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2011/07/18
COUNCIL MEETING Monday, July 18, 2011 Order of Business and Agenda Package Niagarapalls PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of June 27, 2011 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. OPTIMIST CLUB PROPERTY/ PLANNING MATTERS/ CLOSE & DECLARATION OF SURPLUS LANDS Transportation Master Plan Doug Allingham, AECOM, will make a presentation on the City's ongoing Transportation Master Plan study and the impact on the proposed development on the Optimist Club property. -AND- TS- 2011 -25 - Morrison Street/Optimist Lands Right of Way Public Meeting 26T -11- 2011 -01 & AM- 2011 -003 Optimist Park Draft Plan of Subdivision Official Plan Amendment Application Zoning By -law Amendment Application Dorchester Road ( West Side) North of Morrison Street Owner: River Realty Development (1976) Inc. Background Material: COUNCIL MEETING July 18, 2011 DISCLOSURES OF PECUNIARY INTEREST Recommendation Reports: PD -2011- 37, Optimist Park Draft Plan of Subdivision L- 2011 -13 - Permanently Close, Declare Surplus and Convey Part of Morrison Street, and Declare Surplus and Convey Part 2 on Reference Plan 59R -366. -AND- 2 Correspondence from Gino Capitano Correspondence from Mark Stirtzinger Correspondence from David & Janet Devine Correspondence from Harry & Christina Watling CAO- 2010 -01, The Optimist Club PLANNING MATTERS Public Meeting AM- 2011 -005, Zoning By -law Amendment Application 3431 & 3441 St. Paul Avenue Applicant: Bob Sobota Agent: Chris Cristelli Proposed Semi- Detached Dwellings Background Material: Recommendation Report: PD -2011- 47 -AND- Correspondence from Valerie Walter Correspondence from Joan Grimes Correspondence from John Steward & Adriana Nieuwesteeg MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Napoli Ristorante & Pizzeria - requesting on- street parking on the Regional Road (Ferry Street, north west corner) Recommendation: For the consideration of Council 2. Ross & McBride LLP - requesting, on behalf of their client, the Muller Group, an opportunity to voice their concerns regarding the proposed Niagara Falls Soccer Club Indoor Facility. Recommendation: For the consideration of Council 3 3. Bird Strike North America - requesting funding in association with their conference coming to Niagara Falls. Recommendation: Receive and file the correspondence. 4. Victoria Centre BIA - requesting approval of their 2011 budget and requesting a change in their Council representative. Recommendation: For the approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 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. CAO- 2011 -03 - 2011 -2014 Strategic Priorities - Biannual Progress Update CD- 2011 -13 - Adult Entertainment Licence Revocation F- 2011 -30 - 2010 Reserves and Reserve Funds F- 2011 -31 Municipal Accounts F- 2011 -32 - 2010 Development Charges FS- 2011 -05 - Memorandum of Understanding for Fire Investigations MW- 2011 -35 - Warren Creek Channel Construction Contract 2011-246-11 Tender Award PD- 2011 -48 - Telecommunication Facility Consultation, 4536 Portage Road, Atlus Group on Behalf of Bell Mobility R& C - 2011 -11 - Artificial Turf Field Allocation Policy BDD- 2011 -06 - Canadian Youth Business Foundation (CYBF) Program Implementation 2011 -92 2011 -93 - 4 - RESOLUTIONS THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for the Residential Conversion and Intensification Loan Program for 4410 -4414 Queen Street (Keefer Development & Historic Niagara). BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. A by -law to amend By -law No. 2008 -13, which amended By -law No. 79 -200, to add a place of worship as a use, limit the occupancy of non - residential uses to 70 persons at any given time and adjust several other regulatory provisions. A by -law to designate Lots 145, 146 and 147, Plan 307 and Lot 84 and Part of Block "A ", Plan 310 to be deemed not to be within a registered plan of subdivision. 2011 -94 A by -law to authorize the execution of a consulting agreement with MMM Group for the Niagara Falls Fire Department Fire Station Location Study. 2011 -95 A by -law to temporarily amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2011 -96 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction) 2011 -97 A by -law to establish the rates for the Visitor Transportation System (HANDOUT). 2011 -98 A by -law to authorize the payment of $5,857,734.80 for General Purposes. 2011 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of July, 2011. NEW BUSINESS Niagara& s REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the matter concerning the future of the Morrison Street right -of -way, over the existing Optimist Lands, be deferred until after the planned public meeting for the Draft Transportation Master Plan and the completion of the Final Transportation Master Plan, slated for this September and October, respectively. EXECUTIVE SUMMARY The Transportation Master Plan currently underway will identify future transportation needs until 2031. It is anticipated that the master plan will be completed later this year. A draft Plan of Subdivision for the Optimist lands has been submitted for staff review. Since the master plan is not yet completed, the consultant preparing the master plan has provided a position paper suggesting that the Morrison Street right -of -way be retained for future network connectivity based on future transportation needs beyond 2031. The draft Plan of Subdivision for the Optimist lands incorporated the city right -of -way in its design, and thus its retention by the City will require the developer to modify the subdivision plan. BACKGROUND Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -25 Morrison Street/Optimist Lands Right of Way TS- 2011 -25 July 18, 2011 Staff, along with the consulting firm AECOM are currently in the process of preparing the Sustainable Transportation Master Plan that will identify strategies, policies and infrastructure improvements that will be needed to meet future transportation demands within the City of Niagara Falls up to the year 2031. Concurrently, a draft plan for a proposed development of the Optimist lands was recently submitted by a developer for staff review. The proposed development of the Optimist lands located on the northwest corner of Dorchester Road and Morrison Street includes the City owned right -of -way corridor commonly referred to as the Morrison Street extension. As noted, road infrastructure improvements and new corridors to meet future transportation demands will be identified in the master plan. The undertaking of a master plan is typically a 2 year project and is anticipated to be completed by the fall of this year. July 18, 2011 As comments from the Optimist site plan have been requested now, prior to the completion of the master plan, the consultant AECOM, who is undertaking the master plan has been requested to provide a position paper on the Morrison Street right -of -way and its role in the City of Niagara Falls future transportation network. AECOM has provided a response indicating that the use of the Morrison Street right -of -way is not required until beyond 2031. However, beyond 2031 it is anticipated that the flyover across the QEW will be needed to provide relief primarily as a result of future congestion on Thorold Stone Road. Aflyoverwould also provide for active transportation opportunities for cyclists and pedestrians. The consultant was also requested to review whether extending 420 westerly, using the MTO corridor, would suffice in providing relief and negate the need for the flyover. Modelling results indicated that there was minimal change in future volumes using Thorold Stone Road even with the 420 extension and further that the 420 extension would be more beneficial in reducing traffic volumes on Lundys Lane rather than Thorold Stone Road. Thus, based on the modelling exercise, AECOM is suggesting that the city protects the current right -of -way on Morrison Street for future network connectivity. Furthermore, it is suggested that a minimum 26m right -of -way be protected. The right -of -way is currently irregular in width ranging from 15m to 30 +m. Reserving any of the right -of -way will require a redesign to the Optimist draft plan of subdivision proposal. An important process in finalizing a transportation master plan is ensuring that the public has opportunities for input throughout its development. To date there have been two public meetings, September 2010 and January 2011 with another to be held in late summer /early fall 2011. Although public representation has been low at the meetings, comments have been received stating the importance of retaining the Morrison Street right -of -way and the need for an overpass to relieve congestion. ANALYSIS /RATIONALE FINANCIAL /STAFFING /LEGAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT -2- TS- 2011 -25 A modelling exercise was undertaken to identify where future capacity deficiencies will exist in the transportation network. It was identified that the future volume of traffic on Thorold Stone Road will negatively impact the overall network. Thus a crossing over the QEW via Morrison Street has been identified as an opportunity to alleviate the anticipated future congestion beyond 2031. This would require the retention of the existing right -of -way and thus impact the proposed draft Plan of Subdivision for the redevelopment of Optimist Park. There are no financial implications at this time. Future implications may result in the need to acquire additional right -of -way along with a structure. Retaining the Morrison Street corridor preserves Council's commitment in achieving the four guiding principles of the Sustainable Transportation Master Plan - optimizing the transportation system, promote transportation choice, foster a strong economy, and July 18, 2011 supporting sustainable development and growth. LIST OF ATTACHMENTS Draft QEW Crossing Alternatives AECOM May 18 correspondence AECOM June 7 correspondence Optimist draft plan of Subdivision Editorial / email Chamber of Commerce Recommended by: Respectfully submitted: -3- TS- 2011 -25 Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer M. Carrick S: \General Administration \GA 1.01 Reports\2011 Council \07 Jul 18 \TS- 2011 -25 Morrison StreetOptimist Lands Right of Way.wpd 0 N 0 ce 0 2 0 0 1- z } W z 0 0 (11 1- Q f' a z Q 1- RPT- 2011- 05 -12- Evaluation Working Paper DRAFT- 60119125.Docx X N iagarapii1s Do Nothing Niagara Region &siCmg Co'rulr +unfit &rrlding Lives. A=COM Figure 5: QEW Crossing Alternatives etr MD MX sun Svwi n,R „�e7.zp Ls. Road ■l R e dige Rime Widening mum 1m New Road Connection The Do Nothing alternative is self explanatory, and essentially represents doing nothing beyond the TDM /Transit and road improvements that are currently planned or programmed. This alternative is also used as a benchmark to compare the benefits and impacts of the other alternatives. Alternative 1 — Morrison Street Crossing This alternative includes a new grade separated bridge crossing the QEW to connect the east and west section of Morrison Street. The new road connection would tie into the existing Morrison Street / Montrose Road intersection on the west side of QEW and would need to span over Kent Avenue in addition to QEW. On the east side of QEW, the new crossing would connect to the existing Morrison Street / Dorchester Road intersection through or adjacent to Optimist Park and the existing retail development on the south side of Morrison Street. Figure 6 illustrates the conceptual location of the potential crossing. 10 N 0 0 fY 0 2 0 1- 0 z 0 )- W CO z 0 H 0 0. N z 1- RPT- 2011- 05 -12- Evaluation Working gaper DRAFT - 60119125. Doc, Niagirraralls Niagara / j Region gadmg Cw :m.tinxy. &Aiing Loves, Figure 6: Location of Morrison Street QEW Crossing Alternative 2 — Dunn Street Crossing A=COM This alternative includes a new grade separated bridge crossing of the QEW using the existing Hydro corridor north of McLeod Road. The new road connection would tie into Montrose Road on the west side of QEW and would cross over the Hydro canal and connect to Dorchester Road on the east side of QEW, just north of Dunn Street. Figure 7 illustrates the conceptual location of the potential crossing. Figure 7: Location of Dunn Street QEW Crossing 11 O N > 0 Ix t 0 0 1- 0 z 0 } W w Z F Q F- 0 0. N Z 4 ce 1- RPT- 2011 - 05-12- Evaluation Working Paper DRAFT - 660119125. Docx X4 N iagaraJYt1IS Niagara 81 ,QMg Ccrnmurar Region Ming Lacs. Alternative 3 — Widen McLeod Road A=COM This alternative would involve widening McLeod Road to six lanes where it crosses the QEW, between Montrose Road and Dorchester Road. This would involve widening the bridge across QEW as well as the bridge across the Hydro Canal, just east of the QEW interchange. Alternative 4 — New QEW Crossing South of McLeod (Oldfield Road) & Improvements to Highway 420 Crossing This alternative would involve improvements to enhance capacity of the existing Highway 420 crossing of QEW, where it intersects Montrose Road. This would include minor widening of the existing ramps to eliminate lane drops and intersection enhancements at the Highway 420 / Montrose Road intersection to accommodate increased volumes. In addition, the construction of a new crossing over the QEW would connect Oldfield Road and Montrose Road, to the south of McLeod Road. This crossing would connect into the planned road network for the Garner South Secondary Plan area, covering the lands south of McLeod Road and East of QEW and would also access the potential Thundering Waters Secondary Plan area on the East side of the QEW, south of Oldfield Road to the Welland River. Figure 8: Location of Oldfield Road QEW Crossing 12 A. COM May 18, 2011 Marzenna Carrick City of Niagara Falls 7150 Montrose Road Unit #1 Niagara Falls, Ontario L2H 3N3 Dear Marzenna: AECOM 300 Water Street Whitby, ON, Canada L1N 9J2 www.aecom.com Project No: 60119125 Sustainable Transportation Study and Master Plan (STMP) Regarding: Morrison Street Flyover 905 668 9363 tel 905 668 0221 fax As noted in our recent telephone conversation on May 12, 2011, Optimist Park is currently for sale. The City was approached by a land developer concerning the adjacent property, which we shall refer to in this letter as the Morrison Street right -of -way (ROW). The Morrison Street ROW, between the existing Morrison Street and the QEW highway is owned by the City, and has been indefinitely reserved for the future Morrison Street flyover alignment, as per the 1998 TMP. Recently, it was requested that the City release the Morrison Street ROW to the developer. City staff requested that available information should be provided now, as to the current direction of the STMP, for City review. For AECOM's review, a preliminary site plan was provided, along with a plan showing existing property lines, and one email correspondence from a city resident (correspondence was also in a local newspaper editorial). The issues, along with a discussion of the available information primarily taken from the findings of the draft STMP working papers, including "Evaluation of Proposed Options" and "Active Transportation ", are listed below: 1) The need for a structure at Morrison Street for vehicles to cross over QEW (flyover; no connection to QEW) Based on the capacity assessment completed for the STMP, five QEW crossing altematives were evaluated, including a Do Nothing scenario where no additional crossings were provided. The four crossing locations /alternatives included in the evaluation were: Morrison Street; Dunn Street; McLeod Road (widening of existing crossing); and a new crossing south of McLeod (at Oldfield Road) in addition to improvements at the Highway 420 crossing. The Morrison Street alternative considered a new grade separated bridge crossing the QEW to connect the east and west section of Morrison L -Carr ck- 2011 -O5-1 &Morrison Flyover - 60119125. Docx A=COM Street. On the west side of the QEW, the new crossing would connect to the existing Morrison Street/Dorchester Road intersection through or adjacent to Optimist Park and the existing retail development on the south side of Morrison Street. Page 2 May 18, 2011 Four broad categories were included in the analysis, and each category included multiple evaluation criteria under the following categories: • Transportation System • Social /Cultural • Natural Environment • Economic Environment From a Transportation System perspective, either the Morrison Street Crossing or a new crossing south of McLeod Road is the preferred alternatives. Widening McLeod Road was determined to have the least social /cultural impact on the community. The Do Nothing altemative would have the least impact on the natural environment, and the best economic impacts would come from either widening McLeod Road or providing a new crossing south of McLeod Road. As noted in the working paper, "the proposed new QEW crossing south of McLeod Road is preferred from a transportation and economic perspective. Modest potential for environmental affects to designated Environmental Areas and woodlots can be minimised through routing of crossing and design measures. Linkage to new growth areas provides enhanced connectivity for auto and non - auto traffic and separates tourist and local traffic flows in south end of community." The Morrison Street Crossing is not currently the preferred QEW crossing location within the time horizon and growth forecasts developed for this study. With the new crossing south of McLeod Road the QEW screenline will operate at acceptable levels of service and this crossing more directly serves the new growth areas in the south west area of the City. This information was presented to the public at PIC 2. It is noted however, that Thorold Stone Road, the next QEW crossing to the north, is forecast to be operating close to capacity by 2031. In the interest of protecting long term opportunities to address needs beyond 2031 we would suggest that the Morrison Street ROW be protected for a potential future road crossing in the event that Thorold Stone Road cannot be widened to provide the necessary capacity in the future (beyond 2031) without significant impacts.. 2) The need for a cyclist/pedestrian QEW crossing at this location The Active Transportation draft working paper noted that a pedestrian /cyclist crossing at the Morrison Street/Zimmerman Avenue would provide an east -west route that connected well with planned on and off -road routes. In addition, the connection is considered to have lower traffic volumes than other adjacent roadways. The draft working paper also noted that this facility should be provided if proposals to connect Morrison Street to Woodbine Street were to proceed. The working paper will also include a statement that, as a long term improvement, in the case where the Morrison Street/Woodbine connection is not required for motorists, the property should be reserved for a pedestrian /cyclist connection across the QEW should it be a necessary component in the overall cycling route. L- Carrick- 2011 -051 8-Morrison Flyover- 60119125.Docx A=COM 3) Service road connection between Morrison Street with Dawson Street for congestion relief and alternate route during rail crossing blockages As AECOM noted in our January 13 2011 meeting with the project steering committee, a secondary road access to the commercial area west of Dorchester Road at Morrison Street was considered. The potential road connection would proceed south across the CN rail line to connect to Dorchester Road in the vicinity of Dawson Street. While a service road may help to alleviate congestion at the Dorchester Street / Morrison Street intersection during peak periods, this new connection would provide limited benefit in terms of addressing congestion when a train passes through the Morrison Street and Dorchester Road at grade crossings. Due to the spacing of this potential crossing to the existing crossing on Dorchester Road and the length of the typical trains that pass through the City, the lights / and or gates at the new grade crossing on the service road would likely be activated as soon as a train activates the crossing at Dorchester Road resulting in both crossings being closed simultaneously, as illustrated in Figure 1, below. Figure 1 — At Grade Rail Crossing on Service Road Another option for this connection would be to utilize the existing grade separation for the Highway 420 ramps to QEW northbound and try to fit a separate two lane service under this existing bridge (avoiding the need for an at grade crossing). Figure 2 shows the existing opening under this structure. L- Carrick - 2011- 05- 18- Momson Flyover- 60119125.DOcx Page 3 May 18, 2011 A=COM Figure 2 — Existing Rail Crossing of Hwy 420 -QEW NB ramp The width of the existing structure opening may allow sufficient space for a single lane of traffic, but would not accommodate a two lane service road plus the necessary concrete barriers and shoulders required to meet safety standards without re- construction of the existing structure. Given the nature of the existing bridge abutment and its proximity to the edge of pavement, a complete reconstruction would likely be required to move the abutment further back to allow for the additional width to accommodate the potential service road. The reconstruction of this structure would likely require a new CN Rail structure be built beside the existing bridge so that train traffic could be maintained during construction. Given the costs for this type of bridge construction, it would likely be more cost effective to provide a separate grade separation for the service road across the CN Rail line. This would address the localized concerns about capacity when a train passes through but does not address the longer term capacity needs for vehicular crossing of QEW. 4) The public process for STMP review and approval I_Carrick- 2011 -05-1 8-Morrison Flyover- 60119125.Docx Page 4 May 18, 2011 The draft recommended road network improvement plan was presented to the public at Public Meeting #2 (January 27, 2011). Comments received following that Public Meeting have been generally in agreement with the proposed road network plan. One email comment received from the public commented that the City should buy enough of Optimist Park property to allow room for the Morrison Street extension across the QEW. One comment sheet submitted at Public Meeting #2 noted that additional QEW crossings should be placed at already developed City locations, not at Oldfield Road as it is an environmentally sensitive area, and a second comment sheet noted that an extension of Morrison Street is a good idea, but an overpass of the railway crossing is necessary. The issue of the need for rail grade separations has been identified by a number of stakeholders. A. COM City staff have advised that a decision on the release of the property should wait for the completion of the STMP, to confirm the direction and approach for the Morrison Street flyover. AECOM is in agreement with this approach. Based on our evaluation work to date, we identified that the best overall solution to provide new capacity across the QEW would be to provide a new crossing south of McLeod Road, in line with planned future development in this area of the City. As such, we would not see the need for the Morrison Street flyover in the next 20 years (to 2031) to address auto demands. However, given the limited opportunity for additional widening on Thorold Stone Road in the future, we would suggest that the City continue to protect for this future crossing, to provide maximum flexibility to accommodating future demands beyond the 2031 planning horizon, and to address the need for additional routes for walking and cycling trips to cross the QEW corridor. This position should be incorporated into our final recommendations presented at the Public Meeting for the STMP to obtain feedback from the public on this approach. Irrespective of the need for a flyover, the Draft Plan of Subdivision for the Optimists Park Lands should be revised to provide a minimum 26m ROW (plus any additional width required to accommodate approach fills for a future structure) to allow for a future connection across QEW. If a secondary entrance to Morrison Street is required to service these lands (or an interim connection to Morrison Street is to be permitted), the location of this connection road or intersection should be situated approximately 350m west of Dorchester Road, to allow suitable intersection spacing while maintaining maximum flexibility for developing suitable approach grades to a potential future structure across QEW. If you have any questions on the attached, please do not hesitate to contact me at your convenience. Sincerely, AECOM Canada Ltd. Doug Allingham, P.Eng. Executive Vice President doug.allingham @aecom.com DA:sh cc: Sheri Harmsworth, AECOM Kevin Jones, AECOM L- Carrick - 2011- 05- 18- Mornson Flyover- 60119125.Docx Page 5 May 18, 2011 A=COM June 7, 2011 Marzenna Carrick City of Niagara Falls 7150 Montrose Road Unit #1 Niagara Falls, Ontario L2H 3N3 Dear Marzenna: AECOM 300 Water Street Whitby, ON, Canada L1 N 9J2 www.aecom.com Project No: 60119125 Sustainable Transportation Study and Master Plan (STMP) Regarding: Morrison Street Flyover 905 668 9363 tel 905 668 0221 fax As noted in our recent telephone conversation on May 12, 2011, Optimist Park is currently for sale. The City was approached by a land developer concerning the adjacent property, which we shall refer to in this letter as the Morrison Street right -of -way (ROW). The Morrison Street ROW, between the existing Morrison Street and the QEW highway is owned by the City, and has been indefinitely reserved for the future Morrison Street flyover alignment, as per the 1998 TMP. Recently, it was requested that the City release the Morrison Street ROW to the developer. City staff requested that available information should be provided now, as to the current direction of the STMP, for City review. For AECOM's review, a preliminary site plan was provided, along with a plan showing existing property lines, and one email correspondence from a city resident (correspondence was also in a local newspaper editorial). The issues, along with a discussion of the available information primarily taken from the findings of the draft STMP working papers, including "Evaluation of Proposed Options" and "Active Transportation ", are listed below: 1) The need for a structure at Morrison Street for vehicles to cross over QEW (flyover; no connection to QEW) Based on the capacity assessment completed for the STMP, five QEW crossing alternatives were evaluated, including a Do Nothing scenario where no additional crossings were provided. The four crossing locations /alternatives included in the evaluation were: Morrison Street; Dunn Street; McLeod Road (widening of existing crossing); and a new crossing south of McLeod (at Oldfield Road) in addition to improvements at the Highway 420 crossing. The Morrison Street alternative considered a new grade separated bridge crossing the QEW to connect the east and west section of Morrison L- Carrick - 2011- 06 -07- Morrison Flyover- 60119125 A=COM Street. On the west side of the QEW, the new crossing would connect to the existing Morrison Street /Dorchester Road intersection through or adjacent to Optimist Park and the existing retail development on the south side of Morrison Street. L- Carrick - 2011- 06 -07- Momean Flyover - 60119125 Page 2 June 7, 2011 Four broad categories were included in the analysis, and each category included multiple evaluation criteria under the following categories: • Transportation System • Social /Cultural • Natural Environment • Economic Environment From a Transportation System perspective, either the Morrison Street Crossing or a new crossing south of McLeod Road is the preferred alternatives. Widening McLeod Road was determined to have the least social /cultural impact on the community. The Do Nothing alternative would have the least impact on the natural environment, and the best economic impacts would come from either widening McLeod Road or providing a new crossing south of McLeod Road. As noted in the working paper, "the proposed new QEW crossing south of McLeod Road is preferred from a transportation and economic perspective. Modest potential for environmental affects to designated Environmental Areas and woodlots can be minimised through routing of crossing and design measures. Linkage to new growth areas provides enhanced connectivity for auto and non - auto traffic and separates tourist and local traffic flows in south end of community." The Morrison Street Crossing is not currently the preferred QEW crossing location within the time horizon and growth forecasts developed for this study. With the new crossing south of McLeod Road the QEW screenline will operate at acceptable levels of service and this crossing more directly serves the new growth areas in the south west area of the City. This information was presented to the public at PIC 2. It is noted however, that Thorold Stone Road, the next QEW crossing to the north, is forecast to be operating close to capacity by 2031. In the interest of protecting long term opportunities to address needs beyond 2031 we would suggest that the Morrison Street ROW be protected for a potential future road crossing in the event that Thorold Stone Road cannot be widened to provide the necessary capacity in the future (beyond 2031) without significant impacts. As an alternative to a new flyover at Morrison Street, we also tested how well an extension of Highway 420, west to Beaverdams Road, would address capacity deficiencies on Thorold Stone Road. For this test it was assumed that a new connection would be provided along the MTO right -of- way to link the existing Highway 420 /Montrose Road intersection directly to Beaverdams Road via a new high capacity arterial road connection. While some longer distance traffic was attracted to this connection, most of that traffic was redirected from Lundy's Lane, with a smaller share diverting from Thorold Stone Road. When the Morrison Street extension was tested, the reduction in traffic using Thorold Stone Road was equivalent to about 1/3 of a lane of capacity. There was a minimal change in volumes using Thorold Stone Road when the Highway 402 connection was added. The Morrison Street crossing also attracted a number of local truck trips, providing access between Dorchester Road and the downtown area to the industrial sites on the west side of the QEW. Table 1 summarizes the difference in volumes using Thorold Stone Road for each of the scenarios. Scenario Westbound Difference Eastbound Difference Recommended Total Vehicles 1432 n/a 1179 n/a Trucks (287) (408) Morrison St Ext Total Vehicles 1214 - 218 1058 -121 Trucks (196) ( -91) (388) ( -20) Hwy 420 Extension Total Vehicles 1402 -30 1171 -8 Trucks (280) ( -7) (404) ( -4) AlCOM Table 1: 2031 PM Peak Volumes Using Thorold Stone Road at QEW From this assessment it appears that the benefits of providing a new connection for local traffic crossing the QEW has a greater benefit in terms of relieving congestion on Thorold Stone Road than providing a Highway 420 extension to Beaverdams Road to redirect longer distance traffic. 2) The need for a cyclist /pedestrian QEW crossing at this location The Active Transportation draft working paper noted that a pedestrian /cyclist crossing at the Morrison Street /Zimmerman Avenue would provide an east -west route that connected well with planned on and off -road routes. In addition, the connection is considered to have lower traffic volumes than other adjacent roadways. The draft working paper also noted that this facility should be provided if proposals to connect Morrison Street to Woodbine Street were to proceed. The working paper will also include a statement that, as a long term improvement, in the case where the Morrison Street/Woodbine connection is not required for motorists, the property should be reserved for a pedestrian /cyclist connection across the QEW should it be a necessary component in the overall cycling route. -Carr ck- 2011- 06 -07- Morrison Flyover - 60119125 Page 3 June 7, 2011 A=COM 3) Service road connection between Morrison Street with Dawson Street for congestion relief and alternate route during rail crossing blockages As AECOM noted in our January 13 2011 meeting with the project steering committee, a secondary road access to the commercial area west of Dorchester Road at Morrison Street was considered. The potential road connection would proceed south across the CN rail line to connect to Dorchester Road in the vicinity of Dawson Street. While a service road may help to alleviate congestion at the Dorchester Street / Morrison Street intersection during peak periods, this new connection would provide limited benefit in terms of addressing congestion when a train passes through the Morrison Street and Dorchester Road at grade crossings. Due to the spacing of this potential crossing to the existing crossing on Dorchester Road and the length of the typical trains that pass through the City, the lights / and or gates at the new grade crossing on the service road would likely be activated as soon as a train activates the crossing at Dorchester Road resulting in both crossings being closed simultaneously, as illustrated in Figure 1, below. Figure 1 - At Grade Rail Crossing on Service Road Page 4 June 7, 2011 Another option for this connection would be to utilize the existing grade separation for the Highway 420 ramps to QEW northbound and try to fit a separate two lane service under this existing bridge (avoiding the need for an at grade crossing). Figure 2 shows the existing opening under this structure. L- Carrick- 2011- 05 -07- Morrison Flyover.60119125 A. COM Figure 2 — Existing Rail Crossing of Hwy 420 -QEW NB ramp Page 5 June 7, 2011 The width of the existing structure opening may allow sufficient space for a single lane of traffic, but would not accommodate a two lane service road plus the necessary concrete barriers and shoulders required to meet safety standards without re- construction of the existing structure. Given the nature of the existing bridge abutment and its proximity to the edge of pavement, a complete reconstruction would likely be required to move the abutment further back to allow for the additional width to accommodate the potential service road. The reconstruction of this structure would likely require a new CN Rail structure be built beside the existing bridge so that train traffic could be maintained during construction. Given the costs for this type of bridge construction, it would likely be more cost effective to provide a separate grade separation for the service road across the CN Rail line. This would address the localized concerns about capacity when a train passes through but does not address the longer term capacity needs for vehicular crossing of QEW. 4) The public process for STMP review and approval The draft recommended road network improvement plan was presented to the public at Public Meeting #2 (January 27, 2011). Comments received following that Public Meeting have been generally in agreement with the proposed road network plan. One email comment received from the public commented that the City should buy enough of Optimist Park property to allow room for the Morrison Street extension across the QEW. One comment sheet submitted at Public Meeting #2 noted that additional QEW crossings should be placed at already developed City locations, not at Oldfield Road as it is an environmentally sensitive area, and a second comment sheet noted that an extension of Morrison Street is a good idea, but an overpass of the railway crossing is necessary. The issue of the need for rail grade separations has been identified by a number of stakeholders. L Car rick- 2011- 06 -07- Morrison Flyover- 60119125 A=COM City staff have advised that a decision on the release of the property should wait for the completion of the STMP, to confirm the direction and approach for the Morrison Street flyover. AECOM is in agreement with this approach. Based on our evaluation work to date, we identified that the best overall solution to provide new capacity across the QEW would be to provide a new crossing south of McLeod Road, in line with planned future development in this area of the City. As such, we would not see the need for the Morrison Street flyover in the next 20 years (to 2031) to address auto demands. However, given the limited opportunity for additional widening on Thorold Stone Road in the future, we would suggest that the City continue to protect for this future crossing, to provide maximum flexibility to accommodating future demands beyond the 2031 planning horizon, and to address the need for additional routes for walking and cycling trips to cross the QEW corridor. This position should be incorporated into our final recommendations presented at the Public Meeting for the STMP to obtain feedback from the public on this approach. Irrespective of the need for a flyover, the Draft Plan of Subdivision for the Optimists Park Lands should be revised to provide a minimum 26m ROW (plus any additional width required to accommodate approach fills for a future structure) to allow for a future connection across QEW. If a secondary entrance to Morrison Street is required to service these lands (or an interim connection to Morrison Street is to be permitted), the location of this connection road or intersection should be situated approximately 350m west of Dorchester Road, to allow suitable intersection spacing while maintaining maximum flexibility for developing suitable approach grades to a potential future structure across QEW. If you have any questions on the attached, please do not hesitate to contact me at your convenience. Sincerely, AECOM Canada Ltd. Doug Allingham, P.Eng. Executive Vice President doug.allingham @aecom.com DA:sh cc: Sheri Harmsworth, AECOM Kevin Jones, AECOM L- Carrick- 2011- 06 -07- Morrison Flyover- 60119125 Page 6 June 7. 