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COUNCIL
MEETING
Tuesday, February 28, 2012
Order of Business
and Agenda Package
Niag ara all s
J <-, IN AI)A
COUNCIL MEETING
February 28, 2012
PRAYER: Councillor Thomson
ADOPTION OF MINUTES: Council Minutes of February 14, 2012
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
Anti - Stigma Campaign
Ellis Katsof, Chief Executive Officer of Pathstone Mental Health will address Council
regarding the "Anti- Stigma" campaign surrounding mental health issues.
Community Safety Zone
John Grubich, Traffic Planning Supervisor and representatives of the Niagara
Regional Police (NRP) will inform Council of a proposed Community Safety Zone in the
Kalar and McLeod Road area.
-AND-
TS-2012-08 - Kalar Road and McLeod Road - Community Safety Zones
* * * **
-
PLANNING MATTERS
Public Meeting
AM- 2011 -015, Zoning By -law Amendment Application
5401 River Road
Applicant: David Hagerman
Proposed Cottage Rental Dwelling
Background Material:
Recommendation Report: PD- 2012 -16
-AND -
Correspondence from Susan Wall
Correspondence from Ruza and Vlado Maralica
Correspondence from James Yasotorn
Correspondence from Kenneth and Anne Westhues
Correspondence from Dave Hagerman
* * * **
Public Meeting
AM- 2010 -022
Official Plan and Zoning By -law Amendment Application
6881 Stanley Avenue (Former Loretto Academy)
Applicant: 1149948 Ontario Limited (Tony Zappitelli)
Agent: Richard F. Brady; Ed Lustig, Broderick and Partners
Proposed Hotel /Residential Condominium Development
Background Material:
Recommendation Report: PD- 2012 -19
-AND -
Correspondence from Norma Guindon
Correspondence from the Niagara Parks Commission
Correspondence from Mount Carmel
* * * **
ADULT ENTERTAINMENT MATTERS
1. CD- 2012 -02 - Live Adult Businesses By -law, Sam's Montrose Inn, 8675 Montrose
Road
* * * **
MAYOR'S REPORTS, ANNOUNCEMENTS
* * * **
-3-
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Epilepsy Niagara - requesting that March be proclaimed as "Epilepsy Awareness"
month and that March 26 be recognized as "Purple Day ", encouraging people to
wear purple to increase awareness.
RECOMMENDATION: For the Approval of Council.
2. Fresh Air Fund - requesting that March 20' be proclaimed as "Fresh Air Fund Day ",
the program that provides vacations to low income children from New York City.
RECOMMENDATION: For the Approval of Council.
3. Arts & Culture Committee - requesting Council fill the committee vacancies with the
recommended candidates.
RECOMMENDATION: For the Consideration of Council.
4. Sinnicks Avenue Residents - correspondences in favour and opposed to the
reinstatement of the sidewalk ploughing.
RECOMMENDATION: For the Consideration of Council
5. Donna Mancuso - requesting the City name the Thorold Stone Road extension after
her father.
RECOMMENDATION: For the Consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any items for Council consideration.
* * * **
REPORTS
BUDGET
The Director of Finance will make a presentation on a debt management strategy.
-AND-
F-2012-11 - Debt Management Strategy (HANDOUT)
* * * **
RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
-4-
* * * **
RESOLUTIONS
1. THEREFORE BE IT RESOLVED that Niagara Falls City Council indicate its support
for Bill C -311 and notify the local Member of Parliament.
2. THEREFORE BE IT RESOLVED that the Ministry of Consumer Services be
petitioned to either amend the Vintners Quality Alliance Act to allow fruit wines, 100%
grown and produced in Ontario, to qualify for quality certification; and that the
Province introduce legislation to allow the sale of fruit wines at Ontario farmers
markets.
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.
F- 2012 -07 - Monthly Tax Receivables Report
MW- 2012 -12 - Drinking Water System Summary Reports
MW- 2012 -13 - Falls Avenue ( formerly Roberts Street) Gateway Landscaped
Boulevard and Median Maintenance
PD- 2012 -17 - Request for Relief of Lease Rate for Downtown Cafes
TS- 2012 -05 - Parkside Road - Parking Review
TS- 2012 -09 - Carolyn Avenue at Heather Avenue - Intersection Control Review
TS- 2012 -10 - Leader Lane - Intersection Control Review
TS- 2012 -11 - Forestview Boulevard - School Crossing Guard Review
TS- 2012 -01 - McMicking Street, Parking Control Review
TS- 2012 -06 - Cherrygrove Road at Dovewood Drive Intersection Control
TS- 2012 -13 - Award of Pavement Marking Tender
* * * **
-5
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2012 -11 A by -law to establish Falls Avenue Plan 294 Town of Niagara Falls lying
between Newman Hill Road and John Street, City of Niagara Falls.
2012 -12 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 28` day of February, 2012.
NEW BUSINESS
(2/22/2012) Dean lorfida Delegation to Council age
From: "Teresa Shanley" <tshanley @Pathstone.ca>
To:
Date: 1/25/2012 10:32 AM
Subject: Delegation to Council
Good Morning,
I was wondering if its possible for the CEO of Pathstone Mental Health to make a delegation to Council,
regarding the "Anti- Stigma" campaign surrounding mental health issues. This will be an oral presentation
which will be accompanied by a 15 second video, if this is acceptable could you email me back some
possible dates for February or March. Also if would it be possible for you to advise on the exact time,
location and anything else we need to do on our end.
Thanks and have a good day!
Teresa Shanley
Executive Assistant
Pathstone Mental Health
3340 Schmon Parkway,
Thorold, ON L2V 4Y6
' Ph: 905 - 688 -6850, ext. 106
7 Fax: 905 - 688 -1966
www.PathstoneMentalHealth.ca < http: / /www.PathstoneMentalHealth.ca>
Confidentiality Notice: This e -mail message, including any attachments, is for the sole use of the intended
recipient(s) and may contain confidential and privileged information. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by
reply e -mail and destroy all copies of the original message.
Avis de confidentialite: Les informations contenues a I'interieur de ce courriel, y compris tous les
documents qui y sont attaches, sont pour ('usage exclusif du /des destinataire(s) designes ; car elles
peuvent etre de nature confidentielle et privilegiee. N'importe quelle revue, utilisation, divulgation ou
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immediatement en aviser I'expediteur par courriel et assurer vous d'avoir detruit toutes les copies du
message original.
TS- 2012 -08
Niagara a 11s February 28, 2012
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -08
Kalar Road and McLeod Road
Community Safety Zones
RECOMMENDATIONS
1) That a Community Safety Zone be established on Kalar Road between a point 130
metres north of Forestview Boulevard /Rideau Street and a point 105 metres south
of McLeod Road.
2) That a Community Safety Zone be established on McLeod Road between a point
40 metres east of Garner Road and a point 115 metres east of Kalar Road.
3) That Parking and Traffic By -law 89 -2000 be amended to include a new schedule for
Community Safety Zones.
EXECUTIVE SUMMARY
A Community Safety Zone is recommended to be established on Kalar Road between a
point 130 metres north of Forestview Boulevard /Rideau Street and a point 105 metres
south of McLeod Road, and on McLeod Road between a point 40 metres east of Garner
Road and a point 115 metres east of Kalar Road. Community Safety Zones results in
increased fines for moving violations and are enforced by the Niagara Regional Police
Service.
BACKGROUND
The Niagara Regional Police Service has asked City Staff to investigate the possibility of
establishing Community Safety Zones on Kalar Road and McLeod Road. They regularly
receive citizen complaints about speeding on these two roads and provide enforcement on
a regular basis.
COMMUNITY
Community Safety Zones are sections of road where the community has
SAFETY designated as an area where the safety of children /citizens is paramount.
ZONE Community Safety Zones are intended to be established in areas that
may include schools, day care centres, playgrounds, parks, hospitals,
FINES senior citizen residences and may also be used for collision -prone areas
IDC0Ei °ED within a community. Traffic related offences committed within a
Community Safety Zone is subject to increased fines. Many set fines are
February 28, 2012 -2- TS- 2012 -08
doubled such as speeding and traffic signal related offences. Parking - related infractions
are not subject to increased penalties.
Motorists are informed that they are entering a Community Safety Zone through the
required regulatory sign. As motorists enter the established zone, the sign will display a
"Begins" tab posted beneath; as they exit the zone the sign will display an "Ends" tab. At
this time there are no designated Community Safety Zones in the City of Niagara Falls.
Regular police enforcement is an integral component which makes a Community Safety
Zone a successful traffic safety tool. The Niagara Regional Police have implemented an
initiative targeting traffic safety on the two roads and approached the City in establishing
a Community Safety Zone on both Kalar Road and McLeod Road.
ANALYSIS /RATIONALE
Both Kalar Road and McLeod Road have multiple significant pedestrian generators directly
abutting the road. Loretto Catholic /Kate S. Durdan Public School, Forestview Public
School, John N. Allan park, the Girls Home for Soccer, the Meadows of Dorchester Senior
Centre and residential dwellings front onto Kalar Road between Forestview
Boulevard /Rideau Street and McLeod Road. Saint Michael Catholic High School and the
Boys and Girls Club front onto McLeod Road between Garner Road and Kalar Road. The
implementation of a Community Safety Zone on the study roads is intended to advise the
motorist that they are within a zone where the fines have been increased through a special
designation under the Highway Traffic Act.
Staff were advised that during a six -day enforcement effort, police officers handed out
forty -nine (49) provincial offence notices in the study area with more than 80% of these
offences being speed related. The majority of motorists fined were travelling in excess of
75 km /hr in a 50 -km /hr zone, with the highest recorded speed of 92 km /hr. Speed control
devices are not recommended on either road given their classification as arterial roads.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the signs is carried out by Transportation Services staff. The labour and
material cost is accounted for in the 2012 General Purposes Budget. Cost studies
estimate that the cost to install the required signage is approximately $3,000.
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: / _
Karl ren, Director of Transportation Services
Respectfully submitted: 1
Ken Todd, Chief Administrative Officer
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TS- 2012 -08 Kalar Road and McLeod Road
ff Community Safety Zones
Niagara ,,,IIs Proposed Community Safety Zone NORTH
COMMUNITY
SAFETY ZONES
Transportation Services Department
February 28, 2012
WHAT IS A
COMMUNITY SAFETY ZONE?
The Highway TrafficAct delegates authority to
municipal Councils to designate a part of a
highway under its jurisdiction as a Community
Safety Zone, if in the Council's opinion, public
safety is of special concern on that part of a
highway.
May include roadways near schools, day -care
centres, retirement facilities, or areas with high
accident rates.
COMMUNITY SAFETY ZONES
The fines for speeding violations are doubled, as will
the minimum fines for many other "moving" violations
including, but not limited to the following offences:
Not completing a full legal stop for a stop sign;
Failing to yield the right -of -way to a pedestrian at a crosswalk;
Passing a school bus with overhead signals activated and stop
arm extended; and,
Failure to obey school crossing stop sign.
Demerit points are not doubled
Parking related infractions not included
HOW DO DRIVERS KNOW THEY ARE IN
A COMMUNITY SAFETY ZONE?
COMMUNITY
SAFETY
ZONE
FINES
INCREASED
BEGINS
ENDS
Community Safety Zones must be signed with the above regulatory sign.
Longer zones will have signs posted at regular intervals
The start /end of the zone is accompanied with a B FitGI \S and F\ DS tabs
respectively
ENFORCEMENT
The ability of the NRP to effectively enforce moving offences
must be taken into consideration to make a Community Safety
Zone a successful traffic safety tool
If enforcement is not aggressive or carried out consistently, it
compromises the credibility of the signs and motorists will
continue to drive at the speed that they are comfortable with
The Niagara Regional Police have implemented an initiative
targeting traffic safety in this area
KALAR ROAD & MCLEOD ROAD
X
orestview
Public School
Meadows of
Dorchester
Girls Home
for Soccer
Loretto /Kate
Durdan School
ohn N. Allan
Park
Saint Michael
Catholic
High School
Boys & Girls
Club
• Both Kalar Road and McLeod Road
have multiple significant pedestrian
generators directly abutting the road
• City Staff receives complaints about
traffic /pedestrian safety on these streets
• During a six -day enforcement blitz,
N.RP officers handed out 49 provincial
offence notices in the study area
• More than 80% are speed related
• The majority were travelling 75 km /h
or more in a 50 km /h zone
CONCLUSION
The goal of Community Safety ' /,ones is to
modify driver behaviour and increase safety for
all road users, particularly vulnerable road users
like children and seniors
Staff is recommending that Kalar Road and
McLeod Road be established as the City's first
Community Safety Zones, as it is a growing area
of our community and has significant pedestrian
generators
Thank You
Any Questions?
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PD- 2012 -16
Niagarapalls February 28, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Planning, Building & Development
SUBJECT: PD- 2012 -16
AM- 2011 -015, Zoning By -law Amendment Application
5401 River Road
Applicant: David Hagerman
Proposed Cottage Rental Dwelling
RECOMMENDATION
That Council approve the Zoning By -law amendment application to rezone the land to a
site specific Residential Single Family and Two Family (R2) zone to permit the existing
single detached dwelling to be used as a cottage rental dwelling with a maximum of four
(4) bedrooms.
EXECUTIVE SUMMARY
The applicant has requested a zoning amendment to permit the existing single detached
dwelling on the property to be used as a cottage rental dwelling (rented to a single group
of travellers for a period of Tess than 28 days). The amendment can be supported
because:
• the proposed use is similar to bed and breakfast establishments which are
permitted in residential areas by the Official Plan, where they are compatible with
the neighbourhood;
• the property is located in the River Road Satellite Tourism District which has
convenient access to the Tourist Core and is where bed and breakfast
establishments are permitted as of right;
• the proposed use would be compatible with the surrounding dwellings;
• no changes are proposed to the dwelling that will alter its appearance or character;
• the size of the groups renting the dwelling will be controlled; and
• the City can regulate the use through licensing and enforcement of its noise by -law.
BACKGROUND
Proposal
A Zoning By -law amendment is requested for 5401 River Road, which is located on the
west side of River Road through to River Lane, south of Eastwood Crescent and east of
River Lane (see Schedule 1). A detached dwelling exists on the 880 square metre (9,472
square foot) property which is being used as a cottage rental dwelling contrary to the
February 28, 2012 - 2 - PD- 2012 -16
Zoning By -law. The application was filed as the result of a complaint. The amendment is
requested to recognize the use and a number of existing site conditions. Schedule 2
shows details of the property.
The subject land is currently zoned Residential Single Family and Two Family (R2 -2),
which permits single detached, semi - detached and duplex dwellings on appropriately sized
parcels and allows a dwelling to be used as a tourist home (bed and breakfast). Site
specific zoning regulations are requested to be added to the zoning of the land to add a
cottage rental dwelling to the list of permitted uses. In addition, site specific modifications
are requested to the R2 regulations to recognize the existing north side yard setback and
to increase the maximum parking area in the rear yard.
At the January 24, 2012 Council meeting, Council directed staff to conduct a review of the
policies affecting cottage rental dwellings. This application was submitted prior to Council's
direction and therefore, should be considered under the current Official Plan policies. Staff
will provide a report outlining the results of the policy review at a future Council meeting.
Site Conditions and Surrounding Land Uses
The dwelling on the property is 223 square metres (2400 square feet) and was constructed
in 1913. The property is surrounded by detached dwellings to the north, west and south.
To the east is the Niagara River Gorge. The Queen Victoria Park Tourist District is located
less than 500 metres south of the property.
Circulation Comments
Information regarding the proposed Zoning By -law Amendment was circulated to City
divisions, the Region, agencies and the public for comments. The following summarizes
the comments received to date:
• Regional Municipality of Niagara
- No objections.
• City Clerk
- A license to operate the cottage rental dwelling will be required.
• Building Services
- A Building Permit will be required for the change of use.
• Municipal Works, Parks and Recreation, Transportation Services, Legal Services,
Fire Services, Niagara Falls Transit
- No objections.
• Surrounding Neighbours
- Letters received from neighbours are on tonight's agenda. The letters
express concerns about excessive noise from groups staying in the house,
parking problems on River Lane, large groups (excess of 8 people) staying
in the house, drug use on the site, use of a fire pit in the rear yard and the
deterioration of the neighbourhood. The applicant has advised that since
they became aware of disturbances from their occupants, they require
February 28, 2012 - 3 - PD- 2012 -16
occupants to sign a contract that requires a $300.00 damage deposit, which
should assist in deterring problem occupants. They have also removed the
fire pit from the property.
Neighbourhood Open House
A neighbourhood open house was held on January 12, 2012 to explain the proposal and
to answer questions. One neighbour attended to submit a letter; the applicant was present.
ANALYSIS
1. Official Plan
The land is designated Residential in the Official Plan. While dwellings are intended
to be the predominant use under this designation, a variety of ancillary uses
including bed and breakfast establishments may also be permitted where they are
compatible with the residential environment. Such facilities are to be carefully
regulated as to their location, size and traffic generation in order to minimize
disturbances to adjacent properties and to protect the character and identity of the
overall neighbourhood. The land is also within the River Road Satellite Tourist
District, which provides for alternative forms of accommodation providing the
residential character of one neighbourhood is maintained.
The proposed development complies with the Official Plan as follows:
- A cottage rental dwelling is a form of small scale, short term accommodation,
similar to a bed and breakfast establishment, that is permitted throughout the
City's residential areas, where they are considered compatible land uses;
- The site is an appropriate location for small scale, short term tourist
accommodations, being located in the River Road Satellite Tourist District,
in proximity to the Tourist Core, and having convenient access to River Road
(recognized as a Scenic Road in the City's Official Plan);
- The residential character of the property will be maintained as no changes
are proposed to the property and existing dwelling;
- A cottage rental dwelling rented to a single group of travellers should not
generate any more traffic than a typical detached dwelling; and
The intensity of the use should be no different than any other detached
dwelling and the use should be compatible with surrounding residences
provided the number of bedrooms is limited to four (4), occupancy is limited
to eight (8) persons and the dwelling is only rented to a single group of
travellers at a time.
Cottage rental dwellings are a relatively new form of tourist accommodation in the
City. A modest number of cottage rental dwellings in a neighbourhood do not
appear to adversely affect its character. However, a concentration of cottage rental
dwellings in a neighbourhood with no permanent residents would likely change the
character of a neighbourhood. The subject property is located in the Ryerson
Neighbourhood. Currently there is only one approved cottage rental dwelling within
February 28, 2012 - 4 - PD- 2012 -16
300 metres (984 feet) on River Road. Schedule 3 shows the location of all licenced
Bed & Breakfasts and Cottage Rental dwellings within 500 metres of the site. The
resulting proximity of cottage rental dwellings is not expected to have a significant
impact on the neighbourhood.
2. Zoning By -law
The requested site specific zone change is to add a cottage rental dwelling, with
four (4) bedrooms, to the list of uses permitted on the property.
The applicant has requested site specific modifications to the R2 regulations to
recognize the location of the dwelling on the lot. The zone changes include a
reduction to the minimum side yard depth from 1.8 metres (6 feet) to 0.45 metres
(1.5 feet), an increase in the maximum area for parking in a rear yard from 40
square metres (430 square feet) to 70 square metres (753 square feet). These
zone changes are acceptable since they recognize the existing building and are
compatible with the surrounding land uses.
The dwelling has four (4) bedrooms all on the second floor. The use of the dwelling
as a cottage rental dwelling should be limited to a maximum of four (4) bedrooms
and eight (8) occupants for the following reasons:
- The building's occupancy with larger groups has resulted in complaints from
the neighbours.
- The Ontario Building Code limits the occupancy of bedrooms to two (2)
persons.
- The property has a limited area for parking and there is currently sufficient
parking for four vehicles.
The recommended limits should assist in ensuring the cottage rental dwelling is
small scale such that the land use is compatible with the surrounding residences.
3. Licensing and By -law Enforcement
Although the letters from neighbours expressed concern about noise, the City has
not received any noise complaints against the property. If the rezoning is approved,
the applicant will be required to obtain a municipal license to operate the cottage
rental dwelling. The applicant and the guests will be expected to abide by all city
by -laws, most notably the Noise By -law. By -law services staff will take normal
action upon receipt of a complaint if there is non - compliance of any by -law.
CITY'S STRATEGIC COMMITMENT
The proposal is supported by the City's Official Plan in terms of locating small scale tourist
accommodations in residential areas where compatible.
February 28, 2012 - 5 - PD- 2012 -16
LIST OF ATTACHMENTS
► Schedule 1 Location Map
► Schedule 2 Site Plan
► Schedule 3 Map of Licensed Bed & Breakfast and Cottage Rentals
Recommended By: ; .k - k
Alex Herlovitch,
Director of Planning, Building & Development
Respectfully Submitted: LIAX4
Ke Todd, Chief Administrative Officer
D.Deluce
Attach.
S: \PDR\2012 \PD- 2012 -16, AM- 2011 -015, 5401 River Road.wpd
February 28, 2012 - 6 - PD-2012-16
SCHEDULE 1
LOCATION MAP
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Amending the Zoning By-law No. 79-200
Location: 5401 River Road
Applicant: David Hagerman
AM-2011-015
February 28, 2012 - 7 - PD- 2012 -16
SCHEDULE 2
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February 28, 2012 - 8 - PD- 2012 -16
SCHEDULE 3
Licensed Bed & Breakfasts and
Cottage Rental Dwellings in the Area
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Susan M Wall
5421 River Lane
Niagara Falls, On. L2G 3P4
905 -380 -3161
Regarding: Zoning By -law Amendment Application City File AM 2011 -015
January 9, 2012
Director of Planning & Development City Hall
4310 Queen St.
Niagara Falls, On. L2E 6X5
To Whom it may concern
Please consider the following comments when making your decision to convert this area to a
cottage rental dwelling to the list of permitted uses.
I live directly behind this home, the front of my house faces the parking area and garage of 5401
River Rd. This past summer the home was rented to more than one large group.
This results in more traffic on River Lane because the guests must access the dwelling via River
Lane. There are only a few homes on River Lane it is quiet and there is low traffic volume. On
the occasions where the home was rented it made it difficult to get past vehicles parked on the
Lane due to a lack of parking at the property. There are currently 5 spaces for vehicles on this
property therefore if someone has to park on the Lane you know there are far more than 8
persons staying there. I have counted as many as 20 at a time. This home is huge and although a
few large families have rented the property and the noise was not an issue the traffic was. On the
occasion where the noise was an issue it was due to bachelorette parties or similar gatherings.
