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2011/11/14Niagarapalls Honeymoon Suite Business Recognition Awards Re /Max Niagara Realty - 25 Years; Queen Street Pharmacy - 25 Years; Anastasio's Appliance Repair - 25 Years; Elite Travel Agency - 25 Years; Expressions Flowers and Gifts - 25 Years; COUNCIL MEETING November 14, 2011 PRAYER: Councillor Gates ADOPTION OF MINUTES: Council Minutes of October 24, 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 CYTEC Candy Cane Lane 5K Race& Fun Run Dino Fazio will inform Council of the upcoming Cytec Candy Cane Lane 5K Race and Fun Run. Movember Justin Canestraro, co -chair of the Niagara Falls Professional Firefighters Associations Public Relations Committee, will address Council on the annual initiative that raises awareness on Prostate Cancer. The Mayor will honour Johnnie Dee (DeGiuli) and the members of Honeymoon Suite for their years of success and profiling our community. The following businesses will be recognized for 25 years and more of service in the community. IFR Monitoring Canada Inc.- 25 Years; Niagara Falls IMAX Theatre - 25 Years; T. Hodgson and Co. Inc.- 25 Years; Sacco Construction Limited - 25 Years; Marone Construction Ltd.- 25 Years; Italian Bakery / Pure Cake Design - 25 Years; Kenneth B Harris Barrister and Solicitor - 25 Years; Barbisan Research and Development Corporation - 25 Years; Provincial Maintenance - 25 Years; ACA Engineering Services - 25 Years; Holiday Inn by the Falls - 25 Years; State Farm Insurance Company - 25 Years; A.C. Vinyl Windows - 25 Years; Rolfe Financial /Niagara Peninsula Benefit Brokers - 25 Years; B & W Services - 25 Years; Ormerod Solutions - 25 Years; Royal Linen Service Ltd.- 30 Years; CIS Income Tax Service - 30 Years; Brock Ford - 30 Years; Kara Fashions - 30 Years; Clancy's Restaurant and Bar - 30 Years; Athena Beauty Institute - 30 Years; Pedlar Bicycle Shop - 35 Years Background Material: Recommendation Report: TS- 2011 -44 Background Material: Recommendation Report: PD- 2011 -80 PLANNING MATTERS Public Meeting Bridge Street - 2 -Hour Parking Time Limit Zone, Review of Parking Enforcement Public Meeting 26T -11- 2011 -02 & AM- 2011 -010 Marinelli Estates Draft Plan of Subdivision Zoning By -law Amendment Application South of Mountain Road, West of St. Paul Avenue Owner: 800460 Ontario Limited (Fruitbelt Development) -AND- 3 Correspondence from Lucia and Ferdinand Fuoco Correspondence from Tina & Tony Lisi Correspondence from Brian & Emilie Wetherell MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2011 -79 - Response to District School Board of Niagara Regarding Disposal of Battlefield School - 6045 Barker Street FINANCIAL MATTERS MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Niagara Parks Police - requesting financial relief from false alarm invoices. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. REPORTS 1. Chief Administrative Officer F- 2011 -51 - Fee for Service 2. Chief Administrative Officer F- 2011 -52 - Habitat for Humanity - 5076 McRae Street The Director of Finance will do a presentation on the 10 -year Capital Plan. MUNICIPAL WORKS MATTERS 4 1. Chief Administrative Officer MW-2011-51 - Fairview Cemetery Winter Maintenance Policy Chief Administrative Officer MW- 2011 -52 - Preakness Neighbourhood Park Playground Improvements RATIFICATION OF "IN CAMERA" RECOMMENDATIONS RESOLUTIONS 1 THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Regional Municipality of Niagara and the Niagara Homelessness Advisory Committee to reconsider Prevention funding for applicable programs within the municipality. 2. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S. O., that the proposed changes in the draft Plan of Subdivision (26T -11 -2006- 02) are minor in nature and do not require any further notice CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2011 -44 - Mobile Digital Radio Systems, Tender T10 -2011 MW- 2011 -46 - McRae Street Reconstruction Phase 2, Contract 2011- 247 -11 - Tender Award MW- 2011 -47 - Consultant Appointment Engineering Services, McLeod Road Reconstruction Project (Pin Oak Drive to Kalar Road) MW- 2011 -48 - Consultant Appointment, Municipal Class Environmental Assessment Kalar Road (Lundy's Lane to Westwood Street) MW- 2011 -50 - Assumption of Various Subdivisions - 5 - PD- 2011 -81 - Gateway Signage for Downtown PD- 2011 -82 - 26T -11- 2006 -02, Modification to a Draft Approved Plan of Subdivision, Kalar Road (West Side) Between McLeod Road & Brown Road. Owner: Warren Woods Land Corporation (Robert O'Dell) TS- 2011 -27 - Fraser Street, Parking Control Review TS- 2011 -42 - Fallsview Boulevard Loading /Unloading Zone 2011 - 140 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -136 A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. (AM-2011-007) 2011 -137 A by -law to amend By -law No. 79 -200, to introduce regulatory provisions for drive - through facilities. (AM- 2011 -007) 2011 -138 A by -law to amend By -law No. 79 -200, to facilitate the redevelopment of a gas bar with car wash facilities and a convenience store and expand the range of permitted uses on the Lands. (AM- 2011 -008) 2011 -139 A by -law to authorize the execution of an Agreement with Dr. Ghazanfar Ahmed dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. A by -law to authorize the execution of an Agreement with Dr. David Rosa dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2011 -141 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2011 -142 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of November, 2011. * * * ** NEW BUSINESS Teresa Fabbro - Deputation - Monday From: Dino Fazio <Dino @wfol.com> To: Dean Iorfida <diorfida @niagarafalls.ca> Date: 11/9/2011 1:02 PM Subject: Deputation - Monday CC: Victor Pietrangelo <vpietrangelo @niagarafalls.ca> Hi Dean: Can I get on the agenda for Monday? Just 5 minutes to inform Council of upcoming CYTEC Candy Cane Lane 5k Race & Fun Run. Let me know and approximate time please? Much Thanks, Dino Page 1 of 1 file://C:\Documents and Settings \tn206 \Local Settings \Temp \XPgrpwise \4EBA7C23Doma... 11/9/2011 (11/9/2011) Dean lorfida - Speaking at Council meeting Page 1 From: Justin Canestraro To: Iorfida, Dean Date: 11/3/2011 11:12 AM Subject: Speaking at Council meeting Hi Dean my name is Justin Canestraro co -chair of the Niagara Falls Professional Firefighters Associations Public Relations Committee. I was wondering if it would be possible to speak at this coming meeting to the mayor and council about "Movember" prostate cancer awareness. I will be asking that the mayor and council officially declare the month of November to be Movember in the city of Niagara Falls as well as issuing a challenge to all city staff to raise more money than the Firefighters this year. Can you let me know if this is possible? Thanks Justin Canestraro J.canestraro Anniversary Company Name 20 Dennis Prentice CGA 25 Re /Max Niagara Realty 25 Queen Street Pharmacy 25 Anastasio's Appliance Repair 25 Elite Travel Agency 25 Expressions Flowers and Gifts 25 IFR Monitoring Canada Inc. 25 Niagara Falls IMAX Theatre 25 T. Hodgson and Co. Inc. 25 Sacco Construction Limited 25 Marone Construction Ltd. 25 Italian Bakery / Pure Cake Design 25 Kenneth B Harris Barrister and Solicitor 25 Barbisan Research and Development Corporation 25 Provincial Maintenance 25 ACA Engineering Services 25 Holiday Inn by the Falls 25 State Farm Insurance Company 25 A.C. Vinyl Windows 25 Rolfe Financial /Niagara Peninsula Benefit Brokers 25 B & W Services 25 Ormerod Solutions 30 Royal Linen Service Ltd. 30 CIS Income Tax Service 30 Brock Ford 30 Kara Fashions 30 Clancy's Restaurant and Bar 30 Athena Beauty Institute 35 Pedlar Bicycle Shop REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Niagarapalls November 14, 2011 SUBMITTED BY: Planning, Building & Development PD- 2011 -80 SUBJECT: PD- 2011 -80 26T -11- 2011 -02 & AM- 2011 -010 Marinelli Estates Draft Plan of Subdivision Zoning By -law Amendment Application South of Mountain Road, West of St. Paul Avenue Applicant: 800460 Ontario Limited (Fruitbelt Development) RECOMMENDATION 1. That Council grant draft plan approval to the Marinelli Estates Plan of Subdivision as detailed in this report and subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Zoning By -law amendment application be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor; and That staff arrange a meeting with the developer and Mountain Road property owners adjacent to the entrance to discuss the provision & specific details of additional trees, that the request of the property owners at 6630 Mountain Road for a curb cut, or lower curb, to allow access to their rear yard be accommodated and that City staff meet with Mr. Richardson and his client regarding the Colangelo Estates access road issue. EXECUTIVE SUMMARY The applicant has submitted an application to subdivide the subject property into 11 lots for detached dwellings, a block for a walkway and a block for a 0.3 metre reserve. A Zoning By -law amendment application to rezone the subject lands from Development Holding (DH) to Residential Single Family 1C Density (R1 C) has been concurrently submitted. Planning staff recommends the applications for the following reasons: • The proposal is within the urban boundary and designated for residential use which is a logical extension of built form and meets Provincial policies; November 14, 2011 The lot sizes are compatible with the subdivision to the east and are in keeping with the character of the surrounding area; The proposed subdivision conforms to the City's Official Plan with respect to compatibility and maximum density; and • The requested R1C zoning is consistent with the zoning in the area. BACKGROUND Proposal The applicant submitted an application to subdivide 1.306 hectares (3.23 acres) into 11 lots for detached dwellings. The subdivision includes a block of land (Block 12) that is proposed to widen a planned walkway connecting the subdivision with the Haulage Road Trail to the south. The applicant has also submitted a Zoning By -law amendment application to change the zoning of the subject land in By -law 79 -200 from DH to R1 C to reflect the size of the lots being proposed. On August 30, 2011, the subject property received provisional consent (B- 2011 -015) that severed a residential lot with an existing house fronting onto Mountain Road. The remaining land comprises the land subject of this application. Surrounding Land Uses The subject property consists of a former orchard. The surrounding land uses include residential uses (detached dwellings) to the north and east. To the west is a detached dwelling with a large, open rear yard. To the south is the Haulage Road trail and additional detached dwellings further south. There is a natural heritage feature (significant woodland) immediately southwest of the subject property. Circulation Comments • Municipal Works Department • Transportation Services Department - No objections to the applications. It is recommended that 2 speed control devices be constructed along Marinelli Drive. • Transit Division - No objections to the applications. • Fire Department - 2 - PD- 2011 -80 No objections to the applications. Municipal Works provided several standard conditions to be incorporated into the conditions of draft approval. - No objections to the applications. The Fire Department does not support the request from Donato Colangelo to close the temporary entrance into November 14, 2011 • Region of Niagara Colangelo Estates from Mountain Road once Marinelli Drive is constructed. They also request that access for emergency vehicles be provided between the proposed subdivision and Dell Park Drive on the south side of the Haulage Road Trail. Niagara Peninsula Conservation Authority Advises that the environmental impact study (EIS) that accompanied the applications is sufficient to demonstrate that there will be no negative impacts on the abutting significant woodland. They also request that a stormwater management plan be submitted for approval. The Region of Niagara has no objections to the applications. In addition to their standard conditions, additional conditions have been added to address access to Mountain Road (Regional road) and determine if any environmental contamination (from use of pesticides containing lead during the former use of the subject property as an orchard) exists. Neighbourhood Open House ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan - 3 - PD- 2011 -80 A neighbourhood open house was held on October 5, 2011. Only the applicant and the current property owners attended. Prior to the open house, Lucia and Ferdinand Fuoco (the owners of 6630 Mountain Road) submitted a letter outlining their concerns with the proposed subdivision. While they do not object to the proposed subdivision, they request that trees be planted in the road allowance so as to provide privacy for their rear yard and they would like to have a curb cut on Marinelli Drive for access to their rear yard. Planning staff met with the Emilie Wetherell (co -owner of the lands to the west - 6666 Mountain Road) regarding the possibility of having servicing laterals installed along the proposed Marinelli Drive, which would facilitate future development of their land. In addition, they also submitted a letter outlining their comments including a request for a board fence along the west side of Marinelli Drive and ask that the City keep the temporary entrance at Colangelo Estates open. In addition, a letter was received from Tina and Tony Lisi (owners of 6646 Mountain Road) outlining their request for trees along the side of their property and that the City keep the temporary entrance to Colangelo Estates open. A letter was received from Donato Colangelo, developer of the Colangelo Estates subdivision immediately east of the subject property. Mr. Colangelo requests that the temporary street access to his subdivision be closed once Marinelli Drive has been constructed. The Growth Plan and Provincial Policy Statement direct growth to built up areas and promote intensification. The proposed subdivision is located within the built November 14, 2011 boundary, which meets the intent of the Growth Plan of directing development within the built boundary. It would also contribute to the City's short term supply of residential units available in draft approved plans. The proposed subdivision will be on full municipal services (road, water, sewers). In addition, the proposed subdivision will connect to existing services from the abutting subdivision which is encouraged by Provincial policy. 3. Official Plan - 4 - PD- 2011 -80 The Official Plan sets out the City's direction with respect to managing the physical, economic, environmental, and social aspects of growth. The subject property is designated Residential in the Official Plan. Under this designation, development is to be compatible with the surrounding land uses. The proposed subdivision has a density of 9 units per hectare (4 units per acre), which is within the limit of 25 units per hectare (62 unites per acre) for single detached dwellings. Furthermore, the lot sizes and proposed zoning are similar to those in the subdivision to the east (Colangelo Estates), making the proposed subdivision compatible with the surrounding lands. The Official Plan requires new development to occur in such a manner that it would not constrain the efficient development of surrounding lands. There is approximately 1.4 hecatres (3.5 acres) of undeveloped land to the west that would be suitable for additional development. The proposed subdivision accommodates the residential development to the west. 4. Subdivision Design As part of the subdivision process, conditions of draft approval are included in the Appendix. These conditions implement the requirements of the City as well as external agencies (e.g. utility companies, Region of Niagara, NPCA, etc.). This will ensure the City's interests are protected as the development proceeds. The proposed subdivision would extend Lucia Drive in Colangelo Estates to join with Mountain Road by the new street, Marinelli Drive. Lots are limited to one side of Marinelli Drive due to the width of the subject property. Lucia Drive is designed in such a manner that it may be extended further west to accommodate future development. A 0.3 metre (1 foot) reserve along the entire west side of Marinelli Drive will be dedicated to the City. This serves to prevent the abutting property from obtaining legal access to Marinelli Drive without City approval. The intention of the reserve is to ensure that the lands to the west develop in a coordinated manner through a plan of subdivision. The reserve can be lifted as a condition of draft approval for any future subdivision to the west. There is nothing to infer that the reserve is intended to act as means for cost recovery in the future as the road and underground services are the minimum level of local services needed for the 11 Tots. A park is not required as part of the development. Block 12 is to be conveyed to the City as part of a walkway to the Haulage Road Trail and will be credited as parkland, the balance of the parkland will be received as cash -in -lieu of parkland. November 14, 2011 - 5 - PD- 2011 -80 Donato Colangelo (the developer of the Colangelo Estates subdivision) requests that the temporary entrance to Colangelo Estates be closed once Marinelli Drive is constructed. The Fire Department does not support this request since it creates a longer dead -end street that serves more dwellings. This is also contrary to Official Plan, which limits the length dead -end streets to 150 metres (500 feet). Marinelli Drive will be a permanent entrance that provides through access for Marinelli Estates and Colangelo Estates. Once the lands east of Colangelo Estates are developed and a second permanent access is provided, the City will be in a position to close the temporary access to Colangelo Estates. The Fire Department has identified this development as providing an opportunity to reconcile the need for emergency access to the Dell Park Subdivision. This would involve extending an emergency lane connection between Lucia Drive and Dellpark Drive across the Haulage Road Trail. To accommodate the Fire Department's request for access to Dellpark Drive, Block 12 will have to be widened to 6 metres (19.7 feet). This will require that the frontage of Lots 1 to 3 be reduced by 1 metre (3.3 feet) each. The access to Dellpark Drive would be limited to emergency vehicles only. Without diminishing the safety importance of this request, vehicle access across the Haulage Road Trail has already been discussed, debated and decided at an Ontario Municipal Board hearing. This request does not take into account the difficulty presented by the grade differential and the related cost to reconcile this. While not ideal, it is possible that some limited emergency access could be provided to the end of Dellpark Drive via the Haulage Road Trail. Servicing for the proposed subdivision is by extension of existing water, sanitary and storm sewers located in Colangelo Estates. There are no anticipated issues with servicing the proposed subdivision. The Wetherells met with Planning staff and request that consideration be given to constructing service laterals to facilitate future development along the west side of Marinelli Drive. Planning staff does not know where exactly where future lots will be, therefore, it is premature to provide service laterals. It should be noted that the services for proposed subdivision would be adequate to accommodate future development without the need of providing oversized infrastructure. The Wetherells also request that a board fence be constructed along the west side of Marinelli Drive to provide security and privacy. The lands west of the subject property are likely to be developed at some point in the future. Therefore, it does not make sense to require the applicant to construct a fence that is likely to be removed in the future. The Fuocos and Lisis request that additional street trees be planted on Marinelli Drive along their respective properties to provide some measure of privacy and help reduce the impact of the proposed street. The City's practice is to require 2 street trees along the exterior side yard of a lot, therefore, the two affected properties will each receive 2 trees. The Fuocos also request to have access to the rear yard of their property from Marinelli Drive. This would be allowed by obtaining a road occupancy permit from the City. Planning staff has provided a condition that would remove the 0.3 metre (1 foot reserve) from along the Lisi's property, which would afford them the same opportunity for access to Marinelli Drive as the Fuocos. November 14, 2011 5. Zoning By -law Amendment Accordingly, Planning staff considers the requested Zoning By -law amendment to be appropriate. FINANCIAL IMPLICATIONS The proposed subdivision will generate revenue from development charges and increased property taxes on the new lots. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The applications support Council's strategic priorities for infrastructure and financial as the cost of developing the proposed subdivision will be bourne by the applicant. The proposed subdivision provides for development as envisioned by the City's Official Plan. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Subdivision Plan ► Appendix A - Conditions of Draft Approval Recommended by: Respectfully submitted: D.Deluce:mb Attach. - 6 - PD- 2011 -80 The subject property is currently zoned DH in accordance with By -law No. 79 -200. The applicant requests that the subject property be rezoned to R1C. The proposed lot areas of the proposed subdivision range from 635 square metres (6835 square feet) to 791 square metres (8514 square feet) and the lot frontages range from 17 metres (55.8 feet) to 21.151 metres (69.4 feet). All of these exceed the minimum regulations of the R1C zone. In addition, the lands to the east are zoned R1C 543 (reduced lot frontage for a corner lot) and the lands to the south are zoned R1 C. Therefore, the requested zone change is compatible with the surrounding zones. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2011 \PD- 2011 -80, 26T -11- 2011 -02 & AM- 2011 -010, Marinelli Estates Draft Plan of Subdivision.wpd November 14, 2011 - 7 - SCHEDULE 1 PD-2011-80 Marinelli Estates Draft Plan of Subdivision Part Lot 25, Geographic Township of Stamford File No. 26T-11-2011-02 TOP . 1 5 c1 tK OR • , Subject Land j A1,0AR , , , . D WON TA 1 r* RD. If FE ET 4, Schedule 1 Location Map 1.2153 001000, 2011 November 14, 2011 - 8 - SCHEDULE 2 LAN`0 USE ANALYSTS PD- 2011 -80 KEY ?LAN !sot to sc.e) 00Ft OF NIAGARA FALLS ADDITIONAL 1NFOP.NAT;CN REQUIRED JNDER SECTION 5. 0= THE PL ANNING ACT MARINELLI ESTATES bang a Draft Rana Subrivraun a PART OF TOWNSHIP LOT 25 and PART OF THE ROAD ALLOWANCE BETWEEN TOWNSHIP LOTS 16 AND 25 (CLOSED B` 3Y -LA'W 2263(7338 GEOGRAPHIC TONTSFY CF STA F(lFD CITY OF NIAGARA FALLS REG<ONAL u . n A,.." G NIAGARA SCALE 750 NcTirvews, - ',RVE` L4.4 LLN: 376526 SURVEYOR'S CERTIFICATE MATTHEWS. CAMERON. HEYWOOD • KERRY T. HOWE SURVEYING LTD. November 14, 2011 -9 APPENDIX A Conditions for Draft Plan Approval PD- 2011 -80 1 The Marinelli Estates Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated October 5, 2011, showing 11 lots for single- detached dwellings, 1 block for a walkway, and 1 block for a 0.3 metre reserve be approved be approved subject to: the removal of Block 13 extending south from Mountain Road to the southeast corner of the property at 6646 Mountain Road, being Part 2 on Plan. 2. The developer enter into a registered subdivision agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the subdivision agreement, they may be required to become party to the subdivision agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The developer receive final approval of the Zoning By -law amendment from the City to provide land use regulations to guide the development of the subdivision. 5. The developer dedicate Block 13, in a satisfactory manner, to the City for the purpose of restricting access to Marinelli Drive until such time that the abutting lands to the west are developed in a comprehensive manner. 6. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to the Planning & Development Division confirming that all lots comply with the Zoning By -law. 7 The developer provide five copies of the pre- registration plan to the Planning & Development Division and a letter stating how all the conditions imposed have been or are to be fulfilled. 8. The subdivision shall be designed and constructed in accordance with City standards which, in part, includes the following: a. roadways constructed to Municipal standards; b. dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; c. All dead -end streets, which are to be extended in the future, shall be terminated with 0.3 metre reserves; d. provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010, as amended; e. sump pumps to discharge to the storm sewer; f. an overland flow route, designed and constructed to Municipal standards, be incorporated into the storm sewer design for this development; November 14, 2011 -10 - PD- 2011 -80 g. lot grading and drainage shall be designed and constructed in accordance with the Engineering Standards Manual 2010, as amended; and h. walkway (Block 12) be constructed to Municipal standards. 9. The developer apply to have the City remove the 0.3 metre reserve at the end of Lucia Drive. 10. The developer construct sidewalks to Municipal standards along the east side of Marinelli Drive and the North side of Lucia Drive connecting to the existing terminuses. 11. The developer submit a geotechnical report outlining soil conditions for the subject property. 12. The developer grant the City and public utilities, if any, easements required to service the subdivision. 13. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 14. The developer provide a 1.8 metre high commercial chainlink fence along the entire boundary between Block 12 and Lot 1 of the proposed subdivision, to the satisfaction of the City. 15. The developer provide a 1.8 metre high commercial chainlink fence along the south property line of Lots 1 to 3, to the satisfaction of the City. 16. The developer dedicate Block 12 to the City as parkland, which represents 0.76% of the 5% contribution. The remaining 4.24% shall be provided as cash -in -lieu of parkland. 17. The developer submit a report, completed by a licensed arborist, for the existing mature trees on the subject property detailing tree species, size, condition, survey location, etc. to the satisfaction of the City. Recommendations contained in the report may be implemented in the subdivision agreement. 18. The developer contribute funds to provide boulevard trees in accordance with City policy. 19. The developer provide speed control devices on Marinelli Drive to the satisfaction of the City. 20. The developer submit site servicing plans showing road widths /curb radii to the Engineering Department and Fire Services for review and approval. 21. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations prior to construction. November 14, 2011 -11 - PD- 2011 -80 22. The developer be advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer be advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). 23. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 24. The developer satisfy all requirements of Canada Post regarding temporary and permanent Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 25. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities. 26. The developer construct streets in accordance with the composite utility plans noted in condition 26. 27. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 28. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 29. That within 60 days of draft plan approval the owners acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre - servicing will be at the sole risk and responsibility of the owner /developer. 30. That within 60 days of draft plan approval, the owners shall provide the Regional Public Works Department (Development Services Division) with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly November 14, 2011 -12 - PD- 2011 -80 indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owners and the City of Niagara Falls. 