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2012/04/24
Tuesday, April 24, 2012 Order of Business and Agenda Package Niagaraa11s COUNCIL MEETING April 24, 2012 PRAYER: Councillor Gates ADOPTION OF MINUTES: Council Minutes of March 27, 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. PRESENTATIONS/ DEPUTATIONS Captain William Fielding Council will recognize Niagara Falls native, Captain William Fielding, who received the Medal of Military Valour for heroic actions will serving in Afghanistan. Blue Community Robyn Hamlyn, a 13 year old from Kingston, will address Council on being a "blue community ". Please note: some of Council's previous efforts and resolutions, such as the ban on plastic water bottle sales are outlined in the Council package. NF Lions Legacy Trail Jim Fyfe and representatives from the Niagara Falls Lions Club will address Council on a proposed trail project. -2- 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 Vlado Mazalica Correspondence from Kenneth Westhaus Public Meeting AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Park and Parking lot Expansion Background Material: Recommendation Report: PD- 2012 -27 -AND- - 2 - AN D- Correspondence from Janice Wing Correspondence from Corey Delazzari Correspondence from B. Mark Doucet Correspondence from Guenivere Wheeler -Wing Correspondence from Conrad & Joyce Bellefleur Correspondence from Bradley Pine Correspondence from D. Ruscitti Copy of Petition Correspondence from Kiwanis Club of Stamford Correspondence from W. N Watters Correspondence from various residents Correspondence from Jock Ainslie Copy of notes take at the Second Open House - 3 - BUDGET MATTERS The Director of Finance will make a presentation on the status of the Municipal Utility Budget. 1. F- 2012 -16- 2012 Municipal Utility Budget 2. F- 2012 -20 - Regional Wastewater Overpayment Transfer to Special Purpose Reserves for Meter Replacement MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 DWQMS Coordinator - requesting May 6 - 12th be proclaimed as Drinking Water Week. RECOMMENDATION: For the Approval of Council. 2. RedBoss Pyrotechnics - request for fireworks displays at the Great Wolf Lodge for various dates in the summer and on New year's Eve. RECOMMENDATION: For the Approval of Council, subject to the appropriate insurance coverage acceptable to the City. 3. Regional Municipality of Niagara - requesting input from Council on the application by Sobey's for a tourist exemption for various statutory holidays under the Retail Business Holiday's Act. RECOMMENDATION: That Council support the application. 4. Downtown BIA - requesting approval of their 2012 budget. RECOMMENDATION: For the Approval of Council. 5. Marineland - requesting to enter into lease arrangements with the City and the Region to enable beautification efforts at their entrance and exit. RECOMMENDATION: Refer to staff. 6. Town of Grimsby - requesting Council support petitioning the Provincial government to reconsider the cancellation of the West Lincoln Memorial Hospital. RECOMMENDATION: For the Consideration of Council. 4 7 Town of Niagara -on- the -Lake - requesting requesting Council support petitioning the OLGC to reconsider the decision to eliminate slot machines at the Fort Erie racetrack. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS RATIFICATION OF "IN CAMERA" RECOMMENDATIONS RESOLUTIONS 1 THEREFORE BE IT RESOLVED that Council consent to Centennial Square being the venue fior a wine garden for this year's Springlicious and that Niagara Falls City Council considers the fifth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the first annual Guy Show as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 5 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2012 -07 - VTS Maintenance Facility Location Update F- 2012 -18 - Major Receivables Monthly (March) F- 2012 -19 - Municipal Accounts L- 2012 -09 - 1720679 Ontario Limited (Menechella), Encroachment Agreement with the City, 4955 Clifton Hill (Dave & Buster's) MW- 2012 -19 - Kalar Road Municipal Class Environmental Assessment Study , Westwood Street to Lundy's Lane, Final Report and Recommendation MW- 2012 -20 - DWQMS Operational Plan Annual Submission MW- 2012 -22 - Commemorative Tree and Bench Proposal MW- 2012 -24 - Tender - Dorchester Road Reconstruction Mountain Road to Calaguiro Drive. PD- 2012 -29 - 26CD -11- 2012 -01, Proposed Plan of Condominium, 5936 -5944 Main Street. Applicant: 1594268 Ontario Limited. TS- 2012 -15 - Visitor Transportation System (VTS) Maintenance Staff Requirements TS- 2012 -16 - Garner Road and Warner Road Temporary Heavy Vehicle Restrictions TS- 2012 -05 - Parkside Road - Parking Review TS- 2012 -17 - First Avenue - Parking Review TS- 2012 -18 - Crysler Avenue - Taxi Stand Removal - 6 - BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -22 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited) 2012 -23 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2012 -24 A by -law to authorize the payment of $37,284,901.89 for General Purposes. 2012 -26 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of April, 2012. NEW BUSINESS (4/11/2012) Dean lorfida - Capt. Will Fielding Page 1 From: Jim Diodati To: Sarah Conidi CC: Dean lorfida Date: 3/4/2012 10:05 PM Subject: Capt. Will Fielding S...let's get him to a Council mtg for recognition. He recd the Medal of Military Valour, from Gov. Gen. David Johnston, in Jan \12. Pls track him down. Thx J Falls native receives Medal of Military Valour ... 1 Local 1 News 1 Niagara Falls Review Page 1 of 2 DEALS ON HEELS BREAKING NEWS Rel JtJST .11 SHOP NOW • JustFab.ca I © 20121ustFab CLOSE X ptav wo SHE 1111DUJ7gr 5IMCE 111112 Mil�r�s Serving All Your' Automotive Nee1lS! .k 1- 800-263 -8104 Minimum $250 paid for your complete retired vehicle CLICK for more INFO NEWS LOCAL Falls native receives Medal of Military Valour for heroic actions in Afghanistan By Dan Dakin, Niagara Falls Review Friday, January 27, 2012 1:5546 EST PM Air Force Capt. William Fielding, from Niagara Falls, received the Medal of Military Valour from Gov. Gen. David Johnson in Ottawa on Thursday CHRIS ROUSSAKIS QMI Agency Niagara - When the military helicopter he was flying was hit with enemy fire, rendering it nearly unable to fly, Capt. Will Fielding knew exactly what to do. With the CH -147 Chinook on fire and smoke filling the cockpit, the Niagara Falls native safely landed the helicopter in enemy territory before evacuating the five crew http : / /www.niagarafallsreview.ca /2012/01 /26 /falls- native - receives- medal -of- military - valou... 4/18/2012 Falls native receives Medal of Military Valour ... 1 Local 1 News 1Niagara Falls Review Page 2 of 2 For his actions during that Aug. 5, 2010 incident in Panjwaji, Afghanistan, Fielding was awarded the Medal of Military Valour from Gov. Gen. David Johnston Thursday during a ceremony in Ottawa. It's the third - highest Canadian decoration for valour and seven of them were handed out by Johnston to members of the Canadian Forces who "displayed gallantry and devotion to duty in combat." In its release about Fielding's recognition, the Governor General's office said "His outstanding courage and devotion to duty allowed him to execute an emergency landing and then lead the evacuation of the burning aircraft . His actions no doubt saved the lives of all crew and passengers that day." He was the first Canadian pilot since the Second World War to be shot down in combat. Fielding now works at Canadian Forces Base Borden near Georgian Bay, helping to train pilots to fly tactical helicopters. In an interview with the Niagara Falls Review last year, Fielding said he "sees things differently" since the incident in Afghanistan. "It has positively changed my outlook on life, because life is short," he said. "When you're that close to potentially the end, you gain a new appreciation of even miniscule things." http: / /www. niagarafallsreview.ca /2012/01 /26 /falls- native - receives - medal -of -mil itary- valou... 4/18/2012 November 4, 2011 Mayor Jim Diodati The City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Mayor Diodati, My name is Robyn IIamlyn. I live in Kingston, Ontario and I'm 13 years old. In August I met with my mayor. Mark Gerretsen, to discuss a letter I wrote to him earlier. This letter told him about my worries about our fresh water supply and that we had to do something now to help. In June, my teacher showed us a documentary called Blue Gold: World Water Wars and it shocked me. It showed us that: 1) Our earth holds 97% salt water and 3% fresh water. Almost all of that 3% is polluted. 2) We use up water faster than it can be replenished. Just around the Great Lakes, we pump almost 3.2 trillion litres of water a day. 7.6 billion litres do not get returned. 3) Canada is a water rich country and as water becomes polluted, the rest of the world will look to us for water. The Great Lakes are a main target. What is really scary is that they are saying this will probably happen within 10 to 20 years from now when I'm a young adult. 'Ibis information changed my life. It made me realize the bigger picture, that there's going to be a huge water collapse and possibly a war, in ten to twenty years. We're all going to be apart of it. My mayor listened to me and agreed that something had to be done. I told him that I wanted to make Kingston a Blue Community. In order for this to happen. three resolutions needed to be passed. They are: 1) Ban the sale of bottled water in public facilities. 2) Recognize water as a human right. 3) Promote publicly owned and operated water and sanitation services. Ile invited me to speak on September 20, 2011 to Kingston's City Council. I did and Kingston was declared a Blue Community that night. I have a goal and that is to make all municipalities in Ontario Blue Communities. After that, I want to approach other provinces. I know that I can do this. but I need your support. Can I come and meet with you to discuss these resolutions? I can be reached at 613 -634 -8055 or by e -mail at my mother's e -mail address joanne.haml yn(u: sy mpatico.ca. Sincerely, 44 X441 Robyn Ilamlyn ;SOON WHIG - STANDARD ) PAGE localnews )0 days in jail not too fun his pro - 'amended :ce abuse probation er. Foxurn gas taken to being rcc Infer. tries and ,upervi- tnt. avoided marked rrwser on Wilson Stteet saw Freeland arming to and them on his dirt bike, but before they couid:tppzebttnd him. she Nald, he headed inro the fields behind the Nally Elmer Youth Centre and out again no MacCaulev Street, where they n t him it record time. He surfaced once mu,. wan the same result, acenrdntg to Fusion, before police eventually located the yellow dirt hike he'd hen riding parked nntstde a res- • COUNCIL Kingston declared 'blue community' FROM PA43E 1 • Councillors declared Kingston a 'blue community" Tuesday night based on United Nations resolutions recognizing that all people have the right to clean watet and satrimtion. Criteria for the blue destgna- non prelude having banned the sale of bmdesi water in public fa• ditties and at municipal events, recognizing water as a human right and committing to publicly financed, owned and operated water and wastewater services. The concept of becoming a blue community was Introduced to council by Robyn Hamlyn, a 7 3. year -old student from Len caster Drive Public School. • At deadline Tuesday night, councillors were debating a plan to -overt St3.e trillion into af- fordable housing, a top priority of the cttrrem council, lie coy has a waiting Ilst of people to peed of 4,173 units ranging from One tor five bed- rooms and Including seniors apartments. The' average. wait time In Kingston for o une- bedruom apartment Is five to eight years. Seniors can wait up to four years or rental accommoda- tion. The vacancy rate for rental units in Kingston is dust 1%. pschileumnnnWlum hrgcoot (4/18/2012) Dean Iorfida - RE: April 24, 2012; Niagara Falls City Council Meeting From: To: Date: Subject: Attachments: Dean Iorfida Joanne Hamlyn; Sarah Conidi 4/16/2012 9:18 AM RE: April 24, 2012; Niagara Falls City Council Meeting Blue W.pdf; Fracking.pdf Hello Mrs. Hamlyn: The answers to your questions are in the body of your email. We look forward to seeing Robyn on April 24th. Thanks Dean »> Joanne Hamlyn <joanne.hamlyn(asympatico.ca> 4/15/2012 4:38 PM »> Good afternoon This is Joanne Hamlyn, Robyn's mom. Robyn is working on her speech to Council and we wanted to confirm a few things: 1) Has Niagara Falls banned the sale of bottled water in all public facilities (including arenas, etc.) and at all municipal events? Yes, with the exception of a vendor who had a pre- existing contract at our community centre, the sale of plastic bottles is prohibited at City facilities. Niagara Falls was the first municipality to institute such a ban in Ontario. 2) Is Niagara Falls water and wastewater services publicly owned and operated? Yes. 3) Has Niagara Falls passed a resolution recognizing water as a human right Not specifically. In addition to the ban on plastic water bottles, the City has recently adopted the Blue W program (see attached) and passed a resolution opposed to hydraulic fracturing in the Great Lakes Basin. 