra S exisrING HYDRO LANPS �...+� N reu ¢ rppO r 72K•a ' Sly: 11.71. 47 1111 µX 11-111.4 ! 4.414400 L CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to establish Block 41, Plan 59M -97 as a public highway, to be known as and to form part of Grouse Lane. 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 Block 41, Plan 59M -97 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 41, Plan 59M -97 that is hereby established as a public highway, be known as and form part of Grouse Lane. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010. August 9, 2010. August 9, 2010. A by -law to amend By -law No. 2005 -112, being a by -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster - resilient community. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By -law No. 2005 -112, as amended, is further amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010. August 9, 2010. August 9, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - CITY OF NIAGARA FALLS EMERGENCY PLAN NiagaraaI1 Enacted Under By -Law # 2005 -112 as amended Revised: July 2010 City of Niagara Falls - Emergency Plan TABLE OF CONTENTS 1.0 INTRODUCTION 3 2.0 AIM 3 3.0 AUTHORITY 4 3.1 DEFINITION OF AN EMERGENCY 4 3.2 TIERED RESPONSE 5 3.3 DECLARATION OF EMERGENCY: 6 3.4 ACTION PRIOR TO DECLARATION 6 4.0 EMERGENCY NOTIFICATION AND ACTIVATION PROCEDURES 7 4.1 PLAN ACTIVATION 7 4.2 EMERGENCY ALERT SYSTEM NOTIFICATION CALL -OUT LEVELS 7 4.3 REQUESTS FOR ASSISTANCE 8 4.4 DECLARING A COMMUNITY EMERGENCY: AUTHORITY TO DECLARE 9 4.5 TERMINATING AN EMERGENCY 10 5.0 THE COMMUNITY CONTROL GROUP 11 5.1 CORE MEMBERS 11 5.2 CITY EMERGENCY SUPPORT GROUP 11 5.3 OTHER AGENCIES /STAKEHOLDERS 12 5.4 EMERGENCY OPERATIONS CENTRE 12 5.5 CRITICAL INFRASTRUCTURE 12 5.6 COMMUNITY RISK PROFILE 12 5.7 OPERATING CYCLE 12 5.8 COMMUNITY CONTROL GROUP RESPONSIBILITIES 13 6.0 PLAN MAINTENANCE, REVISION, TESTING AND INTERNAL PROCEDURE 14 6.1 PLAN MAINTENANCE AND REVISION 14 6.2 TESTING OF PLAN 14 6.3 INTERNAL PROCEDURES 14 2 1.0 INTRODUCTION City of Niagara Falls - Emergency Plan Municipal emergencies could be defined as situations caused by the forces of nature, an accident, an intentional act or otherwise, that constitutes a danger to the City of Niagara Falls, its residents and visitors. These situations require a controlled and coordinated response by a number of agencies, both government and private, under the direction of the appropriate elected or appointed officials, as distinct from routine operations carried out by an agency or agencies as normal day to day procedures (e.g., firefighting, police activities, normal hospital routines.) Whenever an emergency occurs, the initial and prime responsibility for providing immediate assistance and control rests with the affected departments within the municipality. Where a situation cannot be adequately dealt with under existing division of statutory responsibilities and areas of mutual cooperation, the Chief Administrative Officer, in accordance with By -law 2005 -112, as amended, shall coordinate and control all departments of the City of Niagara Falls that may be required to deal with a situation. Where the resources of the City of Niagara Falls are insufficient to cope with the situation, assistance will be requested of the Regional Municipality of Niagara. As enabled by The Emergency Management and Civil Protection Act, 2006, this Emergency Response Plan and its elements have been: • Adopted by the City of Niagara Falls by a duly passed by -law. • Filed with Emergency Management Ontario, Ministry of Community Safety and Correctional Services and the Regional Municipality of Niagara. 2.0 AIM The aim of this plan is to make provision for the extraordinary arrangements and measures that may need to be taken to protect the health, safety, welfare, environment and economic prosperity of the residents, businesses and visitors of the City of Niagara Falls when faced with an emergency. It enables a centralized, controlled and coordinated response to emergencies in the City of Niagara Falls and meets the legislated requirements of The Emergency Management Act and Civil Protection Act, 2006. 3 3.0 AUTHORITY The EMCPA states that: City of Niagara Falls - Emergency Plan Objectives: 1. To prepare and maintain an emergency plan for the efficient training and deployment of all personnel and services required in an emergency situation in the City of Niagara Falls. 2. To authorize employees of the municipality to take action under the emergency plan, including the state prior to formal declaration of the emergency. The Emergency Management and Civil Protection Act, 2006 (EMCPA) is the legal authority for this Emergency Response Plan. "Every municipality shall formulate an emergency plan governing the provision of necessary services during an emergency and the procedure under and the manner in which employees of the municipality and other persons will respond to the emergency and the council of the municipality shall by by -law adopt the emergency plan." [Section 3 (1)] "The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area." [Section 4 (1)] 3.1 Definition of an Emergency The EMCPA defines an emergency as: "An emergency means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise." The Emergency Operations Centre (EOC) can be activated for any emergency for the purposes of managing an incident, maintaining essential services to the community and supporting emergency site operations. 