31. That prior to final approval for registration of this plan, the owner shall obtain Ministry of the Environment Certificates of Approval under the Transfer of Review Program for the sanitary sewer and the storm drainage system to the satisfaction of the Regional Public Works Department (Development Services Division). Note: no servicing should extend into the newly constructed Regional Road 101 (Mountain Road), by open cut construction. Should a road crossing be required, trenchless construction may be considered. Detailed drawings of such crossings must be submitted to the Regional Public Works Department (Development Services Division) for review and approval. 32. That the design drawings for the sanitary sewer and stormwater drainage system required to service this development be submitted to the Regional Public Works Department (Development Services Division) for review and approval. Note: The stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 33. That prior to approval of the final plan or any on -site grading, the owners submit to the Regional Public Works Department (Development Services Division), for review and approval, two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991. a. Detailed lot grading servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Public Works Department (Development Services Division) regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. A technical review fee is applicable. 34. That the subdivision agreement between the owners and the City of Niagara Falls contain provisions whereby the owners agree to implement the approved stormwater management, erosion and sedimentation control measures required in accordance with condition 35. 35. That the owner complies with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Public Works Department (Development Services Division) and the owner shall ensure that all streets and development blocks can provide a through access. To provide appropriate circulation for curbside waste collection the subdivision agreement shall include that November 14, 2011 -13 - PD- 2011 -80 the temporary access within the Colangelo Estates subdivision remains until a permanent road access to Mountain Road is established on property to the east of Colangelo Estates. 36. That the owner submits to the Region Public Works Department (Development Services Division) and the City of Niagara Falls copies of Phase 1 and 2 Environmental Site Assessment (ESA) /soils investigation reports prepared by a qualified person in accordance with Ontario Regulations 153/04, as amended by Ontario regulation 511/09. The Phase 2 ESA/soils investigation should analyze the soil for contamination including but not limited to pesticides, lead and arsenic. If any site remediation is required, a copy of the site remediation report shall be provided to the Regional Public Works Department (Development Services Division) and the City of Niagara falls for information. 37. That following the completion of any site remediation, if required, the owner shall file a Record of Site Condition (RSC) on the Ministry of the Environment's Brownfields Environmental Site Registry in accordance with Ontario Regulation153 /04, as amended by Ontario Regulation 511/09 and shall provide the Regional Public Works Department (Development Services Division) and the City of Niagara Falls with a copy of the Ministry's acknowledgement of the filing of the RSC. 38. The subdivision agreement contain a clause that "Should deeply buried archaeological remains be found on the property during construction activities, the Heritage Operations Unit of the Ontario Ministry of Tourism and Culture shall be notified immediately. In the event that human remains are encountered during construction, the proponent should immediately notify the police or coroner and the Registrar of Cemeteries of the Ministry of Consumer Services." 39. That a Traffic Safety Impact Study be submitted for review and approval to assess the development traffic in conjunction with the neighbouring property traffic. The proposed street is located on the inside curve of the Regional road, therefore, an updated sight line analysis is required as part of the Traffic Safety Impact Study, in order to ensure the location is suitable. Any approved recommendations shall be implemented in the subdivision agreement. 40. Prior to any construction taking place within a Regional Road Allowance, a Regional Construction Encroachment and /or Entrance Permit must be obtained. Applications can be obtained from the Permits Section of the Regional Public Works Department (Transportation Services Division). 41. The subdivision agreement contain a clause requiring that road cuts required as part of the development into the reconstructed Mountain Road must be "as good as" or "better than" condition, at the completion of the works and that all costs associated with curb cuts and road replacement will be at the developer's expense. 42. Survey Evidence adjacent to Regional road allowances is not to be damaged or removed during the development of the property. Any agreements entered into for this development shall include a clause that requires the owner to obtain a 43. No one, other than the Regional tree crew, shall remove a tree from a Regional road allowance. The Regional tree crew will identify any dead or diseased trees for removal. It is the Region's intent to preserve any healthy trees within the road allowance and may require changes to a proposal in order to preserve the trees(s). Where development proposals require the removal of a tree, the developer is required to replace the tree with two trees at the developer's cost. A similar clause shall be included in the subdivision agreement. 44. The subdivision agreement shall contain a clause that notifies the developer that the subject property has frontage on a roadway designated as being within the Regional Niagara Bicycling Network Plan. The agreement should further advise that if the bicycle route is currently not established and identified with signage, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises. This may involve additional pavement width, elimination of on- street parking, etc. if required on this street section. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: November 14, 2011 - 14 - PD- 2011 -80 certificate from an Ontario Land Surveyor stating that all existing and new evidence is in place at the completion of said development. Bell Canada for Condition 22 Canada Post for Conditions 23 and 24 Enbridge Gas Distribution Inc. for Conditions 25 to 28 inclusive Niagara Peninsula Conservation Authority for Condition 33 Regional Municipality of Niagara for Conditions 29 to 44 inclusive October 4, 2011 BY FACSIMILE 905 -356 -2354 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Alex Herlovitch Director of Planning and Development Re: Application and Open House - Wednesday, October 5', 2011 Part of 6610 Mountain Road Zoning By -Law Amendment City File AM - 2011-010 Plan of Subdivision City File 26T11 - 2011 -02 o We have received Notice of the open house to be held on Wednesday, October 5 `'', 2011. Because neither of us will be able to attend that meeting, we are providing this letter which we are hopeful you will present to the developer of the property at the meeting. We own 6630 Mountain Road where we have resided for 25 years. Our property is immediately next to the proposed development. While we are not opposing the Application, we do have some concerns and some minor requests. The new road to be located beside our property will make our property a comer lot. We have been told by realrors that the effect of this will be a 10% depreciation in the value of our property. Some buffering would therefore be helpful. Lucy is disabled due to progressive illness, and although she is now seldom able to leave our home, she can get some fresh air by sitting on our back deck, which she greatly enjoys and which her doctors encourage. The travelled portion of the new road will only be approximately 19 feet from the edge of our back deck (based on our four foot side setback and our understanding that there will be a 15 foot boulevard). New lots will be created directly behind our property. It would tremendously reduce the effect of the construction noise and dust, and the traffic and lights after the road is completed, if mature trees could be planted on the east side boulevard along the road next to the west side of our property. New development will certainly affect the enjoyment of our property, but this small gesture by the developer would help minimize that effect and allow Lucy to continue to exercise her limited outdoor access. It would be greatly appreciated if we could be consulted regarding the type and location of trees. It would also be very helpful if a section of the curb, perhaps 10 feet, could be lower to allow access to our rear yard from the new road. We thank you for your consideration of this request and we look forward to hearing from you. Lucia Fuoco Ferdinand Fuoco 6630 Mountain Road Niagara Falls, Ontario L2E 6S4 c > 7c 7 4' Cc C s lr v` `itc Le. C'tC. =ROM : BE Wetherell October 20, 2011 C qty of Niagara Falls 4:;10 Queen Street Niagara Falls, ON LIE 6X5 Attention_ Alex Herlovitch David Deluce Director of Planning & Development Planning & Development R0,- By -law Amendment Application City File: AM- 2011 -010 Plan of Subdivision Application City File: 26T-11-2011-02 Applicant -- 800460 Ontario Limited (Fruithelt Development) Sincerely, Tina & Tony Lisi 6646 Mountain Road Niagara Falls, ON L2E 6S4 (905) 357 -3291 tart isi @hotmai! , com FAX NO. : 905 3742322 9 Oct. 21 2011 02:12PM P2 W have received Notice of the public meeting to be held on Monday November 14, 2011. We were unable to attend the open house meeting held October 5 due to the short notice provided and previous commitments. Therefore we are providing this letter which we are hopeful you will present to the developer of the property to discuss the issues prior to November 14 meeting_ We. own 6646 Mountain Road where we have resided for over 16 years. Our property is immediately next to the pr)posed development. While we are not opposing the application, we do have some concerns and would like to make a few requests in order to provide as much screening and buffering as possible to reduce the negative impact of becoming a corner lot Our main area of concern is to reduce the noise that will be created when our home is turned into a corner lot. It would tremendously reduce the effect of the the construction noise and dust, and the traffic and lights after the road is completed, if mature (6ft in height), evergreen style, trees were planted. We request these trees to be ph.nted on the boulevard along the road to the east side of our property. We also wish to be ensured that the current entrance to Colangelo Drive remain open, even upon completion of Marinelli Drive (as suggested during the planning of Colangelo Estates). It is imperative both entrances are accessible for emergency vehicles. We thank you in advance for your attention to these matters. Should you have any further questions regarding this matter, please feel free to contact us. RECEIVED OCT 2 1 2011 PLANNING & DEVELOPMENT FROM : B &E Wetherell O.:tober 20, 2011 C.ty of Niagara Falls 4::10 Queen Street Niagara Falls, ON L2E 6X5 FAX NO. : 905 3742322 9 Oct. 21 2011 02:11PM P1 Attention: Alex Herlovitch David Deluce Director of Planning & Development Planning & Development R1;; Zoning By -law Amendment Application City File: AM -2011 -010 Plan of Subdivision Application City File: 26T-I1-2011-02 Applicant - 800460 Ontario Limited (Fruitbelt Development) We have received Notice of the public meeting to be held on Monday November 14, 2011. We were unable to attend the open house meeting held October 5 as we were out of the country at the time the notice was sent and di 1 not return until after the meeting was held. We therefore providing this letter which we are hopeful you will present to the developer of the property to discuss the issues prior to November 14 meeting. VWe own 6666 Mountain Road where we have resided for 33 years_ Our property is immediately next to the proposed development. While we are not opposing the application, we do have some concerns and would like to make a few requests in order to preserve our quiet rural lifestyle as much as possible. Our first request is that a "good neighbour" board fence be built by the developer the length of our property on tha west side of the road_ It is also requested that two, four foot gates be located at the south end of the fence in order to allow access to our property for future maintenance. We feel this fencing is imperative to ensure our continued privacy and security. Ws also wish to be ensured that the current entrance to Colangelo Drive remain open, even upon completion of Marinelli Drive (as suggested during the planning of Colangelo Estates). It is imperative both entrances are accessible for emergency vehicles. A final request is that forethought be given to future services during this development. All though we currently have no intentions to develop our property, we would like to ensure that there is adequate services installed for future development of all the lands to the west of Marinelli Estates. W, thank you in advance for your attention to these matters_ Should you have any further questions regarding this matter, please feel free to contact us_ Sincerely, Brian & Emilie Wetherell 6666 Mountain Road Niagara Falls, ON L2E 6S4 (905) 374-8414 RECEIVED OCT 2 1 2011 PLANNING & .EVELOPMENT PD- 2011 -79 Niagaraaalls November 14, 2011 11: ll)\ 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 -79 Response to District School Board of Niagara Regarding Disposal of Battlefield School - 6045 Barker Street RECOMMENDATION That Council authorize staff to work together with the Niagara Region regarding the possible acquisition of the Battlefield School property with the open space lands potentially being owned by the City and the former school site being owned by the Niagara Region. EXECUTIVE SUMMARY The City has received a notice from the District School Board of Niagara indicating that the Battlefield School has been declared surplus to their needs. In accordance with the Board's regulations, they have submitted a notice asking the City if they have interest in the Battlefield School property. The Board will accept offers that must be received no later than December 13, 2011. BACKGROUND City staff was made aware that the Niagara District School Board was considering the disposal of the Battlefield School which officially closed in June of this year. Although the actual school building site is not of interest to the City, the open space school grounds are considered as being extremely important from a historic perspective as they were lands upon which the Battle of Lundy's Lane was fought on July 25 1814 and should be protected. Over the past couple of years, the City's Bicentennial Task Force has been working on a variety of events and programs to commemorate the Bicentennial of the War of 1812. As a valuable heritage site, it is believed that every effort possible should be made to protect the Battlefield School property. A few years ago, a local resident, Jock Ainslie, made a presentation to City Council urging the protection of land associated with the Battle of Lundy's Lane. He suggested the involvement of the Federal Government and the establishment of a National Park. In a staff report prepared in 2005, Council approved a motion that they be advised of any property within the vicinity of Lundy's Lane Battlefield that becomes available for sale. Also at that time, Mayor Salci sent a letter to the then Minister of Education, Honourable Gerard November 14, 2011 Kennedy, requesting the Education Act regulations be changed to allow municipalities to purchase surplus school properties for nominal consideration if the properties are going to be used for historical or community purposes. Our research indicates that there has been no response from the Minister of Education on the past correspondence. The Historic Drummondville CIP recognizes the opportunity to expand on the historic significance of the area and specifically notes the Battle of Lundy's Lane. The school ground area represents the largest open space area available upon which the Battle of Lundy's Lane was fought. The adjacent Drummond Hill Cemetery lands which are owned by the City are recognized by the Federal government as a National Historic Site. Based on the above, there is strong rationale for the need to protect the school grounds. RATIONALE The Niagara Region supercedes the City in having the ability to bid on the School property. It is our understanding that the Region has an interest in the school building for potential offices or other uses. It is suggested that the City work with the Region whereby if the Region acquires the entire property, the City could negotiate the acquisition of the open space school grounds. FINANCIAL IMPLICATIONS If Council supports staff moving forward, it will result in the purchase of the former school play area. Staff has been in contact with the Federal government looking for financial assistance as this property would be considered as part of the National Historic Site of the Lundy's Land Battleground. There appears to be no Federal funds available to acquire the land. CITY'S STRATEGIC COMMITMENT The acquisition of the Battlefield School lands by the City will not only protect the original site upon which the Battle of Lundy's Lane was fought in 1814, but also provide a central open space area that may be developed as a desired tourist attraction within the Historic Drummondville area. LIST OF ATTACHMENTS ► Appendix 1 - Map of school property Recommended by: B.Bolibruck Attach. S: \PDR\2011 \PD- 2011 -79, Response to Niagara District School Board.wpd - 2 - PD- 2011 -79 Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: P Y Ken Todd, Chief Administrative Officer November 14, 2011 - 3 - APPENDIX 1 PD- 2011 -79 Niagara Par ks An agen<s of the Government of Ontario since 1885 September 19th, 2011 City of Niagara Falls Attention: Mayor Diodati P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati and Council: Douglas Kane Chief Niagara Parks Police THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 www.niagaraparks.com On August 3, 2011 the Niagara Parks Commission received the enclosed invoice as a result of three false fire alarms that the Niagara Falls Fire Service had responded to over the course of a few months. The alarms in question had originated from the NPC Distribution Centre located at 7856 Portage Rd., in the City of Niagara Falls. On April 18, 2011, officers from the Niagara Parks Police responded to the report of a low water pressure alarm at the Distribution Centre. Upon arrival, they were met by members of the Niagara Falls Fire Service who also responded to the alarm. The subsequent investigation determined that the alarm activation was the result of a water pressure drop in the city main or the feed from the main. The fire monitoring equipment was deemed to be functioning as intended as water pressure drops in the sprinkler system generally indicate sprinkler activation. The invoiced alarms on June 23, June 24, and another that had occurred on July 2, were the result of a power disruption that affected a number of businesses in the vicinity and not strictly the NPC Distribution Centre. The Niagara Parks Commission is committed to fire safety and the reduction of nuisance alarms that needlessly draw on valuable resources. However, it is our position, the alarms members of the Fire Service responded to on the above dates, were beyond the control of the Commission and not the result of equipment failure. Due to these facts, we respectfully request financial relief from this invoice as well as the alarm received on July 2 and that these particular alarms be expunged from the record so they will not be included in the event of another activation. Product Description Quantity Unit Price Amount FIRBIL FIRE BILLING FALSE FIRE ALARMS: 7856 PORTAGE RD APRIL 18 - 1 JUNE 23 - 1 JUNE 24 - 1 * *ANY QUESTIONS REGARDING THIS BILLING- PLEASE -- -- -: -,- CONTACT JIM JESSOP AT 905- 356 -13 1:-ext- 22 -33'= - 3:1 FLO d O , 1_0000 - --- -" - - -- _________ _._-- - _ __ _ 300.0000 $300.00 - GST /HST Registration Number : 1193 392-f,2 1 "' "' - "' °' —' * *PENALTY OF 1.25% PER MONTH ON OVERDUE ACCOUNTS ** "`PLEASE ENCLOSE REMITTANCE PORTION WITH PAYMENT ** AUG p 00 *0D Total Gross $300.00 9 Red GST /HST $0.00 Total Invoice $300.00 CITY OF NIAGARA FALLS PO BOX 1023 4310 QUEEN ST NIAGARA FALLS, ON L2E6X5 Phone: (905) 356 -7521 Fax: (905) 356 -0759 NIAGARA PARKS COMMISSION ATTN: CANDICE RORISON P.O. BOX 150 NIAGARA FALLS, ON L2E 6T2 - JOO - /OCI tR I . FOR INQUIRIES'* Customer Number : NPC0000001 Customer Name NIAGARA PARKS COMMISSION ATTN: CANDICE RORISON P.O. BOX 150 NIAGARA FALLS, ON L2E 6T2 CITY OF NIAGARA FALLS PO BOX 1023 4310 QUEEN ST NIAGARA FALLS, ON L2E6X5 INVOICE Please return this portion with your payment Customer Number Invoice Number Invoice Date Customer P.O. No. Due Date : NPC0000001 27414 : 28-Jul-2011 : 27- Aug -2011 Invoice Number 27414 Invoice Amount : $300.00 Amount Paid X) m 0 P3 —I cn Niagaraaalls 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 -51 Fees for Service F- 2011 -51 November 14, 2011 That Council direct staff to reclassify the funding category for Project Share and Niagara Falls Art Gallery as Fees for Service instead of Permissive Grants for the 2012 Budget deliberations. The City of Niagara Falls provides funding assistance to many organizations that provide core municipal services to residents. In 2010, staff recommended separating the funding assistance recipients into two categories. Firstly, groups providing core municipal services were identified in the Fee for Service grouping while those other groups and agencies remained in the permissive grant category. At the time, both, Project Share and Niagara Falls Art Gallery were included in the permissive grants grouping. Both organizations have requested that Council reallocate their agency into the fee for service category. Staff agree with these requests. During 2012 Budget deliberations, Council will still have the opportunity to determine the appropriate funding provided for the services received. In the 2010 Budget deliberations, Council approved a change in policy as relating to Permissive Grants by separating community groups servicing Niagara Falls residents. Prior to 2010, all community groups requesting funding through the City's General Purpose (Taxation) Budget had to apply for an annual grant. In 2010, staff differentiated the groups based on the service provided, specifically, whether the agency's service was a core municipal service. Groups providing service in the community which were determined to be a direct municipal responsibility were established in the Fees for Service category. Those groups providing services not identified as a core municipal responsibility were categorized as receiving annual Grants. Project Share and the Niagara Falls Art Gallery were both identified as groups not providing core municipal responsibilities. In the 2011 budget, this was reaffirmed. Both groups have submitted requests to staff to have this reconsidered. ANALYSIS /RATIONALE Niagara Falls Art Gallery The Niagara Falls Art Gallery is three organizations in one, Niagara Youth Gallery, Niagara Children's Museum and Gallery. The Gallery provides introduction and advanced art November 14, 2011 - 2 - F- 2011 -51 implementation of arts related programs. In 2010, the Gallery served a significant number of participants during the year. The services the Gallery provides to residents are often provided by City staff in other municipalities. Since the funding requested by the group is a portion of total expenditures of the programs offered, the City's share of the costs is lower in a fee for service arrangement than would be the case should Recreation & Culture staff be required to deliver the community programs. At present, the City does not have the staff compliment to provide these services. Recreation staff have reviewed the group's request and believe it should be considered as a fee for service. Project Share The City's support of the organization dates back to the 1980's. The original funding arrangement was for the delivery of emergency food to Niagara Falls residents requiring this service. Earlier this year, the group provided a letter outlining their request to be considered as an agency providing a fee for service. The letter attached identifies the total costs of providing emergency food in the City. Staff have met with agency officials to discuss their request. The letter has accompanying historical City staff reports outlining prior Council support for the agency. While emergency food delivery is not a legislated direct municipal service, it is a service that Council has allocating municipal funding towards. The conversion to a fee for service will provide a direct relationship between funding to the services. The conversion to a fee for service will provide staff with opportunities to evaluate the specific services being funded and to make recommendation to Council. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The conversion of the groups' request to a fee for service from a grant has only one immediate impact and that is the group will not have to file the grant application for 2012. The process of Council reviewing the groups request will be done as part of a departmental budget. Both groups would fall under Recreation and Culture Department In 2011, Project Share received $298,400 while the Niagara Falls Art Gallery received $27,000. LIST OF ATTACHMENTS Letter from Project Share and attached reports Letter from Niagara Falls Art Gallery Recommended by: Respectfully submitted: Todd H�rr'son irector of Finance Ken Todd, Chief Administrative Officer Our Community At Work BOARD OF DIRECTORS Brian Pellow Chairman Jim Ferraro Past Chairman Bart Maves City Council Representative Anna Luciano Treasurer Paisley Janvary-Pool Secretary Ernie Bagnulo Elaine Christenson Denise Desjarlais Torn Snodgrass Mick Wolfe Members Elaine Pihach Executive Director Karen Stearne Selina Volpatti Honourary Members Niagarafalls Niagarairff Region Buddy Community. Building lives. Ontario s .- 7 Fondation Trillium \ - ; Mill UM Foundation � f� de ('Ontario UNITED WAY REGIS' =RED CHARITY NUMBER 107S61338RRWO1 P r o j e c t SHARE 2- 4129 Stanley Avenue Niagara Falls Ontario L2E 7H3 W: www.projectshare.ca E: info @projectshare.ca P: 905 - 357 -5121 F: 905 - 357 -0143 September 20, 2011 Mayor Jim Diodati and City of Niagara Falls C City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario Dear Mayor Diodati and City of Niagara Falls Council Members, Project S.H.A.R.E. is committed to helping people living below the poverty line in the City of Niagara Falls with basic needs. Niagara Falls' economy was hard hit by a recession in the early 1980's. Hungry families in our community went to city hall to ask our mayor and city council to feed their families. In response to the need, Coordinated Emergency Services was created in 1983 by the Social Planning Council in conjunction with the mayor's office as an emergency food bank. What is now Project SHARE was formed in 1989. Services were expanded to include emergency housing, transportation, utilities and prescription assistance as well as a food cooperative. Since 1983 the City has provided funding for our emergency food program. As stated in the November 4, 2002 letter to Corporate Services Committee members from Ken Burden, John MacDonald and Tony Ravenda, "Project SHARE provides a vital service to the community." "Staff has investigated a new partnership with Project SHARE. The partnership would confirm Project SHARE's role as a vital service to the community and would be focussed on emergency food and emergency housing." - A measure of a community is how it treats those who are disadvantaged As a "vital service" of Niagara Falls, Project SHARE is requesting a relationship change with the City of Niagara Falls to a "Fee for Service" partnership. As stated in the June 17, 2002 letter to the Community Services Committee members from Ken Burden, John MacDonald and Tony Ravenda, "long -term actions, such as changing the relationship between the City and Project SHARE, would help to provide sustainable support for Project SHARE," and "the fee would be directly related to the kind of service and number of clients served." Clients are eligible to receive emergency food once per month. On average, each person receives 18.2 pounds of food. In 2010 we helped 34,621 people with emergency food. At an Ontario Association of Food Banks established cost of $2.50 per pound our direct cost to feed hungry families in Niagara Falls is $1,575,995. We are presently fundraising almost 70% of our budget. We realize the request for a total direct cost fee for service agreement would be prohibitive. We would like to meet with you to establish a more realistic formula comparable to the grant we are now receiving. We are presently experiencing one of the highest unemployment rates in Canada. Your continued support is crucial to less fortunate families in our community. Your decision to support sustainable funding in a "fee for service" partnership will ensure no child in the City of Niagara Falls will go to bed hungry. Sincerely, Brian Pellow Chair, Board of Directors Encl. 10/30/2002 16:27 FAX 905 356 5110 The City of { Niagara Falls Canada Members: BACKGROUND: Corporate Services Department CITY OF NF H.R. Finance Division 4310 Queen Street P.O. Sox 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden ©city.niagarafalis.on.ca Aldeim.an Wayne Campbell, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Re: F 2002 - 66 - Project Share Funding November 4, 2002 10002 F- 2002 -66 Kenneth E. Burden Director RECOMMENDATION; That the 2003 Grant request from Project Share be referred to final budget deliberations. Since 1992, the City has coutnTb ted $68,500 each year to Pr )jet Share or ;food- and bousmg programs Since that tine; Project Share costs to run thepiograms have increased because of as increase in the clients served from 22,894 to 3'7,500 in 20(1, and as a result of the gel inflationary increases in program costs. Project Share provides a vital service to the commmunity. Throu:rb discussionwith representatives of Project Share, Staff has determined that there are several in -kind services that the City tis currently providing to support Project Share. Further to these in -ldmd services, and as a suggestion from the 13nitedWay, Staffhas investigated anew partnership with Project Share. 