4) Can we submit the attached pdf file to be included in the information packages for each of the councillors for that night? Yes, we will include the pdf in our agenda. 5) How long does Robyn have to present? 10 minutes. If you could get back to us on this, we would really appreciate it. Thank you! Joanne Hamlyn From: Sarah Conidi j mailto:SConidi©niagarafalls.cal Sent: January-19 -12 4:03 PM To: Joanne Hamlyn Cc: Dean Iorfida Subject: RE: April 24, 2012; Niagara Falls City Council Meeting Page 1 (4/18/2012) Dean lorfida - RE April 24, 2012; Niagara Falls City Council Meeting Page 2 Hi Robin, I'm copying our City Clerk, Dean Iorfida, on this e-mail so he is also made aware of your confirmation. There is no paperwork that needs to be filled out beforehand. You will be making a formal deputation before City Council and Mayor Diodati during their assembly. The meeting begins at 6:30 and they'll look forward to meeting you then. All the best! Sarah Conidi Executive Assistant, Office of the Mayor 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON. Canada L2E 6X5 (t) 905.356.7521, ext. 4206 (f) 905.374.3557 (e) < mailto :sconidiCaniagarafalls.ca> sconidiCa niagarafalls.ca <httpJ /www.niagarafalls.cal> »> Joanne Hamlyn <joanne.hamlyn©sympatico.ca> 1/18/2012 5:29 PM »> Hi Mrs. Conidi! I apologize for getting back to you so late. I just returned from a trip to the U.S. last night. I can't wait to present at your Council meeting. Will I be meeting with Mayor Diodati before the meeting? Do we have to fill out any paperwork prior to the presentation? Thanks so much! Robyn Hamlyn (4/18/2012) Dean lorfida - RE: April 24, 2012; Niagara Falls City Council Meeting Page 3 From: Sarah Conidi j mailto:SConidi©niagarafalls.ca1 Sent: January-13 -12 1:52 PM To: ioanne.hamlyn(asympatico.ca Cc: Dean Iorfida Subject: April 24, 2012; Niagara Falls City Council Meeting Good Afternoon, As a follow -up to Robyn's conversation with our office, we have included Robyn in the April 24, 2012 agenda for the City Council meeting. The meeting begins at 6:30 PM in Council Chambers at the City Hall. The address for City Hall is 4310 Queen Street, Niagara Falls, Ontario L2E 6X5. We look forward to seeing her then! Sarah Conidi Executive Assistant, Office of the Mayor 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON. Canada L2E 6X5 (t) 905.356.7521, ext. 4206 (f) 905.374.3557 (e) <mailto:sconidi @niagarafalls.ca> sconidi@niagarafalls.ca <http://www.nia_garafalls cal> www.niagarafalls.ca <http: / /www.niagarafalls.ca> The City of Niagara Falls Confidentiality Notice (4/18/2012) Dean lorfida - RE: April 24, 2012; Niagara Falls City Council Meeting The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. www.niagarafalls.ca <http: / /www.niagarafalls.ca> The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. Page 4 (4/18/2012) Dean Iorfida - Blue W.pdf Page 1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -08 Promotion of Municipal Drinking Water Blue W Program RECOMMENDATION That staff be authorized to proceed with the implementation of the Blue W program. EXECUTIVE SUMMARY Blue W is a National tap water refilling network that promotes Municipal drinking water by offering free advertisement to businesses via an Internet website in exchange for offering a safe, clean and free location to refill refutable water bottles. BACKGROUND In Ontario, drinking water is protected from source to tap via a series of Acts. Laws and Regulations. Staff takes great pride in ensuring that drinking water in Niagara Falls meets all requirements set by the Ministry of the Environment. The City's water distribution system has received both 100% compliance and conformance ratings from the Ministry of the Environment and the Canadian General Standards Board respectively. At it's meeting on November 28, 2011, City Council considered the staff recommendations set out in report R &C- 2011 -16 and adopted a number of recommendations related to limiting the sale of plastic beverage bottles at City owned facilities. Recommendation #2 approved by Council directed staff to "develop strategies to improve public awareness and promotion of (the) availability of City tap water and alternatives to single use plastic bottled beverages." Blue W is a positive tap water promotion program that allows anyone with a refillable water bottle to fill their bottle for free with tap water at any location where a Blue W sticker is in the window. This program eliminates the awkwardness associated with asking a location for a glass of water without buying anything. Staff feels that this type of program is an excellent way of promoting City tap water. City Staff has shared this idea with the Mayor's Youth Advisory Committee and the Park in the City Committees who have enthusiastically endorsed this cost effective proposal. (4/18/2012) Dean Iorfida - Blue W.pdf Page 2 February 14, 2012 ANALYSIS /RATIONALE - 2 - MW- 2012 -08 Blue W is the only program in Canada that tells users via www.bluew.orq or smart phone application where they can refill their refutable water bottles for free. The program works by having a Blue W representative or trained volunteer approach a location (restaurant, cafe, business) to see if they are interested in providing a location where anyone with a refutable water bottle can refill their bottle with tap water for free, with no obligation of purchasing anything from that location. The location must meet certain criteria such as having an appropriate filling location, which includes "a goose neck' or similar style faucet. The faucet is open and in plain view when the consumer passes the refutable bottle to the location staff member for the bottle to be refilled. In exchange for their participation, the location is placed on the aforementioned www.bluew.org , where the location is plotted on "Google Maps" along with all the other participating locations. When a user types in their location, the closest Blue W participants are then illustrated on the map, as well as any others within the users vicinity. Blue W has been successful in recruiting more than 3,700 locations across Canada. Some of the participating cities in Ontario are London, Waterloo, Guelph and Collingwood. Included in these locations are high profile businesses such as Starbucks in Guelph and Tim Hortons in Waterloo. Commercial establishments see this program as a way to increase foot traffic and enhance community engagement. Staff feels by implementing this program, it will reduce the need to install public fountains, provide residents and visitors better access to drinking water, and promote City tap water. The City has installed goose neck fountains or water jug filling taps at the following community facilities to provide free public access to city water: MacBain Community Centre, Gale Centre, Chippawa Willoughby Memorial Arena, Coronation 50 Plus Recreation Centre. Access to City water can also be found at the following parks: C. W. Palmer Park, E.E. Mitchelson Park, Kalar Road Park, M.F. Ker Park, MacBain Park, Oakes Park, Patrick Cummings Memorial Sport Complex and W.L. Houck Park. To further improve public awareness and promotion of availability of City tap water staff recommend the following items be implemented: • Flyer to be developed and placed in all out -of -town tournaments and special event packages to explain: the benefits of City tap water versus single use water bottles, the Blue W initiative and options to purchase /or bring their own refillable water container to recreation facilities. Develop posters to place throughout the Gale Centre (hallways, dressing rooms, concession area etc.) and other community facilities to highlight the benefits of City tap water and the negative effects of single usage plastic water bottles. Send out a media release to attract newspaper editorial highlighting the pros of City tap water. Digital information messages can be designed to run on the Gale Centre televisions. (4/18/2012) Dean Iorfida - Blue W.pdf Page 3 February 14, 2012 - 3 - MW- 2012 -08 Encourage user groups that utilize City -owned facilities to place a tag -line on the bottom of their public advertisements, encouraging people to use City tap water instead of single usage plastic water bottles (e.g., "Go GREEN to better our community "). STAFFING IMPLICATIONS Initially, the program is implemented and run by Blue W, in coordination with City staff. Once fully implemented, Blue W steps aside and the program continues on its own, with minimal staff time required. The DWQMS Coordinator will be the City contact for this program. To assist with the implementation, staff has received offers from 15 volunteers of the Mayor's Youth Advisory Committee as a result of a presentation given on January 11th. FINANCIAL IMPLICATIONS The Blue W program can be customized to meet the specific needs of the City. The cost of the entire program, with all available options and minimal staff involvement is $8,840.00. This cost represents an upset limit for the purposes of the budget. The program will be tailored to the need depending on the commitment from the business community. The cost of this program is accommodated within the 2012 Utility Budget. CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to enhance customer service for internal and external customers and promote the availability of City tap water. LIST OF ATTACHMENTS 1 Mayor's Youth Advisory Committee Motion to Support the Program 2. Park in the City Committee Motion to Support the Program 3 Proposal from Blue W 4. Council Report R &C- 2011 -16 - Plastic Bottled Beverages Dated November 28, 2011. Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Directo'f of Municipal Works Ken Todd, Chief Administrative Officer • Blue Communities Project Guide ?jrnl' 11e town b%uet THE COUNCIL DE CANADIANS LE CONSEIL DES CANADIENS CUPE•SCFP Blue Communities Project Guide In this guide: What is a blue Community? ... pg 3 Recognize water as a human right ... pg 5 Ban the sale of bottled water in municipal facilities and at municipal events ... pg 9 Promote publicly -owned and operated water and wastewater infrastructure ... pg 12 Blue Communities Checklist ... pg 16 AtA arlQ What is a blue community? A "blue community" is one that adopts a water commons framework by taking the three actions outlined in this guide. A water commons framework treats water as belonging to no one, and the responsibility of all. Because water is central to human activity, it must be governed by principles that allow for reasonable use, equal distribution and responsible treatment in order to preserve water for nature and future generations. The Blue Communities Project calls on communities to adopt a water commons framework by: 1. Recognizing water as a human right. 2. Promoting publicly financed, owned and operated water and waste- water services. 3. Banning the sale of bottled water in public facilities and at munici- pal events. This guide provides information and resources to help you achieve these goals. The Blue Communities Project The Blue Communities Project is a joint initiative of the Council of Canadians and the Canadian Union of Public Employees (CUPE). This project builds on a decade of Water Watch work in coalition with many other groups to protect public water services and challenge the bottled water industry. The Blue Communities Project Guide was created to help community activists and local leaders protect the water commons — our shared water resources — in the face of increasing pressure to put water up for sale and privatize water services. As a public sector worker, municipal councillor or community activist pursuing the creation of a "blue community," you will become part of a growing movement for public water in Canada. Blue Communities Project Guide 3 I Why Blue Communities? Canada's waterways are increasingly polluted and depleted by unsustainable industrial, agricultural and municipal activities. Our water services face the growing threats of underfunding and privatization. The need to protect water resources and services is urgent and governments must play a central role in ensuring water is used responsibly and allocated fairly. The push to privatize Canada's water and sewage systems through long- term operation contracts, or so- called public - private partnerships (P3s), began more than a decade ago. The Harper government has made water privatization a key part of its agenda in the last few years by committing public money destined for water infrastructure to the hands of water profiteers through funding mechanisms aimed at promoting P3s. In the meantime, the bottled water industry sells water — what should be a shared public resource — for huge profits. Greenhouse gasses are emitted and watersheds destroyed as a result of producing and transporting bottled water. Bottled water production places a huge stress on increasingly scarce water resources. Finally, Canada has refused to recognize water as a human right domestically, and has actively prevented the adoption of water as a human right in international