More than once while I was sitting in my living room or laying in bed (both of these rooms are at
the front of my house) with the windows open on a hot summer night I could smell both cigarette
smoke and marijuana smoke. This is very disturbing to me I don't smoke at all I have a allergy
to smoke. I have my youngest son living with me who I have tried to keep away from this sort of
thing all his life. I thought the guests were family members of the home owner so I didn't call
the police in the future I will not hesitate to call.
If this permit is allowed and they rent out this property as a cottage it will be very detrimental to
the way of life for those on River Lane. I for one am against it. This is something the owner
should have researched before purchasing the property. There was no indication from the owner
RECEIVED
JAN 1 1 2012
when I first met David (was not given a last name) that the property would be a rental. He
simply stated he was going to take his time moving in. Instead a number of different vehicles
and parties started to show up. As I indicated I thought they were family members staying
because it was summer in Niagara Falls. Then a concerned neighbor put a letter in my mail box
and brought to my attention the fact that it was a rental unit and had a website. I went on line to
view the website pictures and rates for the summer.
I hope that these letters are taken seriously and that it isn't just another case of who you know in
Niagara Falls to get what you want. I bought my house on River Lane because it was quiet and
no one knew where it was. I work in the hotel industry and want to get away from it when I
come home at night. I would be very disappointed if this was to be allowed.
Sincerely,
T ,\L-4 4 2-"DY)
Susan M Wall
Mazalica family
Owners /residents of 5411 River Road
Niagara Falls ON L2E 3H1
Tel. 905 - 356 -6425
Re: 5401 River Road (Roll No. 2725 - 030 - 002 - 14600)
Zoning By -law Amendment Application City File: AM- 2011 -015
Director of Planning & Development, City Hall
Niagara Falls, Ontario
Dear Sir / Madam,
As the neighbours of the property in question we have already witnessed the
negative effects of the proposed zoning amendment.
The property at 5401 River Road has already been rented out as a cottage and
has been advertised on VRBO 352129 (Vacation Rentals By Owner). Some of
the issues we have witnessed are intoxicated partiers, loud noises during all
hours, even after midnight until dawn, inappropriate language and unruly
behaviour. We have also seen beer and liquor containers amongst other trash
being thrown in our yard. There is also a fire hazard concern since there is a fire
pit in the applicants yard and we have also seen It cigarettes being thrown onto
our property.
As our home is in very close proximity to the applicant dwelling, we are troubled
and concerned about this proposal. This is a very nice, quiet and safe residential
neighbourhood and having strangers next door partying and acting in a
threatening manner is very disturbing to us. We have had much trouble sleeping
on many occasions when the applicant had renters there in the past year.
There are seniors including ourselves in the area as well as kids and we feel that
a cottage rental is completely inappropriate and would have absolutely no benefit
to our community.
Please consider our fears and concerns.
Thank You.
Mazalica family
1 uz a, and VLac,Jo axd;e 4
RECEIVED
JAN 1 2 2012
PLANNING
& • V LO M NT
January 5, 2012
My name is fames Yasotorn; my wife, Nataya and l own Nataya Bed and Breakfast. We have
owned this property for 7 years. I am extremely troubled by what is happening. Although
we closed the business for the winter, we've had no problems before. And to hear that our
undisturbed neighborhood is having these problems (trash, noise, nuisance, partying, etc.)
Just shocks rne. As an adjacent property owner, I expect the same respect I give while 1 any
there.
This is a peaceful residential -like neighborhood, and there must be an understanding that
bed and breakfasts are located throughout the neighborhood<
A lot of our guests corne from out of town, and Berne even from another country; most are
fir4t - tire visitors to Niagara Fails, We want to make sure they come back. And as for the
reeturning guests, I'd like to make sure they get they same treatment and feeling they
experienced during the previous visit last year.
I'm hoping that I, and our neighborhood, can provide that for them when we open our
doors again this spring.
Any consideration regarding this matter wRI be immensely appreciated.
Respectfully yours,
,..........
4
yr�yy CC p ` �+ y f
.. ne 1 S . +`assoto2 n
Owner
Nataya Bed & Breakfast
0i rem 85B- 49 -5546
Email: iN ataya.bb@gmaiLOOM
Naeayti BZId & Breakfast• 5395 Rivrr Road • Niagara Faits • Ontario • Canada • L2i Mil • 1 -828- 414 -4237
S419 fiver Road
Niagara Falls, Unte,rio l,2 E31 t
11 ?ar:uary 2012- O1 -1.1
Director of Planning & Development
City Hall, 4310 Queen Street
Niagara Falls, Ontario L2E6X5
Dear air- or Madame:
We regret that on account of being in Waterloo for the rest of thiii week, we are uitable to attend the
cpen house scheduled for 1.2 January, with regard to the application for zoning modification of
5401 River Road, the property two doors up the hill from our home. Please accept this letter in lieu
of our attendance at that meeting.
We, strongly oppose addition of cottage rental dwelling to the list of permitted uses of this property.
•leer the past 14 months, we have spent mare than $40O,OOU on the purchase., ren ovation. and
restoration of the heritage house and garage at 5419 River Rd. We moved in It Noveinbe.r. This is
our permanent residence, where we intend to live for the rest of our lives. Our decision to invest so
much money in the property was premised on the residential character of the neighbourhood.
We were pleased to welcome Alex and t)ave Hagerman when they bought the property last spring
from Mr. and Mrs. Murphy, android us of their plans for renovation. We would be pleased to have
the flagerrnans as neighbours.
We believe that allowing use of the house as cottage re ^tai, along with the other modifications in
;l e application, would seriously diminish the residential character of the neighbourhood. An
:?n„siipe.rvised old House with four bedrooms invites rental interest from groups of young people
ivai ?zing to 'cut Loose" and party fora weekend or a week. This was already the case last summer.
laud noisy parties around bonfires in the backyard, f telle.d by kindling and alcohol. The use of the
,, ;use. tor cottage rental changes the whole character of the neighbourhood and diminishes its
eratoyrnent by residents, some of whom have lived here for decades.
,i further reason to oppose this application, since there is no access to 5401 River Road from the
front, is that it work increase traffic on River lane and make this narrow, curving, single -lane alley
more dangerous than it already is. Long -term residents know to drive slowly an carefully on River
Larne, Short - term tourists worild r t. know to take precautions.
We are greatly d:sappoirtfd that this application far zoning modification' has been made. Alex and
Dave Hagerman roast have known the zoning regulations omen they purchased the property. We
sere no reason to change there, and suspect that doing so would .reauce the value not only of the
neighbouring properties, ours included, but also of the subject property.
With thanks for your consideration;
Sincerely, .
Keranerh and Angus Wt4sthues
Page 1 of 1
David Deluce - FW: Dave Hagerman - occupancy con ct fo 401 Rivier road
From: ALEX RASIULIS <arasiulis @hotmail.com>
To: <ddeluce @niagarafalls.ca>
Date: 1/13/2012 4:03 PM
Subject: FW: Dave Hagerman - occupancy contract for 5401 Rivier road
Attachments: On The River House Occupa.doc; ATT00001
H i David
Here is the occupancy contract that Sue (property mgr) has set up for 5401 River Road. Let us know if there is
anything else that you require befor your meeting monday
Have a good weekend
Thanks Alex and Dave
From: contact @eclectics.ca
Subject: ORH - occupancy contract
Date: Fri, 13 Jan 2012 10:43:58 -0500
To: arasiulis@hotmail.com
Hi Alex,
Here is Lhe contract. Please let me know if you need any changes done.
Sue
RECEIVE157
JAN 1 3 2012
PLANNING
& V 'LOPM<
file: / /C: \Documents and Settings \dd2961Local Settings \Temp\XPGrpWise\4F1055CBDom... 1/16/2012
On The River House - Occupancy Conditions
5401 River Road, Niagara Falls, ON
Owners of On The River House require a damage deposit of $300.00 payable in advance
by credit card. If you respect the house and its contents and follow the by -laws set forth,
the damage deposit will not be charged to your credit card provided at reservation.
1) Liability - You accept full responsibility for any and all damages caused to this
house, its contents and property as a result of your own negligence. The property
owners and management are not responsible for accidents or injury to guests or
loss of personal property unless they are due to their negligence. Guests are
responsible for the safety and security of all persons in the house including
children, at all times during the rental period.
2) Municipal By -Laws — In accordance with municipal by -laws set forth by the city
of Niagara Falls, we do not allow any parties or gatherings other than the
acknowledged guests staying at this house. Guests shall respect the surrounding
neighbours by not creating loudness in the yard, quiet time begins at 10:30 pm.
3) Parking — Guests shall only park in the four parking spaces provided beside the
garage and shall not park in the alley or in neighbouring parking spaces, to a
maximum of four vehicles allowed.
4) Outdoor Fires — Guests are not permitted to have outdoor fires, for cooking or
entertainment, in the yard or surrounding areas.
5) Smoking — No smoking is permitted inside this house. There will be a surcharge
of $100 for any smoke related clean up.
6) House maintenance — This house is professionally cleaned prior to your arrival
and following your check out. Please help us maintain by following these simple
procedures.
a) place all used towels in the bath tub
b) run the dishwasher with soiled dishes prior to checking out
c) dispose of all left over food and waste in the garbage bins provided in the
back yard. Recycling must be separated: glass /plastic in one bin,
paper /cardboard in the other bin.
d) do not strip or make the beds
e) if extra cleaning or sanitizing is required beyond normal wear and tear, a
fee will be charged to cover these costs and/or the $300 damage deposit
may not be refunded.
I agree to the terms stated above:
Signature
Cash or Credit Card Number:
Dated:
/'j+✓�� PD- 2012 -19
Niagaraaalls February 28, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Planning, Building & Development
SUBJECT: PD- 2012 -19
AM- 2010 -022, Official Plan and Zoning By -law
Amendment Application
6881 Stanley Avenue (Former Loretto Academy)
Applicant: 1149948 Ontario Limited (Tony Zappitelli)
Agent: Richard F. Brady; Ed Lustig, Broderick and Partners
Proposed Hotel /Residential Condominium Development
RECOMMENDATION
1. That Council approve the application to adjust the built form requirements contained
in Official Plan Amendment No. 90 and amend Zoning By -law No. 79 -200 to permit
hotels or apartment buildings on the subject lands consisting of 3 buildings, the
southerly building with a height up to 32 storeys, the central building with a height
up to 57 storeys and the northerly building with a height up to 42 storeys.
2. That site specific zoning by -laws be passed for each of the three buildings and
address the following matters:
(a) limit the podium for the south building to a height of 17 metres;
(b) include a holding provision in all three by -laws requiring Provincial sign -off on
a Stage 4 Archaeological Assessment prior to development; and
(b) include a holding provision in the by -law for the southerly building requiring
the completion of a further microclimate study to mitigate pedestrian level
impacts on the Our Lady of Peace chapel.
3. That the passage of the amending zoning by -laws be conditional on the execution
of Section 37 agreements for each of the three buildings to secure the design of
each of the projects, a capital facilities contribution based on 5% of the construction
value of the net floor areas above 30 storeys and a contribution of $388,000 for
streetscaping works on abutting street frontages.
4. That the above noted Section 37 Agreement include provisions to require the
Loretto Academy be retained /conserved /restored in accordance with a Heritage
Conservation Plan to the satisfaction of the City and designate the Loretto Academy
building and the east front lawn (as shown on the attached schedules) under the
Ontario Heritage Actfollowing the issuance of the first Building Permit for the central
building.
February 28, 2012 - 2 - PD- 2012 -19
EXECUTIVE SUMMARY
The applicant has requested changes to Official Plan Amendment policies introduced by
Amendment No. 90 to address built form and a Zoning Amendment to permit the
development of 32, 57 and 42 storey hotel and /or apartment buildings on the property. The
amendments can be supported because:
• the redevelopment has received support from the City's Municipal Heritage
Committee and the restoration of the former Loretto Academy will be secured
through a Section 37 Agreement;
• the requested design changes meet the objectives of the Official Plan in providing
adequate gaps between tall buildings and avoiding a solid wall of buildings on the
escarpment above the Falls; and
• the amending by -laws will establish regulations to implement the recommended
policies. The recommended holding provisions will secure completion of
archaeological work as well as a further microclimate study to mitigate impacts on
the Our Lady of Peace Chapel.
Section 37 agreements should be used to secure building form, streetscaping
improvements and capital facilities contributions.
BACKGROUND
Proposal
An Official Plan Amendment is requested to change the urban design policies of Part 2,
Section 4.6.11(d) which were introduced by Official Plan Amendment No. 90 (OPA No. 90)
in 2009. These changes reflect modifications to the building form and massing including
podium height, floor plate size, tower width and the southerly side yard setback. The
amendment involves a 3.03 hectare (7.5 acre) parcel of land known as 6881 Stanley
Avenue (see Schedule 1), the site of the former Loretto Academy.
A zoning by -law amendment is requested to change the current site specific Tourist
Commercial zoning of the property, which limits the use of the land and the existing
building to an assembly hall. The applicant seeks to increase the height permitted on the
lands from the current 12 metre (40 feet) limit. The applicant is now seeking planning
approvals that would allow three high rise buildings (32, 57 and 42 storeys) which may be
developed as hotels and /or apartment buildings (condominium ownership) on the land.
The three buildings are intended to be developed independently and on separate parcels
with three site specific TC zones to be applied to the lands.
Site Conditions and Surrounding Land Uses
The former Loretto Academy building is located in the centre of the property. The building
is surrounded by landscaped open space which includes a large number of mature trees
to the north, south and east of this building.
February 28, 2012 - 3 - PD- 2012 -19
Lands to the north are developed with high -rise hotels including the 30 storey Marriott
Gateway Hotel, the Radisson Hotel, the Marriott Fallsview Hotel and the 36 storey
Embassy Suites Hotel. The Scotiabank Convention Centre is located to the west, the
Mount Carmel Centre and Our Lady of Peace Chapel are located to the south and the
former Michigan Central Railway, Portage Road and Queen Victoria Park are located to
the east.
Circulation Comments
Information regarding the requested zoning amendment was circulated to City divisions,
the Region, agencies and the public for comments. The following summarizes the
comments received to date:
• Regional Municipality of Niagara
- No objections to the proposed amendments provided all archaeological
investigations are completed to the satisfaction of the Ministry of Culture. A
holding provision should be placed on the land if these investigations are not
completed prior to passage of the amending by -law.
- Given the size of the development a servicing study is required at the site
plan stage to ensure sufficient infrastructure is provided forthe development.
In addition, as Stanley Avenue is a potential noise source that may impact
on residents, a noise study should be completed at the site plan stage if the
buildings are developed as apartments.
• Niagara Peninsula Conservation Authority (NPCA)
- No objections. There are no species at risk impacted by the development.
• Municipal Heritage Committee
- The Committee accepts the Heritage Impact Assessment prepared on behalf
of the applicant by Goldsmith Borgal Architects and the location of the
buildings as per the design revisions presented by Peter J. Lesdow Architect
shown on the plans submitted (revision date Dec. 2, 2011).
- The Committee recommends the property at 6881 Stanley Avenue be
designated under Part IV of the Ontario Heritage Act upon completion of a
Conservation Plan forthe property and shall immediately follow the issuance
of the first Building Permit for the redevelopment and that this requirement
be secured in the Section 37 Agreement. Schedule 2 of the designating by-
law shall include the east front lawn as a cultural heritage landscape.
• Municipal Works
- No objections to the proposed Official Plan and Zoning changes.
There are no issues regarding capacity with respect to City services. A
stormwater management report is to be submitted at the site plan stage to
demonstrate post development flows do not exceed pre - development flows.
February 28, 2012 - 4 - PD- 2012 -19
• Transportation Services
No objections to the proposed Official Plan and Zoning changes.
A 3 metre wide road widening will be required at the site plan or consent
stage along the south side of Livingstone Street for a length of 70 metres as
measured from Stanley Avenue.
- Vehicular and pedestrian activity from the development will create the need
for bus bays on the east side of Stanley Avenue and south side of
Livingstone Street abutting the property. The applicant should be
responsible for funding these additional operational requirements.
- Staff note that there are some transportation conflict points on the site and
the potential of traffic queues spilling out on surrounding streets. An in -depth
review of transportation design will be carried out at the site plan stage.
• Parks and Recreation
- Cash -in -lieu of parkland is be dedicated for the development at the Building
Permit stage, as determined by an appraisal.
• Building Services, Fire Services
- The proposed development will be required to conform to Ontario Building
Code requirements.
• Legal Services
- No objections.
• Public Comments
- One letter (included in Council's agenda) has been received from Father
Makacinas of Mount Carmel Centre, who is concerned about the latest
design of the buildings.
Neighbourhood Open House
A neighbourhood open house was held on January 25, 2012 to explain the proposal and
to answer questions. The applicant, the applicant's agents, representatives of the Niagara
Parks Commission and six residents were in attendance.
The residents and the Niagara Parks Commission had questions about shadowing, waste
disposal, traffic impacts, setbacks from the Our Lady of Peace Cemetery and public access
to the former Loretto Academy. The applicant's agents noted that shadowing only affects
Queen Victoria Park later in the afternoon, waste disposal areas would be concealed on-
site and traffic reports indicate that traffic generated by the development can be
accommodated by Stanley Avenue. They also noted that under Provincial regulations the
proposed south building is to be set back 5 metres from the south property line to protect
the adjacent cemetery and that the former Loretto building, though privately owned, would
be accessible by virtue of its use as restaurants and meeting rooms of a hotel.
February 28, 2012 - 5 - PD- 2012 -19
Residents expressed concerns about the loss of trees and green space on the property,
particularly the treed areas north and south of the existing building, to which the applicant's
agents noted that 35% of the site is being preserved and some of the mature trees would
be saved. The Niagara Parks Commission also expressed concerns about storage of
household goods on balconies if buildings are developed as residential condominiums.
The applicant's agents noted that this matter could be addressed through condominium
by -laws.
ANALYSIS
1. Official Plan
The land is designated Tourist Commercial in the Official Plan as amended by OPA
No. 90. OPA No. 90 allows a development consisting of three hotels and /or
apartment buildings to be considered on the land. The southern building is limited
to a maximum building height of 32 storeys. The central building is limited to a
maximum height of 57 storeys and the northern building is limited to 42 storeys.
The heights of the buildings are allowed in return for retaining, conserving and /or
restoring the former Loretto Academy and retaining and conserving the portion of
the site running north /south in an alignment to the east of the existing building.
Policies require the following:
- A Zoning By -law amendment application be accompanied by a heritage
impact assessment, shadow impact assessment, pedestrian level wind
study, transportation impact study, tree inventory and saving plan,
archaeological study and an architectural peer review report. These studies
have all been submitted.
- A Section 37 agreement which secures the contribution of facilities and /or
cash for the portion of the building(s) above 30 storeys, based on 5% of the
construction cost (this is in addition to streetscaping contributions required
for all high -rise tourist commercial projects). This will be a requirement of
approval.
The policies establish a set of urban design requirements for the buildings that
establishes maximum podium heights, building floor plate sizes and tower length to
width ratios; minimum tower setbacks and separation distances between towers;
podiums and /or landscaping that define streets; coordinated parking areas and
driveways; and require parking to be provided on site. The applicant is requesting
changes to these requirements that would allow the podiums of the buildings to be
one storey taller (5 storeys), the tower portions of the buildings to have larger floor
plates (1700 square metres from the 5 to the 15 floors and 1150 square metres
above the 15 floor), the towers to have length to width ratios of 1:2.6 from the 5th
to the 15 floors and 1:1.5 to 1:1.8 above the 15 floor, and to allow the tower
portions to be as close as 10 metres from any interior lot lines.
The sections below address how these policies have been addressed through the
required studies, as well as an analysis of the changes in the design policies.
February 28, 2012 - 6 - PD- 2012 -19
2. Heritage Impact Assessment and Associated Peer Review
The applicant submitted a Heritage Impact Assessment (HIA), prepared by
Goldsmith Borgal & Company Architects, to support the application and the
associated restoration of the Loretto Academy building. The HIA concludes the
existing building and site have heritage values and notes the following:
- The new buildings will diminish the scale of the existing building. However
mitigative options, including preservation of building features and
reconstruction of the former mansard roof and cupola, would conserve the
majority of its heritage attributes.
- To preserve the cultural heritage landscape pursuant Provincial regulations,
it is recommended the green space to the east of the building along the top
of bank, visual connections to the Our Lady of Peace Chapel and Mount
Carmel Centre and portions of the perimeter fence all be preserved.
- Extension of the proposed "garden wall ", located along the south side of the
south building, by one arch eastward from the building could frame the
Chapel from the site to provide a visual link. The use of light and transparent
materials at the base of the new buildings should be used to provide a
contrast to existing buildings.
To ensure an expert, independent review of the HIA, the City contracted another
heritage consultant (ERA Architects Inc.). ERA Architects Inc. concluded that the
entire east lawn, as measured from an alignment with the east wall of the former
Loretto Academy, should be preserved as a significant cultural heritage landscape.
This would require moving the north and south buildings westward 13 metres and
21 metres, respectively. The developer responded to these comments by shifting
the north and south buildings westward 3 metres.
Planning staff accept the findings that the Loretto Academy exhibits heritage value
and the site relationship with Our Lady of Peace Chapel and Mount Carmel lands
as a cultural heritage landscape. While it would be desirable to protect a greater
portion of the cultural heritage landscape and to maintain visual continuity between
the Loretto Academy building and Our Lady of Peace Chapel by moving at least the
southerly building back, the developer is unable to alter his development plans
further. The applicant's heritage consultant notes that the current building
configuration frames the Loretto Academy building. The Municipal Heritage
Committee met with the developer, reviewed the HIA and the associated peer
review and support the location of the development and request the Loretto building
and east lawn be designated under the Ontario Heritage Act. The developer is
agreeable.
3. Architectural Peer Review
All buildings proposed in the Tourist Commercial area greater than 10 storeys are
subject to an architectural peer review. Guidelines were originally developed under
the Tourist Area Development Application Guide (TADS), which encouraged the
development of high rise buildings in a "wedding cake" form, with a reduction in
mass above a 4 storey podium, and a further reduction in mass above the 15
storey.