'Thepartnership would co afrni Project Share's role as a vital service to the community and would be focussed on "emerge= y food" and "emergency housing" programs. Staff has reviewed praviision of monies for Specific p rogram costs, for example, salaries and benefits, building and vehicle wain ten.ance, insurance, telA .cone, postage, food vouchets, and Christmas Basket In addition, Project Share has applied fcr a full eaceuption from property taxation due to their charitable status. As a result of our own review, Staff has deternrned that'the Council's consideration of the $95,000 grant request is reason ble and warranted. Annual review of the Project Share grant will also manage future requests i a respect to the relevant costs ;for funding emergency food and emergency housing programs Working Together to Serve Our Co 'nmuidly Clerks • Finance • Human Resources • Information Systems - Legal • Planning & Development ReceivEd i,T,e Cot•30. 3:18PM 10:30/2002 16:27 FAX 905 356 5110 November 4, 2002 Recommended by. K. E. Burden Director of Finance Approved by: 16144 T. Ravenda Executive Director of Corporate Services Pe._ i red ThTe ':' t 1 8 18PM CITY OF NF H.R. - 2 - Respectfull , submitted: John MacD onald Chief Adrn nistrative Officer F- 2002 -66 I2 003 The City of Niagara Falls Canada Corporate Services Department F- 2002 -42 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario June 17, 2002 Members: Re: F- 2002 -42 - Project Share Funding RECOMMENDATION: For the information of the Community Services Committee. BACKGROUND: At the Corporate Services Committee meeting of March 18, 2002, Staff was directed to work with representatives from Project Share to address the concerns regarding their funding. Project Share provided information that explained why the organization was experiencing a funding shortfall. Primarily, the reason is the substantial increase in service to the community in all of their programs. Staff also contacted United Way who concurred with the Project Share information and, further, gave suggestions as to how the City may be able to help. Staff reviewed the history of the City's support to Project Share which started in 1983. Since 1992, the City has provided approximately $68,500 each year for the emergency and co -op service programs. Since that time, Project Share costs to run the programs have increased, however, the City's support has remained the same. Since 1992, the number of clients served by Project Share has increased from 22,894 to 37,500 in 2001. Kenneth E. Burden Director of Finance Project Share provides a vital service to the community. Through discussion with representatives of Project Share, Staff has determined that there are several in -kind services that the City could provide to support Project Share. In -kind services could include printing of brochures and other materials from the City's own print shop, use of the City page for advertising, access to the City Service Centre for the provision of maintenance labour and supplies. Working Together to Serve Our Community Clerk's • Finance • Human Resources • Information Systems • Legal • Planning & Development June 17, 2002 - 2 - F- 2002 -42 Further to these in -kind services, and as a suggestion from the United Way, Staff is investigating a fee for service partnership with Project Share. The partnership would view Project Share's activity as a vital service to the community and would be supported by a fee for those services such as the Optimist Club, Lions Club, SCVFA, Redmond Property, Niagara Airport and the Niagara Falls Humane Society. The fee would be directly related to the kind of service and number of clients served. In addition to the fee for service, Staff is also exploring the provision of monies for specific administrative costs; for example, audit, postage, administrative salaries and office costs. In addition to the above, Project Share will apply for a full exemption from property taxation due to their charitable status In conclusion, Project Share, United Way and City Staff have progressively worked to address the immediate funding concern of Project Share. Some immediate actions such as in -kind services can be undertaken to assist the organization. Other long -term actions, such as changing the relationship between the City and Project Share, would help to provide sustainable support for Project Share. Recommended by: Respectfully submitted: K.E. Burden John MacDonald Director of Finance i / Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Niagara Falls Art Gallery 32 Years of Community Service September 20, 2011 1979 - 2011 niagara falls art gallery 8058 Oakwood Drive - Niagara Falls, Ontario - Canada, L2E 6S5 905 -356 -1514 www.niagarafallsartgallery.ca Kathy Moldenhauer Manager, Policy and Community Development City of Niagara Falls 7150 Montrose Road, Unit #1 Niagara Falls, Ontario L2H 3N3 Dear Nis. lenhaulcr. Regards, Debra Attenborough, Ph.D. Executive Director Niagara Falls Art Gallery/Niagara Children's Museum Tel: 905.356.1514 Fax: 905.356.3039 Personal e -mail: smy.att @sympatico.ca On behalf of the The Niagara Falls Are Gallery /Niagara Children's Museum I would like to request that the we be considered as a fee for service item on the City's budget hence forth, rather than applying for permissive grants on a yearly basis. I have forwarded information regarding the services we provide and the costs for those services. Citing particularly the classes provided at the gallery. I have not included numbers of or services supplied to local schools, nor have I included visitors to the art gallery or children's museum, birthday parties, specialty exhibitions and lectures, miscellaneous activities or internet users. If you require any further information from us: audited financials, Annual General Reports, List of Board Members etc. please do not hesitate to contact me. Thank you for this consideration. NiagaraJalls November 14, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2011 -52 Habitat for Humanity - 5076 McRae Street RECOMMENDATION F- 2011 -52 That Council waive the applicable fees and Development Charges for Habitat for Humanity on their proposed 2012 project at 5076 McRae Street. EXECUTIVE SUMMARY A report (PD- 2011 -64) was considered by Council on September 19, 2011 regarding two requests from Habitat for Humanity. Staff recommended and Council approved that both requests be considered during 2012 budget deliberations. In hindsight, the requests should have been considered separately and as a result, staff have reviewed the groups request for the McRae Street property in this report. The second request for the Glenholme Road Allowance will be considered as approved during the 2012 Budget deliberations. BACKGROUND Habitat for Humanity is a national non - profit organization that provides affordable housing for qualified recipients. The organization works with local businesses, community groups, residents and school boards on a project basis to achieve this goal. Habitat for Humanity is proposing to build a residential home on a property in Niagara Falls. In 2012, Habitat for Humanity plans to construct a 1,100 square foot bungalow located at a property owned by the organization at 5076 McRae Street. This home will be entirely constructed by the District School Board of Niagara (DSBN), Niagara Falls High School and High Skills Major Construction Program students. The group as requested that some associated fees and the City's development charges be waived to assist in the completion of the project. This type of request is consistent with similar requests by the organization in other municipalities. ANALYSIS /RATIONALE The property identified for redevelopment is a vacant piece of land purchased by the organization earlier in 2011. Municipal Works staff have identified that the property requires servicing to allow construction. Presently, municipal taxes are paid on the value of the lot, but with the proposed construction, the taxable assessment will increase by the value of the proposed dwelling. November 14, 2011 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The grant requested by Habitat for Humanity is $25,751. The requested grant is itemized below: McRae Street 1100 sq. ft. Bungalow 2012 Proposal Lot presently owned by Habitat Servicing Water /Sewer to building Sewer and Water permit Water Meter Plumbing Permit Building Permit City Development Charges 2012 Total Although the original request included a reduction to Regional Development Charges, any reductions to Regional Development Charges must be decided by Regional Council. The group has contacted the Region about this reduction. Examples of similar reductions include the Boys and Girls Club project. Council should be aware that residences built under the Habitat for Humanity Niagara Program are subject to full property taxes, once the homes are transferred to the recipients. The funding for the grant above will come from the interest earned on the Capital /Operating reserve fund. Over the last few years, staff have received requests from a variety of non profit organizations which have development projects that the group is requesting a reduction /waive of related City fees. Staff propose that a formal policy be developed for Council's consideration for future requests. CITY'S STRATEGIC COMMITMENT Under the Housing Strategy of the Official Plan it states that the policies "are intended to guide the provisions of housing which is affordable ". Accordingly, the City has made a commitment to provide opportunities for affordable housing in the City. LIST OF ATTACHMENTS PD- 2011 -64 Glenholme Road Allowance Request for Grants Todd Harrison, Dir:!ctor of Finance Recommended by: Respectfully submitted: - 2 - F- 2011 -52 Ken Todd, Chief Administrative Officer $14,000.00 $ 225.00 $ 199.00 $ 200.00 $ 1,035.00 $10,092.00 $25,751.00 Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2011 -64 Glenholme Road Allowance Request for Grants PD- 2011 -64 September 19, 2011 RECOMMENDATION 1. That Council consider selling the Glenholme Road allowance on the open market. 2. That the request for grants be referred to the 2012 budget process. EXECUTIVE SUMMARY The matter of the Glenholme Avenue Road Allowance has been before Council on three previous occasions by various proponents. On August 10, 2011 Habitat for Humanity Niagara sent a letter expressing interest in acquiring the Glenholme Road Allowance to facilitate the construction of their 20 anniversary "Showcase Build" to take place in 2013. Habitat are seeking grants equivalent to the land value, fees and servicing costs for the proposed construction of an 1100 square foot bungalow on the vacant property. Although not confirmed atthis point Habit intends to partner with the District School Board of Niagara for this build . Habitat Niagara is also seeking grants equivalent to fees and servicing costs for a February 2012 project to construct an 1100 square foot bungalow located on McRae Street. This home will be entirely constructed by the District School Board of Niagara (DSBN), Niagara Falls High School, High Skills Major Construction Program students. Accordingly, based on Habitat's interest in acquiring the Glenholme Road Allowance, their partnership with the District School Board of Niagara and the projected return of investment to the community, if Council entertains a grant equal to the value of land and other applicable fees that it be referred to the 2012 budget process. The matter of the Bellevue Street Property (Glenholme Avenue Road Allowance) has been before Council on three previous occasions. In April 2009, Council approved providing a grant equal to the costs of the land and various permits. The land was to be used by Niagara Regional Housing (NRH) to accommodate September 19, 2011 a house being donated by the Nieuwesteegs. The Niagara Catholic District School Board (NCDSB) was also a partner in the project. The approval of the grant was contingent upon the project proceeding as proposed. Due to the moving costs exceeding the costs of building new, NRH pulled out of the project. Subsequently, after meeting with City staff about land opportunities, the Bellevue Street Property was identified to Habitat for Humanity. The organization was interested and would be partnering with the Niagara District School Board of Niagara. Similar to other Habitat projects, a home would be built on the property for a family in need. Concurrently, the NCDSB looked to partner with Gateway Residential & Community Support Services ( "Gateway "). The house being donated by the Nieuwesteegs would have been used as a geared to income housing for persons with mental health issues. Gateway subsequently pulled out, but as of September 2010, the last time the matter was before Council, the NCDSB still had an interest and was looking to partner with the YMCA. With worthy, competing interests in the property, Council deferred a decision. Habitat for Humanity has continued to express interest in the Bellevue Street Property, sending a letter as recently as August 10, 201, with an additional request related to a McRae Street property. Staff have not heard from the NCDSB and the Nieuwesteegs have taken out a demolition permit on the house that was proposed to be moved to the site. A final fetter was sent to the NCDSB in preparation of this report. FINANCIAL IMPLICATIONS - 2 - PD 2011 - 64 Glenholme Road Allowance (Bellevue Street) 1100 sq. ft. "Showcase Build" 2013 Proposal • Cost of lot +- $65,000.00 • Servicing Water /Sewer to building from mains $14,000.00 • Sewer and Water Permit $ 225.00 • Water meter $ 199.00 • Plumbing Permit $ 200.00 • Building Permit $ 1,035.29 • City Development Charges $10,092.00 • Regional Development Charges $ 9,090.00 2013 Total +- $99,841.29 McRae Street 1100 sq. ft. Bungalow 2012 Proposal • Lot presently owned by Habitat • Servicing Water /Sewer to building $14,000.00 • Sewer and Water permit $ 225.00 • Water Meter $ 199.00 • Plumbing Permit $ 200.00 • Building Permit $ 1,035.00 • City Development Charges $10,092.00 • Regional Development Charges $ 9,090.00 2012 Total $34,841.00 September 19, 2011 - 3 - PD- 2011 -64 Note that prices are subject to any indexing in fees and development charges which may occur over the time frames indicated. Council should be aware that residences built under the Habitat for Humanity Niagara Program are subject to full property taxes. It should further be made clear that the property is provided as is and that no other funds be provided or liabilities be assumed by the City. As noted Council could decided to see the lot on the open market. CITY'S STRATEGIC COMMITMENT Under the Housing Strategy of the Official Plan it states that the policies "are intended to guide the provisions of housing which is affordable ". Accordingly, the City has made a commitment to provide opportunities for affordable housing in the City. LIST OF ATTACHMENTS ► Letter from Habitat for Humanity Niagara dated August 10, 2011. ► Letter sent to John Crocco, Director of Education (NCDSB) dated September 6, 2011. Recommended by: Respectfully submitted: J. Castrilli:lk Attach. Alex Herlovitch, Director of Planning, Building & Development K n Todd, Chief Administrative Officer V12011 COUNCIL12011 09 19\PD -2011 -064, Glenholme Road Allowance Grant in value equal to land fees and servicing costs. wpd Mt Habitat for Humanity Niagara August 10, 2011 Mr. Ken Todd Chief Administrative Officer The City of Niagara Falls Canada City Hall 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Todd: 1. 5076 McRae St. — currently vacant 2. 6533 Bellevue St. — cun vacant RECEIVED AUG 1 2 2011 OFFICE OF THE ADMINISTRATOR 150 Bunting Road St. Catharines ON 1.2P 3G5 Tel: 905 -685 -7395 Fax: 905 -685 -7396 Email: habitat 'habitatniagara.ca www.habitatniagara.ca Habitat for Humanity Niagara is a registered non - profit charity providing for the purchase of simple, decent and affordable housing by deserving residents of Niagara and around the world. Our unique model of home ownership is designed to break the cycle of poverty through a zero- interest mortgage, a 500 hour "sweat equity" down payment by the family, and a mortgage repayment geared to the purchaser's income, reviewed annually. Municipal property taxes are rebated directly through Habitat. Our homes are built through the generous contributions of products, services and volunteer time contributed by individuals, corporations and municipalities. We have built 34 homes in the Niagara Region since 1993 under this unique program. All homes are built to Energy Star Certified Standards, and are architecturally integrated into surrounding neighbourhoods. After a 10 -year absence, Habitat Niagara is now planning to return to Niagara Falls and build 2 homes at the following locations: We plan to begin construction of an 1100 square foot raised bungalow on this property beginning in February, 2012. The home will be entirely constructed by the DSBN Niagara Falls High School students enrolled in High Skills Major — Construction curriculum. This will be the 8 Niagara area home constructed under this DSBN — Habitat Niagara partnership. We understand the consideration of the re- allocation of this already donated lot will once again come before City Council in September of this year. We are extremely interested in securing this property for a 2013 "Showcase Build ". Habitat Niagara will celebrate its 20' year of existence in 2013. We will also be bidding to host the Habitat Canada National Convention in Niagara Falls that year - a bid we fee! confident we will win. Our current plans are to construct a home on this Bellevue lot during that National Convention. Our building program mandate includes supporting Local Niagara businesses in our product and services procurement. To date, we have invested in excess of $2 million in the Niagara region in construction purchases. Our St. Catharines ReStore profits cover our affiliate operating costs, so all donor contributions directly benefit our home building program. Municipalities throughout Niagara have also benefitted. All 34 homes have been built on vacant "infitI" properties_ The increased property base has been a direct revenue enhancement to each of the municipalities in which we have built. We are requesting that the City of Niagara Falls support our mission to provide affordable housing through the waiver of the following fees associated with the construction of these 2 homes: City of Niagara Falls Canada Development fees Building Permit fees Ancillary construction fees normally levied We wish to advise that the provision of this waiver by the City will also result in the Regional Development fees also being automatically waived. This is a standard condition in agreement with the Region covering all Niagara municipalities. Habitat Niagara has and continues to be supported in our programs through Municipal Development and Building Permit Fee waivers from St. Catharines, Ft. Erie, Grimsby, and Welland. We would hope that we can count on the City of Niagara Falls to join these other progressive municipalities in meeting our request for this valued support.. Our products are our homes...our focus is our families. Thank you for your serious and consideration and endorsement of this request. Sincerely, D. Craig Fowler Director of Operations cc. Alastair Davis, CEO 2 Mr. John Crocco, Director of Education Niagara Catholic District School Board 427 Rice Road Welland, ON L3C 7C1 FAX: 905- 734 -8828 Dear Mr. Cocco: NiagarafaIls September 6, 2011 Re: Bellevue Street Property (Glenholme Road Allowance), Niagara Falls As you will recall since 2009, your school board has expressed an interest in the property noted above. Over that time, there has been discussion of the NCDSB partnering with Regional Housing, Gateway Residential & Community Support Services, and the YMCA on various endeavours. The City has not heard from the NCDSB, since a year ago, on whether it continues to have an interest in the property. It is staffs understanding that the Nieuwesteegs, who proposed to move a house to the site, have taken out a demolition permit with regard to the house. Also, the organization Habitat for Humanity continues to express an interest in the property and would like to see a final resolution on the matter. Staff will be reporting to Niagara Falls Council at their meeting on September 19` If we do not hear from you prior to that date, we will assume that your organization no longer has an interest in the property. c. Mayor James M. Diodati and Members of Council S Dean torrid City Clerk 4310 Queen Street, P.U. Box 1023, Niagara Falls. ON, Canada L2[ 6X5 905 -36 -7;21 ;.a:;.ni:ac }.aa,ttali; o Working Together to Serve Our Community Clerks Department Ext 4271 Fax 905.356 -9083 diorfidaGn iagarafal Is.ca Niagara 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 MW- 2011 -51 Fairview Cemetery Winter Maintenance Policy MW- 2011 -51 November 14, 2011 That the level of service for weekend winter maintenance in the Fairview Cemetery be consistent with the Public Trails and Pathways Winter Maintenance Policy. The Mayor and Council received correspondence from Mr. Joe Santagata on October 3, 2011 requesting that Council review the snow plowing operation at Fairview Cemetery. At its meeting on October 24 2011 Council directed staff to prepare a report outlining the past practice and any cost impacts of expanding the service levels to accommodate this request. Staff are proposing that Council formally adopt a policy of clearing the roadways in this cemetery in a manner that is consistent with our current policy for Public Trails and Pathways which is an "as- needed, when resources are available" approach. There are continuous sidewalks along both frontages of the cemetery that are on designated sidewalk plowing routes. Our current Sidewalk Winter Maintenance Policy provides a standard of care that is more consistent and reliable for those wanting to walk outside during the winter months. The additional cost to provide a higher level of service cannot be justified at this time. The current practice is to plow the cemetery roadways at Fairview and Lundy's Lane during the regular hours of operation on weekdays. This practice has been the standard for many years. When an interment takes place on a Saturday or Sunday during the winter months, the roadways will be plowed, as needed. During that time the roadways for the Funeral Procession as well as the outlying roadways around the interior of the cemetery are cleared. Staff are not scheduled to work on weekends specifically to plow roadways. Staff appreciate the fact that Fairview Cemetery is a favourite place to walk, especially when Oakes Park track is closed for the winter months. With that in mind, staff take extra care to clear the roadways of snow as well as salt and sand the roadways to allow for safe walking. November 14, 2011 - 2 - MW- 2011 -51 ANALYSIS /RATIONALE Council approved a Public Trails & Pathways Pilot Project (MW- 2011 -07) at their January 31, 2011 Council Meeting. As a result, the City's Parks Services maintains 8.6 km of asphalt based trails, including the new Paisley Janvary-Pool Pathway (Millennium Trail - section 4), just west of Fairview Cemetery, and the Olympic Torch Trail adjacent to City Hall, during the winter months. The following standards apply: • accumulation exceeds 8 cm (3 ") after cessation of the last (in case of multiple back -to- back storms) snow fall event • response time is within 72 hours after the last snow fall event • trails will not be maintained to a dry pavement standard • trails will be sanded /salted (5/1) within eight (8) hours of the plowing operation In many respects, the current level of service exceeds the trail snow plowing operation in that the roadways are plowed on a consistent basis throughout the regular work days and they are plowed on weekends when an interment takes place. Cemetery staff would continue to plow the roadways as needed on weekends when an interment is scheduled. FINANCIAL IMPLICATIONS Staff have included $1,200 in the draft 2012 Operating Budget for overtime costs related to snow plowing. This would occur when staff are called in early on a weekday to clear the accumulated snow on an as needed basis, in preparation for the day's activities. An additional $30,000 overtime costs are included for the Funeral Crew to attend to the Saturday and Sunday interments. These overtime costs are revenue neutral as a surcharge is administered to the families for a weekend interment. If staff were to be called in on the weekends just to plow the snow from the cemetery roadways in the Fairview Cemetery an additional overtime allowance of $10,000 needs to be added to the draft 2012 Operating Budget. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic commitment to provide Financial Stability and Organizational Efficiency and Effectiveness. LIST OF ATTACHMENTS 1. Email correspondence from Mr. Joe Santagata dated October 3, 2011. 