law. Municipalities are responsible for water quality, supply, treatment and conservation. The adoption of a water commons framework to address these problems at the community level is crucial in the battle to preserve water and ensure fair access to all. 1 -800- 387 -7177 1 www.canadians.org /water 1 www.cupe.ca /water • Blue Communities Project Guide What community activists can do Support a municipal declaration on recognizing water as a human right. Ask your Member of Parliament to support Canada recognizing the right to water at the United Nations. What municipalities can do Sign a municipal declaration recognizing water as a human right. Call on regional municipal bodies to recognize water as a human right. AtA Recognize water as a human right Water is essential to life — no one should be able to control it or expropriate it for profit. The human right to water entitles everyone to sufficient, safe, accessible water for personal and domestic uses. The recognition of water as a human right in Canada would ensure that all people living in this country are legally entitled to sufficient quantities of safe, clean drinking water and water for sanitation, and would require that access inequalities be addressed immediately. Unfortunately, water is not officially recognized as a human right by the federal government. On the other hand, the rights of corporations, whose activities drain, contaminate and destroy watersheds, are protected in the North American Free Trade Agreement (NAFTA) and other international trade and investment agreements. Internationally, the Canadian government has also actively prevented the recognition of water as a human right at key United Nations (UN) meetings. In 2002, Canada was the only country to vote against the right to drinking water and sanitation at hearings of the UN Commission on Human Rights (now known as the Human Rights Council). The Canadian government has said that water is an important issue and that countries are responsible for ensuring their populations have access to water. But Canada has clearly stated it does not believe that international law should recognize the existence of a right to water. In the current global water crisis, billions of people still lack access to basic water and sanitation services. Every day, thousands of people die from preventable diseases contracted because they do not have access to clean water. The recognition of water as a human right in international law allows for the means and mechanisms of the UN to be employed to hold governments accountable for ensuring that their populations have access to safe clean drinking water and water for sanitation purposes. Canadian municipalities and the right to water Responsibility for water is shared between provincial, municipal and federal governments. It is therefore crucial that the right to water be enshrined at every level of government. Blue Communities Project Guide 5 A municipal recognition of the right to water would: • Safeguard against a pricing scheme that would limit access to drinking water. • Ensure all residents have equal access to adequate supplies of safe, clean water. • Provide citizens with information on their water supply and the operation of their water services. • Promote water conservation, treatment, reuse and source protec- tion to enhance water quality and quantity. Most Canadian municipalities already meet these criteria. However, official recognition of the right to water at the municipal level would cement these principles. It would also create much - needed momentum to apply pressure on other orders of government to play their role in recognizing water as a human right. 1- 800 - 387 -7177 I www.canadians.org /water 1 www.cupe.ca /water Recognize water as a human right Sample Resolution WHEREAS one in six people around the world does not have access to clean drinking water; and, WHEREAS over a quarter of Canadian municipalities have faced water shortages; and, WHEREAS the Canadian Medical Association reported 1,766 boil water advisories in Canadian communities in 2008 leading to thousands of waterborne illnesses every year; and WHEREASIndigenouscommunities in Canada havebeen disproportionately affected by lack of access to clean safe drinking water; and, WHEREAS the UN Conference on Water in 1977 in Mar del Plata affirmed the right of all persons to access clean drinking water in order to satisfy their fundamental needs; and WHEREAS the Canadian Union of Public Employees and the Council of Canadians have asked Canadian municipalities to assist in their effort to have the federal government recognize access to drinking water as a human right; THEREFORE BE IT RESOLVED that this Council recognizes and affirms that access to clean water is a fundamental human right. BE IT FURTHER RESOLVED that this Council will call on the federal and provincial to enshrine water as a human right in federal and provincial law. BE IT FURTHER RESOLVED that this Council will call on the government of Canada to support the recognition of water as a human right in international law. Blue Communities Project Guide 7 Recognize water as a human right Good practices Wallonia: The Belgian region of Wallonia officially recognizes that, "Each person has the right to dispose of a drinking water of quality and in sufficient quantity for its nutrition, its household needs and its health." In 2006, the Walloon Minister of Environment announced that the region would extend water solidarity to the international level. The region is in the process of developing legislation to support water projects in selected developing countries'. Union of Nova Scotia Municipalities In 2007, the Union of Nova Scotia Municipalities recognized "access to clean water" as a "basic human right." 1 http: / /www.righttowater.org.uk 1 -800- 387 -7177 www.canadians.org /water I www.cupe.ca /water • Blue Communities Project Guide What community activists can do If your community isn't bottled - water free, work in coalition to introduce a motion to stop your municipality or school board from selling or serving bottled water in their facilities and at their events. Push for access to public water by calling for new drinking water fountains in public spaces. What municipalities can do Ban or phase out the sale and purchase of bottled water in municipally -owned facilities and at municipal events. Ensure access to tap water by installing and maintaining drinking water fountains in municipally - owned facilities and at municipally - sponsored events. Promote the value of municipal water through public education campaigns. Protect and improve the quality of municipal tap water. AtA Ban the sale of bottled water in municipal facilities and at municipal events Bottled water represents an "enclosure" or private takeover of the water commons. Corporations take free flowing water from its natural state — or treated municipal water — put it in plastic bottles and sell it at exorbitant rates. While twenty years ago, bottled water was considered a luxury product consumed by a niche market, today one -third of Canadian households rely on bottled water to meet their hydration needs, according to a 2006 Statistics Canada report'. Agriculture and Agrifoods Canada reports that Canadians consume two billion litres of bottled water per year. Canada is a net exporter of bottled water, selling its ancient glacier waters all over the world mostly for the profit of big foreign -owned water companies like Nestle, Coca -Cola and Pepsi. Most provinces charge these companies next to nothing to extract this water from springs and aquifers. Whole watersheds are now under threat from this practice. It also takes a lot of water to bottle water. The production process requires three to five litres of water to produce a one litre bottle of bottled water. In order to persuade people to spend up to 3,000 times what they spend on tap water, bottled water companies advertise their products as a safer and healthier alternative. Nothing can be further from the truth. Bottled water is regulated as a food product under the Canadian Food Inspection Agency. Bottling plants are inspected on average only once every three years. Regulation of tap water, on the other hand, is far more stringent. In general, municipal tap water is tested continuously during and after treatment. Finally, in an era when the world is dealing with the impacts of climate change, the bottled water industry requires massive amounts of fossil fuels to manufacture and transport its product. Increasingly, Canadians are moving back to the tap, rejecting bottled water. A growing number of Canadian municipalities, school boards and other institutions are banning the sale and purchase of bottled water in their facilities and at their events. 1 "Against the flow: Which households drink bottled water ?" EnviroStats, Summer 2008, Vol. 2, no. 2 Blue Communities Project Guide 9 Ban the sale of bottled water in municipal facilities and at municipal events ( *This resolution was passed by London, Ontario municipal council in August 2008, along with a timeline for implementation and further directions for accompanying studies and budget reports. To see the full municipal report, visit www. unbottleit.org) Sample resolution That, on the recommendation of the Acting General Manager of Environmental & Engineering Services & City Engineer, the following actions be taken: A) Municipal council APPROVE a resolution stating the following: WHEREAS the Corporation of the City of London operates and maintains a regulated and sophisticated water distribution system that meets some of the most stringent water quality requirements in the world; WHEREAS the regulatory requirements for monitoring water quality contained in bottled water are not as stringent as those that must be met by the Corporation of the City of London; WHEREAS The Corporation of the City of London delivers water to its residents and businesses that translates, on average, to about one - eighth of a cent per litre; WHEREAS single -use bottled water sold in London is 230 to 3,000 times more expensive than water from the tap in London, even though estimates suggest that between 10% and 25% of the bottled water originates from municipal water systems; WHEREAS resource extraction, packaging and distribution of single -use bottled water creates unnecessary air quality and climate change impacts and consumes unnecessary resources such as oil in the manufacture of plastic bottles and in the fuel used in the transportation of bottled water to the consumer; WHEREAS single -use plastic bottles, although easily recycled through the City of London recycling program, approximately 60% are captured in the Blue Box Program and the rest end up in the garbage bag and ultimately delivered to the City's landfill site taking up unnecessary space without any further contribution to society; WHEREAS single -use plastic bottles that are not recycled in the Blue Box program or placed in the garbage become litter in London's streets, parks and boulevards; WHEREAS the cost of managing single -use plastic bottles along with other recyclable material in the Blue Box program, after material revenue, has been removed, is currently 35% paid by industry stewards and 65% paid by London taxpayers and when the single -use plastic bottles and other recyclable materials are sent to landfill industry stewards do not pay any of the costs; WHEREAS City of London tap water is safe, healthy and accessible to Londoners and visitors, and substantially more sustainable than single - use bottled water; WHEREAS City of London tap water is readily available at most indoor public facilities, either in the form of a faucet in a bathroom or drinking fountain and, where it is not readily available a plan be put in motion to 10 1- 800 - 387 -7177 1 www.canadians.org /water 1 www.cupe.ca /water Ban the sale of bottled water in municipal facilities and at municipal events increase access to municipal water subject to water quality and safety requirements, budget and other considerations; WHEREAS a priority of London Municipal Council remains that where easy access to municipal tap water does not exist, the availability of bottled water is a very appropriate alternative; WHEREAS the City Council wishes to set a positive example to the London community on environmental matters; THEREFORE BE IT RESOLVED THAT a) single -use bottled water will no longer be sold in the City Hall cafeteria, from City-owned or City administered concessions and vending machines in public facilities where easy access to municipal tap water exists; b) single -use bottled water will no longer be purchased and provided at meetings where easy access to municipal water exists; c) The availability of water jugs with municipal water will be increased, where required; d) a City staff and public awareness campaign be developed to support the rationale for these important changes including the need for Londoners to do their part; and e) the following implementation schedule be followed subject to an assessment that tap water is readily accessible at these locations. Good