February 28, 2012 - 7 - PD- 2012 -19
Council adopted new guidelines in 2004 which are contained in the Tourism Policy
Review Implementation Handbook. The changes were introduced in response to
the development community, which indicated the "wedding cake" buildings were
difficult to achieve.
Both sets of guidelines meet the objectives of the Official Plan in ensuring high -rise
buildings are set back from streets, building mass is reduced above the podium to
ensure appropriate gaps are provided between buildings and the creation of a wall
of buildings at the top of the escarpment is avoided.
The applicant is seeking amendments to the site specific design policies including
an increase in podium height from 4 storeys and 15 metres to 5 storeys and 21
metres, an increase in tower length to width ratio from 1:1.8 upwards to 1:2.6 up to
15 storeys, a decrease in the side yard setback from 12.5 metres to 10 metres and
an increase in floor plate size from 1115 square metres to 1700 square metres up
to 15 storeys and 1150 square metres above 15 storeys.
The Architectural Peer Review architect, Mr. Steven Robinson, has completed a
review and does not support the project as designed. He contends the wider
building designs contribute to a "wall effect ", along the top of the escarpment above
the Falls, diminishing the vistas from the Park and the City. He is also of the opinion
that both the north and south buildings should be set back in exact alignment with
the east wall of the Loretto Academy to preserve the entire lawn on the east side of
the building.
Staff has reviewed the project in terms of the TADS and the Tourism Policy Review
Implementation Handbook. It is noted that these guidelines have been adopted for
the tourist area as a whole. This property is much larger than other properties in the
Central Tourist Core which provides some flexibility in design without causing
adverse impacts. Planning Staff have the following specific comments:
- The TADS guidebook requires separation distances of 25 metres between
buildings from the podium to the 15 floor, and 35 metres above the 15"
floor. The applicant is providing 25 metres between the south and central
towers up to the 15' floor and 34.5 metres above the 15" floor. Between the
central and north towers a separation distance of 37 metres is provided up
to the 15 floor and a separation distance of 54 metres above the 15 floor.
The proposed separation distances are consistent with the requirements.
- Minimum tower setbacks from all property lines stipulated by the guidelines
are met, except from the south property line. The setback is requested to be
reduced to 10 metres from 12.5 metres to accommodate a cantilevered
penthouse. Staff note that this setback is meant to provide adequate
separation from future high -rise buildings that may be built. Staff are of the
opinion that there is limited potential to develop a high rise building on these
lands, and the reduction is acceptable.
- Staff does not object to the requested change in podium height from 17
metres and 4 storeys to 21 metres and 5 storeys as a general policy for the
lands. The podiums tend to be located away from street frontages, so
streetscape should not be adversely impacted by this increase. However the
proposed increase in height of the southerly building from 17 metres to 19.5
February 28, 2012 - 8 - PD- 2012 -19
metres cannot be supported as it would overshadow the adjacent Our Lady
of Peace Chapel. A letter of objection has been received from Mount Carmel
Centre respecting the request design changes including the change in
podium height. In addition, the developer entered into an agreement with
Mount Carmel Centre to establish the original height and design of this
podium. It is recommended this podium be kept to a height of 17 metres.
With the exception of the podium height for the south building, Staff is satisfied the
proposed design meets the general intent of the Official Plan and both sets of
design guidelines, that point towers are being proposed and sufficient separation
exists between buildings to avoid a continuous wall of buildings.
4. Microclimate Study
The applicant has submitted a comprehensive microclimate study by RWDI
Associates. The study concludes that certain wind conditions (particularly around
the Marriott Gateway Hotel) are pre- existing and that the use of wind screens and
tree planting will mostly mitigate impacts caused by the proposed buildings. The
study also concludes that these buildings will have minimal impact on the
microclimate around the Falls. The planting of 9 metre tall deciduous trees along
Stanley Avenue is recommended to assist in mitigating wind impacts. This will need
to be secured in future site plan agreements.
The study concludes that adverse wind conditions will be created by the proposed
buildings which will affect pedestrian safety at the northerly entrance to the Our
Lady of Peace Chapel. These conditions should be mitigated as much as possible.
Therefore it is recommended that the amending zoning by -law for the southerly
building include a holding provision to secure a further microclimate study to
determine building /landscape mitigation measures to reduce wind impacts around
this entrance.
5. Archaeological Studies
The applicant has completed Stage 1, 2 and 3 Archaeological Assessments for the
site. The Stage 3 Assessment has been submitted to the Province for review as per
Provincial regulations, however Provincial sign -off on this study has not yet been
received.
The Stage 3 Archaeological Assessment recommends a Stage 4 Archaeological
Assessment be completed prior to development for 2 sites, one that approximately
covers the footprint of the north tower and one located immediately south -east of
the Loretto Academy Building. This study would determine remedies for conserving
archaeological resources (which may involve removal and cataloguing).
To ensure completion of the Stage 4 Assessment, it is recommended that a holding
provision be placed on all three parcels until the Stage 4 Assessment is complete
and appropriate approvals have been granted by the Province. It is expected that
excavations related to this Assessment would take place immediately prior to
construction.
February 28, 2012 - 9 - PD- 2012 -19
6. Scoped Environmental Impact Study
Portions of the site are covered with mature trees. A Scoped Environmental Impact
Study (EIS) was completed to address the Official Plan requirement for a tree
inventory and saving plan.
The study concludes that most trees will need to be removed to accommodate the
buildings, however 25% of the trees on the property could be saved. These trees
are mainly located along the east lawn area. The study also concludes that there
are no species at risk impacted by the proposed development. This conclusion has
been supported by the NPCA. The study recommends that additional native trees
and shrubs be planted on the property, and this will be addressed at the site plan
stage.
7. Traffic Study
The traffic study submitted with the application found that the surrounding streets
generally can accommodate the traffic generated by the development. Proposed
driveways into the development (one in front of the north building off of Livingstone
Street and two off of Stanley Avenue) would adequately serve the development.
The existing gated driveway off of Fallsview Boulevard is to be closed.
A 3 metre wide road widening will be required along the south side of Livingstone
Street from Stanley Avenue to the front of the north building, to accommodate traffic
and existing loading requirements. This widening will require a redesign of the porte
cochere in front of this building.
•
The Traffic Study notes that in the future there will be insufficient capacity at the
intersection of Stanley Avenue and Dunn Street, whether or not this proposal is
developed. The study recommends a right turn lane on the southbound Stanley
Avenue which will need to be confirmed by the Region of Niagara.
8. Zoning By -law
Three proposed buildings are intended to be built separately, therefore the applicant
has requested separate by -laws be passed for each of the parcels shown on
Schedule 2. The by -laws would contain provisions for the height, massing and
setbacks of the proposed buildings and their components. The location and
building height envelopes will be shown on a separate by -law schedule. The
increased height and density (massing) of the buildings will be secured through the
requirement of a Section 37 agreement under the Planning Act. To permit the
development of the north and south buildings for residential use the amending by-
laws for these two buildings would permit an apartment dwelling. The following site
specific relief is sought:
- Building heights: 118 metres (387 feet) requested for the south building, 197
metres (646 feet) requested for the central building and 141 metres (462
feet) metres requested for the north building.
February 28, 2012 -10 - PD- 2012 -19
Building podium heights: 21 metres (69 feet) requested for the three
buildings. Staff recommend the podium for the south building be limited to
17 metres (56 feet) to ensure the Our Lady of Peace Chapel is not unduly
impacted by scale and wind.
- Parking: 331 spaces proposed for the south hotel whereas 332 spaces are
required. The reduction in one parking space will not have off -site impacts.
Alternatively the proposed south hotel could be adjusted slightly to meet
current parking requirements.
- Landscaping: 32% requested for the south building parcel, 40% requested
for the central building parcel and 35% requested for the north building
parcel. This request will protect the east lawn area as recommended in the
HIA. Planning staff recommend a landscaping strip of 19 metres to 29
metres be secured along the east property line and 6 metres be secured
along Stanley Avenue as shown on Schedule 2.
- Loading spaces: 0 requested for the south building, 1 requested for the
central building and 1 requested for the north building. Given the design of
the site, loading would not have an impact off -site. At the consent stage
cross - easements should be secured to permit the south building
development to utilize the loading area adjacent to the central building.
10. Section 37 Agreements
Section 37 Agreements are permitted under the Planning Act to secure community
facilities, in return for increased height and density. As the three proposed parcels
may be developed independent of one another, a Section 37 Agreement should be
executed with the City for each parcel. All projects over 4 storeys in height in the
tourist areas are required to pay for streetscape improvements on abutting streets.
The streetscaping along Stanley Avenue abutting the land has already been
completed at the City's cost. The Section 37 Agreements should secure a cash
contribution forthis amount. As the streetscaping work along Livingstone Street has
not been completed, the Section 37 Agreement for the north building will require a
letter of credit to secure completion of the streetscaping. The estimated cost of all
the streetscaping is $388,000 based on the standard charge per lineal metre.
Developments over 30 storeys are required to make a cash contribution based on
5% of construction cost for the net floor areas over 30 storeys, in return for the
height increase. The net floor areas excludes elevators, stairwells, mechanical
rooms and ventilation /mechanical shafts. The estimated contribution for the
buildings are between $2.7 million and $3.4 million depending on the following
scenarios:
South building:
Hotel: $ 203,000
Condominium: $ 85,000
Central building: $2,269,000
North building:
Hotel: $ 988,000
Condominium: $ 410,000
February 28, 2012 -11 - PD- 2012 -19
As construction costs are different for condominium dwellings and hotels, the
Section 37 Agreements will need to contain clauses to accommodate various
options of hotels, apartment buildings or a combination thereof for the final
development. The Agreement could provide that a minimum contribution be
secured for the lower amount for the north and south buildings assuming residential
construction with provisions to require an additional contribution at the Building
Permit stage if the projects are developed as hotels instead.
The contributions are to be directed to one or more of the following municipal
community facilities:
- Gale Centre
- Portage Prospect (proposed public plaza at top of the incline railway)
- Livingstone Outlook (at Fallsview Blvd. and Livingstone Street)
- Millennium Trail
- Niagara Falls History Museum
- West End Fire Hall
- Proposed Bus Terminal on Stanley Avenue
As with other Section 37 Agreements the general architecture and design of the
project, as shown in the attached schedules, would be secured. In addition, as
requested by the Municipal Heritage Committee, the Section 37 Agreements would
require a Heritage Conservation Plan and the designation of both the Loretto
Academy and the east lawn under the Ontario Heritage Act after issuance of the
first Building Permit for the redevelopment.
CITY'S STRATEGIC COMMITMENT
The proposal is supported by the Economic Vitality Strategic Priority in that it provides a
new tourism product and it capitalizes on the opportunity generated by the adjacent
Scotiabank Convention Centre.
LIST OF ATTACHMENTS
► Schedule 1 - Location Map
► Schedule 2 - Site Plan
► Schedule 3 - East Elevations
Recommended By: / -Ljz, 1 ( 1 �
Alex Herlovitch,
Director of Planning, Building & Development
. ‘ 2 4A4Ai t
Respectfully Submitted:
Ken odd, Chief Administrative Officer
A.Bryce:mb
Attach.
S: \PDR\2012 \PD- 2012 -19, AM- 2010 -022, 6881 Stanley Avenue, Loretto Academy.wpd
February 28, 2012 -12 - PD- 2012 -19
SCHEDULE 1
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A the Zoning By -ta No. 79-200 February 2012
Location: 6881 Stanley Avenue
Applicant: 1149948 Ontario Limited
AM- 2010 -022
February 28, 2012 -13 - PD- 2012 -19
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Norma Guindon - ,DLO / C` - c
6489 Burwood Ave., 2e Fee GQ' � /a
Niagara Falls, Ontario y c
L2H 1Z6 eiJ(G� /
January 25, 2012
Director of Planning and Development
City Hall, 4310 Queen Street
Niagara Falls, Ontari
L2E 6X5
Thank you for the notification of the Open House Held Wednesday. I was unable to attend due to family
commitments.
I was unable to either See or comprehend schedule 1. However judging by the past I can comment.
If this is a request to increase the build cover of ground space, I am against it.
If this is a request to increase the paved areas , I am against it.
If this is a request to increase the height and density of the build I am against it.
If this is a request to undo or change offset requirements, I am against it.
If this is a request to lessen the small remaining green, open space, I am against it.
You will find in your records that I spoke against this development and I have not changed in any regard.
My concerns then are my concerns now.
Early in my residence in this city I participated in open meetings and discussions on the plan for the Tourist
District. I was pleased to see the City involved in planning for development with control although at great
cost to the taxpayer in fees, time spent by staff and council etc. However, since then I have never seen
City Council fmd a rezoning or non compliance application they didn't like. All plans should be flexible
but not to the point of negating the reason for the plan in the first place.
1 think both City Council and the Hotel owners have taken a very short term view . The reason people come
is to see the Falls in all its majesty and wonder as a miracle of nature. Each development so far has
minimised the impact of the Falls. The traffic has drowned its roar, the concrete wall surrounding it has
minimised its size and the sheer number of buildings has taken away the green and natural beauty of a
wonder of the world. The future tourists will be nature oriented and much concerned with our impact on the
climate and the earth. I would like to see all future proposals based on quality not quantity. I am sure this
is the way forward, and perhaps it is time to cease allowing ANY building close to the Falls.
My final concern deals with the impact of this and the other developments on the residents and taxpayers of
this city. The air quality , emergency services etc. , traffic patterns , etc., all impacting on our lives and our
finances..
Sincere y
°/°)-)
No a Guindon
' D
FEB 032012
PLANNING
& DEVELOPMENT
i ^rii 11 ?�
•
Niagara David E Gillis Direct:
Phone: 905/356 -2241, ext. 260
P arks 14, 1 Fax: 905/356 -7262
E -Mail: dgillis @niagaraparks.com
An agency of the Government of Ontario Since 1885
February 16, 2012
Andrew Bryce
Planner 2
City of Niagara Falls
City Hall, 4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Sir,
RE: AM 2010 -022
6881 Stanley Ave, former Loretto College
Official Plan and Zoning By Law Amendment Application
Hotel / Condominium Development
Thank you for the documentation and background information related to the above noted project.
The Niagara Parks Commission reviewed the application and we have no objection to the
development. We do however wish to ensure that certain aspects of the project do not adversely
affect the views from Queen Victoria Park.
In this regard, the Niagara Parks Commission requests that the development protects the green
space and trees on the river side of the project as shown on the submitted plans. We also request
that the development respect the Niagara Parks Act and Regulations, eg: signage requirements
(no third party signage) and that apartment or condominium policies ensure that all tenants/
owners are cognizant of the Niagara Parks Act and Regulations.
Yours truly,
D III ;S
David Gillis, MCIP, RPP
Manager, Planning & Properties
Infrastructure & Guest Services Support
DG /nh
RECEIVED
FEB Z 1 2012
PLANNING
& C VELOPMENT
Janice Thomson THE NIAGARA PARKS COMMISSION Fay Booker
Chair P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 General Manager
www.niagaraparks.com
1/1 (04-UI U (J'
r = OUNT
+ Q CARMEL
An ecumenical retreat and conference centre
7021 Stanley Avenue • Niagara Falls, Ontario L2G 7B7 • 905-356-4113 • Fax 905- 358 -2548
_ Box 767 • Niagara Falls, New York 14302 • www.carmelniagara.org
•
25 January 2012
Alex Herlovitch
Director of Planning & Development
City Hall
4310 Queen Street
Niagara Falls, ON L2E 6X5
RE: Assessment Role No 2725- 080 - 001 -10200
The Monastery of Mount Carmel has grave reservations regarding the
proposed changes to this plan, since they contravene the spirit and the
intent of the City's Official Plan. Specifically, the increase in the height of
the podium, the changes to the length and width ratios and the possibility
of having the tower portions being so close to the interior lot lines.
Formal objections will be made at the appropriate times.
Sincerely,
/ 4.,
Rev. Stanley E. Makacinas, O. Carm.
Director
•
RECEIVED
JAN 2 5 2012
& DEVELOPMENT
CD- 2012 -02
Niagararalls February 28, 2012
( 1Y f0.1
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Clerks Department
SUBJECT: CD- 2012 -02
Live Adult Businesses By -law
Sam's Montrose Inn, 8675 Montrose Road
RECOMMENDATION
That based on Bylaw 2009 -179, it is not in the public interest to amend the Live Adult
Businesses By -law (2002 -197, as amended) to warrant an increase in adult entertainment
parlours.
EXECUTIVE SUMMARY
The City's Live Adult Businesses By -law (2002 -197, as amended) when passed allowed
for four (4) adult entertainment establishments. The cease of operation and failure to
renew a licence at 5769 Ferry Street dropped the City's inventory to three establishments.
At Council's direction, staff brought forward an amendment to the by -law on November 16,
2009 reducing the number of permitted adult entertainment parlours to three(3). Council
determined it was no longer in the public interest to have four adult entertainment parlours
and that the market no longer required as many establishments.
Sam's Montrose Inn at 8675 Montrose Road is zoned industrial. As a result, the
establishment, with an amendment for some site specifics, was permitted to house a body
rub parlor. The establishment has operated lawfully for eight years. The owner, Simo
Bielich, is willing to close the body rub operation if permitted an adult entertainment parlour.
The Live Adult Businesses By -law would have to be amended to allow for a fourth adult
entertainment parlour. A zoning by -law amendment would also have to be undertaken by
the owner as any new adult entertainment parlours are restricted to 929 square metres and
in a stand alone building.
An amendment to the City's Live Adult Businesses By -law should only take place if the
Council is satisfied that the amendment would be in the public interest. Also, there may
be others, in the community, that have an interest in a licence if a fourth licence was made
available.
BACKGROUND
In November 2002, Niagara Falls City Council passed the Live Adult Businesses By -law
(2002 -197), a licensing by -law, and related zoning by -laws. The by -law "grandfathered" a
number of locations for adult entertainment parlours (AEP's) and body rub parlours. The
related locational requirements stipulated that future adult entertainment uses would be
restricted to lands zoned industrial. The by -law also set limits on the numbers of adult
entertainment parlors at four (4) and body rub parlours at five (5).
February 28, 2012 - 2 - CD- 2012 -02
One of the "grandfather" locations was 5769 Ferry Street, known as the Concord and, later,
the S.I. Lounge. The Niagara Regional Police Service (NRPS), who administer the
licensing and enforcement of AEP's on behalf of the municipality, confirmed that no
application for renewal of a licence occurred for the S.I. Lounge. Also, despite having a
valid licence in 2008, the business had not operated for much of that calendar year.
Niagara Falls City Council directed in late 2009 that the Live Adult Businesses By -law be
amended to reduce the number of permitted adult entertainment parlours to three (3).
Last fall, Simo Bielich, the owner and proprietor for Sam's Montrose Inn at 8675 Montrose
Road inquired about the opportunity for an AEP at his establishment. An adult
entertainment establishment is a permitted use at the location. A body rub parlour has
existed at the site for approximately eight (8) years. An AEP licence would not be possible
unless the body rub parlour ceased to operate, something Mr. Bielich was willing to do;
however, due to the 2009 amended to the by -law, all AEP licences (3) were accounted for.
To allow a fourth AEP establishment, Council would have to amend the by -law and
increase the number of AEP's to four (4).
This information was provided to Council at the October 14, 2011 meeting and the owner
made representations through legal counsel at the meeting. Council passed a motion that
the matter be referred to staff, soliciting comments from the Niagara Regional Police and
exploring options with the applicant.
ANALYSIS /RATIONALE
Police Services and Other Comments
As per By -law 96 -174, the City of Niagara Falls has an agreement with the Niagara
Regional Police Services Board to provide the administration, inspection and enforcement
services with respect to licensing and regulating AEP's. The NRPS made no judgment on
the possibility of an additional AEP. The letter from the By -law Enforcement and Licencing
Unit confirms that the NRPS will continue to provide the contracted services at any new
location.
As expected, some correspondences were received from religious groups and nearby
business operations. Although adult entertainment uses are often questioned on moral
grounds, they are permitted businesses and the location does permit such establishments.
The existing body rub parlour has operated without issue since 2004. Comments at the
time from the Butler Group, the consultants that studied adult entertainment and body rub
uses, indicated that "given the site's location away from residential areas, sensitive land
uses, the downtown area and tourist areas, the site is appropriate for this (adult) use and
in general conformity with the study." Although the Warren Woods subdivision is
proposed, arguably, an AEP at this location would still be farther way than residential uses
from the three (3) existing, legal non - conforming AEP's.
As noted in the letter from E.S. Fox, arguably a body rub parlour is a less intrusive adult
entertainment use than an AEP.
February 28, 2012 - 3 - CD- 2012 -02
The lawyer for Rudan Holdings makes the representation that his client decided not to
pursue the renewal of the licence 5769 Ferry Street, when he came upon the property in
a bankruptcy sale. The fact is that section 2(5) of Schedule "A" of the by -law provides that
if the licence for the adult entertainment parlour at a location is allowed to expire, the
designation of this property is repealed and issuing an adult entertainment licence for the
location becomes prohibited. Staff advised the NRPS and representatives of Mr. Rudan,
in 2009, of our position and that 5769 Ferry Street is no longer a permitted location for an
adult entertainment parlour. If a licence was available now, it would have to comply with
the Industrial zoning set out in the by -law.
As the public becomes aware of this matter coming to Council, there is a good likelihood
of more letters coming in, likely opposed to an additional AEP in the community.
If Council was to amend the by -law to increase the number of permitted establishments to
four (4), timing could be an issue, as the owner would still have some Planning issues to
resolve, which could result in someone else making an application, subject to applicable
zoning.
Planning
The Official Plan permits adult entertainment parlours in industrial areas, subject to a 300
metre separation distance from residential areas and such sensitive uses as places of
worship, schools, day care and community facilities and parks, and generally a 100 metre
separation distance from controlled access highways.
The subject land is designated industrial by the Official Plan. The Official Plan also
exempts the subject land from requiring a 100 metre separation distance between an adult
entertainment parlour /body rub parlour and the QEW.
The property is zoned Prestige Industrial (PI -505 and PI -662) with site specific provisions
that permit a hotel and ancillary outdoor volleyball courts, and a body rub parlour within the
same building as the hotel. Schedule C of Zoning By -law No. 79 -200 identifies the land
as within the industrially zoned area where adult entertainment parlours and body rub
parlours may be permitted.