4 3.2 Tiered Response For the purpose of this Plan, the above definition of emergency is further refined within the following contexts: 3.2.1 Tier One: Local Municipal Emergency City of Niagara Falls - Emergency Plan Any emergency occurring within the boundaries of one or more Niagara Region Local Area Municipalities that is within the combined capabilities of the Local Area Municipality / Municipalities and the Niagara Region to cooperatively respond to, effectively manage and recover from as declared by the Local Head of Council. During such emergencies, Niagara Region will provide assistance as requested to the affected municipality /municipalities to support municipal emergency operations. This may include staff / resources to an emergency site, municipal operations centre or any other location as required. In addition, Niagara Region may activate the Region's Emergency Management Structure to better coordinate regional support to multiple municipalities, multiple support locations and /or to ensure essential regional service provisions apart from the area(s) affected by the emergency. 3.2.2 Tier Two - Regional Emergency Any large scale or widespread emergency occurring within the boundaries of Niagara Region impacting multiple municipalities that is within the combined capabilities of the Local Area Municipalities and the Niagara Region to cooperatively respond to, effectively manage and recover from as declared by either the Local Municipal Heads of Council and/or the Regional Head of Council. In rare situations, a Regional Emergency Declaration may be required to best facilitate region -wide coordination of emergency support. These large scale or widespread emergencies could include: Public Health & Safety Emergency (Disease Outbreak / Environmental Hazard) • Critical Infrastructure Failure (Utility Outage / Water Supply Disruption) Natural Disaster (Severe Weather / Large Scale Flooding / Winter Storms) During such emergencies, Niagara Region will activate the Region's Emergency Management Structure to best coordinate regional operations and to support multiple municipalities, multiple support locations and /or to ensure continuity of essential regional service provisions apart from the area(s) affected by the emergency. In addition, Niagara Region will continue to provide assistance as requested to the affected municipalities to assist with municipal emergency operations. This could include staff / resources to support emergency operations at emergency sites, municipal operations centres or at any other location as required. 5 3.2.3 Tier 3 - Provincial Emergency Any widespread emergency, which impacts large portions of the Province of Ontario that is within the capabilities of the Province of Ontario and its collective Municipalities to effectively respond to, manage and recover from (assisted or otherwise) as declared by the Premier of Ontario. Provincial emergencies could also include local emergency declarations by either the Local Municipal Heads of Council and /or the Regional Head of Council. During such emergencies Niagara Region may activate the Region's Emergency Management Structure / Emergency Operations Centre to better coordinate regional support to either local municipalities and /or externally impacted municipalities. In addition, Niagara Region will continue to provide assistance as requested to the affected municipalities to assist with municipal emergency operations should the event impact the local area. This could include staff / resources to support emergency operations at emergency sites, municipal operations centres or at any other location as required. 3.3 Declaration of Emergency: The EMCPA states that: "The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area." (4.1) 3.4 Action Prior to Declaration City of Niagara Falls - Emergency Plan The Emergency Management and Civil Protection Act authorizes any employee of the City of Niagara Falls to take any actions required as described in this Plan where an emergency is imminent, exists but has not yet been declared to exist in order to protect property and the health, safety and welfare of the City of Niagara Falls. An emergency declaration is not required to activate this Plan and activation of this Plan does not in itself constitute an emergency declaration. 6 4.0 EMERGENCY NOTIFICATION AND ACTIVATION PROCEDURES 4.1 Plan Activation 4.1.1 Reporting an Emergency A responding agency or municipal department is likely to be the first on site authority to an emergency. The ranking officer for fire, police or a senior municipal official (or their designate) should personally assume control at the site of an emergency or arrange for someone on -site to take charge immediately until an Emergency Site Coordinator is appointed. If, in the judgment of the senior on -site official, the situation requires a more coordinated response or resources are required beyond their immediate control, the senior on -site official must contact their most senior departmental official in accordance with any existing departmental reporting procedure. 