practices Toronto's "HTO to Go" The City of Toronto recently created "HTO to Go" — a mobile water trailer that serves as a big drinking fountain and a fun way to educate people about the city's water. Residents of Toronto organizing a public event can contact the city to have HTO to Go at their event. U.S. mayors challenge bottled water In June 2008, at their annual conference, U.S. mayors passed a resolution to phase out the municipal use of bottled water in favour of tap water. Since then, the movement to ban bottled water has spread among U.S. municipalities. Blue Communities Project Guide 11 • Blue Communities Project Guide What community activists can do Demand a national water infrastructure fund that supports publicly -owned and operated facilities and services by pressuring federal Members of Parliament to make this a priority. Bring a resolution to your local municipal government to protect publicly -owned and operated infrastructure. Establish a Water Watch Committee in your community to monitor city council meetings. Think of having a rotating water watcher who attends every council and relevant committee meeting to be on guard against the early warning signs of privatization. Contact the Council of Canadians or the CUPE to find out more. What municipalities can do Raise the issue at the Federation of Canadian Municipalities by bringing a resolution about P3s and public ownership to their next annual conference. Pass a resolution or declaration to keep water and waste water infrastructure in public hands in your community. Promote publicly- owned and operated water and wastewater infrastructure Local communities directly own and operate the vast majority of Canadian drinking water and sewage treatment facilities. But as the need for reinvestment grows, our cities and towns are strapped with little new funding or revenue to pay to upgrade existing systems and build new ones. Local governments are considering privatizing through public - private partnerships (P3s), but they should be cautioned. A P3 is a form of privatization. P3s are multi- decade contracts for private management of public services or infrastructure. They can include private financing, ownership and /or operation. P3s result in higher costs, lower quality and loss of public control. Very few communities in Canada have experimented with P3s for drinking water or sewer services, but there are lessons we can learn from those that have. Experience shows that privatization means water rates go up and accountability goes down. P3s waste the public's money and leave commu- nities at risk P3s are more expensive than public ownership and operation because of higher private- sector borrowing costs, transaction fees, and the need to generate a profit. The costs of lawyers and consultants alone can set municipal governments back by millions of dollars before projects even get off the ground. Corporations charge a premium for so- called "risk - transfer." But despite the cost, governments have not been successful in transferring risk to the private sector. Companies can walk away if a project is not profitable for them, but governments cannot. Taxpayers absorb the costs of failed P3 deals, since the public "partner" is ultimately responsible for delivering services and infrastructure. The credit crisis has made this abundantly clear as daily news stories tell of private financiers that are unable to finance privatized infrastructure projects. Projects are being delayed or even cancelled, leaving governments scrambling to find ways out of expensive messes. Blue Communities Project Guide 12 Resisting federal P3 pressure Despite the evidence that P3s are more expensive, risky, Tess effective and unaccountable, the federal government is aggressively pushing privatization as a prerequisite for federal funding. The Harper government's Building Canada infrastructure plan forces governments seeking $50 million or more in federal contributions for a project to consider privatization through a costly and time - consuming P3 review. But communities don't have to take the bait. Local governments still have access to the lowest borrowing rates available. With new accounting standards requiring that P3s show up as public debt, there is no incentive left to rely on more expensive private financing, or to lock communities into long -term deals that tie governments' hands. Decades of infrastructure funding cuts have resulted in a "municipal infrastructure deficit. "The Federation of Canadian Municipalities estimates that Canadian communities need $31 billion to upgrade and develop new water and wastewater infrastructure. Drinking water services have important public health and environmental implications. Protecting the public interest requires public control and autonomy. Public water utilities are responsive and accountable to communities. Blue Communities Project Guide The Council of Canadians and CUPE are calling on the federal government to provide funding to support publicly - owned and operated infrastructure through a national water infrastructure fund. 13 Promote publicly - owned and operated water and wastewater infrastructure has Sample resolution WHERAS public health depends on equitable access to clean water supplies; and WHERAS public ownership and operation of drinking water and wastewater treatment systems have improved access and quality over the past century; and WHERAS our community is committed to protecting water and wastewater systems from the consequences of privatization through "public- private partnerships" or P3s, including: • Lack of transparency and accountability to the public • Increased costs and higher user fees • Projects being delayed and cancelled leaving governments to deal with the consequences; and WHERAS the privatization of municipal water and wastewater treatment services through P3s or contracting out turns water into a commodity to be sold for profit; THEREFORE BE IT RESOLVED that [the name of the municipality] oppose privatization in any form of water and wastewater treatment services, including through P3s, retaining these services in the public domain; and BE IT FURTHER RESOLVED that Council lobby the federal government to fulfill its responsibility to support municipal infrastructure by investing in a national water infrastructure fund that would address the growing need to renew existing water and wastewater infrastructure and build new systems; and BE IT FURTHER RESOLVED that Council forward this resolution to the Federation of Canadian Municipalities for circulation to all of its members. 14 1 -800- 387 -7177 1 www.canadians.org /water 1 www.cupe.ca /water Promote publicly - owned and operated water and wastewater infrastructure AAA ' Cases in point Hamilton The cost of cleaning up a sewage spill in Hamilton, where a P3 was tried for 10 years, was borne by the city. P3s also reduced transparency. In Hamilton, elected officials had to pay access to information fees under the Freedom of Information Act in order to see the contracts. The cost of so- called risk - transfer is high. Negotiations to renew the deal in Hamilton fell apart when the corporation tried to charge the city twice as much if they were to be accountable for risks in the future. The system is now back in public hands, surpassing environmental standards and delivering significant cost savings. Seymour Capilano In 2001, the Greater Vancouver Regional District rejected the P3 option for their water treatment facility in response to public protests against the P3. Along with worries about Toss of control, lack of accountability and higher costs, citizens voiced fears about the dangers under international trade deals of privatizing the water system. It is currently projected that the capital cost of the public project will be $566 million, even though the budget was set in 2003 at $600 million. That means the public project is currently projected to come in $34 million (5.6 per cent) under - budget. This is a sharp contrast to the major P3 projects now underway in B.C. in water and other areas, which have all turned out to be considerably more costly than they were estimated to cost when approved. Moncton Water Treatment Facility In 2002, US Filter Canada, a subsidiary of a French multinational water company, was selected to design, build, operate and maintain Moncton's water treatment facility over a 20 -year contract. Today residents pay high water fees that are increasing much faster than they did prior to the P3. Between 1995 and 1999 fees increased by up to 7 per cent each year. Rates increased 75 per cent between 1999 and 2000. Blue Communities Project Guide 15 Steps to creating a blue community 1. Send an email to bluecommunities @canadians.org to join the network of community activists, public sector workers, and local government officials working on creating a blue community. 2. Community members working on promoting the water commons are setting up Water Watch committees across the country. Visit www.canadians.org or cupe.ca to find out more. 3. Using the information provided in this guide, develop a strategy to promote water as a human right, keep water in public hands, and ban the sale of bottled water at public facilities and events. Blue Community checklist We hope the information provided in this guide is useful in helping you develop strategies to protect the water commons in your community to: • Recognize water as a human right. • Promote publicly -owned and operated water infrastructure. • Ban the sale of bottled water in publicly -owned facilities and at public events. 16 1- 800 - 387 -7177 1 www.canadians.org /water 1 www.cupe.ca /water We are here to help Keep us informed of your progress by contacting us at bluecommunities@ canadians.org or by calling us toll free at 1- 800 - 387 -7177. We would love to feature your work on our website and share your stories and ideas with other communities in Canada. Contact details for further info: bluecommunities @canadians.org or www.canadians.org /water waterwatch @cupe.ca or www.cupe.ca /water The information contained in this guide is based on Our Water Commons; Toward a new freshwater narrative by Maude Barlow. A copy of the report can be downloaded at www.canadians.org or at onthecommons.org. NOTES: Blue Communities Project Guide 17 (4/18/2012) Dean lorfida - Fwd: blue community resolution From: To: Date: Subject: Attachments: Hi Dean Jeff Guarasci Dean Iorfida 2/16/2012 9:48 AM Fwd: blue community resolution 0289_001.pdf Last night at the Park in the City Committee meeting, there was a motion that carried to encourage Robyn Hamlyn to conduct a brief presentation on the Blue Communities initiative at the April 24th Council meeting. Let me know how you would like to proceed with this. Thanks, Jeff Jeff Guarasci Community Development Coordinator City of Niagara Falls P: 905 - 356 -7521 ex.3341 F: 905 - 356 -7404 E: juarasci@niagarafalls.ca »> Carey Campbell 1/3/2012 2:06 PM »> Dean: Please find the attached letter from Robyn Hamlyn. You will note that she originally wrote to request a meeting with the mayor. She has called our office today to follow up on her letter and she has requested a deputation before Council in April to request that 3 resolutions be passed (further explained in the letter): 1. Ban the sale of bottled water in public facilities. 2. Recognize water as a human right. 