An adult entertainment parlour is permitted within the PI zone provided it is within the area
identified by Schedule "C" of By -law No. 79 -200 and subject to the following regulations:
A separation of at least 300 metres from any other adult entertainment parlour or
body rub parlour.
- The adult entertainment parlour is to locate in a freestanding, single use structure.
A maximum floor area of 929 square metres is permitted for an adult entertainment
parlour.
The owner has indicated that he would cease the body rub parlour operation if granted an
approval for an AEP. It is assumed that the AEP would be within the existing hotel
building. At this time no detailed proposal has been submitted for review. Nonetheless,
a zoning by -law amendment application will be required to permit the AEP within the same
building as the hotel as well as removing the permitted body rub parlour use. In addition,
February 28, 2012 - 4 - CD- 2012 -02
the building and the site conditions do not appear to comply with the provisions of the PI
zone, including front yard depth and landscaped open space provisions. An application
would need to address any such deficiencies.
Exploring Other Options
Part of Council's motion in October was to explore other options with the applicant. It is
assumed that Council was interested in the possibility of one of the other legal non-
conforming AEP's leaving their current location to operate at Sam's Montrose. Although
it is understandable that Council would want existing legal non - conforming uses to move,
this would be a private business matter between business owners.
Public Interest/Market Conditions /Numbers
When Council amended the Live Adult Businesses By -law to reduce the number of AEP's,
the rationale was set out in the recitation lines of the by -law. As indicated, as the licence
for one of the four, legal non - conforming AEP's expired, as per the by -law, the designation
for the property was repealed. The Council felt it was not in the public interest to have four
AEP's in the community and the sporadic nature and failure of the establishment at 5769
Ferry Street indicated that there was not a market for four AEP's in the community.
What is an adequate number of AEP's in one community may not be the same in another.
As a result, staff has not done an extensive survey of other municipalities. In all likelihood,
Niagara Falls would likely have a higher number of AEP's per capita due to the industry
being well established here and the proximity to the border.
The most comparable municipality would be Windsor, which has six (6) AEP's for a
population of just more than 200,000 (approximately one AEP per 33,000 population). At
last count, Toronto had twenty -one (21) AEP's for a population of 2.5 million (approximately
one AEP per 120,000 population). Niagara Falls has one AEP per 27,000 population. An
additional AEP would bring the calculation to approximately one AEP per 20,000
population. In addition, there is an AEP in Thorold close to the Niagara Falls border. Of
course, our community also has annually a large number of visitors.
FINANCE /STAFFING /LEGAL IMPLICATIONS
The owner should demonstrate that it is in the public interest and there is a market case
to amend the by -law to warrant an increase in adult entertainment parlours. With regard
to a market case, it should be noted that Council removed the requirement of market
studies for significant retail development last term.
There is no prescribed method as to how a municipality makes a determination of what is
and what is not in the public interest, however, in cases involving sign by -laws, the courts
have commented favourably upon municipalities that hold public meetings before making
such a determination. Also, Council should refrain from increasing the number of licences
without hearing from other potential licensees. The current interested party is not the only
interested party, as evidenced by the letter from Mr. Rudan's lawyer. There would have to
be an open and transparent process for determining who would be entitled to the fourth
licence.
February 28, 2012 - 5 - CD- 2012 -02
Finally, if a fourth AEP was permitted, the owner, operators and dancers would all require
to go through the licensing process. The owner, operators and staff associated with Sam's
Montrose Inn have gone through the licensing process with regard to a body rub parlour
without issue. It should be noted that the supply of dancers has decreased when the
Federal government instituted restrictions on foreign dancers in 2007. As a result, a
number of AEP's are only open on the weekends.
CITY'S STRATEGIC COMMITMENT
Supporting and fostering growth in the small business sector, while maintaining a healthy
and safe community.
LIST OF ATTACHMENTS
► Letter from Police Services Board
► Letter from Broderick & Partners, as per Rudan Holdings
► Letter from E.S. Fox
► Letter from Grace Gospel Church
► Letter from Church at the Falls
► By -law 2009 -179, a by -law to amend by -law 2002 -197, the Live Adult Businesses
By -law.
Recommended by:
Dean lorfida, Ci Cler
Respectfully submitted: 1 *L-11-1j&
Ken Todd, Chief Administrative Officer
DI /AB /KB
Niagara Regional Police Service
FIIF. F+ .LS CLERK'S,' 12 01, 10:0i;
68 Church St, St. Catharines, Ontario, Canada L2R 3C6
Tel. (905) 688 4111 Fax. (905) 685 -5081
www.nrps.com nrps@nrps.com
A
Chief of Police Wendy E. Southall
January 20, 2012
Dean Iorfida
City Clerk
City of Niagara Falls
Dear Mr. Iorfida:
Re: Application for additional Adult Entertainer's Licence
Sam's Montrose Inn — 8675 Montrose Road, Niagara Falls, Ontario
This correspondence is in response to your inquiry in respect of the potential for an additional licence to
be issued by the City of Niagara Falls to the above -noted establishment.
As identified in your correspondence, the Niagara Regional Police Service is responsible for the
administration and enforcement of Niagara Falls By -law 2002 -197, being the "Live Adult Business By-
law" which regulates and licences adult entertainment establishments in the City of Niagara Falls.
Please be advised that should the City of Niagara Falls amend its by -law to provide for an additional
owner's licence, the Niagara Regional Police Service would continue to administer and enforce the by-
law at any new location.
If you have any questions or concerns, please do not hesitate to contact the undersigned.
Craig Labaune
Detective Sergeant #9531
By -Law Enforcement & Licencing Unit
Niagara Regional Police Service
'A. Fort Erie • Grimsby • Lincoln • Niagara Falls • Niagara -on- the -Lake • Pelham
Port Colborne • St. Catharines • Thorold • Wainfleet • Welland • West Lincoln �,,`
BARRISTERS AND SOLICITORS
Broderick&Partners LLP
Effective legal service in Niagara since 1951.
December 8, 2011
4625 ONTARIO AVE HAND DELIVERED
P.O. BOX 837
Ken Beaman
NIAGARA FALLS, ON City of Niagara Falls
CANADA L2E 6V6 P.O. Box 1023
4310 Queen Street
( 35s zszl Niagara Falls, Ontario
TEL L2E 6X5
FAX (905) 356-6904
Re: Rudan Holdings Ltd.
broderickpartners.com
As you are already aware, I act for Rudan Holdings Ltd. and Mr. Chris Rudan.
It is our understanding that a request for an adult entertainment licence has
J.J. BRODERICK been made in the City of Niagara Falls. I wish to re- iterate my client's
tLC.. L.S.IL
Law Society Certified concerns with respect to this development. As you will recall, the licence for
Mil litigation Specialist the former Concord aka Gentleman's Lounge lapsed in 2009. At that time, my
W.A. AMADIO client decided not to pursue renewal of this licence as the City of Niagara
Falls was looking to reduce the number of permitted adult entertainment
J.B. HOPKINS parlors from four (4) to three (3). In reliance on this representation, at that
G time in 2009, my client decided not to pursue the renewal of that licence
despite meeting all of the requirements for same. In fact, Niagara Falls City
LiI. BILBERT! Council directed in 2009 that the live adult business by -law be amended to
Fluent lnitaliw &French reduce the number of permitted adult entertainment parlors from four (4) to
R. B. BURNS three (3).
E.P. LUSTIG It is our opinion that based on the above history, there is not a licence
M Dl6IROLAMO available to be applied for. If Council is considering to amend the live adult
business by -law to increase the number of licences from three (3) to four (4),
Z. SASKIN it is our position that Mr. Rudan should be granted the fourth licence for his
Fluent ln Bosnian, Croatian property on Ferry Street. I have been instructed to vehemently oppose any
& Serbian
proposed request to Council to amend the live adult business by -law so to
D. F. MARINELLI increase the number of licences in the city of Niagara Falls.
(1945. 1997)
If you have any questions, please do not hesitate to contact me.
Yours truly,
BRODERICK & PARTNERS LLP
Per: -
ZIJAD SASKIN
ZS /smm
Anthony W. Pylypuk
Barrister & Solicitor
HI :. F1ILs CLERKS 7 11 1202 1113
80 King Street, P. O. Box 605 80, rue King, C.P. 605
Welland, Ontario Welland (Ontario)
L3B 5R4 L3B 5R4
Telephone: 905 735 2300 Telephone : 905 735 2300
Telecopier: 905 735 9230 Telecopieur : 905 735 9230
Email: awpylypuk @pylypuk.com Courriel : awpylypuk @pylypuk.com
December 2, 2011
Dean Iorfida, City Clerk
The Corporation of the City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Sir:
Re: Application by Sam's Montrose Hotel for an adult entertainment licence
for the premises situate at 8675 Montrose Road, Niagara Falls, Ontario
Further to our conversation on November 28, 2011, please find enclosed a letter from E. Spencer
Fox, III, president of E.S. Fox Limited, to yourself in the above- captioned matter.
Yours very oe„.)40,11,
Anthony W. Pylypuk
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HEAD OFFICE:
MAIL:
P.O. Box 1010 CO#dl "E sx e f'rt?:t5 HI cot. F , — ._
s ALLS CLERK '11 1 _'_ 4
9127 Montrose Road 7 5 YEARS
Niagara Falls, Ontario Canada
L2E 7J9
TELEPHONE: 905- 354 -3700 FAX: 905- 354 -5599
E -MAIL: esfox @esfox.com INTERNET: http: / /www.esfox.com
November 30, 2011
Dean lorfida, City Clerk
The Corporation of the City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Sir:
Re: Application by Sam's Montrose Hotel for an adult entertainment licence
for the premises situate at 8675 Montrose Road, Niagara Falls, Ontario
I write to express my personal and our corporate opposition to the above - captioned
application.
Sam's Montrose Hotel proposes to exchange its massage parlour licence which,
however questionable that activity may be, is a relatively low intensity intrusion into our
neighborhood, for an adult entertainment licence offering public nudity to throngs of
patrons.
Our opposition is founded upon the adverse impact a strip club at Sam's Montrose Hotel
would undoubtedly have on the enterprises of E.S. Fox Limited, its tenants and its good
corporate neighbours, including ALO North America Inc., Minacs Marketing Solutions,
Greater Niagara Golf Course, Niagara Square Shopping Centre and the new residential
development known as Warren Woods which when completed will encompass a
residential and recreational community designed to provide a sustainable, eco- friendly
community integrated with local school boards for `living lab' studies and recreational
programs.
For E.S. Fox Limited, which is a major employer in the local economy and which
regularly hosts present and potential customers from across Canada and indeed from
the four corners of the world, the presence of a house of dubious repute in its vicinity
would undoubtedly impact adversely upon its ability to secure business opportunities.
EDMONTON • HAMILTON • INGERSOLL • KINCARDINE • KINGSTON • NIAGARA FALLS • PICKERING • PORT ROBINSON • SUDBURY • THUNDER BAY • TORONTO
2
I believe the same considerations would also apply for our neighbours.
By reason of the foregoing, E.S. Fox Limited unconditionally opposes the above -
captioned application.
Yours tr
E . - • LIMITED
..____(----
Spencer Fox, III
President
/
ESF /eam
cc. Mayor Jim Diodati
Councillor Wayne Gates
Councillor Carolynn Ioannoni
Councillor Vince A. Kerrio
Councillor Bart Maves
Councillor Joyce Morocco
Councillor Victor Pietrangelo
Councillor Wayne Thomson
Councillor Janice Wing
Todd Shoalts, Acting Chair, The Regional Municipality of Niagara Police Services Board
Dana Hoover, ALO North America Inc.
Mark Harrietha, Minacs Marketing Solutions
Kathy McRae, Niagara Square Shopping Centre
Robert O'Dell, Warren Woods Land Corporation
. 5;. fir - 'i Y `. s h '. r .�`.: tl . , cY � i.:
G114C[ GOSPEL C1WRCll.... FALLS' CLERKS' 111128 x.2 e
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November 24, 2011
Dear Mayor Jim Diodati and Council Members:
I am grateful to know that you are trying diligently to make Niagara Falls a "family
friendly" place. As a concerned citizen and a pastor, I am writing to urge a
motion at City Council of Niagara Falls to reject the current application submitted
by Mr. Simo Bielich requesting an adult entertainment license.
I commend the Council's earlier decision to reduce the number of such
establishments from four down to three in 2009. As it is, these establishments
are poorly located across from family campgrounds and on a main tourist road.
We already face huge issues of crime, human trafficking through the sex trade,
and the challenge of making this city a safe place to live. While City Council may
not be able to change what has happened in the past, you do have the ability to
affect decisions now and for our future.
The addition of such a business, as well as its proposed location near a population
growth area in our city's southwest sector, exposed to the QEW, would not speak
well for our city —a world class destination as well as a great place to live and
raise a family. As you make this decision, please consider the families of over 300
concerned citizens in our church, along with many other like- minded citizens along
with your own families, and concerned residents throughout this great city.
Sincerely yours,
Pastor Rev. Martin Goode
mgoodeegraceniagara. ca . �// /
Youth Pastor R. Terry Miller ! ° / ,/
terry®gacervagara. co G' 5G // . _ _
Children "s Pastor Mr. Bruce Miller
bmiller ®gacenlagara ca. co
Visitation Pastor Rev. Ron Bergstrom Martin Goode
rbergstrom®gaceniogaro.co Senior Pastor
Secretary Mrs Heil Nickel
office®gaceniagara. ca
5856Vdtey Way . opy: Mr. Dean Iorfida, City Clerk
Niagara Fels ON L2E 1X9
905.354.2811
ww W. graceniagara. ca
/.G
A550C ,OSP, CHURCH.
1 -
4056 Dorchester Road - Niagara Falls, ON - 905 - 353 -0013
Meeting at the Niagara Square Cineplex
Dear Mayor Jim Diodati and Council Members:
I'm writing to express my support to a motion that the City of Niagara Falls council reject
Sam's Montrose Inn application for a live adult entertainment licence. This issue was
brought to my attention by the attached Niagara This Week newspaper article, concerned
residents of our city, members of the Church at the Falls Directional Leadership Team and
families throughout Niagara Falls that partner with our church.
Church at the Falls as a community of over one hundred and fifty partners and adherences
strive to create opportunities to support strong families. We can't believe that the licensing
of another live adult entertainment venue in our city supports this cause. Further, we
believe that granting this licence is counterproductive to providing a safe and crime free
community.
We empathize with your difficult responsibilities to make fair decisions. However, as a
Christian community we do not feel that the placement of an adult entertainment
establishment so close to our church is helpful or edifies our great city. We also believe
that crime may follow the licensing of this establishment and thereby increase our taxes.
Please think about families throughout this great city as you make this decision.
Brandon Duff
Lead Pastor
Join me this Sunday at Church at the Falls
part of NetworkChurches.tv
905- 353 -0013
brandon @churchatthefalls.com
www.churchatthefalls.com
November 10, 2011
attach.
Hutton, Richard. (October 25, 2011) From body rubs to nude dancers: Falls motel owner
offers to trade body rub licence for exotic dancing. Niagara This Week, retrieved
November 9, 2011 from http : / /www.niagarathisweek.com/news /article /1231478- .from -
body -rub s -to- nude - dancers
Exotic dancers will be taking it all off at Sam's Montrose Inn once again if the owner gets his way. Sam
Bielich, owner of the hotel which currently houses a licensed body rub parlour, wrote in a letter to City
Clerk Dean Iorfida that his grandfather held the first adult entertainment licence in the city for the inn
dating back to 1967. Currently, the inn is a country music bar.
In the letter, Beilich said that he and lawyer David Crowe had attempted to get the license back "several
years ago" and was told that only four licenses were issued to allow for strip clubs under the City's Live
Adult Business Bylaw. He said that it "was indicated to me that if the Concord or Mints wanted to
relocate that the Montrose hotel would be the No. 1 spot."
George Radicic, a lawyer representing Bielich, said he was well aware that he would have to
"relinquish" the body rub licence and that Bielich was willing to do so if it meant getting an approval
from council for an adult entertainment license. Bielich has been operating Vibrations, a licensed body
rub parlour at Montrose Road, since 2004. In a written response to Bielich, Iorfida wrote that as it stands
now, there are only three licences issued after council amended the bylaw when the Concord — also
known at the time as the Gentlemen's Lounge — closed its doors.
"Council would have to amend the Live Adult Business Bylaw to increase the number of licences for
your request to be considered," Iorfida wrote.
On Monday, Radicic said he acknowledged opening another strip club was a "sensitive, delicate issue"
but that his client felt the hotel's location on the fringes of the city made it a logical spot for such an
establishment.
Councillor Janice Wing agreed. "I would certainly argue that this location is better than anywhere else,"
Wing said. "I move we refer this to staff and ask the (Niagara Regional Police) for comment and explore
various options with the applicant."
Council proceeded to do just that.
CITY OF NIAGARA FALLS
By -law No. 2009 - 179
A by -law to amend By -law 2002 -197, the Live Adult Businesses By -law.
WHEREAS in November 2002, Niagara Falls Council passed the Live Adult Businesses By -law
(the "By- law "), a licensing by -law; and
WHEREAS the by -law grandfathered four (4) existing locations for adult entertainment parlours;
and
WHEREAS one of the four (4) permitted adult entertainment parlours was located at 5769 Ferry
Street; and
WHEREAS the licence under the By -law for 5769 Ferry Street expired at the end of December
2008; and
WHEREAS the licence for 5769 Ferry Street was not applied for or renewed in 2009, as per the By-
law; and
WHEREAS section 2(5) of Schedule "A" of the By -law provides that if the licence for the adult
entertainment parlour is allowed to expire, the designation of the property is repealed and issuing
an adult entertainment licence for the location becomes prohibited; and
WHEREAS based on section 2(5) of Schedule "A" of the By -law, the issuance of an adult
entertainment licence is prohibited at 5769 Ferry Street; and
WHEREAS on November 2, 2009, Niagara Falls City Council passed a resolution that it was no
longer in the public interest to have four (4) adult entertainment parlours in the municipality; and
WHEREAS the failure of the adult entertainment parlour at 5769 Ferry indicates that the Niagara
Falls market requires no more than three (3) adult entertainment parlours.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Schedule A, section 2(1)(a) is hereby amended by deleting the word "four" and replacing it
with the word "three ".
2. Schedule A, section 2(1)(b) is hereby amended by deleting the word "four" and replacing it
with the word "three ".
3. Schedule A, section 2(2) is hereby amended by deleting the word "four" and replacing it with
the word "three ".
-2-
4. Schedule A, section 2(4) is hereby amended deleting (1) 5769 Ferry Street.
5. Schedule A, section 2(4) is hereby amended to read as follows:
(1) 8860 Lundy's Lane
(2) 8870 Lundy's Lane
(3) 5951 Main Street
6. These amendments take force and effect as of November 3, 2009.
Passed this sixteenth day of November, 2009.
p, 277:-UCSdAn
DEAN IORF I A, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: November 16, 2009.
Second Reading: November 16, 2009.
Third Reading: November 16, 2009.
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Epilepsy l {� N a a r /
l� p L (. pJy L t�t�l�! lit T: 905-353-1096
EPILEPSY F: 905- 353 -0758
Niagara Email: info @epilepsyniagara.org
http: / /epilepsyniagara.org
Board of Directors: December 14, 2011
Desa Boric
President
Beverly Chavers
Secretary ATTN: Mr. Dean lorfida, City Clerk
Stephanie Christian City of Niagara Falls
Treasurer 4310 Queen Street
Niagara Falls, ON L2E 6X5
Tahera Vawda
Director
Gabriel Tiberi RE: REQUEST FOR PROCLAMATION FOR MARCH TO BE DECLARED AS EPILEPSY AWARENESS MONTH
Director
Claudia D'Jesus Dear Mr. lorfida,
Director
Please accept this letter as Epilepsy Niagara's official request for a motion to proclaim and declare March as Epilepsy
Charles Steel Awareness month in Niagara Falls.
Director
Epilepsy is a common, serious neurological condition that affects approximately 1 in 100 Canadians.
Natalie Sprott Within the , Niagara Region, approximately 5,000 people are living ith epilepsy or a seizure disorder. Statistics show
Director g g pp y p eo p g
that for every ONE person who is living with epilepsy, there are at least FOUR more people that are also affected.
This then tells us that there are more than 20,000 people within our Region that are living with or affected by this
Staff: very misunderstood condition.
Kristin Welton In partnership with the Canadian Epilepsy Alliance, Epilepsy Niagara raises awareness across the Region, and we
Executive Director encourage people to show their support and understanding about epilepsy and seizure disorders. With the many
myths and misunderstandings surrounding this condition, many of our clients struggle with social disorders,
Bob Romeo depression, suicide, bullying, isolation, poverty, employment issues, prejudice, disrespect, and discrimination. It is
Community Outreach our goal to make the Niagara Region a 'Seizure Aware' community — a place where epilepsy is not only understood,
Coordinator but those living with epilepsy will feel accepted and respected.
Since 2008, Epilepsy Niagara has had the support of the Niagara Parks Commission in illuminating the Horseshoe Falls
Special thanks to and this past March, the Peace Bridge was lit up for the first time in support of Epilepsy Awareness. For March 2012,
we are encouraging the illumination of more buildings and landmarks, we will be hosting our first Gala event, and we
have also invited all elementary and secondary schools to help us in creating awareness within the Region.
United Way We are requesting for your support in assisting us to generate a successful awareness campaign by officially
proclaiming March as Epilepsy Awareness month in the city of Niagara Falls. We feel that this is the first important
and necessary step to spread this proclamation across the Region.
Ontario ,� Fondation
Trillium rrifium If you have any questions or concerns regarding this important request, please don't hesitate to contact me.
Foundation Al / , de !'Ontario
V Sincerely,
[1'ILEPS\
�--� Bob Romeo
Community Outreach Coordinator
� p r*, communitypepilepsyniagara.org
I_. f `l'll.Ll "rIl
•
• •
EPILEPSY
Niagara
March is Epilepsy Awareness Month. Within Niagara, approximately 5,000 people
are living with epilepsy or a seizure disorder.
Epilepsy Niagara's mission is to improve the quality of life for the people living with
epilepsy and /or affected by epilepsy throughout the Niagara Region.
There is a stigma associated with the condition of epilepsy, a stigma we would like
to erase.