2011 0 T HE V / 7 5 ry, 4t Q 1� v z 0 0 <~>. �7 �I 0 DORCHEq_E. ROAD QUEEN ELIZABETH `NAY U Li 0 z 0 Cr) 0 z n W Z Z Z 5 ,n W iU From: dataman <dataman @vaxxine.com> To: The Mayor <jdiodati @niagarafalls.ca>, Steven Gallagher <sgallagher @nfrev... Date: 5/7/2011 2:29 PM Subject: Optimist park sale With the pending sale of Optimist Park, I certainly hope that the city council has considered buying enough of this property to leave open the possibility of extending Morrison Street across the QEW at some future date. Most long time local residents will agree that this should have been accomplished years ago and i am sure that future generations will look back with disdain at the short sighted leaders of the day that this was rendered impossible. Woe that that day would be today. Rob Douglas 5226 Timothy Cr. NFO 905- 3.57 -0399 • NIAGARA FALLS June 17 2011 Mr. David Delude, Planner 2 City of Niagara Falls PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear M. Delude, RE: 4709 Dorchester Road (Roll No.: 2725-050-005-09800) Official Plan and Zoning By-law Amendment Application File: AM 2011-003 Draft Plan of Subdivision — File: 26T-11-2011-01 Thank you for providing us with a copy of the Notice of Application and Public Meeting for the Official Plan and Zoning By-law Amendment Application and Draft Plan of Subdivision for lands known as Optimist Park located at 4709 Dorchester Road. We have reviewed the information provided and understand a decision on this matter has been deferred by Council. The Chamber of Commerce is aware of a road allowance \A/hic,h exists on the subject property. The road allowance is located adjacent to the QEW at Morrison Street. In our view this road allowance should not be sold, but should be retained by the City of Niagara Falls for the future developinent of a Morrison Street overpass over the QEVV. VVe hope you will take this into consideration when Councii discusses this matter on July 18, 2011, President c c. Mayor Jim Diodati and Members of Council PD- 2011 -37 Niagaraaalls July 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -37 26T -11- 2011 -01 & AM- 2011 -003 Optimist Park Draft Plan of Subdivision Official Plan Amendment Application Zoning By -law Amendment Application Dorchester Road (West Side) North of Morrison Street Owner: River Realty Development (1976) Inc. RECOMMENDATION 1. That Council defer applications 26T -11- 2011 -01 and AM- 2011 -003 until a decision has been made on the unopened portion of Morrison Street as contained in the Strategic Transportation Master Plan. 2. Should Council declare the unopened portion of Morrison Street surplus, then Council grant draft plan approval to the Optimist Park Plan of Subdivision as detailed in this report and subject to the conditions in the attached Appendix. 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 4. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. 5. That the application to amend the Official Plan be approved as detailed in this report. 6. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. 7 That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. July 18, 2011 EXECUTIVE SUMMARY - 2 - PD- 2011 -37 The applicant has filed applications for an Official Plan amendment, plan of subdivision (for a total of 114 residential lots, a block for 18 on- street townhouse dwellings and a block for commercial development) and Zoning By -law amendment for the majority of Optimist Park. The subject lands are 9.262 hectares (22.89 acres) in area, including the unopened portion of Morrison Street owned by the City (approximately 0.84 hectare /2 acres). The subject lands have frontage on Morrison Street, Dorchester Road and Close Avenue. A variety of residential and commercial land uses surround the subject lands, as well as the Q.E.W. to the west. The City is currently in the process of updating its Sustainable Transportation Study and Master Plan (STMP). The latest draft of the STMP recommends protecting the unopened portion of Morrison Street for long term improvements beyond 2031. The applicant has designed the draft plan of subdivision based on acquiring the unopened portion of Morrison Street. Given the recommendation of the current draft of the STMP, the design of the draft plan of subdivision is in question. It would be premature for Council to approve the applications until Council declares the unopened portion of Morrison Street surplus. If Council declares the unopened portion of Morrison Street surplus, then the proposed draft plan of subdivision and related Official Plan amendment and Zoning By -law amendment can be recommended for approval. BACKGROUND Proposal The applicant is requesting an Official Plan amendment to redesignate the subject lands from Open Space to Residential, in part (6.916 hectares /17.09 acres), and Major Commercial, in part (2.346 hectares /5.8 acres). The total gross leasable floor area for all the commercial land would be 5,209.6 square metres (55,000 square feet). Requested policies would limit the amount of gross leasable floor area on the commercial lands: 1,114.8 square metres (12,000 square feet) for any building fronting onto Dorchester Road and 464.5 square metres (5,000 square feet) for any building fronting onto Morrison Street. The limitations are intended to insure that complimentary uses will develop rather than ones that would compete with the large format retail stores to the south. The applicant has also filed an application for draft plan approval of a subdivision that would divide the subject lands into 114 lots for single detached dwellings, 1 block for 18 on- street townhouse dwellings and 1 block for commercial development. The applicant has applied for a Zoning By -law amendment to rezone the subject lands to a site - specific R1 E zone, in part, a site - specific R3 zone, in part, and a site - specific GC zone, in part. The R1 E zone would have site specific provisions for reduced minimum lot area, reduced minimum lot frontage, reduced minimum side yard width, increased maximum lot coverage and establish a requirement for attached garages. The site specific R3 zone would have reduced minimum front yard depth, reduced minimum rear yard depth, reduced minimum side yard width and increased maximum lot coverage. The site specific GC zone would have reduced front yard depth, provide limits for the maximum amount of gross leasable retail floor area and the size of the commercial units. July 18, 2011 - 3 - PD- 2011 -37 The majority of the subject lands are presently owned and used by the Optimist Club for open space recreation (playground equipment and ball diamonds), a community hall building (to be demolished) and a building for various user groups (Youth building). Although the applicant is in the process of purchasing the lands from the Optimist Club (sale to close in August, 2011), it is understood that the Optimist Club has the right to continue using the lands in 2012. Surrounding Land Uses The subject lands are comprised of Optimist Park (4907 Dorchester Road) and an unopened portion of Morrison Street (owned by the City). To the north of the subject lands are residential uses (single detached dwellings), which would connect with the proposed subdivision by Close Avenue. To the east and south are a variety of commercial uses (Zehrs, Home Depot, former Walmart and other smaller retail stores). The subject lands are bordered on the west by the Q.E.W. The Optimist Club will retain 1.215 hectares (3 acres) of land for their use, which is not part of the subdivision. The subject lands are adjacent to the Morrison - Dorchester retail district, which is to function as a Sub - Regional shopping district and be comprised predominantly of large, freestanding retail outlets to provide the municipality with a greater opportunity to recapture outflowing expenditures and alternative commercial shopping for its residents. This area currently features approximately 40,274.2 square metres (433,510 square feet) of gross leasable floor area. It should be noted that there is approximately 33,072 square metres (355,990 square feet) of vacant and /or undeveloped of gross leasable floor area within the district (vacant Walmart building, vacant commercial unit at 4724 Dorchester Road and unbuilt Zehr's store). Circulation Comments • Ministry of Transportation (MTO) Land -use permits and sign permits will be required for the proposed subdivision. The MTO also requires a 14 metre setback to be established for lots backing onto the Q.E.W. These matters can be addressed through conditions of draft approval and the Zoning By -law amendment. • Municipal Works Department Notes that the draft plan of subdivision is an improvement over previous plans. However, they still have a concern with the number of healthy, mature trees proposed to be removed for the commercial block and would like to see some of these trees incorporated into a landscape buffer along the west side of the commercial block. The other matter identified is the need for a pathway to connect Optimist Lane with the Optimist Park and the commercial block. The applicant has provided a 2.5 metre wide pathway. July 18, 2011 - 4 - PD- 2011 -37 • Park in the City Committee Transportation Services Department • Region of Niagara Has concerns with the tree preservation plan submitted by the applicant. The tree saving plan indicates that while nearly all the large, mature trees on the property are healthy (25 of 27 trees), 17 of the trees are recommended to be removed because they are in the way of the proposed development. Accordingly, the Committee opposes the application for draft plan of subdivision. Notes several issues that need to be addressed. The applicant is proposing to taper Morrison Street from 4 lanes to 2 as it extends west. The Transportation Services Department has a concern with the location of where this taper begins and is working to resolve the matter with the applicant's traffic consultant. This has the potential to affect the layout of Block 115. There is a concern with the reduced lot frontage. Under the Zoning By -law, driveways could occupy up to 50% of the lot frontage (5 metres in this case). The City's Parking and Traffic By -law No. 89 -2000 does not allow parking within 1.5 metres of a curb cut or driveway. Should all the lots be developed with double car driveways, then it would not be possible to comply with the City's Parking and Traffic By -law No. 89 -2000. Staff recommends that the maximum driveway width be limited to 33% of the lot frontage. There is a concern that future traffic at the Morrison /Dorchester intersection will be problematic. A financial contribution (amount to be determined) for future intersection improvements is required. This is addressed in the conditions of draft approval. Staff is not in a position to consider declaring the unopened portion of Morrison Street surplus until the STMP is approved by Council or a decision is made by Council regarding the unopened portion of Morrison Street. Two separate reports have been prepared to advise on this matter. Does not object to the applications, however, the noise study submitted with the application requires updates to consider the impact from the Canadian National Railway and industrial uses on the west side of the Q.E.W. There are several warning clauses to be included in the subdivision agreement. The Region provided conditions of draft approval to address their concerns. Neighbourhood Open House A neighbourhood open house held on April 19, 2011 was attended by the applicant and his representatives; members of the Optimist Club; and approximately 30 residents. The residents are concerned that if Close Avenue is opened and extended in the proposed subdivision, there would be an increase in traffic through the existing neighbourhood to the north, creating safety concerns. The residents do not support the connection with Close Avenue. July 18, 2011 - 5 - PD- 2011 -37 Residents also had issues about stormwater management, maintaining a connection with the Optimist Park, the height of future dwellings that back onto existing dwellings, the future of the unopened portion of Morrison Street, too much commercial land in the area, the locations of entrances to the proposed commercial lands, and dust/noise from construction of the subdivision were also raised. Three letters of objection were submitted by residents outlining concerns with the proposed plan of subdivision. The concerns raised in the letters echoed the concerns noted above and also include parkland dedication, loss of Optimist Park, traffic congestion on Morrison Street/Dorchester Road, excess housing supply, excess commercial land supply, and reductions to the zone regulations. The Niagara Falls Chamber of Commerce also submitted a letter requesting that the City retain the unopened portion of the Morrison Street road allowance. ANALYSIS /RATIONALE 1. Transportation Issues In 2009, the City began the process of updating its STMP. This study is intended to identify and prioritize improvements and programs (road work, transit options, etc.) to improve the movement of traffic, pedestrians and cyclists through the City over the next 20 years. One issue the STMP is examining is access across the Q.E.W. The STMP is exploring options for all the existing Q.E.W. crossings as well as candidate sites for future crossings, including Morrison Street. Data used in the STMP assumes that the City will be making more efficient use of other forms of transportation (transit, cycling, walking, etc.). In considering transportation infrastructure needs beyond the next 20 years, the consultant recommends that the City preserve the unopened portion of Morrison Street. This recommendation is based on the possibility that if Thorold Stone Road cannot be widened in the future, then Morrison Street would become the next preferred area for a crossing over the Q.E.W. In addition, the draft STMP identifies Morrison Street as the preferred location for an east -west pedestrian /cyclist crossing over the Q.E.W. While a pedestrian /cyclist crossing would not require the same amount of land as a road crossing, it also requires some land be protected. The applicant's draft plan of subdivision is based on the ability to acquire the unopened portion of Morrison Street from the City. If the City were to relinquish the unopened portion of Morrison Street, opportunities to disperse future traffic are reduced. If the City were to retain the Morrison Street road allowance, this would impact the design of the proposed subdivision. Transportation Services staff have prepared a report (TS- 2011 -25) to speak to the issue of the unopened portion of Morrison Street. That report contains a letter from the STMP consultant outlining the consultant's position. Should Council adopt the recommendations of report TS- 2011 -25) then the applications should be deferred until the STMP is completed. However, if Council does not approve report TS -2011- 25) then the unopened portion of Morrison Street should be declare surplus before approving the applications. July 18, 2011 2. Provincial Policy Statement and Growth Plan - 6 - PD- 2011 -37 The applications conform to the Growth Plan and are consistent with the Provincial Policy Statements as follows: • The proposed subdivision promotes efficient development and land use • The proposed subdivision provides a mix of housing types and densities of • • • patterns; 3. Official Plan residential and commercial uses; The proposed subdivision promotes cost - effective development standards to minimize land consumption and servicing costs; Public infrastructure is available and optimized (including water, sewers, roads and transit facilities) and public services are nearby; The proposed subdivision will contribute an additional 1.2 years to the City's short term and long term supply of land through residential intensification, redevelopment and land in draft approved plans. The Official Plan designates the subject lands as Open Space. The applicant has requested an Official Plan amendment to redesignate part of the lands to Residential and the balance to Major Commercial. The Official Plan states that privately owned land in the Open Space designation will not necessarily remain so designated indefinitely. The Municipal Works Department has advised that there are two public parks in the vicinity (Cherryhill Park - 0.3 kilometres and Meadowvale Park 0.7 kilometres) that adequately serve the area. As such, public park dedication within the subdivision is not required and the Open Space designation can be removed. The Residential designation is compatible with the surrounding land uses. The Residential designation allows a range of housing types. The majority of the development is for lots for detached dwelling which back against single family homes. The townhouses block is located on Morrison Street which provides direct access to Dorchester Road. The proposed Major Commercial designation would abut the Residential designation to the north (existing neighbourhood) and the proposed Residential designation (to the west). The Zoning By -law amendment will include regulations to ensure compatibility with all surrounding land uses. In addition, since all commercial development is subject to Site Plan Control, appropriate measures (fencing, planting strips, etc.) are required to ensure compatibility with all abutting residential lands. The lands to the south and east are designated Major Commercial. In this case, the proposed Major Commercial designation is a minor rounding out of the existing commercial district. It should be noted that Official Plan amendment No. 91 (adopted August 10, 2009, pending Regional Approval) July 18, 2011 - 7 - PD- 2011 -37 eliminated the requirement for market studies, therefore, no market study was submitted with the application. The proposed Major Commercial designation is in an appropriate location given the surrounding land uses, its location at the corner of two arterial roads (good intersection access), its access to public transit, and its proximity to other Major Commercial lands. The Major Commercial designation is intended to represent the largest concentrations of commercial space to serve the sub - regional area. The applicant is proposing a maximum of 5,209.6 square metres (55,000 square feet) of gross leasable floor area, several other sites within the Morrison Dorchester retail district contain less gross leasable floor area. Much of the gross leasable floor area of the district is in the form of large format retail stores, which are to be retained and not converted to smaller format retail stores. The proposed commercial lands will offer smaller retail stores that would compliment the existing retail district. The following site - specific policy is proposed to guide the zoning of the site: The commercially designated lands north of Morrison Street and west of Dorchester Road (fronting onto Morrison Street) shall be restricted to a maximum size of 500 square metres per unit. The commercially designated lands that front onto Dorchester Road shall be restricted to a maximum size of 1,100 square metres per unit. The total gross leasible retail floor area shall be 5,210 square metres. The proposed subdivision conforms to the Official Plan as follows: The proposed subdivision is compatible with the surrounding development and has regard to such matters as housing mix, density, building mass, setbacks and building heights; • The density of the proposed subdivision is 19 units per hectare, which is acceptable for this type of development; • Adequate water, stormwater and sanitary sewer services are available; • Adequate neighbourhood services are available including schools and public transit; Issues such as cash -in -lieu of parkland dedication, streetscaping, sidewalks and otherdesign /amenity issues can be addressed though conditions of draft approval; The plan contributes 1.2 years to the City's long term supply of residential land and to the City's short term supply of serviced Tots and blocks in draft approved plans; and • The plan provides further variety of lot sizes for residential development in the City. While the applications are not subject to Official Plan Amendment 94 (Growth Conformity Amendment) because they pre -date Amendment 94. The applications conform to the Provincial Growth Plan, and Official Plan Amendment 94 densities. July 18, 2011 - 8 - PD- 2011 -37 4. Subdivision Design The proposed subdivision is served by one internal road that connects with Close Avenue at the north end and Morrison Street at the south end. The design of the neighbourhood to the north and the fact that Close Avenue was not ended in a cul- de -sac (the houses at the corner of Close Avenue have driveway access onto Close Avenue) indicates that it was intended to be extended to the south into a subdivision when the lands became available for residential development. This connection was requested by City staff during a preliminary review before the applications were submitted. Integration of this development with the area to the north is in keeping with creating complete communities. The applicant submitted a traffic impact study which supports the connection with Close Avenue and concludes that there would be no adverse impacts to the existing Queensway Neighbourhood. It is good practice for neighborhood roadway networks to be interconnected to provide multiple vehicular access routes to all properties within a neighbourhood. The existing Queensway Neighbourhood contains 749 dwelling units that currently have only three access points to Dorchester Road. The proposed subdivision design would provide a new access point for the Queensway Neighbourhood to Morrison Street. The proposed subdivision includes a block for 18 on- street townhouse dwellings fronting on a cul -de -sac (Matteo Court), which the applicant intends to be assumed as a City street. The design of Matteo Court, however, is inefficient and would make winter maintenance more time consuming and expensive for the City. Rather than having a municipal road, the block would be better developed as a vacant land condominium. This would give the developer more freedom in designing the block. It would also mean that the City would not have to assume Matteo Court and bear the cost of maintaining it. The lots that back onto the Q.E.W. are subject to a 14 metre MTO setback, which significantly reduces the amenity area of the lots because no permanent structures (sheds, gazebos, pools, etc.) are allowed within that setback. To compensate for this, Staff recommends that the depth of Lots 1 through 9 be lengthened by 7.5 metres. This would require a realignment of The north /south extent of the new street (Optimist Lane) and a shifting of Lots 107 through 114 which could impact Block 115. The applicant is providing cash -in -lieu of parkland dedication. Because there are sufficient neighbourhood parks serving the area, additional parkland is not required at this time. It should also be noted that the Optimist Club intends to maintain a small park with playground equipment on their lands. Although this is private land, the Optimist Club has expressed its desire to keep the park open to the public. A 2.5 metre wide walkway between Optimist Lane and the park is provided to maintain access to the Optimist Park. The applicant has submitted a stormwater management report that details how stormwater management will be handled throughout the subdivision. Stormwater flows will be managed by using in- ground services, which do not require any type of stormwater management pond. Stormwater services, as well as water and sanitary service, are proposed to tie into existing services at the end of Morrison Street and Close Avenue. July 18, 2011 - 9 - PD- 2011 -37 5. Zoning By -law Amendment The subject lands are currently zoned Open Space (OS), which permits boating clubs, cemeteries, hospitals, private clubs, recreational uses, religious institutions, riding stables, sanatoriums and schools. The applicant requests the zoning on Lots 1 to 114 to be changed a site specific R1 E zone. The proposed amendments are: The applicant requests Block 115 be rezoned to a site specific R3 zone. The proposed amendments are: The requested residential zone amendments are considered small deviations from the by -law requirements and are necessary to achieve the Province's mandate of higher densities through development of underutilized land. It should also be noted that the requested residential zone amendments are consistent with regulations proposed in the City's new comprehensive Zoning By -law, which reflect typical standards for small single detached development. Existing Provision Proposed Provision Minimum Lot Area Interior Lot: 370 sq. m. Corner Lot: 450 sq. m. Interior Lot: 280 sq. m. Corner Lot: 400 sq. m. Minimum Lot Frontage Interior Lot: 12 m. Corner Lot: 15 m. Interior Lot: 10 m. Corner Lot: 13 m. Minimum Side Yard Width Interior: 1.2 m./1.8 m. Exterior: 4.5 m. Interior: 0.9 m./1.2 m. Exterior: 3 m. Maximum Lot Coverage 40% 45% Minimum Number of Attached Garages N/A 1 July 18, 2011 - 9 - PD- 2011 -37 5. Zoning By -law Amendment The subject lands are currently zoned Open Space (OS), which permits boating clubs, cemeteries, hospitals, private clubs, recreational uses, religious institutions, riding stables, sanatoriums and schools. The applicant requests the zoning on Lots 1 to 114 to be changed a site specific R1 E zone. The proposed amendments are: The applicant requests Block 115 be rezoned to a site specific R3 zone. The proposed amendments are: The requested residential zone amendments are considered small deviations from the by -law requirements and are necessary to achieve the Province's mandate of higher densities through development of underutilized land. It should also be noted that the requested residential zone amendments are consistent with regulations proposed in the City's new comprehensive Zoning By -law, which reflect typical standards for small single detached development. Existing Provision Proposed Provision Minimum Front Yard Depth 6 m. plus distance specified in section 4.27.1 (15 m.) Delete reference to section 4.27.1 Minimum Rear Yard Depth 7.5 m. plus distance specified in section 4.27.1 (15 m.) 7 m. delete reference to section 4.27.1 Minimum Side Yard Width Interior: 3 m. Exterior: 4.5 m. Interior: 1.2 m. Exterior: 3 m. Maximum Lot Coverage 40% 55% July 18, 2011 - 9 - PD- 2011 -37 5. Zoning By -law Amendment The subject lands are currently zoned Open Space (OS), which permits boating clubs, cemeteries, hospitals, private clubs, recreational uses, religious institutions, riding stables, sanatoriums and schools. The applicant requests the zoning on Lots 1 to 114 to be changed a site specific R1 E zone. The proposed amendments are: The applicant requests Block 115 be rezoned to a site specific R3 zone. The proposed amendments are: The requested residential zone amendments are considered small deviations from the by -law requirements and are necessary to achieve the Province's mandate of higher densities through development of underutilized land. It should also be noted that the requested residential zone amendments are consistent with regulations proposed in the City's new comprehensive Zoning By -law, which reflect typical standards for small single detached development. July 18, 2011 -10 - PD- 2011 -37 The applicant requests Block 117 be rezoned to a site specific GC zone to reduce the required front yard depth and establish a maximum gross retail floor area. The front yard depth would be amended to eliminate the reference to section 4.27.1 (15 metres from the centreline of Morrison Street and 13 metres from the centreline of Dorchester Road). The applicant is also requesting a maximum commercial floor area limit of 1,114.8 square metres (12,000 square feet) be established for any building fronting onto Dorchester Road and 464.5 square metres (5,000 square feet) for any building fronting onto Morrison Street. Additional amendments are recommended by Planning staff. The first implements the MTO's requirement for a 14 metre setback from the Q.E.W. This would apply to all Tots backing onto the Q.E.W. with the exception of Lot 9 since its rear lot line is at the 14 metre setback. An additional 7.5 metre rear yard setback would be applied to Lots 1 through 9 for the dwelling only, as discussed above. To address the concern about driveway widths raised by Transportation Services, staff recommend that the maximum driveway width be limited to 33% of the lot frontage. Furthermore, should Council support changing Block 115 into a block for a vacant land condominium, then the zoning should be modified to accommodate block townhouse type development in accordance with Grouped Multiple Dwellings zone. Staff recommend the amendment for the commercial block include a requirement for a 3 metre wide planting strip along the west lot line of the commercial block in order to protect additional trees. This is consistent with the comments from the Municipal Works Department. In addition, a 6 metre wide planting strip would be required along the front lot line and exterior side lot line and a 3 metre wide planting strip combined with a solid board on board fence, 1.8 metres in height, along all property lines that abut a residentially zoned property. This would provide buffering for the abutting residential land uses as well as snow storage during winter maintenance of the site. Finally, there should be a requirement for a minimum of 15% landscaped open space. Given earlier comments, the Zoning By -law amendment application should be deferred until the issue of the unopened portion Morrison Street has been resolved by Council. FINANCIAL IMPLICATIONS The proposed development would generate development charge contributions for the City. However, if the proposed subdivision is approved as submitted, then the cost of road improvements to the currently unopened portion of Morrison Street (which would then be part of a subdivision) would be much higher if it is determined that the City needs the unopened portion of Morrison Street. CITY'S STRATEGIC COMMITMENT The applications do not conform to the City's Official Plan in terms of its infrastructure policies as long as the unopened portion of Morrison Street is required for future road improvements. Otherwise, the applications meets Provincial policies, and conforms to the City's Official Plan policies with respect to intensification and efficient use of land. July 18, 2011 -11 - PD- 2011 -37 LIST OF ATTACHMENTS ► Schedule 1 - Schedule 2 - . Schedule 3 - . Appendix A - . Appendix B - Recommended by: Respectfully submitted: D.Deluce:mb Attach. Location Map Subdivision Plan Subdivision Plan Showing Extent of Morrison Street Conditions of Draft Approval Draft Official Plan Amendment Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -37, 26T -11- 2011 -01 & AM- 2011 -003, Optimist Park Draft Plan of Subdivision.wpd July 18, 2011 - 12 - SCHEDULE 1 „--- --- Amending the Zoning By-law Pio. 79-200 Location: West Side of Dorchester Road North of Morrison Street Applicant: River Realty Development (1976) Inc. May 2011 PD-2011-37 July 18, 2011 1:1 A CLOSE AVE, J *.Z SCHEDULE 2 DORCHER.11 ROAD - 13 - 7 : OPTIMIST LANE i I A „- A • - 4/hsi . 4 QUU24 PD-2011-37 7 2 1 3 July 18, 2011 CLOSE AVE _ SCHEDULE 3 DORCHESTER ROAD -4 - 14 - QUEEN ELIZABETH WAY I ti PD-2011-37 July 18, 2011 - 15 - APPENDIX A Conditions for Draft Plan Approval PD- 2011 -37 1 The Optimist Park Draft Plan of Subdivision prepared by Upper Canada Consultants, dated June 27, 2011, showing 114 lots for single- detached dwellings, 1 block for on- street townhouse dwellings (18 units total), and 1 block for commercial development be approved subject to: the municipal road (Matteo Court) be removed from Block 115; Lots 1 through 9 inclusive be lengthened by 7.5 metres and that Optimist Lane and Lots 107 through 114 and Block 115 be adjusted accordingly. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 5 metre legs at the intersection of Close Avenue and Optimist Lane, Morrison Street and Optimist Lane on Lot 114; (c) the tapering of Morrison Street from 4 lanes to 2 lanes; (d) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010, as amended; (f) sump pumps to discharge to the storm sewer; (g) walkway (Block 116) be constructed to municipal requirements; (g) provision of an overland stormwater flow route; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010, as amended. 5. The developer remove the existing turning bulb at the end of Morrison Street to the satisfaction of Transportation Services. 6. The developer apply to remove the 0.3 metre reserve at the end of Close Avenue. 7. The developer construct sidewalks to City standards along one side of Optimist Lane and on both sides of Morrison Street connecting to the existing terminuses. 8. The developer provide speed control devices in the subdivision to the satisfaction of the Transportation Services. July 18, 2011 - 16 - PD- 2011 -37 9. The developer address all outstanding traffic concerns to the satisfaction of the Transportation Services Department. 10. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 11. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 12. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into the Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak lots have been completed. 13. The developer provide a board on board wood fence, 1.8 metres in height along all portions of Block 118 that abut a residentially zoned property, to the satisfaction of the City. 14. The developer provide a 1.5 metre high chain link fence along the rear lot lines of Lots 15 through 59 inclusive. 15. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 16. The developer pay the City cash -in -lieu of 5% parkland dedication. 17. The developer grant the City and Public Utilities any easements required to service the subdivision. 18. The developer contribute funds to provide boulevard trees in accordance with City policy. 19. The developer agree in the subdivision agreement to protect all existing trees within the Morrison Street road allowance. 20. The developer receive final approval from the City of the official plan amendment. 21. The developer receive final approval from the City to the Zoning By -law amendment to provide land use regulations to guide the development of the subdivision. 22. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 23. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. July 18, 2011 - 17 - PD- 2011 -37 24. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). 25. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 26. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 27. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities. 28. The developer construct streets be in accordance with the composite utility plans noted in condition 28. 29. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 30. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 31. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a stormwater management report indicating the intended treatment of the calculated runoff and the impacts of drainage on the Q.E.W. right -of -way. The developer is required to obtain the appropriate development permits from the Ministry of Transportation. July 18, 2011 -18 - PD- 2011 -37 32. The developer agree in the executed subdivision agreement to implement all recommendations of the Functional Servicing Report, prepared by Upper Canada Consultants, dated March 2011 to the satisfaction of the City. 33. The developer agree in the executed subdivision agreement to implement all recommendations of the Niagara Falls Optimist Club Subdivision - Traffic Noise Study, prepared by Paradigm Transportation Solutions Ltd., dated February 2011, and any updates thereto, to the satisfaction of the City. 34. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre - servicing will be at the sole risk and responsibility of the owner /developer. 35. That within 60 days of draft plan approval, the owners shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. 36. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Development Services Division for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 37. That prior to final approval of the plan of subdivision for registration, Ministry of the Environment Certificates of Approval under the Transfer Review Program for the sanitary sewer and the storm drainage system to the satisfaction of the Development Services Division. 38. That following completion of the required site remediation, the owners shall file a Record of Site Condition (RSC) on the Ministry of the Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 and a copy shall be provided to the Regional Development Services Division and the City of Niagara Falls with a copy of the Ministry's written acknowledgement of the filing of the RSC. 39. That the owner complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the owner shall ensure that all streets and development blocks can provide a through access. 40. That an updated noise impact assessment prepared and endorsed by a qualified professional engineer assessing potential noise impacts on the development and recommending within the development in accordance with the Ministry of the Environment's noise criteria be submitted to the Development Services Division for review and approval. The updated assessment shall also address: July 18, 2011 • Any noise impacts from the railway line located approximately 280 metres to the south of the subject lands. The consultant should confirm that the separation distance and intervening development results in noise impacts being acoustically insignificant. • Any noise impacts from the nearby existing commercial and industrial uses. 41. That the subdivision agreement contain provisions whereby the Owner /Developer agrees to implement the approved noise control measures in accordance with condition 40 above. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: -19 - PD- 2011 -37 Bell Canada for Condition 24 Canada Post for Conditions 25 and 26 Enbridge Gas Distribution Inc. for Conditions 27, 28, 29 and 30 Ministry of Transportation for Condition 31 Regional Municipality of Niagara for Conditions 34 to 41 July 18, 2011 3.2.6.4 - 20 - APPENDIX B Draft Official Plan Amendment PD- 2011 -37 The commercially designated lands north of Morrison Street and west of Dorchester Road (fronting onto Morrison Street) shall be restricted to a maximum size of 500 square metres per unit. The commercially designated lands that front onto Dorchester Road shall be restricted to a maximum size of 1,100 square metres per unit. The total gross Ieasible retail floor area shall be 5,210 square metres. REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Niagararalls July 18, 2011 SUBMITTED BY: Legal Services L- 2011 -13 SUBJECT: L- 2011 -13 Permanently Close, Declare Surplus and Convey Part of Morrison Street, and Declare Surplus and Convey Part 2 on Reference Plan 59R -366 Our File No.: 2010 -235 RECOMMENDATION In the event, and only in the event, that Council has determined that the subject properties are surplus to the requirements of the City of Niagara Falls: 1. A portion of Morrison Street located to the west of Dorchester Road and east of the QEW ( "road allowance lands ") as shown hatched on Attachment "1", be permanently closed, declared surplus and offered for sale to the Developer of the Optimist Park lands at a price to be determined in accordance with City policy. 2. Part 2 on Reference Plan 59R -366, ( "Part 2 lands ") as shown hatched on Attachment "2 ", be declared surplus and offered for sale to the Developer of the Optimist Park lands at a price to be determined in accordance with City policy. In the alternative, in the event Council determines that the subject lands are not surplus to the requirements of the City, that no action be taken with respect to those lands. EXECUTIVE SUMMARY A Developer (River Realty (1976) Inc. or some other corporation controlled by Mr. Stuart Banscombe) has entered into an agreement to purchase the Optimist Park lands and has proposed a Plan of Subdivision that requires the subject City owned lands. It has requested that this Report be brought forward at the same Committee Meeting as its Application to Rezone the Optimist Park lands. BACKGROUND The lands in question consist of a road allowance and a parcel (Part 2 on Plan 59R -366), which is subject to what is described as a right of way that is likely of no legal effect. All of the lands were acquired in 1965. The City has no current need for these lands. However, there may be a future need for them as will be described in the Transportation Services presentation concerning the Transportation Master Plan by 2031. If the assumptions of the Transportation Master Plan prove to be correct, this land might be required for an overpass of the Queen Elizabeth July 18, 2011 Way, by that time. The Developer has agreed to purchase the Optimist Park lands and has applied to rezone them. The accompanying draft Plan of Subdivision includes the road allowance lands and the Part 2 lands. The Developer requests that the City close, declare surplus and convey the subject lands to them, for fair market value. Public notice of the closure, declaration of surplus and sale was given in the July 9 2011 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. Based on all of the above, Staff is recommending that the road allowance lands be permanently closed, declared surplus and sold and that the Part 2 lands be declared surplus and sold provided that Council is satisfied that the subject lands are surplus to the needs of the City. The exact area of the subject lands is not known at this time. In the event Council finds that the lands are surplus to the City's requirements, the area would be confirmed by survey prior to conveyance and fixing a price. LIST OF ATTACHMENTS • Attachment "1" - Portion of Morrison Street • Attachment "2" - Part 2 on 59R -366 Recommended by: Respectfully submitted: KB Attachments - 2 - L- 2011 -13 Ken Be i an, City Solicitor Ken Todd, Chief Administrative Officer City of Niagara Falls 4310 Queen Street L2E6X5 Attention Mr. Alex Herlovitch Director of Planning & Development RE: OPA /Zoning By -Law application AM- 2011 -03 I have reviewed the notice as received from the City and offer the following comments and questions, Order of Process: 1. The Application as filed is consistently requesting reductions to existing requirements. These types of reductions and densifications are currently being addressed and reviewed as per Official Plan Amendment No. 94 City File AM- 2010 -002. This OPA should be passed before accepting an application AM- 2011 -03, which may undermine and set precedence thereby affecting and restricting decisions and policies enacted through review and passing of OPA 94. Block 117: Gino Capitano 4633 Dorchester Rd. Niagara Falls, Ont L2E 6NZ April 16, 2011 1. What & where is the demand for further requirement of lands to be converted to commercial zoning as existing commercial plazas adjacent to proposed site are already under utilized with some recently constructed buildings and Tenant Units already vacant (ie. Walmart building and units in strip mall buildings in same plaza), and lands recently rezoned to commercial use not even developed (ie future Zehrs Plaza at Dawson & Dorchester intersection). 2. Increasing the commercial frontage and reducing the requirements will negatively impact already congested intersection areas. Any reductions to permit reduced front yard setbacks and increased maximum commercial floor area would be a severe detriment to the Dorchester Road frontage which is already restricted by a center median. A Traffic impact Study should be submitted for review including Emergency Services comments prior to this application proceeding, what is the status of this? 3. The Draft Plan as submitted does not indicate any buffering between existing residential areas and proposed commercial development, this should be shown for review prior to approval and not waiting until Site Plan application, to ensure developer will provide and incorporate into any redesign for Site Plan Application. Block 116: 1. This area is indicated to remain as Open Space, is this to meet requirements to provide Parkland Dedication for a proposed subdivision? as the number of Lots proposed far exceed the reasoning to qualify as a mere extension of the existing subdivision, and therefore should require its own amenities. If this area as Open Space is in fact to serve the Parkland Dedication requirement than what provisions will be put in place to secure and restrict the area from future re- designation to commercial development? and should direct access to park area be provided from residential area and not forcing residents to enter in from a commercially driven and high volume municipal roadway (Morrison St)? Block 115: 1. With the proposed town housing area accessing directly onto Morrison St, and its proximity to the existing plaza entrance, this increase to the current load placed on the infrastructure of a roadway, already at is maximum load, would NOT provide any positive effects to the area. 2. The request for reductions in front yard depth, rear yard depth, side yard depth and increasing maximum lot coverage area would only serve as multipliers to the negative impact of the proposal. 3. How will the above points be addressed? Lots 1,2,3,14: 1. The Lots as proposed are in direct conflict with any historical right -of -way and municipal ownership of the end of Morrison St, which use of was granted to the past park ownership for sports field use. As the ownership has changed, how do the Legal documents ensure that the use property is returned to the Ownership of the Municipality and that the said area is restricted from all future development so as to ensure its dedication to any future access requirement is preserved for future use? Conclusion: General Question: Has this application been sent to the Ministry of Transportation for review, if not then at what stage will they be circulated for comments? As the entire proposal is consistently requesting reductions and allowances in all existing planning and zoning requirements, negatively impacting and eroding an area that sustains a current mix of land use and traffic issues at the ultimate expense of the residents and taxpayers, the application in its current form is unacceptable and vehemently opposed. Sincerely, Gino A. Capitano CET cc. Mayor Jim Diodati and all Members of Council (7/13/2011) Dean lorfida - RE: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St-Rige.1 From: Diane Stirtzinger < diane .stirtzinger032 @sympatico.ca> To: <barnsley @niagarafalls.ca >, <aherlovitch @niagarafalls.ca >, "Ioannoni" <i... CC: "'Hal Brown "' <hbrown2 @cogeco.ca >, "'Jodi Campbell "' <j.campbe1144 @cogec... Date: 7/10/2011 2:48 PM Subject: RE: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St- Dorchester Rd node saga continues To Niagara Falls City Council and staff: Unfortunately, I will miss the July 18 Public meeting, however, please hear my concerns again. It would be a shame to lose Optimist Park and all the special events which take place there for the benefit of Niagara Falls local residents. This park is central to the City Unfortunately, it may be all about money or the lack there of. Intensification in the Morrison St / Dorchester Rd node is NOT wise nor necessary. Why did Wal -mart leave? The old Chef - Boy -R -Dee Pettit Ave /Cropp St property re- zoning saga continues. An OMB hearing will cost further time and taxpayers' dollars and will probably not benefit us local residents. We do not need more residential and commercial development in our Morrison St/Dorchester Rd neighborhood area. which will lead to more traffic /pedestrian congestion and more conflicts with trains. How can the existing Morrison St/Dorchester Road infrastructure handle development intensification? A previous 2004 Delcan Environmental Assessment (EA) indicated 1. Morrison Street should be widened to 4 -5 lanes from Drummond Rd to Dorchester Rd. Why have these works not been completed? 2. Dorchester Road should be widened to 4 -5 lanes from Morrison St to Thorold Stone Rd. Why have these works not been completed? Have you ever driven down MacLeod Road lately? The Region of Niagara and the City of Niagara Falls should never let a road get that bad. (7/13/2011) Dean Iorfida - RE: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St -1:13targe2 I suppose new recreational clubs, Community Centre's and Hockey arenas are more important. A Convention Centre and People Mover system are nice, however, I still do not see the benefit to us local residents. If the City cannot sell old arena properties, may be this is an indication that Niagara Falls does NOT need more residential housing and commercial development. Could more vacant properties lead to less City tax revenue? The questions should be asked Fiscal responsibility & reduction in unnecessary expenditures, higher taxes or more City debt. Thank you for your time. Sincerely, Mark Stirtzinger 4687 Pettit Avenue Niagara Falls, ON (7/13/2011) Dean Iorfida - FW: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St- Bege.1 From: Diane Stirtzinger < diane .stirtzinger032 @sympatico.ca> To: <river.reality @sympatico.ca> CC: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 7/11/2011 12:20 PM Subject: FW: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St- Dorchester Rd node saga continues To River Realty Development (1976) Inc Attn: John Mestek Re: Optimist Park Public rezoning public meeting I am strongly opposed to Optimist Park being re- developed. It should remain as Open Green space to benefit the entire community. as it was intended. We do not need more residential /commercial development in this area. Unfortunately, it may be all about money or the lack there of That's a shame. Sincerely, Mark Stirtzinger From: Mark Stirtzinger [mailto: diane .stirtzinger032 @sympatico.cal Sent: July 10, 2011 2:48 PM To: barnsley @niagarafalls.ca; aherlovitch @niagarafalls.ca; loannoni (ioannoni @niagarafalls.ca); Jdiodati Qdiodati @niagarafalls.ca); Jwing (jwing @niagarafalls.ca); Kerrio ( kerrio @overlookingthefalls.com); Wthomson (wthomson @fallsviewgroup.com); wgates @niagarafalls.ca; Vpietrangelo (vpietrangelo @niagarafalls.ca); ktodd @niagarafalls.ca; joycemorocco @niagarafalls.ca, Bartmaves (bartmaves @niagarafalls.ca) Cc: 'Hal Brown'; 'Jodi Campbell', Craitor_Kim- MPP -CO (kcraitor.mpp.co @liberal.ola.org); bartmaves @niagararegion.ca; barbara .greenwood @niagararegion.ca; selina .volpatti @niagararegion.ca; 'Terry & Lynne Twocock'; Nichor @parl.gc.ca; Corey Larocque (clarocque @nfreview.com) Subject: RE: Optimist Park Public rezoning public meeting and Official Plan Amendment 94 Morrison St- Dorchester Rd node saga continues - Planning 1 SLL I3� 8 Fef i // (32 6/7 l City of Niagara Falls Planning Department THE NEW PROPOSED PLANS FOR THE OPTIMIST PARK Entrance and Exit Route • The proposed connection into Dirdene Street does not take into consideration the impact of the potential amount of increased vehicular traffic on the already existing surrounding neighbourhoods. • This will impact the residents of Dianne Street and Dirdene especially when vehicles are are attempting to turn left onto Meattistiftfrom Dianne. • This could also potentially increase vehicular traffic along Queensway Gardens as vehicles exiting the new development are seeking to make a left hand turn at Freeman where there are traffic signals now in place. • The entrance /exit for the new development should utilize Morrison Street which has already been developed and is already prepared to accommodate the increased traffic with the completion of the new intersection. • Older existing subdivisions should not have to sacrifice the safety and well being of their neighbourhoods in order to accommodate developer's wishes and plans. David & Janet Devine 4468 Queensway Gardens, Niagara Falls L2E 6P7 905 - 354 -2446 ddevine17 @cogeco.ca RECEIVE APR 1 9 2011 PLANNING & 'EVELOPMENT Harry and Christina Watling 7128 Parkdale Street Niagara Falls, Ontario L2E 5P3 905 - 358 -9390 May 30, 2011 To the City of Niagara Falls, Re: Optimist Park Sale My husband and I have resided for thirty -nine years at 7128 Parkdale Street a property backing on to the Optimist Park. The news of a sale and reallocation to residential property has brought up some concerns we have. We would like them to be addressed. 1. When we heard about the proposal and approached local councillors they had not been informed as we were about the details of the plan. Our elected officials have not been able to communicate to us because of lack of information. 2. We are against increasing traffic into our area by opening up Close Street. Increased volume will put our local seniors and children at risk when walking and moving around our neighbourhood. 3. We see the need to preserve green space in our city for the population to use. A lot of our tax dollars have helped support the Optimist, now we are giving it up. Our families in Niagara Falls need green space to grow and provide places for physical activity. Why can't the city take this parkland over? 4. We are concerned about the water drainage between the park and our property. This has been an ongoing issue which has never been properly addressed and now the proposal wants to add homes which will probably increase our problems. 5. The commercial strip on Dorchester Road /Morrison Street is not enhancing our community. Our city has a lot of empty commercial spaces, why allow more? Let's try and enhance our community. 6. Do we need more homes built? Again the job market in Niagara is based mainly on tourism, lower paying jobs, can people afford to buy houses? How long will it be before this project is finished? All questions which need to be answered. 7. Finally no one can tell us about the fencing surrounding the park. Who and how is this going to be addressed? We need to know how and who is going to address this issue. We await the reply to these questions and hope that those who make decisions for the citizens of Niagara Falls will take the residents of this area into consideration during this time. Yours truly, Harry and Christina Watling cc: J. Diodati V. Pietrangelo for council City Planning NiagaraJalls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND "In Camera" CAO- 2010 -01 The Optimist Club "In Camera" CAO- 2010 -01 January 25, 2010 1) That staff be directed to continue discussions with the Optimist Club, related to the redevelopment of their lands, in accordance with the recommendation outlined in this report, and 2) That staff report back to Council. At the Council meeting held on December 14, 2009, Council directed staff to arrange for a meeting with the Members of the Optimist Club and prepare a report for consideration by Council. On December 16, 2009, a meeting was held with representatives of the Optimist Club Property Committee. The preferred position of the Club is that: 1) the portion of the land at the front of the property abutting Morrison Street and Dorchester Road is sold, and 2) the remainder of the land, at the rear, is retained for continued use, as Optimist Park. Staff would like to further explore options related to the redevelopment of the lands with the Optimist Club to ensure that a portion of the land is retained for parks purposes. Council was last updated on the issue of the potential sale of the Optimist Club lands by staff in July 2008. At that time, staff presented three (3) options, as follows: 1) The Optimist Club and the City partnering to ensure the park remains a key community park by exploring creative solutions to the Club's financial challenges. January 25, 2010 - 2 - CAO- 2010 -01 2) By downsizing of the Club's operation, i.e., the Optimist Club's vision could be achieved at this existing location by reduced Club services in a renovated or new building with direct use /access to a smaller parcel of land. The balance of the lands to be turned over to the City to operate and remain as a community park. 3) The Optimist Club sells the property to the City to ensure community use, the price of which would be based on the need of the Club to relocate or current market value. These options were presented in a letter to the Optimist Club on July 30, 2008 and no formal response was received. In November 2009, the property was formally listed by the Club with a local real estate firm. This resulted in a meeting being held with Members of the Club on December 16, 2009. The Optimist Club indicated that they have put their property up for sale, due to the fact that they can no longer keep up with operating costs at the facility. The membership is currently approximately 40 members. The proposal being put forward by the Optimist Club is that they would like to sell approximately 10 acres of land at the Morrison Street and Dorchester Road intersection, along with the existing large Club House. The remaining 16 acres at the rear of the property, including the current Youth /Maintenance Building and associated parking, would be retained by the Club. The property has recently been appraised. The most valuable portion of the property is the front 10 acres which includes the large Club House. The appraisal indicates that the average price is approximately $500,000 per acre. This property has recently been listed for $5,000,000. The proposal of the Club includes retaining the back 16 acres which includes six (6) slo- pitch diamonds and the Youth /Maintenance Building. The Club would like to construct a new Banquet facility which would occupy approximately 300 people. This would mean that one or two of the diamonds at the rear would be lost with the expansion of that building, leaving four (4) or five (5) ball diamonds for use by Girls Minor Softball. Parking would also be required. The Club did indicate, however: 1) that if a purchase at the appraised price for the entire 26 acres did come forward that the Club would certainly explore this opportunity. 2) that their first preference was to sell the front 10 acres and utilize the monies from that sale to construct a new Club House at the rear of the property and utilize this money from the sale to assist with their ongoing upkeep of the remaining 16 acres. January 25, 2010 - 3 - CAO- 2010 -01 3) that it is their long -term goal to get out of the slo -pitch business, due to the fact that in recent years, it has become less profitable, and in more recent years, they have actually lost money hosting these events. The City's position, put forward to the Optimist Club, is that we would like to see all or at least some of the lands retained as open space and available for use by the public. The Club was informed that the current zoning and Official Plan designation on the property is open space and in order to have development take place on the lands a rezoning and official plan amendment would be required. The City asked what assistance the Club may be looking for on a go- forward basis. The Club indicated they are currently paying in excess of $21,939 in property taxes a year and also have a large water bill for maintaining the fields. The water bill for the entire site and buildings for the year 2009 was $10,425.00. It was pointed out that the City currently provides approximately $45,000 a year toward the upkeep of the diamonds on the property. The Optimist Club agreed that they would keep the City informed of any potential developments on the site, including any offers that may be presented. The City indicated that it would be presenting an update to Council at its Regular Meeting on January 25. 2010. ANALYSIS /RATIONALE Optimist Park is approximately 26 acres in total land area (map attached), designated Open Space in the Niagara Falls Official Plan and is zoned Open Space (OS) in Zoning By -law No. 79 -200. These designations were put in place at the time the planning documents were created and represent the existing use of the land. Over the past six (6)to eight (8) months, Planning staff has discussed various alternatives with club members and developers concerning the possible division of the lands and future use of the property in the event the Optimist Club chooses to sell any or all of their holdings. The land uses to the north and south of Optimist Park will have a bearing on any applications to amend the official plan and zoning by -law affecting the site. The lands to the north are developed with low density single detached dwellings (Queensway Gardens Subdivision). Close Avenue terminates at the north boundary of the park and previous discussions with interested parties have raised the possibility of extending this street into the park for future residential units (detached dwellings, condominium townhouses or some combination thereof). With such a low scale residential use may help buffer the existing houses from any future use to the south. The Official Plan policies provide that residential development above six (6) stories to a maximum density of 125 units /hectare could be considered next to major commercial districts and with convenient access to the arterial road system and public transit. Morrison Street is identified as an arterial road in the Official Plan and the lands on the south side of Morrison Street are designated as Major Commercial and developed with the Adams Centre big box retail uses. January 25, 2010 - 4 - CAO- 2010 -01 An alternative to high density residential uses on the north side of Morrison Street, would be an expansion of the Major Commercial designation and the policies for the Morrison /Dorchester retail district along the north side of Morrison Street. If this is to be considered as an option, a residential buffer is still recommended between the commercial uses and Queensway Gardens neighbourhood. The extent of commercial development which might be plausible will have to be measured against the policies of the Official Plan which provide that the Niagara Square retail district (three (3) quadrants of McLeod Road /QEW interchange) is to be the promoted at the regional retail shopping district in the City, meaning that other commercial districts should not reach or surpass the floor area of Niagara Square District. Other options which have been discussed include dividing the lands into east and west parcels of differing proportions. The comments above about buffering existing residential uses and transitioning to more intensive uses still apply. Similarly the proponent may wish to validate the need for expanded commercial floor space. The last option is the retention of a portion of the park by the Optimist Club for continued recreational functions. This may help quell any objections from local residents who will see a loss of open space (albeit privately held) within their community. With reference to the Parks and Recreation Master Plan, Optimist Park is within the Stamford Planning District and is classified as a City Wide Park. While according to the Parks Surplus / Deficit Table for the Stamford Planning District there is a surplus of Neighbourhood, Community, and City Wide Parkland (this is largely due to the inclusion of large parks such as Firemen's Park and Mewburn Park within this Planning District). Mewburn is also not developed and would require significant capital costs. The closest parks to Optimist Park include Cherryhill Neighbourhood Park, Meadowvale Neighbourhood Park and Niagara Falls Lions Park. Other parks in the Stamford Planning District include Firemen's Park as noted and E.E. Mitchelson Park. There is currently, as per the strategic plan, an oversupply of baseball diamonds in Niagara Falls. However, the fields at Optimist are the host sites for slo -pitch tournaments (four (4) weekends per year). Current City -owned baseball diamonds would be able to accommodate the community field needs of Niagara Falls Girls Softball on existing fields within the City via scheduling. Optimist Park, with respect to greenspace character /features, is currently a dedicated sports park (six (6) softball fields) and it does not have other diversified community park features or amenities (in contrast to the plans underway for example at Patrick Cummings). January 25, 2010 Options for Discussion 1. Purchase All or Part of the Lands 2. Lease All or Part of the Land Provide Additional Operating Subsidy to the Optimist Club to ensure the lands remain available for Public Use Do Nothing Approach - 5 - CAO- 2010 -01 At the present time, the City's parkland reserve fund is $458,175. Council may want to consider purchasing a portion of these lands to come under City ownership with the remainder of the lands to remain under Optimist Club ownership. Unfortunately, the current Parkland Reserves are not sufficient enough to consider purchasing these lands. As noted, the appraised value is approximately $500,000 per acre. Staff believes this value to be extremely high when compared to other recent commercial land transactions, particularly in the McLeod Road /QEW corridor. An independent appraisal of the lands would be required should Council wish to pursue this option. The City could enter into a long -term lease for all or part of the lands and assume the day -to -day maintenance of the property. The City currently provides a $30,000 grant to the Optimist Club for facility usage. In addition, another $15,000 is spent on maintenance. A long -term lease would ensure the property remains in public use for the term of the lease. This option would add additional cost to the City's operating budget and help offset some of the Optimist club expenses. The City could propose that additional operating subsidy be provided directly to the Optimist Club in exchange for a guarantee that the lands will remain available for public use for an extended period of time. This subsidy could include such things as offsetting the taxes or water bills to assist the Club with their overall operating deficit. As indicated in the Parks and Recreation Master Plan, there is currently an oversupply of Citywide parkland in the Stamford Planning District, albeit that much of it is currently in private ownership (Firemen's Park) or undeveloped (Mewburn Park). As such, it could be argued that there is no immediate or long -term need for additional parklands in this district and the redevelopment of this site for residential or commercial purposes would be economically positive to the City. This option would have the City "do nothing" and let the situation resolve itself. The Club has indicated a desire to retain a portion of the land for public, park purposes and perhaps the City should stand back and not involve itself in this property matter. January 25, 2010 Sold for development purposes, the City would not only see the additional revenue from taxation on these lands, but the City's operating costs would also decrease by approximately $45,000 per year. Recommended Approach In spite of the fact that there is a surplus of Citywide parkland in the Stamford Planning District, much of it is either currently undeveloped or in private ownership and, as such, staff believes it would be desirable to see at least a portion of these lands remain open space and available for use by the public. This is in keeping with the Optimist Club's preferred approach. The remainder of the lands could be redeveloped in accordance with proper planning principles and guidelines to minimize the impact on the surrounding neighbourhoods. The City's current financial state and lack of parkland reserves preclude the purchase of these lands and incurring additional operation costs will add to the current budget difficulties. FINANCIAL /STAFFING /LEGAL IMPLICATIONS - 6 - CAO- 2010 -01 The taxes paid by the Optimist Club in 2008 were $21,939.80. Grant of $30,000 per year to offset operational costs Other costs in the Parks Operations budget per year of about $14,500 as estimated: 1. Daily on site lining and screening, estimated two (2) hours per day for five (5) days a week. Estimated cost with labour, benefits and equipment is $100 /day or $500 /week. Based on 20 weeks, the cost is $10,000. As Parks, Recreation & Culture is providing the lining, the cost of the talc is not included. 2. Slo -Pitch weekends (3) there are park attendants assigned based on two shifts at straight time: i) 6:00 a.m. to 2:00 p.m. ii) 2:00 p.m. to 10:00 p.m. The estimated cost of 16 hours per day at $30 labour per hour (including benefits) is $480 for nine (9) days or $4,320. CITY'S STRATEGIC COMMITMENT Ensuring that these open space lands remain, in whole or in part, part of the parks inventory will assist in achieving the recommendations contained in the Parks, Recreation, Arts & Culture Master Plan. January 25, 2010 LIST OF ATTACHMENTS 1. Map - Optimist Club 2. July 30, 2008 -letter from the CAO to the Optimist Club. Respectfully submitted: 9 - 7 - CAO- 2010 -01 1,A,-.k,) Ken Todd, Chief Administrative Officer CLOSE•AVE DORCHESTER RD a_ L Q v � • 0 x 0 o Q 0_ Q v c .0 _ 0 o O 0 Q C c - 0 O 0 0 O 0 a a 0 - 0 0 z L O v v x' a a U ,ef Administrative Officer Mr. Jeff Detlor. President and Members of the Executive Niagara Falls Optimist Club P.O. Box 124 4751 Dorchester Road Niagara Falls. ON L2E 6S8 Dear Jeff: July 30. 2008 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356 -7521 Ext. 5100 Fax: (905) 374 -3557 jmacdonald @niagarafalls.ca 1 would like to thank you. Mike Banting and Ron Cloutier for agreeing to meet with City staff on July 8. 2008. The purpose of the meeting vas to discuss the Optimist Club's intention to sell the property . Our meeting was very beneficial and provided staff with a much better understanding of the ke financial challenges and constraints the Optimist Club is currently facing. It also provided the rationale of why the sale of property and relocation of the Club to another site is being considered as a solution. Staff advised and has reconfirmed that the zoning of the property is open space in the City's official plan and. as such. rezoning would be required for a change in its use. State also pointed out that most land purchases or offers are usually conditional upon rezoning. We understand the Club's goal is to buy property in Niagara Falls and build a much smaller building hall (for rentals) on a much smaller parcel of land on which no ball diamonds or sport fields would he included. We understand that the membership (approximately 41 members, most of whom are social members) is declining in numbers, aging, and there is only a small dedicated group of about 12 who continually work long hours, as volunteers, to operate and maintain the facility. We also understand the impact of reduced Slo -Pitch revenue has had a significant impact on Club's finances. The Club indicated it has been unable to fund many community needs, as all of the revenues are bein devoted to repairs to the aging buildings and parking lot, in addition to the normal operating and maintenance of the property. The Optimist Club Optimist Park has a rich and celebrated history in our community and is considered a key park and greenspace in the centre of the City. 1t is also evident that the shared vision and commitment to our community are central to both the Club and the City. Given this shared commitment to the community, the City ofNiagara Falls kyould strongly encourage the Optimist Club to fully consider other solutionslavenues which may be available rather than selling, the property for private development. Options for consideration might include: 1) the Optimist Club and the City partnering to ensure the park remains a key community park by exploring creative solutions to the Club's financial challenges, 2) By downsizing of the Club's operations, for example, the Optimist Club's vision could he achieved at this existing location by reduced Club services in a renovated or new building with direct use'access to a smaller parcel of land. The balance of the lands to be turned over to the City to operate and remain as a community park. 3) The Optimist Club sells the property to the City to ensure community use, the price of which ‘yould be based on the need of the Club to relocate or the current market value. The City would welcome an opportunity to discuss these or other options with a representative group from your Club, at your earliest convenience. Thank y ou again for meeting ‘yith staff on Jule 9, 2008. 1 look forward to hearing from you. l can be reached at (905) 356-7521 ext. 5 100 or jmacdonald Z niagarafalls.ca . JM:kk R Optimist Cub Letter re Intention ire Sell - Lil• ;,, 2run4 ,pd c: Denvse Morrissey, Director Parks, Recreation & Culture - 2 - July 30, 2008 Yours truly, John MacDonald Chief Administrative Officer Niagara,Falls July 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -47 AM- 2011 -005, Zoning By -law Amendment Application 3431 & 3441 St. Patrick Avenue Applicant: Bob Sobota Agent: Chris Cristelli Proposed Semi - detached Dwellings RECOMMENDATION PD- 2011 -47 That Council approve the Zoning By -law amendment application to change the zoning of the subject lands to the Residential Single Family and Two Family (R2) zone to permit the construction of a semi - detached dwelling on each lot. EXECUTIVE SUMMARY The zoning amendment is requested to allow the construction of a semi - detached dwelling on each lot. The Zoning By -law amendment is recommended for the following reasons: • the proposal represents a modest intensification of use as supported by Provincial policies; the Official Plan supports the provision of a compatible mix of dwelling types so that a variety of housing types are available in each neighbourhood; the proposed dwellings will be compatible with the surrounding land uses which are a mix of single and semi - detached dwellings, an apartment building, a school and commercial facilities; and • the subject lands satisfy the City's zoning standards for semi - detached dwellings. BACKGROUND Proposal A zoning amendment is requested for two parcels of land with an area of 730.3 square metres (0.18 acres) and 691.2 square metres (0.17 acres), respectively and shown as Parts 1 and 2 on Schedule 1. A future severance application is anticipated to provide a straighter common lot line which will have no effect on the requested amendment. The July 18, 2011 lands are currently zoned Residential Single Family 1C Density (R1 C), by Zoning By -law No. 79 -200, which only permits a single family detached dwelling on each lot. The zoning of the lands is requested to be changed to Residential Single Family and Two Family (R2) which would permit a semi - detached dwelling to be built on each lot. Please refer to Schedule 2 for further details. Site Conditions and Surrounding Land Uses A shed exists on Part 1 and a single detached dwelling and a detached garage exist on Part 2. All three structures are proposed to be demolished. The surrounding area is a mix of single and semi - detached dwellings, an apartment buildings, a school and commercial facilities. Properties to the north and east of the subject land are single detached dwellings, while a school (A N Myer High School) exists to the south and a semi - detached dwelling exists west of the subject lands. An apartment building (North Garden Court) exists further east on O'Neil Street. Commercial facilities exist to the east. 