2. MW- 2011 -07, January 31, 2011. Recommended by: Respectfully submitted: G. Holman / C. Roberts Geoff Hol ` an, Director of unicipal Works Ken T 1 d, Chief Administrative Officer Selene Tudini - Re: Fairview Cemetery From: Jim Diodati To: Joe Santagata Date: 06/10/2011 4:28 PM Subject: Re: Fairview Cemetery CC: Council Members; Cynthia Roberts; Dean Iorfida; Geoff Holman; Todd Harrison Hi Joe: Thanks for the follow up email. As discussed, I wanted to get your message to our Director of Municipal Works (whose department this service falls under), as well as our Director of Finance (as it should come up in budget discussions) and Members of Council for their consideration during budget as well. I've included the pertinent staff as well as all of the Council Members on this email so they're aware of the request. Many thanks. Jim Thank -you, Joe Santagata MAYOR JAMES M. DIODATI City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 905.356.7521 X 4201 jdiodati @n iagarafal ls.ca »> "Joe Santagata" <greenlantern @cogeco.ca> 10/3/2011 5:10 PM »> Mayor Diodati Page 1 of 1 There are many people who utilize Fairview cemetery for recreation during the winter months. My wife and I visit our parents grave sites and walk for our health as well. Last winter for the first time since memory serves the roads were not cleared on Saturday or Sunday. My concern is that there are plenty of our elder citizens who rely on this service because they wish to pay their respects and to walk for their health. My father used to live across the street from the cemetery and walked there the year round. I am convinced that this kept him alive much longer and now there are many who are doing the same. With no snow removal they are forced to look for alternatives, something that may not be easy. There is also the chance of serious injury if the roads are not cleared and someone tries to traverse the snow laden path. I do hope you will please consider the reinstatement of this service. file: / /C: \Documents and Settings \st212\Local Settings \Temp\XPgrpwise \4EAO3CF9Dom... 10/21/201 1 NiagaraFalls REPORT TO: Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -07 Winter Maintenance - Pilot Project Public Trails & Pathways RECOMMENDATION MW- 2011 -07 January 31, 2011 1. That staff be directed to initiate winter maintenance services to designated trails and pathways on a trial basis as set out in this report; and further, 2. That staff gather feedback from various user groups on the results of the 2011 trail maintenance and solicit comments regarding future levels of service. EXECUTIVE SUMMARY Staff has received a number of requests from recreation enthusiasts and mobility - challenged residents to plow, sand and salt the trails and pathways that are used occasionally during the winter season. Since this is a new service it is appropriate to offer it as a pilot project so that staff can seek additional feedback from the public and review alternative methods of service delivery. The service will commence effective February 7, 2011. This will give us time to erect signs, coordinate staff and inform the public of what they can expect with respect to the condition. Staff is proposing three options for the Council to consider but are recommending that we proceed with the "As and When" (As needed ... When resources are available) standard to cover this winter season. Cost estimates for the other service level options will be presented to the Council during the 2011 Budget deliberations. This approach allows more opportunity for feedback from the citizens and special interest groups like the Mayor's Disability Advisory Committee, Mayor's Youth Advisory Committee and the Park in the City Committee. Winter maintenance will only be provided on those trails and pathways that are hard surfaced (asphalt or concrete) that can be reasonably accessed with mechanical equipment. A map of these areas is provided as Attachment 1. January 31, 2011 BACKGROUND - 2 - MW- 2011 -07 The City's Sidewalk winter maintenance policy sets out clear performance standards for plowing, sanding and salting of sidewalk sections located within municipal road allowances. The standard is needed to; 1. Quantify the dollars needed for budget purposes, 2. Provide a defensible position in the event of claims against the City for injuries due to slips and falls, 3. Articulate to the community the scope and purpose of this service. Since resources are finite and the weather conditions are uncertain, this standard only allows staff to plow about 1 /3rd of the City's sidewalks. Manpower and equipment resources are fully deployed to ensure that the standard is met. Depending on the storm intensity, duration, manpower availability (due to the Hours of Work Legislation) and antecedent conditions it may take a number of days to achieve the standard. Following minor or Tess- intense storms and during nonevent days there may be some capacity to take on additional work from time to time. Due to the unpredictability of the weather, any commitment to expand the existing routes or add new trails and pathways will result in a decrease in the existing level of service (i.e., longer response times) and / or additional equipment. At it's meeting on Monday, December 13, 2010, Council received a presentation from the Operations Superintendent outlining the current level of service and performance standards for the City's Winter Control services. During the discussion the issue of trail and pathway maintenance was discussed and staff expressed their intention to collect information and report back to Council for consideration to provide this new service. ANALYSIS /RATIONALE Staff has identified three options and has evaluated the advantages and disadvantages as follows; 1. As Required and When City Resources are Available ( "As and When ") This standard allows the City to utilize equipment and manpower resources as they become available. No additional manpower or equipment is required however some overtime costs will be incurred from time to time. This approach provides an inconsistent level of service and those using these trails and pathways will have certain expectations as to the response times and conditions. 2. New Trail Standards This standard could be set after consulting with advisory groups to allow staff to match the level of service with the expectations of the community. This approach will involve the need for more equipment and resources, as the plowing, sanding and salting operation will be conducted independently of the road and sidewalk maintenance operations. January 31, 2011 3. Current Sidewalk Standards This standard would be consistent with the existing sidewalk standard. This approach would make it easier for the public to understand as there would be no distinction between what was considered a trail /pathway or a sidewalk. This option will result in additional manpower and equipment resources unless the decision was made to reduce the current response times for sidewalk clearing. FINANCIAUSTAFFING /LEGAL IMPLICATIONS Staff estimates that providing the "As and When" level of service will result in a modest cost increase of $25,000 in the 2011 Operating Budget. Most of the costs will be for new signage. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic commitment to provide customer service excellence and a healthy and safe community. LIST OF ATTACHMENTS 1. Location Plan of Trails and Pathways Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: G. Holman - 3- MW-2011-07 Ken Todd, Chief Administrative Officer NiagaraFalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2011 -52 November 14, 2011 SUBJECT: MW- 2011 -52 Preakness Neighbourhood Park Playground Improvements RECOMMENDATION That staff be directed to work with the residents in the Preakness Park neighbourhood to secure additional funding to accommodate the preferred playground design EXECUTIVE SUMMARY On June 27, 2011, City Council approved Report MW- 2011 -27 which directed staff to use the $76,000 approved for playground upgrades and replacements in the 2011 Capital Budget towards the Preakness Park Playground. Through the public consultation process the neighbourhood residents have selected the preferred model for the playground and staff are in the process of ordering the equipment. In addition, residents have submitted a petition requesting consideration to upgrade the play surface from sand to a rubberized or artificial turf play surface. Preakness Park is a neighbourhood park. Rubberized matting or artificial turf is the standard used at community parks where there is higher visibility and staff presence that would discourage vandalism. The estimated cost of bringing Preakness Park up to the current standard is $90,000 which includes the playground equipment ($40,000), wood fibre play space ($30,000) and minor improvements to amenities, like new basketball hoops, court painting and benches ($20,000). Council is well aware of the past history of vandalism and public safety risks at this facility and staff acknowledge the logic behind the residents' request to exceed the City's standard at this location. Staff are concerned however that exceeding the project budget and amenity standards for this location will create financial challenges for the City when addressing its 10 -year Capital Replacement Program. The costs to accommodate the design preferred by the residents is estimated to be $137,000. This will require an additional $47,000 to be funded from other sources or the 2012 Capital Works Budget. The playground equipment will take 8 weeks for delivery which will bring us into the New Year. Installation should take place in the Spring once the frost leaves the ground. Staff can support exceeding the City standards where external funding has been secured to offset the cost difference. By delaying the installation to the Spring of 2012, staff could work with the residents group to help raise the additional funds needed. This fundraising effort will also demonstrate ownership of the underlying issue and a commitment from the neighbourhood to keeping a watchful eye on this location. Surfacing Type Cost (approximate cost per sq. foot) Accessibility Comments Coarse Sand $3 /sf Non- accessible to wheelchairs. Mainly used in most neighbourhood park playgrounds Wood Fibre $ 6 to $7 /sf Moderate level, considered accessible Crimson Park Garner Park NF Lions Park Rubberized Surface $14 to $16 /sf High level of accessibility Firemen's Park Play Area Artificial Turf $12 to $15 /sf High level of accessibility MacBain Community Centre Park F.H. Leslie Park November 14, 2011 -2- MW - 2011- 52 BACKGROUND The City of Niagara Falls manages and maintains 93 parks, athletic fields and open spaces, including an inventory of 55 playgrounds. The play surfacing standard for neighbourhood park playgrounds has typically been coarse sand. There are forty eight (48) sand based playgrounds in the City park inventory. However, with the requirements of accessibility for playgrounds, wood fibre play surface material is now used as the standard for neighbourhood playground replacement projects (eg. Crimson Park, Garner Park). ANALYSIS /RATIONALE There are various playground surface types, each surface material has both benefits and issues to consider in terms of cost, level of maintenance, lifespan and vandalism. For comparison staff provide the following chart of play surfacing options: The current standard for park playgrounds has served the community well for the past number of years. Some changes have been incorporated to meet accessibility requirements. By standardizing the level of service the City can establish consistency and fairness for each of the neighbourhoods to which the park serves. Conversely, each neighbourhood may have different demographics which makes the one - size- fits -all approach difficult to apply. Staff have been successful in engaging the public in the design process and identifying which features should be included. FINANCIAL IMPLICATIONS The project costs for each of the two alternatives are as follows; Alternative Playground Equipment Playspace Amenities TOTAL Standard $40,000 $30,000 $20,000 $90,000 Preferred $40,000 $77,000 $20,000 $137,000 November 14, 2011 -3- MW - 2011- 52 In order to fund this project the following additional funds will be required; Budget 2011 Capital Budget Future Budget External Contribution Standard $76,000 $14,000 $0 Preferred $76,000 $14,000 $47,000 If the residents are unsuccessful in securing additional funding Council would have the option of proceeding with the standard installation or funding the additional $47,000 in the 2012 Capital Budget. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. LIST OF ATTACHMENTS 1. Petition from Preakness Park Residents of October 10, 2011. 2. Location Plan 3. Report MW- 2011 -27 - Playground Safety Issues - Dated June 27, 2011 Recommended by: Respectfully submitted: G. Holman, C. Roberts, J. Claydon Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer %l/ Niagarapalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -27 Playground Safety Issues MW- 2011 -27 June 27, 2011 The recommendat;on(s) ontained in this report :vere adopted loyCity Coancii 1) That staff be directed to prepare a ten -year Capital Replacement Program for all playground equipment located on City -owned land and further, 2) That Staff direct funding from the Playspace Improvement Program toward improvements at Preakness Park. On May 30, 2011, City Council requested Staff to report back on condition and safety issues at Preakness Park and other parks in the City's inventory. The Preakness Park playground has been the victim of recent acts of vandalism. On five separate occasions in the month of May staff has returned to Preakness Park to repair the play structure. Due to the age of the equipment (constructed in 1994) the required replacement parts are no longer available. Staff is left with the decision to board up the areas that are no longer playable, or dismantle and remove the complete structure. The mandate is to ensure the play structure is safe for children to play on. Boarding up parts of a play structure does make it safe, however; the play factor is greatly reduced. Preakness Park is one of many playgrounds constructed in the early to mid 1990's. The Iifespan of a playground is usually 15 years. Preakness Park and Mount Carmel Park are now 17 years old. Ontario, Valour and Crimson parks were constructed in 1992, making them 19 years old. Another 18 parks were constructed in the mid 1990's making them close to the point of replacement. The Crimson playground received Capital Budget approval of $169,000 this year for upgrades and replacements. Construction is currently taking place with a July 2011 completion date. Another $76,000 in the 2011 Capital Budget has been allotted to additional playground upgrades and replacements. These funds were planned for the replacement of the play structure and other amenities at Valour Park, as the playground equipment is beyond the anticipated life cycle and has been subject to significant abuse /vandalism. The Valour Park play structure has similar issues as Preakness Park. June 27, 2011 Due to the most recent circumstances, Council may wish to direct available resources to the Preakness Park project. Additional funding would be needed to address both of the problem areas. BACKGROUND - 2 - MW- 2011 -27 The City of Niagara Falls manages and maintains 93 parks, athletic fields and open spaces, including an inventory of 55 playgrounds that must be maintained. The City has different categories for its parks and one of the most common is the "Neighbourhood" park which provides access to children from the surrounding subdivision. Another category is "Community" park where families would most likely drive to the park to enjoy the play amenities. Examples of these playgrounds are MacBain Community Park, Patrick Cummings Park, F.H. Leslie Park and Niagara Falls Lions Park. The latter parks, and the newly constructed (2008) Garner Park, are considered accessible. A significant amount of time and money is spent on playground maintenance as a result of vandalism and damage. Challenges include the age of the equipment, the amount of damage over the years, due to vandalism in many cases, and lack or no availability of matching replacement parts due to the age. The Municipal Works Parks Services employ three (3) Staff as Equipment Maintainers. They are Certified Playground Practitioners. Among their many duties is the responsibility of an annual inspection of park play structures. A Parks Crews will also contact an Equipment Maintainer if they notice anything unusual or unsafe during their cursory inspection of the playground, while maintaining the park grounds. The Equipment Maintainer will then complete a more in -depth inspection and repair or replace parts as needed. Sometimes it is a loose chain on the swing set and other times it requires a replacement part. The Sandman Crew also visits each park consisting of sand surfacing and they will contact the Equipment Maintainer as well if an unsafe feature is noticed. Staff also relies on the public to advise of any safety issues they may see with the playground equipment while visiting the playground with their children. If a play space is found to be unsafe by the Equipment Maintainer it will be dismantled and removed from the park. This was the case with the Crimson play space in November 2010. Unfortunately, the removal of the play structure results in the neighbourhood children left with only one set of swings and a basketball court on which to play, until a new play structure can be built, pending budget approval. ANALYSIS /RATIONALE A Ten -Year Park Improvement Plan (Plan) is currently being prepared that will identify a number of parks requiring upgrades over the next 10 years. The criteria used to determine the priority is as follows: June 27, 2011 - 3 - MW- 2011 -27 1. Age, with an anticipated life span of 15 years; 2. Issues identified in the Parks Inspection & Maintenance Report; and 3. Other issues, such as continued vandalism. This Plan will be ready for the 2012 Capital Budget deliberations. In the meantime, Valour and Preakness parks are both in need of attention. Currently, Valour Park is scheduled for replacement in 2011. $76,000 from the 2011 Capital Budget will fund the replacement costs, however; it will only cover the cost to replace one non accessible play space, not two. Preakness Park also requires replacing and will be identified as a priority item in the Plan. The Plan will identify up to 30 parks where the age of the play structure is more than 15 years during the 10 -year period. The first five (5) years of the Plan will concentrate on up to 20 parks where the play structures are the oldest and the vandalism and other issues are most prevalent. Some play structures will last longer than others as they have not received the vandalism damage that others have received. Ontario Park, constructed in 1994, is one such play structure. In addition to the physical requirements for the replacement of aging play equipment, Niagara Falls City Council has committed to meeting the requirements of the Niagara Region Facility Accessibility Design Standards (FADS). The Niagara Region FADS place requirements on the City to ensure that replacements meet a minimal standard for accessibility. FINANCIAL /LEGAL IMPLICATIONS The cost to upgrade a play structure and other amenities (swings, basketball court, riding toys, etc.) in a playground, can range from $70,000 to $100,000, depending on the size of the playground. Other hard infrastructure costs (storm sewer reconstruction, sidewalk and security lighting) place additional pressure on the budget. The current standards for new playgrounds include good street visibility, lighting and accessibility. Niagara Region FADS adds requirements like accessible play components, upgraded play surfacing (non sand) and accessible routes /walkways to the playground area. As playgrounds are replaced, additional costs for FADS compliance should be factored into the costs (approximately $10,000 to $25,000). Much like the neighbourhoods they serve, each park playground is different. As a result, budgets should be tailored to each park's needs and not a 'one size fits all' funding formula for replacements. The Ten -Year Park Improvement Plan will identify up to thirty (30) playgrounds that will require upgrades or replacements, at an estimated total cost of $2,500,000. The City, having chosen to provide play spaces, has a legal duty to maintain those play spaces to a standard of reasonable safety. June 27, 2011 CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Recommended by: Respectfully submitted: G. Holman, C. Roberts, K. Beaman, D. Antonsen, J. Clayden - 4 - MW-2011-27 Geoff Holman, Director of Municipal Works Ken Tod, Chief Administrative Officer Name Address Phone Number 1. ice- ( LL 7 I� 416Q (A.S. `loc- - iI -2_-2_04_5 0� 3 1- rr 1 6. I I » 5 � t. : 7. { A +�, t ` � � t ) . t 8 _ ,' t; ' i �— I �� � �.1 fit., j J i 10. /,l 11, � . 12. I ' 14. t " - �_ 15 it, i i, }' -' , , k 1 I ) ? ) ; , f /;. ' 4 f j ° . , ( , , . y 16 /'/I 1." . .- ./7 17. , 19 '; .. ---t;' =--- r , r ,t om r L !` 4 lT -- Ss. : i 4 i z (._i 20 6,...-_1:2; - , _., � _' ; _ _ i ' �= =' , < __ � . - 21. ll �if2 Lt frA C c " ' 1hl`� e' i 71, , z L r _ 24. 1 .._ 5 v 7 7L "? t' L.: _, • -. r t: 25. > f ,'- L ! ? -T= r'l �c C i=31 - �k` f\, r_- ft i - 7 - `� , 26:1----.4%,, - 27. _ (` , LL 29. (; ( /1 r�' (? - c Cry � r t r :_t . < c � i __ ' 30. kN -,,`c 1,,... L...1_ ( ,' rt c , -) Y- l i t A -,. ,1- - -- S '. 7 ._ L - 1 31. < ) , .I�rf> .; ■ -, 32. A , — ' _," i _ 33- (1/,,,,: ,. // f �. �u_ l t -- �c October 10 2011 C 1 411 4 - Jele Dear Mr. Claydon, Ms. Roberts and Members of the Municipal Works Department for thel of NSagarg.. _ ; 1 - Falls, Ontario: We the surrounding residents of Preakness Park in Niagara Falls, Ontario, are strongly in favour of the installation of the rubber artificial surface for our playground equipment. We are also strongly in favour of having the whole $76,000.00 spent on new playground equipment. - 1 7 t ''. ' t..',Ct, .'-- ' (,/ 35. , Plo, t •)! -- RI / er., 1,__ 36. 7 4'., .),•_;(- y 1 10 1 ).)1,,, ' i .--ki ,,„, (",, 4 \ ) ...' /6 .- 37 - //.., L , 38 - - `..; /- . ' , 1--: C C .7 i ) ', .). 1 , i i , i f ,, I '..:' '% ' . , ; - ) ) ' 39. 40. or n :e3 r ue av a Mayors nnpk 1,0 as no rayon...mu or rant., essreis Med. au secure, or Oanutletersss Use dais. The 0 woKw1,1e3T6 0:1 Novo ntenJed gene,. s s..a 1,11suu on woofs. cc:moque...1 or Ineto, elusnags am, Sao 4, use 011, OAR Users 141, « v .eaft o.,, „k 0 0,01, 1311 Niagaraf'uUs Preakness Neighbourhood Park Context Map The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Regional Municipality of Niagara (the "Region ") released the Niagara Homelessness Services Community Plan (the "Plan ") in April 201 1; and WHEREAS the Plan. in regards to local homelessness issues and priorities, was a requirement for Federal funding; and WHEREAS the Plan identified four priorities: Supported Transitional Housing. Prevention, Outreach and Data Collection; and WHEREAS with regard to the priority of Prevention, the Plan identified that current prevention programs were limited and underfunded; and WHEREAS the objectives of Prevention are to expand services so that all Niagara residents have equal access, increase the number of individuals receiving prevention services and increasing the number of housed individuals; and WHEREAS the Plan recognized that an investment in Prevention programs would result in a reduction of the numbers of homeless individuals on the street and allow hostels and outreach services to focus on providing services to the chronically and episodically homeless; and WHEREAS Project SHARE made an application to the Region for funding approximately $150.000 under the Prevention priority; and WHEREAS the Niagara Homelessness Advisory Committee ( "NHAC ") rejected Project SHARE's application for funding, despite the recognition of inadequate prevention programs in the Region; and WHEREAS the result is that the second largest municipality in the Region, Niagara Falls, may lose valuable Prevention programs administered by Project SHARE; and WHEREAS with downturns in the economy, especially in the tourist sector, there is an increasing demand for housing help at Project SHARE. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Regional Municipality of Niagara and the Niagara Homelessness Advisory Committee to reconsider Prevention funding for applicable programs within the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Hi Dean Elaine Project SHARE Our Community At Work November 3, 2011 Enclosed please find a copy of the letter we are sending Jim and a copy of the Niagara Homelessness Services Community Plan April 2011, where the quotes and information were taken from. If this doesn't give you all the information you need, please feel free to contact me. Thanks for your help. 2- 4129 Stanley Avenue Niagara Falls Ontario L2E 7H3 W: www.pro g shy+ exa. E:infqqp P: 905 - 357 -5121 F: 9011-357 -0143 BOARD F DIRECTORS Brian fellow Chairran Jim Ferraro Past Chairman Bart Maves City Council Representative Anna Luciano Treasurer Paisley Janvary-Pool Secretary Lori Lococo Ernie Bagnulo Elaine Christenson Denise Desjarlais Tom Snodgrass Mick Wolfe Members Elaine Pihach Executive Director Karen Stearne Selina Volpatti Honourary Members NiagaraFalls Niagara Region Building Community. Building Lives Ontario Fondation Trillium >• l Trillium Foundation '" f ' de 'Ontario United Way Niagara Falls and Greater Fort Erie REGISTERED CHARITY NUMBER 107861338RR0001 - A measure of a community is how it treats those who are disadvantaged Project SHARE Our Community At Work November 3, 2011 Mayor Jim Diodatti City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Jim 2- 4129 Stanley Avenue Niagara Falls Ontario L2E 7H3 W: www.projectshare.ca E: info @projectshare.ca P: 905 - 357 -5121 F: 905 - 357 -0143 Project SHARE has been preventing homelessness in Niagara Falls by providing basic needs since 1989. Since our inception we have been in receipt of funding for a Housing program. Originally the Ministry of Housing supported us directly but for many years Federal and Provincial dollars have flowed through the Niagara Region to support Niagara's Homelessness Service System, and the Region has funded Project SHARE's Prevention program with these funds. Under the April 2009 to March 2011 RFP process we received $156,493 for 2 years, with an automatic extension to September 30, 2011 of $37,216. New allocations for funding were to be determined by community priorities identified as Supported Transitional Housing, Prevention, Outreach and Data. We requested $151,534 per annum through the RFP process of funding from October 31, 2011 to March 31, 2014 under the second priority of Prevention. The objectives for Prevention are: 1) Expand prevention services so that all Niagara residents have equal access to these services, 2) Increase in the number of individuals receiving prevention services, and 3) Increase in the number of individuals who are and remain housed. Not only was our request for funding denied, no Prevention dollars were allocated at all for Niagara Falls. How are these objectives being met when the second largest city in the Region does not receive funding? More families need our help each year. Requests for housing help at Project SHARE have doubled from 5,320 units of service (pre- recession) to 12,832 units of service in 2010. The withdrawal of Prevention funding for the City of Niagara Falls seems contrary to the Region's Niagara Homelessness Services Community Plan (April 2011), which states, "Our current system of Prevention programs as the centre piece does not come close to meeting the demand for this type of service. Additionally, the distribution of this service is uneven across Niagara with some municipalities receiving little or no supports. The current level of Prevention programs has resulted in a greater number of incidents of homelessness that is preventable. An investment in prevention programs would result in a reduction of the numbers of homeless individuals on the street and allow outreach services and hostels to focus on providing services to the chronically and episodically homeless. Niagara was one of the CMAs in Ontario hit hardest by the economic downturn. The demand for tourism declined which negatively impacted cities such as Niagara Falls that heavily rely on the hospitality industry as a source of revenue and job creation." BOARD OF DIRECTORS Brian Pellow Chairman Jim Ferraro Past Chairman Bart Maves City Council Representative Anna Luciano Treasurer Paisley Janvary-Pool Secretary Lori Lococo Ernie Bagnulo Elaine Christenson Denise Desjarlais Tom Snodgrass Mick Wolfe Members Elaine Pihach Executive Director Karen Stearne Selina Volpatti Honourary Members Niagara,Falls NiagaraleW Region Building Community. Building Lives. Ontario Fondation Trillium 1 / Trillium Foundation ` j de I'Ontarlo 0 United Way Niagara Falls and Greater Fort Erie REGISTERED CHARITY NUMBER 107861338RR0001 - A measure of a community is how it treats those who are disadvantaged Mayor Jim Diodatti We are concerned for the people who come to us daily requesting help who are at risk of homelessness. In consideration of those families, our Board of Directors has decided to continue our Prevention program for an additional 6 months. If we are unable to secure funding after that date, however, the future of our Prevention program may be in jeopardy. This is a vital service to our city as there is a wait list of 11,520 for affordable housing. In a survey administered by a Brock University student, 95% of our clients spend more than 50% of their monthly income on rent. Although dialogue has continued for years Niagara Falls still doesn't have a men's or family shelter or Out of the Cold program that allows people to stay overnight. Any assistance you can give to ensure we can continue to help the families in Niagara Falls at risk of homelessness would be appreciated. Respectfully submitted G' Copies to: On behalf of the Project SHARE Board of Directors Brian Pellow Chairman of the Board -2- November 3, 2011 Mr. Gary Burroughs, Chair and CEO, Niagara Regional Council Mr. Kim Craitor, MPP Niagara Falls Ms. Barbara Greenwood, Regional Council Member for Niagara Falls Mr. Bart Mayes, Regional Council Member for Niagara Falls The Honourable Robert Nicholson, P.C., Q.C., MP Niagara Falls Ms. Selina Volpatti, Regional Council Member for Niagara Falls Niagara Region Building Community. Building Lives. Niagara Homelessness Services Community Plan April 2011 NUMBER OF PEOPLE REPORTING HOUSING TRANSITIONS TRANSITION TYPE ANNUAL RESULTS 2007 -2008 ANNUAL RESULTS 2008 -2009 ANNUAL RESULTS 2009 -2010 Street to more stable housing 76 0 0 Emergency shelter to more stable housing 0 42 25 Hidden homelessness to more stable housing 0 6 44 Transitional housing to more stable housing 0 0 0 Supportive housing to more stable housing 0 0 0 Criminal justice system to more stable housing 0 1 0 Child welfare system to more stable housing 0 0 0 Health facility to more stable housing 0 4 0 TOTAL 76 53 69 NUMBER OF PEOPLE THAT MAINTAINED HOUSING OUTCOME Number of people that maintained their housing 0 86 176 NUMBER OF PEOPLE REPORTING ECONOMIC AND SOCIAL IMPROVEMENTS OUTCOME Improvements in income 0 41 247 Improvements in employment status 0 30 35 Improvements in participation in volunteer work 0 19 3 Improvements in participation in education 0 22 13 TOTAL 0 112 298 HPS Outcomes Niagara Region Homelessness Services Community Plan Over the three results reporting periods, 198 unique individuals received support and were able to move to more stable housing. Of those 198 individuals, 103 were contacted for a three -month follow -up and 85% of them were able to retain their housing (not shown in chart). During the 2008 -2010 period, 262 at -risk and /or at- imminent -risk individuals received homelessness prevention services. Successful follow -up was made with 223 of the individuals and 90% of them were able to maintain their housing after three months (not shown in chart). With respect to changes in social and economic attributes, 288 individuals experienced an improvement in income, 65 individuals improved their employment status, 22 individuals improved their participation in volunteer work and 35 individuals improved their participation in education. CHPP Outcomes (March 2010 -March 2011) Prevention Supported Transitional Housing Outreach Niagara Region Homelessness Services Community Plan A total of 1700 unique households were served with 365 of those households experiencing homelessness at various levels throughout the reported period. As a result of services provided, 94% of households at imminent risk of homelessness remained housed and 97% of households at risk of homelessness were provided with personal support services. 