By creating awareness we will be educating the community to understand and
accept those who suffer from epilepsy. 1 in 10 people will have a seizure in their
lifetime, it is important to know how to react and handling the situation properly.
Throughout the month of March awareness will be spread throughout the
community as well as events scheduled. A Gala will take place on Friday March 30th
at John Michael's Banquet & Conference Centre in Thorold.
March 26 in particular is recognized as Purple Day. Purple Day is an idea that
Cassidy, a nine year old girl from Nova Scotia who has epilepsy created. She
decided that there should be one special day each year so that kids and grown- ups
with seizures wouldn't feel so alone.
On this day the Falls will be Illuminated Purple as well as the Peace Bridge in Fort
Erie. The community will be urged to wear purple that day to create awareness. We
urge that as leaders and ambassadors of the city, you will choose to lead by
example.
Epilepsy Niagara presents the lit yi nnual
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: +► _ Tickets are $ 65.00 each and can be purchased at.
ti Epilepsy Niagara. To reserve your tickets, call 905-353 -
1 096 before March 1 5th. Tickets must be paid in full
# .L. by March Z0, 2012.
Proceeds are to benefit Epilepsy.Niagara's support,
education and employment programs.
-. CRA No. 82439 21 20
{ - This evening is brought to you by
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(2/22/2012) Dean Iorfida Letter Nia9ara docx Page
February 13, 2012
Mayor Jim Diodati
Mayor's Office
The City of Niagara Falls
4310 Queen Street, P.O. 1023
Niagara Falls, Ontario
Canada
L2E 6X5
Dear Mayor Diodati and members of council,
In 2012, The Fresh Air Fund looks forward to its 136th summer of providing free summer vacations in
rural and suburban communities to low- income children from New York City! The city of Niagara Falls
continues to provide a beautiful setting for the hundreds of Fresh Air children who visit each year. In
fact, a total of nearly 4,000 boys and girls between the ages of six and 18 will participate in our
Volunteer Host Family Program this summer, enjoying new experiences and making lifelong friends
throughout 13 Northeastern states and Canada.
There are many more New York City children who can benefit from summer days spent in suburban and
small town communities. We would greatly appreciate your help with reaching out to families who
might enjoy hosting Fresh Air Fund children this summer by proclaiming March 20, 2012 "Fresh Air
Fund Day" in Niagara Falls. Your participation will be a great help to the host recruitment efforts of our
volunteer leaders in your city.
Since 1877, The Fresh Air Fund has provided free summer vacations to more than 1.7 million children
from low- income neighborhoods. Fresh Air Fund youngsters leave hot city streets behind for up to two
weeks of simple summertime fun — running through grassy fields, swimming in lakes and gazing at star -
filled skies. For many of these children, a free Fresh Air vacation is their first time away from the inner -
city, and host families tell us that they gain more from the experience than their Fresh Air visitor. With
your help, we hope to create these special bonds for more Canadian families and New York City
children, through the proclamation of "Fresh Air Fund Day" on March 20th.
Attached please find a sample proclamation and background materials for your review. Thank you for
your time and consideration.
Sincerely,
Eileen Lucas Jenny Morgenthau
Catherines, ON Executive Director
(905) 646 -2046
th Fres/i Aii fund
crv vi n,c !w"
FACTS ABOUT THE FRESH AIR FUND
THE FRESH AIR FUND, an independent, not - for - profit agency, has provided free summer vacations to more
than 1.7 million New York City children from low- income communities since 1877.
Nearly 9,000 New York City children enjoy free Fresh Air Fund programs annually. In 2011, close to 4,000
children visited volunteer host families in rural, suburban and small town communities across 13 states from
Virginia to Maine and Canada. 3,000 children also attended five Fresh Air camps on a 2,300 -acre site in Fishkill,
New York. The Fresh Air Fund's year -round camping and after - school programs serve an additional 2,000
young people each year.
FRESH AIR CHILDREN
Children are selected to participate in The Fresh Air Fund's programs based on financial need. Children are
from low- income communities. Fresh Air youngsters are registered by more than 90 social service and
community organizations in all five boroughs of New York City.
FRESH AIR FUND VOLUNTEER HOST FAMILY PROGRAM
Fresh Air boys and girls from six to 18 years old visit over 300 rural, suburban and small town communities,
called Friendly Towns, during the summer. Fresh Air children on first -time visits to Friendly Town host families
are six to 12 years old and stay for one to two weeks. Sixty -five percent of all children are reinvited to stay with
the same host families, year after year. Reinvited youngsters may continue with The Fresh Air Fund through
age 18, and many spend the entire summer in the country. Fresh Air children and volunteer families often
form bonds of friendship that last a lifetime.
VOLUNTEER HOST FAMILIES
Fresh Air Fund volunteer host families open their homes to inner -city children for one to two weeks or more in
the summertime. Each Friendly Town community is supervised by a committee of volunteer leaders.
Committee members select host families after reviewing their applications, visiting them in their homes and
checking their personal references.
There are no financial requirements for hosting a Fresh Air child. The majority of hosts simply want to share
their homes with inner -city youngsters. Host families are not paid. The Fresh Air Fund has a program for
placing children who have special physical or emotional needs.
FRESH AIR FUND CAMPING PROGRAM
3,000 New York City youngsters, ages eight to 15, attend five Fresh Air camps on a 2,300 -acre site in Fishkill,
New York. Camp Hidden Valley is for boys and girls with and without special needs, eight to 12 years old;
Camp Tommy is for 12- to 15- year -old boys; Camp Hayden -Marks Memorial is for nine- to 12- year -old boys;
Camp Mariah is a coed camp for 12- to 14- year -old career campers; and Camp Anita Bliss Coler is for girls,
nine to 15 years old. For 13- to 15- year -olds at Camp ABC, The Fresh Air Fund has established the Precious
Center for Teen Leadership intended to give young women a safe, nurturing environment to focus on their
futures. Additionally, many young people participate in year -round weekend camping experiences. Special
features shared by all camps include a planetarium, model farm, wilderness trail and ropes course. Camp
Tommy is named in honor of designer Tommy Hilfiger for his dedication and support of Fresh Air children.
CAREER AWARENESS PROGRAM
The Fresh Air Fund's innovative Career Awareness Program is designed to help New York City youngsters
understand the relationship between school and work and how to make choices that will determine their
futures. In New York City, 12- to 14- year -olds participate in job shadowings that offer close -up views of
business, receive after - school tutoring with volunteer tutors, and attend a career fair. The year -round program
includes weekend camping trips and an intensive three - and -a -half week summer session at the Career
Awareness Camp — Camp Mariah. The career camp is named in honor of Board member /singer Mariah Carey
for her dedication, support and commitment to Fresh Air youngsters. Career awareness graduates continue to
receive support through the PreOccupations Club and benefit from the guidance of volunteer mentors.
FRESH AIR FUND HISTORY
In 1877, the Reverend Willard Parsons, minister of a small rural parish in Sherman, Pennsylvania, asked
members of his congregation to provide country vacations as volunteer host families for children from New
York City tenements. This was the beginning of The Fresh Air Fund tradition. By 1884, Reverend Parsons was
writing about The Fund for New York's Herald Tribune, and the number of children served grew. In 2011, close
to 9,000 New York City children experienced the joys of summertime in Friendly Towns and at five Fresh Air
Fund camps in upstate New York.
FRESH AIR FUND CONTRIBUTIONS
The Fresh Air Fund is a not - for - profit agency, depending primarily on support from private contributions. It
costs The Fresh Air Fund $917.00 for a visit with a volunteer host family and $1,655.00 to send a child to Fresh
Air camp. Over 75% of The Fund's contributions come from individual donors. Tax - deductible contributions
may be sent to The Fresh Air Fund, 633 Third Avenue, 14th Floor, New York, NY 10017. Families who wish to
be hosts, or parents who would like to sign up their children, may call The Fresh Air Fund at (800) 367 - 0003 or
visit www.freshair.org.
NEW YORK CITY VOLUNTEERS
The Fresh Air Fund has an active group of New York City volunteers. Metropolitan area volunteers help reach
out to New York City parents and children, support Camping, Career Awareness and Volunteer Host Family
programs and seek in -kind donations. To volunteer, call (212) 897 - 8900 or visit www.freshair.org.
SPOKESPERSON FOR THE FRESH AIR FUND
Jenny Morgenthau, Executive Director
(212) 897-8898
PUBLICITY CONTACTS
Jake Grinsted, Director of Public Relations
(212) 897-8890
Andrea Kotuk, Andrea & Associates
(212) 353-9585
The Fresh Air Fund • 633 Third Avenue, 14` Floor, New York, NY 10017 • (800) 367 -0003 • www.freshair.org
(2/22/2012) Dean lorfida - SAMPLE PROCLAMATION Niagara Falls docx Page 1 I
SAMPLE PROCLAMATION
WHEREAS The Fresh Air Fund provides free summer vacations in the country to close to 9,000 New York
City children each summer, and
WHEREAS The Fresh Air Fund allows city youngsters to visit the homes of volunteer host families in 13
states and Canada, and
WHEREAS Niagara Falls families have been participating in The Fresh Air Fund Friendly Town program
for over 130 years, and
WHEREAS The Fresh Air Fund allows New York City youngsters to enjoy Niagara Falls backyards, parks,
and wide open spaces, and
WHEREAS The Fresh Air Fund is celebrating its 136th summer,
NOW, THEREFORE BE IT RESOLVED THAT I, Jim Diodati, Mayor of the City of Niagara Falls, do hereby
proclaim March 20, 2012 to be:
"FRESH AIR FUND DAY"
in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund.
Memorandum
TO: Dean Iorfida, City Clerk DATE: Tuesday, February 21, 2012
FROM: Beth Angle, Community Development Coordinator
Recreation & Culture Department
RE: Arts & Culture Committee Appointments
Recommended New Members
Laurie Crain -Anez, Torena Gardner - Durdle, and Nicolina Maruca resigned from the Arts & Culture
Committee since their appointment to the 2011 -2014 term of the Arts & Culture Committee. The
resignations brought the total number of committee members down six, which is below the
recommended minimum of eight, and substantially below the maximum of twelve.
As per the General Terms of Reference to Advisory Committees of Council approved in 2011,
City Council may choose to not fill a vacancy(s), go the runner up list from the beginning of the
Council term, or accept recommendations from the Advisory Committee.
There were no runners -up from the original application process and the Arts & Culture Committee
would like to make recommendations to fill the six vacant spots.
The Arts & Culture Committee is recommending that the vacancies be filled by Jordan Fry, Priscilla
P. Brett, Leona Grandmond, Angela Heppner, Laura Moffat, and David Fanstone. Please see
attached for additional information on the recommended individuals.
(2/22/2012) Dean lorfida Fwd Winter Sidewalk Clearing Sinnicks Ave (West Side) OnGoin Com taint File # 2011002913@e 1_
From: Sarah Conidi
To: Dean Iorfida
Date: 2/16/2012 10:08 AM
Subject: Fwd: Winter Sidewalk Clearing - Sinnicks Ave (West Side) - OnGoing Complaint File #
2011002915
»> "Rick Lundy" <rlundy1@ cogeco.ca> 2/14/2012 7:40 PM »>
Dear Mayor Jim Diodati and City of Niagara Falls Council Members,
I have received information that a directive of Council at the January 25, 2012 Council Meeting was made
to reinstate winter sidewalk clearing on various streets including Sinnicks Ave. I am both very disappointed
and displeased by this decision.
After complaining about the annual sod damage and unsightly mess caused by the winter sidewalk
clearing, I was ecstatic that Council had adopted the recommendations of Municipal Works Report # MW-
2011 -54. As you are aware the report recommended the proposed removal of sidewalk clearing for the
west side of Sinnicks Ave from Thorold Stone Road to Mayfair Drive. Finally a solution that unfortunately
was short lived. On January 13, 2012 further damage occurred and to add to this compounding frustration
the directive issued to reinstate sidewalk snow removal on January 25th. I have previously submitted
information and photographs via e-mail. Complaint File #2011002915.
I am not aware of the reason for this reinstatement and alarmed that the City has incurred $60,000. in
costs for sod restoration. Please note that I take it upon myself to clear the snow in front of my residence
and am of the opinion that this damage and waste of tax dollars is totally unnecessary.
I would respectfully ask that you reconsider your directive in regards to the clearing of snow along the west
side of Sinnicks Ave.
Sincerely,
Rick Lundy
3263 Sinnicks Ave,
Niagara Falls
H- 905 - 354 -2467
rlundyl (a�cogeco.ca
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Clerks Department
Inter - Department Memorandum
TO: Mayor James M. Diodati DATE: February 28, 2012
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Donna Mancuso Request
A communication was received by Ms. Donna Mancuso opposing the request to the Region to name
the extension of Thorold Stone Road as "Terry Fox Way ". Ms. Mancuso would like the extension
named after her father, Pete Mancuso. Mr. Mancuso has extensive involvement in sport in the
community. He was first inducted into the builder category of the Sports Wall of Fame in 2002.
Some clarification:
The City is not the road authority for Thorold Stone Road or the proposed extension of Thorold
Stone Road, which Council would like to see named "Terry Fox Way ", as per the resolution
passed at the last Council meeting.
The Region is the road authority and the decision rests with the Region, not the City. As part of their
process, the Region will give public notice of any possible street name change and have a public
meeting. Ms. Mancuso could make representations at the future meeting at the Region.
There will be an internal road that will have to be built leading to the Gale Centre. The name or
method of naming the internal road has not been determined yet. There has been some suggestion
of selling the naming rights of the internal street..
Council could forward Mr. Mancuso's name for consideration for the internal road or another street
in the community.
RECOMMENDATION: For the Consideration of Council
1)/(111
Working Together to Serve Our Community
(2/22/2012)
0 Dean Iorfida Council Meeting
Page 1
From: Donna Mancuso <d.mancusol9 @hotmail.ca>
To: <diorfida @niagarafalls.ca>
Date: 2/21/2012 1:30 PM
Subject: Council Meeting
Good Afternoon Sir: I would like to be put on the agenda for the next council meeting if there is room or
for the next one available.
It is in regards to the naming of the street going to the Gale Centre being named after Terry Fox.
I'm totally against it and have been petitioning for it to be named after my father PETE MANCUSO.
Someone who was born and raised in this city and devoted 50 years of his life coaching and mentoring
youth in
sports.
Kim Craitor will also be attending this meeting with me along with other supporters after 1 put the date on
Facebook.
Thank you and I will await you speedy response.
Donna Mancuso
d.mancusol 9 @hotmail.ca
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CITY OF .CANADA
N IAGARA FAD
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS Private member's bill C -311 has been introduced in the House of Commons to amend the
Importation of Intoxicating Liquors Act (the "Act "), a law passed in 1928 to combat bootlegging; and
WHEREAS the Act makes it illegal to bring a bottle of wine from one province to another; and
WHEREAS many Canadian travelers may not realize that the Act prohibits them from bringing home
a bottle of wine while on vacation; and
WHEREAS Bill C -311 create a personal exemption from the Act to allow individuals to either directly
import, send, take or transport, or cause to be imported, sent, taken or transported wine only for
personal consumption.
THEREFORE BE IT RESOLVED that Niagara Falls City Council indicate its support for Bill C -311
and notify the local Member of Parliament.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
Lffiegi
S
CITY OF . CANADA
N IAGARA FAAST -
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS there are over two dozen licensed fruit (non - grape) wineries in Ontario; and
WHEREAS the product of many of these fruit wineries is 1005 produced in Ontario; and
WHEREAS fruit wineries do not currently qualify for VQA (Vintners Quality Alliance of Ontario)
certification; and
WHEREAS without VQA certification, fruit wineries are required to remit 58% of every LCBO
(Liquor Control Board of Canada) sale to the Provincial government; and
WHEREAS the fruit wine industry have developed a Fruit Wine Quality Certification (FWQC) that
would allow maintenance of 100% Ontario product, while allowing these wineries to prosper; and
WHEREAS the proposed Bill 132, in 2009, would have allowed fruit wines to be sold at farmers
markets, a practice allowed in four other provinces.
THEREFORE BE IT RESOLVED that the Ministry of Consumer Services be petitioned to either
amend the Vintners Quality Alliance Act to allow fruit wines, 100% grown and produced in Ontario,
to qualify for quality certification; and
FURTHER BE IT RESOLVED that the Province introduce legislation to allow the sale of fruit wines
at Ontario farmers markets.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR
m
0
Cn
F- 2012 -07
Niagara February 28, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2012 -07
Monthly Tax Receivables Report
RECOMMENDATION
That Council receive the Monthly Tax Receivables report for information purposes.
EXECUTIVE SUMMARY
This report is prepared monthly to provide Council with an update on the City's property
tax receivables. Outstanding taxes as of January 31, 2012 were $17.7 million compared
to $18.7 million in 2011. During January, tax receivables as a percentage of taxes billed
decreased from 11.2% in 2011 to 10.5% in 2012. The City's finance staff has begun the
tax collection process for properties that are subject to registration for 2012. There are
currently nineteen properties scheduled for tax sale in the next two years.
BACKGROUND
This report is being provided as part of the monthly financial reporting to Council by staff.
It is also submitted to our banking institution for compliance with our banking agreement.
ANALYSIS /RATIONALE
Tax collection for 2012 improved during the month of January. Table 1 shows that taxes
outstanding at January 31 2012 are $17.7 million. This represents a decrease from $18.7
million in arrears for the same period in 2011. Finance staff continues to actively pursue
property owners in arrears.
Table 2 provides the breakdown of outstanding taxes by assessment class. The majority
of outstanding taxes are for residential and commercial properties. The chart shows that
the taxes owing from the commercial property class have decreased from a year ago,
whereas the residential property class has increased.
Finance staff takes specific collection actions for properties that are subject to registration.
These action steps have been outlined in previous reports. At January 1, 2012, 403
properties were subject to registration. Table 3 summarizes the progress of these actions
after one month of activity. This table shows 44.1 % of the tax accounts or 178 properties
have been paid in full or the owners have made suitable payment arrangements. During
January, thirty accounts were paid in full.
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
February 28, 2012 - 2 - F- 2012 -07
Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of January, two registered properties were redeemed. The
outstanding taxes for registered properties represent 7.0% of the total outstanding taxes
at month end.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to
its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
January 31, 2012 is 10.5% which is a decrease from 2011's value of 11.2 %. The
municipality has a record of full collection and earns significant penalty revenues to offset
the higher measure.
LIST OF ATTACHMENTS
Table 1 Taxes Receivable at January 31, 2012
Table 2 Taxes Receivable by Property Class at January 31, 2012
Table 3 Number of Properties Subject to Registration
Table 4 Scheduled Tax Sales Dates for Registered Properties
Recommended by:
Todd Hard. on, Dir- tor of Finance
Respectfully submitted:
Ken Tod , Chief Administrative Officer
A. Felicetti
TABLE 1
Total Taxes Receivable
Owing at January 31, 2012 2012 2011
Outstanding Taxes @ January 1, 2012 $ 18,304,517 $ 19,567,496
Penalty charged in January $ 197,267 $ 208,958
Taxes Collected during December $ 823,783 $ 1,028,966
Outstanding Taxes @ January 31, 2012 $ 17,678,001 $ 18,747,488
TABLE 2
Taxes Receivable by Property Class
as at January 31, 2012
2012 % of Class 2011 % of Class
Taxes Owing Taxes Owing
Residential $ 7,434,195 42.05% $ 7,281,221 38.84%
Multi- Residential $ 222,344 1.26% $ 273,261 1.46%
Commercial $ 9,368,225 52.99% $ 10,435,192 55.66%
Industrial $ 612,997 3.47% $ 750,231 4.00%
Farmlands $ 40,241 0.23% $ 7,582 0.04%
Total Receivables $ 17,678,001 100.00% $ 18,747,488 100.00%
TABLE 3
Properties
Subject to
Registration
as at January 31, 2012
Initial Amount 403
Paid in Full 30 7.4%
Payment Arrangements 148 36.7%
Ongoing Collection 225 55.8%
Action
Registered 0 0.0%
403 100.0%
TABLE 4
Scheduled Number Taxes
Tax Sales of Oustanding
Date Properties Amount
May 2012 3 $ 759,964
November 2012 8 $ 90,922
May 2013 8 $ 384,712
Totals 19 $ 1,235,598
MW- 2012 -12
NiagaraJalls February 28, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works
SUBJECT: MW- 2012 -12
Drinking Water System Summary Reports
RECOMMENDATION
That this report be received and filed.
EXECUTIVE SUMMARY
In accordance with the Safe Drinking WaterAct, each municipal Council having jurisdiction
over its water distribution system is required to receive and publish an Annual Summary
Report prior to March 31 in each calendar year. This report provides technical data
regarding the system's performance.
Additionally, attached is the DWQMS Management Review which is to be provided to the
system Owner annually. The Management Review evaluates the suitability, adequacy and
effectiveness of the quality management system.
This year's report confirms that the City is operating in accordance with all current
legislation and is taking appropriate measures to guarantee the safety of the drinking water
quality to all of its consumers.
BACKGROUND
Each year the Annual Summary report is presented to Council to illustrate the effectiveness
and performance of the drinking water system. No significant operational changes or
events occurred during 2011. The attached Annual Summary report provides detailed
quantitative and qualitative information regarding the performance of the drinking water
system.
Also attached is the DWQMS Management review. The purpose of the Management
review is to evaluate quality management system on an annual basis.
An important note entering 2012, is Section 19, of the Safe Drinking WaterAct, 2002 will
be coming into force on December 31, 2012.
Section 19, entitled Standard of Care, Municipal Drinking Water System states that the
Owner and /or each person on behalf of the Municipality that oversees the operating
authority or exercises decision making authority over the system must exercise the level
of care, diligence and skill in respect of a municipal drinking water system that a
reasonable prudent person would be expected to exercise in a similar situation.
Section 19, in its entirety has been attached for your reference.
February 28, 2012 - 2 - MW- 2012 -12
FINANCIAL IMPLICATIONS
None.
LEGAL IMPLICATIONS
In accordance with the Safe Drinking Water Act, the Annual Summary Report must be
received by the drinking water system owner by a date of no later then March 31 of the
following year. Failure to submit this would contravene the Safe Drinking Water Act.
The drinking water quality management standard requires that the results of the
Management Review be provided to the Owner on an annual basis. Failure to provide the
results would initiate a non - conformance with the standard.
