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2011/10/03COUNCIL MEETING Monday, October 3, 2011 Order of Business and Agenda Package Team Members: Andy Berti Adrian Diodati (batboy) Noah Fortuna John Maclntyre Niagaraalls COUNCIL MEETING October 3, 2011 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of September 19, 2011 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS /PRESENTATIONS Special Olympics World Summer Games Robyn Crandall will be recognized at Council for winning two gold metals and one silver in Athens, Greece at the Special Olympic World Summer Games. Ontario Provincial Gold Championship Justin DiCienzo will be recognized at Council for earning two major championships, Ontario Provincial Golf Championship - Junior Skills Challenge. Niagara Falls Falcons Minor Mosquitoes Baseball Team The Niagara Falls Falcons Minor Mosquitoes Baseball Team will be recognized at Council for winning the Ontario Baseball Association Championship title. Leif Burciul James Egan Willy Jackman Mason McRae Team Manager: Mark Fortuna, Head Coach: Al Todd Assistant Coach: Ryan Diodati, Rich Gibson and Mike McRae Owen Diodati Kyle Fortuna Dennis Lescombe Ryan Todd Niagara Falls Falcons Major Mosquitoes Ontario Championship Baseball Team 2 The Niagara Falls Falcons Major Mosquitoes Baseball Team will be recognized at Council for winning the Ontario Baseball Association Provincial Championship. Team Members: Shawn Adamo Ryan James Zack Keldson Ryan Shannon Matt Wiebe Dan Brady Caleb Johnston Will Schmahl Calum Theal Coaches: Jim Thorpe, Clay Johnston, Bryan Theal and Darren Schmahl Background Material: Recommendation Report PD- 2011 -68 -AND- Background Material: Recommendation Report PD- 2011 -67 PLANNING MATTERS Public Meeting AM- 2011 -011, Zoning By -law Amendment Application North and South Sides of Swayze Drive, West of the CN Railway Applicant: Niagara Falls Soccer Club Proposed Recreational Facility with Ancillary Uses and Off -Site Parking Correspondence from Nordene Miller Correspondence from Mary Jane and Reg Faust Correspondence from Lesley Jacobson Correspondence from Angus McLean Petition from residents on Swayze Drive Thomas DiDomenico Jacob Julian Nolan Sexton Josh Thorpe Public Meeting AM- 2011 -008, Zoning By -law Amendment Application 7537 Thorold Stone Road Applicant: Gales Gas Bar Limited Agents: Ken Gonyou, Taro Planning & John Broderick, Broderick & Partners Redevelopment of a Gas Bar & Expand List of Permitted Uses 3 Public Meeting AM- 2011 -002, City Initiated Official Plan and Zoning By -law Amendments Clifton Hill /Fallsview Tourist Areas Proposed Changes to Parking Requirements Background Material: Recommendation Report PD- 2011 -66 -AND - Correspondence from Doug Birrell, Canadian Niagara Hotels MISCELLANEOUS PLANNING MATTERS 1 Chief Administrative Officer PD- 2011 -69 - Proposed Assembly Hall 2377 Dorchester Road (Fireman's Park) Niagara Escarpment Commission Development Permit. Application. N /L/2010- 2011 -357 2. Chief Administrative Officer PD- 2011 -73 - 5021 Garner Road Demolition MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Autism Ontario Niagara Region - Request that the month of October be declared as " Autism Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Niagara Falls Public Library - Request that the week of October 16 -22, 2011 be proclaimed " Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Teachers of English as a Second Language Association of Ontario - Request that the week of October 23 -29, 2011 be proclaimed as " English as a Second Language Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4 4. CUPE /SCFP Ontario - A request that October 26, 2011 be proclaimed as " Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls RECOMMENDATION: For the Approval of Council 5. Bob Bailey, MPP, Sarnia Lambton - a request supporting a petition to the Minister of Health to have OHIP cover all scientifically verified tests for Acute and Chronic Lyme diagnosis, create public awareness and develop diagnostic and successful treatment protocols. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. BUDGET MATTERS The Director of Finance will make a presentation on debt management. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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. BDD- 2011 -08 - Celebrate Ontario Grant re: New Year's Eve Show CD- 2011 -15 - Ombudsman Complaint F- 2011 -45 - Major Tax Receivables Report F- 2011 -48 - Tax Sale Extension Agreement - MW- 2011 -39 - Fairview Cemetery Section V Development MW- 2011 -41 - Water Meter Bypass Inspection Program MW- 2011 -42 - Tenders T09 -2011 and T11 -2011, Fleet Purchases PD- 2011 -65 - Brownfield Rehabilitation Grant Application, 7549 Kalar Road - 2124484 Ontario Ltd. (Robert O'Dell). Agent: Luciano Piccioni - RCI Consulting PD- 2011 -70 - Commercial Building & Facade Improvement Grant Application, CB & FIG - 2011 -005, 5926 Main Street. Desa Mrkalj, Sestan Holdings Ltd., Double "D" Restaurant. R & C- 2011 -14 - 2011 Sports Wall of Fame Inductees TS- 2011 -37 - Preston Avenue at Thorton Street - Intersection Control Review 2011 - 126 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. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stop Signs at Intersections, Parking Prohibited, Limited Parking) 2011 -127 A by -law to authorize the execution of an Extension Agreement with Gerald Horban respecting a tax obligation. 2011 -128 A by -law to appoint Councillor Vince Kerrio as Acting Mayor. 2011 -129 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3 day of October, 2011. NEW BUSINESS Community Services Department Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Aw ards at Council - Monday, October 3, 2011 Robyn Crandall - Special Olympics World Summer Games Two Gold Medals, One Silver Medal Niagara Falls has the best Special Olympian World Champion 50 m freestyle swimmer. Contact information: Robyn Crandall 905- 358 -1725 7684 Charnwood Avenue Niagara Falls. ON cc. Dean Iorfida. Kathy Moldenhauer NiagaraTalls DATE: October 3, 2011 This summer Robyn Crandall competed in Athens. Greece and proved that she was the best Special Olympian in the entire world in the 50 m freestyle. Robyn also earned a gold medal as a member of the Canadian team's 4 X 100 individual medley and a silver medal in the 50 m butterfly. Last year. Robyn Crandall was honoured for winning gold at the Special Olympics National Summer Games. Winning gold medals in the 25 m freestyle. 50 m butterfly and 4 X 50 m freestyle relay. she also swam her way to a silver medal in the 50 m freestyle and a bronze in the 200 m freestyle. It was Robyn Crandall's first time competing in the National competition. which was held in London, Ontario. Last fall. Robyn was honoured with the Doug Austin Award at the City's Volunteer Recognition Evening. Robyn is planning for a repeat performance four years from now at the World Special Olympics Summer Games in Los Angeles. California. Robyn is coached by George Pentland and she continues to train at the MacBain Community Centre with a combination of swimming. weight training and cardio - vascular exercise. Congratulations Robyn! C: Documents and Settings`tn206 Local Settings TempAPgrpwise`,Oct 3. 2011 - Robyn Crandall - Special Olympics World Summer Games - in Greece.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation & Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: AIN ards at Council - Monday, October 3, 2011 Justin DiCienzo Ontario Provincial Golf Championship - Junior Skills Challenge Niagara 'alis DATE: October 3, 2011 On August 17. 2011. Justin DiCienzo earned two major championships. Playing at the BraeBen Golf Course in Mississauga. Justin took home top prize at the CN Future Links Ontario Provincial Golf Junior Skills Challenge hosted by the Golf Association of Ontario. Justin competed against 41 juniors who earned their w to the provincials. by playing in regional skills challenges throughout Ontario. On July 29.2011. Justin competed at Sparrow Lakes Golf Course and earned his way into the finals. The skills championships challenge golfers to compete on a variety of golf skills including putting. chipping. driving and iron play and has set skill targets for each golfer to achieve and accumulates points for every, facet of the golf game. Most recently °. Justin competed at the Fort Erie Golf and Country Club and earned the Championship Title for the Local Bantam - 11 years and under division. Justin has been a member of the Canadian Junior Golf Association since 2009. playing in golf tournaments across Ontario. He is also a member of the U.S. Kids Golf Tour. with golf tournaments throughout Ohio. Pennsylvania and New York State. Locally. Justin is a member of the Niagara Bantam Tour. Next year. Justin plans on returning to the Niagara Bantam Tour. Contact information: Michael DiCienzo for Justin DiCienzo Canadian Niagara Hotels 905- 374 -4446 x4000 Email: michaeld cc. Dean Iorfida, Kathy Moldenhauer C: Documents and Settings`tn206 Local Settings Temp XPgrpwise Oct 3, 2011 - Justin DiCienzo - Ontario Championship - Junior Skills Challenge - golf.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Awards at Council - Monday, October 3, 2011 Niagara Falls Falcons Minor Mosquitoes Ontario Championship Baseball Team The Niagara Falls Falcons Minor Mosquitoes Baseball Team traveled to Brantford. Ontario over the Labour Day weekend to compete in the Ontario Baseball Association Championships and came home with the championship title. The team had a perfect record (6 -0) entering the championship games in the double elimination tournament. but lost their first game to London 8 -4. Following this disappointment. they persevered and didn't back down to come out on top and win 13 -3 for the championship. Last year. most of the same players were on the rookie team playing on the Buckner's Source for Sports Niagara Falls Falcons Sr. Rookie Baseball Team. Over the 2010 Labour Day weekend. they traveled to Tecumseh to compete and win the Ontario Baseball Association Provincial Championship. Congratulations to the 2011 Niagara Falls Falcons Major Mosquitoes Ontario Baseball Championhip Team. Members of the team: Andy Berti Leif Burciul Owen Diodati Adrian Diodati (batboy) James Egan Kyle Fortuna Noah Fortuna Willy Jackman Dennis Lescombe John Maclntyre Mason McRae Ryan Todd Team Manager: Mark Fortuna I lead Coach: Al Todd Assistant Coach: Ryan Diodati, Rich Gibson and Mike McRae cc. Dean Iorfida. Kathy Moldenhauer Niagaraaa DATE: October 3, 2011 C Documents and Settings tn206 Local Settings Femp :XParp visevOct 3 - OBA Champs - VF Falcons Minor Mosquitoes Baseball Team -v$pd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Community Services Department Recreation and Culture Inter - Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Aw ards at Council - Monday, October 3, 2011 Niagara Falls Falcons Major Mosquitoes Ontario Championship Baseball Team The Niagara Falls Falcons Major Mosquitoes Baseball Team played at home in Niagara Falls in the Ontario Provincial Tournament over the Labour Day weekend and came out on top - winning the Ontario Baseball Association Provincial Championship. The Major Mosquitoes defeated their Cambridge counterparts to win the championship. There were a total of six Niagara Falls teams that made it to the O.B.A. Championships and two teams came out with O.B.A. titles. It is a huge accomplishment for the Greater Niagara Baseball Association and for the City. Vito Scaringi. President of the G.N.B.A. reports that in the last year. the association has had a 25% increase in enrollment. I-le credits the dedication from the coaches and the success of the leagues teams last year. "Its all part of creating a quality organization. We get kids staying in the league. because of the support. We have support of the City and the parks and rec staff ensure we have great parks to play in." Congratulations to the Ontario Baseball Champions - the Niagara Falls Falcons Major Mosquitoes Baseball Team. Members of the Provincial Championship Team: Shawn Adamo Ryan James Zack Keldson Ryan Shannon Matt Wiebe cc. Dean lorfida. Kathy Moldenhauer Dan Brady Caleb Johnston Will Schmahl Calum Theal Thomas DiDomenico Jacob Julian Nolan Sexton Josh Thorpe Coaches: Jim Thorpe, Clay Johnston. Bryan Theal and Darren Schmahl Niagaraaalls DATE: October 3, 2011 C:''Documents and Settings`tn206.1 ocal Settings'Temp'.XPgrpxcise'Oct 3 - OBA Champs - NF Falcons Major Mosquitoes Baseball Team. spd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Niagara) ails C 1 N A D.l REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2011 -68 October 3, 2011 SUBJECT: PD- 2011 -68 AM- 2011 -011, Zoning By -law Amendment Application North and South Sides of Swayze Drive west of the CN Railway Applicant: Niagara Falls Soccer Club Proposed Recreational Facility with Ancillary Uses and Off -Site Parking RECOMMENDATION That Council approve the application to: • rezone part of Part 1 a site specific Open Space (OS) zone having lesser setback provisions than required for a recreational facility and provide for the inclusion of a restaurant, clinic and retail store as ancillary uses to the recreational facility and to permit a portion of the required parking to be provided off -site on Part 2; • rezone part of Part 1 a site specific Environmental Protection Area (EPA) zone to protect the wooded gully; and • rezone part of Part 2 (Ker Park) a site specific Open Space (OS) zone to permit it to be used to supply part of the required parking for the recreational facility on part of Part 1, all subject to the regulations outlined in this report. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to adjust the standards for a recreational facility and permit an ancillary restaurant, clinic and retail store on part of Part 1 with a portion of the required parking for the facility on part of Part 2 (Ker Park). This request can be supported because: the proposed development complies with the Official Plan regarding the location of recreational facilities in residential areas and conserving environmental features; due to the parcel configuration and protection of the wooded area on Part 1 required parking needs to be provided off -site, which can be provided on a portion of Ker Park without adverse impact to the Park; residential uses to the north -west will be buffered by the hydro electric transmission corridor that exists between them and the proposed facility. Additional buffering can be achieved through the provision of on -site buffering; and, • the relief requested to the standard regulations of the OS zone are minor in nature and necessary due to the irregular shape of the lot. Amendments are requested for two parcels of land. Part 1 is a 1.3 hectare (3.2 acre) parcel of land on the north side of Swayze Drive. The second parcel involves 0.4 hectares (1.0 acre) of a 6.8 hectare (16.9 acre) parcel of land (Part 2) on the south side of Swayze Drive, known as Ker Park. The applicant intends to lease the 0.4 hectare portion of Part 2 from the City. Refer to Schedule 1 to locate the lands. The applicant proposes to develop a 5,933 square metre (63,864 square foot) recreational facility with indoor soccer fields and facilities for gymnastics and martial arts, including a restaurant, clinic and a retail store as ancillary uses on the southerly half of Part 1 and to provide the majority of the required parking for this facility in the north -east corner of Ker Park (Part 2). Schedule 2 shows details of the proposed development. Both Parts 1 and 2 are currently zoned Open Space (OS) by Zoning By -law No. 79 -200. The OS zone permits recreational uses. Site specific regulations are requested to be added to the OS zoning of part of Part 1. Adjustments to the standards which regulate lot area; front, side and rear yard setbacks; lot coverage and building height are also requested to accommodate the development as designed and to add a restaurant, clinic and retail store as ancillary uses. Further regulations are requested to permit a portion of the required parking for the facility to be provided in the north -east corner of Part 2. Site specific provisions are requested to be added to the OS zoning of Part 2 to allow this. The wooded gully at the rear of Part 1 is proposed to be rezoned Environmental Protection Area (EPA) in keeping with the recently adopted environmental policies and Environmental Conservation Area designation (OPA No. 96) over the wooded gully. Site Conditions and Surrounding Land Uses The portion of Part 1 next to Swayze Drive is a grass covered field. The rear portion is a wooded gully. An underground sanitary sewer traverses the gully portion of the site. Part 2 (Ker Park) is primarily developed with playing fields. A gravel parking lot and several mature trees exist in the portion of the park that is intended to be used to supply most of the required parking for the proposed recreational facility across the street. 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: October 3, 2011 - 2 - PD- 2011 -68 BACKGROUND Proposal Regional Municipality of Niagara No objections from a Provincial or Regional perspective. CN Rail A 30 metre setback from the adjacent railway right of way, while not required, is recommended. Any access points to the property need to be set back 30 metres from the railway right of way. A 1.83 metre high chain link fence needs to be erected along CN Rail's property and drainage cannot impact on the railway. October 3, 2011 - 3 - PD- 2011 -68 • Transportation Services A traffic study will need to be completed to address impacts on Swayze Drive and nearby intersections, traffic safety and a pedestrian crossing to the off - site parking. No objections with the usage of the parking lot in Ker Park. The two groups that would primarily use it have different peak periods (baseball in the summer, indoor soccer in the winter). The traffic study should look at usage of this lot to ensure there are no conflicts. • Municipal Works Storm and sanitary sewers are available to service the site. The applicant will be required to extend water service to the land. A sidewalk should be constructed along the north side of Swayze Drive, from the terminus of the existing sidewalk west of the site to provide access to the property. This portion of Swayze Drive has been flagged for reconstruction or repair. Coordination should occur between the applicant and the City if any improvements are necessary to accommodate the development • Parks and Recreation At the site plan stage a detailed survey of the portion of Ker Park affected by the parking lot expansion should be submitted. If there are any future changes to the park orientation, the expansion of the parking lot may limit design. A shared -use legal agreement for this parking lot should be executed to permit users of the baseball fields to continue to park here. - Details of tree protection measures for the wooded area on Part 1 should be provided at the site plan stage. Building Services, Legal Services, Fire Services, Niagara Falls Transit - No objections. Neighbouring residents Letters from three residents received to date are on tonight's agenda. One letter raises concerns about traffic safety on Swayze Drive, finances and buffering of residences to the west and a second letter from the same resident indicates certain concerns have been addressed. The other two letters support the proposal. Neighbourhood Open House Approximately 20 persons attended a neighbourhood open house on August 31, 2011. Residents questioned the impact the proposal would have on Ker Park and the potential loss of parking for activities there. Residents were advised that only October 3, 2011 - 4 - PD- 2011 -68 the north -east corner of the park was intended to be used for parking and because the soccer facility would be used primarily in the winter, parking in the expanded parking lot would be available to park users in the summer. The applicant indicated he would try to replant the trees that would have to be removed for the expanded parking area. Concerns were raised about the restaurant and the clinic being open to the general public and the restaurant being licensed. The applicant clarified that the restaurant (a cafeteria) and the clinic are intended to serve patrons of the facility and that the restaurant would not be licensed. Concerns were also expressed about buffering the nearby townhouse development from the facility. The applicant indicated that he would be willing to meet with residents at the site plan approval stage to discuss these concerns and would be amenable to putting up a wood fence along the west property line to screen the parking area from view. Questions were also raised about financial matters, however, staff noted that the meeting was only intended to address land use matters. ANALYSIS 1. Official Plan The southerly portion of Part 1 where the recreational facility is proposed is designated Residential in the City's Official Plan. Recreational facilities are permitted on Residentially designated lands where they are compatible with the residential environment. Such uses are to be located on collector or arterial roads if they have the potential to generate a significant amount of traffic. Through the adoption of OPA No. 96 Council recently redesignated the wooded gully at the back of Part 1 Environmental Conservation Area. Lands under this designation are primarily intended for conservation. Part 2 (Ker Park) is designated Open Space. Open Space lands are intended to be used for a wide variety of recreational uses and public parks. The proposed development complies with the Official Plan as follows: The land use designations of the subject lands permit their intended use. The uses requested to be added to the zoning of the lands are ancillary to the recreational facility. The lands are located on Swayze Drive which is identified as a collector road. The road has convenient access to the City's arterial road system. The hydro transmission corridor which abuts the proposed recreation facility to the north -west serves to buffer residential uses to the north -west (Parkview Estates). Fencing and /or landscaping along the northerly boundary of Part 1 could assist in mitigating potential impacts of noise and lighting. The wooded gully will be conserved and protected. The area of Ker Park affected by the rezoning is intended to be used for shared parking between the soccer facility and City facilities. Expansion of the parking lot does not appear to affect the existing baseball diamonds. Maintaining the landscaped buffers as shown on Schedule 2 and retaining October 3, 2011 - 5 - PD- 2011 -68 and replacing trees as necessary will ensure the park character is maintained. 