59% and 13% of households experiencing homelessness were able to move from the street to temporary accommodations or permanent housing respectively and 40% of households living in temporary accommodations were able to move onto permanent housing. A total of 74 unique households were served with 16 of those households experiencing homelessness transitioned through various living situations during the reported period. As a result of services provided, 20 of the 59 households were able to move to permanent housing. A total of 583 unique households were served with 44 of those households experiencing homelessness at various levels throughout the reported period. As a result of services Service Area Prevention Supported Transitional Housing Outreach Total Number of Households 1700 74 583 Household at imminent risk of homelessness served 546 0 42 s Pre Household at imminent risk of homelessness served that remained housed (through the crisis). 512 0 29 Household at risk of homelessness served 831 0 188 Household at risk of homelessness served that have been provided personal support services. 804 0 162 Households experiencing homelessness obtain housing .K",��, v . �' _ ' -'� - ,far.:. .... "•,s ,. *�... Household experiencing homelessness served. 643 16 349 Household living on the street served. 340 0 141 Household living on the street served that moved to temporary accommodation. 200 0 29 Household living on the street served that moved to permanent housing. 43 0 0 Household living in temporary accommodation served 433 59 243 Household living in temporary accommodation served that moved to permanent housing. 173 20 4 Number of Households that transitioned from or to more than one state of homelessness 365 0 44 CHPP Outcomes (March 2010 -March 2011) Prevention Supported Transitional Housing Outreach Niagara Region Homelessness Services Community Plan A total of 1700 unique households were served with 365 of those households experiencing homelessness at various levels throughout the reported period. As a result of services provided, 94% of households at imminent risk of homelessness remained housed and 97% of households at risk of homelessness were provided with personal support services. 59% and 13% of households experiencing homelessness were able to move from the street to temporary accommodations or permanent housing respectively and 40% of households living in temporary accommodations were able to move onto permanent housing. A total of 74 unique households were served with 16 of those households experiencing homelessness transitioned through various living situations during the reported period. As a result of services provided, 20 of the 59 households were able to move to permanent housing. A total of 583 unique households were served with 44 of those households experiencing homelessness at various levels throughout the reported period. As a result of services OUTCOME 2007 -2009 Targets 2007 -2009 Actual Results 1.1 NUMBER OF PEOPLE REPORTING HOUSING TRANSITIONS 94 129 1.2 NUMBER OF PEOPLE SUCCESSFUL IN RETAINING HOUSING AFTER 3 MONTHS 66 68 2.1 NUMBER OF PEOPLE RECEIVING PREVENTION SERVICES 104 86 2.2 NUMBER OF PEOPLE SUCCESSFUL IN RETAINING HOUSING AFTER 3 MONTHS 66 73 provided, 69% of households at imminent risk of homelessness remained housed and 86% of households at risk of homelessness were provided with personal support services. 21% of households experiencing homelessness were able to move from the street to temporary accommodations and 2% of households living in temporary accommodations were able to move onto permanent housing. Although targets were set for some of these outcome categories when the 2007 -2009 community plan was developed, figures were not updated to include 2010 expected outcomes. However, it can be concluded based on the 2007 -2008 and 2008 -2009 results that Niagara Region has met or exceeded most of their targets as shown in the following chart. The most recent data collected thus far is for the period from March to December 2010 and the figures show that many more people are accessing housing and preventative services compared to previous reporting years. The conclusions drawn are: 173 individuals were able to transition to more stable housing; 164 individuals received housing loss prevention services and of the follow -ups completed for both outcomes; and over 90% of individuals were able to retain their housing after three months. In addition, 86 individuals experienced social and /or economic improvements. These HPS and CHPP figures provide significant information about the positive changes made to members of the community with housing stability issues, but they also help identify where improvements need to be made. Through the data tracking process, it has become apparent that the term homelessness prevention has multiple meanings to multiple agencies, groups, and individuals. As a result, Niagara Region Community Services has been working with the NHAC to develop a standard prevention model to be used as a guideline by agencies providing preventative services. In addition, data collection methods have been inconsistent between, and sometimes within, agencies. However, hostels across the region are currently in the phase of implementing the Homeless Individuals and Families Information System (HIFIS) as the standard system for data tracking. The ultimate goal will be for all service agencies to include HIFIS as part of their operations such that reliable data will be available at the regional level. CURRENT SITUATION Niagara Region Homelessness Services Community Plan C 01 Niagara Region was one of the CMAs in Ontario hit hardest by the economic downturn. The demand for tourism declined which negatively impacted cities such as Niagara Falls ' Determined by multiplying the success rate of clients contacted for follow -ups by the total of the 2007 -2008 and 2008- 2009 reporting period. 2 Same comment as above. Niagara Region Homelessness Services Community Plan that heavily rely on the hospitality industry as a source of revenue and job creation. This led to a decrease in job opportunities for students and other seasonal workers during the summer months. However, it was not only seasonal positions that were affected. Poor economic prospects in the Region has led many youths, including recent graduates, to move out of the area to larger cities or other provinces for job opportunities. The seasonally adjusted unemployment rate for St.Catharines- Niagara in the first quarter of 2011 has been averaging 9.6 %, well above other Ontario CMAs and the provincial and national average of 8% and 7.8% respectively. Recent news of a manufacturing plant in Welland closing and thus eliminating over 300 jobs emphasizes the dire situation that municipalities in Niagara face in regards to increasing unemployment. Since 2007, the list of individuals on the waitlist for affordable housing has increased and with the implementation of the HST in Ontario this past summer, families and individuals are spending a greater portion of their income on their cost of living. This new tax system has a larger, negative impact for those in the low income range who are already struggling to cover their basic necessities as one can tell based on the persistent increase in the number of Ontario Works caseloads and the increase in food bank usage in Niagara. Given the current economic conditions with food and energy prices at levels above historical highs and a projected forecast of an upward trend for the rest of 2011 from multiple consulting groups, Niagara's Homelessness Service System will have to meet greater demands with fewer resources. As a result, it is expected for prevention and support services to have a bigger impact than emergency shelters in tackling homelessness in Niagara for the period of April 1, 2011 -March 31, 2014. The number of immigrants coming into the Region decreased in 2009 and this group have the tendency to rent upon their arrival. Since one of the core groups of renters decreased, the Region experienced an increase in apartment and housing rental vacancies that were difficult to fill due to decrease demand and increase in costs. Despite the upward trend in vacancy rates, average rents in Niagara continued to rise. Between 2001 and 2006, Census data showed that the average monthly shelter costs for homeowners and renters increased by $182 and $95 respectively. The trend for renters is relatively stable compared to previous census years, but the increase experienced by homeowners is twice as much when compared to previous trends. According the CMHC's Rental Market Report 2009 for St.Catharines- Niagara, "The average rent... increased 2.3 per cent between October 2008 and October 2009. This increase was above the Residential Tenancies Act Guideline for 2009 of 1.8 per cent, and larger than the 1.8 percent increase which occurred in 2008." Average income has not increased at the same rate so this puts more families and individuals at risk of becoming homeless. The growth in transitional housing units was able to house some of the previous hostel users, but they have to compete with the portion of the growing homeless population, that does not seek or require emergency shelter services, for housing so the supply of units does not meet the demand. Most, if not all, transitional housing service providers maintain a waitlist for their clients who are eager for a vacancy. This gives the community a clear indication of the importance and necessity for additional supported transitional housing units to not only house, but guide and support individuals toward stable, independent housing. The Niagara Region is active in developing HIFIS as the service data template of choice for all of our purchase of service agencies including our emergency hostels (shelters). A project manager was hired to implement and support this effort and have funded it to date with local 100% funding until March 31, 2011. Unlike previous years, 100% funding for this project is no longer available. In order for the project to continue to move forward funding in excess of HPS needs to be acquired. To utilize HPS funding for HIFIS would negatively impact the amount of funding for direct service projects. Obtaining funding from within HIFIS is an important consideration for moving forward and being able to effectively collect data to share with the Homelessness Partnering Secretariat. ISSUES After consultation with the NHAC, it was decided that the four homelessness issues identified in the 2007 -2009 community plan are still relevant to Niagara's 2011 -2014 community plan. These issues are: 1) Invest in supported transitional housing for the chronically and episodically homeless to assist this population in acquiring skills, making the connections with sustainable income and receiving supports they need to maintain their housing. 2) Current prevention programs are limited in number and are underfunded. Such programs are not found in some municipalities in Niagara and where offered, access and level of service is not evenly distributed across the region. 3) Current outreach services are underfunded and as a result are unable to provide a level of service equal to the demand. Access to current service varies from municipality to municipality with some areas only receiving part time service. 4) Niagara lacks a systematic approach to data collection resulting in a knowledge deficit when it comes to knowing the full extent of the homeless situation in Niagara. CHPP and HPS funding will be utilized to address these four issues in Niagara's twelve municipalities with annual CHPP and HPS funding levels of $512,000 and $476,000 respectively for a total of $988,000. PRIORITIES It is the responsibility of the NHAC to identify the priorities in the community in order to determine service areas that require attention and to provide an indication of how funding will be allocated for each priority. Four priorities were identified for Niagara and they include: Priority #1: Supported Transitional Housing Objectives Niagara Region Homelessness Services Community Plan 1) Increase the number of supported transitional units /beds in Niagara. 2) Decrease in the number of episodically sheltered. 3) Decrease in the number of homeless living on the street. Rationale Niagara Region Homelessness Services Community Plan Investments in supportive /supported transitional housing are needed to address the needs of the episodically homeless. Despite a significant increase in hostel /shelter beds from 2008 to 2010, 30 (Y0 of hostel users remain chronically homeless. They receive supports while in a hostel and are able to secure housing but are unable to hold onto it for any significant period of time as the supports do not travel with them to their new residence. Based on the figures gathered from community agencies' data reports, the outcomes for this priority have been positive, but the need for the service continues to grow. As a result, the development and continuation of supported transitional housing was seen as a priority by the Niagara Homelessness Advisory Committee during the community plan consultation on January 21, 2011. Priority #2: Prevention Objectives 1) Expand prevention services so that all Niagara residents have equal access to these services. 2) Increase in the number of individuals receiving prevention services. 3) Increase in the number of individuals who are and remain housed. Rationale With a wait list of 11,520 for affordable housing there is a documented need for additional affordable housing in Niagara. The numbers on the waitlist capture the largest portion of those at risk of homelessness but often don't include those who are episodically homeless or those living on the streets. Prevention programs are high leverage activities that assist individuals with retaining housing once it is acquired following a period of homeless and for individuals at risk of homelessness it prevents homelessness from occurring and the development of the occurrences associated with it. Our current system of prevention programs as the centre piece does not come close to meeting the demand for this type of service. Additionally, the distribution of this service is uneven across Niagara with some municipalities receiving little or no supports. The current level of prevention programs has resulted in a greater number of incidents of homelessness that is preventable. An investment in prevention programs would result in a reduction of the numbers of homeless individuals on the street and allow outreach services and hostels to focus on providing services to the chronically and episodically homeless. The need to clarify the term for prevention was previously identified given the large diversity found in service provisions. As a result, Niagara Region with the help of the NHAC developed a model that incorporates pertinent aspects of homelessness prevention in a Niagara Region Homelessness Services Community Plan general manner. The model consists of five (5) components and they are: 1) Identification of Client Group Served • Consists of identifying specific subpopulation(s) that the program will serve; • Design program and services catered to meet the specific needs of the client group. 2) Housing Stability Focused • This may involve providing assistance to at -risk households in finding housing; • Provide supports and resources necessary for households to meet their goals and prevent another (at- risk -of) homelessness episode. 3) Client Choice • Clients are actively involved in the design, development and implementation of their case plans, and they have a clear understanding of their options, rights and responsibilities within them; • This allows clients to have control, in combination with guidance from the agency, to empower them and provide the confidence they need to meet their goals. 4) Case Management • Involves: a. Assessment i. Respond to crises and provide clients with the option to participate in programs or receive services; ii. Each client participating should be assessed to determine the necessary type and level of support to meet their needs; iii. Focus on information that is pertinent to the client's current housing situation. b. Case Planning i. Creating individualized case plans for all participating clients; ii. Case notes of clients' progress are maintained and frequency of updates corresponds to the level of supports provided; iii. Community resources should be made available to clients during program participation and after their exit (if applicable). c. File Standards i. Data collection and documentation of service and program outcomes are essential for: o Agency accountability; o Identifying best practices and areas for improvement. ii. At a minimum, the following should be documented: o Intake and assessment; o Case plan and notes; o Copies of identification iii. All records are to be stored securely in accordance with agency, Priority #3: Outreach Objectives Rationale Priority #4: Data Collection Objective Niagara Region Homelessness Services Community Plan funder(s), government and other standards. 5) Collaboration • Develop working relationships with landlords, housing authorities and individuals or groups providing counseling and treatment for mental health and addiction issues which are vital for effective service delivery and response; • Collaborate with other service providers to keep people housed by: a. Efficiently maximizing use of limited resources b. Reaching out to areas with limited or no service • Engage current and previous clients to assist in identifying strengths and weaknesses of the program(s) for improvement. 1) Expand outreach services so that all Niagara residents have equal access to these services. 2) Increase in the number of individuals receiving outreach services. 3) Decrease in the number of individuals living on the streets. Outreach services are not equitably distributed across Niagara with some communities receiving part support and others full time. In all communities the service is more reactive than proactive and although the service provides a quality response as situations develop, the sheer size of the problem relative to the resources available limits time to be divided between responding to those in need of short-term or crisis sheltering and the chronically homeless or episodically sheltered. An investment in outreach programs will create a system of outreach with equal access to outreach services regardless of where an individual lives and allow the system to continue to respond to short-term or crisis sheltering but also enhance the ability to provide service to the chronically homeless and episodically sheltered population, hopefully steering this group to the newly developed supported transitional housing system. Overall, current outreach services have limited ability to adopt a proactive approach to outreach as they respond to situations as they develop due to understaffing. Local communities have responded to gaps with underfunded resources creating a patch work system of response in some communities. Improved data on homelessness to facilitate a more coordinated community response to homelessness. Rationale Although data collection does occur within funding silos such data is not shared beyond the organization or service sector and because there are geographical gaps in funding in some areas of Niagara there is no tracking and reporting of data. Compared to 2006, data regarding Niagara's homeless population is more readily available today. However, there are concerns about data consistency. The exercise of completing the data tables has reinforced the need for a system of data collection. Such a system would enhance customer service by way of tracking client service, reduce duplication of effort between agencies, enable the community to develop a pool of data that will assist the Niagara community and agencies to develop a better understanding of homelessness and provide data for advocacy and funding submissions. Through the consultation process the community identified the following coordination of services priorities to meet this objective: 1) Create a process where a client enters any door and it will be the right door — "a seamless ability to move through services ". 2) Develop and establish agreement on intake and outcome benchmarks (i.e. create a measurement system for intake & outcome) 3) Collect and disseminate statistics on homelessness throughout the Region as a mean to keep all stakeholders informed (e.g. social justice committee) 4) Create and use a common tool /model that will coordinate statistics and determine next step in referral process SUMMARY Niagara Region Homelessness Services Community Plan As the coordinator of Federal and Provincial homelessness funding, Niagara Region with the assistance of the NHAC will work together to decide on how to best serve Niagara's homeless population. The outcomes from projects supported through HPS and CHPP thus far has had a positive impact on individuals, families and the community. However, the need for services providing longer -term supports has persisted and grown over the years. In addition, recent economic conditions have left the community with varying challenges to tackle with respect to employment and housing. This has led service agencies to adapt to the changing needs of the clients they serve. Niagara Region will continue to collaborate with the NHAC to focus on addressing the priorities identified in order to meet the needs of the homeless population and the objectives of the community's priorities. The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS draft approval for the Plan of Subdivision for Part of Township Lot 185 Stamford, was given by the Council of the Corporation of the City of Niagara Falls effective on December 18, 2008; and WHEREAS Warren Woods Land Corporation is proposing the removal of Blocks 191, 192 and 198 from the Plan: and WHEREAS despite the removal of these Blocks the proposed development is very similar to the original plan in its layout: and WHEREAS the modification does not impact on any abutting properties. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act. R.S.O., that the proposed changes in the draft Plan of Subdivision (26T -1 1- 2006 -02) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES NI. DIODATI CITY CLERK MAYOR Niagara REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works - Fleet Services Transportation Services SUBJECT: MW -2011 -44 Tender T10 -2011 Mobile Digital Radio Systems RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND MW- 2011 -44 November 14, 2011 1. That Tender T10 -2011 Section A, Form of Tender "A ", for the supply of New VHF Mobile Digital Radio System for all City Equipment and Office units in Municipal Works Departments be awarded to Talk Wireless Inc. in the amount of $154,709.53 (plus tax). 2. That Tender T10 -2011 Section A, Form of Tender "B ", for the supply of New UHF Mobile Digital Radio System for the Niagara Falls Transit Buses be awarded to Talk Wireless Inc. in the amount of $65,086.53 (plus tax). 3. That Tender T10 -2011 Section B, to provide Two -Year Service and Maintenance of the Mobile Radios be awarded to Talk Wireless Inc. 4. That staff be authorized to sign the necessary purchase order and related documents associated with these purchases. Staff has continuously monitored and followed Industry Canada's rules and regulations for the use of radio waves. In the past few years, Industry Canada has instructed radio wave users to switch to short wave systems. Short wave is a term which is commonly known as digital waves. Presently, the City is using analog waves. Being a border city to the USA, there has been interference while talking on the radios. In an emergency situation, this interference could jeopardize our response. Effective in January 2013, the exemption that has been given to city and transit systems in Ontario for continued use of hand -held radio communications devices (hard -wired 2 -way radio handsets) will expire. Conversion to hands -free operation is necessary. All existing radios in the city and transit fleet are hard - wired. November 14, 2011 - 2 - MW- 2011 -44 Municipal Works - The VHF digital radio system will have many more options compared to the analog system. Every two -way radio in our city fleet will have GPS. There are emergency capabilities and texting capabilities. The digital system allows for added devices so operators will not have to hold the radio mike to talk. Transit - The UHF two -way radio system, analog type, being used by Niagara Falls Transit (NFT) is somewhat outdated and limited in it's capabilities in comparison to new technology now available in the marketplace. Furthermore the capability to expand users in the analog world is rapidly coming to a close. Demand is surpassing the capability of analog band widths to supply necessary capacity for additional users. As a result, there is a mandatory revision sanctioned by Industry Canada that by 2013 all 'analog' type two -way radio systems must be converted to new technology described as 'digital' systems where expansion is somewhat limitless at this point in time. Only digital radios are now available. Old analog radios do not easily function in a digital & analog mix system. As NFT is now expanding it's fleet and there is a demand for additional radios, there is a need to convert all existing analogue to digital format. For consistency of operational needs, Transit will maintain their UHF system. This is compatible with other municipal systems in Niagara Region. It also simplifies our move forward without having to apply for new licences and new frequencies which will expedited the conversion from analog to digital type radios. The tender document calls for the following transit radios - 47 mobiles (buses, van & maintenance vehicle), 5 handheld portables and 5 base stations. Advantages that will be gleaned with this new system are hands -free operation; emergency response button; various channel options including supervisor to bus (private or specific group such as IMT, VTS or Municipal vehicles), supervisor to supervisor, bus to maintenance garage and bus to bus (including VTS to Municipal; IMT to Municipal; IMT to VTS); Smart Bus (IMS) interface compatibility with next stop announcements, destination signs, passenger counters and fareboxes; plug & play capability with forthcoming dispatcher console; trade -in value provided for 32 used radios being replaced; repeater to be relocated to higher location for improved distance and clarity throughout Niagara Region; and preventative maintenance proposal covers 2 years with possible year 3 extension. ANALYSIS /RATIONALE After reviewing all tender specifications, it was found that the lowest bids from Talk Wireless Inc. met all the tender specifications and is being recommended for acceptance. Talk Wireless Inc. has been working with the City of Niagara Falls and is very familiar with both the Transit and Municipal Works systems. Their tender document included numerous local operations that they are providing service for. As a result, their reputation is a positive element in dealing with a single submission bid and supports our recommendation to approve the two part tender for both supply & installation of new 2 -way radio systems and a 2 -3 year preventative maintenance coverage package. Staff have subsequently determined that the other bidders were not able to provide the back up systems specified in the tender and likely is the reason for their decision not to submit bids. A reliable radio system with emergency back up are essential requirements in this tender. November 14, 2011 FINANCIAL IMPLICATIONS The purchase of this radio system can be funded from the 2011 Capital Budget as follows: Municipal Works Cost Budget Vehicle Replacement Program $154,709.53 $898,000 Transit Radio Upgrade Project $65,086.53 $75,000 Authorization from Council to proceed with this purchase is needed as the total cost exceeds the $100,000 spending authority limit. 