CITY'S STRATEGIC COMMITMENT
This report and the attached water distribution system annual summary report are
consistent with Council's strategic commitment to continually monitor the efficiency and
effectiveness of the City's operations.
LIST OF ATTACHMENTS
1. City of Niagara Falls Water Distribution System Annual Summary Report
2. 2011 DWQMS Management Review
2. Section 19 - Standard of Care, Municipal Drinking Water System
Recommended by: ,T
Geoff Holman, Di ctor of Munici al Works
Respectfully submitted:
p Y
Ken Todd, Chief Administrative Officer
James Sticca /Geoff Holman
MW- 2012 -12 Attachment #1
Niag ara ails
CANADA
City of Niagara Falls
Water Distribution System
Annual Summary Report
Period: January 1, 2011 to December 31, 2011
Waterworks Number: 260002304
Created February 2012
Table of Contents
Introduction 1
Waterworks Description 1
Compliance 2
Municipal Drinking Water Licensing Program 2
Safe Drinking Water Act 3
Niagara Falls Water Quality Test Results 4
Adverse Water Quality Incidents and Actions 4
Operational Activities 5
Flow Rates 6
Definitions 7
City of Niagara Falls Water Distribution Annual Summary Report
Introduction
In accordance with the Safe Drinking Water Act this report provides members of Niagara
Falls Municipal Council, the legal Owners of the water distribution system with an annual
summary report of actions that took place from January 1, 2011 to December 31, 2011.
In accordance with the Act, this report must list any time the City failed to meet the
conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works
Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the
Environment. For each requirement not met, the report must specify the duration of the
failure and the measures taken to correct the failure.
Additionally, the report must list the summary of the quantities and flows of the water
supplied.
Waterworks Description
The City of Niagara Falls is a class 2 water distribution system, which receives all treated
water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment
Plant. The raw water source is surface water supplied from the Niagara River, via the
Welland River.
The distribution system consists of approximately 440 km of watermain, 3,000 fire
hydrants and 4,600 valves owned and operated by the City of Niagara Falls. Additionally,
there is 45 km of watermain owned and operated by the Regional Municipality of Niagara.
The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm
in size.
Additional information regarding the Niagara Falls Water Treatment Plant can be found
on the Regional Municipality of Niagara website.
Website http: / /www.niagararegion.ca /home.aspx
Water Distribution Summary Report 1
Niagara) ails
Compliance
Municipal Drinking Water Licensing Program
As part of a recommendation made by Justice 0' Connor during the Walkerton Inquiry,
the Ministry of the Environment has introduced a new program, the Municipal Drinking
Water Licensing Program. This program requires the Drinking Water System Owner (City
of Niagara Falls) to obtain a licence to operate their drinking water system.
There are four components to each licence; the Drinking Water Works Permit,
Implementation of a Drinking Water Quality Management System, Accreditation of the
Quality Management System and preparation of a Financial Plan.
• Drinking Water Work Permit allows the Municipality to alter, add, replace, modify
and extend the drinking water based on a series of predefined conditions.
• Drinking Water Quality Management System (DWQMS) is a series of 21 elements
that address all aspects of a water system. The overall goal of the DWQMS is
continuous improvement with respect to planning, operating and reviewing the
drinking water system. Through the creation of an operational plan the drinking
water system Owner demonstrates the ability to operate a safe and effective
drinking water system, while continuously monitoring performance and compliance
via internal and external audits.
• Accreditation of the Quality Management System is achieved through internal and
external audits, the goal of these audits are to ensure that the Owner is following
the processes and procedures laid out in the operational plan. The Ministry of the
Environment has engaged in an agreement with the Canadian General Standards
Board (CGSB) to act as the Quality Management System accreditation body.
• Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner
prepare a Financial Plan for the drinking water system. The City has retained a
consultant to aid in the preparation of the Financial Plan.
On March 3, 2011, an on -site audit was performed by the Canadian General Standards
Board. The City received a rating of 100% compliance with the Drinking Water Quality
Management Standard.
The City will be required to re- submit documentation to the Canadian General Standards
Board in 2012, for their review as part of the accreditation process.
►,,��% Water Distribution Summary Report 2
NiagaraapflIs
Safe Drinking Water Act
To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 88
microbiological samples a month. Each of these samples is taken from a different
location, providing a diverse profile of the water distribution system. Disinfection levels
showing a free chlorine residual are also taken at the time of each sample; ensuring
proper disinfection levels are maintained. The City takes additional free chlorine residuals
throughout the week, again to ensure proper disinfection levels are maintained.
The City also takes water samples testing for elevated levels of trihalomethanes (THM), a
chlorine disinfection by- product. The City takes these water samples from areas where
the formation of THM would most likely occur.
The Ministry of the Environment has also provincially mandated a Community Lead
Testing Program. The City has been granted permission, by the Ministry of the
Environment to reduce the number of lead samples taken per sampling window due to
the ratio of results that meet the Provincial Water Quality Objectives, compare to the
samples that do not. The sample numbers have been reduced to 40 resident samples
and 4 non - residential samples. This must be done once between December 15 and April
15 and again June 15 to October 15 on an on going cycle.
All of the aforementioned samples, in accordance with the Act must be taken by an
individual with a Water Operators licence or a Water Quality Analyst licence. These
licences are distributed by the Ontario Water Wastewater Certification Office, in
accordance with Ontario Regulation 128/04, Safe Drinking Water Act.
Samples are then taken to a Ministry of the Environment approved laboratory.
Laboratories must meet quality standards determined by the Ministry of the Environment
and are audited by the Canadian Association for Laboratories Accreditation. In the event
an incident occurs where water samples do not meet Provincial water quality standards,
this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the
chart following entitled Adverse Water Quality Incidents and Actions
An Annual Drinking Water Report has been completed and is available free of charge to
the public through the City website and at the Municipal Service Centre. Members of the
public may also view water sample results at the Municipal Service Centre.
On December 31, 2012 has been named as the date for which section 19 of the Safe
Drinking Water Act, 2002. Section 19 entitled, Standard of Care requires the Owner of
the Drinking Water System and each person with decision making authority to exercise
the level of care, diligence and skill in respect of a municipal drinking water system that a
reasonably prudent person would be expected to exercise in a similar situation and to act
honestly, competently and with integrity with a view ensuring the protection and safety of
the users of the drinking water system. Section 19 has been listed as an attachment to
the accompanying Council Report.
Water Distribution Summary Report 3
Niagarafwlls
Niagara Falls Water Quality Test Results
Parameter MAC Number of Samples Range Comments
Microbiological Analysis
Escherichia Coli Indicates presence of fecal
(E. Coli) CFU/ 100mL 0 1272 0 matter
Total Coliforms Indicates the possible
CFU/ 100 mL 0 1272 0 — 24 presence of fecal
contamination
Fecal Coliforms Indicates the possible
CFU/ 100 mL 0 1272 0 — 17 presence of fecal
contamination
Heterotrophic Plate Count N/A 1272 0 - >500 Indication of overall water
(HPC) CFU /mL quality
Chemical Analysis
Trihalomethanes 0.10 0.0259 — Average of Samples taken
mg /L mg /L 4 0.0474 quarterly
Residential and
Non- Residential 0.010 264 <0.00002 — Lead services were used in
Lead Plumbing mg /L 0.0671 construction prior to 1955.
mg/L
Distribution 0.010 0.00006 — City does not have lead
mg /L 25 0.00427 watermain
Disinfection
Free Chlorine Residual 0.05
mg /L to 4.0 1356 0.05 - 1.34 Level of disinfectant
mg /L
Adverse Water Quality Incidents and Actions
Date Location Parameter Result Actions Date of
Resolution
2011/1/19 4305 Sixth Lead * 0.0141 mg /L Followed direction of N/A
Ave 0.0135 mg /L Heath Unit
2011/1/19 4314 Sixth Lead * 0.012 mg /L Followed direction of N/A
Ave 0.0109 mg /L Heath Unit
2011/1/19 4289 Sixth Lead * 0.0671 mg /L Followed direction of
Ave 0.0554 mg /L Heath Unit N/A
2011/05/17 8278 Thorold Tot. Coliform 24 CFU/ 100mL Flushed, resampled 2011/05/24
Stone Road
2011/06/09 5500 Ferry Tot. Coliform 1 CFU /100mL Flushed, resampled 2011/06/13
Street
2011/09/27 6141 Keith St Lead * 0.0178 mg /L Followed direction of N/A
0.0185 mg/L Heath Unit
8839
2011/09/27 Parliament Tot. Coliform 4 CFU /100mL Flushed, resampled 2011/10/3
Ave
* In each cases the occupant service line was the source of lead levels
Water Distribution Summary Report 4
Niagaraf fills
In the event of an adverse water quality incident (AWQI), the City receives immediate
notification from the laboratory. The City is then required as per Ministry of the
Environment regulations to verbal notify the Regional Public Health Unit and the Ministry
of the Environment Spills Action Centre.
Additionally, the City has chosen to contact our local Ministry of the Environment
Inspector to share this information. These individuals are then faxed the same information
that was shared verbally.
To ensure water safety, the City immediately sends a member of staff to flush the nearest
fire hydrant, and take additional water samples at the source of the AWQI, as well as
upstream and downstream of the AWQI. This occurs for two consecutive days at
minimum until the City receives verbal notification from the laboratory that the water
samples are all clear.
In the above table, the column "Date of Resolution" indicates the date in which the City
has received copies of the laboratory results and submits the "Notice of Resolution" to the
Ministry of the Environment and Public Health Unit.
It should be noted that an Adverse Water Quality Incident does not indicate that the
drinking water is unsafe; rather it indicates that with respect to that specific sample, the
Provincial water quality objective was exceeded.
In the event a lead result exceeds the Provincial standard, this result does not indicate
system wide lead levels, rather the sample is site specific. Possible sources of lead
include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was
common to use lead water service lines as opposed to copper due to the malleability of
lead. Properties that have lead results that exceed the Provincial standard are given an
information package on ways to best reduce lead in their drinking water.
Operational Activities
In 2011, the City of Niagara Falls experienced 45 water main breaks, down from 66 in the
previous year. The City follows a standard operating procedure, detailing the steps taken
to repair the water main, while ensure water quality. Following the water main break,
microbiological samples are taken upstream and downstream of the break; ensuring the
break was repaired in such a way that water quality levels were not affected.
�r Water Distribution Summary Report 5
Niaga
Flow Rates
2011 Monthly Water Flow Rates (Mega Litres)
Month Quantity (ML)
January 1,462.193
February 1,349.175
March 1,459.202
April 1, 358.678
May 1,489.576
June 1,633.236
July 2,165.551
August 1,990.823
September 1,647.533
October 1, 584.424
November 1,425.598
December 1,493.311
Total 19, 059.3
Monthly Average 1,588.275
Daily Average 52.21
1 Mega Litre = 1,000,000 Litres
Water Distribution Summary Report 6
Niagara/ 40
Definitions
MAC - Maximum Acceptable Concentration
This is a health - related standard established for parameters which when present above a
certain concentration, have known or suspected adverse health effects. The length of
time the MAC can be exceeded without injury to health will depend on the nature and
concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the
Environment. Revised January 2001. PIBS #4065e. Page 2.)
mg /L - milligrams per litre (parts per million)
cfu /100 mL - Colony Forming Units per 100 millilitres of sample
ug /I - micrograms per litre (parts per million)
- Less than
> - Greater than
Microbiological parameters (ie. bacteria) - the source of bacteria may come from
wastewater treatment plants, livestock operations, septic systems and wildlife.
Microbiological analysis is the most important aspect of drinking water quality due to its
association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking
Water Standards. Ministry of the Environment.)
Total Coliform - the group of bacteria most commonly used as an indicator of water
quality. The presence of these bacteria in a water sample indicates inadequate filtration
and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.)
Escherichia coli (E. coli) - a sub -group of coliform bacteria. It is most frequently
associated with recent fecal pollution. The presence of E. coli or fecal coliforms in
drinking water is an indications of sewage contamination. (Ontario Drinking Water
Standards. Ministry of the Environment)
Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria
present in the distribution system. It is not an indicator of fecal contamination, but more a
general indicator of disinfection effectiveness and distribution system status with respect
to biofilm presence and the influence of bacterial re- growth in the distribution system.
att Water Distribution Summary Report 7
Niagara,F'alls
Trihalomethanes (THM's) - The maximum acceptable concentration (MAC) for
Trihalomethanes (THMs) in drinking water is 0.10 mg /L based on a four quarter moving
annual average of test results. Trihalomethanes are the most widely occurring synthetic
organics found in chlorinated drinking water.
The four most commonly detected Trihalomethanes in drinking water are chloroform,
bromodichloromethane, chlorodibromomethane and bromoform. The principal source of
Trihalomethanes in drinking water is the action of chlorine with naturally occurring
organics (precursors) left in the water after filtration.
Lead - Metals, for the most part, are naturally present in source water, or are the result of
industrial activity. Some, such as Lead, may enter the drinking water from plumbing in
the distribution system.
Lead can occur in the source water as a result of erosion of natural deposits. The most
common source of lead is corrosion of the household plumbing. The MAC for lead levels
is 0.010 mg /L.
Water Distribution Summary Report 8
NiagaraJlls
MW-2012-12 Attachment #2
r
Niagara�alls
CANADA
DWQMS Management Review
2011
Table of Contents
Introduction 1
1. Incidents of regulatory non - compliance 1
2. Incidents of adverse drinking -water tests 1
3. Deviations from critical control point limits and response actions 2
4. Efficacy of the risk assessment process 2
5. Internal and third -party audit reports 2
6. Results of emergency response testing 3
7. Operational performance 3
8. Raw water supply and drinking -water quality trends 3
9. Follow -up on action items from previous management reviews 4
10. Status of management action items identified between management
reviews 4
11. Changes that could affect the Quality Management System 4
12. Consumer feedback (i.e., internal & external communications) 4
13. Resources needed to maintain the Quality Management System 4
14. Results of DWQMS Infrastructure Review 4
15. Operational Plan currency, content & updates 5
16. Staff suggestions 5
T' � Niagaraaa , s
2011 DWQMS Management Review
Introduction
Element 18 of the Drinking Water Quality Management Standard states that a
Management Review must be completed once every 12 months. This review is to
be completed with the person(s) deemed Top Management in the Drinking Water
System.
The purpose of the Management Review is to document the actions and
effectiveness of the Quality Management System. The outcome of the
Management Review must be reported to the Owner of the Drinking Water
System.
The information reported to the Owner can be relayed at the same time as the
Summary Drinking Water System Report, which must be provided to Council by
March 31 each year.
1. Incidents of regulatory non - compliance
In July, the Ministry of the Environment completed an onsite inspection. No
incidents of regulatory non - compliance were indicated in the July 25, 2011
inspection report. The City received a compliance rating of 100 %.
2. Incidents of adverse drinking - water tests
As of December 5, 2011 there have been 3 drinking water samples that resulted
in an adverse test result.
i) May 17, 2011 — 8278 Thorold Stone Road: Total Coliform of 24
ii) June 9, 2011 — 5500 Ferry Street: Total Coliform of 1
iii) September 27, 2011 — 8839 Parliament Ave: Total Coliform of 4
In each case, Staff followed SOP "MW- ES -DWS- SOP - 012 -001 — Adverse Water
Quality Incident Reporting ". Each incident was resolved by re- sampling.
DWQMS Management Review 2011 Page 1 of 5
Niagara falls
3. Deviations from critical control point limits and response actions
There were no deviations from critical control points in this report period.
4. Efficacy of the risk assessment process
The current Risk Assessment has gone through two annual reviews and in 2011
went through a full review look at all risks to the drinking water system.
Currently, there are no measures to protect the City against private fire hydrants.
Procedures are available in the event of an adverse water quality incident
stemming from the private hydrant.
It has been suggested, that a private hydrant by -law be created outlining the
responsibilities of maintaining the hydrant, to property owners.
5. Third - party and Internal audit reports
Third Party Audit
On March 3, 2011 a Canadian General Standards Board Auditor completed an
on -site audit of the QMS. Zero non - conformances were found during this audit,
the Auditor did list some suggestions to improve the QMS, these have been
listed as Opportunities for Improvement (OFI).
The City received a letter from the CGSB dated April 15, 2011 stating the City
has achieved full scope accreditation.
Internal Audit
Only two incident of non - conformance has been identified during the internal
audits.
Under element 8; Risk Assessment, to date no measures have been taken to
protect the hydrant from private hydrant performance. Corrective action # 2011-
003.
Under element 15 Infrastructure Maintenance, Rehabilitation and Renewal, the
City's Operational Plan states that hydrants are to be flushed and inspected
annually. In 2011 target of all hydrants will not be met, however hydrants will be
inspected for deficiencies throughout the winter months. Corrective action #
2011 -004
DWQMS Management Review 2011 Page 2 of 5
Niagarapalls
6. Results of emergency response testing
On September 27, 2011, Environmental Services Staff participated in an
Emergency Response desktop training exercise.
The scenario detailed a watermain break at the end of a crescent that was
created due to fire fighting operations. The fire fighting operations created suction
on the cracked part of the main, causing the backfill material to enter the main.
Environmental Services supervisory staff was asked to go through the scenario,
assuming they could not call other supervisors for help, to determine how each
staff member would respond. Answers were shared and discussion was held.
7. Operational performance
In addition to the continual maintenance activities of hydrant inspection and valve
operation, Environmental Service as of December 5, 2011 has responded to 39
watermain breaks. These range from ring breaks, to total pipe segment failure
resulting in pieces of PVC watermain being spliced in to the system.
Unaccounted for water has increased over the past 3 years, approaching 23% of
the volume purchased. Staff currently performs proactive leak detection. It is felt
that some of the unaccounted for water may be lost to theft/ meter tampering and
/ or billing inconsistencies.
The City has instituted a by -pass inspection program, to stop any by- passing of
the water meter.
In addition, Staff suggests the installation of radio read water meters. This new
technology will allow the City to obtain meter readings on a more consistent
basis. Coupled with new "E- Coder" meter register, this technology will also Staff
to determine if any; meter tampering has occurred, small leaks after the meter, or
if a reversal of flow has taken place.
8. Raw water supply and drinking - water quality trends
The Region of Niagara is responsible for all sampling and testing of raw water.
Through the hydrant maintenance program, Staff has found areas of the drinking
water system were weekly or bi- weekly flushing can improve water quality, these
areas are tracked via a flushing report form.
Source water temperature changes in late spring and fall result in resident
inquires about chlorine levels. The majority of these calls originate from the south
end of the City, the area closets to the water treatment plant. Weekly, chlorine
residual results are received from the Region of Niagara, these results indicate
no significant fluctuation in chlorine levels leaving the treatment plant.
DWQMS Management Review 2011 Page 3 of 5
NiagaraJ?alls
9. Follow -up on action items from previous management reviews
The 2010 Management review resulted in no action items.
10. Status of management action items identified between
management reviews
The 2010 Management review resulted in no action items.
11. Changes that could affect the Quality Management System
It was reported in the 2010 Management Review that the MOE would be
consulting Municipalities on possible changes to the DWQMS Standard. Date, no
consultation has taken place; however, recent talks have indicated that changes
may taken place in 2012.
In 2012, City Staff may not be available to perform the internal audit. If this is the
case, it is likely a consultant would be retained.
12. Consumer feedback (i.e., internal & external communications)
In 2011, Environmental Services and Engineering staff worked together to create
a document that is now included in all capital projects, making the contractor
aware of the City's legislative duties, as well as, the level of permission the
contractor has to operate the Municipal Drinking Water System. The winning
bidder is required to sign the document, assuring they have read and understand
the responsibilities listed.
13. Resources needed to maintain the Quality Management System
In 2012, the QMS Representative may have to hire a consultant to perform the
internal auditing duties.
A recent quotation estimated the annual cost of hiring the consultant at
approximately $3,900.00.
14. Results of DWQMS Infrastructure Review
The Infrastructure Review is now rolled into a 10 year infrastructure needs
assessment. This assessment is kept current by Infrastructure Staff. The needs
assessment was presented to Council November 14, 2011.
DWQMS Management Review 2011 Page 4 of 5
Niagaraaalls
15. Operational Plan currency, content & updates
The Operational plan will under go a revision in early 2012. Procedures are
updated as required.
16. Staff suggestions
To date, no Staff suggestions have been made to improve the QMS.
DWQMS Management Review 2011 Page 5 of 5
MW- 2012 -12 Attachment #3
Standard of care, municipal drinking water system
19. (1) Each of the persons listed in subsection (2) shall,
(a) exercise the level of care, diligence and skill in respect of a
municipal drinking water system that a reasonably prudent person
would be expected to exercise in a similar situation; and
(b) act honestly, competently and with integrity, with a view to ensuring
the protection and safety of the users of the municipal drinking water
system. 2002, c. 32, s. 19 (1).
Same
The following are the persons listed for the purposes of subsection (1):
1. The owner of the municipal drinking water system.
2. If the municipal drinking water system is owned by a corporation
other than a municipality, every officer and director of the corporation.
3. If the system is owned by a municipality, every person who, on
behalf of the municipality, oversees the accredited operating authority
of the system or exercises decision- making authority over the system.
2002, c. 32, s. 19 (2).
Offence
Every person under a duty described in subsection (1) who fails to carry out
that duty is guilty of an offence. 2002, c. 32, s. 19 (3).
Same
O A person may be convicted of an offence under this section in respect of a
municipal drinking water system whether or not the owner of the system is
prosecuted or convicted. 2002, c. 32, s. 19 (4).
Reliance on experts
15) A person shall not be considered to have failed to carry out a duty described in
subsection (1) in any circumstance in which the person relies in good faith on a
report of an engineer, lawyer, accountant or other person whose professional
qualifications lend credibility to the report. 2002, c. 32, s. 19 (5).
MW- 2012 -13
Niagaraaalls February 28, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT: MW- 2012 -13
Falls Avenue (formerly Roberts Street) Gateway
Landscaped Boulevard and Median Maintenance
RECOMMENDATION
That Council direct staff to enter into an Operating Agreement with the Niagara Region for
the ongoing care and maintenance of the boulevard and median on Falls Avenue (formerly
Roberts Street) from Stanley Avenue to Victoria Avenue.