2. Zoning By -law The current OS zoning on Part 1 permits recreational uses including indoor recreational facilities. The zoning amendment is required to adjust the standards to accommodate the proposed building, add the requested ancillary uses and to permit a portion of the parking to be provided off-site. The OS zone requires a lot area of 2 hectares. The current lot area is 1.3 hectares. Because 0.58 hectares are recommended to be zoned EPA, the useable site area will be 0.77 hectares. This area is to be recognized as the developable lot area. Due to rezoning part of the lot EPA the lot coverage provisions need to be adjusted. The 60% coverage requested represents the building area on the developable portion of the lot. Building height is requested to be increased from 10 metres to 16 metres to accommodate the internal clearances required for the activities in the building. The substantial buffer of the hydro corridor and the wooded area of the site will mitigate impacts on surrounding residences. The requested building setbacks are necessary due to the irregular, triangular shape of the property. These include a reduction in the front yard setback from 10 metres plus 11.5 metres from the centreline of Swayze Drive to 7.5 metres plus 10 metres from the centreline of Swayze Drive and a reduction in the easterly side yard setback from 10 metres to 2.8 metres to accommodate a building corner near the railway. Although the proposed building complies with the rear yard setback, a 0 rear yard setback to the EPA zone is recommended to accommodate the introduction of the EPA zone. The applicant is requesting a restaurant (proposed cafeteria), clinic and retail store (proposed pro -shop) to be added to the list of permitted uses on part of Part 1. These uses are typical of ancillary services found in other recreational facilities. To ensure they remain ancillary a combined maximum floor area of 300 square metres is proposed. It is recommended that the amending by -law include a provision to limit the floor area to this amount. According to by -law standards the proposed facility requires 148 parking spaces, of which 41 spaces will be provided on -site. Since the majority of Part 1 is required for the building, the remaining 107 required spaces are requested to be provided across the street in Ker Park. To ensure the safety of pedestrians crossing the street an appropriate crosswalk will have to be secured at the site plan approval stage. The wooded gully at the back of Part 1 is proposed to be placed under an Environmental Protection Area (EPA) zone to implement the Environmental Conservation Area identified in the Official Plan. This zone would limit the use to conservation, forestry (for any necessary management of the woodlot), wildlife management, Conservation Authority works and construction and maintenance of infrastructure. The zone boundary would follow the tree line as identified on Schedule 2. October 3, 2011 - 6 - PD- 2011 -68 3. Other Matters The applicant will be required to enter into an agreement with the City to secure use of the parking area in Ker Park. Although the recreational facility will be used mainly in the winter, it is expected there will be some usage during the summer (ie. gymnastics and martial arts). The agreement should address shared use of the parking area between the facility and park users. The development of the project will be subject to site plan control. Through site plan approval matters including landscaping and buffering, grading and drainage, any necessary turning lanes and crosswalks as determined by a traffic study and lighting will be addressed. CITY'S STRATEGIC COMMITMENT The proposal complies with the City's Official Plan with respect to locating recreational facilities in Residentially designated lands. The proposal will also provide recreational facilities for Niagara Falls residents. The proposed EPA zoning for the woodlot will protect a natural resource. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended By: Respectfully Submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planr}ing, Building & Development /did/ Ken Tddd, Chef Ad rrr jiistrative Officer S: \PDR\2011 \PD- 2011 -68, AM- 2011 -011, Swayze Drive, Niagara Falls Soccer Club.wpd October 3, 2011 - 7 - SCHEDULE 1 PD-2011-68 1_1 LL VINE - VIA ST ,- -T" 1 Location: Swayze Drive West of CN Railway Applicant: Niagara Falls Soccer Club Fri 11 1 Amending the Zoning By-law No. 79-200 October 3, 2011 - 8 - SCHEDULE 2 PD- 2011 -68 From: Nordene Miller Unit 424 Parkview Estates (Muriel Nordene Miller) 5787 Swayze Drive Niagara Falls ON L2J3W3 (Own Unit) Date: August 22, 2011 To: Alex Herlovitch — Director Planning & Development City Of Niagara Falls Ontario ,./' Mayor And/Or Acting Mayor(s) Niagara Falls ON Current Council Members Niagara Falls ON Re: Your Undated Letter: Zoning By -Law Amendment AM- 2011 -011 Applicant: Niagara Falls Soccer Club: Building Site Swayze Drive I AM OPPOSED AND DO NOT WANT ANY BUILDINGS ON THIS PROPERTY AS FOLLOWS: AND DO NOT WANT THE HYDRO RIGHT OF WAY DIRECTLY BEHIND MY UNIT USED AS PARKING LOT. UNLESS: Proposed Owner(s) build a 12 -Feet High Solid Material Barrier Running Along The Entire Easterly Property Line Of Our Complex: Starting at the northeast corner rear property line (behind Unit #21) and extending southerly along that corridor (Hydro Towers & Overhead Lines) to end at the front end of Unit #1 (One). Then maybe a 6 -Feet High Chain -Link Fence going a few feet from Unit #1 to sidewalk. Parking Lot Detriment: Vehicle Lights Shining Unto Our Area: Units #22, 23, 24, 25, 26 & 27: Patio, Kitchen Window, Dining Room PatioDoor /Window and Second Storey Upper 2 Back Bedroom Windows. People peering in those areas. Noise from people, vulgar language, littering, pollution from vehicles, noisy engines /car parts, vehicle racing (after hours), this is dead end area at the northern perimeter. And a paved area could encourage skate boarders, roller bladers, and illegal activities (over years the Wooded Area attracts whatever and whoever). Units #21, 20, 19, & 18 (in that order) would be affected: Front Entrance, Living Room Window, and Upper 2 Storey Front Master Bedroom Window(s). Also Units #17 & 16 will also be affected. Continues On Page 2 For: Alex Herlovitch — Director Planning Development Niagara Falls ON Page 2 — August 22, 2011 - Proposed Soccer Club Building Site File: AM -2011 -011 North Side Swayze Drive Niagara Falls ON From: Nordene Miller — Unit #24 — Parkview Estates 5787 Swayze Drive Niagara Falls Ontario L2J3W3 The Building Site Areas should remain Vacant And/Or used in the summer months as grassy soccer area (that was done a couple years ago for girls). UNSAFE AREA: Mainline Railroad Track (sometimes 4 trains per hour) These trains at times carry three engines and over 180 cars that not only ties up Swayze Drive but Stanley at Whirlpool Rd. Churches Lane, Stanley Ave at City Yard Area, Thorold Stone Rd, Portage Rd, Drummond Rd, Morrison St. Dorchester Rd. Emergency Vehicles from Downtown cannot get into area (building site) and emergency vehicles & others cannot get to the hospital from this area. Shaking/Vibrations from railroad cars will sometimes be felt in building(s). Railroad Crossing is Unsafe: No High - Powered Light Standards to mark area. No barrier gates. Only Flashing Signals.....and in Foggy or Severe Snow/Rain conditions these lights are very dim to people unfamiliar with this area. No Street Light Standards along this area (east of 5787 Swayze Complex) Only One Fire Hydrant — nearer to 5787 Swayze Complex. No Sidewalk(s) — Sidewalk ends at the end of 5787 Swayze Complex Unit #1. No Public Transportation: No Buses. Nothing along Stanley Avenue. Limited Bus Service from corner Atlas /Judith Stop (person will have to walk approximately 2 blocks from that area down to building site) And over years this area had no service after approximately 6:15 PM. NO SEWAGE LINES — NO WATER LINES — NO STORM WATER OR RUNOFF LINES OR TRUNK TYPE LINES WERE `SUNK' BY THE CITY. From corner Judith/Swayze — Corner Heritage /Swayze to Stanley Avenue. For: Alex Herlovitch — Director Planning Development Niagara Falls ON Page 3 — August 22, 2011 — Proposed Soccer Club Building Site File: AM -2011 -011 North Side Swayze Drive Niagara Falls ON From: Nordene Miller — Unit #24 Parkview Estates 5787 Swayze Drive Niagara Falls Ontario L2J3W3 OPPOSED 100% DO NOT WANT ANY TAXPAYERS MONEY TO BE USED BY CITY TO PAY FOR SEWAGE, WATER, STORM WATER, UNDERGROUND UTILITIES, ETC. FOR THIS PROJECT. The City is actually using Property Owners' Money when allotting, giving waivers etc to Niagara Falls Soccer Club. Front Units #1 , #2, #3 would be subjected to more traffic and also noise from the parking lot adjoining eastern property line. This entire area is not suitable for such facility or even residential project. Perhaps Soccer Club could look into the Original Walmart building on Morrison Street.....One Floor (no elevators). Handicap friendly, plenty of bathroom facilities (front and back of bldg) massive lighted parking areas, local bus services drop -off area (even from Village of Chippawa Bus available). Perhaps McDonalds Restaurant could work -out Restaurant Agreement. And Walmart could make Taxable Charity Project to the Soccer Club for renovations etc.. Maybe Branscombe Family Charity Foundation could also be solicited. They may have land or building area available (part of former Optimist Park)? I am not opposed to the Soccer Club building a facility. But not in this area. No Sewage, No Water, Mainline RR Line, Lot Not Large Enough to accommodate building and parking area to accommodate their needs no public transportation, rr hampers emergency vehicles, do not want parking lot at the back of my unit #24 and/or abutting our eastern property line area. A portion of the Taxpayers' Parks & Recreation Money could be allotted to the Niagara Falls Soccer Club to help them secure a more suitable area to build their complex for the children of Niagara Falls and Village Of Chippawa. Respectfully Submitted: Nordene Miller �� From: Nordene Miller -- Unit #24 — Parkview Estates — Muriel Nordene Miller — Owner 5787 Swayze Drive, Niagara Falls, ON L2J-3W3 Date: September 21/2011 To: Alex Herlovitch — Director Planning & Development — NiagaraFalls,ON Andrew Bryce — Planner #2 — Planning & Development — Niagara Falls. ON Mayor Jim Diodati — Niagara Falls, ON Current Council Members — Niagara Falls, ON Re: August 31/2011 — Public Meeting — Zoning By -Law Meeting Amendment AM- 2011 -011 Re: My Letter August 22/2011 "Proposed Soccer Club Building Site North Side Swayze Drive" AMENDMENT LETTER — SEPTEMBER 21/ 2011 1 attended August 31'` Meeting. It was informative. Apparently Soccer Club and City Officials had discussions and the Soccer Club had amended/redesigned their plans. PARKING AREAS ADJACENT TO 5787 Swayze Drive — Eastern Property Line Hydro Corridor /Right Of Way Backing Unto My Unit #24 — East Property Line — "Overflow Parking Area ". SOCCER CLUB WILL NOT BE USING THIS AREA. Hence My adamant objection for parking here has been solved. Thank you. Soccer Club Property as shown on the "Screen" and described to attendees shows their West Property Line is further down Swayze Drive EASTERLY from the East Property Line Parkview Estates 5787 Swayze Drive. With On -Site Parking. All Overflow parking will use the "Existing South Side Swayze Drive Ker Park North Site #2 Parking Lot — across. 1 i r x`` 4 ECS EO SEP7 10 WOO MEETING HELD AUGUST 31/2011 CITY HALL PROPOSED SOCCER CLUB SITE KER PARK NORTH PARKING LOT — SOUTH SIDE SWAYZE DRIVE (ACROSS FROM PROPOSED SITE) Soccer Club request to use this area for '`Overflow Parking Spaces ". Lot would probably be extended East to RR. Existing trees to be replanted or replaced in new area (per Soccer Club). This would give more off - street spaces for the vehicles that now park along both sides of Swayze Drive — for baseball games /tournaments — especially during this past 2011 Season (safety factor for vehicles using Swayze Drive and the parked vehicles). Questioned was asked: Who maintains the lot during off - season baseball time? SOCCER WILL SNOW PLOUGH THIS LOT DURING WINTER. This is acceptable request to me. I am sure that if 2012 baseball season shows On- Street vehicles during Season — someone from Swayze Drive will be complaining to the City — wanting something done — now is Opportune Time — to budget for extending the Baseball Ker Park North Diamond Parking lot to accommodate more "off - street' vehicles. Good to see use of this area. FENCING ISSUE: Soccer Club Plans show Fencing to be erected. Their West Property Line Traveling North To Wooded Area. This would be the East Side of Property 5787 Swayze Drive the MAP indicates the Property Line is further down East from me. PRIVACY FENCING to be erected — height -type -etc. — to be requested by City By- Laws /City Building Codes. Etc. Please correct me if I had misunderstood the discussions. Soccer Cub to maintain the fencing. Acceptable to me. LANDSCAPING ISSUE: Soccer Club will be planting /maintain bushes /trees /plants — to enhance area — in accordance with any agreements. If existing trees, etc. are to be removed for construction. Soccer Club plans to replace /replant in new area. WOODED AREA (on soccer property areas): To be fenced off. Safety Factor. (No Fencing exists now anywhere). MEETING HELD AUGUST 31 /2011 CITY HALL PROPOSED SOCCER CLUB SITE HOURS OPEN: (Questioned Asked At Meeting) "Is this 24 -hour facility? NO — Never Intended to be one. Lots of Other Questions. And Discussions. SEWAGE LINES WATER LINES STORM SEWERS: MY LETTER AUGUST 22/2011. My Telephone Conversations and Personal Conversations: Discussions with Mr. Andrew Bryce (Phone) And Developer Mr. George Bandi (Personal) (He showed me the actual plans /drawings indicating the Sewage /Water Lines in the Wooded Area). YES YES THEY ARE THERE SEWAGE LINES WATER LINES, ETC IN WOODED LOT AREA SURPRISE SURPRISE. These lines are running under RR and directly into Sewage Pollution Control Plant Stanley Avenue. Soccer Club plans to "Connect/Hook" into these lines — from the back/northern portion of their building site. It is my understanding that length from building to LINES would be about 125 Feet (I was taught Old Math). I stand to be corrected here. I have problem about costs. ESPECIALLY TAXPAYERS MONEY. My objection was based on TV Council Meetings: (Which I try to watch) not too long ago Council requested City to REFUND ALL MONIES PAID OUT BY PURCHASER OF CITY LAND — south side of Swayze Drive — directly across from 5787 Swayze Drive — he had bought Advertised Land From City found out that there were NO SEWAGE WATER LINES RUNNING ALONG — but S WAYZE DRIVE IN THIS AREA. Cost to hook up would be beyond reason. Council To City: Refund All Monies Paid Out By Purchaser. Return Land to City. Place the land in "Non - Saleable Category" so this will not happen again. QUESTION OF MONEY WAS DIRECTED TO SOCCER CLUB REP. MR. CHAMBERLAIN: "MONEY SOURCE? Mr. Chamberlain mentioned that Soccer Club will apply or applied to Government for "P -3 Canada Fund Grant" In the amount of One Million Dollars Canada Money. This money to be used for costs, etc. If this is granted, I propose The money should pay for the Sewage /Water Lines. This would eliminate "Taxpayers Objections Using Sewage /Water Budgeted Money" Especially Mine. MEETING HELD AUGUST 31/2011 CITY HALL PROPOSED SOCCER CLUB SITE Would -be parking behind East Property Line 5787 Swayze Drive (Hydro Corridor) solved for me. Thanks. Hopefully Taxpayers Money (huge amount) will not be used. AND Soccer Club receives applied -for Grants that would be used for payment Sewage/ Water Lines Development Hook -Ups. Other concerns listed in my letter August 22 /2011 were answered by Mr. Bryce and Mr. Bandi. Thank You. Nordene Miller — Unit #24 — Parkview Estates - 5787 Swayze Drive Niagara Falls ON Mr. Alex Herlovitch, Director of Planning and Development, City of Niagara Falls, City Hall, 4310 Queen Street, L2E 6X5 Niagara Falls. Dear Mr. Herlovitch: Regards, M: Jane and Reg aus 576 Vine Street, Niagara Falls, Ontario, L2J 1K8 Re: the proposed Zoning By- law Amendment AM- 2011 -011 We own our home and live on Vine Street here in the city. Kerr Park lies within a short walking distance from the house. We are both very supportive to an idea that supports organized activity for our young people, and we support further your plan to build a soccer facility, accompanied by other related activities and outlets for the purpose of engaging the youth of our city and area, and developing soccer teams for future competition. We also appreciate your concern over the wooded area at the rear of Part 1, further supporting the intended rezoning: Environmental Protection. In all likelihood we will be unable to be present at the meeting set for October 3 and trust that this note will be considered our assent to the project. Please inform us if this response is insufficient, SEPG 92011 1 rlt Mr. Alex Herlovitch, Director of Planning and Development, City of Niagara Falls, City Hall, 4310 Queen Street, L2E 6X5, Niagara Falls, Ontario Dear Mr. Herlovitch: Re: the proposed Zoning By -law Amendment AM- 2011 -011 I own my own home and live on 5765 Vine Street (L2J 1 K8) here in the city. Kerr Park lies within a short walking distance from my house. 1 am very supportive to an idea that supports organized activity for our youth, and 1 support further your intention to build a soccer facility, accompanied by other related activities and outlets for the purpose of engaging the young people and others, and hopefully developing soccer teams for future competition. 1 also appreciate your concern over the wooded area at the rear of Part 1, further supporting the intended rezoning: Environmental Protection. I will not be able to attend this important meeting set for October 3 and trust that this letter will be considered my assent to the project. Please inform me if this is insufficient, Regards, Ms. Lesley Jacobson. lo: Niagara Falls ('ith Council / Monday, September 26, 2011 ZONING In -L A \\ .AMENDMENT ANTIC . TIUN (TIN FILE: AM-2011-011 I g opposed to the \pp! cation as proposed h\ the :Applicant: one of the ancillary recreational d cnants as disclosed at the open house: the use of \I 1 Ker Park for off -site parking and any ( rants, relief of Development Charges. Prupert; taxes. etc .. hv the City of Niagara Falls. I am n, opp0se;.1 10 a Hain, tier the sole use of the Aiinor Soccer . -\ssociation. although 1 am not c >n (need that steel( _t Hatt), i required. Minor Soccer Is a Summer Sport and coaches prefer to practice in the medium on \\ hid; the\ piav competitive games. Furthermore ma■ of the ■oung soccer player: practice and play Alinor I locke' in the Winter. Also where is the need for a 'stand alone" minor Soccer Facility w hen as noted at the ()pen llouse there is adequate time available at the Sports Complex on Sinnicks - \v cnue. the Hoot area noted at 5.o)1 sqm use almost all the Property and only allows for 40 on -site p,1rk.irig ;slots. this proposal has ohv iously not been planned for Minor Soccer activities but fi,r on: specific - ancillary recreational use' namely the [MITI (1.1 13 and to maximize the number of pay ing :pcctators at their 1Ri11 I \R d ITS_ Reference the attached article from the Niagara Falls Rev few archives. 1 would also remind you of the v ideo ()Imo 8 r odd hovs fightin =g in England and 1 quote 'in front of :1 crowd tit severely inebriated ' \dolts \t the ( )pen I louse i was noted that there would he 2 - fields' in the t acility and based on the Site flan this v<< he appro\ x,000 sqrn. if you allow stn additional 1.000 sqm for change- rot nts_ office _ washrooms. etc_. then a Facility otapprox 4.01)0 sqm would he More than adequate for A1inor :tioceer and some other ;medlary uses. 1 his reduction in 'footprint would allow at least . s0 more parking. slots hri i in:2 the total on -site parking to 90 therehv eliminating the need to allow off -site parking (m public 1>ropertc at \d 1 Ker Park Prior to ( itt Parks Staff blacking of the present (subject) parking lot on Swayze drive in the \\ inter_ the tr ;ant ( (Ithc ( undo Complexes north oldie proposed Facility were often littered with debris. this ;gas IF')111 p;.trV<<_rers leav irtg the lot Lind (irk inv.. up tivcavIe. I{owever this kVas nt.■thing compared to the debris in the parking lot itself. The blue garhage hin was overflowing. take -out cartons heel bottle.. used eondom. :;. etc littered the lot. What will it he like if re- opened m the winter and tw l ee t h e si p ku .r + it the 1 acilit' is allowed as planned there will he litter from hundreds of - others - . 'Vehicle traffic on Swine Drive is relati:ely quiet. t here were complaints sometime ago about spcedin with a solution hein�, to adopt similar measures as Portage Road north of Churches 1 ,uic_ ..this how e\ was not adopted. I eau not im 1y hat it will he like a l t e r 1 1 ( )1 1 1 NI( i l l I S vv ith hundreds of vehicles on Swine 1)riye up to midnight and possihly biter 11 this Faerht: a:, proposed. is a1lowcd. \a pus \ let can Sw tc 1)ri e _.. i oII ( -'04U0t)21761500O0 :01 71 \1 \ 'tRit REVIEW Fight Club's night of knockouts rjN s A!!! r.)[ N 3! Chengsahead %w.: 4eto e t 11C - 0,174m.:441 , ..F•14 t-'4" h4,44,1 fics 274 SI 214vkl.Y. 11:45 • and._ wo J www.fallschev.com r 0. jo ,er ir;.1 ns our rle said The ptoolerns ro0osea 0o oast between ' • `I■ 0.- Oop .4 nu to.at Nnat 3i 00m 10n .■• ." .. •1 e • ews Der 18 StYeet P4.494.4 AU, ttehit:roakkikfigtreaw' 11 RtALi" o Niagara Fans Overca s 0 Hot /IA De Each And Every Da' • - CV g, 3! a! e these ci ^L Start ve.rgul? r. HI r• • :.1TL..4SSES • To: Niagara Falls City Council Monday, September 26, 2011 ZONINC -LAW .NMENDMENT APPLICATION CITY FILE: AM-2011-011 k(111 D is PETITION FROA1 REsIDENP, OF SNA AN ZE DRIVE OPPOSINC THE ABOVE APPI.B. ZONING 131 -I, NAN .A\-1EXD\IENT :1PPLIC.ITION CITY" FILE: A\I -2011 -011 1\ I ARE OPPOSED 10 I HE ILIT1 :AS PI. VNNED, THE I SE OF P \RkI \(: A l . :\lF KER F'.\Rli" \II) 1`\ F1'\DING 13\ THE T.AXP:AYERS OF NI.A(.AR:A F:1LLS. \\ F . BELIE\ F: T I 1 1 1 1 IS CO:A11t 1 "I F EN IN:11'PROPRI.-ATE FOR THE MINOR SOCCER :1SSO('i \TION 1() BE OPF.R -1 FING IN THE SAME 131'ILDFX(; _AS TIIF FR ;FI (Lt 13 C.-AN ND N.. Fo: Niagara Falls (it. Council Saturday, September 24, 2011 �IC. ATt Rk: Niagarapalls 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 -67 AM- 2011 -008, Zoning By -law Amendment Application 7537 Thorold Stone Road Applicant: Gales Gas Bar Limited Agents: Ken Gonyou, Taro Planning John Broderick, Broderick and Partners Redevelopment of a Gas Bar & Expand List of Permitted Uses RECOMMENDATION 1. That Council approve the application to rezone the land a site specific Automobile Service Station and Gas Bar (AS) zone to facilitate the redevelopment of the site with a new gas bar and automatic and manual car washes, add a convenience store and to expand the range of permitted uses. 2. Tha BACKGROUND Proposal val be subject to the p t of a holding (H) symbol on the land to address the requirem- 'egional Municip iagara EXECUTIVE SUMMARY PD- 2011 -67 October 3, 2011 The applicant has requested a zoning amendment to facilitate the redevelopment of the site with a new gas bar and automatic and manual car washes, add a convenience store and to expand the range of permitted uses on the land. This request can be supported because: the land is designated Major Commercial in the Official Plan and is intended to be developed for automotive service uses, retail, business and personal service facilities; • the development will complement the nearby Mount Carmel Centre; and, landscaping to compensate for the large paved areas will be sought through the site plan process; any landscaping not required for Regional road widenings should be in the form of a planted landscape. A holding (H) symbol has been requested to be placed on the land until measures to address traffic and site access concerns are completed to the satisfaction of the Region. An amendment is requested for a 0.62 hectare (1.54 acre) parcel of land known as 7537 Thorold Stone Road (see Schedule 1). The property is occupied by a gas bar. The October 3, 2011 applicant is requesting a zoning amendment to add additional uses to the list of permitted uses on the property and to establish site specific development requirements in order to facilitate the redevelopment of the land into a new automobile gas bar, car wash and ancillary uses. Schedule 2 shows details of the proposed development. The land is currently zoned Automobile Service Station and Gasoline Bar (AS), in accordance with Zoning By -law No. 79 -200, which only permits an automobile service station, gasoline bar and car wash. Site specific regulations are requested to be applied to the land to add the following to the list of uses permitted on the land: convenience store; car or truck rental establishment; bake shop; bank, trust company or credit union; beer, wine or liquor store; office; personal service shop; restaurant; retail store; service shop; sightseeing tours establishment, sightseeing tourist information centre; and used car lot. The expanded range of uses is requested to allow alternative uses to be established on the land in the future. The applicant is also requesting site specific relief from the rear yard depth, canopy setback and canopy height provisions and a reduction to the number of required queueing spaces for the manual car wash. Site Conditions and Surrounding Land Uses The subject land is occupied by a gas bar and associated service, parking and driveway areas. The western part of the land is largely vacant with a billboard near the intersection of Thorold Stone Road and Montrose Road. The land is completely surrounded by commercial uses, including plazas, a gas bar, restaurants and retail stores. 