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 summary Recommended by: Recommended by: Respectfully submitted: Rick Zabor /Geoff Holman /st - 3 - MW- 2011-44 Geoff Holman, Director of Municipal Works f _ Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer Company Total Tendered Price (HST Extra) Form of Tender A - Page FT 1 Municipal Service Centre VHF Mobile Digital Radio System Total Tendered Price (HST Extra) Form of Tender B - Page FT 1 Niagara Falls Transit UHF Mobile Digital Radio System Mobile Business Communications Ltd 24 Mallard Road North York, ON M3B 1S1 No Bid No Bid Mobile Business Communications Inc. 6893 Oakwood Drive, Unit 5 Niagara Falls, ON L2E 6S5 No Bid No Bid Mobile Communication Services 297 Nash Road North Hamilton, ON L8H 7P4 No Bid No Bid Talk Wireless 216 Merritt Street St. Catharines, ON L2T1J6 $154,709.53 $65,086.53 TENDER SUMMARY CITY OF NIAGARA FALLS Niagara alIS REQUEST FOR TENDER T10 -2011 MOBILE DIGITAL RADIO SYSTEMS Form of Tender A - Municipal Service Centre - VHF Mobile Digital Radio System Form of Tender B - Niagara Falls Transit - UHF Mobile Digital Radio System September 29, 2011 TOTAL PRICE EACH PER SECTION (TAXES EXTRA No. of Addenda: 3 The above total tendered prices (HST Extra) as stated from Page FT 1 of Form of Tender A - Municipal Service Centre and from Page FT 1 of Form of Tender B - Niagara Falls Transit. Niagara,Falls 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 MW- 2011 -46 McRae Street Reconstruction Phase 2 Contract 2011- 247 -11 November 14, 2011 1. The contract be awarded to the lowest bidder Demar Construction at the tendered price of $1,327,042.86. MW- 2011 -46 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. McRae Street was improved in 2005 from Stanley Avenue to Heywood Avenue. This project will complete the road reconstruction from Heywood Avenue to Victoria Avenue. It includes the construction of storm sewers that will reduce City wide combined sewer overflows and alleviate basement flooding conditions in the immediate area which has been identified in the City's ongoing sewer separation replacement program. This area has been subject to periodic basement flooding conditions and regular road flooding during intense rainfall events. This project involves the construction of new storm sewers with the replacement of existing watermain and sanitary sewers. The roadworks include complete road reconstruction with construction of new curb and gutters and sidewalks. It is anticipated that this project will be construction through the winter season reducing nuisance complaints and will be completed in early Spring. The Tender Opening Committee, in the presence of the City Clerk Dean lorfida and the Manager of Supply and Services, Ray Miller opened tenders on Tuesday November 8, 2011 at 1:30 p.m. Tender documents were picked up by twelve (12) Contractors and nine (9) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown bold and marked with an asterisk ( *). November 14, 2011 - 2 - MW- 2011 -46 Contractor 1. Demar Construction 2. Provincial Contractors Ltd. 3. V. Gibbons Contracting Ltd. 4. Cotton Inc. 5. Alfidome Construction Ltd. 6. Alfred Beam Excavating Ltd. 7. Centennial Infrastructure Niagara Inc. 8. Peters Excavating Inc. 9. O'Hara Trucking & Excavating ANALYSIS /RATIONALE opyy-� 86 The lowest tender was received from Demar Construction in the amount of $1, 327,98 This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $1,889,020.00. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders work loads. The project is scheduled to be completed within 100 working days of construction start. FINANCIAUSTAFFINGILEGAL IMPLICATIONS The project was included in the approved Municipal Works Capital Budget for 2011 with a budgeted expenditure of $1,739,700.00. This project has been approved by Niagara Region for funding under the CSO Municipal Assistance Program to a maximum of $200,000 CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic priorities: • establish infrastructure priorities • strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Rick Volpini /st Geoff Holman, Director of Municipal Works Ken To Cwt Tender Price Niagara Falls Niagara Falls Stevensville Niagara Falls Niagara Falls Fort Erie Niagara Falls Stevensville St. Catharines $1,327,060.21* $1,372,033.08* $1,395,147.37 $1,428,844.30* $1,494,964.54 $1,497,555.20 $1,589,638.10 $1,623,222.00 $1,656,712.36 d, Chief Administrative Officer Corrected Bid $1,327,042.86 $1,372,013.08 $1,432,294.45 CEDAR ST NORTH ST Attachment A f JEPSON ST N , A / 1 l � -1 d o __ � — ---' ROSEDALE DR l i II G I � \ HOUCK DR 1 > y I I MCRAE ST ---- -� z l a j >� !m l 1 1 ! off �� o RI 1 � f \r) a a ( ' T0 � '"I � m( <t < � Z dal `< < <�` 1 �l a ;�' I t -- I STAMFORD ST KITCHENER ST LORNE ST MORRISON ST vi 7 I I Z -+ v x I C s ROBERTS ST KITCHENER ST Subject Area WILLMOTT ST ARMOURY ST SIMCOE ST K: \GIS_Requests\2011 \Custom \Internal \MunWorks\McRaeSt_Tender.map October 2011 Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND MW- 2011 -47 November 14, 2011 SUBJECT: MW -2011 -47 Consultant Appointment - Engineering Services McLeod Road Reconstruction Project (Pin Oak Dr to Kalar Rd) That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Upper Canada Consultants for the design of the road reconstruction and services for McLeod Road between Kalar Road and Pin Oak Drive for the upset limit of $49,662.00 excluding HST. Municipal Works staff are proceeding with the widening and improvement of McLeod Road between Pin Oak Drive and Kalar Road. The first phase involves the completion of the engineering design which will determine important issues such as property requirements, utility conflicts and project costs. The purpose of this report is to seek authorization to engage the services of the selected consultant to assist staff in this phase of the project. An Environmental Assessment was completed for this section of McLeod Road in 2004. The preferred option was to improve the road to meet the anticipated traffic volumes generated by recent development in the Garner and Warren Woods neighbourhoods. Staff recently completed the procedure to retain Professional Consulting Services for this project which was adopted by Council in 1994. This process is outlined in the Municipal Engineers /Consulting Engineers of Ontario Manual and is also utilized by the Niagara Region and the City of St. Catharines. The RFP process scores the proposals on a point basis for various items such as technical expertise, similar experience, past performance records, work plan and cost factor. Each consultant submits their proposal in two envelopes titled Project Proposal and Cost Estimate Confidential. All proposals are initially reviewed and assessed based on non coss criteria. Subsequently, proposals are further scored incorporating costs. The proposal with the highest score total, which is not necessarily the lowest fee, is recommended for award of the project. Four (4) local consulting firms were requested to submit a proposal to complete the detailed design for this project. The result of the evaluation and the project fees (excluding HST) are as follows; Consultant Location Point Score Upset Fee 1. Upper Canada Consultants St. Catharines, ON 840.0 $49,662.00 2. Urban Environmental Management Niagara Falls, ON 807.4 $53,730.00 3. Delcan Niagara Falls, ON 814.4 $66,840.00 4. AECOM St. Catharines, ON 767.0 $109,435.00 November 14, 2011 ANALYSIS /RATIONALE - 2 - An Environmental Assessment for this road was completed in 2004 which resulted in a preferred design. McLeod Road is classified as a collector roadway and will require improvements to accommodate increased traffic volumes due to development in the local neighbourhoods. Both the Kalar Road /McLeod Road intersection and Pin Oak Drive /McLeod Road intersection are constructed to their ultimate conditions and therefore it is appropriate to design McLeod Road as per the preferred option in the environmental assessment at this time with construction expected in 2013. FINANCIAL/STAFFING /LEGAL IMPLICATIONS The McLeod Road design was included in the 2011 Capital Budget in the amount of $146,030 and the recommended bid price of $49,662.00 is within budgeted costs. The consultant will be required to enter into the City's standard Consultant Services Agreement for the provision of these services. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's Strategic Priorities: • Establish infrastructure priorities • Strengthen and promote economic development within the City LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Rick Volpini/Geoff Holman /st Geoff Holm6n, Director of Municipal Works MW -2011 -47 Ken Todd, Chief Administrative Officer K: \GIS_Requests\ 2011 \Custom\ Internal \MunWorks \McLeodRd_RFp.map September 2011 Niagararalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Delcan to provide the necessary services to complete the environmental assessment process as set out in the Municipal Class Environmental Assessment Document Version October 2000, as amended in 2007, for an upset limit of $39,760.00 excluding HST. EXECUTIVE SUMMARY Staff have invited four (4) local consultants to submit a proposal to complete and Environmental Assessment as set out in the provincial document which culminates with an Environmental Study report that will be available for public review and appeal. This process allows for public involvement through meetings and review of the final report. BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works November 14, 2011 MW- 2011 -48 Consultant Appointment - Municipal Class Environment Assessment Kalar Road (Lundy's Lane to Westwood Street) MW- 2011 -48 As a result of development in the Garner Neighbourhoods area, Kalar Road has required improvements to accommodate the increased traffic volumes. Kalar Road is classified as a collector road with improvements recently constructed from McLeod Road to Rideau Street. Kalar Road from Lundy's Lane to Beaverdams Road is currently in design and expected to progress to construction in 2012. The subject section of Kalar Road will also require improvements and this process will assess the environmental impacts that will result from the proposed improvements. An Environmental Assessment was competed for Kalar Road from McLeod Road to Westwood Street in 2004 and from Lundy's Lane to Beaverdams Road in 2003. Since Kalar Road south of the subject area is already constructed and the section north of the subject area is expected to start construction in 2012, it is imperative that the assessment be completed expeditiously so the process can progress to construction and avoid /minimise the possible restriction that would affect traffic flows. November 14, 2011 FINANCIAL/STAFFING /LEGAL IMPLICATIONS The Kalar Road Environmental Assessment from Westwood Street to Lundy's Lane was included in the 2011 Capital Budget in the amount of $75,000. The recommended price bid of $39,760.00 is within budgeted costs. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's Strategic Priorities: Establish infrastructure priorities Strengthen and promote economic development within the City LIST OF ATTACHMENTS 1. Location Plan Recommended by: Respectfully submitted: Rick Volpini /st - 2 - MW -2011 -48 Geoff Holman, birector of Municipal Works Ken Todd, Chief Administrative Officer s K: \GIS_Req uests \2011 \Custom\ Internal \Mun Works \KalarRd_EA_RFp.map Attachment A Subject Area ^ L _ f r 420 `J I I� t ; ' j r September 2011 Niagaraaalls t , \ , 11 , REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -50 Assumption of Various Subdivisions RECOMMENDATION That the City formally assume the Subdivisions listed in this report. EXECUTIVE SUMMARY MW- 2011 -50 BACKGROUND November 14, 2011 The assumption of these developments will allow the City to formally recognize the developers have met their obligations in the Subdivision Agreement and place it on the regular maintenance schedule. The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions: REGISTRATION PLAN SUBDIVISION 59M -92 59M -297 59M -327 59M -308 59M -314 Calaguiro Estates Subdivision - Phase 2 Vegter Estates Colangelo Estates Brookfield Court and Subdivision Williams Subdivision Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. November 14, 2011 - 2 - MW- 2011 -50 ANALYSIS /RATIONALE The Subdivider's Agreement sets out the developer's responsibilities from services design to construction completion which results in the City's assumption once the maintenance period expires and all deficiencies addressed to the City's satisfaction. FINANCIAL/STAFFING /LEGAL IMPLICATIONS The Subdivider Agreement sets out the Final Assumption criteria as follows: "Final assumption of Subdivision: Final assumption of the Subdivision shall define the date when all of the obligations and securities of the Subdivider for the subdivision are released and all maintenance responsibilities passed on to the City" "Certificate of Assumption: A Certificate of Assumption will be issued by the City after carrying out final maintenance inspection and approval of each Class of Works, including final assumption of the subdivision." The developers have met their responsibilities as set out in their Subdivision Agreements and therefore it is appropriate for the City to formally assume these subdivisions and issue the Certificates of Assumption. The securities for these developments have been returned to the Subdividers as all the works have been completed to the City's satisfaction. CITY'S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Plan of Subdivision to be Assumed 2. Plan of Subdivision to be Assumed 3. Plan of Subdivision to be Assumed 4. Plan of Subdivision to be Assumed 5. Index Map Recommended by: Respectfully submitted: Rick Volpini - Calaguiro Estates - Vegter Estates Subdivsion - Williams South Subdivision - Brookfield Court Subdivision Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer MapID Subdivision 1 Calaguiro Estates Subdivision 2 Colangelo Estates Subdivision Plan No. M092 59M327 October 2011 e - Plan of Subdivision To Be Assumed Map 1 MOUNTAIN RD • '•• • ^^^..^^^~~,—' ^^^^^^^^ —............. _.. .........................—..............................._' �\ ��^� ,,,,..^^^^^^^^^— _,,..^^^^^^^ • �� . � � •° ...^^^^^ ,,,,, J� � ~^— • .^'' .^^^^^^^^^ ..^^^ ° ^ ./~ .................................. ..^^^^^^^^^ ^ �' • •• • � eg e n� ^' • •• ^,�' ,..^^' Su�e� Subd�b� n �^ RaUway OARC � 8{ ,�~--- �� ` � �D . | - / Road Allowance - ~. m | Map Scale 1:5,00d i \ Niagara Ills Plan of Subdivision To Be Assumed Map 2 Legend Subject Subdivision Hydro Line Road Allowance MapID Subdivision Plan No. 3 Vegter Estates Subdivision 59M297 MOUNT OLI A G Map Scale MATTHEWS DR 1:5,000 C9RM 6'4 it GLEN DR �� o! 0 OAKRIDGE GROSSI CRT N October 2011 K: \GIS_Requests\ 2011 \Custom\ Internal \MunWorks\Assumed_Subdiv \map.map %%r N1 a garaJalls Plan of Subdivision To Be Assumed Map 3 4 6, ,e9�«- \�L Q , MapID Subdivision Plan No. 4 Williams South Subdivision 59M314 PARLIAMENT AVE BANTING AVE WEINBRENNER RD N Map Scale 1:5,000 • m rn • • • • • P , p • O c) Subject Subdivision Hydro Line Road Allowance r• October 2011 K: \GIS_Requests\2011 \Custom\ Internal \MunWorks\Assumed_Subdiv \map.map \iagara ally Plan of Subdivision To Be Assumed Map 4 5 Brookfield Court Subdivision 59M308 HIGH 5I 0 0 -n m r m CLARE CRES w J W BARKER ST COACH DR CRESCE4 RD N MCMrttAN DR Map Scale 1:5,000 v 0 7J m m 0 SPENCE ST .. ......... ... ,.... 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''''''` ' International Border - U.S.A. -0 Hydro CP & CN Rail Map Area Subdivision to be Assumed River & Power Canal USA - - ' = K:WIS_Requests \ 2011 \Custom \Internal \MunWorks\Assumed_Subdiv \map.map 1101 et Map 3 October 2011 Niagaraaalls November 14, 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- 81 Gateway Signage for Downtown RECOMMENDATION EXECUTIVE SUMMARY PD- 2011 -81 That Council accept the withdrawal of Lovett Signs to prepare the proposed gateway signage for Downtown and approve the second bidder, Cre 8 It Signs, to prepare the eastern gateway signs and the utilization of one or two of the extra arches for the western gateway at an upset limit of $120,000. Earlier this year, City Council approved Lovett Signs to prepare the new eastern and western gateway signs for Downtown at a cost of $97,000. Although staff was assured that they were able to meet all the City's contract requirements, we were recently advised that they could not satisfy the City's bonding requirement. As a result, an emergency meeting was held with the Downtown Beautification Committee and they recommended that Council approve the sign submitted from the second bidder for the eastern gateway and that there be modifications at the western gateway that will utilize a couple of extra arches that have been manufactured. The original budget for improvements to the gateways was $120,000 and the Committee wishes to obtain approval for the utilization of up to this amount. BACKGROUND It was during this past summer that staff prepared a tender for enhanced signage of the eastern and western gateways. It was the intent that new attractive signage at the gateways would attract more people to travel down Queen Street and visit the various shops and businesses. Lovett Signs was recommended, but only recently did they advise staff that they could not satisfy the City's bonding requirement. An emergency meeting was called of the Downtown Beautification Committee and it was their recommendation that we more forward with the second bidder's proposed signage for the eastern gateway. The Committee further recommended a change to the western gateway that will utilize one or two of the extra arches that were manufactured. ANALYSIS /RATIONALE The Downtown Beautification Committee and the Board of Management are anxious to see improvements to the gateways. The focus on signage for the eastern gateway and utilization of arches at the western gateway is the desire of the Downtown Beautification Committee and BIA. Staff is confident that the improvements will be able to be accomplished within the $120,000 budget. November 14, 2011 - 2 - PD- 2011 -81 FINANCIAL IMPLICATIONS There is sufficient budget to cover the recommended improvements for the eastern and western gateways. CITY'S STRATEGIC COMMITMENT The signage enhancements to the gateways will assist in drawing people into the Downtown and satisfies Council's priority of promoting economic development in the Downtown area. LIST OF ATTACHMENTS ► None. Recommended by: ' t Respectfully submitted: 1- BBolibruck S: \PDR\2011 \PD- 2011 -81, Gateway Signage for Downtown.wpd Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Proposal PD- 2011 -82 Niagarajalls November 14, 2011 SUBJECT: PD- 2011 -82 26T -11- 2006 -02 Modification to a Draft Approved Plan of Subdivision Kalar Road (West Side) Between McLeod Road & Brown Road Owner: Warren Woods Land Corporation (Robert O'Dell) 1. That the Draft Approved Plan of Subdivision be modified subject to the conditions in Appendix 1 attached to this report. 2. That the Mayor or designate be authorized to sign the draft plan as "approved ". 3. That draft approval be given for three months, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the subdivision agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. 5. That Council determine by resolution that the changes to the Draft Approved Plan of Subdivision are minor and that no further public notice is required. The applicant has requested modifications to the Draft Approved Plan of Subdivision to remove Blocks 191, 192 and 198 from the Plan. These changes recognize the acquisition of Blocks 191 and 192 by the City, and will permit Block 198 to merge with lands to the north as originally intended. A resolution of Council is needed to confirm that Council has determined the requested modifications are minor and can be supported without further public notice. The revised Conditions of Draft Plan Approval are listed in Appendix 1 attached to this report. In 2008, Council draft approved a Plan of Subdivision for land on the west side of Kalar Road between McLeod Road and Brown Road (see Schedule 1). This Plan would divide the 17.973 hectare (44.41 acre) parcel into 163 lots for single detached dwellings, 36 lots for semi - detached dwellings, 10 blocks for on- street townhouses (44 units in total), 1 block November 14, 2011 - 2 - PD- 2011 -82 for multiple residential development, 3 blocks for parkland and trails, 2 blocks (Blocks 191 and 192) for the Warren Creek Realignment Project and 1 block (Block 198) to be developed in conjunction with a parcel abutting to the north, fronting on Kalar Road (see Schedule 2). The applicant is requesting changes to the conditions of draft approval to remove Blocks 191, 192 and 198 from the Plan of Subdivision. Surrounding Land Uses The property is bounded by vacant lands (intended for future residential development) and environmental lands to the north, west and south, and by a residential dwelling, vacant land and environmental lands to the east. Planning Process On November 17, 2008, Council draft approved a Plan of Subdivision for the subject lands. This approval was not appealed and became final effective December 18, 2008. The passage of By -law No. 2009 -51 implemented zone changes to facilitate the development of the subdivision. The applicant has been fulfilling the conditions of approval in anticipation of plan registration in December. The applicant is requesting a red line revision to remove Blocks 191, 192 and 198 from the Plan of Subdivision. The parcels identified as Blocks 191 and 192 were acquired by the City earlier this year as part of the Warren Creek Realignment Project and therefore do not require inclusion in the Plan. Originally the intent was to create Block 198 and have this Block merged with the applicant's other land holdings to the north. By leaving this land out of the Plan, the parcel will be created and will automatically merge with the lands to the north provided both parcels are owned by the same party. The applicant's lawyer has provided a letter of undertaking confirming the merger will happen. As the removal of the blocks does not impact on the layout of the subdivision, the requested changes can be supported. The draft plan approval lapses on December 18, 2011. Although it is hoped the Plan of Subdivision can be registered in December, there could be unforseen delays. As such, it is recommended the draft approval be temporarily extended for a period of 3 months. Conditions of Approval The original draft approval contained 51 conditions, including measures to protect the Warren Creek realignment, analysis of any contamination and archaeological potential, the construction of roads, infrastructure and utilities, grading, parkland and trail development, phasing policies and financial obligations. The majority of these conditions have been fulfilled and are indicated as such in the attached Appendix 1. The remaining conditions largely relate to administrative, engineering and financial matters that will be cleared by the City. The changes to the plan require modification or deletion of two conditions in the current list. Condition 1 is modified to reflect the deletion of Blocks 191, 192 and 198. A condition dealing with the merger of Block 198 with lands to the north is no longer applicable due to the elimination of this block and has been deleted. November 14, 2011 - 3 - PD- 2011 -82 Condition 20, respecting parkland dedication, is also proposed to be modified. Currently parkland dedication is to be fulfilled in part by the dedication of 3 blocks of land within the draft plan and in part by the dedication of unspecified lands in future phases of the Warren Woods development. The applicant proposes submitting cash -in -lieu of parkland instead of this future dedication. The provision of cash -in -lieu protects the City's interests better and can be used to purchase parkland in future phases of the Warren Woods development. LIST OF ATTACHMENTS ► Appendix 1 - Conditions of Draft Plan of Subdivision Approval ► Schedule 1 - Location Map ► Schedule 2 - Plan of Subdivision Recommended by: /, ,L /L < cL i1 r K; Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ke Todd, Chief Administrative Officer AB:mb Attach. S: \PDR\2011 \PD- 2011 -82, 26T -11- 2006 -02, Modification to Draft Approval Warren Woods (East) Plan of Subdivision.wpd November 14, 2011 - 4 - PD- 2011 -82 APPENDIX 1 Conditions for Modified Draft Plan Approval NOTE: Conditions indicated in Italics have been fulfilled. No further clearances are required for these conditions. 1. Approval applies to the Warren Woods (East) Draft Plan of Subdivision prepared by Upper Canada Consultants, dated November 7, 2008 and further revised on October 28, 2011, showing 163 lots for single- detached dwellings, 18 lots for semi- detached dwellings, 10 blocks for on- street townhouses, Block 188 for multiple residential use, Block 195 for parkland and Blocks 194 & 196 for open space /walkways. 2. Upon notice of draft approval for this consolidated subdivision plan, the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision (26T -96001 Revised) for the subject land. The existing draft approval for the abutting land to the west shall be maintained under File 26T -96001 Revised but a new design and subdivision application(s) will be required in the future. 3. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 4. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 5. The developer enter into a servicing agreement with the City whereby the developer agrees to front end the construction of the necessary creek channelization and stormwater facilities within the plan as well as on lands beyond the subdivision boundaries in return for a Development Charge credit or repayment by the City as Development Charges are collected. 6. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) pavement construction on Street B, Street E and Street F (9.15 metres), on the laneways (6.0 metres) and on all other roadways (8.0 metres); b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) dedication of a 3.05 metre (10 foot) road widening to the City (Block 189) along the west side of Kalar Road abutting the plan; d) provision of water distribution, sanitary sewer and storm sewer systems; e) weeping tile flow to be directed to the storm sewer by use of sump pumps; f) provision of an overland stormwater flow route; and g) application of the City's Lot Grading and Drainage Policy. November 14, 2011 - 5 - PD- 2011 -82 7. The developer dedicate daylighting triangles to the City as follows: Kalar Road /Street E, Kalar Road /Street F, Street B /Street D, Street B /Street E and Street B /Street F - 7 metre legs; all other intersections - 5 metre legs. 8. The construction of dwellings in the plan shall proceed in phases to the satisfaction of the City depending on servicing availability and a second permanent road access. The first phase shall generally be the south portion of the plan. 9. The developer construct and maintain a temporary emergency access from the south portion of the plan to the north connecting with Kalar Road to the City's satisfaction. The potential alignment would be along the northerly continuation of either Street A or Street B to Street F (the developer is responsible for all permit approvals from the Niagara Peninsula Conservation Authority for a crossing of the existing northwest branch of Warren Creek). The access shall be required at least until there is a second permanent road access from Kalar Road or McLeod Road to the subdivision. 