3. Promote publicly owned and operated water and sanitation services. I explained the history behind the elimination of the sale of plastic beverage bottles at the City of Niagara Falls. However, she is passionate about approaching City Council to request the other 2 resolutions. Robyn is from Ottawa but will be in Niagara to present to St. Catharines City Council on April 23rd. She is requesting a deputation before our Council at the April 24th meeting. Perhaps, between now and then, feedback can be sought from our Park in the City Committee, Mayor's Youth Advisory Committee and Municipal Works Department. I have copied the appropriate staff to help facilitate this or to ensure each committee and division is aware of this request. Dean, please let me know your thoughts and whether this deputation request will be granted. Robyn can be reached by phone at: 613 634 8055 Page 1 (4/18/2012) Dean Iorfida - Fracking.pdf Office of the Town Clerk 7 Town of TELEPHONE 905 - 46 TJiagara-(II)n11he- Fu�alrLE 905-468-2959 Regional Municipality of Niagara 2201 St. David's Road PO Box 1042 Thorold, ON L2V 4T7 Attention: Kevin Bain, Regional Clerk Dear Mr. Bain Re: Impact of Hydraulic Fracturing and Treating of Wastewater Within the Great Lakes Basin 1593 Foul Mna CREEK Rom> P.O. Box 100 Please be advised the Council of the Corporation of the Town of Niagara -on -the -Lake (Council), at its regular meeting held on October 31, 2011, endorsed a resolution calling for a dialogue between various levels of governments in the United States and Canada as well as First Nations and Native American governments on impacts of hydraulic fracturing in the Great Lakes Basin and treating `fracking' wastewater in private or municipal wastewater treatment systems in the Great Lakes Basin. Furthermore, Council supports a province -wide and national moratorium on hydraulic fracturing and the treatment of the by- products of hydraulic fracturing within the Great Lakes Basin until a robust public discussion has occurred with full consideration of the human and environmental impacts. A copy of the complete resolution is enclosed for your reference. On behalf of Council, it is respectfully requested that the Regional Municipality of Niagara and local Area Municipalities support this resolution. Thank you for your attention to this and I look forward to your favourable response Yours sincerely, Holly Dowd, Town Clerk cc Area Municipalities Association of Municipalities of Ontario Great Lakes & St. Lawrence Cities Initiative MPP Kim Craitor Hon Robert Nicholson MP, Minister of Justice and Attorney General of Canada Hon James Bradley MPP, Minister of the Environment Ontario Hon. Peter Kent MP, Minister of the Environment Canada National Chief Assembly of First Nations City of Niagara Falls NY Niagara Falls NY Water Board Enclosure Ftr.t CaAz!a,' m L Der Cana a 1 Page 1 (4/18/2012) Dean lorfida - Fracking.pdf TELEPHONE (905) 468 -3266 THE CORPORATION OF THE TOWN OF NIAGARA -ON -THE -LAKE TOWN CLERK'S OFFICE DATE. OCTOBER 31, 2011 MOVED BY COUNCILLOR Page 2 PO. BOX 100 VIRGIL, ONTARIO LOS 1TO SECONDED BY COUNCILLOR WHEREAS the hydraulic fracturing (fracking) for natural gas involves the use of chemicals and hazardous materials during construction, drilling, hydraulic fracturing, gas production and delivery, well maintenance, and worksite operations; AND WHEREAS hydraulic fracturing of underground geologic formations is often accomplished by injecting a complex mix of fluids and chemicals, including very large volumes of water under very high pressure to create fractures in gas bearing geologic formations; AND WHEREAS many of the chemical constituents injected during hydraulic fracturing have documented adverse health effects and /or adverse environmental impacts, AND WHEREAS serious concerns have been raised regarding water contamination near fracking sites; AND WHEREAS use of these hydraulic fracturing mixes exposes adjacent land and surface waters to the risk of contamination through open pit storage, truck transport on roadways, and activities during well development, AND WHEREAS wastewater from fracking can contain radioactive elements and has been discharged into rivers that supply drinking water for millions, according to the New York Times; AND WHEREAS the pollution of water caused by fracking threatens the long term economic well- being of communities, as businesses and consumers depend on clean drinking water; AND WHEREAS there is no federal or provincial legislation specifically on hydraulic fracturing and the oil and gas industry is not required by federal or provincial law to publicly disclose chemical formulas of hydraulic fracturing fluids so that this information is publicly available for health and safety purposes; AND WHEREAS concerns have been raised regarding the safety of effectively processing waste waters from hydrofracking operations; AND WHEREAS while communities in the Great Lakes Basin are politically and economically independent, the Basin is in fact one integrated watershed and therefore decisions in one region have the ability to affect other regions as well as the whole Basin; (4/18/2012) Dean Iorfida - Fracking.pdf AND WHEREAS the Great Lakes is a shared commons and public trust and as such requires public consultation and a process that enables communities to be a part of the decision- making process on issues that affect the Great Lakes Basin as a whole; AND WHEREAS on September 30, 2010, the United Nations Human Rights Council passed Resolution A/HRC /15/L.14 affirming the human right to safe and clean drinking water and sanitation and as such contamination of drinking water by `fracking' Fluids is a violation of this and other human rights; AND WHEREAS being a riverfront community, the wise stewardship of Niagara -on -the- Lake's water sources involves protection of our water supplies and water sources for generations to come; AND WHEREAS protection of Niagara -on- the - Lake's water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting to clean up contamination and restoring degraded environments after the fact. THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Niagara-on- the-Lake calls for a dialogue between various levels of govemments in the United States and Canada as well as First Nations and Native American governments on impacts of hydraulic fracturing in the Great Lakes Basin and treating 'fracking' wastewater in municipal wastewater treatment systems in the Great Lakes Basin; and, �( rr-i va{-e- o r- a) THAT the Council of the Corporation of the Town of Niagara -on -the -Lake supports a province -wide and national moratorium on hydraulic fracturing and the treatment of the by- products of hydraulic fracturing within the Great Lakes Basin until a robust public discussion has occurred with full consideration of the human and environmental impacts; and, b) THAT the Corporation of the Town of Niagara -on- the -Lake respectfully requests the support of the Regional Municipality of Niagara and local Area Municipalities in this regard; and c) THAT this Resolution be circulated to the Association of Municipalities of Ontario for support by Ontario Municipalities, the Great Lakes & St. Lawrence Cities Initiative, MPP Kim Craitor, MP Rob Nicholson, MPP Jim Bradley, Ontario's Minister of the Environment, MP Peter Kent, Canada's Minister of the Environment, National Chief Shawn Atleo, Assembly of First Nations, the City of Niagara Falls, NY, and the Niagara Falls NY Water Board. RECORDED VOTE Approrlec0 Page 3 (4/18/2012) Dean Iorfida - Fwd: April 24,2012 deputation Page 1 From: Jim Diodati To: Dean Iorfida CC: Jim Diodati Date: 4/2/2012 1:54 PM Subject: Fwd: April 24,2012 deputation »> James Fyfe <jimmerfyfe(ahotmail.com> 4/2/2012 12:07 PM »> Dean Iorfida, City Clerk City of Niagara Falls Dear Mr. Iorfida, Re : Niagara Falls Lions Legacy Trail The Niagara Falls Lion Club respectfully request a deputation before City Council on April 24th,2012, to present / discuss the NF Lions Legacy Trail. Sincerely, Lion Jim Fyfe SfI311VW 9NINNV1d Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2012 -16 April 24, 2012 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 On February 28, 2012, Council deferred application AM- 2011 -015 pending the results of a separate staff report about policies for cottage rental dwellings. Planning staff had anticipated presenting an information report on cottage rental dwellings at tonight's Council meeting, however, more time is required to examine the matter further. The decision to defer the information report on cottage rental dwellings was made after application AM- 2011 -015 was advertised for an April 24, 2012 public meeting. Staff is of the opinion that Council should consider a decision on application AM- 2011 -015 based on the current policies in effect. 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 less 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. April 24, 2012 - 2 - PD- 2012 -16 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 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, chould 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. April 24, 2012 - 3 - PD- 2012 -16 • 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 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 and 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 the 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. April 24, 2012 - 4 - PD- 2012 -16 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 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. April 24, 2012 LIST OF ATTACHMENTS - 5 - ► Schedule 1 Location Map ► Schedule 2 Site Plan ► Schedule 3 Map of Licensed Bed & Breakfast and Cottage Rentals Recommended By: Respectfully Submitted: D.Deluce Attach. Alex Herlovitch, Director of Planning, Building & Development PD- 2012 -16 Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -16, AM- 2011 -015, 5401 River Road.wpd April 24, 2012 - 6 - SCHEDULE 1 PD-2012-16 Subject Lcand tts,h_ *v000 0? LOCATION MAP P4srolf000., E4sik, oot, C4 Location: 5401 River Road Applicant: David Hagermar PHILIP ST 0 'Us Cr de -'o /l46, Amending the Zoning Ety-law No. 79-200 1:1176 AM-2011-015 April 24, 2012 -7- SCHEDULE 2 23 R / v e t- RoQd Fcov OF SuZre OF GOT 24- REG'D PLAN 29 !N 7HE FOiCMER TOWN Of Mirfa4tel; frofa6. COU,47Y OF ir6LL4N0 NOW nv C/7Y OF N/■G,44A 4LL. REGro,v,L c My of C/ fI t / 7 y OF ,41/.P,ita ,[6G 'O /[rsN 29. Avow ,Gva cd v /is A ' tfze ScitE /- ZO' t [.N /ez?i¢ f/,I7T,vflfJ PD- 2012 -16 B/o *e yy ,4tlocr.T6� CO/34' 7iv6 £'4VWEEIS Ai /AWAILO f4h 4,ONT c. IGirand O K. ?471 MGrio r %/973 Arc E Rs • /f9 April 24, 2012 - 8 - SCHEDULE 3 PD-2012-16 Licensed Bed & Breakfasts and Cottage Rental Dwellings in the Area JEPSON ST MCRAE ST 5TANFO RORER ARMOURY ST JEPSON ST 4 sownEiri_sr CUTER ST ST / , Subject Land • ji>. ;* • 444, '1/4 N4>. 71; / 1 $ / / / 500m Radius from Subject Land k-tepi2:34, UNMAN SONS of Ammirks EZI3 Licensed BeC & Breakfast Property Pa rce.. 1 agli Licensed Cottage Rental Dwelling Road K ,G1S P.,4kiest.,,,,201.7,■,CJstarr.111Etrr,I.P.-1.1■111V.1313 ,Cur,Ne.indp Aptfl 23:2 (4/18/2012) Dean lorfida - FYI: Zoning Issue Page 1 From: Sarah Conidi To: Dean Iorfida Date: 3/21/2012 4:13 PM Subject: FYI: Zoning Issue »> Vlado Mazalica <vm1943@hotmail.ca> 3/21/2012 3:52 PM »> Subject: AM -2011 -015 Zoning By -Law Amendment Application 5401 River Road, Niagara Falls Dear Mayor and Honourable Council Members, We wish to thank you for voting on February 28 to defer the application for a cottage rental zoning amendment at 5401 River Road. We are very glad that our concerns as residents have been taken into account. The applicants in this case bought the property which is zoned R2 (Residential Use) last year and almost immediately advertised it on the web and began renting it out as a cottage. A complaint was filed with the City and it took months for a reaction. Even after they were warned by the City that their property zoning does not allow for that type of rental business they continued to advertise on websites like VRBO and Kijiji. This is a residential neighbourhood with seniors, people raising families, and few wonderful owner occupied B &Bs. It is not at all an appropriate place for an unsupervised cottage rental attracting mainly large groups who want to party hard. We are all strong supporters of property rights for owners and are not at all opposed to people enjoying their properties with family and friends. However this is a situation where the applicants who don't even live in Niagara Falls want to run a cottage rental business in the middle of a dense residential neighbourhood. They have indicated that they have a property manager which shows even more that they don't want to be involved. Their property manager hands over the keys, takes payment and leaves. We can't really blame the renters because in their eyes they paid for a short-term cottage rental and will act as they please without any regard for the surroundings. The homes in our neighbourhood including the B &Bs are all zoned R1 or R2 (Residential). If the applicants don't wish to live there, under their current R2 zoning they can like the rest of us rent to tenants, run a B &B, use the property as their own cottage or retreat etc. They can make income from the property as it is, but to amend their zoning so they can legally run such a troublesome unsupervised rental is senseless. If this amendment is approved a cottage rental use would always remain attached to the property. Just one or two drunk and out of control people can be very dangerous and disruptive, now can you imagine different groups arriving constantly to let loose. How can we live there in safety and peace. All this because these applicants have chosen our nice neighbourhood to make income from and they want the City to accommodate them with a zoning amendment. The homes here are very close to one another so zoning should remain the same for all. An amendment like this would have dire consequences for the residents for generations to come. Any new policy or criteria may be fine for cottage rentals where they are appropriate although we know enforcement will always be difficult, but here in a densly populated residential area such a rental should not be permitted. Let's remember that the only vehicle access to the property in question is from the very narrow River Lane suitable only for residents. As was already witnessed this place attracts large unruly groups, heavy intoxication, intimidating and erratic behaviour, loud noises, trash etc. That is why it is shocking that in the planning report it is mentioned that this is compatible with the surrounding dwellings and would have minimal impact on the neighbourhood. That is completely false and misleading. It seems that the Planning department completely ignored residents' letters and voices of concern and objections to this