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 -67 The intersection of Thorold Stone Road and Montrose Road is currently operating at over - capacity and development of the site will aggravate the situation unless measures are taken to enhance and improve traffic flow in the area. The development may be premature at this time. A 3 metre wide road widening will be required along the Thorold Stone Road and Montrose Road frontages of the property, along with a daylight triangle at the intersection of these streets. It is recommended a holding (H) symbol be placed on the land until completion of a Traffic Safety Impact Study and Functional Design, implementation of any recommended measures (including changes to site access) and execution of a site plan agreement to the satisfaction of the Region. • Ontario Ministry of Transportation (MTO) - Land use permits are required from MTO prior to construction. A 14 metre building setback is required from the QEW right of way. - A detailed review of the traffic study and a stormwater management plan will be completed at the site plan stage. October 3, 2011 • Transportation Services • Municipal Works • Parks and Recreation • Building Services, Legal Services, Fire Services, Niagara Falls Transit No objections. Neighbourhood Open House A neighbourhood open house was held on August 29, 2011 to explain the proposal and to answer questions. No members of the public attended the meeting. ANALYSIS 1. Official Plan - 3 - PD- 2011 -67 - No objections. A sidewalk needs to be constructed along the Thorold Stone Road frontage of the property. No objections. Services are adequate to service the site. Trees should be planted along the land's two frontages. - No objections. At the site plan stage landscaping should be required to enhance the streetscape. The land is designated Major Commercial in the Official Plan and is part of the Northwest Retail District which is intended to be used for a wide range of retail and commercial uses. Those lands not reserved for the Mount Carmel shopping centre near the intersection of Montrose Road and Thorold Stone Road are intended to be developed for automotive service commercial uses as well as limited retail and business uses to complement the shopping centre. Automotive service stations and gasoline bars are to provide significant areas of landscaping to compensate for the large paved areas required for on -site vehicular movements. The proposed development complies with the Official Plan as follows: The land is designated for commercial purposes and is part of a retail district. The land is adjacent to the Mount Carmel shopping centre and is intended to be developed for the types of commercial uses proposed. The expanded range of commercial uses provides complementary uses to the shopping district. The applicant has illustrated landscaping around the perimeter of the site to buffer the site from adjacent streets and assist in beautifying this intersection. However the Regional road widening requirements will likely result in the Toss of most of this landscaping. At the site plan stage Staff will use their best efforts to secure landscaping to provide buffering for adjacent streets and beautification to the gateway. October 3, 2011 - 4 - PD- 2011 -67 2. Zoning By -law The current AS zoning of the land permits an automobile service centre, a gasoline bar and a car wash. The gas bar that exists on the and is located close to the road and needs to be replaced. Most new gas bars include convenience stores to address the needs of the travelling public. Council has approved several zoning amendments in the past to accommodate them site specifically. The owner of the site wishes to construct a new gas bar and car wash facilities with an ancillary convenience store. To facilitate this and possible future redevelopment, the applicant is requesting the following uses to be added to the list of uses permitted on the land: • convenience store car or truck rental establishment bake shop bank, trust company or credit union beer, wine or liquor store office personal service shop restaurant retail store service shop sightseeing tours establishment, sightseeing tourist information centre used car lot The requested uses are appropriate as they are generally small in size, would complement the automotive uses on the property and support the commercial node. The applicant has requested amendments to development standards which are summarized as follows: • Minimum setback for a gasoline pump - requested from the north side lot line. • Maximum height of a gasoline bar canopy requested. 6 metres required /4.5 metres - 5 metres required /5.5 metres Minimum number of queuing spaces per car wash bay - 4 spaces required /2 spaces requested for the hand wash bays only. The automatic car wash bay will still be required to provide at least 4 queuing spaces. These changes are minor and necessary to permit the proposed buildings and structures. The requested reduction to the required number of queuing spaces for the manual car wash bays has been supported through a study and is not expected to have an impact on off -site traffic movements. The Region has concerns about the over - capacity of the adjacent intersection and access to and from the site and has recommended a holding (H) symbol be placed on the land. This H symbol would remain in place until a Traffic Safety Impact Study and a Functional Design has been completed and implemented to the Region's satisfaction and a site plan agreement, implementing and necessary measures, has been executed. The Region has noted that improvements within the future road allowances, including possible turning lanes, may be required. October 3, 2011 - 5 - PD- 2011 -67 CITY'S STRATEGIC COMMITMENT Approval of the requested zoning will support and foster commercial development in accordance with the City's Official Plan. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan Recommended By: Respectfully Submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development 1 Ken Todd, Chief Adm nistrati Officer S: \PDR\2011 \PD- 2011 -67, AM- 2011 -008, 7537 Thorold Stone Rd, Gales Gas Bar.wpd October 3, 2011 - 6 - SCHEDULE 1 PD-2011-67 subied 1 3 ' 0 7 0 THOROLD STONE RD 11 ----- Amending the Zoning ay-law No. 79-200 Location: 7537 Thorold Stone Road Applicant: Gale's Gas Bar Limited LOCATION MAP July 2011 THOROLD Si AM-2011-008 October 3, 2011 - 7 - SCHEDULE 2 PD- 2011 -67 Niagaraaalls 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 -66 AM- 2011 -002, City Initiated Official Plan and Zoning By -law Amendments Clifton Hill /Fallsview Tourist Areas Proposed Changes to Parking Requirements RECOMMENDATION PD- 2011 -66 October 3, 2011 That Council receive the input at the public meeting and direct staff to address any outstanding concerns at a future meeting of Council. EXECUTIVE SUMMARY The parking requirements contained in the City's Zoning By -law are over 30 years old. This City initiated amendment is being processed to adopt alternative parking requirements for certain uses within the Clifton Hill and Fallsview Tourist Districts that reflect the current demand for parking spaces. The alternative parking standards are based on the City 's parking demand study, prepared by AECOM consulting firm (formerly Totten Sims Hubicki), 2009, and a staff parking review. The amendment is also to eliminate parking requirements for certain uses between Victoria and Ellen Avenues. The proposed amendments include the removal of the zoning "marriage" of 5609 Ellen Avenue to 5020 Centre Street for the provision of required parking. At this time staff is working to resolve concerns regarding the extension of a parking exemption for certain uses along Victoria Avenue. A future report will be presented to Council at a subsequent meeting. BACKGROUND Proposal The proposed Official Plan policies will introduce site specific policies which will provide opportunities to establish different parking ratios for specific uses in the tourist area, establish an area of parking exemption for existing buildings only and provide an option of 3 different alternatives to calculate parking requirements in the central tourist district; and to eliminate the requirement for off -site parking associated with 5020 Centre Street. The proposed Official Plan policies will also clarify how the parking requirements are to be applied and how they can be amended. The proposed Zoning By -law amendment establishes decreased parking requirements for October 3, 2011 - 2 - PD- 2011 -66 The proposed Zoning By -law amendment establishes decreased parking requirements for restaurants, retail stores, museums, theatres /cinemas and ancillary retail, conference and restaurant space to hotels). The proposed Zoning By -law amendment would establish increased parking requirements for hotels and motels. Hotels would also have the option of substituting bus parking for vehicle parking (1 bus for 20 parking spaces - maximum of 2 bus substitutions). These amendments would only affect the above uses within the Clifton Hill and Fallsview Tourist Districts as shown on Schedule 1. As part of the proposed Zoning By -law amendment, the parking exemption established by By -law No. 81 -199 would be extended along Victoria Avenue to Roberts Street, as shown in Schedule 2. This would exempt the following uses in the Tourist Commercial zone from having to provide parking: art galleries; bake shops; bank, trust companies, credit unions, currency exchanges; beer, wine or liquor stores; clothing stores; day nurseries; drug stores; food stores; health centres; personal service shops; places of worship; private clubs; restaurants; retail stores; service shops; souvenir stores; tobacco stores; gasoline bars; and timeshare offices. It should be noted that this is a corrected list from the list that appeared in the notice of public meeting. The notice of public meeting was based on an incorrect list and indicated that uses such has hotels were to be exempt from parking, which is not the case. This will be corrected in the notice for the future public meeting. Parking Demand Study Over the years the City has received several parking demand studies requesting lower parking requirements for developments in the tourist core. In each case, the studies all recommended lower parking requirements. Although the results from the consultants appeared reasonable given the information provided, the methodology of how and why the lower parking requirements were justified varied between consultants. Also, the consultants surveyed only one similar site and made a comparison between the proposed site and the one site surveyed. Given potential fluctuations in results based only on one survey site, it was believed that it was necessary to survey several similar sites to obtain a more accurate and realistic parking demand results. Therefore, AECOM was hired in 2005 to carry out a comprehensive parking demand study on behalf of the City for the Clifton HillNictoria Avenue and Fallsview Tourist Districts. The objective of the study was to establish updated parking requirements for various land uses within the Clifton Hill and Fallsview Tourist Districts. In 2009, the City completed the parking demand study. Staff are now proceeding with the necessary Official Plan and Zoning By -law amendments to implement the study's recommendations. Site Conditions and Surrounding Land Uses The subject lands are the Clifton Hill and Fallsview Tourist Areas and are shown on Schedule 1. These areas are the main tourist areas of the City and provide a wide range of tourist attractions, retail stores, restaurants, and accommodations (hotels /motels). Numerous properties do not provide on -site parking and rely on parking lots on other sites. In some cases these off -site parking lots are located outside the Clifton Hill and Fallsview Tourist Areas. October 3, 2011 - 3 - PD- 2011 -66 Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City Divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara No concerns. Transportation Services - Request several typographical changes to the proposed Zoning By -law amendment to better clarify the new provisions; Have concerns with extending the parking exemption along Victoria Avenue to Roberts Street because this was not examined in the parking demand study and, consequently, do not support the extending the parking exemption; and Does not support eliminating the off -site parking requirement for the business at 5020 Centre Street since there is no basis to support a parking requirement less than the rate identified in the study. Municipal Works, Fire Services and Legal Services - No objection. Neighbourhood Open House Public meetings were held on June 17, 2009 and January 25, 2010 to assist in the completion of the study. Several concerns with the study's recommendations were raised at these meetings and most were resolved. The unresolved concerns were raised again at the neighbourhood open house and are explained below. A neighbourhood open house was held on June 21, 2011 to assist the public in understanding the proposed amendments. The meeting was attended by 9 people representing various businesses within the subject area. A presentation was made by the consultant responsible for preparing the study to provide background information and explain the study's recommendations. Several business owners had questions relating to how the new zone provisions would be implemented. In addition, a concern was noted about not allowing up to 5 bus substitutions for parking. It was explained that the bus substitution was included as an alternative for any hotels and motels which require more parking be provided under the new standards. In addition, a concern was raised about not being able to submit parking demand studies for uses that were examined in the study. Staff explained this work was a comprehensive examination of the district and explained that individual parking demand studies could still be submitted for uses that were not examined by the study. Furthermore, businesses can use one of three methods to calculate parking requirements. October 3, 2011 - 4 - PD- 2011 -66 The issue of extending the existing parking exemption on Ferry Street to include the rest of Victoria Avenue as far as Roberts Street was raised. This has been introduced into the Zoning By -law amendment for consideration. ANALYSIS /RATIONALE Provincial Policy Statement and Growth Plan Provincial policies focus on managing growth and supporting strong economies. The proposal would assist achieving sustainable tourism and economic vitality for the Clifton Hill and Fallsview Tourist Districts by reducing the cost to many business of providing parking. Staff considers the proposed amendments to be consistent with the Provincial Policy Statement and conform to the Growth Plan. Official Plan Policy 4.5.2 provides that the City will review parking requirements as they apply to the Central District. The parking demand study was initiated to fulfill this. As a later phase of the ongoing Sustainable Transportation Master Plan, parking for the entirety of the City will be reviewed. The proposed Official Plan policies would allow the establishment of separate parking requirements for the Clifton Hill and Fallsview Tourist Districts from the rest of the City. The proposed Official Plan policies would also enable alternative methods of calculating parking requirements in the Clifton Hill and Fallsview Tourist Districts. Property owners would be given the opportunity to use either the current parking requirements, the requirements contained in a site - specific Zoning By -law, or the proposed parking requirements, but not a combination of the three. Finally, the proposed policies would prohibit the submission of parking demand studies for uses that were examined by the study. Since the parking demand study was done on a comprehensive basis for the whole tourist core, it represents the most current and most accurate calculation of need versus demand. Extending the parking exemption along Victoria Avenue was not examined as part of the parking demand study. The consideration of a parking exemption for the area had previously occurred in 1979 -1980 and was intended to encourage redevelopment and expansion. While there appeared to be some merit at that time, it was never implemented through the Zoning By -law. Staff undertook a review of the parking provided to tourist commercial uses in existing buildings. It was found that hotels and motels were providing parking either on -site or at approved off -site locations. Other uses (souvenir stores, attractions, and restaurants) in existing buildings had either insufficient parking or no parking to meet the zone requirements. Accordingly, it is reasonable to consider extending parking exemption as shown in Schedule 2 for existing floor areas of retail stores, restaurants, attractions and similar uses. The Official Plan requires parking facilities to encourage the efficient and safe functioning of the transportation system, meet the needs of the travelling public and integrate well with the community. The proposed zoning amendments will better ensure that the parking requirements for the affected uses reflect the actual parking demand. The new standards Land Use Option 1 Option 2 Motel 1 space per 1.3 rooms 1 space per 1.25 rooms Hotel 1 space per 2 rooms 1 space per 1.25 rooms Ancillary Restaurant to a Hotel 1 space per 10 seats <300 seats = no additional spaces >300 seats = 1 space per 15 seats above 300 seats Ancillary Meeting /Convention Rooms to a Hotel 1 space per 5.5 m of assembly space <1400 m = no additional spaces >1400 m = 1 space per 66 m above 1400 m Ancillary Retail to a Hotel 1 space per 25 m floor area No parking required Museum 1 space per 50 m floor area 1 space per 150 m floor area Restaurant 1 space per 5 seats 1 space per 10 seats Retail Store 1 space per 25 m floor area 1 space per 60 m floor area Tattoo Studio 1 space per 40 m floor area 1 space per 2 seats Amusement game establishment 1 space per 5 people legally occupied 1 space per 75 m floor area Theatre /Cinema 1 space per 5 seats 1 space per 10 seats October 3, 2011 - 5 - PD- 2011 -66 should help eliminate problems of parking in adjacent residential areas by better ensuring there is not a parking deficit. In addition, it helps prevent the oversupplying of parking resulting in large, unused parking areas that are costly to maintain. Accordingly, staff consider the proposed amendments to be consistent with the intent of the Official Plan. Zoning By -law The subject lands are predominantly zoned Tourist Commercial (TC). Numerous properties have site specific regulations. The proposed zoning by -law amendment will not change any land uses, only the parking requirements for several uses in the TC zone. During the various stakeholder meetings that have taken place since the completion of the parking demand study, staff were asked how the new parking requirements would be implemented. Several property owners have requested that they have the option of using the existing parking requirements under Zoning By -law 79 -200, particularly the owners of motels and smaller hotels. Accordingly, Planning staff propose that property owners have the options of using the current parking requirements (Option 1) or the new parking requirements (Option 2) as shown in the following chart: October 3, 2011 - 6 - PD- 2011 -66 A third option would be available for properties that have a parking requirement established in a site - specific By -law to continue to use that standard, if they so choose. In implementing the parking requirements, property owners would only be allowed to use one of the three options, not a combination. The parking requirement for a restaurant or meeting room that is ancillary to a hotel will be calculated only for restaurant seating beyond 300 seats and meeting room floor area above 1400 square metres. Restaurant seating and meeting room floor area below these thresholds is exempt from providing parking. Most land of the uses identified in the parking demand study required Tess parking than currently stipulated in Zoning By -law 79 -200. Motels and hotels would be subject to higher parking requirements. This was somewhat offset for hotels by a reduction in the required parking for restaurants, retail space and meeting space ancillary to a hotel, however, the hotel would have to contain a high amount of ancillary uses to achieve a net benefit. Where there is no net benefit, the consultant proposed a bus parking substitution for hotels of 1 bus parking space for 20 regular parking spaces with a maximum of 2 substitutions is proposed. Several stakeholders have requested that the maximum substitution be increased. Staff does not support additional substitutions since further reductions to the number of car parking spaces at hotels may result in parking space shortages particularly during the summer when the parking demand period for cars peaks. Those property owners who would require more than 2 bus substitutions would likely benefit from the option of using the existing parking requirements of Zoning By -law 79 -200. Stakeholders have requested that 1 bus substitution for 20 cars be given to theatres /cinemas as well. Staff is supportive of this change. Businesses that would be subject to a higher parking requirement would be able to keep their current parking requirement as noted above, thus removing any hardship. The question about the impact of the new parking requirements on credited (grandfathered) parking spaces has been raised several times by stakeholders. The impact will depend on which parking requirement a property owner with grandfathered parking spaces uses when expanding a site. For example, under the current parking requirements, if a restaurant owner has 100 seats and they only provide 10 parking spaces, there are 10 grandfathered parking spaces (20 spaces required - 10 spaces provided = 10 spaces grandfathered). Under the proposed parking requirements, there would be sufficient parking (10 spaces required, 10 spaces provided) and there would no longer be any grandfathered parking spaces. The property owner would have to chose which parking requirements they wish to use at the time of redeveloping their property. Therefore, the effect of the proposed parking requirements on grandfathered parking spaces is largely decided by the property owner. The Victoria Centre Business Improvement association and several property owners within the subject Area, represented by Italia Gilberti, have requested that current parking exemption established in 1981 for parts of Ferry Street be extended between Victoria and Ellen Avenue from Ferry to Roberts Streets. The 1981 By -law exempts several uses (outlined earlier in this report) within the TC zones along Ferry Street. Several business owners think that the exemption would help local businesses expand. The Transportation Services Department does not support this request. Planning staff propose that the proposed parking exemption only be applied to the existing floor area of a use as it existed October 3, 2011 - 7 - PD- 2011 -66 on the date of passing the amending Zoning By -law. This would allow for redevelopment of the site up to the floor area that existed on the date of passing of the amending Zoning By -law. Any additions or larger redevelopment would have to provide parking based on which of the three options they choose. Prior to the open house staff were approached by the owner of 5020 Centre Street (Pat Ramunno) to consider eliminating the need to provide required parking off -site for his museum at 5020 Centre Street on the property known as 5609 Ellen Avenue. If Council eliminates the parking requirements for museums between Victoria and Ellen Avenues the zoning regulations that require 5609 Ellen Avenue to be used for the parking required on 5020 Centre Street will be redundant and should be repealed as a house - keeping measure. FINANCIAL IMPLICATIONS The proposed amendments will not result in any significant losses in revenue. Although parts of the subject area are a location where cash -in -lieu of providing parking is an option, most developers have opted to either provide the parking or apply for full relief such that no money was received by the City. The decrease in parking requirements could encourage development by decreasing the expense of providing unnecessary parking spaces or conducting studies to obtain lower parking requirements. CITY'S STRATEGIC COMMITMENT The proposed amendments are consistent with the City's strategic priorities as they help improve the economic viability of the Clifton Hill and Fallsview Tourist Districts. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Proposed Area for Parking Exemption • Attachment 1 - Draft Official Plan Policies Recommended by: Respectfully submitted: D.Deluce:mb Attach. itt S: \PDR\2011 \PD- 2011 -66, AM- 2011 -002, Tourist Area Parking OPA ZBA.wpd Alex Herlovitch, Director of Planning, B, ilding & Development Ken Todd, Chief . ministrative Officer October 3, 2011 - 8 - SCHEDULE 1 PD- 2011 -66 f 1 1 1 1 1 1 t 1 October 3, 2011 - 9 - SCHEDULE 2 PD-2011-66 1- - ' --' ' t 1 •"-- -- grAMFORDST 4,-- LORNE ST 1 ROBERTS ST tt, N tt, 5 October 3, 2011 4.5.2.1 The City completed a parking demand study in 2009 to review the parking requirements of restaurants, retail stores, motels, hotels, museums and theatres in the Clifton Hill and Fallsview Tourist Districts. The parking demand study determined that the Clifton Hill and Fallsview Tourist Districts are unique compared to other areas in the City because of the high number of day trips and overnight visitors who park once and make multiple stops while walking through the districts. Based on the 2009 parking demand study, the City may establish specific parking requirements to be implemented in the Zoning By -law for the Clifton Hill and Fallsview Tourist Districts. 4.5.2.2 4.5.2.3 4.5.2.4 When implementing parking requirements for the Clifton Hill and Fallsview Tourist Districts, the City may provide the option for land owners to use the parking requirements which applied to their land as of June 1, 2011, or an updated requirement based on the 2009 parking demand study but not a combination of both. The City will not support minor variances to establish such a combination. The City will not support parking demand studies submitted with applications for zoning by -law amendment for lesser parking standards than the prescribed standards in the Clifton Hill and Fallsview Tourist Districts unless such studies examine land uses not included in Policy 4.5.2.1. Further reductions to the parking requirements of the uses listed in Policy 4.5.2.1 may be accommodated through the City's cash -in -lieu of parking program. While it is the intent of this Plan to ensure that adequate off - street parking is provided for all development, consideration may be given to the reduction or removal of parking requirements for art galleries; bake shops; bank, trust companies, credit unions, currency exchanges; beer, wine or liquor stores; clothing stores; day nurseries; drug stores; food stores; health centres; personal service shops; places of worship; private clubs; restaurants; retail stores; service shops; souvenir stores; tobacco stores; gasoline bars; and timeshare offices within the area shown on Figure 5 *. Exemption from parking requirements shall be implemented through an amendment to the Zoning By -law. *See Schedule 2 to Report PD- 2011 -66 -10 - PD- 2011 -66 ATTACHMENT 1 City of Niagara Falls Transportation Services Department Inter - Departmental Memorandum To: From: David Deluce Planner 2 John Grubich, C.E.T. Traffic Planning Supervisor Extension 5214 September 21, 2011 Subject: AM- 2011 -002, Official Plan and Zoning Bylaw Amendment Application Clifton Hill & Fallsview Tourist Districts Parking Rates } Piann!r( ed r Transportation Services Department Staff have the following comments on the City- initiated tourist area parking demand study Official Plan and Zoning Bylaw amendment application.: The study was overseen and endorsed by Transportation Services Staff The proposed parking rates for the tourist area were derived from actual field surveys undertaken during the peak summer period. Throughout the study there were several meetings amongst staff as well as stakeholders which resulted in some changes from the original chart in the Tourist Demand Study and the final chart shown at the latest stakeholder meeting. To reflect these changes, Table E2 should be revised as follows: 1. Remove the "Night club/bar" category. This was discussed with Planning staff approximately 1 year ago who requested this category removed as a night club or bar is not a permitted use within the TC zone. 2. For ancillary restaurants in hotels, the wording regarding the "more than 300" seats be clarified to suggest that parking calculations would commence at 301 seats; i.e.,1 space per 15 seats commencing at 301 seats. 3. For ancillary meeting /convention space in hotels, the wording regarding the "greater than 1400 square meters" be clarified to suggest that parking calculations would commence at 1401 square metres; i.e., 1 space per 66 m commencing at 1401 m 4. For bus parking space substitution for hotels, reword to identify a "maximum 2 bus parking spaces." 5. The proposed rate for theatre /cinemas should be expanded as follows:1 space per 10 seats & 1 bus substitution in lieu of 20 parking spaces. Attached is the chart displayed at the June 21, 2011 stakeholder meeting that incorporated the above comments. The second part of the public notice relates to exempting various uses from providing parking in the Tourist Commercial zone within the area generally bound by Victoria Avenue to the east, Ferry Working Together to Serve Our Community Parking Control • Parking Operations • Traffic Operations • Transit Services • Transportation Planning Uses Proposed to be Exempt from Parking Uses Proposed to Continue to Require Parking Art gallery Assembly hall Bake shop Automobile service station Bank, Trust Company, Credit Union, Currency Exchange Convention centre Beer, wine or liquor store Drive -in restaurant Clothing store Car rental establishment, truck rental establishment, Public garage, mechanical Day Nursery Motel, Hotel, Tourist home Drug store Museum Food store Car wash, interior and exterior hand car cleaning Health Centre Exhibitions of wax works, automobiles, handcrafts, natural or artificial curiosities, freaks of nature Personal Service shop Recreational uses Place of worship Sightseeing tours establishment, sightseeing tourist information centre Private club Parking lot Restaurant Body -nib parlour Retail store Photographer's studio Service shop Place of entertainment Timeshare sales office Dwelling units in a building in combination with one or more of the uses listed in this section, provided that not more than 50% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. Souvenir store Gasoline bar Tobacco store Page -2- Street to the south, Ellen Avenue to the west and Roberts Street to the north. We are questioning the inclusion of this exemption as there were no previous staff discussions regarding this matter or more specifically the rational or potential impacts to future parking. The parking demand study was based strictly on the supply and demand of parking requirements for specific land uses within the area. Further reductions to parking supply by way of exemptions may negatively impact the parking supply in the area such that the city may be forced to construct parking in the future at the taxpayers expense. The following chart summarizes our understanding of the uses that are proposed to be exempt from parking in a Tourist Commercial (TC) zone, and those that would still require parking provisions. The third part of the public notice proposes to discontinue the use of the lands at 5609 Ellen Avenue as required parking for the businesses located at 5020 Centre Street. There are three businesses located at 5020 Centre Street: Rock Legends Wax Museum, Rock World Fireworks - Souvenirs - "- Shirts, and Niagara Souvenir Centre. Our study identified that there no basis to support a parking I trust this information is satisfactory. Page -3- rate lower than the results derived from the tourist parking demand study. Staff would request that cash -in -lieu to offset the reduction in the required number of parking spaces. C 'Documents and Settingstdd296tLocal Settings TempAPgrpwiseiTotinst Area Parking Demand AM-2011-002_1 wpd September 26. 2011 Attu: N1r. Alex 1lerlovitch Mr. David Deluce Planning rind Development Division City of Niagara Falls 4310 Queen Street Niagara Falls, 1,2E OX5 Dear NIL Hertoviteh and Mr. Deluce: . C A N A D I A N ate N i A c A r< A H o r F N t: RE: Proposed Amendment to the Official Plan, Parking Zoning Bv-law for the Clifton Hill and Fallsvicw Tourist Areas -- City File: .1M-2011-002 After careful review of the proposed zoning by -law amendment tier the Clifton Hill and Fallsvicw l`ourist Areas, Canadian Niagara Hotels has determined that the amendment would significantly increase the number of required parking spaces at our resort by an additional 684 spots. The proposal contemplates a change in the criteria for parking requirements apparently taken from a parking demand study. This new criteria penalizes those business with large meeting spaces. We would ask that the city_ reconsider the criteria, and not penalize those businesses which are striving to improve the economy of the City of Niagara Falls by attracting large conferences. Our corporation has lead the city with respect to tourism development and has executed a long term development plan over the last 20 years, developing this site into Canada's largest entertainment resort. 'I'lhis site already has approvals by the city for two more hotel developments. Any such change to the parking criteria, as proposed, would dramatically affect the viability of the business. We wish to be on record stating that we are opposed to this proposed amendment, and request that we remain under the current by -law provisions. We appreciate your cooperation on this matter. Sincerely, 14 A. L>ouglzas Birrell President Canadian Niagara Hotels Phone: (905) 374 -4446 ext. 4003 Mobile: (905) 650 -0214 Email: hirrel liniagarafallshotels.conl Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development October 3, 2011 PD- 2011 -69 PD- 2011 -69 Proposed Assembly Hall 2377 Dorchester Road (Fireman's Park) Niagara Escarpment Commission Development Permit Application N /L/2010 -2011 /357 RECOMMENDATION For the information of Council and that any comments of Council be sent to the Niagara Escarpment Commission. That Council supports the plan of the Stamford Centre Volunteer Firefighters (SCVFA) for a two (2) storey, 13,275 sq foot facility; that Council petition the Niagara Escarpment Commission for the appropriate approvals. The Stamford Centre Volunteer Fireman's Association has made application to the Niagara Escarpment Commission (NEC) to recognize the construction of a 2 storey, 13,275 square foot (1,233 square metre) assembly hall, whereas the NEC had previously issued a Development Permit for one storey, 7,451 square foot (692.2 square metre) private club. Construction was halted by Building Division staff when it was discovered that the building that was being constructed did not comply with the permits that had been issued. The City is not the approval authority for developments within the NEC Area. The City is a commenting agency, and the NEC can make decisions on development permits that may not correspond with the City's comments, depending on the development's consistency with the NEC Plan. While municipal zoning does not have any effect in the NEC Area, the Commission has regard for the local zoning when reviewing applications. As an assembly hall is an urban use, staff cannot support the current proposal for the building as it is outside the urban area boundary. Fireman's Park is located within the Niagara Escarpment Commission (NEC) Plan Area. Any development within the Plan Area requires the applicant to obtain a Development Permit from the NEC prior to a building permit from a municipality. The NEC overrides municipal jurisdiction in the Plan Area; as such, the City is only a commenting agency and the NEC may have regard for, but is not bound by, municipal comments. The NEC has to determine whether a development proposal complies with the policies of its Plan and issues its decision accordingly. October 3, 2011 - 2 - PD- 2011 -69 The Stamford Centre Volunteer Fireman's Association (the Association) has made application the NEC to recognize the construction of a 2 storey, 13,275 square foot (1,233 square metre) assembly hall. The NEC had previously issued a Development Permit for one storey, 7,451 square foot (692.2 square metre) private club. Construction was halted by Building Division staff when it was discovered that the building that was being constructed did not comply with the permits that had been issued. Planning staff had previously supported the development of a private club on the lands, given the fact that the underlying zoning on the lands is Open Space, which permits private clubs. Private clubs are defined in the Zoning By -law as: "PRIVATE CLUB" means a building or part ofa building used as a meeting place for members ofa charter organization including a lodge or fraternal organization but does not include a motorcycle club. In meetings with members of the club regarding the previous application, City and NEC staff were assured that a private club, not an assembly hall was being proposed. The current application seeks to permit the use of the building which more closely reflects an assembly hall. Assembly halls are defined in the Zoning By -law as: "ASSEMBLY HALL" means a building or part ofa building in which facilities are provided for meetings of a civic, educational, political, religious, social or recreational nature and which facilities are capable of accommodating in excess of 100 persons and includes a public hall within the meaning of The Public Halls Act. Accordingly, Planning staff advised the NEC that assembly halls are an urban use and are permitted in commercial areas given the nature of the use and their impacts. It is for this reason that assembly halls are not permitted outside the urban area. The use of the building under construction as an assembly hall is not consistent with a park or open space area. The occupancy of the hall is to be 350 people. Although the existing parking lot appears to have sufficient area to accommodate the 70 parking spaces that would be required for the assembly hall, there may be traffic impacts in the area due to the increased occupancy. For these reasons, staff has commented back to NEC stating that the following conditions be applied to a Development Permit: 1. limited to a one - storey building; 2. an occupancy of 100 persons; and 3. that the building be utilized as a private club for functions of Stamford Centre Volunteer Fireman's Association only. FINANCIAL IMPLICATIONS City Council previously provided grants totalling $32,753.64 to cover the costs of building permit fees, development charges, plumbing permit fee and sewer permit fee for the 692 square metre building. The proposed building is now 541 square metres larger which will necessitate an additional building permit fee of $8,423.37 and additional City development charges of $36,560.79. If City Council supports the SCVFA request and the NEC issues a Development Permit, any subsequent request for relief from development charges or building permit fees would require review and would be subject to budget considerations. October 3, 2011 - 3 - PD- 2011 -69 CITY'S STRATEGIC COMMITMENT Council's support of staff's position will be consistent with Council strategic commitment to a well - planned city. LIST OF ATTACHMENTS ► None. Recommended By: Respectfully Submitted: J.Barnsley:gd S: \PDR\2011 \PD- 2011 -69, NEC Permit, Fireman's Park.wpd Alex Herlovitch, Director of Planning, Building & Development 4. i Ken Todd, Chief Adminislj ative Officer PD- 2011 -73 Niagara October 3, 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 -73 5021 Garner Road Demolition RECOMMENDATION That Council not proceed with designation and that staff be directed to update its process for listing and notifying owners of potential heritage properties. EXECUTIVE SUMMARY The property located at 5021 Garner Road was listed on the Municipal Register of Heritage Properties in June 2011. The process of notifying other City divisions and the owner was not completed by staff. The City had previously issued a property standards order against the property due to the condition of the silo. The property is a farm, as such, the owner was advised that a demolition permit was not required for a farm building under the Building Code. As the owner was unaware of the heritage status of the property, he began demolition without providing the 60 day notice period required under the Act. Once the owner was made aware of the heritage status, he allowed City staff the opportunity to make a photographic record of the barn. The demolition of the barn and most other outbuildings has now been completed. The house and garage still remain on the property as of the writing of this report. BACKGROUND In May 2011, Jean Grandoni requested that the Municipal Heritage Committee consider recommending that the property at 5021 Garner Road (at the southeast corner of Garner Road and Beaverdams Road) be added to the Municipal Register of Heritage Properties. The registry is maintained by the City pursuant to s. 27 (1) of the Ontario Heritage Act. The property which is situated outside the Urban Area Boundary is zoned Agriculture, in part, and Hazard Land, in part. At the time, the property consisted of 73.9 ha (182.6 ac) of land, which is farm with a portion of the property at the corner of Garner Road and Beaverdams Road that contained approximately 9 buildings, including a house, several barns, a silo and outbuildings. October 3, 2011 The Municipal Heritage Committee submitted a recommendation to Council that the property be added as a listed property in the Register of Heritage Properties based on the design and physical value, historical or associative value and the contextual value of the property. The barn and silo reflected design and physical value provided by the style, material and construction method for rural agricultural buildings. Similarly, the contextual value was in the importance these structures had in maintaining, defining and supporting the character of the area. Council approved the listing of the property at the June 13, 2011 Council meeting. The Ontario Heritage Act does not require the notification of the property owner for listing of a property. The normal process following a Council decision is to notify the owner and also have the City Information Systems updated to indicate the status of the property has changed in that the property is now `listed' on the Municipal Register of Heritage Properties. The significance of this process is to notify both the various City divisions and the owner that the owner must give the City 60 days notice prior to demolition of the property. Unfortunately, this process was not completed, and the owner was unaware of the listed status of his property when he approached the City for a demolition permit. The 60 day notification period allows staff to review the application and provide an opportunity to work with the property owner to: - 2 - PD- 2011 -73 share information about the property's heritage value and the benefits of heritage conservation; explore ideas about how the building or structure might contribute to a proposed development or future use of the site; suggest alternative uses for the building or the property; provide an opportunity for the owner to sell the heritage property to a purchaser who would conserve it. A property standards order was issued by the City on the property on April 29, 2011 regarding the silo roof that had partially blown off in a wind storm. When the owner came into the City for a demolition permit, he was advised that farm buildings did not require a demolition permit pursuant to the Ontario Building Code. He was unaware of the requirement of giving the City 60 days notice of his intent to demolish. When the demolition of the barn began (September 16, 2011), Jean Grandoni notified the City and contact was made at that time with the demolition contractor and also the owner. The owner agreed to permit City staff to go onto the property and document, in photographs, the buildings that remained. Several buildings had already been demolished. The demolition was halted at that time as it was discovered that the barn was still connected to hydro wires that crossed Garner Road. Once the hydro was disconnected, the barn was completely demolished and, subsequently, so was the silo. The buildings which were found to have design elements and character defining features worthy of designation are now gone. The house remains on the property but it was not mentioned in the reasons for listing and is significantly altered from its 19' century appearance. The house is thought to be clad in asbestos siding, so a certified contractor will be required to safely remove the asbestos from the building and site. October 3, 2011 While it is unfortunate to lose a part of the agricultural qualities associated with the early settlement of Stamford Township, it is apparent the reasons for listing are lost and with it the basis for further research and designation. There are a number of important lessons which can be learned from this situation. When considering listing a property in the Register of Heritage Properties, the owner should be contacted at the outset so that he or she is informed of the intent, can contribute any known heritage knowledge he or she has of the property and is allowed participate throughout the process. Staff also needs to initiate proceedings to immediately update the City's computer data base so that listed properties are flagged in the property system. These changes should be implemented immediately. This report is being written without comments from the Municipal Heritage Committee which had yet to meet at the writing of this report. LIST OF ATTACHMENTS ► Appendix 1 - Photographs of property ► Appendix 2 - Letter from Jean Grandoni Recommended by: Respectfully submitted: AH /DI:mb Attach. S: \PDR\2011 \PD- 2011 -73, 5021 Garner Rd Demolition.wpd - 3 - PD- 2011 -73 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Admi fficer LIrt October 3, 2011 - 4 - APPENDIX 1 PD-2011-73 / .4i , 1 - fe-„- The Heritage Gommitteeof the City of Niagara Faiis 4310 Queen 3 t. Niagara Falls, Ont. L2E 6X RR # 1 Garner Rd. Niagara Falls, L2E 634 Sent. 21, 20II Members: Re. '`'unmcioal Heritage Register snd listed property at 5021 Garner Rd. at Beaverdars, souse, silo and Derolished Barn The sbove prooerte was listed on the Heritage Register of the Cite on June 13, 2011 Council Meeting under Council Report FD_ 2011 -3", June 13, 2011. +herein t'-+e City Well describes the merits of t'e property in meeting the criteria of Regulation 9/06 of the Ontario Heritage Act. The following is my own knowledge of the sight. Rouse - -- Built in r61 according to Staff Historical -- The Tadeson family owned and operated this far_„ along with the Cataract Winery. This was the first and only winery west of the QFW Lig'hway. The Winery was situ-ted just west of t'he house was used later as a owner recycling denot + tren demolished be the next owner. The winery- cea--ed operation only because Nr. Tadeson died at a young age. I hsve met with his sons who told re trey had started to sell their wine in Hamilton. I have a letter about the winery and t' - e kind of wine they made and a Picture of the inside. If the house is built with such strong wood as ' used in construction of the barn, then is is a vey strong solid home. F:cteri.or - -I don't believe the outside of t is house is dreliceted anV4fwhere in the Cite and certa my not in this area. It is being said the septic system needs replacing but this fact cannot be used against preserving the home as replacing and upgrading septic systems is co-mon to all whe reside in the country. A compost toilet can be installed instead at lower cost and are permitted by the Region. Silo -- a unique structure probably bei1ft same time as barn in 161. -- unusual construction as no longer built like this. a landmark admilred be all who pass by even during demolition of the barn. one such silo has been preserved in London, Ontario on a recent drive to Woodstock, I could not see any similiar structure in the countryside. -_It is being said that the silo is unsafeon the inside near ground level. This I believe can be corrected. An agricultural engineer should be consulted. -- Passersby stormed to chat and said they had taken pictures of these unique buildings and silo. It is ver-- much a place of interestend aesthetics. BARN - -- Yours truly, Jean Grandoni, 205- 356 -2962 CC, Cit- Council SEFr: )-2 aoii - ~ �. ere aione, built 1161, is of historical value unioue design es it is built into the side of a hill with a ramped entrance to the second storey Rai; Mow.Below the Now is t^e first storey where livestock are housed. the floor of the Now was as new - - -The Mow contained huge wooden beans abort on e foot square and half poles ET- Porting the roof. -- -This o roperty is a. jewel te t`,e agri- tourism industr-, a fact that is vet to be realized and unknown to most. - -- Nis rara -6ln- the -Bake cannot drolicate it _ e se sister-in-law's ( Christmas 2 nvicOS in the Ha Now of -- �ht,rc� held r th s barn with live animals taking cart. 1 had notified the Mayor and three councillors on Saturday evening of Sept. 17, 2011, as soon as 1 found out about the de "otition. 