10. The developer construct temporary tumaround areas to the City's satisfaction at the limit of any dead -end streets in the plan phases to accommodate emergency vehicles and waste collection trucks. 11. The developer construct sidewalks to City standards as follows: Street B, Street E and Street F - both sides; Street A - east and southeast sides; Street C - east side; Street D - interior side (south, east and north); Street J - one side; and Kalar Road - west side. 12. The developer dedicate 0.3 metre reserves to the City at the north and south limit of Street B (Blocks 193 & 197) and along the west side of Kalar Road including daylighting triangles (Blocks 190, 199, 200 & 201). 13. The developer incorporate traffic calming (including measures at pedestrian connections to the park and trail system) and parking restrictions into the roadway design to the satisfaction of the City. 14. The developer submit servicing plans showing road widths /curb radii and the design details for the emergency access to Fire Services for review and approval. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication November 14, 2011 - 6 - PD- 2011 -82 infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum , the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 20. The developer dedicate Blocks 194, 195 & 196 to the City as part of the 5% parkland requirement for the plan and develop the parkland at their cost based on plans approved by the City. The shortfall of the 5% parkland dedication amount shall be addressed through payment of cash -in -lieu of parkland. 21. The developer provide fencing to the City's satisfaction along the boundaries of all land to be publicly owned. 22. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation & Culture illustrating the streetscape treatment along Kalar Road. 23. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park and open space /walkway blocks. 24. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 25. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all lots comply with the Zoning By -law. 26. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 27. The detailed design drawings forthe water, sanitary sewerand stormwaterdrainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). November 14, 2011 - 7 - PD- 2011 -82 28. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. (Note: Any new storm sewer outlet to a creek or stormwater management scheme designed for quantity control /quality improvement will require direct approval from the Ministry of Environment, Toronto). 29. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 30. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. 31. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991: a) detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 32. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 32. 33. An Environmental Impact Study, if necessary, be prepared by a qualified environmental consultant to address potential impacts on natural heritage features and functions with recommendations for mitigation to be implemented in the subdivision agreement between the developer and the City of Niagara Falls. November 14, 2011 - 8 - PD- 2011 -82 34. A study be prepared, if necessary, to address potential impacts from the abutting scrap yard to the north and adjacent lands designated Industrial in the Niagara Falls Official Plan to determine appropriate separation distances and mitigation measures necessary to maintain compatibility between industrial activities and proposed residential uses in accordance with Ministry of Environment criteria to the satisfaction of the Regional Planning and Development Department. 35. An environmental site assessment be prepared by a qualified person in accordance with Ontario Regulation 153/04 of the Environmental Protection Act. If a Phase 2 Environmental Site Assessment (ESA) is recommended to analyze soil conditions with any site remediation or confirmatory sampling undertaken, a Record of Site Condition (RSC) shall also be filed on the Ministry of Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 with a copy of the Ministry's written acknowledgement of the RSC provided to the Regional Planning and Development Department and the City of Niagara Falls. 36. An archaeological assessment be conducted of the development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture, through the Regional Planning and Development Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. (Note: A copy of the archaeological assessment report(s) is to be submitted to the Regional Planning and Development Department for information). 37. The draft plan shall conform to the final approved Warren Creek Environmental Assessment. Any revisions required to conform to the EA shall be completed to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). 38. Creek Blocks 191 & 192 shall be zoned and designated accordingly to recognize the flood hazard and the environmentally sensitive nature of the watercourse, all to the satisfaction of the NPCA. 39. The Subdivision Agreement between the City and the developer contains provisions to require the construction of the proposed stormwatermanagement facility (outside of the draft plan) be constructed prior to registration of the subdivision. 40. Prior to any development of the lands, the Kalar Road and Brown Road culverts be upgraded in order to convey the future uncontrolled flows from the draft plan area and surrounding lands as required by the NPCA. Permits shall be obtained from the NPCA prior to the reconstruction of these culverts. 41. The developer prepare detailed sedimentation and erosion control plans for review and approval of the NPCA. All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter Warren Creek. November 14, 2011 - 9 - PD- 2011 -82 42. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 43. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, (as amended). 44. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 45. The developer provide a detailed Environmental Impact Study, if required, to evaluate the impact of development on Lots 12 to 29 (Inclusive) in relation to the adjacent Warren Creek, including any recommended mitigation measures, to the satisfaction of the NPCA. 46. The developer provide a scoped Environmental Impact Study to evaluate the impact of the proposed Street E crossing with culvert over Warren Creek, including any recommended mitigative measures to the satisfaction of the NPCA. 47. The developer shall obtain any required permits from the NPCA/DFO for any storm outlets or works within Warren Creek. 48. Conditions 38 to 48 (Inclusive) be implemented through the approved Subdivision Agreement to the satisfaction of the NPCA. 49. The developer satisfy all requirements of Hydro One with respect to the abutting hydro property /corridor to the south. 50. The following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blocks, and in any leases: "Cytec Canada Inc. ( "Cytec ") owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and /or intensifying its operations. Cytec may also erect and /or construct and operate facilities for any of the uses permitted in the City's Zoning By -law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and /or assigns in title to Cytec." November 14, 2011 Clearance of Conditions -10 - PD- 2011 -82 Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions indicating that their respective conditions have been satisfied. November 14, 2011 SCHEDULE 1 PD-2011-82 Schedule 1 Proposed Modification to a Draft Approved Plan of Subdivision Warren Woods (East) 26T-11-2006-02 rr RD : - ',BROWN:RD., ; Subject Land W.:GA _ Location Map C.) z November 14, 2011 - 12 - SCHEDULE 2 PD-2011-82 t ISLE ,.,:. Of i ,.., , 44441 :' '' n [ . . .., e 4 ol , , ...,. .... - 4irk..,,, ' , tzl . • , . _, . , . . :.. '', 1 -' ...;' , , .ii.: . . . • , • , "...../ 1...:, . , ... • , ) i ,..M '' • 1 42 . , t„.. 12f - - - - '' 1 , l 6V • ., : • r;--e I v., 444 ■ ' -4 11 . . , ...- 241 1421 '■ 1 I 42 - e '4 DRAFT PLAN OF S143DIVISION WARREN WOODS E S Tzkrf E S 4 2/4114 ._: ' . . . -0,404 A 4 A 1 A 4 4 !. 4 2 4 I 't 4 1 , . 1 4." " ' 4 ' 44 i 43 114 rrrr r rr 4' ■ le:41,4, t. > , 4 I - 7 - 77 7 .3NT '4' - - '-'--- 7-7 c , ' ' • I -- . - 21111662 1 1 142 1 111 , : t 373 .3 .:211447: 4 1 , ■ 134 i 152 ' 1 ..., . ...- "•—"' 444 i __. .: ' , . - p• ' • _ ....._ , i 8.4 2 ' ' t , C Lo , . ' 1 12 t E 4.4 i' r- , , \ ' - 1 ,„,..„ - ' . . . I . . 1 ._ ,r 1,re: ■ ., . .. '3 ■ 1 ; . , i 1 C. 1 746107 11' • 760 160 F Si 32 "- 34 ' 35 I --6 37 , 30 ' 88 , ' i ' i ' CETI OF MAGAL).1 FALLS 148 • • 31:06r4 11774616 444 1 . 1 • i 67 , " 1 ' ' - 03.75277 03 11473417 142 :77.11227 44 NiagaraJnlls REPORT TO: SUBMITTED BY: SUBJECT: BACKGROUND Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -27 Fraser Street Parking Control Review TS- 2011 -27 November 14, 2011 RECOMMENDATION That this report be received for information of the Committee. EXECUTIVE SUMMARY The existing parking restriction on the south side of Fraser Street ensures emergency access while allowing area residents to park their vehicles on the north side of the street. City Staff carried out a parking review on Fraser Street in the autumn of 2010 in response to a petition submitted by area residents. The parking concern on Fraser Street stemmed from overflow vehicles from area businesses parking on both sides of the roadway and restricting emergency access. Results obtained from a parking petition revealed that the majority of those responding preferred that some form of a parking restriction be established on Fraser Street. However, the owner of the House of Comedy expressed concerns with restricting parking on Fraser Street because employees and patrons utilize the north side of the roadway adjacent to the club when the parking lot is full. In January, the Committee approved a parking restriction on the south side of Fraser Street, and for staff to assist the Comedy Club with their parking needs, and to report back to City Council after a 6 -month period. Staff me with the Comedy Club owner on April 12. Mr. Giglioti stated he was satisfied with the recently implemented parking restriction on the south side since parking was still available on the north side. It was identified that the majority of parking on the street related to patrons attending the club occurred in the evening with all departed by 10:30 - 11:OOpm. Several options were discussed with respect to additional parking availability. • Overflow parking could be accommodated across the road in the park. This was not considered suitable as pedestrians would have to cross Stanley Avenue during night time conditions. • shared parking arrangements be made with the Project Share plaza to allow for staff November 14, 2011 parking. This was not considered suitable as there was concern regarding employee safety during night time conditions. expansion of the Comedy Club parking lot. This was not considered suitable as it was a financial hardship. Since the parking restriction was implemented in February, Transportation staff have not received any negative feedback with respect to the restriction, the parking availability on the north side and its periodic use by Comedy Club patrons or others. Furthermore, the restriction on the one side suffices in ensuring adequate access by emergency vehicles to the homes and businesses located within the cul -de -sac. Therefore, there is no rationale in further modifications to the parking on Fraser Street. ANALYSIS /RATIONALE Technical observations that were carried out on Fraser Street after the parking restriction was installed on the south side did not reveal any parking concerns. Adequate emergency access can be maintained on Fraser Street when vehicles are parked on the north side only. The owner of the Comedy Club identified that the current parking control on Fraser Street is satisfactory to the needs of employees and patrons of the club. When the parking lot of the Comedy Club is full, customers still have the opportunity to park their vehicle on the north side of Fraser Street. This only takes place during the evening hours on days when the club is open for business. Since the implementation of the parking restriction on the south side of Fraser Street, there have not been any parking concerns received from the area residents. FINANCIAL /STAFFING /LEGAL IMPLICATIONS There is no cost associated with the above recommendation. 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: -2- TS- 2011 -27 Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Tim Burshtein S: \General Administration \GA 1.01 Reports \2011 Counci1\11 Nov 14 \TS- 2011 -27 Fraser Street - Parking Control Review.wpd anuanv elut) t, ,.' . , ' , 1 , , ,, ti,` ,4.4 1;64'4. ea^ =" ' :, ,,,,- • ,,,„ tat ' .. , v ,' . ., tr,7 .,"':":; , C, ' '; , . - 111"'1:76;41:41tarlt,* ,4,0" , „ ,, - ,,,,,, , , %1114110 ,, NiagaraFg11s REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That a Loading Zone, for commercial vehicles be established on the east side of Fallsview Boulevard from a point 25 m north of Dixon Street to a point 35 m north of Dixon Street between the hours of 6:00 a.m. - 9:00 a.m. daily. EXECUTIVE SUMMARY The established commercial vehicle loading zone will assist in deliveries for the businesses adjacent Fallsview Boulevard, particularly the businesses located on the ground level within the Fallsview Casino parking garage complex. The loading area will be in effect for a limited time period during the off -peak hours of 6am -9am, daily. BACKGROUND ANALYSIS /RATIONALE Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -42 Fallsview Boulevard Loading /Unloading Zone TS- 2011 -42 November 14, 2011 A request has been received to aid in facilitating deliveries to the Fallsview Market variety store located on the ground floor of the Fallsview Casino parking garage on the east side of Fallsview Boulevard. Four businesses were noted to be operating within this complex and it appeared that there was availability for an additional two businesses. Although the Fallsview Casino has on its site loading /unloading facilities, it has been identified that the location is not suitable for these businesses as their sole access is via Fallsview Boulevard. A review of the area indicates that the request may be accommodated by establishing a loading zone on Fallsview Boulevard adjacent the complex. The loading zone would be established centrally to allow accessibility for all the businesses, and be located midway between the signalized casino entrance and Dixon Street. The proposed off -peak hours loading zone is not expected to adversely affect traffic movements. During the remainder of the day the area will remain subject to a "no stopping ", tow away zone restriction. November 14, 2011 2 TS- 2011 -42 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the parking signs is carried out by Transportation Services staff. The labour and material costs are accounted for in the Approved 2011 General Purposes Budget. The estimate for the manufacturing and installation of the signs is approximately $200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority to promote economic vitality. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer LAO HILTON HOTEL SHERATON FOUR POINTS FALLSVIEW CASINO PROPOSED LOADING ZONE ■ ■ ■ ■ ■■I Loading /Unloading Zone 6:00 a.m. to 9:00 a.m. No Stopping, Except 6:00 a.m. to 9:00 a.m Tow Away Zone TS- 2011 -42 Fallsview Boulevard Loading Zone NORTH NOT IO SCALE No Stopping, Tow Away Zone NiagaraJglIs REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATIONS 1) That the two hour free parking zone be enforced on Bridge Street between Erie Avenue and River Road on a regular basis. 2) That monthly parking rates be phased -in over the first six months to those who currently utilize Bridge Street to park all day. EXECUTIVE SUMMARY In October 2000, City Council approved the establishment of 2 -hour, no re- parking within five hour limit zones, on all side streets and on the north side of Bridge Street in the downtown. In February 2001, City Council approved the Parking and Traffic Committee endorsed recommendation to allow free parking (non- enforcement of 2 -hour zone) along the north side of Bridge Street, opposite the Canada Border Services building, for a trial period of six months, based on a request from Canada Border Services. Canada Border Services (formally Canada Customs /CanPass) offices are located on the southwest corner of Bridge Street and Zimmerman Avenue and were directly impacted by the 2 -hour parking limit. The practice of non - enforcement of the 2 -hour zone has been carried out since then. Over the past three years, with the arrival of the summer GO train service, the impact of taxi stands, GO bus and Falls Shuttle allocations have all had an impact on the availability of parking on the north side of Bridge Street in the area. Subsequently, Staff has been requested by area businesses to review the matter and reinitiate enforcement of the 2 -hour zone in order to ensure that parking is available for their patrons. Understanding that this will impact those who currently utilize this area as all day free parking, Staff is recommending a reduced permit rate, for a six month period, in the area Municipal Parking Lots. Two Municipal parking lots are within reasonable walking distance of the businesses along Bridge Street. BACKGROUND Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2011 -44 Bridge Street - 2 -Hour Parking Time Limit Zone Review of Parking Enforcement TS- 2011 -44 November 14, 2011 In October 2000, City Council approved the establishment of 2 -hour, no re- parking within 5 -hour limit zones, on all side streets and on the north side of Bridge Street in the downtown as part of the downtown district. In February 2001, Canada Border Services November 14, 2011 2 TS- 2011 -44 requested that the 2 -hour time limit on the north side of Bridge Street be removed and the area become free unrestricted parking. The Municipal Parking & Traffic Committee reviewed the request and proposed to Council a six (6) month non enforcement trial period to be implemented to determine impact on the area but maintain the signs currently in place. Council approved the trial period and staff was requested not to enforce the area as well as track usage of the location by both Canada Border Services and impact on local businesses. As the area showed little impact on the use of long term parking occupancy, the non - enforcement of the area was maintained until today. Due to an increased volume of activity in this area with the establishment of the Go Train Services, Go Bus and Falls Shuttle services, the demand for available parking spaces along Bridge Street has increased. In 2009 there was an implementation of secondary taxi zones along the north side of Bridge Street which also limited the capacity for on street parking. This has initiated complaints regarding available parking for the local business in this area. Staff has reevaluated the matter of enforcing the 2 -hour time limit to provide the necessary turnover of parking spaces for area businesses. Studies of the area in 2002 and in 2011 showed that vehicles parking and remaining parked on the north side of Bridge Street are monopolizing approximately 80% of the parking spaces during peak business hours of 8 a.m. to 4 p.m. daily. It has been determined that vehicles occupying the north side of Bridge Street are predominately employees of Canada Border Services located on the corner southwest of Bridge Street and Zimmerman Street. The Border Services property has less than twenty off street parking spaces therefore staff is required to find alternate parking options. City staff recommend that Municipal Lot # 1 or Municipal Lot # 2 be recommended to those looking for parking options and provide a reduced incentive rate of $15.00 plus H.S.T. per month, for the first six (6) months and then revert to the regular rate of $25/$30 after the six -month time period. Municipal Lot #1 is fully leased out by another customer however, currently under utilized. The overselling of the lot would provide immediate alternate parking opportunities for Canada Border Services within a very short distance from their place of work without impact on existing revenue streams. ANALYSIS /RATIONALE Implementing the enforcement of the 2 -hour time limit would provide parking for the local businesses currently frustrated with existing parking practices in the area. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Enforcement of the 2 -hour time limit would provide a new stream of revenue by tickets as well revenue from permits being sold to employees of the area looking for suitable long term off street parking options. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority to continue the Parking Operations user pay philosophy. November 14, 2011 3 TS- 2011 -44 LIST OF ATTACHMENTS Study Area drawing Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer P42. p N c 0 N E J 0 E � eu co L o 4- D O W 2 0) N .� r a) g > F— 00 CC fZ CLI CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 2 - Definitions of By -law No. 79 -200 is amended as follows: (a) by adding the following sections and By -law No. 79 -200 is renumbered accordingly: "2.5.1 ANIMAL CLINIC means a building or structure or part thereof under the control and supervision of a qualified veterinarian who is a member of the Ontario Veterinarian Association, where animals or birds are given treatment but has no outdoor kennels; 2.15.1 CONSERVATION USE means the use of land and/or water for the purpose of planned management of natural resources; 2.15.2 CONVENIENCE STORE means an establishment where prepared food, groceries, household items, tobacco, patent medicines, periodicals and other similar items are kept for retail sale to the public and may include automated banking machines, depots for laundry and dry cleaning and media rental; 2.64.1 WORKS OF A CONSERVATION AUTHORITY means projects undertaken by a Conservation Authority to protect or enhance areas under their control;" (b) by deleting section 2.44 and replacing it with the following: "2.44 PRIVATE GARAGE means a detached accessory building or part of a main building designed or used for parking or storage of vehicles of the occupants of the dwelling and in which no repair or service is rendered for profit or gain;" and (c) by deleting section 2.62. 2. Clause (b) of section 3.1 of By -law No. 79 -200 is amended by adding the following: "Residential Single Family 1F Density Zone R 1 F Environmental Protection Area Zone EPA" 3. Sections 3.3.1, 5.2, 5.5 and 5.10 and clause (g) of section 4.13 of By -law No. 79 -200 are amended by adding "R 1 F" after "R 1 E ". 4. Section 4.6 of By -law No. 79 -200 is deleted and replaced by the following: - 2 - RESTORATION OF NON - CONFORMING BUILDING: Nothing in this By -law shall apply to prevent the strengthening, restoration to a safe condition or rebuilding of any building or structure or part thereof which at the day of the passing of this By -law was lawfully used for a purpose prohibited by this By -law, provided that such strengthening, restoration or rebuilding will not increase the exterior dimensions or floor area of the original building or structure." 5. Section 4.10 and clause (h) of sections 4.14, 4.17.1 and 4.18 of By -law No. 79 -200 are deleted. 6. Section 4.16 of By -law No. 79 -200 is deleted and replaced by the following: ``4.16 SCREENING DEVICE: No person shall use, for any non - residential purpose, any lot which has any side lot line of an interior lot or any rear lot line that abuts land in a residential zone unless they erect and maintain a close -board type fence or decorative wall with a minimum height of 1.8 metres abutting the side lot line and the rear lot line, save and except where the lot line abuts the front yard of a residentially zoned lot." 7 Clause (a) of section 4.19.1 of By -law No. 79 -200 is amended by deleting the following: "Plant, factory, warehouse and transportation terminal Retail establishment, adult store tattoo studio, dancing studio, Laundromat and personal service shop up to and including a gross leasable floor area of 450 square metres Retail establishment, adult store, tattoo studio, dancing studio, exceeding gross leasable floor area of 450 square metres And adding the following: "Plant, factory. warehouse and transportation terminal Retail store, adult store, tattoo studio, dancing studio, laundromat and personal service shop up to and including a gross leasable floor area of 450 square metres 1 parking space for each 90 square metres of floor area and for each 4 employees, whichever is greater 1 parking space for each 25 square metres of gross leasable floor area 1 parking space for each 18 square metres of gross leasable floor area on the main sales floor plus 1 parking space for each 45 square metres of gross leasable floor area on every other floor" 1 parking space for each 90 square metres of floor area 1 parking space for each 25 square metres of gross leasable floor area plus 1 parking space for each 90 square metres of floor area devoted to storage Retail establishment, adult store tattoo studio and dancing studio, exceeding a gross leasable floor area of 450 square metres "5.9 - 3 - 8. Section 4.19.3 of By -law No. 79 -200 is amended by adding the following clause and By -law No. 79 -200 is renumbered accordingly: "(b) Within the R1F Zone the following shall apply: (i) Maximum lot area which can 25% be used as a surface parking area (iii) Maximum area of a rear yard 40 square metres which can be used as a parking area 1 parking space for each 25 square metres of gross leasable floor area on the main sales floor plus 1 parking space for each 45 square metres of gross leasable floor area on every other floor and 1 parking space for each 90 square metres of floor area devoted to storage" (ii) Maximum width of driveway 55% of the lot frontage or parking area in the front yard of a lot (iv) Maximum area of an exterior 67% of the yard up to a maximum of side yard which can be used 50 square metres as a parking area (v) Notwithstanding section 2.61.1 of this By -law, no person shall park or store a motor home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or a trailer in the front yard, side yard or exterior yard of a lot." Clause (c) of section 4.19.3 of By -law No. 79 -200 is deleted and replaced by the following: "(c) Within the I Zone, no person shall use more than 33% of the area of the front yard of any lot for parking areas and driveways." 10. Section 5.9 of By -law No. 79 -200 is deleted and replaced by the following: SPECIAL PROVISIONS FOR A GROUP HOME TYPE 1: Any building used for the purpose of a group home type 1 shall comply with all the regulations which apply to the zone in which such group home type 1 is located." 11. Clause (e) of sections 7.1.2, 7.2.2, 7.3.2, 7.4.2, 7.5.2 and 7.7.2 of By -law No. 79 -200 is deleted and replaced by the following: - 4 - "(e) Minimum interior side yard width, 1.2 metres" subject to the provisions of clause a of section 5.1 12. Clause (i) of sections 7.1.2, 7.2.2, 7.3.2, 7.4.2, 7.5.2, 7.7.2, 7.8.2 and 7.9.2 of By -law No. 79- 200 is deleted. 13. The following sections are added after section 7.5.2 of By -law No. 79 -200 and By -law No. 79 -200 is renumbered accordingly: "7.6 RESIDENTIAL SINGLE FAMILY 1F DENSITY ZONE (Rl F ZONE). 