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 - 2 - PD -2011 -47 The proposal complies with Provincial Policy Statement. The proposed zoning would facilitate intensification by permitting the development of the lands at a higher density than what is currently permitted. This will make efficient use of existing serviced land and help contribute to intensification targets established by Provincial and Regional Policies. • Landscape & Park Development Services Cash -in -lieu of parkland payment will be required when lands are severed. Boulevard trees must be provided as per City Development Standards and to the approval of the City's Forestry Section. • Transportation Services No road widenings are required for either 0' Neil Street or St. Patrick Avenue as they are 20.12 metres in width (66 feet) in conformity with the Official Plan. However, a 5.0 metre by 5.0 metre daylighting triangle will be required at the northwest corner of O'Neil Street and St. Patrick Avenue. (Note: This can be addressed as a condition of a future severance application) The southern edge of the driveway for the southern most unit must be no closer than 11 metres from O'Neill Street, within the road allowance, as this is the minimum setback for a residential driveway to an adjacent stop - controlled street. July 18, 2011 - 3 - PD- 2011 -47 • Municipal Works, Fire Services and Legal Services No objection. Neighbourhood Open House A neighbourhood open house was held on June 16, 2011 to assist the public in understanding the proposed development. The meeting was attended by seven residents. The neighbours raised a number of concerns including the potential traffic and parking impacts that will be created due to the construction of two additional dwellings and questioned if there was sufficient capacity in the sewer to accommodate additional flow. The residents also expressed concern regarding the compatibility and devaluation of surrounding properties. Currently there is outdoor storage on Part 1 which is a property standards issue. The owner has started to clean up the property, which should be completed in a couple of weeks. The neighbours west of the subject lands attended the open house and were supportive of the proposed development. ANALYSIS /RATIONALE Provincial Policy & Regional Policy Plan Provincial policies direct growth to built -up areas and support intensification. The proposal would assist in reaching intensification targets established by Provincial and Regional policies and would result in a more efficient use of land and existing infrastructure. Official Plan The subject lands are designated Residential in the Official Plan which permits a range of housing types. The policies of the plan direct the provision of a compatible mix of dwelling types in all planning districts so that a variety of housing types will be available to different age groups, household sizes and incomes. New residential development is to be integrated to achieve compatibility and sensitivity with the surrounding development. The proposed semi - detached dwellings comply with the Official Plan as follows: - The dwellings are a form of housing that is promoted by the Official Plan as low density. The lands are located at the edge of the residential neighbourhood adjacent to a collector road. The proposed semi - detached dwellings would provide a transition from commercial and institutional uses on O'Neil Street to single detached dwellings along St. Patrick Avenue. The design is compatible with the neighbourhood in terms of massing, setbacks and appearance. The dwellings are consistent with surrounding properties in terms of setbacks and height. Municipal services and surrounding roads can support the additional dwelling units. July 18, 2011 - 4 - PD- 2011 -47 Zoning By -law The subject lands and surrounding lots are zoned R1 C. The owner is requesting the zoning of the lands to be changed to the Residential Single Family and Two Family (R2) zone to permit the construction of semi - detached dwellings on each lot. The subject lands comply with the R2 zone regulations for a semi - detached dwelling. FINANCIAL IMPLICATIONS The proposed dwellings will generate development charge contributions for the City. CITY'S STRATEGIC COMMITMENT This application does not specifically impact on any of Council's strategic priorities. However, the proposal would provide a compatible housing form in the neighbourhood and represents an efficient use of urban residential land. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Respectfully submitted: A.Dilwaria:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -47, AM- 2011 - 005,3431 -3441 St Patrick Ave,Bob Sobota,Proposed Semi Detached Dwelling.wpd July 18, 2011 - 5 - SCHEDULE 1 PD- 2011 -47 Subject Land ! I s 1 rn 0 x rn II 1 Existing'Semi- detached-. - Dwelling — _ i Location: 3431& 3441 St. Patrick Avenue Applicant: Bob Sobota Amending the Zoning By -law Ho. July 18, 2011 - 6 - SCHEDULE 2 PD- 2011 -47 June 15th, 201 1. Dear \i Ilerloyitch: I ;hill VA 11111 ll % 1[1 rt'tThd to l Our lett'r 01 lull, 2. X201 1. t inp \lr. ,`><lhoill S rodtic ;1 fc,r a l.oil+a! 111i11,?t° (al thk' 1;1t>pertics 4111 1111' I1()rthl-AcSt Corder or yt ..Av'i'n1 t' and { i Nc it `'ilreel. 1 t)vv I1 till' property" 1tt:1'l7;'`: tll? Strt'i`i ;if .r a. i) `' >t 0alriel; . -A \cI1u . l k d;:to !hier Lint.l I share the Molise a !11t2I'C- icon! 1'uirl Ill eark lxit\etilhel 1)012 I :(?I ?t'+ • ' 011 IV �) • Traffic: The corner of St. Patrick and -Neil is directly across from A. N. Myer Secon- dary School. Myer is a transfer point; in addition to NIver's own students, buses bring in and pick up students en route to other schools. 1 have counted as many as 14 full -sized buses and several mini - buses, elan } of which roar down St. Patrick, twice a day. five days a week. ten months of the year, In addition. parents stop along St. Patrick and O'Neil to drop off students in the morning from 8:00 to 8:41) approximately. In the afternoon. from 2:10 to 2:40 the parents park along St. Patrick and along 0-Neil. as close as possible to the school waiting to pick up their children. Considering that we also hay s° to deal vvith said parents and friends zooming aroun'1 the corner from -Nei l. it makes exiting our own l c \ cV1 1y hazardous dl - the :lbw, c mentioned Pine periods There is also consid cra1 le root and hiey do traffic at all houti's I he a of.? new (iriyevaav s adjL1ee a to dic c t_111 _t in t �s l f._pruhlt,nl. 1 1i_cl. ',offing ("11 t 111Z;t` tflc ,.11!118!? I`; i IS llF:'ro :iii?. t.01110 to Soboi'c! Iron tilitldirw Larger awl more Iittrtisive >tt'114'11 es puck 115 00 ;-apartment building,. on the pop ortics nl (.lilt " >iJ 1 1 1111 1: t tI 1 (lili'f'I'i1Cf_l ll1C)LIt 1012 h Cis Lr +.'::�:' In i`O')i' ? "t\ V'altIt_ tolt ttl J ,' 1 It t.1) t' ?1't) "! L'inti ell` <' not tl�lken 11110 cullsidela! ion. Yours truly. el" I.�11) 011110r 1 ca minor ,t iacLup. resulting in 0 -111;111 pool tint' lr,11'1M:1d 1 it did little damage. 'When t'iiv of Niagara balls y1orkers caul,: In tiv t:heck tl11 si oer 111Ik 10(011 n1l pr(1perly to Mk! 111033l seoeu thev told no' t I11ockat!.'s were common. I'hev were called to this location e5er5 couple ol'years due Io roots in the main sewer. 1 del that the addition of 3 extra households at this corner vv ill put a consid- erable strain on the sewer and future backups may cause greater damage to my basement. Valerie Walter plan`- t!? hlt:Ii-1 ' June 21, 2011 Written submission to object to zoning by -law change Re: Amendment application: AM- 2011 -005 (3431 and 3441 St Patrick's Ave) 1, Joan Grimes live at 3404 St Patrick's Avenue and I do not agree with the proposed by law zoning request. This change will result in demolishing a pretty little single dwelling house and replacing it with 4 semi detached dwellings (2 houses with 2 dwellings each). The proposed layout is similar to the ones on O'Neill across from AN Myer high school which look like little boxes stuck on the lot with no yard or space around them. feel that the semi detached houses will not be appealing and may reduce the property value of my house. In addition they do not fit in with the overall look of the rest of the street, Many of the houses in this block are older homes with unique and quaint features or new homes that are architecturally pleasing to the eye. The semi detached houses will stick out like a sore thumb. I respectfully request that this zoning bylaw amendment application be denied Sincerely Joan Grimes 905 - 356 -6554 (7/13/2011) Dean lorfida - Zoning By -law Amendment Application City File AM- 2011 -005 Page 1 From: John Steward <intotidemverbis @gmail.com> To: <council @niagarafalls.ca> Date: 7/7/2011 8:15 AM Subject: Zoning By -law Amendment Application City File AM- 2011 -005 On July 18, at Council, you will be asked to vote on a by -law amendment to change the zoning of two parcels of and on St. Patrick Avenue. We reside at 3423 St. Patrick Ave. adjacent to the two parcels referred to in the above application. The application is to allow the building of semidetached homes on each of two lots presently zoned as MC: single family residences We moved to St. Patrick Avenue 6 years ago. We were attracted by the larger lots, unique historical mix of homes, mature trees and the established single family residential status. We have put considerable effort into making our home blend into this character and take pride in our accomplishments when people tell us what a beautiful neighbourhood we live in. In fact it gives us certain bragging rights to live on a street and in a neighbourhood where one can see a pleasing mix of century's old homes juxtaposed with recent construction; all owner occupied, single family homes. We strongly feel that the application to allow two semi - detached homes is not in the best interest of the neighbourhood. It would detract from the unique character of St. Patrick Ave. and the surrounding streets of Stamford Centre. We attended an open house regarding the application and we recognize that from a technical building code aspect the two semi detached residences would be permissible. Our opposition is based on the intangible, but nonetheless real, concerns that the proposed bylaw change and resulting construction would impair our ability to fully enjoy our property and likely would result in decreased property values. We have discussed our concerns with many of our neighbours who are equally concerned and somewhat fearful of the effects of such a change on their property values and the character of of the area I would ask you to consider how you might feel should a zoning change adjacent to your property be proposed to add higher density housing or allow a use that would detract from the enjoyment of your property The applicant could without zoning consideration build two single family residences. We question the need for the change to allow semi - detached homes and request that you deny the application. Respectfully submitted John Steward Adriana Nieuwesteeg 3423 St. Patrick Ave Sincerely 7 Feliciano Pingue Napoli Ristorante & Pizzeria 905.356.3345 www.nap oiiristo rante. ca ristorante * pizzeria ssT 21183- :. { Friday. June 24, 2011 Dear Mayor Jim Diodati & Council Members Re: On- Street Parking — Ferry Street (North West Corner) As the owner of Napoli Ristorane & Pizzeria. I would first like to express my gratitude and thanks for the considerable time. effort and capital that has been invested to improve the infrastructure and physical landscape of Ferry Street. The completion of this extensive project demonstrates the City's continued commitment to improving our roadways for our citizens, business community and visitors to our city. However. I would like to take this opportunity to express my concerns with the removal of the on street parking on Ferry Street (North West side) in front of my business and my neighbors, Sicilian Gardens. The permanent removal of these parking stalls is going to adversely affect our business. Our concern with the removal of the parking is as follows: first; we were never officially notified by the Region that these parking stalls were going to be removed, thus, limiting our time to resolve this matter ; second; during the information meetings for the Main and Ferry BIA, we were informed that only one spot (directly in front of Napoli's front door) was going to be removed. It was not until mid May that we discovered that the parking stalls in front of Napoli and Sicilian Gardens have been removed by the Region. We have met with individuals from the Region and expressed our concerns and ideas; however, they have decided not to reverse their decision. We are asking for your support, cooperation and effort in resolving this matter. cca Sa magna comme cases toja 5485 Ferry Street, Niagara Falls, Ontario, Canada I.2G 1S3 (7/13/2011) Dean Iorfida - Felix Pingue update From: Carey Campbell To: Dean Iorfida; Jim Diodati Date: 7/13/2011 11:58 AM Subject: Felix Pingue update Jim, Dean: I told him I would follow up with Dean to let him know Felix' wishes. Jim, I believe Felix is still looking for our council to step in and ask the Region to reconsider. carey I spoke with Felix today and advised of all of the information and the reason for the removal of parking spaces was because of the safety concerns at that intersection. I also advised him that this was all a part of original drawings that were circulated to the BIA in January. I advised him to write a similar letter to the one he wrote to our Council, to Regional Council, asking them to reconsider. He was not happy that we could not do anything further at the city, and wanted to make sure his letter and the pertinent information was slated to be on the next City Council agenda. Page 1 (7/13/2011) Dean lorfida - FW: Stanley and Lyons creek rd Page 1 From: "Vujic, Petar" <petar.vujic @niagararegion.ca> To: "'ccampbell @niagarafalls.ca <ccampbell @niagarafalls.ca> Date: 7/11/2011 11:18 AM Subject: FW: Stanley and Lyons creek rd Attachments: 2011 -06 -17 RR20 Parking Prohibition Pingue.doc; Stanley_to_Ferry- TRUCKTURNS WB -17 SBD RIGHT (1).pdf; Stanley_to_Ferry- TRUCKTURNS COACH NBD LEFT f; Stanley_to_Ferry- TRUCKTURNS COACH SBD RIGHT (1).pdf; Stanley_to_Ferry-TR UCKTURNS WB -17 NBD LEFT (1).pdf; 2011 -03 -30 TenderAd.doc (1).pd FYI Original Message From: Rizzo. John Sent: June 24, 2011 9:17 AM To: Greenwood, Barbara Cc: 'Kent Schachowskoj'; Brothers, Ken; Cousins, Joe, Vujic, Petar; Tassone Frank Subject: RE: Stanley and Lyons creek rd Councillor Greenwood: We are undertaking intersection improvements at Stanley Avenue and Lyons Creek Road under Contract RN09 -21. This work is identified in our roads capital program. A copy of the attached tender advertisement for the project was e- mailed to you on April 1, 2011. The Region's Project Manager for this work is Frank Tassone. Project specific questions should be directed to Mr. Tassone. The municipal improvements and streetscaping on RR20 Ferry Street between Main Street and Stanley Avenue is a City project. The Region is cost sharing on the project. During the design stage we provided comment to the City which included the removal of parking in the subject area. We understand that the City did meet with the Main and Ferry BIA on a number of occasions to discuss project specifics. We are told that these primarily involved details related to the streetscaping and project schedule (i.e. timing and potential impact on businesses). For your reference we have attached a copy of our letter accompanying turning movement drawings to Anthony Pingue of Napoli Ristorante and Pizzeria . In addition, we have included below a link to By -Law No. 89 -2000 (By -Law To Provide for the Regulation of Traffic and Parking on Regional Roads) that speaks to parking prohibition at signalized intersections. Further to your recent discussion with Petar Vujic, our Corridor Safety Manager, staff can prohibit parking within 60m of a signalized intersection if deemed necessary due to potential safety hazards. The attached drawings clearly indicate a turning movement conflict at the subject location. In addition, our collision data indicates a significant number of accidents at this intersection. http: / /www. regional. niagara. on .ca /living /roads /Traffic -By- Law.aspx We trust this is sufficient for your purposes. Should you however have any further questions please do not hesitate to call or send an e-mail message. Regards, John Rizzo, C.E.T. Project Manager Original Message From: Greenwood, Barbara Sent: Thursday, June 23, 2011 3:30 PM (7/13/2011) Dean lorfida - 2011 -06 -17 RR20 Parking Prohibition Pingue.doc PUBLIC WORKS Transportation Services 2201 St. David's Road, P.O. Box 1042, Thorold, ON L2V 4T7 Tel: 905 - 685- 1571;ToI I- free:1- 800 - 263 -7215 Fax: 905 - 685 -0013 www.niagararegion.ca June 17, 2011 Mr. Anthony Pingue Napoli Ristorante & Pizzeria 5485 Ferry Street Niagara Falls, ON L2G 1S3 Dear Mr. Pingue: Parking Prohibition Regional Road 20 (Ferry Street) City of Niagara Falls VIA COURIER This letter is further to the on -site meeting on Wednesday. June 8, 2011 at which time you requested Regional staff reconsider the reinstatement of parking in front of your restaurant on Ferry Street. Staff have plotted the tracked paths of both buses and transport trucks using computer aided templates on the as- constructed road geometry. The drawings, which are attached. show that on- street parking would interfere with the safe movement of these vehicles. Based on these results. we maintain our initial position to remove on- street parking within 30 metres west of the intersection. As shown on the drawings. on- street parking is permissible further west. Staff are also working on a plan to have the existing overhead guidance signage replaced and will consider the ideas you have presented to us. Should you require any other information, please contact me. Yours truly, Petar V uj is Supervisor Traffic Studies PV'aw Attachments Page 1 (7/13/2011) Dean Iorfida - 2011 -03 -30 Tender Ad.doc Tender for 2009 -T -121 CONTRACT RN 09 -21 Intersection Improvements at the Intersection of Regional Road 47 (Lyons Creek Road) and Regional Road 102 (Stanley Avenue) In the City of Niagara Falls Sealed tenders, plainly marked as to contents, will be received by the office of the Regional Clerk. Niagara Region, 2201 St. David's Road, Thorold. Ontario, until 2:00 p.m. local time on Tuesday', April 19, 2011. The work to be carried out under this contract consists of, but is not limited to: • 4600 m' Earth Excavation • 2100 m' Disposal of Existing Asphalt Pavement • 1 1000 t Granular Materials • 3100 t Hot Mix Asphalt • 770 m Concrete Curb and Gutter • 200 m Catch Basin Leads and appurtenances This contract utilizes the "Niagara Peninsula Standard Contract Document" (Revision 12) Which forms the specification documents excepting the "Special Instruction to Bidders. Form of Tender and Supplementary Special Provisions ". The "Standard Document" is available on the internet at the "bid opportunities" section of the Niagara Region website (www.niagararegion.ca) Plans. specifications. and Form of Tender may be obtained from the Regional Offices, Public Works Department. 2201 St. David's Road. Ihorold. Ontario. A non - refundable payment in the amount of S25.00. reflecting part of the cost of document preparation. will be required for each set of tender documents taken. Tender documents will be available for pick up after NOON on Tuesday, April 5, 2011. Plans and specifications may be viewed without charge, but not removed. at the major construction association offices. All tenders must be accompanied by a tender deposit in the amount of S 45,000.00. Tenders will be publicly opened at 2:15 p.m. at 2201 St. David's Road, Thorold. The lowest or any tender not necessarily accepted. For further information, you may contact Mr. Frank Tassone, C.E.T., Project Manager Transportation Engineering, at 905- 685 -4225, extension 3349. Kenneth J. Brothers. P.Eng. Commissioner of Public Works Page 1 (7/13/2011) Dean lorfida - Stanley_to_Ferry-TRUCKTURNS WB-17 SBD RIGHT (1) pdf Page 1 WB-17 SOUTHOUND RIGHT STANLEY I:1 VENUE TO FERRY STREET -0- (7/13/2011) Dean lorfida - Stanley_to_Ferry- TRUCKTURNS COACH NBD LEFT (1).pdf Page 1 COACH BUS NORTHBOUND LEFT STANLEY AVENUE TO FERRY STREET (7/13/2011) Dean Iorfida - Stanley_to_Ferry- TRUCKTURNS COACH SBD RIGHT (1).pdf Page 1 COACH BUS SOUTHBOUND RIGHT STANLEY AVENUE TO FERRY STREET (7/13/2011) Dean lorfida - Stanley_ to_ Ferry- TRUCKTURNS WB -17 NBD LEFT (1).pdf Page 1 WB -17 fig NORTHBOUND LEFT STANLEY Ai /ENUE Ta FERRY STREET (7/13/2011) Dean lorfida - Re: Fwd: On- Street Parking, Ferry Street Page 1 From: Chris Anders To: Carey Campbell Date: 7/11/2011 2:49 PM Subject: Re: Fwd: On- Street Parking, Ferry Street Carey, As far as I know the line painting drawing (which shows the spots) has not changed since the job started in January. The drawings were available at the open house for everyone to view. I would not tell him an answer without checking the drawings. The only thing I can think of is since the road width wasn't changing, it was assumed that the parking would not be changing. I do not know why the Region did not inform him prior to construction. Chris »> Carey Campbell 7/11/2011 2:39 PM »> Thanks, Chris -- Mr. Pingue also had specific questions around why he wasn't formally notified by the Region, and he says that at the BIA information meetings, they were informed that only one spot was going to be removed. He says it was not until mid -May that they discovered the other spots had been removed. Do you have any comments re: his concerns around communication to he and the business owners? Thanks, carey »> Chris Anders 7/11/2011 2:36 PM »> Carey, Here is the Region's reason for removing the parking spot at Napoli's. Chris »> "Rizzo, John" <john.rizzo@ niagararegion.ca> 5/19/2011 11:24 AM »> Steve /Chris: Further to our telephone conversation of May 18, as requested we had a look at reinstating the parking (2 stalls) opposite Napoli's and Sicilian Gardens restaurants on Ferry Street. As discussed we are concerned with safety as it relates to the movement of traffic at this location (one of the busiest intersections in the Region). A number of factors were considered in our recommendation to eliminate the existing parking stalls (3) at this location, including traffic volumes, pavement width, turning movements through the intersection of Stanley /Ferry and sight lines for vehicle egress at driveway immediately west of the subject restaurants. We maintain that re- introducing 2 stalls at this location will impact traffic flow and safe operation. We trust this outlines our position. Jr Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: July 18. 2011 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Henry Muller Request to Speak re: Niagara Falls Soccer Club Indoor Facility Proposal We received the attached communication from the lawyer representing Mr. Henry Muller. Staff is working on a future report on the Indoor Soccer Facility. It would be more appropriate for Mr. Muller to speak at that time. Working Together to Serve Our Community ( (n1 Ross & McBride LLP DELIVERED Mayor Jim Diodati Members of Council and City Clerk Mayor's Office The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor and Council: Re: MW 2011 -15 Niagara Falls Soccer Club Indoor Facility Proposal July 11th, 2011 %„, f ECE JUL 1 2� , �14t F v owsoffa WITHOUT PREJUDICE I am the solicitor for the Muller Group, the majority owner and operator of The Niagara Falls Sportsplex, which provides recreational facilities within the City and surrounding area. Mr. Henry Muller has conducted business in Niagara Falls for over 63 years and it is noteworthy that his business interests pay approximately $750,000 per year in municipal taxes. We have reviewed with our client the City staff report on the proposal by the Niagara Falls Soccer Club, being Report MW- 2011 -25 and being dated June 13, 2011. Our client shares many of the concerns of staff pertaining to the serious financial and legal implications associated with this proposal. Our client has also reviewed a video of the Council proceedings for the meeting of June 13, 2011, when this issue was considered. At the outset it was troubling to our client that no declarations of interest were made by any Members of Council when at least one Member has family members involved in the Niagara Falls Soccer Club. It was equally of concern to Mr. Muller to see Council allocate in excess of $1 million to a project that is not likely qualified as a ''P3" project. It is our understanding that the proposed indoor soccer facility, if managed by "not for profits" cannot properly be considered as a "public, private partnership." Quite properly, P3 funding (which is taxpayer's money) is primarily allocated to roads. bridges, and / or water and sewer projects. There is no shortage of real needs going forward in the City of Niagara Falls. It would be unfortunate if a small group's "wants" took precedence over existing or future City applications that could be described as "needs." The allocation that evening of these funds occurred, we understand, without any staff report as to such allocation and its implications. It is not mentioned in Report MW- 2011 -25. Also, there is a wide range of planning considerations that should not usurp the rights of those living near the site of the proposed indoor soccer facility. Traffic and parking concerns, as well as potential objections to the Ontario Municipal Board are matters that our client believes would be of concern to staff. An OMB hearing could present serious delays. Ross & McBride LLP - Barristers & Solicitors 10th Floor — Commerce Place 1 King St. West, Hamilton, ON L8P 1AH Canada Postal Address: P.O. Box 907 Hamilton, ON L8N 3P6 Canada Phone: 905- 526 -9800 Fax: 905 www.rossmcbride.com if ii) Ross & McBride Li .P Briefly, I would like to summarize our client's other concerns: Financials As a number of Members of Council noted, this project will immediately add at least $1 million to the City's debt. No business plan was submitted to support a request of $1 million of taxpayer money. Taxes will have to increase or existing, approved projects will be cancelled. No working drawings or cost estimates were provided. Council would be obligated to pay for any cost overrun to realize their investment of $1 million. No financials were provided by the proponent Niagara Falls Soccer Club. As such, it is unclear if the Niagara Falls Soccer Club has the financial resources to manage such a facility. Clearly, Niagara Falls taxpayers, including Mr. Muller, would be obligated to assume the operating liability should the facility fall into bad times. City CAO, Ken Todd, was clear in his view, as reported, that the City should play no role in operating the facility. The proponent suggests that he has an unnamed business that will pay $750,000 for naming rights. The name of this company should be disclosed to determine their financial fitness and suitability for such advertising. The terms and conditions of these naming rights should be part of a business plan that should be made public prior to any commitment of tax dollars going to a third party. Likewise, any financial agreement with the Niagara Falls Soccer Club and the Niagara Catholic School Board should also be tabled for public review. Council is entitled, if not obligated, to review such leases or other agreements. Lucrative naming rights, concessions and school board leases might well alleviate the need for any financial commitment from taxpayers of Niagara Falls. There was no mention of management fees. Who would manage this facility? At what cost? Who would hire these people? At what salaries? These are important questions. Finally, if there are existing community organizations whose projects will be bumped, the City should be made aware of the costs associated with project termination. Parks and Recreation Strategic Plan As properly noted at Council, there is no reference in the Parks and Recreation Strategic Plan for the development or support by the City of Niagara Falls for an "indoor soccer turf facility." Every sport, art, cultural, park and recreational organization in the City has participated in this Plan. People rely upon it. It is unreasonable to suggest that any group be entitled to "jump the line." This will be an unfortunate precedent. www.rossmcbride.com ffi i'i Ross & McBride LLP At the same time, it is properly noted that many recreational facilities and parks require immediate and urgent capital improvement. Fair - minded people would have to conclude that the $1 million plus allocated to the Niagara Falls Soccer Club could go a long way across the City to fix and maintain existing facilities from falling into greater disrepair. At minimum, the proponent should be obligated to develop a transparent business plan that will pass public scrutiny as every other organization has done. Precedents The proponent seeks a waiver of development charges and all application fees, both with the City and with Niagara Region. If granted, this creates a precedent which will be extremely difficult for both Councils. It is ill- advised. The proponent seeks $1 million of taxpayer money with no business plan or appropriate financial disclosure. Hasty approval of this proposal sends the wrong message to taxpayers. It further suggests that any other group seeking P3 money or any other taxpayer support need only apply. This would be an unfortunate precedent. Members of Council campaigned on focused priorities barely eight months ago. No mention of this $4 million project was raised by anyone. It is unseemly to do so now. Our client operates his facility as a small business. The company works well with the entire soccer community across Niagara Falls to make times available. It is his wish to continue to do so. Mr. Muller should not be placed in a position of economic disadvantage as a result of the public subsidization of a $4 million facility at public expense. It is unfair to him and equally unfair to local taxpayers. Our client and his representatives would be pleased to elaborate upon this with you and Council should that be your wish. Also, he hereby requests that he be added as a delegation at the next Council meeting, which we believe is scheduled for Monday, July 18th, in order that he and his representatives can speak further about this matter. In Mr. Muller's view there ought to be a careful review of the whole issue and the goals of the City together with all possible alternatives by which the City can implement its vision before any further steps are taken with regard to this one specific proposal. Otherwise there may be the real risk that a significant sum has been allocated and disbursed in an ineffective manner. Sincerely, Ros McBride LLP er R. Tice cc: Ken Todd, CAO, City of Niagara Falls Client www.rossmcbridc.com (7/13/2011) Dean lorfida - TEXT.htm Page 1 Dear Mr. Dean lorfida, I am contacting you on behalf of the 2011 Bird Strike North America Conference which is being hosted this September 12 -15 in Niagara Falls! I was speaking with Carey Campbell last week regarding a request for funding support from Mayor Jim Diodati and Members of Council and she recommended that I submit my letter to you. Please see attached for a PDF letter for the Mayor and Members of Council's consideration. Should you have any questions or require additional information, please do not hesitate to contact me by email at birdstrike@icsevents.com or by phone at +1- 604 - 630 -5963. If you can please kindly confirm receipt of this email that would be greatly appreciated. Thank you! Kind regards, J ssica dig 2011 Bird Strike North America Conference Coordinator Inference Se_ret.,i ,a.. International Conference Services, Ltd. 2101 - 1177 West Hastings Street Vancouver, BC, Canada V6E 2K3 Direct: [+1] 604 630 5963 Phone: [+1] 604 681 2153 ext. 133 Fax: [+1] 604 681 1049 Email: birdstrike @icsevents.com Conference Website: www. birdstrikecanada .com /CanadaConference.htmi Association Website: www.canadianbirdstrike.ca (7/13/2011) Dean lorfida - BSNAC - Letter to Mayor Jim Diodati and Members of Council.pdf Page 1 June 27, 2011 Mayor Jim Diodati and Members of Council The City of Niagara Falls 4310 Queen Street, PO 1023 Niagara Falls, Ontario L2E 6X5 Canada Dear Mayor Jim Diodati and Members of Council: Sincerely, Jessica Ng Conference Coordinator 2011 Bird Strike North America Conference Bird Stnke Committee USA On behalf of the Bird Strike Association of Canada and Bird Strike Committee USA, we are pleased to be bringing the 2011 Bird Strike North America Conference to Niagara Falls this September 12 -15, 2011. The 2011 Conference is hosted by Accipiter Radar. Dr. Tim Nohara and the team at Accipiter Radar are proud to call Niagara Falls their home and are excited to be hosting the Conference in their home town. As you may be aware, the US Airways Flight 1549 that went down in the Hudson River in 2009 was the result of a bird strike. The Bird Strike North America Conference is dedicated to furthering bird strike awareness, improving bird strike prevention methods, and reducing occurrences of aircraft hazard incidents due to bird and other wildlife, just like the US Airways Flight 1549 incident. This letter is a request to Mayor Jim Diodati and Members of Council for funding to support the Conference and its efforts to bring industry professionals together to discuss their experiences and case studies. share new technologies and prevention methods, gain new information to mitigate aircraft wildlife strikes and enhance air safety for all. We are requesting for funding in the amount of $5,000.00 which will go towards the cost of audio visual equipment rental and support to be used during the Conference for the sessions and presentations. In addition to the request for funding, we are cordially inviting Mayor Jim Diodati and Members of Council to attend the Welcome Reception on the opening day of the 2011 Bird Strike North America Conference. The Welcome Reception is hosted by Air Canada and will take place on Monday, September 12, 2011 at the Marriott Gateway on the Falls Hotel at 6:OOpm. On behalf of the Organizing Committees, we thank you for your time and consideration of this request. Should you have any questions, require additional information, or would like to confirm your participation at the Welcome Reception, please contact me by email at bird strike3iicsevents.com or by phone at *1 -604- 630 -5963. Thank you again and we look forward to a successful Conference in your beautiful city! CONFERENCE International Conference Services Ltd.. 2101 1177 West Hastings Street. Vancouver. BC Canada V6E 2K3 SECRETARIAT Phone: +1 604 681 2153 • Fax: .1 604 681 1049 • Emait: birdstrike@icsee ents.com (7/13/2011) Dean lorfida - Re: 2011 Bird Strike North America Conference Page 1 From: Dean Iorfida To: Bird Strike North America Conference Date: 7/12/2011 2:35 PM Subject: Re: 2011 Bird Strike North America Conference Hello Jessica: Yes, it has been received. I will be bringing it forward for our next meeting (July 18th); however, I am doubtful that the Council will be providing funds. As I am sure you can appreciate, Niagara Falls has a robust conference and convention trade based on our name recognition. For our Council to provide funding for all conferences in our City would be financial onerous on our local tax base. Have you had any contact with Niagara Falls Tourism, our visitor and convention bureau? Email: mcit@niagarafallstourism.com Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) »> "Bird Strike North America Conference" <Birdstrike(aicsevents.com> 7/7/2011 4:53 PM »> Dear Dean, I just wanted to follow up with you to ensure that you received my email from June 27th regarding a request for funding support from Mayor Jim Diodati and Members of Council for the 2011 Bird Strike North America Conference. If you can respond by email to confirm that you have received this email that would be great. Also, if possible, can you please let me know when I can expect to hear a response or decision on this request? Thank you for your assistance, Jessica Ng 2011 Bird Strike North America Conference Coordinator Conference Secretariat International Conference Services, Ltd. 2101 - 1177 West Hastings Street Vancouver, BC, Canada Victoria - Centre BIA 2010 Budget marketing & advertising $ 25,000.00 office expenses $ 5,500.00 conventions & meetings $ 1,500.00 HST $ 20,000.00 bank charges $ 100.00 sponsorships (le: WFOL, NYEve, fireworks) $ 70,000.00 loan payments (sidewalk expansion) $ 10,000.00 professional fees $ 12,200.00 salary $ 24,000.00 streetscape $ 31,000.00 contingency $ 35,700.00 convention centre commitment $ 100,000.00 $ 335,000.00 (7/13/2011) Dean lorfida - VCBIA city rep Page 1 From: "Sue McDowell" < suemcdowell ©fallsviewboulevard.com> To: "Dean lorfida" <diorfida ©niagarafalls.ca> Date: 7/13/2011 2:13 PM Subject: VCBIA city rep Hi Dean.l am told that Vince Kerrio is the city rep for the VCBIA. with our new structure Vince has a seat on the board already. Can we request Wayne Thomson please, he has much experience with us. Also.l understand the Menechella plaza has sold off parts of it.this changes the % of the levy that they have.& may change whether or not they are a designated seat on the board. Can you shed some light ion this for me please? Thanx! Sue McDowell Executive Director Victoria Centre BIA Clifton Hill District P.O. Box 841 Niagara Falls, Ontario L2E 6V6 tel 905 - 358 -7137 cell. 905 - 348 -4880 fax: 905 - 358 -5891 visit us on the web - <http:/ /www.topofcliftonhill.com /> www.topofcliftonhill.com for the latest updates - see the clifton hill district on facebook It's not what happens to you, but how you react to it that matters. - Epictetus Come react with laughter to the fun in the Clifton Hill District'!! Niagara) ails REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO- 2011 -03 2011 -2014 Strategic Priorities - Biannual Progress Update RECOMMENDATION That the 2011 - 2014 Strategic Priorities - Biannual Progress Update, included in the Agenda package, be approved. BACKGROUND On Monday, January 31, 2011, the new Vison, Mission, Values and the following 2011- 2014 Strategic Priorities for the City of Niagara Falls were adopted by City Council: Economic Vitality Infrastructure Sustainability Financial Stability Convenient, Accessible and Sustainable Transportation Customer Service Excellence Organizational Efficiency and Effectiveness Healthy and Safe Community Well- Planned City CAO- 2011 -03 July 18, 2011 Through their strategic planning process, Council is committed to keeping the priorities current, informing the community about the Strategic Priorities and reporting back on a regular basis over the next four years in several ways: • the Strategic Priorities will be reviewed on an annual basis by Council to ensure relevancy and to build in the capacity to respond to emerging issues. • the Council report format includes a section where the Strategic Priority to which the subject of the report relates is identified. • the 2011 -2014 Strategic Priorities will be shared with citizens and staff, and, will become a primary communications tool for the City. • biannual progress updates will allow us to celebrate our successes and to consider the tasks ahead. The summary is the first of the biannual progress reports. July 18, 2011 -2- CAO- 2011 -03 The Strategic Priorities have been integrated into operational actions and strategies by the Senior Management Team in order to move the priorities forward. They will be also linked to the budget as part of a comprehensive strategic management system that also includes performance management and measurement systems to evaluate success in achieving the goals. The Priorities are addressed through both short term and multi -year initiatives, with costing to be addressed through the regular budget process. Progress on the Strategic Priorities actions and strategies will be reviewed biannually to provide the capacity to respond to urgent or emerging issues, and to ensure that work plans are focused, clearly articulated and understood. CITY'S STRATEGIC COMMITMENT Staff is committed to preparing biannual progress reports to keep Council and the community apprised of the initiatives and activities undertaken to accomplish City Council's 2011 -2014 Strategic Priorities. Respectfully submitted: Ken Todd, Chief Administrative Officer Niagara REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2011 -13 Adult Entertainment Licence Revocation CD- 2011 -13 July 18, 2011 That based on the recommendation of the Adult Entertainment Appeals Committee, the decision of the Issuer of Licences to revoke the licence of the appellant be upheld. Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By -law, a committee of Council has the authority to hear appeals and make recommendations to Council. An appeal was heard on June 27' at City Hall as a result of a suspension of a licence by the Issuer of Licences from the Police Services Board. The hearings followed the provisions of the Live Adult Businesses By -law. Upon conclusion of the evidence, the committee made a decision and their recommendations are contained in the recommendation report for Council's approval. City By -law 2002 -197 (the "By- law "), is a by -law that provides for the licensing, regulating, governing, classifying and inspecting of body -rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By -law 2002 -197 if an applicant is refused a licence or has their licence suspended, they may appeal the decision of the Issuer of Licences. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. This report is a result of an appeal heard on June 27' at 4:00 p.m. in Committee Room #1, City Hall arising out of the revocation of an adult entertainer's license by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. July 18, 2011 ANALYSIS /RATIONALE Revocation of Licence - 2 - CD 2011 - 13 The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licence of an adult entertainer. The entertainer was charged with a number of serious offences: Trafficking in persons, Extortion, Intimidation, Sexual Assault, Party to an Offence of Sexual Assault, a number of Theft charges, Threatening Death, Threatening Bodily Harm and overcoming Resistance in the Commission of an Offence. The complainants were other entertainers and the commission of the offences occurred at adult entertainment parlours. The Issuer of Licences recommended the revocation of licences under the following grounds under the By -law: 19(2)(b): the past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director, shareholder or officer of the corporation, if the applicant is a corporation, affords reasonable grounds for belief that the business in respect of which the application is made will not be carried on in accordance with the law and with integrity and honesty; 19(2)(g): the past or present conduct of the applicant or of anyone or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; The decision by the Issuer of Licences to recommend revocation without a formal conviction was based on section 22 of the by -law: 22. In deciding whether to grant, refuse, revoke or suspend a licence, or allow a licence to continue subject to conditions, the Council may receive relevant evidence of and act upon, the fact that one or more persons have been convicted of an offence, but may also consider and act upon evidence of conduct, whether or not prohibited by this By -law or any other law, or which could be the subject matter of a charge under this By -law or any other law, whether or not any charge or conviction may have resulted or may in the future result, from such conduct. Hearing The appellant did not appear at the hearing. The Issuer of Licences presented evidence related to the offences. The Committee's recommendation to uphold the revocation of licence based on the following points, amongst others: ► Despite being only charges at this point, the severity of the alleged offences is serious enough that public safety would be a concern. ► The alleged offences occurred at adult entertainment parlours. ► The appellant's bail conditions prevent her from being in an adult entertainment parlour, therefore, allowing the continuation of the appellant's licence would put her in breach of her bail conditions. July 18, 2011 - 3 - CD- 2011 -13 ► The appellant was a no -show at the hearing. ► If the charges were dismissed, the appellant could reapply for a licence at that time. Based on the Committee's recommendation, Council can uphold the revocation of the licence as per section 15(6)(d) of the By -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By -law (2002 -197, as amended). Recommended by: Respectfully submitted: DI Dean Iorfida, City Clerk Ken Todd, Chief Administrative Officer REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -30 2010 Reserves and Reserve Funds RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND F- 2011 -30 Niagaraialls July 18, 2011 The City Council receive this report, for information, on the 2010 activity in reserves and reserve funds. The Finance Department provides Council with annual reports on financial transactions during a fiscal period that compliments the annual Financial Statements. This report summarizes the collection and uses of reserve funds during the fiscal year. This report shows that in total, the reserves have decreased from $87.3 million to $70 million during 2010. The reduction in the reserves is directly related to the use of funds during the construction of the Convention Centre. As Council will recall, the Provincial funding partners provided their contribution prior to construction starting. These funds were held in reserves and have been used to fund expenditures incurred throughout construction. Reserves and reserve funds are authorized by City Council via The Municipal Act and other legislation. Reserves and reserve funds are designated and approved by Council for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years. The following is a brief explanation of the kinds of reserves and reserve funds. When reserves are created, the amounts are appropriated from net revenue in the same year and then used for those same purposes in a subsequent year. Reserves may be established for any municipal purpose. A reserve fund differs from a reserve in that reserve funds assets are segregated and restricted to meet the purpose of the reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. In 2005, BMA provided a study that identified a reserve policy. This policy identified objectives for reserve balances. Subsequent to this time, contributions to reserves were included in the provisional General Purposes Budget, but were not included in final budgets. July 18, 2011 ANALYSIS /RATIONALE Reserves Reserve for working funds - 2 - F- 2011 -30 In most municipalities, accounts have to be paid before taxes, grants, and other revenues become available, including revenues still to be collected for the previous year. A municipality can obtain a short-term loan to meet this need, but borrowing incurs interest charges. In order to reduce and, if possible, avoid short-term borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. Reserve Funds Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. • Park Purpose • Municipal Parking • Development Charges • Gas Tax Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: • Future expenditures for capital projects • Debt retirement • Levy or user fee stabilization • Promotion of special projects FINANCIAL IMPLICATIONS Attached is a copy of the reserves and reserve funds for 2010 showing the balances at January 1, 2010, the amounts added, the amounts used in 2010, and the balances at December 31, 2010. The chart identifies that the reserves in total decreased from $87.3 million at the end of 2009 to $70 million at the end of 2010. This reduction is consistent with the use of reserve funds for the Convention Centre project. As Council will recall the provincial funding partners provided their financial commitment to the City prior to construction and these funds have been used as construction has progressed. Staff will provide analysis of reserve balances as part of the 2012 Budget process. July 18, 2011 LIST OF ATTACHMENTS 2010 Reserves and Reserve Funds Recommended by: Respectfully submitted: - 3 - F- 2011 -30 Todd Harris rL. Directo of Finance Ken Todd, "Chief Administrative Officer RESERVES Special Purposes 19,117,872.36 5,775,847.05 (2,131,082.62) (1,068.209.61) (3,199,292.23) 21,694,427.18 Working Capital 265,000.00 265,000.00 TOTAL RESERVES 19,382,872.36 5,775,847.05 (2,131,082.62) (1,068,209.61) (3,199,292.23) 21,959,427.18 CAPITAL HOLDING RESERVE 11,899,748.22 2,609,993.77 (1,722,286.86) (1,722,286.86) 12,787,455.13 RESERVE FUNDS (Set aside by Council) 2010 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1 /10 CONTRIBUTIONS USES USES USES DEC. 31/10 Obligatory Development Charges 272,323.38 2.319.40 (38,500.00) - (38,500.00) 236,142.78 Development Charges bylaw 99 -144 8,447,961.03 4.971.814.48 (64,320.90) (3,323.955.80) (3,388,276.70) 10.031 .498.81 Federal Gas Tax Rebate - Infrastructure 3,161,123.70 2,568.448.63 (6.288,07) (3,475.000.00) (3.481,288.07) 2,248,284.26 Federal Gas Tax Rebate - Transit - - - - - - Transit Gas Tax Rebate 345,637.19 1,162.623.34 (532,000.00) (628.337.69) (1,160,337.69) 347,922.84 2% Prklnd Dedictn - Chippawa 15.803.29 91.26 - 15,894.55 2% Prklnd Dedictn - River Road 2,941.30 17.16 - - - 2,958.46 2% Prklnd Dedictn - Whirlpool 34,079.68 199.15 - - - 34,278.83 2% Prklnd Dedictn - Lundy's Lane 142,934.72 4,351.09 (926.88) - (926.88) 146,358.93 2% Prklnd Dedictn - Fallsview 659,265.86 103.855.93 - - - 763,121.79 2% Prklnd Dedictn - Clifton Hill 198,343.57 7.144.95 (1.575.67) (1,575.67) 203,912.85 Discretionary Collins/Toby - Debenture 98-2001 20,897.69 122.11 (10,000.00) - (10,000.00) 11,019.80 Erwin/Barnett - 40 yr licence agreement 15,118.25 87.80 (1,863.84) - (1,863.84) 13,342.21 Long - 40 yr licence agreement 11,246.92 66.43 (1,383.76) - (1.383.76) 9.929.59 Terrio- 40yr licence agreement 13,374.76 77.04 (1.412.00) - (1,412.00) 12,039.80 Sick Leave Liability 1,201,795.86 44,519.08 (9,894.37) - (9,894.37) 1,236,420.57 L.L. Battlefield Debenture 98 -2001 30,269.37 177.77 (14,500.00) - (14,500.00) 15,947.14 Workers Compensation 588.079.22 198.138.12 - - - 786.217.34 Fire Stn #5 - Willoughby - Mtg fund 19,424.67 114.80 - (19.539.47) (19,539.47) Recreation Trail Development 71,155.36 1,915.42 - - 73,070.78 Capital /Operating Fund 7,233,232.23 276,256.41 (353,641,33) - (353,641.33) 7,155,847.31 Tree Planting - Developers 1,277.61 7.31 - - - 1,284.92 Park Development 17,381 .84 101.49 - 17,483.33 Sewer and Water Impost 1,348,167.58 51.348.64 (11,470.05) - (11,470.05) 1,388.046.17 Expansion and Renewal 232,305.02 8.473.70 (1,876.90) - (1,876.90) 238,901.82 Conrail Drainage 647,938.99 24,301.84 (4.935.59) - (4,935.59) 667,305.24 Prepaid Subdivision Work 205,062.25 7,441.87 (1,645.19) - (1,645.19) 210,858.93 Sidewalk Construction 303,929.40 42,599.99 (2,456.22) - (2,456.22) 344,073.17 Future Municipal Works 836,368.24 31,770.41 (7.090.58) - (7,090.58) 861,048.07 Lot Drainage 164,279.92 5.878.24 (1,297.61) - (1,297.61) 168,860.55 Library Special Projects 314,630.75 3.190.20 317,820.95 Library Property Maintenance 320,665.60 2.584.85 (25,000.00) (25,000.00) 298,250.45 Library Automation Fund 360,331.56 2.488.03 - 362,819.59 Sanitary (Recycling Surplus) 399,059.34 14,630.28 (3,244.06) - (3,244.06) 410,445.56 Sports End - new equip /program 4,931.35 28.28 - - - 4,959.63 Projs - Special Needs' Children 15,551.23 90.72 - - - 15,641 .95 Coat of Arms 2,271.86 13.69 - - 2,285.55 Niagara Tunnel - Comm'tylmprvmt 305,788.18 11,454.69 (169,911.46) - (169,911.46) 147,331.41 Water Patrol Boat 32,281.20 188.91 - - 32,470.11 Branscombe Family Grant 3,712.79 20.98 - - - 3,733.77 Convention Centre 26,703,386.39 358,471.40 (116,043.07) (21,783,927.66) (21,899.970.73) 5,161,887.06 Fire - Interop Radios Debenture - bylaw 56 -2006 56,522.44 331.45 (8,375.00) (8,375.00) 48,478.89 Fire - Aerial Firetruck Debenture 158,684.93 4,442.32 (22,876.88) - (22,876.88) 140,250.37 Niagara Falls Sports Foundation 967.20 13,506.40 (14,117.20) - (14,117.20) 356.40 Chippawa Arena Debenture 42,318.16 247.52 (4,260.00) - (4,260.00) 38,305.68 Kalar Park Turf Debenture 36,109.39 210.44 (3,632.00) - (3,632.00) 32,687.83 RESERVE FUNDS (Set aside by Legislation) Public Purpose (Planning Act) Municipal Parking 447,576.77 95,874.18 - 569,322.94 21,062.84 (4.680.70) (134,673.00) (134.673.00) 408,777.95 - (4,680.70) 585,705.08 TOTAL RESERVE FUNDS 56,015,830.98 10,043,101.04 (1,414,219.33) (29,390,433.62) (30,804,652.95) 35,254,279.07 TOTAL OF ALL RESERVES & RESERVE FUNDS 87,298,451.56 18,428,941.86 (3,545,301.95) (32,180,930.09 35,726,232.04 70,001,161.38 F- 2011 -31 Niagaratalls July 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -31 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $5,857,734.80 for the period June 9, 2011 to June 22, 2011. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harriton, Director of Finance Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date 180 MARKETING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF A GREEN WINDOW & BLIND CLEANING LTD A J STONE COMPANY LTD Al ASPHALT MAINTENANCE ABSOLUTE COMMUNICATION & DESIGN ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ADVANCE TOWING ADVANCE TOWING ADVANTAGE PRODUCTS AIR CARE SERVICES AIR CARE SERVICES ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALL PRO RENTALS ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALT, LORI AMALGAMATED TRANSIT UNION #1582 ANDERSON,JEFF ANGLE,BETH APPLIED GEOLOGICS INC ARCHER TRUCK SERVICES LTD ARIVA ARIVA ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC AUTOMATION DEVICES CANADA LIMITED BAIN,BLAKE BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BANNERMAN,MAJA BARON ROOFING & SIDING LTD BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BERNAT,CLARK BERNAT,CLARK BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIONDOLILLO,LYNN BIRD KINGDOM BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOUW,JEFF BRODERICK & PARTNERS BROWN,PAUL BURKE GROUP - THE BUSINESS EDUCATION COUNCIL OF NIAGARA C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CAMPBELL,LAUREL CANADA CULVERT CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM SERVICE CANADIAN PACIFIC RAILWAY CO CANADIAN URBAN TRANSIT ASSOC CANPAR TRANSPORT L.P. CANTEC SECURITY SERVICES INC CARLETON UNIFORMS INC CARRICK,MARZENNA CASTLE MECHANICAL CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONSTRUCTION 346922 22- Jun -2011 346757 15- Jun -2011 346923 22- Jun -2011 346927 22- Jun -2011 346929 22- Jun -2011 346924 22- Jun -2011 346758 15- Jun -2011 346759 15- Jun -2011 346925 22- Jun -2011 346760 15- Jun -2011 346761 15- Jun -2011 346926 22- Jun -2011 346762 15 -Jun -2011 346763 15- Jun -2011 346928 22- Jun -2011 346764 15- Jun -2011 346765 15- Jun -2011 346930 22- Jun -2011 346931 22- Jun -2011 346768 15 -Jun -2011 346932 22- Jun -2011 346766 15- Jun -2011 346767 15- Jun -2011 346933 22- Jun -2011 346934 22- Jun -2011 346935 22- Jun -2011 346769 15- Jun -2011 346936 22- Jun -2011 346937 22- Jun -2011 346770 15- Jun -2011 346938 22- Jun -2011 346771 15- Jun -2011 346939 22- Jun -2011 346772 15- Jun -2011 346773 15- Jun -2011 346940 22- Jun -2011 346941 22- Jun -2011 346942 22- Jun -2011 346943 22- Jun -2011 346944 22- Jun -2011 346774 15- Jun -2011 346777 15- Jun -2011 346778 15- Jun -2011 346776 15- Jun -2011 346945 22- Jun -2011 346946 22- Jun -2011 346779 15- Jun -2011 346947 22- Jun -2011 346948 22- Jun -2011 346780 15- Jun -2011 346781 15- Jun -2011 346949 22- Jun -2011 346917 16- Jun -2011 346783 15- Jun -2011 346950 22- Jun -2011 346784 15- Jun -2011 346785 15- Jun -2011 346804 15- Jun -2011 346969 22- Jun -2011 346951 22- Jun -2011 346786 15- Jun -2011 346952 22- Jun -2011 346953 22- Jun -2011 346787 15- Jun -2011 346788 15- Jun -2011 346954 22- Jun -2011 346955 22- Jun -2011 346789 15- Jun -2011 346790 15- Jun -2011 346956 22- Jun -2011 346791 15 -Jun -2011 346958 22- Jun -2011 346957 22- Jun -2011 Purpose WEB SITE MAINTENANCE MATERIALS MATERIALS SERVICES EQUIPMENT CONTRACT SERVICES CONSULTING SERVICES SERVICES SERVICES MATERIALS SERVICES SERVICES MATERIALS SERVICES SERVICES CONTRACT SERVICES LEASES AND RENTS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TUITION REIMBURSEMENT PAYROLL REMITTANCE REFUND TRAVEL /MILEAGE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES REFUND SERVICES SERVICES MATERIALS SERVICES SERVICES SERVICES PETTY CASH REFUND MATERIALS MATERIALS REFUND - PARKING INFRACTION C01 MATERIALS SERVICES SERVICES ADMINISTRATIVE CONSULTING SERVICES TRAVEL /MILEAGE SERVICES SERVICES CONTRACT SERVICES MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS Page 1 of 5 Amount 322.05 781.96 1,845.29 2,875.51 16,526.48 126,625.16 5,254.50 732.01 13,345.76 1,865.70 197.75 418.10 918.29 257.93 5,309.58 252,162.19 13,126.79 503,492.39 10.74 2,336.62 219.22 108.48 348.18 200.00 1,892.75 224.51 225.46 15,476.94 30.40 532.28 559.30 101.70 45.20 6,469.25 30.50 23,318.25 347,738.69 585.81 395.50 3,528.99 20.57 23.73 254.82 113.00 196.21 1,414.80 515.57 610.20 10.00 169.50 1,190.74 791.00 60.00 3,005.23 74.00 1,921.00 155.00 38, 232.19 5,561.63 282.36 1,612.60 565.00 233.47 1,079.55 1,152.60 58.06 826.26 5,678.36 117.50 166.22 700.04 1,171.25 552.57 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CENTENNIAL INFRASTRUCTURE NIAGARA INC CENTRAL TRANSPORTATION REPAIRS INC CENTRAL TRANSPORTATION REPAIRS INC CENTURY VALLEN CERTIFIED MANAGEMENT ACCOUNTANTS OF ONTARIO CHAMBER OF COMMERCE NIAGARA FALLS CHANGING SEASONS LANDSCAPE & MAINTENANCE CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CIRCLE P PAVING INC CIRCLE P PAVING INC CIT FINANCIAL LTD CLINTAR LANDSCAPE MANAGEMENT o/a 1719313 ONTARIO C -MAX FIRE SOLUTIONS COLLABORATIVE STRUCTURES LIMITED COMMISSIONAIRES COMPOSTELLA,JOHN ROSS COTTON INC CRAWFORD SMITH & SWALLOW CRE -8 -IT SIGNS CRITES,CHELSEA CUMMINS EASTERN CANADA LP CUPE LOCAL 133 DARCH FIRE DATAMARK SYSTEMS INC DAVEY TREE EXPERT CO DAVIDSON ENVIRONMENTAL DESIGN ELECTRONICS DEVELLIS,PAUL & SUSAN DEVRON PIPE SALES DIODATI,JIM DRAFTING CLINIC CANADA LTD DYNACLEAN /2081655 ONTARIO LTD E3 LABORATORIES EDGAR,MEGHAN EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENGINEERING CONCEPTS NIAGARA EQUIPMENT SPECIALIST INC EVANS UTILITY SUPPLY LTD EVOLUTION TRUCK & TRAILER SERVICE EVOLUTION TRUCK & TRAILER SERVICE F SACCO CONST LTD FANSOLATO,WAYNE FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEREN SIGNS & AWNINGS LTD FEREN SIGNS & AWNINGS LTD FIELD OF DREAMS FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FRANK COWAN COMPANY LIMITED FREDERICK CAMERON LLP IN TRUST FYKE RENT -A -TENT LTD GALBRAITH ELECTRIC LTD GALT MACHINE KNIFE & SAW GAULD NURSERIES LTD GLENTEL WIRELESS CENTRE GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GOODLIFE FITNESS CLUBS GRAYBAR ELECTRIC LTD GREENFIELD GROUP LTD GREENLAWN GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GYMNASIUM & HEALTH EQUIPMENT LIMITED Cheque No. 346792 346793 346959 346960 346794 346795 346961 346796 346962 346797 346963 346798 LIMIT 346964 346799 346965 346966 346967 346800 346968 346802 346803 346805 346970 346806 346971 346972 346973 346974 346975 346976 346977 346807 346978 346979 346980 346808 346981 346982 346809 346983 346984 346985 346986 346810 346987 346994 346988 346811 346989 346812 346813 346990 346814 346815 346991 346816 346992 346993 346920 346817 346818 346995 346996 346819 346997 346820 346998 346821 346823 346824 346825 346999 347000 346826 Page 2 of 5 Cheque Date Purpose Amount 15- Jun -2011 CONTRACT SERVICES 157,834.76 15- Jun -2011 MATERIALS 3,610.80 22- Jun -2011 MATERIALS 4,171.60 22- Jun -2011 MATERIALS 625.76 15- Jun -2011 MEMBERSHIP 961.63 15- Jun -2011 MEMBERSHIP 146.25 22- Jun -2011 MAINTENANCE /REPAIRS 8,708.42 15- Jun -2011 MATERIALS 343.41 22- Jun -2011 MATERIALS 234.90 15- Jun -2011 SERVICES 9,411.96 22- Jun -2011 MATERIALS 7,529.87 15- Jun -2011 LEASES AND RENTS 887.16 22- Jun -2011 MAINTENANCE /REPAIRS 6,983.03 15- Jun -2011 MATERIALS 2,934.98 22- Jun -2011 CONTRACT SERVICES 593,307.58 22- Jun -2011 CONTRACT SERVICES 24,157.28 22- Jun -2011 REFUND -LOT GRADING DEPOSIT 1,000.00 15- Jun -2011 MATERIALS 378.66 22- Jun -2011 SERVICES 4,633.00 15- Jun -2011 MATERIALS 542.40 15- Jun -2011 MATERIALS 100 00 15- Jun -2011 MATERIALS 35.62 22- Jun -2011 PAYROLL REMITTANCE 8,586.04 15- Jun -2011 MATERIALS 323.52 22- Jun -2011 MATERIALS 2,250 96 22- Jun -2011 SERVICES 820.38 22- Jun -2011 MATERIALS 158.20 22- Jun -2011 MATERIALS 565.00 22- Jun -2011 REFUND - DAMAGE DEPOSIT 750.00 22- Jun -2011 MATERIALS 2,382.84 22- Jun -2011 TRAVEUMILEAGE 1,155.00 15- Jun -2011 CONTRACT SERVICES 285.33 22- Jun -2011 SERVICES 446.35 22- Jun -2011 SERVICES 2,365.25 22- Jun -2011 TRAVEL /MILEAGE 29 15- Jun -2011 MATERIALS 433.02 22- Jun -2011 MATERIALS 101.70 22- Jun -2011 REMITTANCE 40,056.11 15- Jun -2011 UTILITIES 51,956.52 22- Jun -2011 UTILITIES 853.85 22- Jun -2011 CONTRACT SERVICES 7,345.00 22- Jun -2011 MATERIALS 17,310.92 22- Jun -2011 MATERIALS 11,185.06 15- Jun -2011 MATERIALS 280.75 22- Jun -2011 MATERIALS 263.53 22- Jun -2011 REFUND 3,437.29 22- Jun -2011 TRAVEL /MILEAGE 45.00 15- Jun -2011 MATERIALS 480.12 22- Jun -2011 MATERIALS 537.58 15- Jun -2011 SERVICES 23.94 15- Jun -2011 MATERIALS 407.70 22- Jun -2011 MATERIALS 131.75 15- Jun -2011 MATERIALS 315.27 15- Jun -2011 SERVICES 170.23 22- Jun -2011 SERVICES 2,208.68 15- Jun -2011 MATERIALS 826.28 22- Jun -2011 MATERIALS 2,074.85 22- Jun -2011 REMITTANCE 10,308.00 16- Jun -2011 KALAR RD RECONSTRUCTION PRO, 4,000.00 15- Jun -2011 MATERIALS 839.03 15- Jun -2011 MATERIALS 2,345.88 22- Jun -2011 SERVICES 230.52 22- Jun -2011 MATERIALS 9,582.40 15- Jun -2011 MATERIALS 10,819.64 22- Jun -2011 SERVICES 366.12 15- Jun -2011 SERVICES 139,78 22- Jun -2011 MEMBERSHIP 301.33 15- Jun -2011 MATERIALS 491.77 15- Jun -2011 SERVICES 1,084.80 15- Jun -2011 SERVICES 791.00 15- Jun -2011 SERVICES 331.70 22- Jun -2011 CONTRACT SERVICES 20,569.15 22- Jun -2011 MATERIALS 2,275.78 15- Jun -2011 MATERIALS 2,570 75 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name H D UTILITIES SUPPLY H D UTILITIES SUPPLY HALCO MOBILE MFG SALES & SERVICE INC HAMILL MACHINE COMPANY INC HERITAGE SAFETY PRODUCTS LTD HICKS,DEREK HICKS,DOUG HISTORIC NIAGARA DEVELOPMENT INC HORTH,RAYMOND JOSEPH ICI CANADA INC ICI CANADA INC INTERFLEET INC IRON MOUNTAIN CANADA CORP JACKET CELLAR THE JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHN STOUTH, KAINE,MARK KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEYMASTER PHYSICAL SECURITY & ACCESS CONTROL KHAPER,KANTA KISSMANN,KEN KITNEY,KAREN KRAUN ELECTRIC SERVICE KRAUSE,VANESSA E KRAWCZYK CONSTRUCTION MAINTENANCE KUNTOS,NEM& 1692690, ONTARIO INC. LAKE'S MAINTENANCE LAKE'S MAINTENANCE LANTANA HOLDINGS INC LEGACY,CANDICE LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUBRIZOL CANADA LIMITED LUEY,CATHERINE LUNDY'S LANE PORTFOLIO INC MANCHESTER SUPPLY MANCHESTER SUPPLY MANOR CLEANERS MAR -CO CLAY PRODUCTS INC MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CANADA LTD MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCBURNEY,W J (JIM) MEDIA SUPPLY OUTLET MHPM PROJECT MANAGERS INC MIELE,PETER& MIELE, FRANK MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MONTEMURRO,CARLO MONTGOMERY BROS & NORTHLAND SUPPLY MORSE & SON LIMITED MR QUICK SOFT CLOTH MSANFINC. MULLER'S WORKWEAR NEON BY -ONYX LTD NEW WAY MARKET (NIAGARA FALLS) LTD NIAGARA AUTO & TRUCK SERVICE CENTRE LTD NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC Cheque No. 346829 347002 346827 347001 347003 347004 347005 347006 347007 346830 347008 347010 346832 346833 346834 346891 347011 346835 347012 346836 347013 347014 346838 347015 346839 346840 346841 346842 347016 347017 346844 346846 346847 347019 347020 347021 347023 346848 347024 347025 346849 346850 347026 346851 347027 346852 347028 347029 347031 347032 346853 347033 346854 346855 347034 347035 347036 347037 347038 347039 347040 346856 347041 346858 347043 347044 346859 347045 347046 347047 347048 346861 346862 347049 Cheque Date 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22 -Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 Purpose MATERIALS MATERIALS LEASES AND RENTS MATERIALS MATERIALS TRAVEUMILEAGE REFUND LEASES AND RENTS REFUND - DAMAGE DEPOSIT MATERIALS MATERIALS SERVICES SERVICES MATERIALS SERVICES REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MAINTENANCE /REPAIRS ADMINISTRATIVE SERVICES CONTRACT SERVICES REFUND ADMINISTRATIVE MATERIALS FUEL FUEL REFUND TRAVEUMILEAGE REFUND MATERIALS MATERIALS SERVICES MATERIALS TRAVEUMILEAGE CONSULTING SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES REFUND PAYROLL REMITTANCE SERVICES SERVICES REFUND MATERIALS REFUND SERVICES REFUND MATERIALS REFUND REFUND MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT UTILITIES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES UTILITIES CONTRACT SERVICES Page 3 of 5 Amount 20.86 19.26 1,525.50 238.72 1,058.90 45.00 150.00 3,502.86 750.00 191.39 479.75 3,032.90 1,729.83 919.82 593.25 139.26 416.26 795.59 9,022.19 3,124.45 562.76 316.80 150.00 10, 500.00 100.00 1,525.50 26, 789.08 708.51 439.57 9,927.12 5,908.00 865.24 3,807.61 15, 546.07 25,971 05 345.37 13, 242.76 423.75 621.50 12.66 6,450.15 103.10 1,806.46 885.70 1,650.00 300.00 750.00 12,829.90 7,759.61 2,396.78 1,132.75 272.92 750.00 328.77 672.14 255.38 750.00 492.50 855.31 844.57 1,943.66 134.29 114.70 4,223.94 7,000.50 7,088.56 12,825.00 90.04 5,000.00 2,720.00 2,720.00 8,201.30 2,113.25 6,199.78 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA PENINSULA ENERGY INC NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA THIS WEEK NIAGARA UNITED ENTERPRISE LTD NIAGARA.COM NIAGARA'S OWN LANDSCAPING INC NIVALE INVESTMENTS LTD NORRIS,STEVE NORSTAN RESORTS INC O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMFPOA NIAGARA CHAPTER ONTARIO MUNICIPAL BOARD ONTARIO MUNICIPAL HUMAN RESOURCES ASSOCIATION ONTARIO PARKS ASSOCIATION ONTARIO POWER GENERATION INC P &C COMPOSTECH INC PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PARIS EQUIPMENT MANUFACTURING LTD PEC ROOF MAINTENANCE PEMBERTON,HOLLY PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA BROILERS LTD CIO LOU FIORENTINO PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PERRELLA,FERNANDO& PERRELLA, LISA PIETRANGELO,NICK PINEWOOD HOMES (TARA) LTD PITNEY BOWES OF CANADA LTD PLATA,BRYON PORTER,GAIL PRAXAIR PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PURE WATER PUROLATOR COURIER R AND R ASSOCIATES INC. RACO AUTO SUPPLY LTD RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REICHENBACH,JOHN EMIL RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIOCAN HOLDINGS INC RIVER REALTY DEVELOPMENT (1976) INC RNE REALTY LIMITED ROBERTO,ANTONIO P IN TRUST ROGERS WIRELESS INC RUDAN EXPORT IMPORT LTD SACCO,SAVERIO& SACCO, PAULINE SAFETY CARE INC. SAINT GOBAIN CERAMIC MATERIALS CANADA INC SAPEZINSKAS,CHRIS SAVOIE,LISA SCERBO,SUSAN SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP SELECT TOTAL SERVICE SENECA COLLEGE SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIX CARD SOLUTIONS USA CORP B9257 SNAP NIAGARA FALLS SOO MOON,JIM& SON MOON, BONG SPELLING HOLDINGS LTD STANLEY INDUSTRIAL PLACE STERNE,THOMAS& CHENG, SUI QIONG STIEFEL,ROLF Cheque No. 347050 347051 346863 346864 347052 347053 346857 346860 347054 347055 347056 347057 347058 346866 346867 347059 346919 347060 347062 347061 346868 347063 347064 346871 347067 347065 346870 346869 347066 346873 346872 347068 347069 347070 346874 347071 346875 347072 347073 346876 346877 347074 346878 347075 WIRE 346921 346879 347076 347077 347078 347079 347080 347081 347082 346880 347083 346881 346882 347084 346884 347085 346885 346886 346887 347086 346889 347087 347088 346890 347090 347091 347092 347093 347094 Cheque Date 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 16- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22 -Jun -2011 15- Jun -2011 22- Jun -2011 16- Jun -2011 16- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 15- Jun -2011 22 -Jun -2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 15-Jun-2011 15- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 15- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 22- Jun -2011 Purpose UTILITIES SERVICES SERVICES ADMINISTRATIVE ADVERTISING REFUND SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE MEMBERSHIP ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS SERVICES REFUND SERVICES SERVICES SERVICES SERVICES MATERIALS REFUND REFUND REFUND MATERIALS REFUND TRAVEUMILEAGE MATERIALS CONTRACT SERVICES SERVICES COURIER CONSULTING SERVICES MATERIALS PAYROLL REMITTANCE DEBT 61 -2005 KALAR RD RECONSTRUCTION PRO, CONSULTING SERVICES REFUND REFUND REFUND REFUND SERVICES REFUND REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE MATERIALS TRAVEL /MILEAGE MAINTENANCE /REPAIRS MATERIALS MATERIALS CONSULTING SERVICES SERVICES SERVICES MATERIALS MATERIALS ADMINISTRATIVE ADVERTISING REFUND REFUND REFUND REFUND REFUND Page 4 of 5 Amount 132,526.62 3,904.44 50.00 25.00 2,220.45 3,688.96 13.56 14,373.77 5,706.35 97.56 16,355.25 8,481.24 762.07 150.00 125.00 113.00 2,101.80 3,141.40 213.57 835.73 18,394.52 419.81 2,400.00 115.18 167.38 3,927.84 113.00 50.00 515.00 141.25 236.54 1,130.05 150.00 4,789.67 450.70 150.00 110.50 303.60 5,250.00 17.25 16.95 38,484.98 589.86 536,385.54 159,779.75 1,136.89 1,413.40 4,578.02 5,766.31 2,072.82 1,800 51 1,555.06 3,448.83 252.27 887.05 3,523.37 100.00 82.69 32.58 964.50 217.04 282.50 3,616.00 101.70 1,997.98 1,751.38 2,637.79 167.75 485.90 2,111.84 9,722.61 5,619.29 2,101.49 590.26 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STORAGE NIAGARA STRANGES,LOU STREAMLINE SULLIVAN MAHONEY SULLIVAN MAHONEY LLP IN TRUST SULLIVAN MAHONEY LLP IN TRUST SUN LIFE MONTREAL SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC T & C HOLDINGS LIMITED TALK WIRELESS INC TAMM COMMUNICATIONS INC TELUS COMMUNICATIONS COMPANY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TERRA NIAGARA INC. TERRA NIAGARA INC. TERRY FITTON TES INFORMATION TECHNOLOGIES THE GREENFIELD GROUP LTD THE LUNDY'S LANE HISTORICAL SOCIETY THE MAGIC OF GREG FREWIN THE PRINTING HOUSE LTD THE REVIEW THOROWEST PLAZA LTD THOROWEST PLAZA LTD TODD,KEN TORBRAM ELECTRIC SUPPLY TOROMONT TOROMONT TOTO,ANGELO TOUCHSTONE SITE CONTRACTORS TOWN OF NIAGARA ON THE LAKE TRADE A DOLLAR INC TRANSAXLE PARTS (HAMILTON) INC. TRANSPORTATION SAFETY TRAINING TRAPASSO,JUDY TREES UNLIMITED FORESTRY CONSULTANT TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UHRIG,WILLIE UNITED WAY UNIVERSITY OF WATERLOO URBAN & ENVIRONMENTAL MANAGEMENT INC VAN NGUYEN,NHAN& VAN NGUYEN, DUC VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION VANDEN BUSSCHE IRRIGATION VECCHIO,VINCENZO & VECCHIO, TERESA WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WARNER RANCH WASHINGTON MILLS ELECTRO MINERALS CORP WASTE MANAGEMENT WEINMANN ELECTRIC LIMITED WESCO DISTRIBUTION CANADA INC WESTBURNE RUDDY ELECTRIC WINDJACK,JIM WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WORK AUTHORITY WORK AUTHORITY WSIB WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YMCA YMCA YOUNG SOD FARMS LTD ZARLENGA,FRANCO& ZARLENGA, JULIA Cheque No. Cheque Date 347095 22- Jun -2011 347097 22- Jun -2011 347096 22- Jun -2011 347098 22- Jun -2011 347099 22- Jun -2011 347100 22- Jun -2011 347102 22- Jun -2011 346892 15- Jun -2011 347101 22- Jun -2011 347104 22- Jun -2011 347103 22- Jun -2011 347105 22- Jun -2011 347106 22- Jun -2011 346893 15- Jun -2011 347107 22- Jun -2011 347108 22- Jun -2011 346894 15- Jun -2011 347109 22- Jun -2011 347110 22- Jun -2011 346837 15- Jun -2011 347111 22- Jun -2011 347112 22- Jun -2011 347022 22- Jun -2011 346918 16- Jun -2011 346896 15- Jun -2011 346897 15- Jun -2011 347113 22- Jun -2011 347114 22- Jun -2011 347115 22- Jun -2011 346898 15- Jun -2011 346899 15- Jun -2011 347116 22- Jun -2011 346900 15- Jun -2011 346901 15- Jun -2011 346902 15- Jun -2011 347117 22- Jun -2011 347118 22- Jun -2011 347119 22- Jun -2011 347120 22- Jun -2011 347121 22- Jun -2011 346903 15- Jun -2011 346904 15- Jun -2011 347122 22- Jun -2011 347123 22- Jun -2011 347124 22- Jun -2011 346905 15- Jun -2011 347127 22- Jun -2011 347125 22- Jun -2011 346906 15- Jun -2011 347126 22- Jun -2011 347128 22- Jun -2011 346907 15- Jun -2011 347130 22- Jun -2011 347129 22- Jun -2011 346908 15- Jun -2011 347131 22- Jun -2011 347132 22- Jun -2011 347133 22- Jun -2011 347134 22- Jun -2011 347135 22- Jun -2011 346909 15- Jun -2011 346910 15- Jun -2011 347136 22- Jun -2011 346831 15- Jun -2011 347009 22- Jun -2011 346911 15- Jun -2011 346912 15- Jun -2011 346913 15- Jun -2011 346914 15- Jun -2011 346915 15- Jun -2011 347137 22- Jun -2011 346916 15- Jun -2011 347138 22- Jun -2011 Purpose SERVICES TRAVEL /MILEAGE MATERIALS CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE REMITTANCE FUEL FUEL MATERIALS FUEL REFUND SERVICES ADVERTISING SERVICES SERVICES SERVICES REFUND REFUND REFUND SERVICES SERVICES MATERIALS ADMINISTRATIVE MATERIALS ADVERTISING REFUND REFUND TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONSULTING SERVICES REFUND MATERIALS ADMINISTRATIVE REFUND CONTRACT SERVICES MATERIALS TRAVEL /MILEAGE REFUND PAYROLL REMITTANCE ADMINISTRATIVE CONSULTING SERVICES REFUND MATERIALS MATERIALS MATERIALS REFUND SERVICES SERVICES MATERIALS ADMINISTRATIVE REFUND SERVICES CONTRACT SERVICES MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE PETTY CASH MAINTENANCE /REPAIRS ADVERTISING SERVICES SERVICES MATERIALS REFUND Page 5 of 5 Amount 96.05 473.50 542.40 32,001.58 3,500.00 1,800,000.00 1,209.60 50, 811.49 16,784.30 712.99 498.42 6,103.70 484.02 1,414.26 125.96 2,359.33 8,204.31 5,520.23 9,936.79 46.35 3,320.36 2,661.15 45.00 1,825.00 739.03 13,099.16 1,566.86 5,476.04 1,066.01 57.90 2,256.08 3,722.77 150.00 2,231.75 73.45 2,204.47 20.61 1,582.00 1,359.79 4,500.00 283.86 131.00 750.00 565.50 450.00 44,699.98 589.12 65.59 283.61 970.84 2,282.50 318.78 257.36 4,571.59 640.00 2,308.14 69.32 1,810.30 20, 023.78 581.95 900.00 986.12 266.68 7,604.35 212.98 17,851.41 539.15 525.45 52.03 3,059.12 2,838.10 705.35 1,483.02 Total 5,857,734.80 NiagaraJalls July 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -32 2010 Development Charges RECOMMENDATION EXECUTIVE SUMMARY F- 2011 -32 That Council receive and file the attached financial summaries regarding Development Charges for the 2010 fiscal year. Finance staff provides Council with annual reports on financial transactions during a fiscal period that complement the annual Financial Statements. This report is a requirement of the Development Charges Act. The report provides a statement outlining the receipts and uses of all development charges collected under the authority of Part II of the Development Charges Act, 1997. During 2010, the City had a net increase of approximately $1.5 million. It is important to note the funds are collected for expenditures identified in the development charge by -law which was approved in 2010. BACKGROUND The City is required by the Development Charges Act to provide Council an annual summary of activity. The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable • These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded • The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. • The total refunded amount is to be credited to the specific service to which the original charges had been applied. History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2006 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 $11,955,424 2008 $2,931,001 (4,496,182) $661,515 $11,051,758 2009 $1,629,288 (4,328,877) $368,114 $ 8,720,284 2010 $4,704,720 (3,362,456) $205,093 $10,267,642 July 18, 2011 - 2 - F- 2011 -32 Accrued Interest • The total interest earned on all reserve fund investments will be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund • The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. • The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services • Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End • The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. Historical Trend of Development Charges The amount in the reserve funds at a point in time is a product of amounts collected, amounts used to fund capital projects and interest earned in the reserves. Ultimately, the purpose of development charges by -law is to collect adequate amounts that can be used to fund growth related projects. The chart below summarizes the historical year end balances. July 18, 2011 FINANCIAL /STAFFING /LEGAL IMPLICATIONS A summary of the financial statement follows: - 3 - F- 2011 -32 As this shows, development charges received in 2010 were higher than the previous year while amounts used for funding in 2010 was less than previous year. Interest income was significantly less than the previous year. It is important to recall that while development charges reserves in aggregate totaled $10,267,642 as at December 31, 2010, individual reserves are held for specific expenditures, such as fire, roads, water, sewers, etc. in the future. The year end balance of $10,267,642 can be broken down as shown in the attached Development Charges Financial Statement. The attached summary illustrates the available amounts for each service area. It should be noted that these reserves are designated to be used in the areas that these pertain to and have been collected based on the current Development Charges Study. Balance as at January 1, 2010 $8,720,284 Received Development Charges 4,722,535 Refunded Development Charges (17,815) Interest Earned 205,093 Transfer to Capital Projects (3,323,956) Transfer to Operating (38,500) Balance as at December 31, 2010 $ 10,267,642 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $3,323,956 Ontario Grant 933,768 Operating /Utility Revenue Fund 2,678,793 Reserve Funds 134,673 Gas Tax Reserve Fund 0 Capital Reserve Accounts 78,605 Debenture 6,562,189 Outside Billings 1,062,414 Interest Revenue 17,353 Special Purpose Reserves 1,327,725 Total Funding $16,119,476 It should be noted that the 2009 Development Charges by -law identifies uses for the monies held in the various reserves. Thus, the future projects are dependent upon the continued collection of development charges to ensure funding for committed projects and to maintain adequate balances. At present, a review is being conducted of the City's development charges collection policies and procedures for Council's consideration. July 18, 2011 LIST OF ATTACHMENTS -4- F- 2011 -32 Development Charges Financial Statement for the period January 1 to December 31, 2010 Recommended by: Respectfully submitted: Todd Ha l Ken To Chief Administrative Officer of Finance O_ O J W U z w LL Ce U W Q O Z CO Z Z a - LL 0 U O O w z w Q w > Z LL U p LL w 2 0 U. a N C C o CO M U m 0) 0 0) C V 0) N U_ T C ) (6 N Q N O) N u) O CO C H 6 Q H O (n w 75 'Q N m o H 12 a a c 0) C U (6 o� a N N N -a E N S O Q o . C6 O a) L = 0 C E 0 nm O O 0) L . U m a) O C N @ C a N N O CO -) 0 z 3 LL w > U.1 c0 as W w 0) W o Q D U E' z o Z W Q 0 C1.1 w 0 r (D CO (O CO V' N O Cr O N- CO M N O O O O O CO CO O x C) C O O O O (0 CO CO V CO CO O O M � u) N u) 0) N W C7 W Z O 0) CO O O rn0(nnc-0 N.