1 had been out of town et the Farm Show in Woodstock fro- 'abed. Sent. 14 to Frida--, the 16th, afternoon On Friday afternoon 1 drove to work north o- Garner. T'"be si h5ect orooerty is south and invisible because of the tall dense corn crop on our oropertY. Had the City acted immediately starting? Monday Sett. 19 through to Wed. Sept 21, 2011, 1 believe the barn could still have been saved as the very strongfreme was still un along with the roof and ee't side. All that neededto he done was to replace the three side walls destroyed by current demolition. ?''-'ones= through grants and fund raising could be foun+. T�:e barn was reduced to the first store- now floor intact on Thursday 3eot. 22, 2011. The first storey could also have been preserved as an historic ruin and the Heritage Act covers this. This is one of only a few two hundred acre size intact farms in the Region. 1 sou ~ht private legal advice and wrs informed thet the City can stop work by orocoed i nr ur_dsr the Heritage Act to: ;)sending a notice of intent to designs =te under the :eritage • ct to the landowner. 2) placing notice of intent to designate in the Newsoaper. T em requesting that the Heritage Committee and Cit r Council Proceed with the above notification which I understand war rive the 'ity the 60 days to designate. Attach=ments1) tewsoaoor article on Rose Tede 2)Excerpt Report FB- 2011 -3 3)Grandoni letter Sent. 23/11 ;d rri ind aik, nya, lane, ighan of Doris by ister ?ral cc13 Rose Tadeson /Owned winery Rose Tadeson, the former owner and operator of a local farm and win - ery, died Tuesday at Dorchester Manor. She was 97. Born at Poland, she came to Canada at age 13 and lived in Hamilton be- fore moving to Niagara Falls at age 21. Together with her husband, she owned and operated the Niagara Cat aract Native Winery on Beaverdams Road. She was a member of the Catholic Women's League, first as a member of St. Patricks Church and then at Our Lady of the Scapular Church. She was predeceased by her husband, Thomas in 1929; two daughters, Mary Schurko and Wanda Campagna; and a son Anthony Cam - pagna. She is survived by three sons, Adolph and his wife Bertha, and Edward and his wife Ann, all of Niagara Falls, and Henry and his wife Rosaleen, of Toronto; three daughters, Helen and her husband Alyre Gautreau, and Jennie and her husband Fred Potts, all of Niagara Falls, and Phyllis and her husband Elmer Gallagher, of Whitby; a son -in -law, Alex Schurko, of Toronto; also surviving are 21 grandchildren, 30 great - grandchildren and two great - great - grandchildren. Mrs. Tadeson is at the Patterson Funeral Home until Friday. The fune- ral mass will be celebrated at Our Lady of the Scapular Church at 1 p.m., followed by interment at Fairview Cemetery. with a ents, Call 7 CRAF T Oa.m. Queen Fine ha Refresl sored H CLEAR' Brentwc Roxton. of Port 356 - 6: Is PLY"' Ifso - I Angie J sweats regular $34.9' OUTL ara -on- week ' June 13, 2011 - 3 - 3. Addition to Municipal Register of Heritage Properties - 5021 Garner Road It was brought to the attention of the Municipal Heritage Committee that the property at the 5021 Garner Road, (at the southeast comer of Garner Road and Beaverdams Road) is a property that should be added to the Municipal Register of Heritage Properties. The property consists of 73.9 ha (182.6 acres) of land, most of which is farm land, with a portion of the property at the corner of Garner Road and Beaverdams Road that contains approximately 9 buildings, including a house and several barns and outbuildings. The property which is situated outside the Urban Area Boundary, is zoned Agriculture, in part and Hazard Land, in part. The Ontario Heritage Act contains Regulation 9/06 which sets out criteria by which properties can be measured to determine if they are worthy to be designated under the Ontario Heritage Act. (/ The Committee determined that the property met the criteria of Regulation 9/06 of C the Ontario Heritage Act as follows: Design or Physical value: The barn and silo represent the style, material and construction method of rural agricultural buildings of which few examples remain in the northern part of the municipality. The barn has a ramped entrance and the silo roof may be a rare or even a unique example of local construction. Historical or associate value: A neighbour has suggested that the property contained one of the communities earliest wineries. Although nothing of this winery remains, the barn and silo may have the potential to yield information that could contribute to our understanding of the agricultural community and its culture. Contextual value: These buildings are important in defining, maintaining and supporting the character of the area. Their location on the corner of two major rural roads has lent them an measure of prominence in that part of the community. The farm is an important vestige of how the community once appeared. Based on the evaluation by the Committee, it is recommended that this property be listed in the Municipal Register of Heritage Properties. The listing of the property does not oblige or restrict the actions of the property owners in any way, with the exception that should they wish to demolish the buildings on the property they must give the City, through notification to Council, 60 days notice of their intention to demolish. Recommended by: Respectfully submitted: P Boyle mb S \PDP.\2011iPD- 2011 -38. Matters Arising from MHC.wpd XG kk, Alex Hertovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer f i PD- 2011 -38 0 0, 2 , 4 2 aLI 4 4 4 , ritt . ,D . ,c64 CLAtetk. J L I i►1 /Ji trak. 2f3(o Q uiz - . FaL 0-4 '>; 1 rq# / fiti( s y ?-3 ).-0// HMG. FEi..S CLERKS : 0 1/ Qecetvei 23 ,p t1.2( . c 4 - 7 a , j 4 October 2011 Requested Proclamation AUtismONTARIO '+iagars October is Autism Awareness Month Across Canada October, 201 I Autism Spectrum Disorders (ASD) have seen a 600% increase in their diagnoses over the last 20 years, and currently affect the lives of 80,000 Ontarians, including an estimated group of over 5,000 Niagara Region individuals and their families. ASD affects I in every 1 I0 children born, as well as their families, friends and communities. ASD affects all of us, regardless of race, economic and socio - cultural circumstances, education, or any other difference by which we are defined. ASD is a spectrum disorder, which means that it not only presents differently in every individual in whom it appears, but its characteristics will change over the life of each individual as well. This makes it even more difficult for society to understand the disorder — indeed, it is said that "if you've met one person with ASD, you've met one person with ASD ". A child with ASD will become an adult with ASD. Autism Ontario - Niagara Region Chapter is the strongest and most active chatpers across Ontario. We are a leading voice in our Region and a leading source of information and referral on autism, helping to support those affected by ASD with critical programming, services and advocacy. The mission of Autism Ontario is to ensure that each individual with ASD is provided the means to achieve quality of life as a respected member of society. Our vision is of acceptance and opportunities for all individuals with ASD. The key is to improve knowledge, understanding, compassion and progress through ASD awareness initiatives. The Niagara Region Chapter of Autism Ontario encourages and invites all Niagara Region members to observe October as Autism Awareness Month in an effort to raise public awareness, as well as much needed support. It is the Autism O proclamation made at your or`Co s 'cf NOW THEREFORE, I, (Mayor /Regional Chair Name), on behalf of (City /Town /Region Name) Council, do hereby proclaim October, 2011 as "Autism Awareness Month" in the (City /Town /Region Name). It is only through ongoing awareness initiatives that individuals across the Niagara Region will begin to understand many of the children, youth, teens and adults that are affected by ASD. Through this proclamation, we can continue to drive awareness of ASD and help to support people in our communities. I thank you for your consideration of this proclamation request and encourage you to contact me should you have any questions. I can be reached at 905 - 682 -2776 or via email at chaptermgr .niagara @autismontario.com. Sincerely, Tamara Coleman- Lawrie Manager, Autism Ontario - Niagara Region Chapter September 1, 2011 His Worship Mayor Jim Diodati and Members of City Council City of Niagara Falls, Ontario Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION Innovative. Transformative. Connected. Public libraries are evolving to meet the needs of an increasingly information - driven society. Ontario Public Library Week is October 16 -22, and this coincides with Canadian Library Month, held in October. The theme this year is "Your Library — a place unbound," suggests that, as part of a changing world, libraries are growing and expanding their resources as they connect people to information and reading. Innovations such as digital and downloadable books, music, movies, Internet access, electronic databases, eReaders, gaming, and the utilization of social media such as Facebook and Twitter now appeal to a whole new generation of library users! Residents of Niagara Falls can be proud of their library, which has continued to be on the leading edge over the last few years in keeping pace with the changing technologies and addressing the needs of our community. The Niagara Falls Public Library Board requests that City Council proclaim October 16 -22, 2011 "Public Library Week" in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We encourage every person to use their public library this month and throughout the year. Library services are free and available to all residents. Feel free to check out our library's popular website at www.nflibrary.ca. Sincerely, Monika Seymou Chief Librarian Prociamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision- making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 16 -22, 201$ is Public Library Week in Niagara Falls Signature April 4, 2011 Your Worship, Sheila Nicholas Chair His Worship Mayor Jim Diodati The City of Niagara Falls Mayors Office, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Teachers of English as a Second Language Association of Ontario 27 Carlton Street, Suite 405, Toronto, Ontario M5B 1 L2 Telephone (416) 593 -4243 Fax (416) 593 -0164 Email: administration @teslontari On March 31st, 2011 TESL Ontario (Teachers of English as a Second Language) mailed you a letter inviting you to take part in our Ontario wide initiative and declare ESL week. Unfortunately the letter stated incorrect dates. The correct date for "English as a Second Language" week is October 23rd to 29th, 2011. Given the diversity of your population, we hope you will grant us this request. In 2010 twenty -seven municipalities declared English as a Second Language Week. For 38 years, TESL Ontario has held its Annual Conference to provide professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens, and visitors, all who wish to improve their ability to communicate in English. This year, our 39th conference "Language Learning: A Focus on Success" will be held October 27th to 29th, 2011 and we will be honoured if representatives of your council can participate. Last year's TESL Ontario conference attracted over 1600 registrants. Our members travel from across the province and beyond to attend workshops, research symposia, our technology fair and publishers' displays. For many of us, this annual journey to Toronto marks a time when we can share our experiences, expand our skills, and reaffirm the positive contribution that our province makes to diversity. Having established a set of criteria to ensure measurable qualifications among ESL professionals, TESL Ontario, a non - profit organization, ensures that training institutions offering teacher training meet the highest standards. As we demand the best qualifications of our members, and the best in training from our teaching programs, we offer the best in second language education to our students, who in turn, contribute a wealth of knowledge and experience to our communities. Attached, please find our revised suggested wording of the proclamation. Please contact our Executive Director, Renate Tilson at rtilson @teslontario.org if you require further information. Thank you for your consideration, Sincerely, SUGGESTED WORDING OF PROCLAMATION Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavour to acquire the ability to communicate in English. The community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adult education students pursuing literacy and basic skills, participants in workplace- training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends. The professional organisation Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each year consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members. NOW THEREFORE, I, on behalf of of Council, do hereby proclaim October 23rd to 29th, 2011 as "English as a Second Language Week" in the of CUPE. August 23, 2011 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing care to children in your community. This year will mark the 11 Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday, October 26, 2011 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. These benefits come from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. We ask your Council to sponsor public announcements, display our posters and distribute buttons. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and buttons to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 26` Please direct any correspondence on proclamations and /or celebration activities to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Avenue, Suite 800, Scarborough, ON MI B 3V4, or by fax: 416- 292 -2839. Thank you for your consideration. Yours sincerely, d ithigd..„ cc: CMSMs /DSSABs Tracy Saarikoski President, CUPE Ontario President, OCBCC 305 Milner Ave, Suite 801 Scarborough, ON M1B 3V4 Phone: 416- 299 -9739 • Fax: 416- 299 -3480 Wek ctipa-an.i a E -mail: cupeont @web.net t�l iski 0 0OfriCE us/ cope491 11 Annual Child Care Worker & Early Childhood Educator Appreciation Day October 26, 2010 Ideas to 'Recognize the pay * Support the resolution declaring October 26 Child Care Worker & Early Childhood Educator Appreciation Day. * Distribute buttons and posters — visit www.childcareontario.org for an order form for free materials including posters and buttons. * Host an appreciation breakfast, lunch or dinner. Municipalities * Ensure celebration activities in municipally run child care centres. * Encourage local Councilors to tour a child care centre or early learning program to leam more about the work of ECE's. Event could also generate media coverage in local papers. * Take out an ad in the local newspaper. * Take nominations from local child care centres for outstanding staff to be recognized by the Mayor through a letter, announcement or event. * Distribute information on the day to all centres and agencies with child care staff. * Make a large order of mugs, key chains or post -it notes for distribution in your community. * Organize a community -wide celebration to recognize individual staff or centres and programs. School Boards * Encourage school board trustees to tour an early learning program to learn more about the work of ECE's. Event could also generate media coverage in local papers. * Arrange to have the day announced on the school PA with the morning announcements. * Notify parents in advance. Set up a 'Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Notify other staff in the school and host an event with cake or dessert in the staff room. Local Child Care Centres, Boards of Directors * Distribute carnations to staff working in child care centres. * Start the day right with a breakfast. Distribute buttons and posters and certificates of appreciation to all staff. (See over...) * Have the board of directors take the staff out for dinner and an evening of fun. * Host an afternoon tea party (with desserts provided by parents) for all the staff and children. * Host coffee, tea, and treats from 4:00 pm. to 7:30 pm. to accommodate staff finishing shifts. * Give each staff member a certificate of appreciation. * Have the board of directors send out a notice to each family and ask that they contribute a fruit, jam, tea, to fill a basket for all the staff. * Have the Board of Directors provide homemade cards and chocolates. * Make a bulletin board with posters and place the certificates of appreciation on the board. * Host a Child Care Worker and Early Childhood Educator Appreciation Day event with a guest motivational speaker and refreshments. * Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Have the board of directors send a letter to all families and board members accompanied by a cut -out of a hand. Ask parents to write a note to staff on the hand as a way of "giving the staff a hand" for a job well done. Then display the hands in the centre. * Put up a big poster with the staffs 'bins' and photo and have the parents sign a message on it. * Distribute cards hand made by children and parents. * Send staff a letter from the board thanking them for their commitment to children and families. * Make a donation on behalf of the staff to a shelter for women and children in your community. * Host a pizza lunch for the staff. * Have the Board of Directors host an evening of celebration for all staff in honour of Child Care Worker and Early Childhood Educator Appreciation Day. * Have community businesses sponsor the day and give discounts and gifts to all staff or provide door prizes for appreciation events, or gift bag items. • This is just a short list of activities - there are many things you can do to recognize and celebrate the valuable role child care workers play in the lives of children, families and communities. Please contact the Ontario Coalition for Better Child Care (416- 538 -0628 x 2 / toll -free 1 -800- 594 -7514 x 2, or email at katie@childcareontario.orq for further information, posters, buttons and certificates of appreciation. :us/ cope491 1 1 th Annual Child Care Worker & Early Childhood Educator Appreciation Day October 26, 2011 Resolution Whereas years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas Many studies show trained and knowledgeable Early Childhood Educators and child care staff are the most important element in quality child care, and that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover which leads to high quality education and care; Therefore Be It Resolved that October 26, 2011 be designated the 11th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. TO THE LEGISLATIVE WHEREAS, catastrophic depression, scientifically Ontario, forcing WHEREAS, medical profession endemic throughout WHEREAS, do not fund diagnosis, negatives 45 WE, THE UNDERSIGNED, Health to direct scientifically create public diagnostic and 1 ei I � • A LEy MPP • Sarnia-Lambton the in the is currently false Minister of and to PETITION ASSEMBLY OF ONTARIO the tick -borne illness known as Chronic Lyme Disease, which mimics many illnesses, such as Multiple Sclerosis, Crohn's, Alzheimer's, arthritic diabetes, Chronic Fatigue and Fibromyalgia is increasingly endemic in Canada, but validated diagnostic tests and treatment choices are currently not available patients to seek these in the USA and Europe; the Canadian Medical Association informed the public, governments, and in May 30, 2000 edition of their professional journal that Lyme Disease Canada, particularly in Southern Ontario; the Ontario Public Health system and the Ontario Health Insurance Plan those specific tests that accurately serve the process for establishing a clinical but only recognize testing procedures known in the medical literature to provide to 95% of the time; petition the legislative assembly of Ontario to request the the Ontario Public Health system and OHIP to include all currently available verified tests for Acute and Chronic Lyme diagnosis, to do everything necessary awareness of Lyme Disease in Ontario, and to have internationally developed successful treatment protocols available to patients and physicians. Name (print clearly): Address: Signature: Town /City: E -mail Address: Postal Code: Name (print clearly): Address: Signature: Town /City: E -mail Address: Postal Code: Name (print clearly): Address: Signature: Town /City: E -mail Address: Postal Code: (9/28/2011) Dean lorfida - Council Presentation.docx Page 1 I would like to thank your Worship and City Council Members for the opportunity to speak to a group of people who are in the position to influence change. My name is Jessica Bell - Taliana, I am a resident and small business owner in Vaughan. The issue that I am here to discuss has no borders and it affects all of us. The issue is Lyme Disease. Our presence here today is to ask the Committee of the Whole to endorse the Lyme disease petition set forth by MPP Bob Bailey, which is to be read in Parliament in October. Through the efforts of an amazing Lyme warrior and advocate Christine Heffer we have many municipalities on board already. I am proud to say that our MP Hon Julian Fantino pledges his support as well as MP Dr. Kirsty Duncan. This is a political issue and my vote will go to the party who does not hesitate to support this issue. We need the laws and rules around the testing changed, education for the public and the doctors, protection for our doctors and treatment options. We need our own local clinic that specializes in vector born illness so that Ontario residents are not forced to use their life savings to go south of the boarder for treatment. Ticks are sriai• ticks spread 80 easy to miss! Council Presentation Many in this room may already know someone who been affected by Lyme disease. It will not be long before you or someone in your family may be suffering. We need to act now. Lyme disease is an infectious bacterial disease that comes from the bite of an infected tick which carries the bacterium Borrelia Burgdorferi.. Lyme disease often is accompanied by other co- infections such as Babesiosis, Bartonella, Ehrlichiosis, Rickettsia( Rocky Mountain spotted Fever), and many more. poppy ,f nyrrphs ch are the Baby of the disease, Nymphs are t e size of a perioc: Very (9/28/2011) Dean lorfida - Council Presentation.docx Page 2 Lyme disease is spreading 7 times faster than AIDS and West Nile put together. South of our boarder the CDC estimates over 400 000 new cases a year. Most of the Lyme endemic states share a boarder with Canada. Canada claims to have around 40 to 50 cases a year. South Eastern Ontario is already Lyme endemic. Children of all ages are at the greatest risk. The Canadian Lyme Disease Foundation receives thousands of calls yearly from people through this country who believe they have Lyme disease. Public Health itself has stated that under reporting in Canada is likely. 