7.6.1 PERMITTED USES: No person shall within any RI F Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A one family detached dwelling (b) A home occupation in a one family detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 (d) A group home type 1 7.6.2 REGULATIONS: No person shall within any R1F Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area 320 square metres (b) Minimum lot frontage (i) for an interior lot 10 metres (ii) for a corner lot 12 metres (c) Minimum front yard depth (i) for a one family 3 metres detached dwelling (ii) for a private garage 6 metres with driveway access from the front yard (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 - 5 - (e) Minimum interior side yard 0.9 metres width, subject to the provisions of clause a of section 5.1 (f) Minimum exterior side yard width (i) for a one family 3 metres detached dwelling (ii) for a private garage 6 metres with driveway access from the exterior side yard (g) Maximum lot coverage 45% (h) Maximum height of building 10 metres subject to section 4.7 or structure (i) Maximum number of one 1 only family detached dwellings on one lot (j) Parking and access in accordance with section 4.19.1 requirements (k) Accessory buildings and in accordance with sections 4.13 and accessory structures 4.14 (1) Minimum landscaped open 30% of the lot area" space 14. Clause (e) of section 7.8.2 of By -law No. 79 -200 is deleted and replaced by the following: - (i) for a one family detached dwelling, a semi - detached dwelling or a duplex dwelling, subject to the provisions of clauses a and b of section 5.1 (ii) for an on street townhouse dwelling, a triplex dwelling or a quadruplex dwelling 1.2 metres 3 metres" 15. The following section is added after section 8.6.4 of By -law No. 79 -200 and By -law No. 79- 200 is renumbered accordingly: - 6 - "8.6.5 REGULATIONS FOR GASOLINE BARS: The regulations in section 8.6.2 shall not apply to gasoline bars but all of the regulations in section 8.9.3 for gasoline bars in AS Zones shall also apply to gasoline bars in TC Zones." 16. Section 8.9.1 of By -law No. 79 -200 is amended by adding the following clause: "(a) Convenience store accessory to an automobile service station or gas bar" 17. Section 8.9.2 of By -law No. 79 -200 is amended by adding the following clause: "(m) Maximum floor area of a convenience 200 square metres" store 18. Section 8.9.3 of By -law No. 79 -200 is amended by adding the following clause: ._( ) Maximum floor area of a convenience 200 square metres" store 19. Clause (j) of sections 11.1.2 and 11.2.2 of By -law No. 79 -200 is deleted and replaced by the following: "(j) Minimum landscaped open space (i) for an interior lot 67% of the required front yard (ii) for a corner lot 67% of the required front yard and 67% of the required exterior side yard" 20. Section 12.2 of By -law No. 79 -200 is amended by adding the following clauses: "(j) Maximum height of a one family 10 metres detached dwelling (k) Accessory buildings and accessory structures to a one family detached dwelling in accordance with sections 4.13 and 4.14" 21. The following section is added after section 18.2 of By -law No. 79 -200 and By -law No. 79- 200 is renumbered accordingly: "19 ENVIRONMENTAL PROTECTION AREA ZONE (EPA ZONE). 19.1 PERMITTED USES: No person shall within any EPA Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) conservation use (b) existing agricultural use Passed this fourteenth day of November, 2011. First Reading: Second Reading: Third Reading: ABrvce:mb S:AZONING\AMS201 I \ By-laws \Byam007.wpd November 14, 2011 November 14, 2011 November 14, 2011 -7 (c) wildlife management (d) works of a Conservation Authority 19.2 REGULATIONS: No person shall within any EPA Zone use any land or erect or use any building or structure except in accordance with the following regulation: (a) Buildings and structures No buildings or structures are permitted unless for flood control purposes in accordance with the regulations of the Conservation Authority having jurisdiction or appropriate government agency. Docks and boat ramps will be allowed subject to the approval of the Conservation Authority and /or appropriate government agencies." DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law No. 79 -200, to introduce regulatory provisions for drive - through facilities. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 2 - Definitions of By -law No. 79 -200 is amended by adding the following thereto: '`2.16.1 DRIVE - THROUGH FACILITY means an establishment that is accessory to a restaurant, retail store or financial institution where products or services are dispensed by an attendant or an automated machine, to persons who remain in vehicles that are in a designated queuing lane." 2. Clause (a) of section 4.19.1 of By -law No. 79 -200 is amended by adding the following thereto: "A drive - through facility accessory to a restaurant or retail store A drive - through facility accessory to a financial institution 3. Section 4 - General Provisions of By -law No. 79 -200 is amended by adding the following thereto: "4.34 DRIVE - THROUGH FACILITIES: A drive - through facility is permitted in a GC Zone, a SC Zone, a TC Zone and an AS Zone and shall be separated from the boundary of a residential zone by a minimum distance of 10 metres. measured from the nearest point along the queuing lane next to the speaker box." Passed this fourteenth day of November, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 14, 2011 November 14, 2011 November 14, 2011 AB:mb U:A By-Laws `2011 By- LawsVI 1 1 1 14 \ Byam007b.wpd 12 spaces in a queuing lane, measured from where products are dispensed, each with a minimum length of 6 metres and a minimum width of 2.75 metres 3 spaces in a queuing lane, measured from where services are dispensed, each with a minimum length of 6 metres and a minimum width of 2.75 metres" CITY OF NIAGARA FALLS By -law No. 2011- A by -law to amend By -law No. 79 -200, to facilitate the redevelopment of a gas bar with car wash facilities and a convenience store and expand the range of permitted uses on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) Automobile service station (b) Bake shop (c) Bank, trust company, credit union, currency exchange (d) Beer, wine or liquor store (e) Car rental establishment, truck rental establishment (f) Car wash (g) Convenience store (h) Gasoline bar (i) Office (j) Personal service shop (k) Restaurant (1) Retail store (m) Service shop -2- (n) Sightseeing tours establishment, sightseeing tourist information centre (o) Used car lot 5. The regulations governing the permitted uses shall be: (a) Minimum setback for a pump island 4.5 metres from the northerly property line (b) Maximum height of a bar canopy 5.5 metres (c) Minimum number of parking spaces for 2 spaces in line per bay a manual car wash (d) The balance of regulations specified for an AS use 6. For the purposes of this by -law "convenience store" means an establishment where prepared food, groceries, household items, tobacco, patent medicines, periodicals and other similar items are kept for retail sale to the public and may include automated banking machines, depots for laundry and dry cleaning and media rental. 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by -law shall be shown on Sheet B3 of Schedule "A" of By -law No. 79- 200 by numbering the Lands 948. 11. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.948 Refer to By -law No. 2011 - Passed this fourteenth day of November, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: S: \ZONING\AMS\201 I \By- laws\Byam008. wpd November 14, 2011 November 14, 2011 November 14, 2011 SCHEDULE 1 TO BY -LAW No. 2011- Subject Land 107.67m I0 84 47.94m / 52.13m THOROLD STONE RD Amending Zoning By -law No. 79 -200 Description: Pcl 1 -1 Sec 59 -147; Pt Lt 1 PI 147 Niagara Falls; Pt Twp Lt 71 Stamford Pt 1, 59R7555; Niagara Falls Pt Lt 1 PI 147 Stamford; Pt Lt 2 PI 147 Stamford As In R0692170; Niagara Falls Applicant: Gales Gas Bar Limited Assessment #: 272510000305800 K:\GIS_Requests\2011\Schedule\ZoningAM\AM-08\mapping.map N s 1: NTS AM- 2011 -008 October 2011 A by -law to authorize the execution of an Agreement with Dr. Ghazanfar Ahmed dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated October 1, 2011 and made between The Corporation of the City of Niagara Falls as City and Dr. Ghazanfar Ahmed as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City, as attached hereto, is hereby approved and authorized. 2. The Mayor 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 fourteenth day of November, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 14, 2011. November 14, 2011. November 14, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - THIS AGREEMENT entered into on the 1st day of October 2011. BETWEEN: DESCRIPTION OF INCENTIVES THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation incorporated under the laws of the Province of Ontario (hereinafter called the "City ") - and - GHAZANFAR AHMED (hereinafter called the "Physician ") OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal Act, 2001 (Ontario), and the regulations thereunder; AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task Force (the "Task Force ") is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City; AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians demonstrating a commitment to practicing medicine in the City of Niagara Falls; AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the City; AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: 1. Subject to the terms and conditions herein, the City agrees to provide certain incentives to the licenced Physician in anticipation of the Physician establishing a full time family medical practice in the City of Niagara Falls, and in no event later than October 15, 2011. -2- Forthe purposes of this Agreement, the incentives ( "Incentives ") shall include the following: (a) the cost of reasonable moving expenses up to a maximum value of fifteen thousand dollars in Canadian funds ($15,000.00) (b) office and examination room(s) furnishings to be located at 5662 Main Street, Niagara Falls, Ontario, up to a value of Fifty Thousand Dollars ($50,000.00). REPAYMENT OF INCENTIVES 3. The Incentives listed in subsection 2(b) above shall be left in the office and examination rooms on the Physician's departure from the practice in the City of Niagara Falls and the Incentives listed in subsection 2 (a) above shall be repaid by the Physician to City on the following terms: (1) If the Physician engages in the practice of medicine in the City by October 15, 2011, and continues to do so for a period of at least five (5) years following the commencement of such practice, the Physician shall not be required to repay any of the Incentives contemplated by this Agreement. (2) If, however, the Physician does not maintain or regularly or actively engage in the practice of medicine in the City by October 15, 2011, and for the duration of the times set out in subsection 3(1) above, the Physician shall be required to repay the Incentives set out in subsection 2 (a) above on a prorated basis, forthwith upon demand for such repayment being made, in writing, by the City. (3) Any amounts that may be required to be repaid by the Physician to the City under subsection 3(2) above, shall accrue interest as of the date that the funds were advanced, compounded annually at 3.5% per annum, and shall be due and payable upon the date that a written demand for repayment of the amounts set out in subsection 3(1) above is made by the City. (4) Notwithstanding anything contained in section 3, in the event the Physician elects to continue practice at another location in the City of Niagara Falls, Ontario, the Physician may transfer the furnishings described in this Agreement to that location, provided always that the Physician must practice medicine in the City of Niagara Falls for a period of at least five (5) years following commencement of practicing medicine and provided always that the furnishings shall forever remain the property of the City of Niagara Falls. NOTICE (1) to the City at: (2) to the Physician at: -3- NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY 4. The Physician agrees to provide the City with no less than three (3) months working notice of his intention to cease carrying on the practice of medicine in the City. Such notice shall be in writing and shall be delivered to the City in accordance with the Notice Provisions of this Agreement. SOURCE OF FUNDING FOR INCENTIVES 5. The monies required to fund the Incentives shall be provided 100% from the City, and shall be paid by the City to the Physician at such times as are required by this Agreement. REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN 6. The Physician hereby acknowledges that the City is relying on the following representations and warranties that he has made in connection with this Agreement and which representations and warranties form the basis for the City entering into such an Agreement with the Physician: (1) The Physician is a member in good standing with the College of Physicians and Surgeons of Ontario. (2) The Physician has not accepted any other Incentives of a similar nature to those referenced by or set out in this Agreement, from any other party, and has not committed himself to practice medicine on a full time basis in any area outside of the City. 7. All notices, requests, demands or other communication required or permitted by the terms of this Agreement to be given by one party to another, shall be given in writing, by personal delivery or by registered mail, with all postage being prepaid, such notice being addressed or delivered to the other party as follows: The Corporation of the City of Niagara Falls Attention: Niagara Falls Health Professional Recruitment and Retention Task Force 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Dr. Ghazanfar Ahmed 5662 Main Street Niagara Falls ON L2G 5Z4 GENERAL -4- or at such other address as may be given by either of them to the other in writing from time to time and such notices, requests, demands or other communications shall be deemed to have been received when delivered, or, if mailed, forty -eight (48) hours after 12:01 a.m. on the day following the day of the mailing, except that in the event of an interruption in regular mail by strike or other irregularity, any notice, request, demand or other communication sent by regular mail shall be deemed to have been received forty -eight (48) hours after 12:01 a.m. on the day following the resumption of normal mail service. 8. This Agreement shall be governed by the laws of Canada to the extent that they apply and by the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 9. This Agreement shall constitute the entire Agreement between the parties with respect to all of the matters herein, and this Agreement shall not be amended except by a memorandum in writing, consented to and signed by all of the parties and any attempt to amend this Agreement by a party without the consent of the other shall be null and void and without binding effect on the other. 10. No party may assign this Agreement or any part hereof without the prior written consent of the other parties hereto, which consent may be arbitrarily withheld. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties to this Agreement and on their respective heirs, executors, administrators, successors and permitted assigns. 11. The parties acknowledge that this Agreement is not intended to create a partnership, agency or fiduciary relationship between the parties, and each specifically disclaims any such relationship with the other. 12. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and shall be binding upon the parties. 13. Attached to this Agreement and marked as Schedule "A" is a copy of the Certificate of Registration issued by The College of Physicians and Surgeons of Ontario to Dr. Ghazanfar Ahmed dated August 1, 2011 bearing College Register Number 96530. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this 1st day of October, 2011. SIGNED, SEALED AND DELIVERED in the presence of Witness ) ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) Per: ) ) -5- ) James M. Diodati, Mayor ) ) ) ) Ghazanfat Ahmed, MD Dean Iorfida, City Clerk is a member of the College and is authorized to engage in the practice of medicine subject to the conditions imposed on this Restricted Certificate This certificate is subject to terms, conditions and limitations which include, but are not limited to: 1. Dr. Ghazanfar Ahmed may practise family medicine with the Portage Medical Group Family Health Organization and the Portage Medical Health Team, in Niagara Falls, Ontario. and under supervision coordinated by Dr. David Dec. 2. The certificate of registration automatically' expires eighteen months from the date of issuance. 3 The certificate of registration automatically expires upon the following events, unless the Registration Committee renews the certificate with or without additional or other terms, conditions and limitations: (i) the supervisor notifies the College of any concerns regarding Dr, Ahmed's knowledge, skill, judgment or attitude, does not provide the required reports to the College by the due date or if the reports are unsatisfactory in form or content, or (ii) the supervisor is no longer able or willing to continue to supervise Dr. Ahmed's practice, or (iii) the College finds the assessment report, pertaining to the on -site assessment of Dr. Ahmed's practice unsatisfactory. Note: This certificate is issued on August 1, 2011, and automatically expires on or before January 31, 2013, in accordance with paragraphs 2 and 3 above. In witness whereof, we have hereunto subscribed our names and affixed the seal of the College. College Register No: 96530 Dated at Toronto, Ontario. Canada: August 01, 2011 ($10 Replacement charge for this form) This is to certify That Dr. Ghazanfar Ahmed CERTIFICATE OF REGISTRATION THE (011FGF OF PI~IISICL "V:S AND S .RGY CANS OF DNT A PRESIDENT REGISTRAR A by -law to authorize the execution of an Agreement with Dr. David Rosa dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated October 1, 2011 and made between The Corporation of the City of Niagara Falls as City and Dr. David Rosa as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City, as attached hereto, is hereby approved and authorized. 2. The Mayor 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 fourteenth day of November, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 14, 2011. November 14, 2011. November 14, 2011. CITY OF NIAGARA FALLS By -law No. 2011 - THIS AGREEMENT entered into on the 1st day of October 2011. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation incorporated under the laws of the Province of Ontario (hereinafter called the "City ") DAVID ROSA - and - (hereinafter called the "Physician ") OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal Act, 2001 (Ontario), and the regulations thereunder; AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task Force (the "Task Force ") is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City; AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians demonstrating a commitment to practicing medicine in the City of Niagara Falls; AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the City; AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: DESCRIPTION OF INCENTIVES 1. Subject to the terms and conditions herein, the City agrees to provide certain incentives to the licenced Physician in anticipation of the Physician establishing a full time family medical practice in the City of Niagara Falls, and in no event later than October 15, 2011. -2- 2. For the purposes ofthis Agreement, the incentives ( "Incentives ") shall include the following: (a) the cost of reasonable expenses related to practicing in and relocating to Ontario, up to a maximum value of ten thousand dollars in Canadian funds ($10,000.00) (b) office and examination room(s) furnishings to be located at 6453 Morrison Street, Niagara Falls, Ontario, up to a value of Fifty Thousand Dollars ($50,000.00). REPAYMENT OF INCENTIVES 3. The Incentives listed in subsection 2(b) above shall be left in the office and examination rooms on the Physician's departure from the practice in the City of Niagara Falls and the Incentives listed in subsection 2 (a) above shall be repaid by the Physician to City on the following terns: (1) ( If the Physician engages in the practice of medicine in the City by October 15, 2011, and continues to do so for a period of at least five (5) years following the commencement of such practice. the Physician shall not be required to repay any of the Incentives contemplated by this Agreement. (2) If, however, the Physician does not maintain or regularly or actively engage in the practice of medicine in the City by October 15, 2011, and for the duration of the times set out in subsection 3(1) above, the Physician shall be required to repay the Incentives set out in subsection 2 (a) above on a prorated basis, forthwith upon demand for such repayment being made, in writing, by the City. Any amounts that may be required to be repaid by the Physician to the City under subsection 3(2) above, shall accrue interest as of the date that the funds were advanced, compounded annually at 3.5% per annum, and shall be due and payable upon the date that a written demand for repayment of the amounts set out in subsection 3(1) above is made by the City. (4) Notwithstanding anything contained in section 3, in the event the Physician elects to continue practice at another location in the City of Niagara Falls, Ontario, the Physician may transfer the furnishings described in this Agreement to that location, provided always that the Physician must practice medicine in the City of Niagara Falls for a period of at least five (5) years following commencement of practicing medicine and provided always that the furnishings shall forever remain the property of the City of Niagara Falls. -3- NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY 4. The Physician agrees to provide the City with no less than three (3) months working notice of his intention to cease carrying on the practice of medicine in the City. Such notice shall be in writing and shall be delivered to the City in accordance with the Notice Provisions of this Agreement. SOURCE OF FUNDING FOR INCENTIVES 5. The monies required to fund the Incentives shall be provided 100% from the City, and shall be paid by the City to the Physician at such times as are required by this Agreement. REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN 6. The Physician hereby acknowledges that the City is relying on the following representations and warranties that he has made in connection with this Agreement and which representations and warranties form the basis for the City entering into such an Agreement with the Physician: NOTICE (1) The Physician is a member in good standing with the College of Physicians and Surgeons of Ontario. (2) The Physician has not accepted any other Incentives of a similar nature to those referenced by or set out in this Agreement, from any other party, and has not committed himself to practice medicine on a full time basis in any area outside of the City. 7. All notices, requests, demands or other communication required or permitted by the terms of this Agreement to be given by one party to another, shall be given in writing, by personal delivery or by registered mail, with all postage being prepaid, such notice being addressed or delivered to the other party as follows: (1) to the City at: (2) to the Physician at: The Corporation of the City of Niagara Falls Attention: Niagara Falls Health Professional Recruitment and Retention Task Force 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Dr. David Rosa 6453 Morrison Street Niagara Falls ON L2E 5X7 GENERAL -4- or at such other address as may be given by either of them to the other in writing from time to time and such notices, requests, demands or other communications shall be deemed to have been received when delivered, or, if mailed, forty-eight (48) hours after 12:01 a.m. on the day following the day of the mailing, except that in the event of an interruption in regular mail by strike or other irregularity, any notice, request, demand or other communication sent by regular mail shall be deemed to have been received forty -eight (48) hours after 12:01 a.m. on the day following the resumption of normal mail service. 8. This Agreement shall be governed by the laws of Canada to the extent that they apply and by the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 9. This Agreement shall constitute the entire Agreement between the parties with respect to all of the matters herein, and this Agreement shall not be amended except by a memorandum in writing, consented to and signed by all of the parties and any attempt to amend this Agreement by a party without the consent of the other shall be null and void and without binding effect on the other. 10. No party may assign this Agreement or any part hereof without the prior written consent of the other parties hereto, which consent may be arbitrarily withheld. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties to this Agreement and on their respective heirs, executors, administrators, successors and permitted assigns. 11. The parties acknowledge that this Agreement is not intended to create a partnership, agency or fiduciary relationship between the parties, and each specifically disclaims any such relationship with the other. 12. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and shall be binding upon the parties. 13. Attached to this Agreement and marked as Schedule "A" is a copy of the Certificate of Registration issued by The College of Physicians and Surgeons of Ontario to Dr. David Rosa dated July 4, 2011, bearing College Register Number 96488. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this 1St day of October, 2011. SIGNED, SEALED AND DELIVERED in the presence of -5- THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk D N0V -02 -2011 21:15 From: Crated` et Toronto ,. Canada July 04, 2011 (UiQ Replacetrientctrarge for this form) . . - 5 This is: to dertify that Dr. David Anthony Rosa is a member of the College and iS authorized to engage in the practice of medicine subject to the conditions imposed on this College Register No 96488 CERTIFICATE .OF R GISTRATIb Restricted Certificate To : 9053579293 t. '<yCj ti This certificate is subject to terms, conditions and limitations which include but are not limited to: Dr- David Anthony Rosa may practise family medicine with the Portage Medical Group Family Health Team under the supervision of Dr. Alison MacTavish. The certificate of registration automatically expires three years from the date of issuance_ The certificate of registration automatically expires upon the following events, unless the Registration Committee renews the certificate, with or without additional or other terms, conditions and limitations: (i) the supervisor notifies the College of any concerns regarding Dr. Rosa's knowledge, skill, judgment or attitude, does not provide the recquired reports to the College by the due date or if the reports are unsatisfactory in form or content, or (ii) the supervisor is no longer able or willing to continue to supervise Dr. Rosa's practice. Note: This certificate is issued on July 4,2011, and will expire on or before July 3, 2014, in accordance With paragraphs 2 and 3 above. In witness whereof, we have hereunto subscribed our names and affixed the seal of the College. AN �� D FF OF ONTARIO Pa9e:2'2 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend by -law 2011 -61. a by -law provide for citizen appointments to certain Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Paragraph #6, being appointments to the Niagara Falls Museums Advisory Board, be amended to delete the name Kerry Painter. 2. That Paragraph #6. being appointments to the Niagara Falls Museums Advisory Board, be amended to add the name Marie Henry. 3. That Paragraph #7, being appointments to the Niagara Falls Public Library Board. be amended to delete the name Dr. Ken Smith. 4. That Paragraph #7, being appointments to the Niagara Falls Public Library Board, be amended to add the name Anne Andres - Jones. Passed this sixteenth day of May, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI. MAYOR First Reading: November 14, 2011 Second Reading: November 14, 2011 Third Reading: November 14, 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 14 day of November, 2011. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 14` day of November, 2011 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted. ratified and confirmed as if they were expressly embodied in this by-law. except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby. or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and. except where otherwise provided. the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourteenth day of November, 201 1. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI. MAYOR First Reading: Second Reading: Third Reading: November 14, 2011 November 14. 2011 November 14, 2011