application. I hope this not because a fee is attached with the application. Tourist cities in North America and the world like NF have large tourist districts with hotels, motels, B &Bs, parks, attractions, etc., but do not allow cottage rentals in residential neighbourhoods because of the impact on residents. When we speak to other (4/18/2012) Dean lorfida - FYI: Zoning Issue Page 2 residents of NF and co- workers they all agree that an unsupervised cottage rental should not be permitted at all in any residential neighbourhood because everyone understands what this means for the people living there. People are surprised that this would even be considered. There is not enough awareness regarding this issue but there will be because the more people we speak to we realize that the opinion is unanimous, nobody wants this anywhere near. The safety and quality of life of the residents should matter and be a priority when making these kinds of life changing decisions. In conclusion we thank you, our representatives with all our hearts for listening to us and deferring the matter. You did not ignore us and we are grateful, with a strong belief that this application should still be denied. This type of a reckless rental will never belong in a neighbourhood where people live and we should protect our city and it's residents from it. Sincerely, Households: Mazalica - 5411 River Road NF Westhues - 5419 River Road NF Wall - 5421 River Lane NF Veal - 4090 Hickson Ave. NF Yasotorn - 5395 River Road NF (4/19/2012) Dean lorfida - Request to rezone 5401 River Road Page 1 From: Kenneth Westhues <kwesthue @uwaterloo.ca> To: Dean lorfida <diorfida @niagarafalls.ca> CC: VeronicaV <v3ronica @bell.net >, Councillor Janice Wing <janice_wing @cogec... Date: 4/19/2012 7:54 AM Subject: Request to rezone 5401 River Road Dear Dean, Thank you for taking time to answer my queries about policies pertaining to whether 5401 River Road should or should not be rezoned for a cottage rental dwelling. My goal is that Council decide this matter on the basis of policy rather than whim, favouritism, or muddled thinking. I trust you share this priority . The information you have given me is helpful and relevant. Should you receive similar inquiries from others, it would be appropriate to refer them also to Paras. 4.2.35 and 4.2.36 of the Tourist Commercial Section of the Official Plan: The River Road Satellite District shall function as a residential area where Bed & Breakfast accommodations are permitted so long as the residential character of the area is maintained. No commercial uses shall be permitted in the River Road Satellite District. In land -use planning, Bed and Breakfasts fall in a different category from Cottage Rental Dwellings. The former are "accessory to residence," commercial activities conducted in people's homes. The latter are also commercial activities, but not "accessory to residence." Respect and regards, Ken Anne and Kenneth Westhues 5419 River Road Niagara Falls, Ontario L2E3H1 On 18/04/2012 3:45 PM, Dean lorfida wrote: > Hi Ken: > I appreciate your passion on this issue. > I am not a Planner but a laic person (I) but looking at the quoted policy sections I would draw your attention to the following: > A variety of ancillary uses may also be permitted where they are compatible with the > residential environment. Ancillary uses shall include, but are not limited to (my emphasis) schools, > churches, nursing homes, open space, parks, recreational and community facilities, > home occupations, public utilities and neighbourhood commercial uses. In > interpreting compatibility, ancillary uses will be judged according to the following > principles... (4/19/2012) Dean lorfida - Request to rezone 5401 River Road Page 2 > Sections 1.2.1 to 1.2.3 outline the principles of conveniently and appropriately located, traffic generation and minimizing potential disturbances to adjacent properties and the character of the neighbourhood. > Yes, I appreciate that the latter principles are identified for B &B's but I can tell you that related staff reports on CRD applications and Council's deliberations certainly bear these principles in mind. > On the section related to the River Road satellite district, it does specifically mention B &B's and alternative accommodations of this nature, for which I believe CDR's apply, appreciating the argument that these have some different characteristics than B &B's. > Bottom line: yes, you are correct in that you will not find specific references to CDR's or related policies in the Official Plan. As indicated, staff is reviewing the possibility of such policies. (A previous review by Planning in 2006 rejected the need for such specific policies). > Thanks > Dean »» Kenneth Westhues <kwesthue @uwaterloo.ca> 4/17/2012 3:43 PM »> > Dear Dean, > Thanks so much for your prompt reply. This matter is indeed urgent, if > Council is to deal fairly and appropriately next Tuesday night with the > cottage rental application for 5401 River Road. > I have read carefully the paragraphs of the Official Plan that you > referred me to. There is no mention in them of cottage rental dwellings: • Para. 1.2 is a general statement about all kinds of "ancillary > uses" in residential neighbourhoods, from schools and churches to > parks and nursing homes. > Para. 1.2.1 concerns ancillary uses "which primarily serve area • residents" -- this clearly does not apply to cottage rental dwellings. > • Para. 1.2.2 concerns ancillary uses "with the potential of • generating a significant amount of traffic" -- this would not • generally apply to cottage rental dwellings. > > Para. 1.2.3 concerns "Bed and Breakfast accommodations within • owner- occupied homes" -- a cottage rental dwelling does not offer • breakfast and it is not in an owner - occupied home. > • Para. 4.2.5 is an approving general description of our neighbourhood • as a residential area wih many B &Bs, but again, there is no • reference to cottage rental dwellings. > Could you please, therefore, just confirm for me, and for the other > recipients of this email, that the city has no policy that specifically > concerns cottage rental dwellings. If this is true, it is information of > critical relevance to the agenda item for next Tuesday's Council meeting. > • I'm asking you to confirm this in particular because information on the (4/19/2012) Dean lorfida - Request to rezone 5401 River Road Page 3 > city's website led me to believe there was such a policy. When I first > began to research this matter last February, I found on the city's > website Para. 1.3.3 of Official Plan Amendment No. 94, which said > explicitly that cottage rental dwellings "may be permitted by zoning > by -law amendments where they are considered to be compatible with the > residential neighbourhood." When I checked today, this provision was no > longer anywhere on the city's website. Was this policy in effect when > the application for 5401 River Road was made? > Then last week I found on the city's website the specific but slightly > different policy about cottage rentals quoted in my email to you Para. > 1.4 of Amendment No. 94, as shown on the agenda for Council's meeting of > January 31, 2012. In the minutes of that meeting, the new amendment is > shown as part of the consent agenda. There is no indication that Para. > 1.4 was changed. Yet you inform me that the policy I quoted was not the > final version adopted by Council." When I look today at Para. 1.4 of > Amendment No. 94 on the city's website, I see that it is the same as > before, but with the reference to "cottage rental dwellings" removed. > Should not this change have been noted in the minutes of the Council > meeting of January 31? > • I'll look forward to hearing from you further, and I thank you again for > your prompt attention to this matter. I respect your view that in > principle, the application for 5401 River Rd. "should be dealt with > based on the applicable law at the time of the completed application." > I'm just trying to make sure that members of Council and everybody else > concerned knows what the applicable law was at that time. > Kind regards, > Ken Westhues > On 17/04/2012 10:58 AM, Dean lorfida wrote: » Mr. Westhues: » Thank you for your email. A couple of points: > What I was inferring is the legal principle that an application should be dealt with based on the applicable law at the time of the completed application, not some possible future legislation that may be enacted. » With regard to the applicable policies, I would refer you to the Residential Section (Part 2 Section 1 - Residential Policy 1.2 and 1.2.1 -1.2.3 inclusive) of the Official Plan (see link below) and the Tourist Commercial Section (Part 2 Section 4 - Tourist Commercial Policy 4.2.5 ). Policy 4.2.5 reads "The River Road Satellite District shall continue to function as an established residential area with many older homes offering Bed& Breakfast facilities. Alternative accommodations of this nature are appropriate for this area providing the residential character of the neighbourhood is maintained." These are the policies Council has depended on in the past when they have approved other cottage rental dwellings in the district, including the previous report on 5401 River Road (see attached) » https: / /www.niagarafalls.ca/ city - hall /planning /official- plan.aspx » Also, the Planners indicate to me that the policy you quote was not the final version adopted by Council, as per OP 94. (4/19/2012) Dean lorfida - Request to rezone 5401 River Road Page 4 » I hope this helps. If you have any further questions, feel free to drop me a line. » Thanks » Dean » > Kenneth Westhues <kwesthue @uwaterloo.ca> 4/16/2012 5:27 PM »> » Dear Dean, » Thank you for including me among the recipients of your email to » Veronica Veal, with respect to cottage rental applications in general, » and in particular, the current application to rezone 5401 River Road. » You suggest that Council "should make a decision on that application » based on the current policies in effect...." » Could you please forward to me by email, at your earliest convenience, a » copy of all "current policies in effect "? The only policy governing » cottage rental applications that I have been able to find in searching » the city website today is in Amendment No. 94 to the Official Plan » passed on January 31, 2012, Para. 1.4 of the section entitled "General » Policies ": Accessory uses to residential such as Bed and Breakfast accommodations Cottage Rental Dwellings and Home Industries within owner occupied homes may be permitted by zoning bylaw amendments where they are considered to be compatible with the residential neighbourhood. The establishment of such facilities will be carefully regulated as to their location size and traffic generation in order to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. » Is this the "current policies" to which you were referring? Has Council » adopted additional policies for evaluating cottage rental applications? » This matter is of some urgency, since the relevant Council meeting is » one week from tomorrow. I'll copy this email to the recipients of your » email, as well as to Councillors Janice Wing and Carolyn loannoni. If » Council does in fact make a decision on 5401 River Road "based on the » current policies in effect," it is essential that members of Council and » everybody else concerned know exactly what those policies are. » Thanks and regards, » Ken Westhues (4/19/2012) Dean lorfida - Request to rezone 5401 River Road Page 5 » Anne and Kenneth Westhues » 5419 River Road » Niagara Falls, Ontario L2E3H1 » On 16/04/2012 2:31 PM, Dean lorfida wrote: »> Hi Veronica: »> Thank you for your comments. Definite food for thought, which has lead us to the conclusion that we have more work to do on this issue. Staff had anticipated presenting an information report on cottage rental dwellings at the April 24th meeting, however, more time is required to examine the matter. »> »> The deferred matter related to 5401 River Road will be returning to Council. Staff is of the opinion that Council should make a decision on that application based on the current policies in effect and to bring some finality to the matter. »> »> As before, the application on 5401 River Road is being considered a public meeting and members of the public can speak to the matter on the 24th. »> Call me or email me if you have any questions. »> Thanks »> Dean »> » Dean lorfida, City Clerk » Niagara Falls » 905 - 356 -7521, Ext. 4271 » 905 - 356 -9083 (Fax) » The City of Niagara Falls Confidentiality Notice » The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. » Thank you. > The City of Niagara Falls Confidentiality Notice > The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. > Thank you. PD- 2012 -27 Niagaraj1alls April 24, 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 -27 AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls Proposed 30 Unit Apartment Building, Park and GC Zone RECOMMENDATION That Council approve the Zoning By -law amendment application to rezone part of the lands to a site