1000s of Canadians are suffering, many have died and unless you pass the faulty Canadian testing you are denied care in Ontario and left to perish. You will only be counted in the stats if you pass the faulty testing. Our family has been exposed to the effects of tick born illness more than once. In 2003 our son came in from playing in the tall grasses of the ravine and while bathing him I found a plump tick embedded in the back of his neck. I removed it safely at the base with the tweezers and brought it to the doctors. With in a few days he developed flu like symptoms and fever. He developed a light pink oval rash at the site of the bite and several days later he broke out in spots that doubled in number every day over the trunk and limbs of his body. I fought for 2 months to get treatment for him. Eventually, nine doctors later, a doctor gave in and gave me the antibiotics for him. With treatment he got better, no more rash and no more fever. The key is to have access to treatment immediately. Eight years later I am disappointed to say that the ignorance in the medical system has not improved much. Our eldest daughter has Chronic Lyme Disease. We did not see a tick or a rash. Only 30% of the people will get a rash and many never remember seeing a tick. We mistakenly dismissed her symptoms as regular growing pains for a long time. Her major symptoms were migraines, fatigue, muscle and joint pain. In 2010 I (9/28/2011) Dean lorfida - Council Presentation.docx Page 3 could no longer dismiss her symptoms as normal. My daughter was missing school, losing vitality, pale, weak and having trouble walking up a flight of stairs and so tired that she could not get out of bed. Local doctors were not too happy when I suggested Lyme disease and were reluctant to test for it. Doctor after doctor said "We don't have Lyme Here ". Ticks have a free passport on wild animals and migrating birds. Our daughter had two negative Canadian Elisa tests. Local doctors and specialist would not accept the positive US test result. We have had no choice but to go south for treatment at great expense. Our doctors are only told positive or negative they are not given the benefit of seeing the break down of the individual bands to help them make a clinical diagnosis with confidence. Lyme disease needs to be a clinical diagnosis as stated in the Ministry of Health 2010 Lyme awareness. We have a two tiered testing system for Lyme disease. 1st tier is the Elisa 2nd tier is the Western Blot. Patients need to pass the Elisa test before they qualify for the western blot test. Numerous studies show that the Elisa is faulty. It takes 4 -6 weeks to develop antibodies to the bacteria. If you test too early or too late the test will not pick up on the antibodies. When the test is negative the doctors start looking for other possible answers. Misdiagnosis is common due to lack of knowledge and experience and this is why this needs to change. Many people with Lyme are misdiagnosed with MS, Fibromyalgia, Parkinson's, ALS and many other due to lack of education. I believe Mr. Gabe Magnotta was undiagnosed for four years. This is precious time lost. Our daughter is one of thousands who are affected. This presentation is for all the Christines, Jims, Ritas, Ellas, Trudys, Chiara, Charlettes, and (9/28/2011) Dean lorfida - Council Presentation.docx Page 4 Gabe Magnottas of this world and to all those who have lost a loved ones to this insidious disease. I have been speaking with everyone I meet to ensure they are educated on Lyme disease, sending emails asking for awareness and education for the doctors and the public. But now, Public health informs me to contact my local MPP. So here I stand asking that the Committee of the Whole come together as one voice and join other municipalities that have already endorsed this petition that involves: requesting education for prevention, improved testing, accepting of testing from outside sources until better local testing is available; funding for education for our doctors to learn how to treat lyme disease both in the acute and the chronic phase, funding for tick surveillance and protection for doctors should they treat beyond the out dated IDSA guidelines. Our Goal is to collectively give the Ministry and Public Health a message that the rules and laws around the testing need to be changed. It is against our constitutional right to be denied health care in this country and we need our council members to support and endorse this petition. Endorsing this petition is one step closer to making our health care system something to be proud of not abandoned by. It has become our responsibility to our fellow neighbours and children protect and provide HOPE. Thank you your worship and council members for your time. Jessica Bell - Taliana To date I have presented to six municipal councils and I am on the agenda of other municipalities in southern Ontario. I am also contacting all the municipalities in the province on this issue. Lambton County, Chatham Kent, Oxford County, Perth County, Middlesex and Huron County have endorsed the petition. Middlesex is reaching out to various advocacy groups that council members are a part of on the public's behalf on this issue. As well as endorsing the petition the County of Huron has sent a letter to Premier McGuinty asking him for action on "this very distressing disease that is affecting the livelihood of residents in Ontario ". Chatham Kent is sending a letter to the Minister of Health to ask for action. The County of Perth is forwarding their support to their local MP and MPP to inform both the provincial and federal representatives for that area of their concern on this issue on behalf of the citizens that they represent. My hope is that all municipal governments can lend their clout to this petition. It won't be long before everyone is affected in one way or another by this insidious disease. In the US this disease is now being called an epidemic by many health officials and its moving North. We need a strong response from our elected officials who are responsible for the public health of all the citizens of Ontario and Canada. Thank you for taking the time to investigate this very urgent Public health issue. Christine Heffer Ottawa Confederation Building, , Room 733 Ottawa, Ontario 7(111 0,46 'ref: (613) 996 -4971 TaN; (613) 996 -4973 Thursday, September 15 2011 Ms. Jessica Bell - Taliana 5451 Highway 7, Suite #108 Vaughan, Ontario L4L 0B2 Re Chronic Lyme disease Dear Ms. Bell- Taliana, House of Commons ffon. Julian Eantino Member of Parliament for Vaughan Constituency 9401 Bane St. Building ';4 ; 'Unit 15, 'First 'Floor, Vaughan, ON L 6;4 4X7 7e( (905) 303 -5000 Tare (90_5)303-5002 Thank you for contacting my office with regard to your efforts to raise awareness to the plight of Lyme disease. As the Canadian Medical Association has made Canadians aware, Lyme disease is endemic throughout Canada, particularly in Southern Ontario. This is an issue that affects families whose members have contracted this disease and have not properly been diagnosed due to ineffective testing methods. The Ontario Public Health System and the Ontario Health Insurance Plan would benefit from re- examining the processes for establishing a clinical diagnosis. Your daughter's case serves as an example of the increasing need for the eligibility of Ontarians to receive the care they are not currently provided. 1 wish you success in your ongoing efforts to tackle issues facing our community and the standard of health care they deserve. Sincerely, The Hon. Julian Fantino P.C., M.P. Associate Minister of National Defence Vaughan LYME DISEASE INFORMATION • Lyme disease is transmitted by the bite of a tick infected with Borrelia burgdorferi and results in a systemic infection similar to syphilis • Many pathogens can be transmitted by one bite o ANAPLASMOSIS, BABESIOSIS, EHRLICHIOSIS, RICKETTSIA ROCKY MOUNTAIN SPOTTED FEVER (RMSF), STARI, TULAREMIA, BARTONELLA AND MANY MORE • Lyme disease is the fastest growing infectious disease in North America with an estimated 400 000 cases per year in the US • Lyme disease has been shown in studies to be increasing across Ontario especially in Southern Ontario • Everyone is at risk especially children (age 2 -14 highest risk group) • Lyme disease is can be found everywhere, at parks, in yards, in gardens as ticks are transmitted by birds • Public awareness, testing and treatment for this disease is poor • If not caught early Lyme disease becomes chronic and incurable requiring long term treatment much like AIDS does • A person infected with Lyme disease often becomes total disabled • The far reaching effects of this disease on our communities include Toss productivity , loss tax revenue, increased medical costs and increased burden on social services • The Lyme bacteria has been found in semen O RECOVERY OF LYME SPIROCHETES BY PCR IN SEMEN SAMPLES OF PREVIOUSLY DIAGNOSED LYME DISEASE PATIENTS Dr. Gregory Bach, Do.O., P.C. 2415 North Broad Street, Colmar, PA 18915 • Lyme disease can be passed congenitally • Tick borne diseases transmitted by blood o Transfusion - transmitted tick -borne infections: a cornucopia of threats. Leiby DA, Gill JE. Department of Transmissible Diseases, American Red Cross Holland Laboratory, Rockville, MD 20855, USA. Transfus Med Rev. 2004 Oct;18(4):293- 306 INFORMATION ON TESTING • In Ontario we use a 2- tiered testing system for Lyme disease • 1 tier is the ELISA test (Enzyme - linked immunosorbent assay) • 2 tier is the WESTERN BLOT • A person must receive a positive on the ELISA to move on to the WESTERN BLOT • ELISA has been shown in numerous scientific studies to be faulty (references to some studies and a complete study to follow) • IMPORTANT TO NOTE ABOUT THE TESTING IN THE ACUTE FORM OF LYME DISEASE o It takes a person 4 -6 weeks to develop antibodies to the bacteria (this is what the ELISA measures) o If the person receives antibiotics early in the infection the body often will not mount a strong antibody reaction due to the antibiotics killing the bacteria o Often the ELISA test will come back negative for said patients early in the infection yet doctors are relying on the test and tell patients that they do not have Lyme disease based on this test yet the person could very well be infected and is now not receiving treatment Niagarajags REPORT TO: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2011 -08 Celebrate Ontario Grant re New Year's Eve Show RECOMMENDATION: Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. EXECUTIVE SUMMARY: BDD- 2011 -08 October 3, 2011 Staff made a submission for funding to the Ministry of Tourism - Celebrate Ontario 2011 funding program for the Niagara Falls New Year's Eve Show which is televised nationally on Global. Staff was successful in securing $75,000 for the event which will be used to secure talent for the 2011 broadcast. BACKGROUND: The Minister of Tourism invited special event organizers to submit funding applications for special events taking place in 2011. Staff submitted an application to Celebrate Ontario for this year's New Year's Eve Show and were successful in securing $75,000. The funds will be used to secure talent for this year's show. The event will be televised on Global Television this year under the "Entertainment Tonight" banner. These funds will augment the financial support provided by the City through the OPG funds, as well as, the Niagara Parks Commission, Fallsview Casino Resort, Clifton Hill BIA, Fallsview BIA, and Victoria Centre BIA. ANALYSIS /RATIONALE: The cost to produce the Niagara Falls New Year's Eve Show increases annually and these additional funds will assist in covering the increased expenses. CITY'S STRATEGIC COMMITMENT: Strengthen and promote economic development within the City of Niagara Falls. Recommended by: Respectfully submitted: Serge Felicetti, Director of Business Development F ito Ken Todd, Chief dministrtive Officer NiagarapOls REPORT TO: SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -15 Ombudsman Complaint RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY A complaint was received by the Ombudsman Ontario, the de facto closed meeting investigator for the municipality, regarding the selection of citizen appointments. The Ombudsman's office has ruled that there was no improper closed meeting session, as the voting took place in the open Council session. Ombudsman Ontario accepts the openness and transparency of Council's voting process. The complaint file has been closed. BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario CD- 2011 -15 October 3, 2011 The Municipal Statute Law Act passed by the Provincial government in Tate 2006, saw a number of amendments to the Municipal Act pertaining to openness and transparency. Section 239.1 of the Municipal Act required municipalities to appoint a closed meeting investigator. If a municipality chose not to directly appoint a closed meeting investigator, the Provincial Ombudsman's office would perform the role of the closed meeting investigator. Although Niagara Falls City Council, like many municipalities, originally hired LAS (Local Authority Services Ltd.)to perform this service, in 2008, the Council passed a motion to terminate the arrangement. As a result, any complaints on closed meeting matters for Niagara Falls City Council are handled by Ombudsman Ontario. Ombudsman Ontario has a simple form for closed meeting complaints which asks the complainant to identify the Council or board in question and why the complainant believes the meeting should not have been closed to the public. Ombudsman Ontario will informally try to resolve the complaint. If an informal resolution is not possible, an investigation will be launched. Complainants' identities are kept anonymous. ANALYSIS /RATIONALE The Clerk's Office learned in August of a complaint to Ombudsman Ontario regarding the April 18, 2011 Council meeting. Reviewing the agenda from that date, Council had a Committee of the Whole meeting and Regular Council agenda. There was no dosed meeting or In Camera session for that date. It was learned that the complaint was regarding the voting process surrounding the citizens' appointments to various committees, which occurred in open Council. The complainant questioned the balloting process. October 3, 2011 The following appeared in City Council reports CD- 2011 -07 and CD- 2007 -03. The Municipal Act states the following: Except as provided in section 233, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. With the multiplicity of candidates and committees, it would be impractical and time consuming to do a hand vote or viva voce (voice) vote; therefore, as was done last Council term, staff has created preassigned ballots that will be distributed to Council members. Members will vote by ballot and a tally will be done. A motion, duly seconded, appointing the successful candidates will be made after the tally has been done. The ballots will be kept by the Clerk in the Council meeting file and available for examination. The proposed voting process will be efficient, expedient, meet the requirements of the Municipal Act and ensure the openness and transparency of the Council's decision. It should be noted that this process used by Niagara Falls has been adopted in the Town of Fort Erie. Although a survey of other municipalities has not taken place, the writer is aware of other municipalities going In Camera for their citizens' appointments or doing them in a closed "caucus" session prior to the new Council being sworn in. The Municipal Act does not contemplate a "caucus" session and the process lacks the openness and transparency found in Council's process. With regard to the complaint, Ombudsman Ontario writes that their jurisdiction is limited to investigating complaints about the open meeting requirements of the Municipal Act, however, they do review the meeting in question and conclude: Based on the information, it appears that Council's voting by ballot was held in open session and that it satisfies the City's procedure by -law and the open meeting requirements of the Municipal Act. Ombudsman Ontario has closed the file on the complaint. LIST OF ATTACHMENTS ✓ Letter from Ombudsman Ontario ✓ Previous Email from Clerk on voting process Recommended by: Respectfully submitted: DI - 2 - CD- 2011 -15 b J � Dean Iorfida, City Cher / Ken Todd,/ Chief Afdministtative Officer September 16, 2011 Dean Iorfida, City Clerk The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Re. Our File No. 034682 -004 I am writing further to our telephone conversation of September 15, 2011, regarding the results of the Ombudsman's preliminary review of a complaint received on July 20 about an April 18, 2011 Council Meeting. The complaint to our Office alleged that Council improperly voted in camera and by using ballots to appoint members of the community to various boards and committees. Given that the Ontario Ombudsman's jurisdiction over municipal matters is Limited to reviewing and investigating complaints about the open meeting requirements of the Municipal Act (the Act). our review focused on whether the process of voting by ballot was in accordance with the open meeting requirements and not whether this process was in violation of another section of the Act that speaks to voting by ballot. Section 244 of the Act states that, except in very limited circumstances, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect." We understand, however, that prior to voting by ballot, Council considered the recommendation in a publicly available report from the Clerks Department that provided the opinion that the process of voting by ballot was not a violation of the "voting by ballot" section of the Act. After considering this report at the April 18 meeting, Council chose to proceed with voting by ballot in open session for board and committee appointments. As part of our Office's review of this complaint we spoke with you, reviewed the meeting materials from the April 18 Council meeting, as well as the City of Niagara Falls' Procedure By -Law (No. 89 -155) and relevant sections of the Municipal Act, 2001. Bell Trinity Square 483 Bay Street, 10th Floor South Tower, Toronto, ON M5G 2C9 483 rue Bay, 10' stage. Tour sud, Toronto (Ontario) tvv5G 2C9 416-586-3300 416-586 -3485 1-866-411-4211 The April 18 Council Meeting According to the Council meeting schedule on the City's website, all Regular Council Meetings begin at 6:30 p.m. A Regular Council Meeting was scheduled for April 18, 2011. The agenda and meeting materials for the April 18 meeting were posted on the City's website on the morning of April 15, 2011. The agenda package included a report to members of council from the Clerks Department, "CD- 2011 -08: Citizen Appointments" ("Clerk's Report"), recommending that council vote on the volunteers for various advisory boards and committees. The report highlights that the Municipal Act states: "Except as provided in section 233 (and section 238), no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect ". The Clerk's Report recommends: With the multiplicity of candidates and committees, it would be impractical and time consuming to do a hand vote or viva voce (voice) vote; therefore... staff has created pre- assigned ballots that will be distributed to Council members. Members will vote by ballot and a tally will be done... The ballots will be kept by the Clerk in the Council meeting file and available for examination. The proposed voting process will be efficient, expedient, meeting the requirements of the 1vlunicipal Act and ensure the openness and transparency of the Council's decision. According to the meeting minutes, the April 18 meeting commenced at 6:35 p.m. and all members of Council were present. From our conversations with you, you also explained that various members of the public were in attendance and that the entire meeting was held in open session. At the meeting, we understand that Council considered the Clerk's Report and passed a resolution to vote on the volunteers for the various advisory committees and boards. Amongst other matters discussed that evening, Council agreed to extend the 11:00 p.m. meeting curfew and the meeting adjourned at 12:25 a.m. All portions of the April 18 Council meeting were held in open session and there were no in camera discussions that took place that evening. The ballot process used to appoint volunteers to the various boards and committees at the April 18 meeting was done in open session with members of the public present. Each member of Council had pre- assigned ballot which identified the individual casting the votes. The votes were tallied during the open session and the appointments were also announced at the April 18 meeting. Furthermore, the completed ballots are kept by the Clerk in the Council meeting file and are available for members of the public to examine. Based on this information, it appears that Council's voting by ballot was held in open session and that it satisfied the City's procedure by -law and the open meeting requirements of the Municipal Act. 2 When we spoke with you on September 15, 2011, you expressed general agreement with our comments, and committed to publicly share the findings of our review