4.1.2 Emergency Notification Procedure If a CCG member discovers that an emergency situation has occurred or is likely to occur in the City, they will immediately notify the Niagara Falls Fire Department Alarm Room, 905 - 356 -1321 ext. 2200, to alert the Community Control Group and may activate the City of Niagara Falls Emergency Radio Network as necessary. (Annex G) 4.2 Notification Call -out Levels 4.2.1 Full Notification City of Niagara Falls - Emergency Plan When the Niagara Falls Fire Department Communications staff is directed to carry out a "Full Notification ", all members of the Community Control Group will be contacted and instructed to respond to the Emergency Operations Centre at a designated time. 4.2.2 Partial Notification When the Niagara Falls Fire Department Communications staff is directed to carry out a "Partial Notification ", only selected members of the Community Control Group, depending upon the emergency situation, will be contacted and instructed to respond to the Emergency Operations Centre at a designated time. 4.2.3 Stand -by Notification When the Niagara Falls Fire Department Communications staff is directed to carry out a "Stand -by Notification ", all, or selected members of the Community Control Group will be contacted and instructed to "stand by" for further information. This notification level may be used if there is an emergency situation developing or the threat of an emergency occurring which does not yet merit assembling members of the Community Control Group. 7 1. Fire Chief /CEMC 2. Mayor or his duly authorized representative 3. Chief Administrative Officer 4. Niagara Regional Police Representative 5. Public Information Officer 6. Emergency Medical Services (NEMS) Representative 7. Director of Municipal Works 8. Director of Transportation Services 9. Health Program Director City of Niagara Falls - Emergency Plan Unless otherwise directed, Niagara Falls Fire Department will alert personnel, alternates and agencies required to form the Community Control Group in the following order: The above listed personnel are responsible for arrangements to notify agencies and other personnel under their control as they deem appropriate. Note: Names and Telephone Numbers of Emergency Control Group are listed in Annex A (Confidential) 4.3 Requests for Assistance Emergency assistance is structured at four levels of government in Canada, progressing from the local municipality up to Federal Government level using a "bottom up" approach. Assistance from the Regional Municipality of Niagara can be requested by the Mayor or designate to the Regional Chairman or by the City CAO or designate to the Regional CAO. This assistance could include personnel with special expertise, specialized equipment with trained operators, and /or any other type of service /expertise required to support emergency operations. Assistance may be requested from the Regional Municipality of Niagara without any loss of control or authority. A request for assistance from the Government of Ontario would be made by contacting the Provincial Emergency Operation Centre, Emergency Management Ontario regardless if the Plan has been activated or not. Once the request for emergency assistance has been received by Emergency Management Ontario, it is their responsibility to determine their capability to offer the assistance requested and /or coordinate the assistance request through to the appropriate Provincial/ Federal Ministry and reply to the City of Niagara Falls on the status of the request. 8 City of Niagara Falls - Emergency Plan 4.4 Declaring a Community Emergency: Authority to Declare The Mayor (or the Acting Mayor) has the legislative authority under the Emergency Management and Civil Protection Act, 2006 to declare an "Emergency to Exist" within the boundaries of the City of Niagara Falls. The decision to declare an emergency to exist is made by the Mayor, preferably in consultation with the members of the Community Control Group. The Mayor does, however, have the ultimate authority whether or not to make an emergency declaration. A sample emergency declaration is attached as Annex C to this Plan. The Mayor or Acting Mayor may declare that an emergency exists in the City of Niagara Falls or in any part thereof, and may take such action and make such orders as he /she considers necessary and are not contrary to law to implement the Emergency Response Plan for Niagara Falls, and to protect the property and the health, safety and welfare of the inhabitants of the emergency area. Declaring an emergency to exist within the City of Niagara Falls is not required, prior to activation and implementation of this Emergency Response Plan, nor does it give the City any extraordinary powers that they are not already granted through activation of the Emergency Response Plan. However, an emergency declaration may create greater understanding and promote a sense of urgency to the public regarding the severity of an emergency situation and encourage greater public compliance. Therefore, an emergency declaration may be useful if the Community Control Group will be requesting the public to do something out of the ordinary, such as evacuate. In