EXECUTIVE SUMMARY
In September of 2002 the City of Niagara Falls signed a Memorandum of Understanding
(MOU) with the Regional Municipality of Niagara, Niagara Parks Commission, Ministry of
Transportation and the Ministry of Tourism, Culture and Recreation with respect to the
development of Robert Street (Falls Avenue) as a "gateway" to Ontario, The Niagara
Region and The City of Niagara Falls.
The MOU established the responsibilities of each party but did not legally bind each partner
to these roles for any particular period of time. The MOU indicated that a further agreement
between the Niagara Parks Commission, Region and the City was to be signed setting out
the apportionment of costs for the ongoing maintenance. This Agreement was never
completed. The NPC has maintained this area at their expense for the past ten years. In
May of 2011 the Niagara Parks Commission made the decision that their role prescribed
was beyond their mandate and that they would no longer continue to provide maintenance
services to the boulevard and median areas to this section of roadway.
Municipal Works staff have been working cooperatively with Niagara Parks and Niagara
Region staff to share records and operational details to ensure the intent of the original
MOU with respect to the "gateway feature" is preserved.
The purpose of this report is to inform Council of the recent changes, authorize staff to
proceed with the preparation of an Operating Agreement with the Niagara Region and
finally to add funding in the amount of $30,000 to the 2012 Operating Budget for the City's
share of this new program.
BACKGROUND
In 2002 the City of Niagara Falls signed a MOU with four public sector government
agencies to develop an attractive gateway along Roberts Street between Stanley Avenue
and Victoria Avenue. Roberts Street (Falls Avenue) falls under the jurisdiction of the
Niagara Region and is subject to a Connecting Link Agreement with The Ministry of
Transportation. This informal, non - binding agreement assigned specific responsibilities to
February 28, 2012 - 2 - MW- 2012 -13
each partner with a provision to meet on a periodic basis to coordinate their respective
efforts to achieve the common objective. A copy of this agreement is provided as
Attachment "1".
In May of 2011, the Niagara Parks Commission (NPC) revisited this matter and determined
that the provision of maintenance services at this location falls outside of their mandate
and discontinued service. (See Attachment "2 ").
In the Fall of 2011, staff from the Region and City met NPC operations staff to discuss the
transfer of responsibilities for grass cutting, bed maintenance, debris collection and
winterization of the sprinkler system.
At a meeting held on January 25, 2012, NPC staff confirmed their previous position and
offered technical support to assist in the transition. (See Attachment "3 "). Niagara Region
staff have expressed an interest to work with the City of Niagara Falls to ensure that the
intent of the original gateway concept is continued by entering into an appropriate
Operating Agreement that sets out the respective obligations of each party.
ANALYSIS /RATIONALE
Falls Avenue (Roberts Street) is identified as a Gateway and an Entry Corridor in the City's
Official Plan which states;
"4.3.4 Gateways and landscaped entry points will be constructed as part of a tourist
area greening programme and will be designed to visually attract visitors
through distinctive landscaping, paving and lighting."
"4.3.7 Entry Corridors..., shall be designated as the main points of access through
which visitors arrive at the Niagara Falls Tourist area. Entry Corridors shall
be automobile- oriented streets whose main purpose is to accommodate
vehicular traffic with an attractive, sign- posted and landscaped streetscape.
Council shall ensure that public improvements and new developments are
consistent with the Design Criteria for Entry Corridors."
The City's policy respecting the need to maintain the boulevard and median areas to a
higher standard clearly requires the commitment of resources at this location,
notwithstanding the fact that this is a Regional Road. Niagara Region staff have agreed to
cover the costs associated with the grass cutting as it is consistent with the standard level
of service provided on Regional Roads.
The plantings, bed maintenance and operation of the irrigation system and grass cutting
duties will be performed by a single contractor under the supervision of Municipal Works
staff. The Region's share will be billed back on an annual basis.
FINANCIAL IMPLICATIONS
This is a new expenditure in the annual Operating Budget which will require funding in the
amount of $30,000 to be added to the Contracted Services Account. This amount is not
included in the draft budget distributed at the Council Meeting on January 31, 2012.
Accordingly this account will need to be increased from $117,500 to $147,500. (Parks
Grounds Maintenance Account No.11 -3- 711000 - 040000).
The Region's share of the cost is estimated to be approximately $15,000 annually based
February 28, 2012 - 3 - MW- 2012 -13
on the quotations received under the City -wide Beautification Program tender. (See
Attachment "4 ").
LEGAL IMPLICATIONS
Niagara Region staff have suggested that we jointly develop the terms of an Operating
Agreement to protect our mutual interests and to address any liability issues with respect
to operating within the Regional road allowance. This Agreement can be prepared and
presented to Council at a future meeting, as required.
CITY'S STRATEGIC COMMITMENT
The recommendation contained in this report is consistent with Council's Strategic
Priorities to enhance the City's economic vitality and to support the Official Plan policies
of a Well- Planned City.
LIST OF ATTACHMENTS
1. Memorandum of Understanding
2. Letter from Niagara Parks Commission, dated May 17, 2011.
3. Letter from Niagara Parks Commission, dated February 9, 2012.
4. Cost Estimate, dated February 7, 2012.
Recommended by:
Geoff Holman, Director of Municipal Works
Respectfully submitted: Ljfilkk
Ken To d, Chief Administrative Officer
Geoff Holman
MW- 2012 -13 Attachment #1
aG � C � p a Y
9 � ,
u ep 7
MEMORANDUM OF UNDERSTANDING 2 09 <2
AMONG
The Regional Municipality of Niagara,
The - Corporation of the City of Niagara Falls,
The Niagara Parks Commission,
Ministry of Transportation,
Ministry of Tourism, Culture and Recreation
Recitals
1. The parties to this Memorandum of Understanding wish to see Roberts Street developed as
"gateway" to Ontario and to the Niagara region;
2. The parties have, over the last several months, had discussions among themselves as to what
actions each may take to further development of Roberts Street; and
3. The parties wish to set out their understanding as to the steps that each believes is necessary
to be taken to achieve the ultimate development of Roberts Street as a "gateway" to Ontario
and the Niagara region.
UNDERSTANDINGS
General
1. This document is a Memorandum of Understanding that sets out to the best of the parties'
ability at this time, the steps that each will take towards the creation of Roberts Street as
a gateway to Ontario and the Niagara region. The understandings stated in this document
do not create and the parties do not intend to create, legal obligations.
Z. All of the parties to this Memorandum of Understanding will enter into such legal
agreements as may be necessary from time to time to achieve the development of Roberts
Street.
3. The parties agree to meet on a periodic basis to co- ordinate each of their activities in
relation to the development of Roberts Street.
2
4. Each of the parties will provide such assistance to the other parties as it can in carrying
out their roles as stated in this Memorandum of Understanding..
•
5. Each of the parties shall advise the others should they perceive that anv of their
respective roles, as outlined in this memorandum, change,
Role of The Regional Municipality of Niagara
6. The Regional Municipality of Niagara will take the lead in the development of Roberts
Street as a gateway" to Ontario and the Niagara region including,
assuming responsibility for Roberts Street as a road
acquiring all property for the development of Roberts Street enhancements
contracting for all work necessary related to the enhancements.
7. The Regional Municipality of Niagara will enter into agreements with The Niagara Parks
Commission for the development of the enhancements and the maintenance of them on
reasonable terms and conditions.
Role of The Corporation of the City of Niagara Falls
g. The Corporation of the City of Niagara Falls shall participate in the acquisition and
rehabilitation of Roberts Street as a municipal i nprovement in accordance with such
• agreements as may be reached with The Regional Municipality of Niagara and other
parties.
Role of The Niagara Parks Commission
9 . The Niagara Parks Commission will design and construct the landscape enhancements in
consultation with the other partners.
10. The Niagara Parks Commission will contribute such funds to the development of the
enhancements as The Niagara Parks Commission may from time to time authorize.
1 1 . The Niagara Parks Commission will, after the completion of the landscaping
enhancements, maintain such of them as are parks on an ongoing basis, only after
reaching agreement with the Regional Municipality of Niagara and the City of Niagara
Falls on the costs associated with the maintenance of such Parks.
a
0
''p 3
Role of the Ministry of Transportation
12. Ministry of "Transportation plans to execute a Connecting Link Agreement with the
Regional Municipality of Niagara which will address the transfer of Roberts Street to the
Region and the costs associated with its' reconstruction.
13. The Ministry of Transportation will in accordance with Government of Ontario policy
and direction transfer Iands owned by it which are surplus to its roads need and are
adjacent to Roberts Street to The Regional Municipality of Niagara.
14. On an ongoing basis the Ministry of Transportation will exercise its mandate in relation
to the development and maintenance of roads in the area of Roberts Street in a manner
that is consistent with the Development of Roberts Street as gateway
Role of the Ministry of Tottrisrn, Culture and Recreation
15. The Ministry of Tourism, Culture and Recreation will be the Government of Ontario lead
in supporting the development of Roberts Street as a gateway to Ontario and the Niagara
Region.
16. The Ministry of Tourism, Culture and Recreation shall integrate its plan to the extent
possible or practicable in the circumstances for the development of Tourist Information
facilities with the general plans for the development of Rs 'efts Street in consultation
with The Niagara Parks Commission and The egional t
" kik
'cip ity of Niagara.
1 6 .-.......
..
The Regional Municipal' of Niagara
. \( L..)-,/ (
The Corpora ao , a ' of Niagara Falls
'/
€lie N:ag,ata r . onimission
\1
Ministry" f Transpor"Lion
-
Ministry of/tourism, Culture and Recreation
Niagara MW- 2012 -13 Attachment #2' Fa Booker Direct:
Phone: 905/358 -2241, ext. 223
Parks Fti Fax: 905/3545041
E -Mail: fbookerQniagaraparka.com
An agency of the Government of Ontario e6 re 1613
May 17, 2011
Mr. Gary Burroughs, Chairman
Regional Municipality of Niagara
P.O. Box 1042
Thorold, Ontario L2V 417
Dear Chairman Burroughs:
Thank you for taking the time to speak with me regarding The Niagara Parks Commission'
(NPC) involvement in the maintenance and landscaping of the Region's property on Roberts
Street.
I have been advised by staff that in 2002, the Regional Municipality of Niagara, the City of
Niagara Falls, The Niagara Parks Commission, the Ministry of Transportation and, Ministry of
Tourism, Culture and Recreation signed a memorandum of agreement to "...see Roberts Street
developed as a `gateway' to Ontario and to the Niagara Region ",
In accordance with that agreement, NPC was to be responsible for the design and construction of
the gateway landscape as well it agreed to contribute funds to the overall development of the new
Roberts Street plans. Staff have also indicated to me that the ongoing maintenance of the
landscaped enhancements was to occur "only after reaching agreement with the Regional
Municipality of Niagara and the City of Niagara Falls on the costs associated with the
maintenance of such Parks ". Our research and files show that no agreement has ever been
entered into for the ongoing maintenance of the Roberts Street gateway.
As such, the Commission considered this matter at its meeting of May 11 and given that this
property falls outside of the mandate of The Niagara Parks Commission, it was decided that NPC
can no longer continue to provide maintenance service for the Roberts Street property.
Additional reasons for making this decision include the fact that as a financially self - sufficient
agency, NPC receives no financial benefit to offset the cost of this annual maintenance, and
further NPC employees are placed at risk by conducting work which is not subject to an
operating agreement, agreed to by all parties.
...2
Fay Booker THE NIAGARA PARKS COMMISSION Robert J. Mcllveen
Chair P.O. Box 150, Niagara Falls, Ontario, Canada L2B 6T2 Interim General Manager
www.niagaraparks. com
1 �
-2-
Should theRegion- wishrto-enter into an- agreement for- NPC -to- continue to-provide-landscaping
services, regional staff could discuss this option with NPC's Executive Director of Parks, Debbie
Whitehouse at 905 - 356 -2241 x 237 or NPC's Superintendent of Parks, Scott Priest at extension
238.
Given this decision, NPC staff have been instructed to immediately cease the provision of further
service for this property. Regional staff may contact either Debbie or Scott if there are any
questions relating to this action.
We thank you for your understanding in this matter and appreciation of Niagara Parks'
commitment to work within its mandate.
Yours truly,
.�
Fay ooker, FCA, C. Dir
FB /js Chair
cc: The Honourable Michael Chan, Ontario Minister of Tourism and Culture
The Honourable Kathleen Wynne, Ontario Minister of Transportation
X{im Craitor, Member of Provincial Parliament for Niagara Falls
Niagara. MW- 2012 -13 Attachment #3 Fay Booker Direct'
Phone: 9061356 -2241, ext. 225
1 3 arks 1' E -Mall: fbookerrnlag rraperk m
n. , AMYdao Goverment d ()static torte 1 s
February 9, 2012
Mr. Geoff Holman
Director of Municipal Works
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Holman:
RE: ROBERTS STREET
Further to the meeting of January 25, 2012 between staff of The Regional Municipality of
Niagara, City of Niagara Falls, and The Niagara Parks Commission, this is to confirm details of
our discussion regarding Roberts Street.
At Roberts Street, Niagara Parks contributed approximately $1.2 million in landscaping
enhancements dating from 2002. Niagara Parks has conducted annual maintenance on an
ongoing basis, incurring costs for mowing and gardening of approximately $220,000 for the
period between 2005 to 2010.
The Niagara Parks Commission is not intending to enter into any further agreement to continue
this program. As discussed, further to recent audit reviews, The Niagara Parks Commission
confirmed that it is neither Iicensed nor mandated to conduct works beyond its properties.
Further Niagara Parks has fulfilled the terms of the 2002 Memorandum of Understanding
between Regional Municipality of Niagara, the City of Niagara Falls, The Niagara Parks
Commission, the Ministry of Transportation and, Ministry of Tourism, Culture, and Recreation.
We have confirmed that there have been no further agreements made by Niagara Parks
subsequent to the original Memorandum of Understanding. Niagara Parks confirmed their
intention that the plantings and installed irrigation equipment to enable the maintenance of this
property on site will be left in place.
During our discussions in January, the Region of Niagara confirmed that they will work with you
to determine the ongoing maintenance on this property at Roberts Street. You confirmed it will
be the choice of City of Niagara Falls to determine whether plantings beyond grass are to be
maintained by the City, or whether the plantings would be eliminated and this area be
...cont 'd /2
Janice Thomson THE NIAGARA PARKS COMMISSION Fay Booker
Chair P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 General Manager
www.niagaraparks.com
transitioned to mown grass. was also noted that a similar arrangement was made-with the
Ministry of Transportation where the City chose not to maintain plantings along the 420
highway, between Stanley Avenue and the QEW, thus the Ministry arranged for plantings to be
removed (e.g. center raised medians) to reduce maintenance costs.
City staff are invited to contact our Superintendent of Horticulture, Scott Priest at 905-353-5547
for details (e.g., landscape plans, irrigation) that would further facilitate transition of the property
maintenance at Roberts Street and the City's knowledge of the property and equipment.
Yours truly7/ /
../
Fay Booker. FCA, C.Dir.,
113/1c General Manager
cc: Mr. Ken Brothers, Region of Niagara
2
MW- 2012 -13 Attachment #4
1 , Kelly Dig's Landscaping �+
' u` 874 Foss Rd. stimate
Fenwick,Ont. LOS 1C0 Number: E175
, ?;:-:`' 7 ",,? ( ' ,, Phone 905 - 984 -7225
, Date: February 07, 2012
Fax, 905 -892 -3164
Bill To: Ship To:
,Cynthia Roher•ts 'Cynthia Roberts
Sr_
:City Of Niagara Falls City Of Niagara Falls
3200 Stanley Ave. 3200 Stanley Ave.
!ia3ara i•a' 5, Ong.. 1,2E 604 Niagara Fa 115, Ont. .1,2E 664
G.S.T 87055 9374 RT0001 Terms Project
2012 season
.
Date :Description Per time' Rate j Tax Amount
2/7/22 . 42e li•sy. at. Stan Lcey Ave . 15.00 1,847.07: 27,706
to Victoria Ave.
J cludes both sines of
ilwy.and 5ratiic medians.
, General garden
main tainenre on a by
;weekly schedual. For ,
2012 season. .
.420 Hwy. at Stanley Ave. 15.00 988,004 14,320.00:
t o Vict.orza Ave. .
Lncludes both skies o
gt.. rraffio d s
mn_an.
'May 1 to October 31 2012
i
and includes hi - .-ies).1v ;
•yiaa n Ott i n:_ and
'trimming.
".0. 4) 0 . ;75.
b "_i.an Street +' beds a _ � � _ Ov^ .
by- weakly maintenance
Ferry Street A bed 15.00 30.00 45C.c:
} y- wee1y maintenance
•
Sub -Total i $43,651 .05
HST 13.0Q% on 0.00 0 . '/ 0
Total $43,651.05.
i.
ZOOZ XVd L0 :170 8TOZ /8T /CO
PD- 2012 -17
NiagaraJalls February 28, 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- 2012 -17
Request for Relief of Lease Rate for Downtown Cafes
RECOMMENDATION
That Council waive the fee requirement for sidewalk cafes in the downtown area for the
2012 season due to the ongoing construction along Queen Street.
EXECUTIVE SUMMARY
A number of downtown eateries provide outdoor cafes on City sidewalks, subject to lease
agreements with the City. A new lease rate for sidewalk cafes in the downtown area was
to be initiated in 2012. However, there has been a delay in the completion of the
streetscaping initiatives along Queen Street. It is expected that the streetscape work will
be completed this summer. However, there will be other work being undertaken in the area.
Based upon this ongoing work, the Downtown BIA has requested lease charges be waived
for 2012 and 2013 (see Appendix 1).
BACKGROUND
On January 17, 2010, City Council approved a new lease rate for sidewalk cafes within the
Downtown and Historic Drummondville CIP Areas of $10.00 per square metre. It was
anticipated that the streetscaping work along Queen Street would have been completed
by now. Unfortunately, the contractor ended their work term in late November due to the
onset of the winter season. The contractor is expected to start up again soon and
complete the streetscape work this summer. Further work will occur in the Downtown area
in 2012 including further infrastructure along Buckley Avenue at Queen Street, and the
Downtown Park. Because of this ongoing work, there will be issues of dust, noise and
disruption which will affect the operation of outdoor sidewalk cafes. Consideration should
be given to provide relief to the outdoor cafe businesses in the Downtown for 2012. It is
expected that much of the Downtown work will be completed this year and the lease rate
for outdoor cafes should be reinstituted in 2013. Therefore, the waiver should be only for
the current year and not the 2 year period requested.
ANALYSIS /RATIONALE
Delays have been experienced with the completion of the streetscape work. Everything
is back on track and much of the streetscape work will be completed in the next few
months. In the meantime, construction activities are expected to have an impact on the
operations of the sidewalk and the patron's enjoyment.
February 28, 2012 - 2 - PD- 2012 -17
FINANCIAL IMPLICATIONS
There will be a loss of some revenue of $4,094 based on last year's rates for the 5 cafes.
The Downtown BIA has asked that the lease rate be waived for 2012 and 2013. If Council
waives the lease fees for 2012, the $10.00 a square metre fee should be reapplied in 2013.
CITY'S STRATEGIC COMMITMENT
The completion of the Downtown improvements will satisfy Council's strategic priorities in
the long term by strengthening and promoting economic development in the Downtown.
LIST OF ATTACHMENTS
► Appendix 1 - Copy of an e-mail from Downtown BIA to the City Clerk.
Recommended by: j
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted: LIkA-4-A9-
Ken odd, Chief Administrative Officer
B.Bolibruck
Attach.
S: \PDR\2012 \PD- 2012 -17, Request to Waive Lease Rate for Downtown Cafes.wpd
February 28, 2012 - 3 - PD- 2012 -17
APPENDIX 1
From: Dean Iorfida
To: Bob Bolibruck; General Manager
Date: 1/19/2012 11:14 AM
Subject: Re: Downtown Outdoor Cafe Licences
CC: Chris Anders; Geoff Holman
Probably makes sense, Nem.
I'll talk to the other applicable staff and bring It forward at a future meeting.
Thanks
Dean
»> "General Manager" <gm @niagarafallsdowntown.com> 1/19/2012 10:49 AM >»
Hi Dean:
The downtown BIA and its membership would like to request to have the fee waived for the outdoor cafe licences do to the ongoing
construction In downtown. We would like to have the fee waived for 2012 & 2013. We anticipate construction will go beyond 2012
and do not want to have to go through the process again to get It waived for 2013.
Regards,
Nemanja Kuntos BSc
General Manager
BIA Downtown Board of Management
Office Location: 4660 Queen Street
Niagara Falls, ON L2E 2L8
P: 905 -356 -5444
C: 289- 407 -2989
F: 905- 356 -5667
gm@niagarafalisdowntown.com
www.niagarafallsdowntown.com
TS- 2012 -05
February 28, 2012
Niagararq. 1
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -05
Parkside Road - Parking Review
RECOMMENDATION
That parking is restricted on the west side of Parkside Road between Heikoop Crescent
and a point 25 metres north of Upper Canada Drive between 5:00 p.m. and 11:00 p.m.,
Monday to Friday, and all day on Saturday and Sunday, June through September,
inclusive.
EXECUTIVE SUMMARY
The recommended parking restriction will prohibit parking on one side of the roadway
thereby allowing for unimpeded two -way traffic flow in the summer when the Girls Home
for Soccer Park is fully utilized. Parking will remain on the east side of Parkside Road so
that children can disembark the vehicle from the passenger side directly to the park,
minimizing interaction with passing traffic.
BACKGROUND
In response to correspondence submitted by an area resident, Staff carried out a review
of the parking situation on Parkside Road between Heikoop Crescent and Milomir Street.
The concern stems from overflow parking on Parkside Road resulting from the Girls Home
for Soccer facility. At the present time, parking is permitted on both sides of Parkside
Road alongside the soccer facility. A stopping prohibition is posted on both sides of
Parkside Road adjacent to the hydro corridor where there is a raised centre median island.
ANALYSIS /RATIONALE
Parkside Road is a collector road located in the Garner Estates Subdivision that extends
in a north /south direction from McLeod Road to north of Forestview Boulevard. The
roadway is 9.15 metres in width, consisting of sidewalks on both sides separated by
boulevards. On the west side, the sidewalk terminates just north of Upper Canada Drive.