with Council. We request that you notify our Office when this occurs. We also will be notifying the complainant of the results of our informal review. I would like to take this opportunity to thank you for the cooperation our Office received during this review. Sincerely, Trish Coyle Ombudsman Ontario 3 (8/19/2011) Dean lorfida - Re: Official complaint of the Citizen appointments Page 1 From: Dean lorfida To: caruso_tony @cogeco.ca, Bart Mayes, Carolynn loannoni, council @niagarafal CC: clarocque @nfreview.com, mwilliscraft @niagarathisweek.com, Bill Matson, T.. Date: 4/21/2011 4:08 PM Subject: Re Official complaint of the Citizen appointments Tony: Your concern would have some validity if it was a secret ballot process ie the results were not available for public scrutiny but as you have discovered they are available and the votes of each council member are clearly identified. I would argue that the process in Niagara Falls is more transparent and open than other municipalities processes for selecting citizen appointments. I am aware in other municipalities Council making selections behind closed doors In Camera. In other municipalities they do the selections in something called a caucus meeting, which is not recognized under the Municipal Act, before their Council is even sworn in The only reason we even use a ballot is for ease of administration and time. We could have a series of hand votes that could take hours and then the citizenry would be hard pressed to remember who voted for whom Once again, our process is much more accountable. As set out in my report to Council on Monday, which I suggest you read, the process was adopted last term, so it wasn't different in 2004 Subsequently. Fort Erie adopted the same method. I am confident that our process bears scrutiny and is in keeping with the openness and transparency provisions of the Act. Good luck in your pursuits. My apologies that you weren't selected for anything. Cheers Dean From the mountains of Virginia Original Message From: "Tony Caruso" <caruso_tony @cogeco.ca> Cc: Corey Larocque <caarocque @nfreview.com> To: <Council @niagarafalls.ca> To Dean lorfida <diorfida @niagarafalls.ca> Cc: < mwilliscraft @niagarathisweek.com> Sent: 4/21/2011 12:38:32 PM Subject: Official complaint of the Citizen appointments Dear Mr. lorfida and members of Council, I would like to make an official complaint about the citizen appointments and the ballot process. First and foremost, why was the ballots used to begin with? The Municipal Act clearly states NO VOTE SHALL BE TAKEN BY BALLOT under Section 244 and Council went against this. After contacting the Ontario Ombudsman it was them that referred me to this section of the act, and was told they are now looking into this matter to see if the Province can intervene; in others words if they have jurisdiction over this matter. (8/19/2011) Dean lorfida - Re: Official complaint of the Citizen appointments Page 2 I found this whole process to be a bit strange this term, after few people called me and said a certain City Councillor was telling others not to vote for me or why did they vote for me. I thought when one votes they are not supposed to be coerced by the other members. Also after inspecting each Councillor and Mayor's ballot which I would like to add again the ballots are against the Municipal Act; I came to the conclusion that there is a big mistake in the Niagara Falls Museum Advisory Board. If the ballot only says "select only 7 candidates ", why were there 8 picked? Where is the accountability? Is Council prepared to revote on this matter or remove the 8th person? Lastly, I would like to challenge this process of the ballots as it is against the Municipal Act Is there an ad hoc committee or something that views the Municipal Act in regards to this or any situation similar to this? If not do I need to take this matter to Court? Now in my opinion you can write a report or a book in regards on how someone views the Municipal Act, but the act is quite clear on what it says NO VOTE SHALL BE TAKEN BY BALLOT" even though you still make it public and you think you are saving time, it is still illegal towards the Act. Looking forward to a response Regards Tony Caruso F- 2011 -45 NiagaraJalls October 3, 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 -45 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of August 31, 2011 were $20.6 million compared to 20.2 million in 2010. During August, tax receivables as a percentage of taxes billed decreased slightly from 38.6% in 2010 to 38.4% in 2011. The City's finance staff has had success in resolving 89% of properties that are subject to registration for 2011. There are currently thirty properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2011 lags slightly behind the collection history for 2010. Table 1 shows that taxes outstanding at August 31, 2011 are $20.6 million. This represents an increase from $20.2 million in arrears for the same period in 2010. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from both the residential and commercial property classes have increased slightly from a year ago. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2011, 390 properties were subject to registration. Table 3 summarizes the progress of these actions after eight months of activity. This table shows 89.0% of the tax accounts or 347 properties have been paid in full orthe owners have made suitable payment arrangements. During August, sixteen accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 86.2% (July) to 89.0% (August). October 3, 2011 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of August, one registered property was redeemed and four properties were registered. The outstanding taxes for registered properties represents 3.9% of the total outstanding taxes at the month -end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at August 31, 2011 is 38.4% which is a decrease from 2010's value of 38.6 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Respectfully submitted: A. Felicetti - 2 - F- 2011 -45 Taxes Receivable at August 31, 2011 Taxes Receivable by Property Class at August 31, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Hartison, Director of Finance f 4__'//do/ Ken Todd, Chief Administrative Officer Taxes Receivable by Property Class as at August 31, 2011 Outstanding Taxes @ July 31, 2011 2011 Taxes Owing % of Class 2010 Taxes Owing % of Class Residential $ 27,619,791 43.56% $ 26,849,254 43.07% Multi- Residential $ 2,151,420 3.39% $ 2,204,800 3.54% Commercial $ 31,430,855 49.57% $ 30,863,924 49.50% Industrial $ 2,140,374 3.38% $ 2,372,501 3.81% Farmlands $ 62,125 0.10% $ 55,254 0.09% Total Receivables $ 63,404,565 100.00% $ 62,345,733 100.00% Total Taxes Receivable Owing at August 31, 2011 2011 2010 Outstanding Taxes @ July 31, 2011 $ 20,561,020 $ 22,055,462 Taxes Billed and Due August 31 2011 $ 21,892,046 $ 21,713,057 Penalty charged in August $ 241,261 $ 241,913 Taxes Collected during August $ 22,134,372 $ 23,823,353 Outstanding Taxes @ August 31, 2011 $ 20,559,955 $ 20,187,079 Taxes Billed and Due September 30, 2011 $ 20,952,565 $ 20,445,597 Taxes Due October 31 2011 $ 21,892,045 $ 21,713,057 Total Taxes to be Collected $ 63,404,565 $ 62,345,733 TABLE 1 TABLE 2 Scheduled Tax Sales Date Properties Subject to Registration as at July 31, 2011 Properties Subject to Registration as at August 31, 2011 % Initial Amount 390 390 8 Paid in Full 106 122 31.3% Payment Arrangements 230 225 57.7% Ongoing Collection Action 54 42 10.8% Registered 0 1 0.3% 390 390 100.0% Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2011 14 $ 1,604,739 May 2012 8 $ 785,586 November 2012 8 $ 95,137 Totals 30 $ 2,485,462 TABLE 3 TABLE 4 Niagara REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Finance Department F- 2011 -48 Tax Sale Extension Agreement F- 2011 -48 October 3, 2011 That the City of Niagara Falls enter into an Extension agreement with Gerald Horban for the outstanding taxes owing for the property at 5544 McLeod Road. The Finance Department registered the above noted property for unpaid taxes on October 4, 2010. The property is subject to a tax sale on November 9, 2011. The property owner has requested an Extension Agreement to pay his tax obligation of $179,722.23 in two installments. One installment of $50,000 immediately once the agreement is entered into. The balance owing would be paid six months later. Staff are satisfied with these proposed arrangements and recommend that Council approve the extension agreement. City staff follows a process for collecting taxes from property owners who fail to pay. A sequentially process is followed culminating in the sale of the property for the outstanding amounts, should the amounts. At every action step in the process, staff attempt to work with the property owner to find suitable payment arrangements. Unfortunately, some situations are not resolved prior to the tax sale date. The Municipal Act, 2001 s378 provides an opportunity for taxpayers to extend their payment beyond the tax sale date. This property was registered on October 4, 2010 and is subject to a tax sale on November 9, 2011. The property owner, through legal counsel has requested an extension agreement. The extension agreement would result in the tax obligation of $179,722.23 being paid in full as at April 4, 2012. Staff are confident that the terms of the agreement will be fulfilled. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The cost of producing the proposed Extension Agreement will be bourne by the property owner. During the period of the extension agreement the property will continue to be charged all applicable penalties for non payment. The property owner can pay the balance outstanding at anytime during the term of the agreement. Once the tax obligation is paid in full, the City Treasurer is required to register a tax arrears cancellation certificate. October 3, 2011 - 2 - F- 2011 -48 Should the property owner fail to meet the obligations of the Agreement then the property would be subject to the same tax sale proceedings that was in place prior to the establishment of the agreement. Recommended by: Respectfully submitted: TH /Iw . Todd Harrison ii irect• r of Finan e oef .1 Atrik Ken TodcY. Chief A• ministratifle Officer MW- 2011 -39 Niagara,Falls October 3, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -39 Fairview Cemetery Section V Development RECOMMENDATION 1. That staff be directed to proceed with the necessary easement agreement between the Corporation of the City of Niagara Falls and Ontario Power Generation (OPG) for the installation of a stormwater drainage outlet from Fairview Cemetery to the OPG canal; 2. That the Mayor and City Clerk be authorized to execute the easement agreement once completed. 3. That a budget of $60,000.00 be established to cover anticipated expenses for the development of Fairview Cemetery Section V. 4. That the development at Fairview Cemetery Section V be funded from the existing cemetery site improvement Special Purpose Reserve #128. EXECUTIVE SUMMARY Approval of the recommendations is necessary to permit the development of Fairview Cemetery Section V. The purpose of this project is to open up new areas of Fairview Cemetery to replenish the needed inventory of single Tots and maintain cemetery revenue streams. The capital expenses for this work will be funded from existing cemetery development reserves. BACKGROUND Cemetery Services provides numerous options for interment in the City of Niagara Falls cemeteries. Maintaining a sufficient supply of different kinds of plots and niches for purchase are vital cemetery cash -flow. The number of available single plots for purchase at Fairview Cemetery is dwindling. To address this inventory supply shortage, Section V was planned for an undeveloped area at the central -west limit of Fairview Cemetery. See Attachment #1. It was determined with the design of Fairview Cemetery Section V that a new stormwater drainage outlet to the OPG Canal is necessary. This outlet will ensure that cemetery lands do not flood in times of heavy rains. To establish this new stormwater drainage outlet, a drainage easement is necessary across Ontario Power Generation (OPG) lands. ANALYSIS /RATIONALE I n preparation for the development of Fairview Cemetery Section V, a request for quotation (RFQ #Q36 -2011) was issued on August 19, 2011 and closed on September 13, 2011. The work includes construction of a stormwater drainage outlet to the OPG canal as well as the regrading, topsoil placement and seeding of cemetery lands. Six (6) bidders responded to the quotation call as listed on Attachment #2. Staff completed a thorough review of each bid and found that the bid submitted by T.T. &H. Montgomery Construction (Niagara) Limited for the amount of $41,369.00 (excluding HST) was the lowest bid that meets all necessary requirements. Subject to Council's approval of the capital budget for the Development of Fairview Cemetery Section V, City staff intends on issuing a Purchase order to T.T. &H. Montgomery Construction (Niagara) Limited to undertake the quoted work. Other necessary works for the development of Fairview Cemetery Development include; October 3, 2011 - 2 - MW- 2011 -39 Finalization of the drainage easement with OPG to establish a stormwater outlet to the OPG canal. This must be completed prior to construction taking place. Relocation of four (4) trees within cemetery lands. Planting of new trees. Extension of an existing water line from a neighbouring cemetery section to the proposed Section V. (Work to be completed by City Environmental Services Staff.) Survey pinning of single plots in Section V for preparation of their sale. (Work to be completed by City Survey Staff.) It is anticipated that the development on Fairview Cemetery Section V will yield approximately 740 single adult lots. The final yield will be determined with post - construction survey pinning of plots. To ensure that single plots within Fairview Cemetery Section V are available for sale in 2012, it is necessary to undertake construction works in Fall 2011. Based on current demand for single plots, the development of Section V should provide approximately ten (10) years of inventory at Fairview Cemetery. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Based on the anticipated yield and current single adult lot fee of $642.00 *, total revenue of Section V plot sales (only) is anticipated to be $475,080.00 ** An additional $428 per lot is charged for Care & Maintenance. It is anticipated that the capital cost for the development of Fairview Cemetery Section V will be $60,000.00. Attached is a capital budget sheet identifying the costs of the project. Funding for this project will be provided through existing cemetery reserve fund. There is adequate money in the reserve to fund this project. There are no staffing implications with this project. October 3, 2011 - 3 - MW- 2011 -39 *This lot charge is for Niagara Falls residents only. Non - residents of Niagara Falls are charged a greater amount of $963.00 for the same lot. * *The anticipated revenue does not consider other future income from associated burial fees and related services that Section V will generate. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities of Financial Stability by maximizing non -tax revenues. LIST OF ATTACHMENTS 1. Fairview Cemetery Section V, Location Plan 2. Summary of Bids, RFQ # Q36 -2011 Fairview Cemetery Section V Development 3. Capital Budget Worksheet Recommended by: Approved by: GH /DA/CR/st Geoff Holman, Director of Municipal Works (6,1;i) Ken Todd, Chief dministratiMe Officer Construction Project Description Development of Section V of Fairview Cemetery including easement agreement Opening Balance -Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land /Building /Furniture/ Equipment Roads Storm Sewers Water Sanitary Sewers S i tew o rk/ L a n d s ca p i n g Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants External Contributions Interest Eamed Other TOTAL FUNDING SOURCES Closing Balance-Dec 31 (surplus) /deficit Department Municipal Works Project Name Fairview Cemetery Section V Development Project I.D. # New CURRENT ACTUAL as of December 31, 2010 Capital Budget Worksheet 2011 Capital Management Reference Purchase Improvement Construction (new) Development YEAR 2010 YEAR 2011 YEAR 2012 YEAR 2013 YEAR 2014 YEAR 2015 60,000.00 60,000.00 60,000.00 60,000.00 0 Niagarapflls 1 5 \ { 15 \ REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works Department MW- 2011 -41 Water Meter Bypass Inspection Program MW- 2011 -41 October 3, 2011 That Council authorize staff to proceed with the implementation of a Water Meter Bypass Inspection Program. Staff has identified an increasing water loss, the difference from what the municipality purchases from the Region to what we sell to our customers. It is at approximately 22 %. The AWWA (American Water Works Association) identifies 6% as low, and a range of 10- 20% is considered average. This places the City within the high range identifying a need to implement measures to determine the sources of this loss. Water loss may stem from various sources including the condition and maintenance of infrastructure, fire fighting purposes, water main breaks, water meter inaccuracies and possible illegal use, such as unauthorized tapping of the City's system, or by way of illegally opening a water meter bypass. Currently, Environmental Services staff pro actively and reactively investigates water loss concerns, by way of: • leak detection program • repairing and maintaining the infrastructure investigating reports of unauthorized use of the water system or meter inaccuracies working with other departments and agencies on water use A poll of approximately 100 municipalities on this issue is attached to this report. The City only had five (5) respondents. Of those municipalities that responded, all permitted bypasses. It was noted however that no respondent had a regular inspection or registration program. The implementation of a regular and annual bypass inspection program will assist in the recovery of water not being metered and billed. It will also ensure that customers with bypasses maintain their systems annually, and stay informed of the consequences of illegal openings. October 3, 2011 Staff are proposing: • a public education campaign take place to advise owners of properties with meters over one inch (1 ") in diameter that the City will begin a regular inspection program • correspondence be sent to all properties with meters one inch (1 ") and greater, requesting they contact the City for inspection, approximately 1,000 accounts. • following inspections, all bypasses will be registered by the City, locked and owners advised that they must notify the City of any use, or regular maintenance -2- MW-2011-41 staff will be available 24 hours per day, seven (7) days per week for unlocking purposes to stakeholders. It is not the intent of staff to place any undue burden on bypass users • following the implementation of this program, regular annual inspections and investigations will occur. FINANCIAL /LEGAL IMPLICATIONS Section 24 of City by -law 2007 -161 which regulates the supply of water, states: 24. "that no one shall open a bypass without notification to the municipality." Further, section 15. of this by -law authorizes the City to inspect and test bypasses at any time. During the past two years, only a handful of meter owners have advised of the need to open a bypass for maintenance purposes. When this is done, staff estimate the water loss and ensure it is billed back to the customer. Following public education, inspection and registration of these bypasses, Council is advised that the City does have the authority to lay charges, if necessary, to any reluctant or refusing owners. This avenue however, would only be used as a last resort and approved through Senior Staff. It is staff's intent to work with and assist stakeholders as much as possible through this process. Due to the increase in Environmental Services staff time for the implementation and follow up of this program, other City departments will be made aware they will no longer be able to utilize free in house plumbing services. The City currently has a blanket order for plumbing services which may be utilized. STAFFING IMPLICATIONS Environmental Services has qualified technical staff for this work. The coordination of this program would require a review of existing responsibilities, expertise and current work load. By utilizing existing staff, it will ensure that the City is well represented during the process of implementation, technical liaising, investigating, reporting and overall coordination for both this program and at a later date, if required, a back flow prevention program. Position review may result in a higher rate of pay for one current staff member, no new staff would be required. Existing temporary staff would manage the administrative portion of this program. October 3, 2011 CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. ATTACHMENT 1. Bypass Poll Recommended by: Respectfully submitted: S Wheeler -3- MW -2011 -41 Geoff Holman, Director of Municipal Works Ken Todd` Chief A. inistrative Off er 41-4 City By -Pass allowed By -Pass Registered By -Pass sealed Inspections done? Penalty Provision. In by -law Type London yes no yes only during meter inspections /repair yes 7 days to comply or water shut off Barrie yes no yes periodic or by low flow yes letter I', off. $500.00 2 " 1,000.00 3` $2,000.00 I lamilton yes no yes written permission to open bypass yes 2 x average daily consumption Fort Erie yes not installed unless approved by Eng. yes written permission to open bypass yes set fine $500.00 Provincial Offences Act Welland yes no yes during meter testing only yes through bylaw services October 3, 2011 Approximately 100 municipalities polled, 5 responses. Attachment MW- 2011 -41 Niagaraaalls ( , 1 V li Y REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works - Fleet Services MW- 2011 -42 Tenders T09 -2011 and T11 -2011 Fleet Purchases MW- 2011 -42 October 3, 2011 1. That Tender T09 -2011 for the purchase of Two (2) Front Wheel Drive Cargo Vans be awarded to Performance Chrysler Dodge Jeep of St. Catharines Ontario in the amount of $42,524.00 (plus tax); and the purchase of Two (2) Regular Cab Pickup Trucks and Two (2) Single Axle Trucks with Dual Wheels, Crew Cab & Contractors Dump Box & Hoist be awarded to Niagara Motors Pontiac Buick GMC of Niagara - on- the -Lake, Ontario in the amount of $119,900.00 (plus tax). 2. That Tender T11 -2011 for the purchase of One (1) Manufacturer's Latest Model 4- Wheel Drive Rubber Tire Loader and Backhoe with Bucket and Extend -A -Hoe fully Operational and Mounted be awarded to Toromont Cat of Stoney Creek, Ontario in the amount of $86,940.00 (plus tax); and the purchase of One (1) Manufacturer's Latest Model 4 -Wheel Drive Articulated Rubber Tire Diesel Powered Tractor Complete with Accessories Attachment be awarded to Work Equipment Limited of Courtland, Ontario in the amount of $134,400.00 (plus tax). 3. That staff be authorized to sign the necessary purchase order and related documents associated with these purchases. EXECUTIVE SUMMARY Staff annually evaluates the condition and service life of existing vehicles and equipment and schedule their replacement subject to the availability of funding in the annual capital budget. This year's program includes the replacement of two (2) 1999 cargo vans; a 1995 pickup truck and 2001 pickup truck; a 1997 crew cab dump truck and 1999 crew cab dump truck; a 1989 John Deere extend -a -hoe backhoe; and a 1995 trackless tractor snowplow. BACKGROUND Staff is presently undertaking a Service Delivery Review which will set out the long term replacement schedule of all of its' rolling stock assets and help coordinate the timing for the procurement of new vehicles and equipment. October 3, 2011 ANALYSIS /RATIONALE After reviewing all tender specifications, it was found that the lowest bids from Performance Chrysler Dodge Jeep, Niagara Motors Pontiac Buick, Toromont Cat and Work Equipment Limited met all the tender specifications and are being recommended for acceptance. FINANCIAL IMPLICATIONS The funding for these purchases has been approved in the 2011 Capital Budget - Vehicle Replacement Program. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with Council's strategic priority to continue to monitor and improve the efficiency of the organization. LIST OF ATTACHMENTS 1. Tender opening summaries. Recommended by: Respectfully submitted: R.Zabor - 2 - MW- 2011 -42 Geoff Holman, Directo of Municipal Works Ken Todd, Chief Ad inistrative Officer Company Loader / Backhoe Option A Loader / Backhoe Option B Articulated Rubber Tire Diesel Powered Tractor Halnor Equipment Ltd 297 Thompson Road Waterford, ON NOE 1 YO $95,000.00 No Bid No Bid Joe Johnson Equipment Inc. 2521 Bowman Street Innisfil, ON L9S 3V6 No Bid No Bid $140,750.00 Notrax Canada Inc (On -Trac Equipment) 760 South Service Road Stoney Creek, ON L8E 5M6 $89,944.00 No Bid No Bid Strongo Equipment 18 Tops Drive Grimsby, ON L3M 4H8 $96,500.00 No Bid No Bid Strongo Limited Partnership 1640 Enterprise Road Mississauga, ON L4W 4L4 $101,400.00 No Bid No Bid Toromont Cat 460 South Service Road Stoney Creek, ON L8E 2P8 $86,940.00 $85,400.00 No Bid Wajax Industries 105 llempstead Drive Hamilton, ON L8W 2Y4 $92,979.00 No Bid No Bid Work Equipment Limited 55 Thunderbird Drive Courtland, ON NOJ 1 E0 No Bid No Bid $134,400.00 INia aY'ipills TENDER SUMMARY CITY OF NIAGARA FALLS REQUEST FOR TENDER T11 -2011 EQUIPMENT FOR GARAGE SECTION Supply of One (1) Manufacturer's Latest Model 4 Wheel Drive Rubber Tire Loader and Backhoe with Bucket and Extend -A -Hoe fully operational and Mounted One (1) Manufacturer's Latest Model 4 Wheel Drive Articulated Rubber Tire Diesel Powered Tractor Complete with Accessories Attachment TOTAL PRICE EACH PER SECTION (TAXES EXTRA No. of Addenda: 0 Company Two (2) - Front Wheel Drive Cargo Vans Total Price for 2 Vans Two (2) - Regular Cab Pickup Trucks Total Price for 2 P/U Trucks Two (2) - Single Axle Truck with Dual Wheels with Crew Cab & Contractors Dump Box & Hoist Total Price for 2 Trucks Brock Ford Sales Inc. 4500 Drummond Road Niagara Falls, ON L2E 6C7 No Bid $41,302.00 $89,204.00 David Chevrolet Corvette Ltd. 915 Niagara Street Welland, ON L3C 1M4 No Bid $34,510.40 $88,432.40 Ed Learn Ford Sales Ltd. 375 Ontario Street, Box 24040 St. Catharines, ON L2R 7P7 No Bid $41,122.00 595,402.00 Forbes Ford Sales 455 South Service Road Grimsby, ON L3M 4E8 No Bid $40,468.00 $90,698.00 Niagara Motors Pontiac Buick GMC 1537 Niagara Stone Road Niagara -on- the -Lake, ON LOS 1T0 No Bid $31,700.00 $88,200.00 Performance Chrysler Dodge Jeep 357 Ontario Street St. Catharines, ON L2R 7A7 $42,524.00 $37,022.00 $88,212.00 Niagara TENDER SUMMARY CITY OF NIAGARA FALLS REQUEST FOR TENDER T09 -2011 VEHICLES FOR GARAGE SECTION Supply of Two - Front Wheel Drive Cargo Vans Two - Regular Cab Pickup Trucks Two- Single Axle Truck with Dual Wheels with Crew Cab & Contractors Dump Box & Hoist TOTAL PRICE TWO VEHICLES PER SECTION (TAXES EXTRA) No. of Addenda: 0 Niagarapalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Development & Building PD- 2011 -65 October 3, 2011 SUBJECT: PD -2011- 65 TARG- 2011 -001, Brownfield Rehabilitation Grant Application 7549 Kalar Road - 2124484 Ontario Ltd. (Warren Woods Development) Agent: Luciano Piccioni - RCI Consulting RECOMMENDATION 1. That Council approve the application for a Rehabilitation Grant, subject to meeting the program requirements, including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign the agreement. EXECUTIVE SUMMARY The City has received a Rehabilitation Grant Application under the Brownfield Community Improvement Plan for the former site used as AA Auto Salvage at 7549 Kalar Road, south of McLeod Road. The clean up and rehabilitation of this site meets with the programs contained in the Brownfield CIP and is eligible for a grant which encourages the remediation of the site into a productive urban redevelopment property. BACKGROUND The site is 1 hectare (2.5 acres) in size and was formerly used by AA Auto as an auto repair and salvage yard. The property has been purchased by Warren Woods Development. It is the intent of the owners to develop four separate buildings totalling 80 residential condominium units. Phase 1 and 2 Environmental Site Assessment Studies were completed a couple of years ago along with a more recent Investigation & Soil Remediation Program which was required to support the filing of a Record of Site Condition with the Ministry of Environment. The approval of the Record of Site Condition will be a condition of approval of the proposed development. ANALYSIS /RATIONALE The results of the environmental reports indicate the presence of elevated concentrations of petroleum hydrocarbons, as well as, beryllium, lead and zinc in localized areas. The remediation plan is to remove the metals and PHC- impacted soil to Walker Brothers Quarry, which is an approved landfill site. Some less contaminated material will be moved October 3, 2011 material has been approved by the Ministry of Environment. There were twenty -six test pits carried out across the subject property and a strict quality control program implemented as part of the remedial action plan. FINANCIAL IMPLICATIONS - 2 - PD- 2011 -65 The purpose of the Brownfields Rehabilitation Grant Program is to encourage the remediation, rehabilitation and adaptive re -use of brownfield sites by providing grants to help pay for additional rehabilitation costs normally associated with brownfield sites. The Rehabilitation Grant Program will provide a financial incentive in the form of an annual grant for up to ten (10) years to help offset the cost of rehabilitating eligible brownfield properties only where that rehabilitation results in an increase in assessment value and property taxes on these properties. The annual grant available under the Rehabilitation Grant Program will begin when the final building inspection has taken place, reassessment of the property has taken place, and the property owner has paid the property taxes in full for the year in which the grant is to be provided. The annual grant is determined to be 80% of the incremental tax increase in each year. The maximum eligible grant amount is estimated at $628,792 with $578,792 being environmental costs and $50,000 being for on -site infrastructure upgrading costs. In addition to the rehabilitation grant, there is an additional benefit related to the exemption of development charges. I f this project qualifies it couldl be 100% exempt of development charges. The applicant with an approved application and agreement for a property under the Brownfields Rehabilitation Grant Program will have the option of applying the costs of environmental remediation against the development charges payable for that property. If the applicant chooses to exercise this option, the costs of remediation applied against the development charges payable (development charges exempted) will be deducted from the Brownfield Rehabilitation Grant to be paid. The estimated development charges that will be exempt amount to approximately $440,000. Based on the eligible expenses of $628,792 the utilization of the exemption will result in the maximum of the Rehabilitation Grant being reduced to approximately $188,792. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs of the Brownfield CIP and encourages the remediation and redevelopment of a former motor vehicle repair and salvage yard site into a productive urban land use. LIST OF ATTACHMENTS ► Appendix 1 Location Map ► Appendix 2 Concept Plan for the Proposed 80 -Unit Condominium October 3, 2011 Recommended by: Respectfully submitted: B.Bolibruck Attach. - 3 - S: \PDR \2011 \PD - 2011 -65, Rehabilitation Grant Warren Woods.wpd Ken Todd, 1 hief :j inistrativ Officer PD- 2011 -65 Alex Herlovitch, Director of Planning, Building & Development October 3, 2011 - 4 - APPENDIX 1 PD- 2011 -65 FSCL-EOD --Ma-EGO-RD Loc G:EOD RP1 tion Map September 2011 October 3, 2011 - 5 - APPENDIX 2 PD-2011-65 PD- 2011 -70 Niagara,Falls October 3, 2011 C i . A U:\ 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 -70 Commercial Building & Facade Improvement Grant Application CB &FIG - 2011 -005, 5926 Main Street, Desa Mrkalj (Sestan Holdings Ltd.), Double "D" Restaurant and Bar RECOMMENDATION 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5926 Main Street, subject to the owner satisfying the program requirements. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: • the proposed facade work complies with the City's Commercial Building & Facade Improvement Grant Program; • the funding will assist in improving the appearance the existing building along Main Street; and • the funds are available in the Special Purpose Reserve of the Historic Drummondville CIP. BACKGROUND The subject property is located at 5926 Main Street within the Historic Drummondville CIP Project Area. The application requests funding for improvements to the front facade of the building and new signage. The extent of work includes refinishing the exterior finish with new stucco and the replacement of an old canopy sign. The front of the restaurant will blend in with the adjacent property to the south which was recently approved for a facade improvement grant. The estimated cost to stucco the front of the building and replace the old canopy sign is $15,800. The owner will be eligible to receive a maximum facade grant of $7,900 and the Region will pay one half or $3,950 of the grant. October 3, 2011 The owner has moved forward with the stucco of the building as the company was working on the adjacent property and a favourable cost was provided. While the program requires approval from Council before the work is undertaken, there have been previous applications approved where the work has already been completed. FINANCIAL IMPLICATIONS If approved, the funding cost for the facade improvement will be taken from the Historic Drummondville Special Purpose Reserve. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the area. Since the streetscape improvement have been carried out over the past year, there has been an interest by a number owners to improve their building facades. LIST OF ATTACHMENTS ► Appendix 1 Location map of the subject property. ► Appendix 2 Photo of the current facade of the Double "D" Restaurant and Bar Recommended by: Respectfully submitted: B.Bolibruck Attach. - 2 - PD- 2011 -70 Alex Herlovitch, Director of Planning, Building & Development S: \PDR\2011 \PD- 2011 -70, CB &FIG - 2011 -005, Desa Mrkalj, Double D Restaurant.wpd Ken Todd, Chief Adkninistrative Officer October 3, 2011 - 3 - APPENDIX 1 PD-2011-70 "T 7 FERRY-ST ERRY- r- , ,Z , i LUNDY:S:LN t . ! , , , ', • Subject Land I _ < il LS J1 LLLJ RY-ST FERRY- Li L,.....-L-.. ,; 1. : , ' ■ : I : 1 . : : ! 4 - 1 • f • ., j t .i. , 4-- v, '', 2 '2: - I " " ' l ; I I ' ' t I ''' ' 2 1 '''l i • t , 1 .1 - 1 OH L-P - I . "! t . ;.-t- -- --- t it A • -tt E0v .._ ' elikvjARET I> 1 J 04 • ; - 1T ; L • ; ••• — sioNit4EW .: T ---sYt114 1 1 . Location Map ..___ 1 1 1 1 SkINGSI _ iiviTAtrs ' '7 11 Not. e: " ER. z < 4- •;' September 2011 October 3, 2011 - 4 - APPENDIX 2 PD- 2011 -70 Niagara REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Recreation & Culture SUBJECT: R &C - 2011 -14 2011 Sports Wall of Fame Inductees RECOMMENDATION That Council approve the following 2011 Sports Wall of Fame Inductees: Pre 1970 Era Name Don MacLean E. Barry Mitchelson N.F.C.V.I. District & C.O.S.S.A. Basketball Champions, 1945 N.F.C.V.I. District Rugby Team Champions, 1944 1971 - 1990 Era Name Les Potapczyk Bill Reece Frank Roperti Alec Tanos 1991 - Present Era Name Bill Rootes Chippawa Jr. 'C' Riverhawks - Ontario Champions 2001 EXECUTIVE SUMMARY Category Athlete Athlete Team Team Category Builder Builder Athlete Builder Category Builder Team R &C- 2011 -14 October 3, 2011 Sport Hockey /Baseball Basketball /Football Basketball Rugby Sport Basketball Baseball Wrestling /Martial Arts /Soccer Hockey Sport Basketball Hockey The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those, in our community, who have brought them fame and to our City. The 2011 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 29, 2012. October 3, 2011 2 R &C- 2011 -14 BACKGROUND For the past 22 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather program sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS /RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. FINANCIAL /STAFFING LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather program sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well- being of our people, our communities, our environment and our economy. The objective of the Niagara Falls Sports Wall of Fame is to honour and perpetuate the names and deeds of those individuals and teams whose athletic abilities have brought fame to themselves and their community, and of those individuals whose interest in and work for sport has resulted in a climate which benefited athletes and athletics. LIST OF ATTACHMENTS ► 2011 Sports Wall of Fame Inductees Achievements Recommended by: Respectfully submitted: Kathy Moldenhauer Acting Director of Recreation & Culture LA Attachment V:\2011 COUNCIL\2011 10 03 \R &C- 2011 -14 - 2011 Sports Wall of Fame Inductees.wpd Ken Todd, Chief . ministr( tive Officer Name Category /Sport Short Bio Les Potapczyk Builder /Basketball • Les has been involved with basketball since 1970 and helped organize the Niagara Falls Minor Basketball League. • In 2006, Les was awarded with the City's George MacPhail Award for his outstanding service in the field of recreation Frank Roperti Athlete/Wrestling, Martial Arts & Soccer • From 1980 through 1989, Frank won numerous Ontario Judo and Wrestling Championships • 1982 Ontario Soccer Cup Champion Bill Reece Builder /Baseball • Bill has been involved with baseball since the late 1940's and early 1950's as a player. • In 1956, Bill was the Assistant Coach of the Canadian Legion Peewee Ontario Baseball Champions and continued his involvement with baseball for many years. • Bill is a lifetime member of the Greater Niagara Baseball Association Alec Tanos Builder /Hockey • Alec began coaching hockey in 1951 and coached for 40 years, until 1991 • Coached Legion Hockey for 14 years then moved on to the Niagara Falls Minor Hockey League Name Category /Sport Short Bio Don MacLean Athlete /Hockey & Baseball • Don played hockey with the Niagara Falls Flyers from 1969 to 1972, with Sudbury from 1972 to 1974 • Don played in the N.H.L. with the Philadelphia Flyers and the Washington Capitals. E. Barry Mitchelson Athlete /Basketball & Football • Barry had a high profile athletic career as an athlete, coach and significant contributor to our Olympic endeavours. • Barry played professional football with the Edmonton Eskimo Football Club N.F.C.V.I. District & C.O.S.S.A. Basketball Champions, 1945 Team /Basketball • In 1944 -45, the N.F.C.V.I. Junior Boys Basketball team went undefeated on their way to winning the District & C.O.S.S.A. championships. N.F.C.V.I. District Rugby Team Champions, 1944 Team /Rugby • In 1944, the N.F.C.V.I. Senior Boys Rugby Team went undefeated on their way to winning the District & C.O.S.S.A. championships. Pre 1970 Era R &C- 2011 -14 Attachment #1 2011 Sports Wall of Fame Inductees Selections 1971 -1990 Era Name Category /Sport Short Bio Bill Rootes Builder /Basketball • Bill was one of the main creators of the Niagara Falls Red Raiders Basketball program • President of the Red Raiders Basketball Association for approx. 10 years, organizing the tournaments, getting coaches, fundraising, setting schedules and concessions.. • In 2001, Bill was named the 20 recipient of the Niagara Falls Review Doug Austin Award Chippawa Jr. `C' Team /Hockey • Played in the Niagara District Junior `C' East Riverhawks Division of the Ontario Hockey Association Ontario • Over 50 teams in Junior `C' compete for the Champions 2001 Championship Trophy, each year. • In 2001, the Chippawa Jr. `C' Riverhawks won the Ontario Hockey Championship 1991 - Present Era V: \2011 COUNCIL \2011 10 03 \R &C- 2011 -14 Attachment #1 - 2011 SWOF Inductees Achievements.wpd Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That a stop sign be installed facing eastbound motorists on Thorton Street at Preston Avenue. EXECUTIVE SUMMARY A stop sign is warranted facing eastbound traffic on Thorton Street at Preston Avenue. It will require that all drivers stop before entering the intersection. BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -37 Preston Avenue at Thorton Street Intersection Control Review City Staff has been requested to investigate the feasibility of installing a stop sign at the intersection of Thorton Street and Preston Avenue. Currently, there is no control at this intersection. Study results indicate that a stop control is warranted at the intersection of Thorton Street and Preston Avenue. The visibility triangle requirements for the basic right -of -way rule are not met thus warranting additional controls. This is common in developed residential areas with buildings and fencing normally constructed within the visibility clear zone. This triangle provides motorists sufficient visibility to view approaching vehicles and therefore be able to react appropriately. A collision review revealed that no collisions have been reported at the intersection of Thorton Street and Preston Avenue in the previous three -year period. FINANCIAL /STAFFING /LEGAL IMPLICATIONS TS- 2011 -37 October 3, 2011 The installation of the stop sign is carried out by Transportation Services staff. The labour and material costs are accounted for in the Approved 2011 General Purposes Budget. Cost studies estimate that the cost to install the sign is approximately $250. October 3, 2011 2 TS- 2011 -37 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services fivt 1 inistjtive Officer 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. (Stop Signs at Intersections. Parking Prohibited. Limited Parking) 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 P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC McGarry Drive & Joseph Court Southbound on Joseph Court (b) by removing from 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 Leonard Avenue East Lundy's Lane and a point At any times 145m north of Lundy's Lane (c) by removing from the specified columns of Schedule E thereto the following item: Passed this third day of October, 2011. First Reading. October 3, 2011 Second Reading: October 3, 2011 Third Reading: October 3, 2011 -2- LIMITED PARKING COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY SIDE BETWEEN TIMES OR DAYS MAXIMUM PERIOD PERMITTED Leonard Avenue East Lundy's Ln. And a point 8:00 a.m. and 6:00 p.m. 1 hour 23m north of Lundy's Lane (d) 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 Leonard Avenue East A point 15 metres north of Lundy's Lane and At All Times a point 145 metres north of Lundy's Lane This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Extension Agreement with Gerald Horban respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Gerald Horban and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 5544 McLeod Road. as attached hereto. is hereby approved and authorized. 2. The May and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this third day of October, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: October 3. 2011 October 3. 2011 October 3, 2011 EXTENSION AGREEMENT THIS AGREEMENT made this 3rd day of October, 2011. BETWEEN: The Corporation of the City of Niagara Falls (Hereinafter called the "Corporation ") OF THE FIRST PART; and - Gerald Horban (Hereinafter called the "Owner ") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the City of Niagara Falls Described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 31' day of December, 2010 in the amount of 884,268.12 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 4`" day of October, 2010 in respect of the Owner's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (1) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by -law authorize an extension agreement with the Owner of the land, in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub- section 379(1) of the Municipal Act, 2001; AND WHEREAS the execution of this agreement was authorized by by -law 2010- 140 of the City of Niagara Falls; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to April 3, 2012 the payment period for the cancellation price payable in respect of the land. 2. The Owner will make payments to the Corporation in accordance with Schedule `'B" attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the land as they become due and payable during the term of this Agreement; and b. not later than 14 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001 as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector of the Corporation, without waiving_ the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. the event the Owner defaults in any payments required by this Agreement. this Agreement upon notice being given to the Owner by the Corporation. shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner and any other person may at any time pay the balance of the cancellation price upon receipt of the aforesaid payment by the Corporation, this Agreement shall teiiuinate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. If any paragraph or part of paragraphs in this Agreement is determined by a court or tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: Gerald Horban, 5544 McLeod Road, Niagara Falls, Ontario, L2G 3E3 IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean Iorfida, City Clerk Signed at The City of Niagara Falls this 3' day of October, 2011. Witness Signature of Owner Witness Signature of Owner Schedule "A" DESCRIPTION OF THE LAND: LEGAL DESCRIPTION LT J.. MAHER PL 4, PT LT 2 PL4, AS IN R0640349 except PT3 on 59R11850 & PT4 on 59R11974; NIAGARA FALLS Property Identification Number 6376 -0143 (LT) Roll Number 27 2 5 080 003 14600 0000 Property Location 5544 McLeod Road Niagara Falls, Ontario L2G 3E3 Schedule "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $50,000.0() October 3, 2011 S141,751.31 April 3, 2012 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to appoint Councillor Vince Kerrio as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by -law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls will be vacant as a result of James M. Diodati being absent from the City from October 10, 2011 to and including October 16, 2011; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Councillor Vince Kerrio is hereby appointed Acting Mayor from October 10. 2011 to and including October 16. 2011. At the conclusion of the period described in paragraph 1, James M. Diodati shall resume his appointment as Mayor, together with all powers and duties associated with that office. Passed this third day of October. 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: October 3, 2011. October 3, 2011. October 3, 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 3` day of October. 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: The actions of the Council at its meeting held on the 3 " day of October. 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 May 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 third day of October. 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: October 3, 2011 October 3. 2011 October 3, 2011