- O V' CO N- 0) M O CD N O C) Cr) N V' N C) CO CO (C) N CO N V' CO CO V' N V O O o C) 0 CD 0 0 0 0 0 O t` O O O) N CO O O LO O r O (O (C) O (0 Cr CO CO O V' O Cr) (C) (0 CO r- M O V' N O CO O) O N C) (C) V N (D O) r M W V C) CO CO CO N- N CO v � v M N C) O 00 CO CO N O N CO V N O V O (47 CV CO ` r co r` CO C) V' (O CO 0) V' C) 0) CO V CO CO CD CD C) N. CO (C) O 0) N t` CO N O co CD CD N O M N 00 N C) Lo Lo C) co LO O r N- Cr CO (D Cr C) O 0) V' (1) Q (D N O co co co C) (C) O N 0 O O O O O O O C) O CO O cr r V _ Cr) (n O V O r- CO N CV v N Cr) '- (D O M O V r 1- N CO V M CO CO N N u') N CO CO CD CD CO O co N O CO c (D M r- N (C) O r O 0) V u) NI- CD N CO Cr CO O r N- O Cr u) r- N O C) O O M LC) CD rn CO M M CO CD CD O co CD O 0) CO O CO C) M N (f) (n O NJ (n O (0 N CO O O O ° O O O O W r N C) N CD O O 1- N O CO N N M (D N N O O O O O CO CO (C) O '- C) N O O (7) N O CO 0) CO N- CO CO N N v- O (A N O (D N N- CO O O CO N N N CD r 0) 0) C) o 172 Ts O O H H H u) U m C H U E 0 E 0) a) O o U co CD a) E N E a) W co E U = >, U 0 c U o) h La N co g 5 H o )C a 5 o )= s- U Y`o 0 C 0) O a 2 W 2 l > > .9 w 3 ° W 3 °' W E , co .N w. o Z O Z' > J j "E W.S - o y m W a) E U a).� E Q o 0 a p a co m o E H a $ L �2� a0 .‹ Z V �� n n i >- 00 z H c[ 0 0 U 3 H O O N (D N M N N O CV r CO REPORT TO: His Worship Mayor Jim Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Fire Department SUBJECT: FS- 2011 -05 Memorandum of Understanding for Fire Investigations RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND FS- 2011 -05 Niagara July 18, 2011 That the Fire Chief or his representative be authorized to sign a Memorandum of Understanding (MOU) for fire investigation services in Niagara Falls. Fire investigations are a mandatory function within the Fire Protection and Prevention Act (FPPA) and any subsequent enforcement is made through the FPPA and the Criminal Code of Canada. The main objectives include uncovering unsafe situations that can be eliminated and /or communicated to the public through education so we can learn from our experiences. Successful prosecutions also act as a deterrent to intentional acts by holding accountable those who break the law. Fire Prevention Officers of the Niagara Falls Fire Department are qualified to participate in fire investigations through provincial and nationally accredited certifications. Their involvement begins when certain criteria are met for fires occurring in Niagara Falls. The MOU identifies which agencies are required to be notified and who is responsible for specific aspects of the investigation. There have been many changes to the protocols by which fire investigations are conducted and how local fire departments, the Niagara Regional Police (NRPS), the Office of the Fire Marshal (OFM) and others work together after fires. The MOU refers to specific protocols that enable each agency to understand their own requirements and those of other participating agencies. It represents operational guidelines each agency is required to perform should certain types of fires occur. The goal is to conduct investigations by including those agencies required to be involved from the beginning, thereby ensuring continuity and a legally enforceable investigative process. The MOU is intended to serve as an operational guideline for the fire services, OFM and NRPS relative to multi- agency responsibilities and involvement in fire scene investigations. July 18, 2011 The MOU is specifically intended to promote harmonious working relations and cooperative efforts through a common purpose to serve the interests of the citizens of Niagara. It serves as a clarification of the various roles and responsibilities of the parties under the applicable legislation(s). FINANCIAL /STAFFING /LEGAL IMPLICATIONS There will be no staffing cost increases arising from the requirements outlined in this MOU. CITY'S STRATEGIC COMMITMENT The MOU will assist in creating efficiency of operations and ultimately improve the level of fire safety in our community. Recommended by: Respectfully submitted: LSmith:tc - 2 - FS- 2011 -05 Lee Smith, Fire Chief +Or Ken Todd, Chief Administrative Officer MEMORANDUM OF UNDERSTANDING Bet een THE NIAGARA REGIONAL POLICE SERVICE (l lereinafter referred to as the Police Sery ice ") \ND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL. SERVICES OPERATING THROUGH THE OFFICE OF THE FIRE MARSHAL (Hereinafter referred to as "the Fire Marshal") D THE FIRE SERVICES OF THE REGION OF NIAGARA AS REPRESENTED BY THE FORT ERIE FIRE DEPARTMENT, GRIMSBY FIRE DEPARTMENT, LINCOLN FIRE RESCUE & EMERGENCY" SERVICES, NIAGARA FALLS FIRE DEPARTMENT, NIAGARA -ON- THE -LAKE FIRE & EMERGENCY" SERVICES, PELHAM FIRE SERVICES, PORT COLBORNE FIRE & EMERGENCY SERVICES, ST. CATHARINES FIRE & EMERGENCY MANAGEMENT SERVICES, THOROLD FIRE & EMERGENCY SERVICES, WAINFLEET FIRE AND EMERGENCY SERVICES, AND W ELLAND FIRE & EMERGENCY SERVICES, WEST LINCOLN FIRE DEPARTMENT (Hereinafter reterred to as "the Fire Sery ice ") WHEREAS the Chief of Police of the Niagara Regional Police Service shall develop and maintain procedures for undertaking and managing criminal investigations. pursuant to subsection 12(1) of the Adequacy and E (Teeth eness Police Services Regulations under the Police Services _-Ict: WHEREAS the Chief of Police of the Niagara Regional Police Service shall establish procedures and processes in respect (A yvhen required. expert or specialised assistance from another police force. goy ernment agency or other organization or individual. in relation to a criminal investigation being undertaken by its police force. pursuant to subsection 14(1) (e) of the Adequacy and Effectiveness Police Services Regulations under the Police Service_ Act: WHEREAS the Fire Marshal has the duty to investigate the cause. origin and circumstance of any tire or of any explosion or condition that in the opinion of the Fire !Marshal might have caused a tire. explosion_ loss of lire or damage to property. pursuant to subsection 9(2)(a) of the Eire Protection and Prevention Act. WHEREAS the Fire Marshal may delegate any of its powers or duties to any person or class of persons. pursuant to subsection 10(1) of the Fire Protection and Prevention AND WHEREAS the Fire Services of the Region of Niagara as represented be the Fort Erie Fire Department. Grimsby Fire Department. Lincoln Fire Rescue & Emergency Services. Niagara Falls Fire Department_ Niagara -On- The -Lake Fire & Emergency Services. Pelham Fire Services. Port Colborne Fire & Emergency Services. St. Catharines Fire & Emergency Management Services. - 1horold Fire & Emergency Services. Wainlleet Fire & Emergency Services. and Welland Fire & Emergency Services. West Lincoln Fire Department shall provide tire suppression services and may provide other tire protection services in a municipality. group of municipalities or territory without municipal organization. pursuant to subsection 5( I ) of the Fire Protection and Prevention Act: Posted (Feb 17 -1 1 Ptli'C 1 oI 14 NOW THEREFORE the Niagara Regional Police Service. the Fire Services of the Region of Niagara as represented by the Fort Erie Fire Department. Grimsby Fire Department. Lincoln Fire Rescue & Emergency Sery ices. Niagara Falls Fire Department. Niagara -On- The -Lake Fire & Emergency Sery ices. Pelham Fire Services. Port Colborne Fire & Emergency Sery ices. St. Catharines Fire & Emergence Management Services. 1 horold Fire & Emergency' Services. Al'aintleet Fire & Emergency Sery -ices. and Welland Fire & Emergency Sery ices. \Vest Lincoln Fire Department, and the Office of the Fire Marshal hereby' subscribe to this Memorandum of l'nderstanding ("MM. to provide for consultation and co- operation with respect to lire.' explosion investigations occurring within the Region of Niagara (hereinafter referred to as the municipality "). 1.0 PURPOSE 1.1 The purpose of this M01 is to define the respective roles and responsibilities of the Police Service. the Fire Service. and the Fire Marshal in relation to tire'explosion investigations occurring within the municipality that require the involvement of the Police Service. the Fire Marshal. and the Fire Service. 1 It is not the intent of this MO(; to vary. amend or detract from the roles and responsibilities of the Fire Service with respect to tires. explosions not falling within the scope of this :Agreement. 1.3 For the purposes of this AlOt the term "joint investigation" means an investigation of a tire or explosion incident that requires the involvement of the Police Sery ice. the Fire Marshal and the Fire Service haying jurisdiction. 2.0 PROCEDURE Posted (Feb 7 - 1 Fhe Fire Marshal shall he notified and may he responsible to investigate the following: (a) . II fatal fires or serious injuries requiring a person( sI to he admitted as in- patients) to a hospital incidents: (h) Gaseous Explosions: (c) •A11 tires and or explosions occurring at marijuana grow operations and clandestine drug laboratories: (d) Suspected incendiary tires: (e) Large loss tires ($500.000 and over): (f) Fires of unusual origin or circumstance. unusual tire spread. or involves circumstances that may result in widespread public concern (i.e. environmental hazard): and (g) ,Multi -unit residential occupancies - where tire spread is beyond unit of origin. (2) The Office of the Fire Marshall is not responsible to investigate non -fatal v ehicle or boat tires or obvious single minor arsons. (3) the availability of the Office of the Fire Marshal to respond to reported tires explosions shall he governed by the following guidelines: (4) The Fire Marshal investigates all reported fatal fires_ incidents involving serious injuries requiring a person(s) to be admitted as in- patient(s) to a hospital and gaseous explosions. The remaining categories may or may not Pttee?ot (4 be investigated all of the time depending upon the nature or the incident and or the availability of the Fire Marshal investigators. (5) Requests for investigators Ay ill be dealt kith in order of priority and subject to the availability of resources. (6) Fatal tires incidents involving serious injury requiring a persons) to he admitted as in- patients) to a hospital and explosions should he reported immediately so that an investigator can he assigned to respond as quickly as possible to the scene. All other incidents identified in the established criteria will be handled during regular business hours. (7) Upon receipt of a notification. an evaluation in reference to the established criteria for notification will he made to determine the urgency of response and level of investigation to be conducted by the Fire 'Marshal. - 1 he evaluation gill include a consideration of the potential benefits for improved Fire safety resulting from the investigation. Depending on the circumstances and the time of the notification. the Hire Marshal \ s i1I either assign an investigator for immediate response or deter the response to the next normal work period or may refer the investigation to the Fire Service. (8) Occurrences that require an after hour response g ill he assigned to one of the investigators situated throughout the Pro\ ince vv ho are on call 1 he assignment will he based on the quickest possible response given the distance that must be travelled and the response time expected from the investigator (9) Notification of the Office of the Fire Marshal shall he the responsibility of the Fire Service. (10) Fhe Fire Marshal shall he contacted in the folio veing manner: (a) During v\eekdav office hours (Monday — Friday 8:30 - 17:00) contact the supervisor at the Midhurst Office. telephone number 1- 800 -565- (8-12 (toll free). (h) Atter hours (heR een 17 :00 hours and 08:30 hours) :Monday to Friday. or on weekends and statutory holidays. contact the FA1O Duty Officer at 1- 800 -461 -2281. Fhe availability of the Office of the Fire Marshal to respond to reported tires /explosions shall be governed by the tollokking guidelines: Type of Incident All fatal tires and incidents involving injuries requiring hospitalization Gaseous Explosions All tires and /or explosions occurring at marijuana grow, operations and clandestine drug laboratories Incendiary tires Large Loss tires ($00,000 and over) Fires of unusual Posted ( Feb 17 - 1 1) OEM Response Criteria 24 hours per day 24 hours per day 24 hours per day Monday - Friday during normal working hours (08:30 - 17:00) Monday - Friday during normal working hours (08:30 - 17:00) origin or Monday - Friday during normal circumstance. e.g. Unusual tire/smoke working hours (08.30 - 17_00) Page 3 of 14 spread or circumstance that may result in w idespread public concern Multi -Unit Residential Occupancies Monday - Friday during normal where tire spread is beyond unit 01' origin. vyorking hours (08:30 - 17:00) 3.1 Posted (Feb I7 - I I ) Notification or the Office or the Fire Marshal of tire, explosion incident within the municipality meeting any of the criteria in 2.1 shall be the responsibility of the Fire Service. Chief Fire Officers or designate. 3.0 RESPONSIBILITIES This MOU acknowledges that it is the dun of the Fire Marshal to investigate the cause. origin and circumstances of any fire or of any explosion or condition that in the opinion or the Fire Marshal may have caused a tire. explosion. loss or life or damage to property. Generally. the Office or the Fire Marshal only investigates tires w here [here is a provincial interest. The lire ser\ ices have the authority to investigate all other tire occurrences within their jurisdiction. The Fire Sery ice may investigate fires without notit\ing the Office or the 1 ire \larshal. suspected incendiary tires of `20.000.00 or fess in value. NA. here none of the criteria listed in 2.1 apply. Dependent on the type of tire investigated by the Fire Senice. this may he a joint investigation with the Police Service. Serial tires defined as a series of tires set in a similar manner or in a geographic area w111 he the responsibility of the Fire N,larshal. vyhieh w coordinate the appropriate response with the Police Senice and the Fire Sen ice. 3.2 (a) This AIOt: acknowledges that the Police Service is responsible for all criminal or suspected criminal my estigations. it)) Upon forming the belief that a criminal offence may have heen committed. or that there may hay c been a death. the Fire Service shall suspend any cause determination investigation and contact the Police Set ice to determine it'd joint investigation should he initiated. 3.3 Where officials from the Police Sery ice or the Fire Sery ice and or the Fire Marshal are involved in a joint investigation. the parties will work together and will determine which specific areas of the investigation each party will take. 3. f (a) In the ease or joint investigation. the Fire Marshal will he the lead agency, or the Fire Service in the absence of the Fire :Marshal, will he the lead agency for the purposes of investigating the cause. origin and circumstances of the tirerexplosion incident. It is understood that tire and explosion scenes offer unique and specialized challenges to inyestigaturs and as such. decisions will be made using the expertise of the Fire Marshal or the Fire Service. As such. the Fire Service .'the Fire Marshall will be responsible for collecting. handling. preservation and documentation of all evidence relating to the cause. origin and circumstances ora nun - criminal tire or explosion. (b) Where the Fire Marshal is the lead agency. the Fire Marshal will determine and co- ordinate the role of the Fire Service in the tire investigation. Paec 4ot1 -1 3.5 In the case of a joint investigation. the Police Sery ice will he the lead u. encv for the purposes of the criminal investigation. I Police Service wil be responsible for the collection. handling. preservation and documentation of all evidence relating to the criminal investigation. as directed by the Police Service primary investigator on scene. It is understood that tire and explosion scenes offer unique and specialized challenges to investigators and as such decisions will be made using the expertise orstaffer the lire Marshal or the Fire Service. and or such specialized units within the Police Service as are available. as appropriate. 4.0 CONTROL OF SCENE 4.1 The Fire Sery ice shall maintain control and security of the tire explosion scene following the tire suppression. 4,2 The Police Service shall assume responsibility for control and security of the scene where the initial investigation indicates that reasonable ground, exist that the tire /explosion is a criminal act and ajoint investigation is required. 4.3 When indications are Found during suppression or investigation that the lire is due to a criminal act the Fire Service will endeavour to limit the potential destruction or loss of evidence while still fulfilling their mandate to preserve and protect life. 4.4 the Police Service shall ensure that evidence at a tire and or explosion scene at a marijuana grow operation or clandestine drug laboratory is not removed until such time that the Fire Marshal or the Fire Service has inspected the scene and collected any evidence that may he relevant to judicial proceedings under the jurisdiction or the Fire Marshal. 4.5 These endeavours may include measures such as av oiding the exposure of evidence items and areas or significance to unnecessary tire suppressants. vehicle or toot traffic and haying one crew member designated to identit\ and secure potential ev idence until it can he brought to the attention of the lire Marshal or the Police Service. 4.6 In the case of an investigation conducted under the authority of a Criminal Code search warrant or the Coroners Act the release of the scene will he the responsibility, otthe Police Service. 4.7 In the case ota tire investigation conducted under the authority of the FPPA the release of the scene shall be the responsibility otthe Fire Service or in a joint investigation the lire Marshal as the case may he and: 4.8 Upon termination of the investigation. in accordance w ith the pros isiuns of Article 2.4.7.1 of the Fire Code. the Fire Service shall ensure that a vacant building is secured against unauthorized entry. 5.0 SEARCH WARRANTS 5.1 After the initial investigation indicates there are reasonable grounds that the tire/ explosion is a criminal act, the Police Service will he responsible For obtaining any necessary ( ).irninal Code search warrants. Every effort will be made to expedite the procurement otsuch warrants to minimize any unnecessary delay. Posted (Feb 17 -1 1 ) Page 5ofI4 5.2 Nothing in this Agreement detracts from the Fire Marshal rights or duties to enter. or to obtain warrants for entry. onto land or premises as authorized by common law or by the Fire Protection and Prevention .l rt, SO. 1997. Part 5 6.0 REPORTS - Exchange Disclosure / Limitations 6.1 (a) the parties undertake to maintain_ respect and protect the confidentiality of the information received under this MM Posted (Feb 17-1 11 (h) The sharing exchange of records relative to this .tlemoranclum of ( DOES .NOT APPLY to records that are created or kept pursuant 10 or come lthin the jurisdiction al the Youth Criminal Justice Act. It is recognized that records of toting pars - any, cis clefined hi those Acts man 0111t he cli.vdlused in _- (ccordunce frith the provisions oI those :lets (c) The sharing of inlormation concerning loin! inresti,gettions as described in Paragraph 3.0 ot this tlemorerndtrm ot 1 rtcierstanding shall he limited to the /ollou ing ttpe 0/ records released ht the Police Service Police Incident Report Laboratory reports Witness Reports Exhibit Reports ( Briet .S} nop,is (d) The sharing of information concerning mint rove sttgations cry described in Paragraph 3 U of this .11emarandunt of L ndcrstanding shall he limited 10 the /0110u ing o ne or records released hr the Fire Service cmd or the Fire tlarshal Tire Investigative Report rime ss . Lah■ratorr reports Reparts from LCIlerls Fire Incident Reports ( rani Briefs (c) The parties shall collect. use and disclose intormation under this Al01' only as provided for and permitted under the Vitrnicipa/ 1 reedorn ol Information crud Protection of Privacy .-lct and the E nl Information and Protection n/ Privacy (ct or as otherwise authorized by lass. However. it is specifically recognized that the reports of all parties will be subject to disclosure by the Police Service in the course of the criminal trial process. 1t is further recognized that these records are subject 10 release through judicial order and third party applications. (1) Where a joint investigation is undertaken. the parties agree to exchange copies or their investigation and tollovs -up reports_ subject to such terms and conditions as may he imposed by an party in accordance with the legal obligations upon it andior any third party or organization originally providing the information. The parties are cognizant of the limitations upon information disclosure to which each is subject. and reserve the right to sever information contained in the records maintained by each of them. prior to production thereof. to protect the privacy interests or third Page 6 0l Ll 6.2 Posted (Feb 17 - f I ) parties and confidential informants. and to prevent and interference with. or revelation of. law enforcement techniques. En the case of FIPP:A access requests. the agency it is requested from must inform the other agency whose records Corm part of the requested investigation. (g) All reports shall he maintained by the parties in accordance w ith their retention regulations and schedules. (h) The parties shall develop and implement any policies and practices. which are necessary to ensure that the reruns of this \IOI are respected. (i) Each of the respective parties will he responsible loran} administrative costs incurred as a result of information provision and maintenance in accordance with the provisions of this \IO['. For joint investigations. reports prepared by the Police Service shall he forwarded upon- critten request to the investigator to the attention of: \ll reports will he stamped with the F.O.l. stamp prior to release). Office of the Fire \larshal Fire Investigation Supervisor 228-4 Nursery Road \lidhurst. Ontario LOL I XO OR Fire Chief Specific Fire Services \s per Fire Service _Address Niagara Region 6.3 (a) For joint investigations. reports prepared by the Fire \ larshal shall he tbrwarded to the attention of the Fire Chief. Fort Erie Fire Department. Grimsby Fire Department Lincoln Fire & Rescue Sera ices. Niagara Falls Fire Department. Niagara-On-the-Lake Fire S 1mergencv Services. Pelham Fire Sers ices. Port Colborne Fire & Emergency Services. St. Catharines Fire & Emergency Management Services_ - fhorold Fire & Emergency Services. A\aintleet Fire & Emergency Services. and Welland Fire & Emergency Services. west Lincoln Fire Department AND Chief of Police and the Investigating Officer Niagara Regional Police Service 68 Church Street. St. Catharines. Ontario L2R 3C6 (h) For joint investigations_ reports prepared b\ the Fire Service shall be forwarded to the Fire \ larshal and the Police Service. 6.4 The reports referred to in paragraphs 6.2 and 6.3 may be forwarded by regular letter mail or by courier. Paee7otld 6.5 The parties (Police & Fire Services) undergo to maintain a web based Arson reporting site. and the roles. responsibilities and access to he described in a letter of agreement. understanding between the parties. 7.0 EXHIBITS AND TESTING 7.1 For purpose or continuity and documentation. the primary investigators for each agency shall. in consultation_ determine what processes are to he implemented in the collection and testing of exhibits of mutual interest from an incident scene. 7.2 The Police Service shall he responsible For the care and control of all exhihits deemed necessary for a criminal investigation 7.3 the Fire Marshal shall he responsible for the submission of all lire related exhibits in criminal investi cations and will supply the Police Service with a list of said exhibits to satisfy the return on the w arrant. 7.4 I he Fire \larshal shall he responsible for care and control of any items collected by its investigators. 7.5 I - he Fire Sery ice shall he responsible for the care and control of any items collected by their investigative staff. 7.6 The Fire Marshal shall assist in the testing of items collected by either the Police Service or the Fire Service. vA orkload permitting. Required testing of any exhihit shall he determined by mutual agreement of the involved agencies. 8.0 CONFIDENTIALITY 8.1 During the term of this MM. and after the termination or other dissolution thereof for any reason. the parties shall treat all information that they may have acquired there under as strictly confidential_ and such information shall not be disclosed or produced except as required or permitted by lavy. Each party shall use the same degree of care to avoid the inappropriate disclosure of confidential data and information of the other parties as it uses to protect its own confidential data and information. For greater certainty. but not limiting the generality of the foregoing_ the provisions of section 6 and paragraphs 6.1 (a). (c). (d). (e) and (t1. shall continue subsequent to termination. 8.2 Fite Police Service reserves the right to sever. in its discretion and information prior to its release to the Fire Marshal and,'or Fire Sery ice to protect the privacy interest of third parties and confidential informants. and to prevent any interference with law enforcement or revelation of law enforcement techniques. in accordance with the principles contained in the Municipal Freedom or Information and Protection of Privacy - \et. R.S.O. 1990. as amended, and to protect the integrity_ of ongoing investigations and outstanding charges. 8.3 where information is released in written form to all parties named in this agreement. these parties undertake that such information shall he maintained and stored in a secure location. Posted (Feb ! 7 -1 I ) Paee8ohll 8.4 Where a Freedom of Information request is received by any of the parties to this MOU in relation to a joint investigation. the agency recek inc the request will advise the other agencies involved in the investigation. 9.0 MEDIA CONTACT 9.1 All parties to this MO[.' agree that an written or verbal reports to the media or the public on any aspect of a joint in\ estieation shall he done in consultation with all irnoRed parties and shall include all involved parties. 9.2 For investigations inyok ing Criminal Matters it gill he the responsibility of the Police Sen. ice Media Relations person to coordinate media contacts and releases. 9.3 For investigations in\ olyinv. the Fire Marshal and the Fire Sery ice it will he the responsibility of the investigating Fire Marshal Investigator to coordinate media contacts and releases. 9.4 For tires investigated by the 1 -ire Service it will be the responsibility of the Fire Service investigating officer to coordinate media contacts and press releases. 10.0 EVALUATION 10.1 fhe parties agree to maintain records or services provided and received pursuant to this MOI; and to summarize. on an annua b the results and their concerns or issues. for the purpose of analysing and ev aluating the operation of this \IOU. 11.0 DISPUTE RESOLUTION 1 1 .1 IFa dispute arises between any of the parties regarding the interpretation. application or administration of this .Agreement. the parties agree to meet at the earliest available opportunity to discuss the dispute and use their hest eftorts to come to a resolution. 11.2 In the event that the parties are not able to resolve the dispute by discussions between or among them. they may mutually agree upon a third party to act as a mediator in the dispute. if the matter remains unresolved Following mediation. the parties may exercise any remedy available to them in law or equity. 12.0 GOVERNING LAW 12.1 This MO[; shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. 13.0 SEVERABILITY 13.1 if any of the provisions of this \IOU. or the application of such provision to any person or in any circumstance, shall be determined to he invalid. illegal or unenforceable, the remaining provisions of this MOU. and the application of such provision to any person or in any circumstance other than that to which it is held to he invalid. illegal or unenforceable. shall not he affected thereby. Posted ( Feb t 7 - 1 ) Palle 9 or 14 14.0 ENTIRE AGREEMENT 15.0 TERM 14.1 This MOE is the entire agreement between the Niagara Regional Police Seri ices, the Lire services of the Region of Niagara as represented the Fort Erie Fire Department. Grimsbc Fire Department. Lincoln Fire Rescue & Emergency Services. Niagara Falls Fire Department. Niagara -On -the -Lake Fire & Emergency. Services. Pelham Fire Services. Port Colborne Fire & Emergency Services. St. Catharines Fire & Emergency Management Serv ices. Thorold Fire & Emergency Services. A \ainfleet Fire & 1n crgencr Services. and Wetland Fire & Emergence Sera ices. West Lincoln Fire Department. and the Office or the Fire Marshal with respect to the protocol. roles and responsibilities during a joint investigation and supersedes any prior agreements whether written or oral. 15.1 This M01 shall come into effect on the date on which it is signed by the last signatory. and will remain in effect until terminated by any part} under paragraph 1 6. I 16.0 TERMINATION 16.1 Any party ntay cancel this \101' at any time_ upon thirty (30) days written notification to the other parties. Such notification shall he made to the renrsentati ._ ou tlin e d at paragr 6.2 o r 6.3. 17.0 AMENDMENT 17. 1 This A-101' ma\ he amended only by written agreement signed by authorised representatives of the parties. 18.0 SICCESSORS 18.1 1 his \ -IOC is for the benefit ()Land is binding upon the parties hereto and their successors. 19.0 SIGNED OFFICE OF THE FIRE 'MARSHAL Dated at Doug Crawford. Deput> lire Marshal Date Office oldie Fire Marshal Witness Name or Witness (Please print) Posted I Feb 17 -1 1 ) Page 10 of 14 NIAGARA REGIONAL POLICE SERVICE Dated at Chief \\ Southall Date Niagara Resional Police Seri ice Witness Name of 1 Vitness (Please print) FIRE SERVICES OF THE REGION OF NIAGARA Dated at Fire Chief I . Coplen Date Fort Erie Fire Department Vv itnes Name of 4V fitness (Please print) Dated at Fire Chief 'vI. Gain Date Grimsb} Fire Department Witness Name of w fitness (Please print) Posted) Feb 17 -1 1) Page 1 1 of !a Dated at _ Fire Chief S. Blake Date Lincoln F ire Rescue & Emergenc Sen, ices W ittleSs Dated at ire Chief L Smith Date Niagara I alls Fire Department \A itness Dated at ire Chief K den Niauara-On- The-[ ake F ire & F neri2enc).. Ser \ ices Witness Dated at Fire Chief S. McLeod Date Pelham Fire Ser\ ices Witness Posted (Feb 17 pr \,„„, al \\. ires, Please print) Da te Name at Witness ( Please print Name of Witness (Please print) !'are 1 2 at 14 Dated at Fire Chief F Cartwright Date Port Colborne Fire & F:mergenc■ Services W itness Nance of Witness (Please print) Dated at Fire Chief \l. Mlehlenbacher Date St. Catharines 1 ire & t;merflenev Alana_ement Sen. ices Witness Name of Witness (Please print) Dated at Fire Chief C. H. Hallida■ Date lhorold Fire & 1 meraenev Sery ices Witness Name of W itness ■ Please print) Dated at Fire Chief C. Cole Date Waintleet Fire & Flmergency Services Witness Name of Witness (Please print) Posted (Feb 17 - 1 ) Pane I 3 or 14 Dated at Fire Chief D. Prev Date elland Fire & Lmert!enc' Sere ices \\ fitness Dated at Name or \k itness ( Please print) F ire Chief D. Fisher Dare 1\ est Lincoln Fire Department \1 fitness Name of \A itness ( Please print) Posted (Feb I 7-1 I ) P:ase i4u(I4 ARSON INVESTIGATION RESPONSE PROTOCOL Prepared by: Gordon Horne D /Cst. #4008 2000 -02 -02 Table of Contents: Goal Introduction Arson Definitions Protocol Representatives Signatory Page Conclusion Fire Report Form 5-6 7 8 2 4 Responsibilities /Committees 3 Procedure at Fire Scene 4 Arson Investigation Response Protocol Goal The goal of the Arson Investigation Unit is to substantially reduce the frequency of arson fires throughout the Niagara Region. This will be accomplished through diligent and effective methods of investigation into suspicious fires and the successful prosecution of arsonists. Introduction In the spring of 1995, the Niagara Regional Police Service along with the twelve Municipal Fire Services and the Office of the Fire Marshal became concerned with the noticeable rise in arson fires in the Niagara Region and identified a need for a police investigative unit specifically tasked with the investigation of arson fires. The result came on June 12 of 1995 when Police, the Fire Marshal's Office and the Local Fire Officials announced the formation of the Niagara Regional Police Arson Investigation Unit. It was felt that a networking, team approach, between the partners would maximize productivity and reduce duplication by sharing resources and ensuring an organized and methodical approach to arson investigation. Arrangements for the training of police investigators in the area of fire scene examination and cause and origin determination would be arranged and provided through the Ontario Fire Marshal's Office. Definition Arson:... the act of intentionally or recklessly causing damage to property by fire or explosion. 2 Arson Investigation Response Protocol Responsibilities - Police • to investigate fires throughout the Niagara Region where arson has been determined as the cause, or where the cause of the fire is of a suspicious nature • for fires identified as arsons or suspicious, where a criminal investigation will be initiated, the divisional commander or designee will be responsible for providing fire scene security /continuity pending expert examination • liaise and work in partnership with the Fire Services in the Regional Mi of Niagara, the Ontario Fire Marshal's Office, other police services, and agencies involved in the investigation and prevention of arson • provide functional expertise and support • monitor fire related occurrences and arson reports identifying similarities, patterns and suspects • co- ordinate, as required, any program or project to combat arson • maintain files on arson suspects and monitor any identified high risk individuals • be responsible for the pro - active and reactive enforcement of the law and the initiation of prosecution of offences Responsibilities - Fire Services • assist in the investigation of fire scenes where the cause and origin is believed to be of an incendiary nature • take all steps possible to preserve evidence at suspect fire scenes • liaise with .Arson Investigation Unit investigator relative to ongoing investigations • complete and forward to the Niagara Regional Police Arson Investigation Unit an Arson Unit Fire Report (copy attached) for any arson or suspicious fire where a police officer has not attended or where a police report has not been taken Responsibilities - Ontario Fire Marshal • as set out in The Fire Protection and Prevention Act, 1997 (FPPA) • assist in the training of Arson Unit investigators and the development of their skills in fire cause determination • assist with investigations in conjunction with Police and local Fire Services 3 Arson Investigation Response Protocol Procedure for Mandated Fire Scenes The police service relies on the various municipal fire services in the region to advise them when a suspicious fire occurs in order that the specific cause and origin of the fire can be determined and in order to lawfully obtain evidence to prove the incendiary fire in a criminal court of law. If a fire fits the above mentioned criteria, the fire service officer at the scene must ensure that the scene, and the possible evidence it may contain, is not compromised any more than is necessary, taking all things into consideration. It is important to realize that once a fire is labeled as suspicious or arson, the fire scene becomes a crime scene pending further investigation by the police and/or the Ontario Fire Marshal's Office. Under most circumstances, either a Criminal Code Search Warrant or a signed, cautioned, detailed consent form, should be obtained before any scene examination can be carried out by police. A very important part of the police investigation is the availability of information from involved firefighters; first on scene, first in, suppression teams, and firefighters involved in overhaul. The specific observations of these firefighters can be crucial to the obtaining of a search warrant as well as to the subsequent cause and origin investigation. Pertinent, detailed, statements in this regard, are necessary and required, If it is felt that an arson investigator is required at a scene, simply notify the police officer on scene of your suspicions and ask that an arson investigator be contacted. A phone (cell) number for the investigator to call you back at would be very helpful. If no investigator is on duty the call out procedure in General Order 023 will be followed. If there is no officer on scene, Fire Officials may contact the police communications centre directly and have the call out procedure implemented. Once authorized, the investigator will call or attend the scene as soon as is possible for details and to assess the situation. As mandated by the Fire Protection & Prevention Act, a call will be placed by the attending Fire Service, to the offices of the Ontario Fire Marshal, to ascertain if one of their investigators will be attending the scene. As mentioned earlier, the preservation of the scene, as much as possible, is key to a proper scene examination and all efforts should be taken to follow your fire department's standard operating guideline pertaining to arson scenes. If fire officials have any questions or concerns about a fire investigation they are invited to contact the Arson Investigation Unit, at 688 -4111 - extension 4476. 