The Girls Home for Soccer is located on the east side of Parkside Road within the study
area. Loretto Catholic and Kate S. Durdan Public Elementary school abuts the soccer
facility. The Girls Home for Soccer has three separate parking area totalling 246 parking
spaces. The joint elementary school has 74 parking spaces.
A questionnaire was delivered to each residence on Parkside Road requesting input from
the homeowner on their parking preference. The petition yielded a 46% response rate.
A minimum of 50% is required to proceed with the restriction, however staff have identified
the area as a safety concern, related to the safe mobilization of emergency vehicles.
February 28, 2012 -2- TS- 2012 -05
A collision review was carried out on Parkside Road for the previous three years, revealing
that a collision problem does not exist in the study area. A review of the signs in the study
area reveals that all signs are in good condition, including "Playground Ahead" signs
advising motorists that they are approaching a park area where children may be present.
Area observations were done at various times when soccer was being played and reveal
that drivers park on Parkside Road once the off - street parking spaces are occupied. Most
patrons park on the east side, closest to the park, but numerous other vehicles were also
observed parked on the west side of Parkside Road. As a result of vehicles parked on
both sides, the resulting road width is sufficient to accommodate traffic proceeding in one
direction only. Pedestrians attempting to cross the road between parked vehicles are not
easily seen by passing drivers.
In order to ensure safe traffic operations on Parkside Road, Staff is recommending that
parking be prohibited on the west side of Parkside Road between Heikoop Crescent and
a point 25 metres north of Upper Canada Drive between 5:00 p.m. and 11:00 p.m.,
Monday to Friday, June through September, inclusive and all day on Saturday and Sunday,
June through September, inclusive. Parking is proposed to remain on the east side of
Parkside Road so that persons can disembark the vehicle from the passenger side directly
to the park. There is more parking available on the east side of Parkside Road as there
are significantly fewer driveways that must remain clear. Further, the proposed parking
restriction will ensure uninterrupted two -way traffic flow, and minimizing delays for
emergency personnel responding to an emergency in the area. Finally, by prohibiting
parking on the west side, it minimizes the number of pedestrians having to cross Parkside
Road to /from their vehicle. Outside of the four -month outdoor soccer season, parking will
be available on both sides of Parkside Road as parking on the street outside of soccer
season was noted to occur sporadically.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the signs is carried out by Transportation Services staff. The labour and
material cost is accounted for in the 2012 General Purposes Budget. The estimated cost
to install the signs is approximately $750.
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: Z--"
Karl Dren, Director of ransportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
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TS- 2012 -05 Proposed Parking Restriction
Parks Road 5:00 p.m. - 11:00 p.m, Monday - Friday, June - September
Parking Review All Day, Saturday & Sunday, June - September
TS- 2012 -09
Niagaraaalls
February 28, 2012
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -09
Carolyn Avenue at Heather Avenue
Intersection Control Review
RECOMMENDATION
That a stop sign be installed facing southbound motorists on Heather Avenue at Carolyn
Avenue.
EXECUTIVE SUMMARY
A stop sign is warranted facing southbound traffic on Heather Avenue at Carolyn Avenue
that will require all drivers stop before entering the intersection.
BACKGROUND
City Staff has been requested to investigate the feasibility of installing a stop sign at the
intersection of Heather Avenue and Carolyn Avenue. Currently, the study intersection is
controlled by a yield sign.
ANALYSIS /RATIONALE
Study results indicate that a stop control is warranted at the intersection of Heather Avenue
and Carolyn Avenue. The visibility triangle requirements for the yield sign control are not
met thus warranting additional controls. This is common in developed residential areas
with buildings and fencing normally constructed within the visibility clear zone. This triangle
provides motorists sufficient visibility to view approaching vehicles and therefore be able
to react appropriately. The proposed stop sign will necessitate all southbound motorists
to carry out a full legal stop and ensure that there is no conflicting traffic prior to entering
the intersection. A collision review revealed that no collisions have been reported at the
intersection in the previous three -year period.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the stop sign is carried out by Transportation Services staff. The labour
and material costs are accounted for in the approved 2012 General Purposes Budget.
Cost studies estimate that the cost to install the sign is approximately $200.
February 28, 2012 - 2 - TS- 2012 -09
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:
Karl Dren, Director of Transportation Services
Respectfully submitted: V4414Aj
Ken Todd, Chief Administrative Officer
/M. Carrick
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TS- 2012 -10
Niagara & 11s
February 28, 2012
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -10
Leader Lane
Intersection Control Review
RECOMMENDATIONS
That stop sign control be established at all streets intersecting with Leader Lane.
EXECUTIVE SUMMARY
A stop sign is warranted facing northbound traffic on each road intersecting Leader Lane;
Acheson Avenue, Dyson Avenue, Muir Avenue, Martin Avenue, Broughton Avenue and
Hickson Avenue. In each case the sign will require all drivers stop before entering the
intersection.
BACKGROUND
City Staff has been requested to investigate the feasibility of installing a stop sign at each
intersection along Leader Lane. Currently, there is no control at each study location.
ANALYSIS /RATIONALE
Study results indicate that a stop control is warranted at each intersection along Leader
Lane. The visibility triangle requirements for the basic right -of -way rule are not met at each
location, thus warranting additional controls. This is common in developed residential
areas with buildings and fencing normally constructed within the visibility clear zone. This
triangle provides motorists sufficient visibility to view approaching vehicles and therefore
be able to react appropriately. Further, there is not enough sight distance available to post
yield controls. A collision review revealed that no collisions have been reported at any
intersection along Leader Lane in the previous three -year period.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the stop signs is to be carried out by Transportation Services staff. The
labour and material costs are accounted for in the approved 2012 General Purposes
Budget. Cost studies estimate that the cost to install the signs is approximately $1,200.
February 28, 2012 - 2 - TS- 2012 -10
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: A
Karl Dren, Director of Transportation Services
Respectfully submitted: *2 1 1 41 - 10
Ke Todd, Chief Administrative Officer
/M. Carrick
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TS- 2012 -11
February 28, 2012
Niagarara \s
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -11
Forestview Boulevard
School Crossing Guard Review
RECOMMENDATION
That a school crossing guard be stationed during the morning and after school hours to
provide assistance to school children crossing at the intersection of Forestview Boulevard
at Parkside Road.
EXECUTIVE SUMMARY
A school crossing guard is warranted at the intersection of Forestview Boulevard at
Parkside Road to supervise the high volume of children crossing at this location.
BACKGROUND
The Principal of Forestview Public School requested City Staff to investigate the feasibility
of providing assistance for students crossing Forestview Boulevard at Desanka Avenue
and /or Parkside Road.
Forestview Public School is a junior kindergarten to eighth grade school located on the
north side of Forestview Boulevard between Kalar Road and Parkside Road in the
Deerfield Estates Subdivision. The school boundary extends from Thorold Townline Road
to the west, the hydro transmission corridor south of Milomir Street to the south, the Queen
Elizabeth Way to the east and Lundy's Lane to the north. New residences continue to be
constructed within the immediate area. The majority of students live within the walking
boundary. The school operates a Kiss and Ride program and school buses board and
alight students in the school parking lot. These were both design consideration when this
property went through site plan control before the school was built.
Forestview Boulevard is a 9.15 metre wide collector road extending in an east /west
direction from Garner Road to Kalar Road where it continues east as Rideau Street.
Forestview Boulevard consists of a curb and gutter, grass boulevard and concrete sidewalk
on both sides. Stopping prohibitions exist on both sides of Forestview Boulevard abutting
the school lands.
Parkside Road is a collector road consisting of the same cross - section as Forestview
Boulevard. The roadway extends from McLeod Road to the south to Angie Drive to the
February 28, 2012 -2- TS- 2012 -11
north. Light standards are present on both sides providing nighttime illumination.
Forestview Boulevard at Parkside Road is currently an all -way stop controlled intersection.
Desanka Avenue is a local road that extends south from Forestview Boulevard and
consists of a sidewalk on the east side only, separated from the road by a boulevard. The
intersection of Forestview Boulevard and Desanka Avenue is controlled by a stop sign
facing northbound motorists only. All of the local roads within the Deerfield Estates
subdivision with the exception of cul -de -sacs either have or is planned to have a sidewalk
on at least one side.
Kalar Road is a four -lane arterial road and it abuts the elementary school to the east and
its intersection with Forestview Boulevard /Rideau Street is signalized. Two (2) crossing
guards provide assistance to students at this intersection primarily for those residing east
of Kalar Road.
ANALYSIS /RATIONALE
Technical studies to assess whether a school crossing guard is warranted were carried out
at the intersection of Forestview Boulevard at Parkside Road. The intersection is currently
controlled by an all -way stop. There were 12 students observed crossing Forestview
Boulevard in the morning, and 58 students were observed crossing in the afternoon. The
warrants for the crossing guard were fulfilled based on pedestrian and vehicle volume.
Additional studies were carried out to determine whether a school crossing guard is
warranted at the intersection of Forestview Boulevard and Desanka Avenue. There were
eight students crossing in the morning and an additional twelve students following
dismissal. Observations indicated that this mid block location, immediately in front of the
school is not a suitable crossing location given the volume of vehicle traffic and that the
location is between the two main driveways of the school. Children wishing to cross in this
area should proceed to either Kalar Road where there are currently two school crossing
guards, or to Forestview Street and Parkside Road where the new guard is recommended.
A review of the collision files for the previous three years identifies that a collision problem
does not exist on Forestview Boulevard. A visibility review at the two intersections
identified that motorists have adequate sight lines to see and stop for the downstream stop
signs, and once in a stopped position, can see approaching traffic on the opposing road.
Pedestrians are also afforded unrestricted visibility at both intersections. All posted signs
were observed to be in good condition, clearly visible to approaching motorists.
Speed data was collected on Forestview Boulevard midway between Kalar Road and
Parkside Road using a handheld radar device. The operating speed obtained was 51 km /h
during the morning session and 52 km /h during the afternoon. Given the 50 -km /h speed
limit, a speeding problem on Forestview Boulevard was not observed. However, stop sign
compliance studies at the intersection of Forestview Boulevard at Parkside Road indicate
that there is a high noncompliance rate. The Niagara Regional Police have been
requested to provide enforcement of the fail -to -stop violations at this intersection.
Given the high vehicular turning and pedestrian crossing volumes at Parkside Road and
Forestview Boulevard, Staff recommends that school crossing guard assistance be
provided to supervise students crossing at this location. Staff is not recommending that
February 28, 2012 _3_ TS- 2012 -11
a school crossing guard be provided for the intersection of Forestview Boulevard and
Desanka Avenue. There is substantial vehicular activity in this area due to parents
queuing on the street waiting to enter the parking lot which would make a mid block
crossing at this intersection undesirable. Students proceeding north on Desanka Avenue
can proceed either to the existing crossing guard location at Kalar Road or at the
recommended Parkside Road location, both of which are Tess than 150 metres (500 feet)
away.
City Staff notified the school principal of its recommendation to provide a school crossing
assistance at the intersection of Forestview Boulevard at Parkside Road.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The placement of the school crossing guard and associated school crossing signs is
carried out by Transportation Services staff. Cost estimates for the signs are
approximately $1,100. The annual cost for employing the school crossing guard is
approximately $7,000. All costs have been included in the 2012 General Purposes Budget.
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: /f'6.X
Karl Dren, Director of Transportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
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TS- 2012 -01
February 28, 2012
NiagaraFalls
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -01
McMicking Street
Parking Control Review
RECOMMENDATIONS
1. A no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to
Friday, be established on the north side of McMicking Street between Dorchester
Road and Piva Avenue.
2. A no stopping zone at all times be established on the south side of McMicking
Street between a point 10 metres west of Piva Avenue and a point 10 metres east
of Piva Avenue.
3. A no stopping zone at all times be established on the north side of McMicking Street
between Piva Avenue and a point 15 metres east of Piva Avenue.
EXECUTIVE SUMMARY
The proposed stopping prohibitions will enable unobstructed traffic progression on
McMicking Street throughout the school year while maintaining on- street parking on one
side for parents of children attending Prince Philip Public School. Parking will remain
available on both sides for residents after 4:30 p.m. on weekdays and all day on weekends.
BACKGROUND
In response to safety concerns, staff has carried out a parking review on McMicking Street
in the vicinity of Prince Philip Public School. The concern at this location stem from
vehicles being parked on both sides of McMicking Street restricting two -way traffic flow.
McMicking Street is a residential roadway extending in an east/west direction between
Dorchester Road and St. Paul Avenue. The roadway is 8 metres in width and consists of
a curb face sidewalk on each side. At the present time there are no parking restrictions
in the study section of McMicking Street.
Prince Philip Public School is located on the east side of Dorchester Road, south of
McMicking Street. The school's parking lot is accessible through a one -way entrance from
Dorchester Road and a one -way exit onto McMicking Street opposite of Piva Avenue. The
parking lot is for school administration and staff. Eleven (11) full size school buses
February 28, 2012 -2- TS- 2012 -01
transport students to /from Prince Philip Public School on a daily basis. At school dismissal,
bus drivers line up in the entrance driveway to the school and overflow onto the east
shoulder of Dorchester Road. To deter parents /guardians from attempting the access the
school parking lot during pickup time, the school has posted a sign at the driveway stating
"Buses Only 2:40 p.m. to 3:05 p.m., Monday - Friday." McMicking Street is the closest
option for parents to park.
ANALYSIS /RATIONALE
Staff observed that vehicles parked on both sides of McMicking Street between Dorchester
Road and Piva Avenue obstructed through traffic. Furthermore, it was observed that
drivers are parking within the functional area of the McMicking Street/Piva Street
intersection. This poses a challenge for school bus drivers as they attempt to exit the
school parking lot.
The above mentioned parking concerns are prevalent during the drop off /pickup time at
Prince Philip Public School and can be exacerbated during the winter months when snow
banks further reduce the road width. To mitigate the aforementioned concerns, Staff is
recommending a no stopping zone during school days /hours on the north side of
McMicking Street between Dorchester Road and Piva Avenue. This restriction will enable
traffic to adequately proceed along this section of McMicking Street. Further, it will allow
children to board or disembark their guardian's vehicle directly from the sidewalk that
extends along the south side of McMicking Street, thus reducing a child's exposure to
traffic. No stopping zones are also recommended on the south side of McMicking Street
adjacent to the school exit, as well as a short section on the north side of McMicking Street
east of Piva Street. These restrictions will prevent drivers from parking too close to the
intersection, thus increasing sight lines and manouevre space for drivers at the intersection
and allowing bus drivers to safely exit the school site.
The results obtained from a parking petition on McMicking Street did not reveal a statistical
consensus. A review of the collision files reveals that there were no collisions involving
parked vehicles reported in the study area in the previous three years.
Staff met with the school principal to discuss the parking concerns and to recommend a
Kiss and Ride program for the school. The school property has an ideal layout with an
entrance only via Dorchester Road and exit onto McMicking Street. The asphalt width
along the entrance driveway would need to be doubled, from 18 feet wide to 36 feet wide
to accommodate the required number of lanes needed for buses and parents. However,
the school is not interested in establishing a Kiss and Ride program on their property at this
time, and to discourage parents /guardians from entering the school property, a sign stating
"Buses Only 2:40 p.m. to 3:05 p.m., Monday - Friday" is posted at their entrance. Should
there be any traffic /parking operational resulting from the proposed stopping prohibitions,
Staff will encourage the school to reconsider a Kiss and Ride program to mitigate adverse
off -site conditions. The proposed parking controls are supported by the school principal.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the signs is carried out by Transportation Services staff. The labour and
material cost is accounted for in the 2012 General Purposes Budget. Cost studies
estimate that the cost to install the required signage is approximately $650.
February 28, 2012 _3- TS- 2012 -01
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:
Karl Dren, Director of Transportation Services
Respectfully submitted: 1
Ken Todd, Chief Administrative Officer
/M. Carrick
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• • • • • Proposed "No Stopping 8:00 a.m. to 4:30 p.m., Monday to Friday" Zone
Proposed "No Stopping At All Times" Zone
TS- 2012 -06
Niagarafg1,4
February 28, 2012
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -06
Cherrygrove Road at Dovewood Drive
Intersection Control Review
RECOMMENDATION
That a stop sign be installed facing southbound motorists on Dovewood Drive at
Cherrygrove Road.
EXECUTIVE SUMMARY
A stop sign is warranted facing southbound traffic on on Dovewood Drive at Cherrygrove
Road that will require all drivers stop before entering the intersection.
BACKGROUND
City Staff has been requested to investigate the feasibility of installing a stop sign at the
intersection of Cherrygrove Road at Dovewood Drive. Currently, there is no control at this
intersection.
ANALYSIS /RATIONALE
Study results indicate that a stop control is warranted at the intersection of Cherrygrove
Road at Dovewood Drive. The visibility triangle requirements for the basic right -of -way rule
are not met thus warranting additional controls. This is common in developed residential
areas with buildings and fencing normally constructed within the visibility clear zone. This
triangle provides motorists sufficient visibility to view approaching vehicles and therefore
be able to react appropriately. A collision review revealed that no collisions have been
reported at the intersection of Cherrygrove Road at Dovewood Drive, nor any of the roads
extending from the intersection in the previous three -year period.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The installation of the signs is carried out by Transportation Services staff. The labour and
material cost is accounted for in the 2012 General Purposes Budget. Cost studies
estimate that the cost to install the stop sign is approximately $350.
February 28, 2012 -2- TS- 2012 -06
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: / �_� ---- - - - ---
Karl Dren, Director of Transportation Services
Respectfully submitted: [2144.4)
Ken Todd, Chief Administrative Officer
/M Carrick
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TS- 2012 -13
February 28, 2012
Niagara, ails
REPORT TO: Mayor James M. Diodati
And Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS- 2012 -13
Award of Pavement Marking Tenders
RFT04 -2012 and RFT05 -2012
RECOMMENDATION
1. That Provincial Maintenance be awarded Contract RFT04 -2012 and RFT05 -2012
for on- street pavement markings, truck - mounted and small machines, and
2. That the Mayor and City Clerk be authorized to execute the necessary agreements.
EXECUTIVE SUMMARY
The execution of the two tenders by the successful bidder will provide for the application
of pavement markings on city streets throughout Niagara Falls commencing April 2012 and
terminating December 31, 2014.
BACKGROUND
In the presence of the Manager of Clerks Services, and Manager of Supply and Services
tenders for the Supply of Materials and Services for Pavement Marking were opened on
Tuesday February 14, 2012. Two tenders were issued for a three - yearperiod each. Three
(3) bids were received for contracts RFT04 -2012 & RFT05 -2012. A summary of the bids
is detailed below:
RFT04 - 2012 - Truck Mounted
Company Name Business Location Tender Price (exc. HST)
2012
Guild Electric Toronto $ 264,943.30
Provincial Maintenance Niagara Falls $ 148,510.00
Woodbine Pavement Markings Scarborough $ 264,050.00
2013
Guild Electric Toronto $ 264,943.30
Provincial Maintenance Niagara Falls $ 148,510.00
Woodbine Pavement Markings Scarborough $ 264,050.00
2014
Guild Electric Toronto $ 264,943.30
Provincial Maintenance Niagara Falls $ 148,510.00
Woodbine Pavement Markings Scarborough $ 264,050.00
February 28, 2012 -2- TS- 2012 -13
3 -year Total bid for Truck Mounted
Guild Electric Toronto $ 794,829.90
Provincial Maintenance Niagara Falls $ 445,530.00
Woodbine Pavement Markings Scarborough $ 792,150.00
RFT05 -2012 - SmaII Machines on- street
Company Name Business Location Tender Price (exc. HST)
2012
A -1 Asphalt Maintenance Dundas $ 133,050.00
Provincial Maintenance Niagara Falls $ 97,720.00
Guild Electric Toronto $ 155,025.50
2013
A -1 Asphalt Maintenance Dundas $ 145,150.00*
Provincial Maintenance Niagara Falls $ 106,770.00*
Guild Electric Toronto $ 169,330.50
2014
A -1 Asphalt Maintenance Dundas $ 145,150.00*
Provincial Maintenance Niagara Falls $ 106,770.00*
Guild Electric Toronto $ 169,330.50
3 -year Total bid for all SmaII Machines on- street:
A -1 Asphalt Maintenance Dundas $ 423,350.00*
Provincial Maintenance Niagara Falls $ 311,260.00*
Guild Electric Toronto $ 493,686.50
* indicates corrected bid
ANALYSIS /RATIONALE
The tender procures contractors services for providing labour, materials and equipment
for applying pavement markings on- street throughout the city. On- street pavement
markings are essential for vehicle safety and regulation of traffic. Provincial Maintenance
is the lower bidder on the tenders and has previously performed the required duties to the
City of Niagara Falls standards.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The budgeted amount for 2012 for combined on- street truck mounted and small machine
pavement markings is $ 247,000.00. The successful low bid amount for the single year
is $246,230.00 demonstrating a variance of under $1,000.00.
Appropriate funds have been allocated in the 2012 budget.
February 28, 2012 -3- TS- 2012 -13
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, public transit and safety.
Recommended by: �--,
Karl Dren, Director of Transportation Services
Respectfully submitted: P4414i-
Ken Todd, Chief Administrative Officer
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CITY OF NIAGARA FALLS
By-law No. 2012 -
A by -law to establish Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and
John Street, City of Niagara Falls.
WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law
to establish a highway;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
1. That Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and John
Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for
public highway purposes.
2. That said Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and
John Street, City of Niagara Falls is hereby established as a public highway, be known as and
form part of North Falls Avenue.
Passed this 28` day of February, 2012
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading February 28, 2012.
Second Reading February 28, 2012.
Third Reading February 28, 2012.
CITY OF NIAGARA FALLS
By -law No. 2012 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28t day
of February, 2012.
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 28t day of February, 2012 including
all motions, resolutions and other actions taken by the Council at its said meeting, are hereby
adopted, ratified and confirmed as if they were expressly embodied in this by -law, except
where the prior approval of the Ontario Municipal Board or other authority is by law required
or any action required by law to be taken by resolution.
2. Where no individual by -law has been or is passed with respect to the taking of any action
authorized in or with respect to the exercise of any powers by the Council, then this by -law
shall be deemed for all purposes to be the by-law required for approving, authorizing and
taking of any action authorized therein or thereby, or required for the exercise of any powers
thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required, and, except where otherwise provided, the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this twenty- eighth day of February, 2012.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: February 28, 2012
Second Reading: February 28, 2012
Third Reading: February 28, 2012