addition, an emergency declaration grants the City the power to protect volunteer emergency workers under the provision of the Occupational Health and Safety Act 1 1990. If a volunteer is participating in a Declared Emergency and is registered with the City, they are then considered "City Workers" and protected under the provisions of the Act. Should that volunteer be injured, the City submits the insurance form to the Workplace Safety and Insurance Board. Registration of volunteers will be coordinated by the City's Human Resources Department. Upon declaring an emergency, the Mayor will notify: • City Council • Emergency Management Ontario • Public • Neighbouring community officials, as required • Regional Chair • Local Member of Provincial Parliament (MPP) • Local Member of Parliament (MP) 9 &5 Terminating an Emergency The Mayor, his duly authorized representative, or Council (by a majority vote) may at any time, declare that an emergency has terminated. An Emergency Termination Form is provided in Annex C. When terminating an emergency, the Mayor will notify: • City Council • Emergency Management Ontario • Public • Neighbouring community officials, as required • Regional Chair • Local Member of Provincial Parliament (MPP) • Local Member of Parliament (MP) City of Niagara Falls - Emergency Plan Section 7.0.1 of the Emergency Management and Civil Protection Act, 2006 states that the Lieutenant Governor in Council or the Premier, if in the Premier's opinion the urgency of the situation requires that an order be made immediately, may by order declare that an emergency exists throughout Ontario or in any part of Ontario. An emergency declared under Section 7.0.1 is terminated at the end of the 14th day following its declaration unless the Lieutenant Governor in Council by order declares it to be terminated at an earlier date. 10 5.0 THE COMMUNITY CONTROL GROUP City of Niagara Falls - Emergency Plan An emergency requires a controlled and coordinated response by multiple departments /agencies under the direction of appropriate officials - members of the Community Control Group. This group is responsible for coordinating the provision of the essential services necessary to respond to and minimize the effects of an emergency on the community. 5.1 Core Members The CCG consists of the following officials and their alternates: • Fire Chief /CEMC • Mayor of the City of Niagara Falls • Chief Administrative Officer • Niagara Regional Police Representative • Public Information Officer • Emergency Medical Services (NEMS) Representative • Director of Municipal Works • Director of Transportation Services • Health Program Director Note: The Community Control Group may function with only a limited number of persons depending upon the emergency. While the Community Control Group may not require the presence of all the people listed as members of the control group, all members of the Community Control Group should be notified. 5.2 City Emergency Support Group The City Emergency Support Group shall be composed of persons, or their designates, holding the following appointments: • Director of Finance • City Solicitor • Human Resources Manager or Representative • Administrative Resource Officer • Information Technology /GIS • Region of Niagara Community Services • Director of Planning & Development • Director of Buildings Services • Amateur Radio Emergency Services (ARES) As required, identified members of the Emergency Support Group will join the Community Control Group. 11 5.3 Other Agencies /Stakeholders The following services, agencies or officials will operate in support of the CCG as a liaison when /if required. • Emergency Management Ontario • Canadian Red Cross • Regional Niagara Emergency Management Co- ordinator • Ontario Provincial Police • Niagara Peninsula Conservation Authority • Liaison staff from provincial ministries • Enbridge Consumers Gas • Bell Canada representatives • District School Board of Niagara and Niagara Catholic District School Board • Office of the Fire Marshal • Ontario Power Generation • Niagara Falls Hydro • Niagara Falls Bridge Commission • Niagara Parks Police • Any other officials, experts or representatives from the public or private sector as deemed necessary by the CCG 5.4 Emergency Operations Centre The CCG will report to the Primary Emergency Operations Centre or the alternate if the Primary is unavailable for use. Details of the EOCs including equipment and set -up are outlined in Annex D (confidential) 5.5 Critical Infrastructure 5.7 Operating Cycle 5.6 Community Risk Profile City of Niagara Falls - Emergency Plan Critical Infrastructure is the network of systems that deliver essential services that our community depends on. This includes electricity, gas, telecommunications systems, transportation and water /sewage. See Annex E (Confidential) for critical infrastructure type, primary components, owner /operator, location and primary contact information. See Annex F (Confidential) for the Niagara Falls Community Risk Profile which ranks potential hazards by type, probability and consequence. Members of the CCG will gather at regular intervals to inform each other of actions taken and problems encountered. The Chief Administrative Officer will establish