4 Arson Investigation Response Protocol Protocol Representatives - Signatory Page The undersigned signify the intention of all parties to use this protocol for a coordinated effort to combat arson in the Niagara Region. Niagara Regional Police Service Fort Erie Fire Department Grimsby Fire Department Lincoln Fire Department Niagara Falls Fire Department Niagara -on- the -Lake Fire Department Pelham Fire Department Port Colborne Fire Department 5 J. Grant Waddell - Chief of Police J. W. Douglas - Fire Chief C. H. Halliday - Fire Chief Arson Investigation Response Protocol G. B. Sunstrum - Fire Chief Peter Col - Fire Chief R. Bruce Little - Fire Chief Scott McLeod - Fire Chief George Sesto - Fire Chief Protocol Representatives - Signatory Page (continued) St. Catharines Fire Service Thorold Fire Department Wainfleet Fire Department Welland Fire Department West Lincoln Fire Department Office of the Ontario Fire Marshall 6 Robert C. Rupert - Fire Chief John MacLeod - Fire Chief John F. Suess - Fire Chief Paul Olah - Fire Chief Charles Street - Fire Chief Arson Investigation Response Protocol Bruce Montone - OFM Manager Conclusion With the completion of this document the partners in this protocol agree that their organizations have an on -going commitment to communicate regularly with one another in an effort to prevent and reduce arson in Niagara. With this partnership a more effective investigation process will take place and identified arsonists will be dealt with more effectively and to the full extent of the law. It remains the responsibility of the individual services to monitor and evaluate their performance in regards to the commitments agreed to as part of this document. The original copy of this document will be kept with the Superintendent in charge of the Niagara Regional Police Service Arson Investigation Unit, 7 Arson Investigation Response Protocol r1/4 NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the tendered price of $1,720,362.45. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -35 Warren Creek Channel Construction Contract 2011 - 246 -11 Tender Award MW- 2011 -35 July 18, 2011 The construction of the Warren Creek Channel south of McLeod Road to Kalar Road will serve as the outlet for the entire Garner Neighbourhood Community. These works were identified in the Warren Creek Watershed Master Plan as well as the Warren Creek Environmental Assessment as the downstream stormwater outlet for this area. The Warren Creek Channel is the stormwater outlet for the Garner Neighbourhood as identified in various studies. The development of this neighbourhood is nearing completion with the current storm detention facility nearing capacity as it retains post - development flows to pre - development levels. The construction of this channel and box culverts provides for post - development flows up to the 1:100 year event storm to be conveyed through the channel. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, and the Manager of Supply and Services, Mr. Ray Miller, opened tenders on Tuesday, July 12, 2011 at 1:30 p.m. for the above noted contract. Tender documents were picked up by 14 Contractors and (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). MW- 2011 -35 -2- Firm City 1. Alfidome Construction Ltd. 2. V. Gibbons Contracting Ltd. 3. Centennial Infrastructure Inc. 4. Rankin Construction 5. Iron Trio 6. CRL Campbell Construction 7. Provincial Construction ANALYSIS /RATIONALE The lowest tender was received from Alfidome Construction Ltd. in the amount of $1,720,362.45 which includes a contingency amount of $90,000. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $1,707,800.00. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within one hundred working days of construction start. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Niagara Falls, ON Stevensville, ON NOTL, ON St. Catharines, ON Concord, ON Wainfleet, ON Niagara Falls, ON The Warren Creek Channel Construction was included in the 2011 Capital Budget with a budget expenditure of $2,640,500. The recommended tender price is approximately $13,000 over estimated cost. This amount can be accommodated within the established contingency of the project. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's strategic priorities: establish infrastructure priorities strengthen and promote economic development within the city LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Geoff Holrian, Director of Municipal Works Ken l;odd Chief Administrative Officer July 18, 2011 Tender Price $1,720,362.45 $1,833,605.80 $1,960,072.70 $2,164,079.00 $2,439,281.52 $2,646,626.80 $3,114,943.75 01/7#7711.07,-;" Niagara/WI% Warren Creek Channelization Project 3„. Road Allowance Ortho Image ca. 2010 Location Map lerWrri July 2011 K: \GIS_Requests \ 2011 \Custom \Internal\ MunWorks\WarrenCrChannel.map Niagararalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -48 Telecommunication Facility Consultation 4536 Portage Road Altus Group on Behalf of Bell Mobility RECOMMENDATION It is recommended that Industry Canada be provided with the comments received from the owners of 5800 Thorold Stone Road, Niagara Falls and St. Antoine School regarding the construction of a telecommunication tower and compound on the lands at 4536 Portage Road, as the comments of the City of Niagara Falls. EXECUTIVE SUMMARY PD- 2011 -48 July 18, 2011 Proposal At the direction of Council, Staff met with the interested parties to discuss a suitable location for the proposed 40 metre (131 ft.) steel monopole tower on 4536 Portage Road. As a result of the information gathered at, and subsequent to the meeting, the tower proposal can be supported based on the following: the proposed location is within an industrial area well set back from existing non- industrial uses; the proposed tower is located at least 40 metres from the property line of 5800 Thorold Stone Road (formerly Lubrizol); relocation of the tower to the south, closer to the school, is not supported by representatives from St. Antoine School; and the proposed location has received approvals from NavCanada and Transport Canada therefore, interference with the ORNGE helicopters have not been identified by the approval agency. BACKGROUND The proposal described on the attached report PD- 2011 -32 (Appendix 4) was considered by Council at its meeting of May 16, 2011. Briefly, it involves a 40 metre (131 ft.) monopole type telecommunication facility in an industrial area on Portage Road. At the meeting the property owner at 5800 Thorold Stone Road (formerly Lubrizol) expressed concern regarding the impact of the tower on the proposed future use of his lands and a question was raised regarding the ORNGE helicopter flight path through this area. Council directed staff to facilitate a meeting between the applicant, property owner and interested parties to facilitate a suitable location of the proposed tower and report back to Council. July 18, 2011 - 2 - PD- 2011 -48 ANALYSIS Through a discussion with Mr. Lovelace (Altus Group), Mr. Hrycyshyn (5800 Thorold Stone Road), Judith McCarthy (interested resident) and staff, it was concluded that a survey plan was to be prepared by the applicant showing the setbacks from neighbouring uses and possible increased setback from the former Lubrizol property by a distance of 120 metres from their southerly property line. A survey plan illustrating the setbacks from neighbouring land uses was submitted by the applicants (Appendix 2). Appendix 3 shows that the proposed tower location is more than 40 metres away from the southerly lot line for the former Lubrizol lands and also shows the 120 metre distance radius. This is more than the height of the tower itself. At this location the tower is 249 metres away from the school property. A 120 metre setback from the former Lubrizol property line, as proposed by Mr. Hrycyshyn, would mean that the tower would be 80 metres closer to St. Antoine School. Representatives of St. Antoine School have stated that they would not support the tower moving any closer to their property because of the children. At the May 16, 2011 meeting, Mr. Hyrcyshyn noted that the telecommunication facility may interfere with the future `green' use of his lands (bio- diesel). Unfortunately, staff has not received any information from Mr. Hrycyshyn supporting his position nor has staff found any articles or publications which would substantiate this claim. All applicants are required, as part of their application to Industry Canada, to obtain approvals from Transport Canada and NavCanada. Clearances from both of these agencies have been obtained by the proponent indicating that the tower location height and location would not interfere with established flight paths (including ORNGE Helicopters). The proposed location of the telecommunication tower is consistent with the siting protocols adopted by the City: in an industrial area, set away from residential and public uses like parks, open spaces and schools. The tower site would be at least partially screened from view from Portage and Thorold Stone Roads. LIST OF ATTACHMENTS ► Appendix 1 - Location Map ► Appendix 2 - Survey Plan ► Appendix 3 - Location Map with Setbacks ► Appendix 4 - PD- 2011 -32 Recommended by: Respectfully submitted: F.Berardi:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Kin Todd, Chief Administrative Officer S: \PDR \2011 \PD - 2011 -48, Telecommunication Facility Consultation,4536 Portage Rd, Bell Mobility.wpd July 18, 2011 - 3 - APPENDIX 1 PD- 2011 -48 3 MUM 2 , 11 1PM Will In SS kiss Itm meg ow . UM MU 1 l Nair torp 1> rail line Heliport] Proposed Tower location Fairview Cemetery MORRISONMST si H MIECel Wrilla...7.4 MID tousumiem �IT Wan r_ Immo Low a mRD (.4 V Ite THOR STONE SIMI NFULTIFiiin T ' 0 7. gralli VIVO 41101 l ox , m orel 11' 01 11 ty 11 '1n ORNIti low Mita gr .o j ii. a Sidin 15 — 1 _J Lubrizol Heliport Location in Relation to Telecommunications Tower July 18, 2011 - 4 - APPENDIX 2 PD- 2011 -48 July 18, 2011 - 5 - APPENDIX 3 PD-2011-48 Z. Q /( 1 ' � � / ° � / E w W = / 7 mzo= \ \ EL \ 2 5 5 / / \ / Qzo Z \ \ ,�� 2 '-0 �\� /G \ // I o o � \ / \ Vs' CD / / ,p9 L y \ \ D // 2 o Ea_rn / \ \ � 6 �� o CV / \ \ / / Q \\ / \ / \ / \ \� /// h/ I \ �// 1 /// \ o \1 Ni X1 6k323 11 /// ///\ a Or / / g5 / / 1 O \�. 0 1 / / 6 � 4), /\ ` \ \\ 7 / 7 \- / \X69 \l \ 0 / / 7 6 °�2 � � N I 7 e N\ l / / / } V c o0 / a° \� l -I l w / z 1 \ U Ili O / / W / / //\ Q // / 1� 0 O / // li �/ // / F- O Niagaraaaps REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -32 Telecommunication Facility Consultation 4536 Portage Road Altus Group on Behalf of Bell Mobility RECOMMENDATION EXECUTIVE SUMMARY APPENDIX 4 PD- 2011 -32 May 16, 2011 The recommendation(s) contained in this report were adopted as amended by City Council Itis recommended th Industry Canada be a sed that the City of Niagara Falls has no obje on to the construc of a 40 metre monopo telecommunication tower and ground compou on the lands at 6 Portage Road as su itted (Project No. BW34BB). That staff facilitate a meeting between the applicant, property owner and interested parties to facilitate a suitable location of the proposed tower and report back to Council. The proposal to erect a 40m (131') steel monopole tower on 4536 Portage Road can be supported based on the following: • the proposed location is within an industrial area well set back from existing non- industrial uses. BACKGROUND Proposal Altus Group is working on behalf of Bell Mobility to site a telecommunication facility to address coverage deficiencies along Drummond Road and Perkins Street area. A site to the rear of 4536 Portage Road has been identified as a proposed location for the 40m (131') monopole communications tower with a ground compound area of 36m Bell Mobility proposes to install 6 SC -E 6016 and 6 HBX- 6516DX -VTM antennas providing wireless voice and data services for Bell subscribers. The tower would be available for co- location sharing for the industry. May 16, 2011 i''• -t - .. _Siamfo.d r i_entrP ' _ n v Ir.,. : :, z.- ...10 V i t• Location Map - 2 - PD- 2011 -32 Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns /issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. Analysis The telecommunication tower is proposed on lands that are both designated and zoned for industrial uses. The site is a vacant portion of 4536 Portage Road set well back from public roads between a rail line and the Hydro Canal (see Location Map). Adjacent land uses include a mix of industrial, commercial and institutional uses - St. Antoine Church and Elementary school to the south. May 16, 2011 A notification package for the proposed tower was mailed out to property owners with 120m of the site as per Industry Canada's Consultation requirements (3 times the height of the tower) which includes the school property. In addition a notice was placed in the Niagara Falls Review on February 10', 2011 regarding an Open House held on March 16 2011. Of the two attendees at the open house one objection to the tower was submitted. The written submissions of both attendees are attached for information. The objection to the placement of the tower was received from 2249510 Ontario Inc., property owners of 5800 Niagara Stone Road (Lubrizol Canada) who are requesting that the tower be placed 120m from their property line. In response, the tower proponents object to relocating citing that there is insufficient justification for the move. The tower appears to be located approximately 35m (115') south of the property limits of 5800 Niagara Stone Road. Relocating the tower further south will bring it closer to St. Antoine School. Consequently, it is the preference of Planning Staff that the tower remain in its proposed location, closer to industrial uses. The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. LIST OF ATTACHMENTS ► Appendix 1 - Original flag pole design site plan drawing ► Appendix 2 - Correspondence package from Altus Group Recommended by: Respectfully submitted: F.Berardi:mb Attach. - 3 - PD- 2011 -32 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR12011 \PD- 2011 -32, Telecommunication Facility Consultation, 4536 Portage Rd, Bell Mobility.wpd 0 z w 0_ 5 Str tart `iinai t. March 18, 2011 Francesca Berardi City of Niagara Falls 4310 Queen St Niagara Falls, Ontario L2E 6X5 Dear Ms. Berardi APPENDIX 2 Altus Re: Public Consultation Summary / Request for a Statement of Concurrence - Proposed "Telecommunications Tower — 4536 Portage Rd I am writing to follow -up on the public consultation that has taken place for our proposed telecommunications site referenced above. Bell Mobility is regulated and licensed by Industry Canada to provide inter - provincial wireless and data services. As a federal undertaking, Bell is required by Industry Canada to consult with land -use authorities in siting tower locations. The consultation process established under Industry Canada's authority is intended to allow the local land -use authorities the opportunity to address land -use concerns while respecting the federal government's exclusive jurisdiction in the siting and operation of wireless and data systems. The provisions of the Ontario Planning Act and other municipal by -laws and regulations do not apply to federal undertakings. Bell is however required to follow established and documented wireless protocols or processes set forth by land -use authorities. In instances where those established and documented processes do not exist, Bell must follow Industry Canada's Default Consultation Process, CPC- 2 -0 -03 (Issue 4) which was previously supplied to the Township. In accordance with the City of Niagara's wireless protocol a circulation was undertaken with owners within three times the height or the tower ((40m x 3) = 120 metres) from the site as illustrated in the site information package supplied on March 4t 2011. In addition a noticed was placed in the Niagara Falls Review on February 10' 2011 inviting comments and a Open House was held March 16 2011. Throughout the consultation process a response was received two people, Ms. Judith MacCarthy and Roman Hrycyshyn of 2249510 Ontario Inc. Judith had expressed that she is collecting information in preparation of a future public consultation with another carrier and inquired if the St. Antoine Elementary school had been notified. (Notification package was sent to the school). Mr.Hryc■sllyn's expressed interest on locating the tower on his property then later objected after learning the location of the tower. Mr. Hrycyshyn's concern was that the tower would negatively impact his property. A copy of the correspondence between Judith and Bell c!o Altus Group and a letter of objection from Mr.Hrycyshyn is attached. Conclusion and Request for Concurrence Bell feels that the proposed site is well located to provide and improved wireless and data services in the targeted area. The proposed site is also situated and designed so as to have minimal impact on surrounding land uses. In order to conclude this landuse consultation and meet Industry Canada's requirements, Bell Mobility is requesting that the City of Niagara Falls issue a statement of concurrence. If you require further information about this matter, please feel free to contact me at anytime. K -,e,i-. Va'�a';;r AdaiSCry Cc .,1 Cwnsuit :ng Realty fax Co1sultng Geognatic5 211 Ki�'g Street NJc�t Su.tc 400, rwonto, ON ■511 1K5 Candela T 416 204 1100 F 416.204 1200 Yours truly, ALTUS GROUP INFRASTRUCTURE A Division of Altus Group Limited Per: Duane Lovelace, CLO Associate, Municipal Consultation Site Acquisition 5800 Thorold Stone Road T: 905.358.5133 Niagara Falls, ON, Canada, L23 1A2 F: 905.358.7248 March 7, 2011 Mr. Duane Lovelace Altus Group 212 King Street west, Suite 400 Toronto, Ontario M5H I K5 Dear Mr. Lovelace: RE: Wireless Telecommunications Tower Site — Bell Mobility 4536 Portage Road - BW3488 We are in receipt of your Public Consultation package regarding the proposed tower referenced above. Further, as stated in your package and in accordance with Industry Canada's Guidelines CPC- 2 -0 -03, all public comments are to be submitted to your office by March 14th, 2011. We hereby formally object to the placement of the 40 meter tall tower. The immediate proximity to our property creates a significant, negative impact to our property. Yours truly, 2249510 ONTARIO INC. v `N Per: Mark Michalkoff, President (4/27/2011) Francesca Berardi - Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Page 1 From: Gerry and Judy MacCarthy <gerryandjudy©sympatico.ca> To: Comments AGI <comments.agi @altusgroup.com> Date: 3/4/2011 2:05 PM Subject: Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Thank you, Duane: I will attend the open house on March 16th. Sincerely, Judith MacCarthy. On 3/4/2011 10:46 AM, Comments AGI wrote: > Hi Judith, > Thanks you for your comments and your expressed interest in the Bell Mobility Tower. I've provided answers to your questions below: > 1. There is an open house scheduled on March 16th, 2011 from 7pm -9pm located at 7150 Montrose, Coronation Centre room. > 2. The property is zoned as industrial > 3. Bell Mobility is always open to co- location. The proposed tower can accommodate an additional carrier or more. > 4. A notification package was sent to the Elementary school in February 2011. > Please let me know if you have anymore questions or if you wish for me to call you and we can discuss this further. > Regards, > Duane Lovelace, CLO > Associate, Municipal Consultation Site Acquisition, Cost Consulting& Project Management, Infrastructure, Altus Group > 212 King Street West, Suite 400, Toronto, ON M5H 1K5 Canada > T: 416.204.5141 ext F: 416.204.1200 > This message, and the documents attached hereto, are intended only for the addressee and may contain privileged or confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. > Original Message > From: Gerry and Judy MacCarthy [mailto :gerryandjudy @sympatico.caj > Sent: Sunday, February 27, 2011 5:10 PM > To: Comments AGI; Francesca Berardi; Gerry and Judy MacCarthy > Subject: regarding the proposed Bell telecom tower - Niagara Falls, ON > Attention: Duane Lovelace. > I have read of the proposal for a Bell Mobility 40 m. > telecommunications monopole tower > to be situated at 4536 Portage Road, Niagara Falls, Ontario. > My questions /concerns are the following: > [1] When will a public meeting be scheduled? > [2] What is the zoning of the property at 4536 Portage Road? > [3] As the tower will be 40 m. in height, can it not be a co- location (4/27/2011) Francesca Berardi - Re: regarding the proposed Bell telecom tower - Niagara Falls, ON(BW3488) Page 2 > site? This would be a much more > efficient use. > [4] If St.Antoine's Church and Elementary School are outside the > notification area [3xs the tower height] > are you willing to notify these properties? • St.Antoine's Roman Catholic Church, 4570 Portage Road, > [1- 905 - 358 -5549] • E'cole Saint Antoine, 4572 Portage Road, [1- 905 - 356 -2522] > This correspondence is also going to Francesca Berardi, City of Niagara > Falls Planning Department. > Thank you for addressing my questions and concerns. > Sincerely, Judith MacCarthy, 6139 Summer Street, Niagara Falls, On L2G 7L3 > [1- 905 - 356 -7390] (4/21/2011) Francesca Berardi - RE: BW3488 - letter of objection Page 1 From: Duane Lovelace <duaneiovetace @altusgroup.com> To: Roman Hrycyshyn <roman.hrycyshyn@gmail.com> Date: 4/4/2011 3:49 PM Subject: RE: BW3488 - letter of objection CC: Hi Roman, Regards, Francesca Berardi <fberardi @niagarafalls.ca> Thank you for your response. Bell Mobility has considered your request however due to the arrangement with the current landowner we are unable to fulfill your request. As your concern is a valid one, we have not found any evidence that will support the claim of reduced property values. Your letter wasn't detailed as to what you meant by "negative impact ", so I'm left to assume you are talking about property values. Please correct me if I'm wrong. Currently the proposed tower is in an industrial location away from housing and residents, an ideal location for a tower Ptease let me know if you have any other questions. Duane Lovelace, CLO Associate, Municipal Consultation Site Acquisition, Cost Consulting & Project Management, Infrastructure, Altus Group 212 King Street West, Suite 400, Toronto, ON M5H 1K5 Canada T 416.204.1100 ext 2107 F_ 416.204.1200 M: 416.723.5937 This message, and the documents attached hereto, are intended only for the addressee and may contain privileged or confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error, please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. From: Roman Hrycyshyn [ mailto :roman.hrycyshyn @gmail.comj Sent: Thursday, March 10, 2011 6:07 PM To: Comments AGI Subject: BW3488 - letter of objection Importance: High Dear Duane: I faxed Altus Group our objection to BW3488 on March 9, 2011. It was faxed to 416 204 -1200 I wanted to ensure you were privy to this and you also obtained a copy. In this regard, please find attached a copy of the same letter of objection. Yours truly, Per: Roman Hrycyshyn 2249510 Ontario Inc. (4/6/2011) Francesca Berardi - RE: BW3A CC: "'Francesca Berardi'" <fberardi @niagarafalls.ca> Good afternoon Duane, Firstly, for the record again, we do not want the tower on our property. Thirdly, without sufficient setback the large structure will negatively impact our use, enjoyment and value of our property. Lastly, if required, we will vigorously defend our rights and our position. Yours truly, 2249510 Ontario Inc. Per: Roman Hrycyshyn - letter of objection Page 1 From: "Roman Hrycyshyn" <roman.hrycyshyn@gmail.com> To: 'Duane Lovelace'" <duane.lovelace @altusgroup -com> Date: 4/5/2011 9:54 PM Subject: RE: BW3488 - letter of objection Very good to hear from you. Your e -mail to us, I believe, is a result of my conversation with the City Planning office not having received a written response from Altus Group to date. I hope this did not cause you any embarrassment. Secondly, the proposed tower location is on a vacant parcel of land that is approximately 20 -30 acres in size. This is ample space yet the tower is situated in immediate proximity to our property. We submit that the tower be positioned a minimum of three to five times its height, which is at least 120 metres to 200 meters away from our property tine. REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2011 -11 Artificial Turf Field Allocation Policy RECOMMENDATION EXECUTIVE SUMMARY R &C- 2011 -11 Niagara July 18, 2011 That Council approve the attached Artificial Turf Field Allocation Policy effective September 1, 2011. The artificial turf field located at the Kalar Road Sports Park, home of Niagara United Soccer Club opened September 2008, was funded by a 50/50 in partnership with the Niagara United Soccer Club. Over the last three years, there has been considerable effort made to ensure fair and equitable turf field allocation for all users while respecting the Niagara United Soccer Club turf field agreement. The City has only one artificial turf field and needs to ensure the maximum utilization and revenue collection at the field. The new Artificial Turf Field Allocation Policy will serve as a guide for the City of Niagara Falls artificial turf field allocation process effective September 2011. The allocation procedures identified in this document establish and clarify the City's responsibility for artificial turf field allocation and administration and the City's commitment to the following: Managing fiscally responsible playing field and park operations; Facilitating new revenue opportunities by working closely with the hospitality sector; Promoting Fairness, Equity and Accessibility; Processing tournament, special event and seasonal field permits; Providing excellence in customer service; Promoting healthy living and access to City facilities. BACKGROUND The artificial turf field was built to provide an off season practice and game venue to solve the problem of damage to sport fields from overplay /scheduling and to reduce the number of cancelled games due to wet field conditions. The outdoor artificial turf field is popular with local sport organizations as a means to address the issue of cancelled games due to wet conditions and to provide a high -end practice /game facility. The field experiences the Niagara United Soccer Club partnered with the City to fund the field and therefore are ranked as the priority user group for the turf field. The Club has established a turf field utilization matrix that clearly states its exclusive days and times. The matrix is listed in the allocation policy along with the user group priority allocation. The second priority is local youth sports organizations followed by local adult non - profit sports organizations and fourth, local commercial organizations followed by out of town residents and commercial organizations. ANALYSIS /RATIONALE The proposed artificial turf allocation policy follows the same basic allocation principles as established in the Ice Allocation Policy (2010). The policy defines insurance requirements, the allocation and distribution guidelines for the field, hours of operation, seasonal time lines, Niagara United Soccer Club matrix, special events and the cancellation policy. The draft policy was sent to the Niagara United Soccer Club executive for their review and comments. Upon receiving their feedback, the draft policy was emailed to all past permit holders requesting their comments by email or phone. A user group information meeting took place on Tuesday, June 14, 2011, to further review and discuss the draft policy. Comments from users were as follows: • • July 18, 2011 - 2 - R&C- 2011 -11 highest utilization rates in the spring season, followed by the fall with limited demand by other groups than Niagara United Soccer during the summer season when all of the natural playing fields are in operation. Agreed with the allocation user priority, listing local youth, local adult groups followed by local commercial. Clearly list all available days and times available for users to permit the turf field. Refer to Cancellation Policy, require ten (10) days notice is required to cancel the permit or the organization is charged a $20.00 cancellation fee. The revised draft policy was emailed a second time to users with no additional comments received. A letter of support is attached from Niagara Falls Soccer Club. FINANCIAL /STAFFING /LEGAL IMPLICATIONS When allocating time at the artificial turf field, Niagara United Soccer Club is the first priority as established in their agreement followed by the needs of local organizations with youth organizations listed as the second priority group. The time must be distributed in a fair and equitable manner to maximize utilization and revenue opportunities. CITY'S STRATEGIC COMMITMENT The Strategic Priority of Healthy and Safe Community promotes awareness and opportunities for active living, directing staff to continue to implement the action plan and recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts & Culture. The Strategic Plan, Action plan #5 states, Develop Policies to Support Service Delivery, City requires detailed policies in the General Facility Allocation area including parks and athletic fields. July 18, 2011 LIST OF ATTACHMENTS 1. Draft Artificial Turf Field Policy 2. Letter of support from Niagara Falls Soccer Club Recommended by: Approved by: KM - 3 - R&C- 2011 -11 Kathy Moldenhauer Acting girector of Recreation & Culture Ken odd Chief Administrative Officer Attachment #1 Section 1000.61 Page 1 of 5 DEPARTMENT: RECREATION & CULTURE DATE EFFECTED: September 1, 2011 POLICY: Artificial Turf Field Allocation R &C- 2011 -11 Purpose This policy and guidelines contained within will serve as a guide for the City of Niagara Falls artificial turf field allocation process. The policies identified in this document establish and clarify the City's responsibility for artificial turf field allocation and administration, and the City's commitment to the following: • Managing fiscally responsible playing field and park operations • Facilitating new revenue opportunities, by working closely with the hospitality sector • Promoting Fairness, Equity and Accessibility • Processing tournament, special event and seasonal field permits • Providing excellence in customer service • Promoting healthy living and access to City facilities 1. Artificial Turf Field Allocation Responsibility The City of Niagara Falls, Recreation & Culture has the responsibility to manage the allocation and distribution of playing fields on an annual basis to reflect registration, utilization and participation patterns, in addition to applying municipal, provincial and federal directives where required. The City of Niagara Falls recognizes the annual tax -based contribution provided by its residents toward the development, capital maintenance costs and operation of park facilities. The goal is to increase user fee revenues without unduly compromising needs or access by the community organizations and clients. This approach will be coupled with increasing utilization and reducing revenue loss occurring through cancellations. 2. Rates and Fees The City of Niagara Falls has a responsibility to provide accessible recreation to the community and at the same time operating the facilities in a way that is fiscally responsible. Playing field rates and fees are reviewed annually and recommended to City Council for approval. 3. General Administration 3.1. Forms All applicants and users must submit all requests for permit applications, processing, amendments and cancellations on City — approved forms. 3.2. Insurance Requirements For All Users Each organization shall, at all times during which it is allocated field time in City of Niagara Falls Recreational Facilities, arrange, pay for and keep in force and in effect Comprehensive General Liability Insurance on an "occurrence" basis including personal injury, bodily injury and property damage protecting the Corporation of the City of Niagara Falls, its elected Members of Council, its employees, agents and contractors (hereinafter "Released Persons ") and the organization against all Page 2 of 5 claims for damage or injury including death to any person or persons, and for damage to any property of the Released Persons or any public or private property, howsoever caused including damage or loss by theft, breaking or malicious damage, or any other loss for which the Released Persons or the organization may become liable resulting from the organization's use of turf field time in City of Niagara Falls. Such policy shall be written with inclusive limits of not less than Two Million Dollars (S2,000,000), shall contain a cross liability clause, a severability of interest clause, shall be primary without calling into contribution any other insurance available to the Released Persons as additional insured parties. The Corporation of the City of Niagara Falls must Be Named as Additional Insured. The organization shall provide certificates of insurance evidencing the coverage as required above to the Recreation & Culture. Upon confirmation by the Recreation & Culture, which certificates shall include the obligation on the part of the issuer of the certificates to endeavour to provide thirty (30) days written notification of cancellation to the certificate holders. Upon expiry, documents of renewed coverage are again to be provided and the organization will make policies available to the City for review and in the event of a claim. 3.3 R -Zone policy The R -zone policy, R- 2008 -21 approved by City Council May 2008, promotes a positive, safe, enjoyable and supportive environment for all users and staff in City recreational programs and facilities. The R stands for Respect and Responsibility, respect for yourself and others and responsibility for your actions. The policy outlines the measures and enforcement steps to be taken by staff, volunteers and users in order to address inappropriate behaviour or violence in Recreation, & Culture programs, City owned or leased facilities and properties. The City of Niagara Falls is committed to ensuring the safety of users and staff in its programs, facilities or properties, fostering an environment where there is Respect for others, and Responsibility for all actions. The City will exercise no tolerance to any form of violence, vandalism or inappropriate behaviour in its programs, facilities or properties. For more information please refer to the City's website, www.niagarafalls.ca 4. Turf Field Allocation and Distribution The City of Niagara Falls reserves the right to allocate the use of the turf field on a seasonal basis. Turf days and times will be allocated on historical usage to try and provide a solid groundwork for user groups. The City will attempt to allocate user groups hours similarly from season to season. Groups will be allocated the same amount of field time as was used in the previous season. If a group is to receive less time than the previous season due to cancellations or reduction in turf time the City of Niagara Falls will determine what dates and times the group will not be allocated. If a user group can show a significant increase based on actual registration numbers (participant registration information to be provided) they will be given consideration for more hours than originally allocated. Following the turf field allocation process any available field time and/or cancelled turf field time, Niagara United Soccer Club has the first right of refusal. Niagara United Soccer will confirm time to be booked within 48 hours to provide an opportunity for other organizations to utilize the available time(s). Season Dates Application Date Date to confirm Fall /Winter October 1 to mid- December* August 15 September 1 Spring late March* to mid- May February 1 Marchl Summer mid -May to September 30 March 15 April 30 Day Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 5:00- 11:00 pm 5:00- 11:00 pm 5:00- 11:00 pm 5:00- 11:00 pm 5:00- 11:00 pm 9am- 9 pm 9am- 9 pm Day Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 6:00 - 9:00 pm 6:00 - 9:00 pm 6:00 - 9:00 pm 6:00 - 9:00 pm Available to rent l0 am - 7:00 pm l0 am - 7:00 pm 4.1 Season, Application and Confirmation Date The City of Niagara Falls understands that due to registration numbers the amount of turf time allocated to each user group may fluctuate from season to season. Season, application and allocation meeting dates are defined in the chart below. *Weather permitting 4.2 Allocation User Priority • • • First Priority: Niagara United Soccer Club Second Priority: Local youth community based non - profit sport organizations Third Priority: Local adult community based non -profit sport organizations Fourth Priority: Local commercial (profit) organizations Fifth Priority: Non - resident youth community based non - profit sport organizations Sixth priority: Non- resident adult and commercial(profit) and all other requests Any remaining or cancelled turf rental times will be offered to Niagara United Soccer Association 4.3 Artificial Turf Field Days and Hours of Operation • The field will be available to rent seven days of week 8:00 am - 11:00 pm (spring and fall /winter) 7:00 am - 11:00 pm (summer) Niagara United Soccer Club The City acknowledges the $450,000 financial contribution Niagara United Soccer Club contributed to the capital construction cost of the artificial turf field. As a community partner the City and the Club have agreed to the following days and times to be used exclusively by the Club: Fall /Winter and Sorinu Matrix - Niagara United Exclusive Use * approx. 