the frequency of meetings and agenda items. Meetings will be kept as brief as possible thus allowing members to carry out their individual responsibilities. The Administrative Resource Officer will maintain a status board and maps, which will be prominently displayed and kept up to date. 12 5.8 Community Control Group Responsibilities City of Niagara Falls - Emergency Plan The actions or decisions which the members of the CCG are likely to be responsible for but not limited to are: (a) Declaring an 'emergency' to exist (b) Coordinating and directing their service and ensuring that any actions necessary for the mitigation of the effects of the emergency are taken, provided that they are not contrary to law (c) Determining if the location and composition of the CCG are appropriate. (d) Advising the Mayor as to whether the declaration of an emergency is recommended (e) Designating any area in the municipality as an "emergency area" (f) Ensuring that an Emergency Site Manager (ESM) is appointed (g) Ordering, coordinating and /or overseeing the evacuation of inhabitants considered to be in danger (h) Discontinuing utilities or services provided by public or private concerns, i.e., water, hydro, gas, closing shopping plaza /mall, and arena (i) Calling out and mobilizing their emergency service, agency and equipment (j) Arranging for services and equipment from local agencies not under municipal control i.e., private contractors, volunteer agencies, service clubs (k) Notifying, requesting assistance from and /or liaison with various levels of government and any public or private agencies not under municipal control, as considered necessary (1) Determining if additional transport is required for evacuation or transport of persons and /or supplies (m) Ensuring that pertinent information regarding the emergency is promptly forwarded to the Public Information Officer for dissemination to the media and public (n) Relaying information on the emergency situation to the Regional Niagara Emergency Operations Centre, as required, through the Regional CEMC (o) Determining the need to establish advisory group(s) and /or sub- committees (p) Authorize the expenditure of monies required to deal with the emergency (q) Notifying the service, agency or group under their direction, of the termination of the emergency (r) Maintaining a log outlining decisions made and actions taken, and submitting a summary of the log to the CAO within one week of the termination of the emergency, as required (s) Establishing a reporting and inquiry centre under the direction of the Public Information Officer to handle individual requests for information concerning any aspect of the emergency (t) Ensuring a supply of fuel is maintained (u) Participating in the debriefing following the emergency (v) Each member of the Control Group is responsible for coordinating and directing their service and ensuring that any actions necessary for the mitigation of any of the effects of the emergency are taken (w) Each member is responsible for providing clerical support staff (scribes) where needed 13 6. PLAN MAINTENANCE, REVISION, TESTING AND INTERNAL PROCEDURE 6.1 Plan Maintenance and Revision • The City of Niagara Falls Emergency Plan will be maintained by the Emergency Management Coordinator. • This plan will be reviewed annually by the Emergency Management program committee and revised as required. The plan will also be reviewed as a result of each emergency or planning / training exercise. • The EMC will print and distribute the revised plan in accordance with the distribution list. • Each time the plan is substantially amended, it must be forwarded to City Council for approval. However, minor editorial revisions and updates to maintain the currency of the plan may be made without resubmitting the plan to City Council each time for approval. The CEMC will be responsible for the updates to and distribution of the plan. • It is the responsibility of each person, agency, service or department named within this emergency plan to notify the CEMC forthwith of any revisions to the appendices or administrative changes. 6.2 Testing of Plan 6.3 Internal Procedures City of Niagara Falls - Emergency Plan The City of Niagara Falls Emergency Program Committee will test the City's Emergency Plan on an annual basis. Each department involved with this emergency plan shall prepare functional emergency procedures or guidelines outlining how it will fulfill its responsibilities during an emergency. 14 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to declare Parts 1 -5 on Reference Plan 59R- 14301, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, every municipality and local board shall by by- law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That part of Stamford Township Lot 132 being Parts 1 -5 on Reference Plan 59R- 14301, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010. August 9, 2010. August 9, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of August, 2010. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 9th day of August, 2010 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this ninth day of August, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 9, 2010 August 9, 2010 August 9, 2010