50% of prime time hours Summer Matrix to be confirmed) - Niagara United Exclusive Use Page 3 of 5 Day Monday Tuesday Wednesday Thursday Friday Saturday Sunday Time 8:OOam - 6:00pm & 9:00 pm - 11:00 pm 8:00 am - 6:00 pm & 9:00 pm - 11:00 pm 8:00 am - 6:00 pm& 9:00 pm- 11:00 pm 8:00 am - 6:00 pm & 9:00 pm - 11:00 pm Available to rent 8:00 am- 11:00 pm 8:00 am - 10 am& 7:00 pm - 11 pm 8:00 am - 10 am& 7:00 pm - 11 pm Fall, Winter and Spring Available Rental Time Slots Page 4 of 5 4.4 Conflict Resolution Time request conflicts that arise from field schedules will be discussed at allocation meetings. These conflicts will be brought forward to the specific groups affected for discussion and resolution with the Director of Recreation & Culture or designate acting as mediator. 4.5 Administration and Management of Tournaments and Special Events The City ofNiagara Falls recognizes the significant positive impacts that tournaments, special events and championships can provide to the community. The City is committed to achieving a balance between recreational and tournament /special events throughout the year. The City of Niagara Falls recognizes the economic and recreational impact past events have had on our community. 4.6 Consideration to schedule special events /tournaments Events will be given dates as similar as possible to previous years. An existing group can ask for a different date for their event as long as that event does not conflict with another organization's event date. When a user group cancels their tournament, all users and applicants including tournament organizers will be informed by email or telephone of the opportunity to implement a new tournament. Staff will evaluate tournament requests based on the following criteria: • Impact on regularly scheduled resident user groups • Days and time requested • Economic development for the City • Relationship to the City • All criteria will be considered, and with everything being equal, priority will be given to resident organizations. When an existing tournament has been cancelled, the time may be reserved for a new tournament. 5. Permit Amendments 5.1 Cancellations The City ofNiagara Falls has the right to control all playing field distribution and use of City -owned and operated fields for the duration of the permit. Controls must be in place to minimize the negative impacts that unused, returned, amended and cancelled field time can have on park operations and its clients. Page 5 of 5 5.2. Transferred/ Trades /Sub - Leased Turf field times The City of Niagara Falls is the sole permit authority for all Turf field times. The City must be aware of and be able to control the intended use of all Turf field permitted within its facilities at all times. 5.3. Permit Cancellation Playing Field Cancellation Policy (1000.57), all events are subject to the terms and conditions within that policy. When a rental permit has been signed, the City of Niagara Falls cancellation policy comes into effect. As stated in the Playing Field Cancellation Policy: • The Permit holder is responsible to contact R &C a minimum of ten calendar days in advance to cancel the permit. • If cancelled less than ten calendar days in advance or if the group is not present during the rental time period a cancellation fee of $20.00 will be charged. • If the organization is not present for the permitted time, their allocated time at the turf field will be reviewed. • In the event the permit holder fails to comply with the terms of the permit the City can cancel the permit. 5.4. Permit Cancellations and Rescheduling by the City of Niagara Falls The City reserves the right to reasonably postpone, reschedule or cancel any permitted activity due to justified circumstances. The City reserves the right to cancel a permit or portion of the permit if there is a breach of the condition or regulations or should the City be of the opinion that the facilities are not being used for the purpose contained in the application. Where postponement or rescheduling cannot be mutually coordinated, the permit holder affected will receive a full refund/credit for the time owing. 6. General Management 6.1. Group Representation In order for Recreation & Culture representatives to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between the Recreation & Culture and their group. All communications between the group and the Recreation & Culture should, at all times, be channeled through each group's representatives. 6.2. Opening Facilities Outside of Standards Hours of Operation The opening of facilities on statutory holidays, when they are normally closed, or beyond established operating hours (as defined by the Artificial Turf Field Allocation Policy), will be considered only if the applicant agrees to pay all fees, including staff costs related to opening and pending the availability of staff. All reasonable requests will be reviewed and responded to. Application does not guarantee approval. Revised June 30, 2011 Attachment #2 »> NFSC Titans <nfscoffice@ gmail.com> 6/30/2011 10:30 AM »> Hi Kathy, The Niagara Falls Soccer Club is in full support of the proposed turf allocation policy. We are looking forward to a continued working relationship with the city of Niagara Falls and the Niagara United Soccer Club. Tim Chamberlain President NFSC Inc. NFSC Administration BDD- 2011 -006 Niagarapalls July 18, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Niagara Falls Small Business Enterprise Centre Business Development Department SUBJECT: BDD- 2011 -06 Canadian Youth Business Foundation (CYBF) Program Implementation RECOMMENDATION For the Information of Council EXECUTIVE SUMMARY The Canadian Youth Business Foundation (CYBF) is a national organization providing start -up financing , pre - launch coaching, business resources, and mentoring to help young Canadians (between the ages of 18 -34), start their own successful business. CYBF loans money in partnership with the Canadian Federal Government, Ontario Provincial Government and major commercial banks to lend over $20 million in the next two years to aspiring young entrepreneurs. CYBF is the go -to place for youth entrepreneurship. As a national organization CYBF and partnering communities are dedicated to growing our nation's economy one young entrepreneur at a time. CYBF lends young entrepreneurs up to $15,000 * for their start up. They support businesses of all kinds - skilled trades, retail stores, services, innovative and green. CYBF does not require security for it's loans but rather lends on character and a great business plan. *CYBF lends up to $15,000, however additional financing up to $30,000 may be available through the CYBF -BDC Start Up Financing Program. BACKGROUND As a community partner of the CYBF program, the Niagara Falls Small Business Enterprise Centre (NFSBEC) will provide administrative intake, business plan review, and a loan review committee approval process made possible by community professional volunteers, the final decision is left to CYBF who takes and distributes the loans to recipients. Since 1996, CYBF has financed more than 4,000 young entrepreneurs. These entrepreneurs have: Generated $101 million in tax revenue Generated hundreds of millions of dollars in sale and export revenue Created more than 17,000 new Canadian jobs Source- ,..v». July 18, 2011 CYBF and partnering communities help young entrepreneurs through the planning stages by providing Pre - Launch coaching, and direct support from a CYBF entrepreneur in residence, entrepreneurs can also benefit from information found in CYBF's Online Business Resource Centre. Additionally, entrepreneurs will benefit from CYBF mandatory world -class mentoring program. All CYBF entrepreneurs are hand - matched with an experienced business mentor for 2 years to allow knowledge sharing and ensure a higher business success rate. ANALYSIS /RATIONALE The implementation of a CYBF loan program will compliment and broaden the services of the NFSBEC who's core mission is to help start and grow small business in the Niagara Falls community and surrounding areas. This program allows the NFSBEC to support its recipients from the beginning of their entrepreneurial journey right to the end. LEGAL IMPLICATIONS All loans are approved and lent by CYBF and take full liability for any unpaid debts. Community partners such as the Business Development Department /NFSBEC do not take on any risk or liability. FINANCIAL IMPLICATIONS - 2 - BDD- 2011 -006 Administrative costs associated with the Loan Program Services will be funded by an application fee of $100.00 received directly by the NFSBEC from each loan applicant. The CYBF program will additionally reimburse the NFSBEC an administrative payment, under the foundation loan program, as per the following terms: Approved and advanced CYBF loan 1st 2nd, 3rd 4 th 5 th 6 and above Fees -Loan $200 $300 $500 The CYBF funds will be retained by the NFSBEC to fund other small business initiatives in our community. CITY'S STRATEGIC COMMITMENT Strengthen and promote economic vitality within the City of Niagara Falls by attracting and retaining youth while fostering small business development. The 2011 -2014 strategic priorities indicate that economic vitality is an area of opportunity and growth. The CYBF program in partnership with the NFSBEC will develop: • Implementation strategies for retaining and attracting youth to Niagara Falls with a focus on business retention Pro - actively support and foster growth in the small business sector in the Niagara Falls community and surrounding areas. July 18, 2011 Recommended by: Respectfully submitted: - 3 - BDD- 2011 -006 Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Office No. Moved by Councillor Seconded by Councillor The City of Niagara Falls, Ontario Resolution WHEREAS the Regional Municipality ofNiagara (the Region) has program called the Residential Conversion and Intensification Loan Program (the "Program"): and WHEREAS the Program is a part of the Region's Smarter .Viagara Incentives: and WHEREAS at the June 27. 2001 meeting. Niagara Falls City Council approved report PD- 2011 -43 for a residential property loan application for 4410 -4414 Queen Street (Keefer Development & Historic Niagara): and WHEREAS the proposal is for seven. 2- bedroom apartments and twenty three. 1 bedroom apartments (total of 30 residential apartments): and WHEREAS approval under the Program will mean that the Region will cover half ofthe loan cost: and THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for the Residential Conversion and Intensification Loan Program for 4410 -4414 Queen Street (Keefer Development & Historic Niagara). AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2011- A by -law to amend By -law No. 2008 -13, which amended By -law No. 79 -200, to add a place of worship as a use, limit the occupancy of non - residential uses to 70 persons at any given time and adjust several other regulatory provisions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -13 is amended by deleting sections 2, 3 and 4 and inserting the following: "2. 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. 3. The Lands shall be identified as two parcels, known as Parcel R2 and Parcel R2 -814. 4. 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. 5. 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. 6. The permitted uses shall be: (a) For Parcel R2, the uses permitted in a R2 zone (b) For Parcel R2 -814: (i) place of worship (ii) either a martial arts school, dance or music studio, calisthenics studio or art studio (iii) dwelling unit (iv) private garage 7. The regulations governing the permitted uses on Parcel R2 shall be the regulations specified for a R2 use. 8. The regulations governing the permitted uses on Parcel R2 -814 shall be: (a) Minimum lot area (b) Minimum westerly interior side yard width for a one storey building (c) Maximum building height (d) Maximum floor area for all uses other than a dwelling unit and a private garage (e) Minimum number of parking spaces (f) Minimum parking aisle width (g) Maximum occupancy of all non - residential uses in the building (h) Minimum landscaped open space -2- 0.3 metres 12 metres 440 square metres 14 6 metres 70 (i) (i) The balance of regulations specified for a R2 use the whole of Parcel R2 -814, save and except for any part that may be required to be dedicated for the purpose of road widening 50% of the lot area, which shall include: a minimum of 44% of the front yard; and, (ii) a 10 metre wide landscaping strip, parallel and adjacent to the northerly property line 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. -3- 12. The provisions of this By -law shall be shown on Sheet D4 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands, in part, from R2, in part, and R2 and numbered 678, in part, to R2, and, in part. from R2 and numbered 678 to R2 and numbered 814. 13. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.814 Refer to By -law No. 2011 - Passed this eighteenth day of July, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: SA'ZONING\AN1S`201 [By- laws v.Bvam004.wpd July 18, 2011 July 18, 2011 July 18, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to designate Lots 145, 146 and 147, Plan 307 and Lot 84 and Part of Block `'A ", Plan 310 to be deemed not to be within a registered plan 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 1909 and 1911; 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 registered plans 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 145, 146 and 147, Plan 307 and Lot 84 and Part of Block "A ", Plan 310 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 eighteenth day of July, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 18, 2011 July 18, 2011 July 18, 2011 S DEFMING BY- LAW\DB -201 1 -003, 5205 Fourth Ave\Deeming Bylaw .wpd CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of a consulting agreement with MMM Group for the Niagara Falls Fire Department Fire Station Location Study WHEREAS Report CAO- 2011 -01 approved a request for proposal (RFP) for a Fire Station Location Study; and WHEREAS RFP -P09 -201 1 was issued and closed in April, 2011; and WHEREAS the proposals submitted were evaluated based on the following criteria: company experience and qualification, strength of the proposed project team, quality of the proposed approach to the scope of work, response characteristics and proposal fee; and WHEREAS based on the evaluation criteria. MMM Group is the preferred proponent; and WHEREAS the proposal is within the allocated budget for the study. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A consulting agreement between the Corporation of the City of Niagara Falls and the MMM Group respecting Fire Station Location Study as attached hereto. is hereby approved and authorized. - Fhe Mayor and Clerk are hereby authorized to execute the said Agreement. 3. Fhe Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eighteenth day of July, 201 1. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: July 18, 2011 July 18, 2011 July 18, 2011 THIS CONSULTING AGREEMENT made this day of , 20. BETWEEN: Hereinafter referred to as the "Consultant" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the City has requested the Consultant to furnish professional services in connection with the , as more particularly described in Schedule "A" attached to and forming part of this Agreement, hereinafter referred to as the "Project "; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. GENERAL PROVISIONS REP P09 -2011 APPENDIX C Page 27 1.01 RETAINER (a) The City hereby retains the services of the Consultant in connection with the Project and the Consultant hereby agrees to provide the services described herein under the general direction and control of the City; and (b) In this Agreement the word "Consultant" shall mean professionals and other specialists engaged by the City directly and whose names are party to this Agreement. 1.02 SERVICES The services to he provided by the Consultant and by the City for the Project are set forth in Article 2 hereof and such services as changed. altered or added to under Section 1.08 hereof. are hereinafter referred to as the "Services ". 1.03 COMPENSATION The City shall pay the Consultant in accordance with the provisions set forth in Article 4. 1.04 STAFF AND METHODS The Consultant shall use current state -of -the -art principles and shall skilfully and competently perform the Services and shall employ only skilled and competent staff who will be under the supervision of a senior member of the Consultant's staff. 1.05 DRAWINGS AND DOCUMENTS Drawings and documents or copies thereof required for the Project shall be exchanged between the parties on a reciprocal basis. Documents prepared by the Consultant for the City may be used by the City for the Project herein described, including "as built" records. The City has ownership of the drawings. Drawings shall be prepared as per the City's current digital drawing and layering standards, unless approved otherwise by the City. 1.06 PATENTS (a) All concepts, products or processes produced by or resulting from the Services rendered by the Consultant in connection with the Project, or which are otherwise developed or first reduced to practice by the Consultant in the performance of its Services and which are able to be patented, capable of trademark or otherwise, shall be and remain the property of the Consultant; and RFP -P09 -201 1 - Appendix C Page 28 (b) The City shall have permanent, non - exclusive, royalty -free license to use any concept, product or process which is able to be patented, capable of trademark or otherwise produced by or resulting from the Services rendered by the Consultant in connection with the Project and for no other purpose or project. 1.07 RECORDS AND AUDIT (a) In order to provide data for the calculation of fees on a time basis, the Consultant shall keep a detailed record of the hours worked by and salaries paid to its staff employed for the Project; (b) The City may inspect and audit the books, payrolls, accounts and records of the Consultant, during regular office hours, with respect to any item which the City is required to pay on a time scale or disbursement basis, as a result of this Agreement; and (c) The Consultant, when requested by the City, shall provide copies of receipts with respect to any disbursement for which the Consultant claims payment under this Agreement. 1.08 CHANGES, ALTERATIONS AND ADDITIONAL SERVICES With the consent of the Consultant, the City may, in writing. at any time after the execution of the Agreement or the commencement of the Services, delete, extend. increase. vary or otherwise alter the Services forming the subject of this Agreement and if such action by the City necessitates additional staff or services, the Consultant shall be paid in accordance with Section 4.1 for such additional staff employed directly therein. together with such expenses and disbursements as allowed under Section 4.3. 1.09 SUSPENSION OR TERMINATION (a) The City may at any time, by notice in writing to the Consultant, suspend or terminate the Services or any portion thereof at any stage of the undertaking. Upon receipt of such written notice, the Consultant shall perform no further services other than those reasonably necessary to close out its Services. In such an event, the Consultant shall be entitled to payment in accordance with Section 4.4 for any of the Consultant's staff employed directly therein, together with such expenses and disbursements allowed under Section 4.3; and (b) If the Consultant is practising as an individual and dies before his Services have been completed, this Agreement shall terminate as of the date of his death and the City shall pay for the Services rendered and disbursements incurred by the Consultant, to the date of such termination. 1.10 INDEMNIFICATION (a) The Consultant shall indemnify and save harmless the City from and against all claims, actions, losses, expenses, costs, demands, suits and other proceedings or damages of every nature and kind whatsoever which the City, its employees. officers or agents may suffer as a result of the negligence of the Consultant, its employees. officers or agents in performance of this Agreement: (b) The Consultant shall indemnify and save harmless the City from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the City, its employees, officers or agents may suffer as a result of misuse, misappropriation or alleged misuse or misappropriation by the Consultant, its employees, officers or agents of intellectual property in the performance of this Agreement; and (c) The City agrees to indemnify and save harmless the Consultant from and against any and all claims. losses, damages. liability and costs arising out of or in any way connected with the presence, discharge, release or escape of contaminants of any kind, excluding only such liability as may arise out of the negligence of the Consultant in the performance of consulting services to the City within this Project. RFP -P09 -2011 - Appendix C Page 29 1.11 INSURANCE AND LIMIT OF LIABILITY The Consultant shall be required to purchase and maintain in force, at its own expense (including the payment of all deductibles) and for the duration of this Agreement. the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate of these policies originally signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of the Consultant's Services: (a) Professional Liability (errors and omissions coverage) for the performance of Services by the Consultant providing that the policy is: (1) In the amount of not less than Two Million Dollars (S2,000,000) total coverage. and Two Million Dollars (S2.000,000) coverage per claim; (ii) Not to be construed as a limit of the liability of the Consultant in the performance by the Consultant of the Services under this Agreement; and (iii) Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a period of time ending no sooner than two years after the termination or expiry of this Agreement, as the case may be: (b) Comprehensive General Liability, provided that the policy: (i) is in the amount of not less than Five Million Dollars (S5,000,000), per occurrence; (ii) adds the City as additional insured; (iii) has provisions for cross - liability as between the Consultant and the City. broad form contractual liability, owner's/contractor's protective liability. contingent employer's liability, employer's liability. non -owned automobile liability and personal injury liability; (iv) provides non -owned automobile coverage; and (v) provides for 30 days' prior written notice of cancellation or material change; The Consultant shall also furnish the City with a certified copy of a Standard Automobile Liability Insurance Policy on all owned and leased vehicles with inclusive limits of not less than Five Million Dollars (S5.000,000) per occurrence for bodily injury and property damage with a deductible not greater than Five Thousand Dollars (S5.000); (d) All policies listed above: (i) Shall apply as primary insurance and not excess to any other insurance available to the City; and (ii) To remain in force until final acceptance oldie work described herein by the City. At the expiry date of the policies, the Consultant shall provide original signed Certificates or electronic equivalents thereof, evidencing renewals or replacements to the City prior to the expiration date of the original policies, without notice or request by the City. 1.12 CONTRACTING FOR CONSTRICTION Neither the Consultant, nor any person, firm or corporation associated or affiliated with the Consultant, or subsidiary to the Consultant, shall tender for the construction of the Project or have an interest either directly or indirectly in the construction of the Project. RFP -P09 -201 1 - Appendix C Page 30 1.13 ASSIGNMENT Neither party may assign this Agreement without the prior consent in writing of the other. 1.14 PREVIOUS AGREEMENTS This Agreement supersedes all previous agreements, arrangements or understanding between the parties, whether written or oral, in connection with or incidental to the Project. 1.15 APPROVAL BY OTHER AUTHORITIES Unless otherwise provided in this Agreement, where the work of the Consultant is subject to the approval or review of an authority, department of government, or agency other than the City. such applications for approval or review shall be the responsibility of the Consultant, but shall be submitted through the offices of the City and unless authorized by the City in writing, such applications for approval or review shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency. 1.16 PRINCIPALS AND EXECUTIVES The use of principals and executives on a time basis by the Consultant will be in accordance with Subsection 2.1 (). 1.17 SPECIALIZED SERVICES The Consultant may engage others for specialized services, provided that prior approval is obtained, in writing. from the City and may add a mark -up of not more than five (5) percent of the cost of such services to cover office administration costs when claiming reimbursement from the City, plus the cost of the additional insurance incurred by the Consultant for the specialized services. 1.18 INSPECTION The City, or persons authorized by the City, shall have the right, at all reasonable times, to inspect or otherwise review the Services performed or being performed under the Project and the premises where they are being performed. 1.19 PUBLICATION The Consultant agrees to obtain the written consent of the Director of Municipal Works or his designate, before publishing or issuing any detailed information regarding the Project. 1.20 CONFIDENTIAL DATA (a) The Consultant shall not divulge any specific information identified as confidential. communicated or acquired by it or disclosed by the City in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval, in writing, of the City; and (b) For the purposes of this Project all digital data submitted to the Consultant by the City is deemed confidential and subject to the conditions set out in the City's Electronic Intellectual Property End User Licence Agreement. 1.21 ARBITRATION (a) Any dispute. difference or disagreement between the parties hereto in relation to the Agreement may.with the consent of both parties, be referred to arbitration; (b) No person shall be appointed to act as arbitrator who is in any way interested, financial or otherwise, in the conduct of the work on the Project or in the business or other affairs of either the City or the Consultant; (c) The award of the arbitrator shall be final and binding upon the parties; and (d) The provisions of the Arbitrations Act, 1991 shall apply. RFP -P09 -201 1 - Appendix C Page 31 1.22 TIME (a) The Consultant shall perform the Services expeditiously to meet the requirements of the City and shall complete any portion or portions of the Services in such order as the City may require and the City shall have the right to take possession of and use any completed or partially completed portions of the Services, notwithstanding any provisions expressed or implied to the contrary; and (b) The City shall give due consideration to all designs, drawings, plans, specifications, reports, tenders, proposals and other information submitted by the Consultant and shall make any decisions which it is required to make in connection therewith, within a reasonable time so as not to delay the work of the Consultant. 2. ESTI'IATES, SCHEDULES AND STAFF LIST 2.1 PREPARATION OF ESTIMATE OF FEES, SCHEDULE OF PROGRESS AND STAFF LIST Prior to execution of this Agreement, the Consultant shall provide, for approval by the City: (a) An estimate of the total fees to be paid for the services: (b) A Schedule showing an estimate of the portion of the Services to be completed in each month and an estimate of the portion of the fee which will be payable for each such month and a complete schedule showing the entire estimated amount of fees, including an estimated time schedule to carry out the services: (c) A staff list showing the number, classifications. salaries and hourly salaries and or rates of staff and or hourly rates for principals and executives for which the Consultant will seek payment on a time basis. The Consultant shall relate such information to the particular type of work that such staff is to perform, while employed on the Project. Such list shall designate the member of the Consultant's staff who is to be the liaison person between the Consultant and the City; (d) A list of expected disbursements and equipment items, including the rates for items expected to be used to provide the consulting services. and (e) Identify anticipated date of any cost of living increments which would affect payroll costs, including the estimated percentage increases. 2.2 SUBSEQUENT CHANGES IN THE ESTIMATE OF FEES, SCHEDULE OF PROGRESS AND STAFF LIST The Consultant will require written approval from the City for any of the following changes: (a) Any increase in the estimated fees beyond those approved under Subsection 2.1 (a); (b) Any change in the schedule of progress, which results in a longer period than provided in Subsection 2.1 (b); and (c) Any change in the number, classification and salary ranges of the staff provided under Subsection 2.1 c). 2.3 MONTHLY REPORTING OF PROGRESS When requested by the City, the Consultant shall provide the City with a written report showing the portion of the Services completed in the preceding month. 2.4 UPSET LIMITS FOR FEES CHARGED In any event, the cost of the design portion of the Consulting Services shall not exceed an upset limit of Dollars (S ) excluding HST. RFP -P09 -2011 - Appendix C 3. DETAILED DESIGN, SCOPE OF' WORK AND DESIGN SERVICES 3.1 DETAILED DESIGN (a) The Consultant shall provide to the City the information outlined in Article 2 prior to a recommendation to Municipal Council for retaining the Consulting Services. Such information shall become part of this Agreement, as found in the proposal entitled " ", as submitted by the Consultant; (b) The Consultant shall provide the services for Detailed Design and such work shall include the following: (i) Estimated fees for the design phase of the Project (ii) Estimated fee for as building drawings" and S liaison with City during construction phase of Project (iii) City contingency (to be entered by the City: S and 3.2 SCOPE OF WORK As per proposal attached hereto. S (excluding HST) (iv) Estimated total fees for the Project (to be entered S by the City) (excluding FIST) 3.3 DESIGN SERVICES The services to be provided by the Consultant in the execution of "Design Services" for the Project shall he as per the proposal submitted by the Consultant, as referred to in Subsection 3.1 (a). Page 32 3.4 LIAISON WITH CITY STAFF DURING CONSTRUCTION (a) The City's staff will administer the contracts during construction. provide site supervision services and provide for all construction layout for all phases of construction. including co- ordination with utility companies and other agencies for the installation and relocation of existing or proposed utilities and infrastructure; and (b) Notwithstanding the above City's services to be provided, the Consultant will be required, as part of this Agreement, to provide the following services during the construction phases of the Project. if requested by the City: (i) Advise the City's staff on the Consultant's interpretation of the drawings and specifications and issue supplementary details and instructions during the construction period, as required; (ii) Review, for the City's approval, the construction schedule proposed by the Contractor and comment on the procedures, methods and sequence of work; (iii) Consider and advise on alternative methods, equipment and materials proposed by the Contractor; (iv) Advise on validity of charges for additions or deletions and advise on the issue of change orders; and (v) Attend job meetings as deemed necessary. The above services are in addition to the Design Services and will be charged at the rates as indicated in this Agreement. RFP -P09 -201 1 - Appendix C Page 33 4. BASIS OF PAYMENT 4.1 FEES CALCULATED ON A TIME BASIS (Not Applicable to this RFP) The City shall pay the Consultant a fee, calculated on a time basis, for that part of the Services described in Article 2. Fees on a time basis shall be as follows: (a) Principals and executives on normal assignments, as per the proposal. The rate will be reviewed annually and adjusted accordingly; (b) Staff on normal assignments, as per the proposal; (c) Services during construction: (i For all services, except for full -time staff continuously on site (ii) For principals and executives on normal assignments. as per the proposal. This rate will be reviewed annually and adjusted accordingly; (iii) For other staff, as per the proposal; and (iv) For site staff working full time continuously, as per the proposal; (d) CADD equipment and computer costs. as per the proposal; and (e) Total Station Survey Equipment costs. as per the proposal. 4.2 TIME EXPENDED (Not Applicable to this RFP) All time expended on the assignment, whether in the Consultant's office, at the City's premises or elsewhere and including travel time, shall be chargeable. This also includes, but is not limited to, stenographic and clerical staff engaged in the preparation of documents such as reports and specifications. 4.3 REIMBURSABLE EXPENSES (Not Applicable to this RFP) (a) In addition to the fee, the Consultant shall be reimbursed at cost plus an administrative charge of live (5) percent for all expenses properly incurred by it in connection with the Project, including but not limited to, vehicle use charges, travelling and living expenses. long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography, advertising for tenders, special delivery and express charges, overtime premium costs and the cost of providing and maintaining site offices, supplies and equipment and chemical and physical tests. With the exception of advertising for tenders and test costs, the above expenses and five (5) percent administration charge shall be included when calculating upset limit costs as specified in Section 2.4; and (h) The approval of the City shall be obtained prior to overtime hours being authorized on any phase of the Services. 4.4 PAYMENT (Not Applicable to this RFP) The Consultant shall submit an invoice to the City for that part of the design of the Project completed in the immediately preceding month, calculated upon the basis of the Consultant's actual payroll and disbursement costs, as calculated in Articles 4. RFP-P09-20 1 1 - Appendix C Page 34 IN WITNESS WHEREOF the City and the Consultant hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. Per: Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James Diodati, Mayor Dean lorfida, City Clerk Centre Street THE CORPORATION OF THE CITY OF NIAGARA FALLS First Reading: July 18, 2011 Second Reading: July 18, 2011 Third Reading: July 18, 2011 BY -LAW Number 2011 - A by -law to temporarily amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000. as amended, is hereby further amended by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Southwest A point 36 metres northwest of Lewis Avenue and At All Times a point 42 metres northwest of Lewis Avenue Except by Designated Disability Parking Permit 2. This By -law shall come into force when the appropriate signs are installed. 3. This By-law shall expire on the thirty -first day of January. 2012. Passed this eighteenth day of July, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 - A by -law to amend By -law No. 89- 2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000. as amended, is hereby further amended: (a) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES /DAYS Riall Street Dorchester Road and St. Paul Avenue At All Times This By -law shall come into force when the appropriate signs are installed. Passed this eighteenth day of July, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 18, 2011 Second Reading: July 18, 2011 Third Reading: July 18, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the payment of S5.857,734.80 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 9, 2011 to June 22. 2011. Passed this eighteenth day of July 2011. DEAN IORIFDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: July 18, 2011 July 18. 2011 July 18.2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to adopt. ratify and confirm the actions of City Council at its meeting held on the 18' day of July, 2011. 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 18` day of July. 2011 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. 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 eighteenth day of July 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: July 18, 2011 July 18, 2011 July 18. 2011