specific Residential Apartment 5A (R5A) zone to permit the existing school building to be used as a 30 unit apartment building, part of the lands to a General Commercial (GC) zone and the remaining portion of the lands to an Open Space (OS) zone, as detailed in this report. EXECUTIVE SUMMARY The City has initiated a zoning amendment to permit a 30 unit apartment building, a park and a GC zone. The amendment can be supported because: • the proposed apartment building is located within Historic Drummondville CIP, which encourages residential development; • the existing School building is being reused as a proposed apartment building, which is consistent with Provincial Policy; • there are sufficient services within walking distance of the proposed apartment building; the density of the proposed apartment building is consistent with the density requirements in the City's Official Plan; the proposed park will preserve the Battle of Lundy's Lane site and provide an opportunity for public access; and the proposed General Commercial is an extension of the abutting General Commercial zone. BACKGROUND Proposal A Zoning By -law amendment is requested to change the zoning of the property from Residential Single Family and Two - Family (R2) to a site specific Residential Apartment 5A Density (R5A) to permit the existing building on the property to be converted into an apartment building containing 30 dwelling units. Site specific amendments are requested to the R5A standards for a reduced rear yard setback, increased lot coverage and a reduction of the required parking. The application also proposes to zone a portion of the lands to an Open Space (OS) as they are intended to be preserved for park purposes (part of the former battlefield) and another portion to be zoned General Commercial (GC), for possible commercial use. April 24, 2012 - 2 - PD- 2012 -27 Site Conditions and Surrounding Land Uses The subject property is the site of the former Battlefield School, which closed in 2011. The property is 1.6 hectares (4 acres) in area with frontage on Barker Street. The property abuts residential uses to the south, west (in part) and east (in part). To the north and east (in part) are commercial uses and to the west (in part) is a municipal cemetery. The residential uses along Barker Street are mostly 1 and 2 unit dwellings, however, there are a number of low -rise apartment buildings in proximity to the site. 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. The Region advises that the area has a high potential for the discovery of archaeological artifacts and, therefore, an archaeological assessment is to be carried out by a licensed archaeologist prior to any grading /soil disturbance. A holding symbol should be applied to these areas. Where there has already been a disturbance, this is not required. The Region also advised that waste collection for the site would have to comply with the Region's requirements if Regional collection is proposed. Otherwise, private waste collection would have to be provided for the site. City Clerk No objections. Building Services No objections. Transportation Services Notes that there is little buffering around the proposed parking lot for snow storage. Planning staff note that the aisle width of the proposed parking lotto the east of the school building is 0.6 metres (2 feet) larger than the minimum in the Zoning By -law. Therefore, opportunity exists to increase the buffering at the Site Plan Control stage. Transportation services does not support the reduction of parking spaces from 42 to 35 as this represents a deviation of more than 10% of the required standard. Municipal Works, Parks and Recreation, Legal Services, Fire Services, Niagara Falls Transit No objections. Surrounding Neighbours Letters received from neighbours are on tonight's agenda. The letters oppose the proposed apartment building and cite concerns about too many apartments in the area, not enough single detached dwellings, loss of trees for parking along Barker Street and fear of low income tenants. One of the letters also opposed rezoning a portion of the property to GC citing concerns of noise from the commercial uses to the east. None of the letters objected to the proposed OS zone. April 24, 2012 - 3 - PD- 2012 -27 A petition containing 88 signatures was submitted in opposition to the R5A zoning for a 30 unit apartment building, considering it not to represent good planning. Neighbourhood Open House A neighbourhood open house was held on March 21, 2012 to explain the proposal and to answer questions. Approximately twelve (12) residents attended and expressed opposition to the proposed apartment building citing similar concerns as noted above. There was also a concern about the loss of a historic site (Battle of Lundy's Lane site) because of development. Members of the Stamford Kiwanis were in attendance and advised that if they successfully purchase the site, they intend to renovate the interior and rent the building only to seniors. It was also noted that the proposed apartment building will utilize the existing school building and there is no proposed expansion of the building footprint. To address the concern about the loss of trees, the parking arrangement in the front yard has been revised to preserve all but three of the trees. A second neighbourhood meeting was held on April 12, 2012 to provide more details on the apartment and park sites. Residents in opposition to the proposed apartment building cited similar concerns to the previous open house (too many apartments on the street, traffic, low income tenants). The residents suggested that the City should demolish the school building and convert the whole property into a park to commemorate the Battle of Lundy's Lane. Two residents suggested that, given enough time, they would be able to raise the necessary funds to purchase the school, demolish it and create a park. ANALYSIS 1. Provincial Policy Provincial policy encourages residential intensification in order to provide efficient use of servicing. The proposed Zoning By -law amendment is consistent with these directives as it utilizes an existing building for reuse, provides an opportunity for recreational activities to the surrounding neighbourhood, contributes to the City's housing supply and is located in proximity to several bus routes. The proposed apartment building is considered a good adaptive reuse of the existing school building and is compatible with the surrounding neighbourhood. The proposed park will provide a recreation feature for the neighbourhood and an opportunity to preserve a site of historical significance to the community. The proposed GC zone will provide an opportunity for the City to recoup some of the cost of the school property and help resolve a long standing parking problem associated with the funeral home operations. Residents expressed a concern about the concentration of apartment buildings on the street and the lack of single detached dwellings on the street. Provincial policy encourages a mix of housing options. The predominant form of housing in the City is single detached dwellings, the proposed apartment building contributes to the mix of housing types. The proposal adds to the variety of rental stock in the City and a mix of housing options for the City. This is consistent with Provincial policy. 2. Official Plan The land is designated Residential and Minor Commercial in the Official Plan. The land is also within the Drummondville Node of Council's adopted policies of OPA 94. The policies for the Drummondville Node encourage residential intensification, the provision of public facilities and built form consistency with the surrounding land uses. In addition, April 24, 2012 - 4 - PD- 2012 -27 the general residential policies in the Official Plan support providing innovative housing forms. The proposal is on a collector road, which allows apartments at a density of 100 units per hectare (41 units per acre), and is within the maximum height limit of 4 storeys. The proposed apartment building conforms with the Official Plan policies as follows: The density of the proposed apartment building is 44 units per hectare which conforms to the density criteria of the Official Plan. The proposed apartment building will use the existing school in its entirety. There are no plans to expand the building envelope. Since this building has existed for more than 40 years, it is part of the character of the neighbourhood and, therefore, consistent with the built form. The proposed apartment building represents intensification of the property and contributes to the City's housing supply. The reuse of the existing school building is an innovative form of redevelopment and an appropriate use for the building. The portion of the subject lands that is proposed to be rezoned to GC is designated Residential. The boundary for the Minor Commercial designation follows the back of the properties to the east. The Official Plan notes that the designation boundaries are considered approximate except where bounded by roads, rail lines, or other clearly defined physical features. Where the general intent of the Official Plan is maintained, minor boundary adjustments are permitted without the need for an Official Plan amendment. Planning staff consider the proposed GC zone to maintain the intent of the Official Plan since it is to be added to commercial lands on Main Street. 3. Community Improvement Plan The subject property is located within the Historic Drummondville Community Improvement Plan (CIP) as adopted by City Council in the fall of 2006. The purpose of a CIP is to help stimulate redevelopment and the Historic Drummondville CIP does this by providing land use directions and financial incentives to promote redevelopment of commercial and residential uses, and provide opportunities for physical improvements such as streetscaping that will help encourage private sector investment. One of the specific projects highlighted in the CIP is the possible acquisition of the Battlefield School should it become available and providing access for pedestrian movement between Main Street and Drummond Hill. The acquisition of the school play area by the City and rezoning to Open Space will allow for the expansion of the publically held Battlefield lands, improve access from the municipal parking lot and pedestrian walkway from Barker Street, and increases the opportunity that a public access may be possible to Main Street. In regards to the school building and the rezoning to a site specific R5A zone, the Historic Drummondville CIP encourages the construction of new residential development and residential intensification. The CIP encourages new residential redevelopment through a Residential Loan Program. The building provides an opportunity for an adaptive reuse project that has successfully occurred in other areas of the City. The future occupants of the building would utilize local services and retail uses that would have a positive impact on the local economy. April 24, 2012 4. Zoning By -law - 5 - PD- 2012 -27 The proposed site specific R5A zone would allow the school to be converted into an apartment building containing 30 dwelling units. The building would be two storeys, however, the second storey would be only where the gymnasium is currently located. Modification to the exterior of the building (e.g. additional windows) will be needed to accommodate the residential use but the overall footprint will remain the same as it is now. The requested site specific amendments include a reduced rear yard setback from 10 metres (32.8 feet) to 8 metres (26.2 feet) and to increase the maximum lot coverage from 30 percent to 36.5 percent. These adjustments are a balance of protecting as much of the former battlefield as possible while maintaining sufficient amenity space at the rear of the building. In order to preserve as many trees as possible in the front yard, it was necessary to reduce the amount of parking on the site. The reduction in parking is from 42 spaces to 35 spaces. This is equivalent to 1.2 parking spaces per unit. This reduction can be supported as there are several bus routes along Main Street and Lundy's Lane to provide public transit options for tenants in the building. The proposed OS zone is intended to be used for parkland that will commemorate the Battle of Lundy's Lane. Although this site has not been listed or designated under the Heritage Act, the community places historic significance on the site. Establishing a City park on the site is a good way to acknowledge the historic significance of the site until such time as the site is officially listed or designated. The OS portion would obtain access to Lundy's Lane by the abutting City owned parking lot at 6002 Lundy's Lane. The Region recommends applying a holding category zone to any portion of the subject property where any new development will result in a soil disturbance. Accordingly, Planning staff recommend that the GC portion of the subject property be placed into a holding category that would be removed at such time as the completion of a archaeological assessment. FINANCIAL IMPLICATIONS The City is in the process of purchasing the subject property. The City is planning to use revenue from the sale of the various portions of the subject property to help offset the burden of the purchase. The apartment rezoning provides an opportunity to partner with the Kiwanis to lessen the impact on taxpayers by sharing the cost of the land acquisition. The conversion of the former school into an apartment building would contribute to the tax base of the corporation. The adaptive reuse of the school is considered to be sustainable development because it maximizes the use of an existing building, capitalizes on existing municipal infrastructure and does not contribute to waste in a landfill site which would occur if the building was to be demolished. It should be noted that any sale of City property is decided by Council in accordance with procedures whereby the land is declared surplus, an appraisal of the fair market value of the land is obtained and offers to purchase considered. Any future sales of part of the subject lands by the City will comply with Council's policy. CITY'S STRATEGIC COMMITMENT The City's strategic priorities for 2011 -2014 include developing a well planned City and reinvesting in our Community Improvement Areas. The requested Zoning By -law amendment conforms with the City's Official Plan and the Historic Drummondville Community Improvement Plan. April 24, 2012 - 6 - PD- 2012 -27 The proposed apartment building, which is intended to be owned by Kiwanis, is a sustainable reuse of the existing building. This is more financially sustainable to the City than the City retaining the entire property for a park. This is also consistent with the City's strategic priorities for 2011 -2014. LIST OF ATTACHMENTS ► Schedule 1 Location Map ► Schedule 2 Site Plan ► Schedule 3 Park Plan Recommended By: Respectfully Submitted: D.Deluce Attach. !Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S. \PDR\2012 \PD- 2012 -27, AM- 2012 -002, 6015 Barker Street.wpd INEMIN-MMI SIN31(118WIV S.60IN3S SINVMIN O'clOdINVIS David Deluce - Re: AM- 2012 -02 Page 1 of 23 LL' eatAi_ /) ,4 From: Alex Herlovitch To: Janice Wing Date: 4/4/2012 3:03 PM Subject: Re: AM- 2012 -02 CC: Bill Colclough; David Deluce; Dean Iorfida; Ernie Morgan; Ken Beaman; Ken Todd; Trent Dark Janice Thank you for your submission; it will be added to the Council package. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 ext. 4231 Fax 905 - 356 -2354 aherlovitch(cr7niagarafalls.ca »> Janice Wing <janice_wing ©cogeco.ca> 4/4/2012 2:39 PM »> Alex: No one is playing any games of "he said, she said" as per your accusation. I would advise you to simply not make claims which you don't intend to stand behind. Mr. Bolibruck was apprehended, by myself and my neighbours, making a blatantly false accusation about me at the recent Open House. He was later caught, at the same Open House, in a open, bold -faced lie. Now your rapid about -face on a statement you made to me in writing is followed by a ridiculous accusation. I am strongly disappointed with the conduct of Planning Department staff which I am seeing with regard to this matter. I had previously held you gentleman in much higher regard than I feel forced to at present. And to the contrary: I HAVE NOT instructed you to do anything which might place me in contravention of The Municipal Conflict of Interest Act. I have only requested that these communications, including the present one, become part of the file for the Ontario Municipal Board -- as per the instructions provided, under your signature, in a recent Notice: "If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Niagara Falls before the by -law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board." The Municipal Conflict of Interest Act apparently prohibits me from making oral submissions at the Public Meeting. This leaves me with only the ability to "make written submissions to the City before the by -law is passed" in order to preserve my right of appeal to the Ontario Municipal Board. I am trying very hard to get you to understand that the present communications are part of my "written submissions to the City before the by -law is passed" (NOT to the Council, but to the City, as per the notice you signed) which are necessary to the preservation of my rights, as a landowner in this municipality, of appeal to the OMB. janice file: / /C:\Documents and Settings\dd296 \Local Settings \Temn \XPgrnwise14F7C62AF.IDom a 4/161'012 Page 2 of 23 On Apr 4, 2012, at 8:45 AM, Alex Herlovitch wrote: Janice All your e -mails will be placed on the Council Agenda as you have instructed. It is not me who would place you in contravention of the Municipal Conflict of Interest Act. If you feel you have the right to express your opinion, it is not my place to stop you. I refuse to engage you any longer in your game of he said, she said and therefore will not be responding to any of your comments in your 9:05 PM e-mail. As I said before, the Planning Report to Council will address the appropriateness of the application. I am sorry I cannot help you any further. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 ext. 4231 Fax 905 - 356 -2354 aherlovitch(Wniaoarafalls.ca »> Janice Wing < janice wing@cogeco.ca> 4/3/2012 9 :05 PM »> Misrepresented? Absolutely not. I merely reacted to what you had said: "I have already told you the City is not changing the zoning of any R2 lands, I cannot make it any clearer than that." According to the Notices the City keeps sending: "The land is currently zoned Residential Single Family and Two Family (R2) in accordance with By -law No. 79- 200." You have told me "the City is not changing the zoning of any R2 lands." What could be clearer than that? Let me repeat the above statements in a revised sequence: 'The land is currently zoned Residential Single Family and Two Family (R2) in accordance with By -law No. 79- 200." "I have already told you the City is not changing the zoning of any R2 lands, I cannot make It any clearer than that." Hello? What do you expect me to understand? As I indicated earlier, this is GREAT NEWS!! The extensive comments below may be pertinent to my and my neighbours' future actions in this matter. I am asking that you take whatever steps are necessary, without placing me in jeopardy of contravention of The Municipal Conflict oflnterestAct, to ensure these comments become part of the record which will be placed before the OMB should your words be withdrawn and the offer of the residents who have partnered with the City previously on developing the battlefield park to raise the requisite funds for suitably commemorating the path of the U.S. 21st Infantry be rebuffed. Although I cannot attempt to influence Council in this matter, I wish to preserve my right of file: / /C: \Documents and Settings \dd2961Local Settings \Temn \XParnwise \4F7C62AEDoma___ 4/16/2012 Page 3 of 23 appeal to the OMB and for this series of emails to form part of the file. Planning issues are indeed addressed as part of this exchange of communications. Do you need me to restate these issues for you? By the way, you need to come up with a better example than the Stamford -Jack Bell Arenas. In that case, the City was the SELLER and was purposely intensifying the uses permitted on the lands in order to be able to market them at a higher value and realize a greater profit. In the present instance, the City is the PURCHASER and yet the City appears to be purposely intensifying the uses permitted on the lands. This is counterintuitive. The City's offer to the District School Board of Niagara is UNCONDITIONAL. What purpose can possibly be served by the present application (AM -2012 -002)? (And yes, I would like that question answered.) The same decision makers who presumably directed staff to proceed with the questionable rezoning application at issue here are one and the same as the body which deliberately ignored mandatory requirements of the Official Plan and Zoning By -law and a previous decision of the Ontario Municipal Board when it directed staff to withdraw its appeal of a Committee of Adjustment decision which had likewise violated the mandatory requirements of the Official Plan and Zoning By -law and a previous decision of the Ontario Municipal Board. That is the connection between the testamentary devise matter and this matter: Both involve very questionable land use decision - making by the same body. janice On Apr 3, 2012, at 4:26 PM, Alex Herlovitch wrote: Janice You have totally misrepresented the intent of my response. The application in question is proceeding as scheduled. I do not take this to be an e-mail you are submitting as comments on the application and unless instructed otherwise by you, I will not be forwarding to the City Clerk for inclusion on the April 24/12 Council Agenda. I will not be responding directly to your e -mail since there are no questions which require a response. The planning report to Council will deal with the appropriateness of this application. I anticipate you will send any comments you may have on land use under a separate e-mail. As I said in my previous e-mail, I am sorry I cannot help you further. Alex »> Janice Wing <janice winclOcogeco.ca> 4/3/2012 11:22 AM »> EXCELLENT!! Since "the City is not changing the zoning of any R2 lands" then AM- 2012 -02 (which appeared to be an application to do so) is no longer proceeding. file: / /C:\Documents and Settings\dd2961Local Settings \Temp \XPgrpwise14F7C62AEDoma... 4/16/2012 Page 4 of 23 I trust I can hold you to your word, and you will soon be advising that application AM- 2012 -02 has been withdrawn. The neighbourhood is most anxious to be offered the opportunity to partner with the City and conduct fundraising activities to ensure the fitting preservation and commemoration of the path of the U.S. 21st Infantry in the final phase of its advance on the hilltop. The 21st wheeled as it cleared the stand of trees which extended then to the rear yards of residences on the north side of Culp. The 21st passed directly over the Battlefield School building footprint in its charge toward the British guns in the pivotal moment of the battle. (I likely do not need to remind you that it was these same area neighbours who formed the core of the organization which raised about a quarter million ca. 2000 dollars to restore Fralick's Tavern and make other improvements, such as contributing the benches currently placed on the municipally -owned battlefield lands.) I am thrilled that the City has seen the manifold errors in the above -noted application and is now prepared to engage in the "community stakeholder collaboration" as per the ten principles of the Region's Smart Growth initiative as outlined in the CIP. As you and I already know, the Lundy's Lane Battlefield has (as noted in the Lundy's Lane Battlefield Master Plan) a long history of citizen -led commemoration. It is thrilling that the commemoration of the U.S. charge so pivotal to the struggle that night is getting underway as the ZOOth anniversary of the battle approaches. I am certain we can raise the monies to raze the school building by the 200th anniversary of the battle date. The viewscape from the hilltop will be so incredibly improved! And this opens up the interpretive opportunities so much better too. The grove of mature trees at the front of the school building will now be visible and can serve as a visual aid in interpreting the daring of the 21sts charge uphill at the British guns! To address the rest of your reply: I'm not ready for a zoning amendment on any of my properties yet. That will come later in accordance with the CIP: The Battlefield Public School and adjacent file) /C: \Documents and Settings \dd296 \Local Settings\ Temp \XPgrt wise\4F7C62AEDoma... 4/16/2012 Page 5 of 23 residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. (p. 34) Since I am more familiar with the CIP than City staff, I will note for your convenience that the CIP also speaks to the Regional Policy Plan objectives and notes that 'four are of particular relevance to this CIP." One of these four is "To improve regional self - reliance through long - range economic development planning and economic diversification [including] the creation of tourism development opportunities." It is for this reason that, under Section E. MUNICIPAL LEADERSHIP STRATEGY of the TARGETED IMPROVEMENTS, the following appears: 12. Market Historic Drummondville as a viable bed and breakfast district. I have seized upon this directive, and have been relying on the City's intention to pursue this specific Regional Policy Plan objective, and generally follow the CIP, in my investment and business planning decisions. My residential neighbours whom have been significantly investing in their properties have been doing the same. I was merely questioning the City's apparent disinterest in pursuing an opportunity to bring a property specifically targeted in the CIP into better conformity with its zoning by -law when a golden opportunity (the impending public ownership of land which could be conveyed for fair market value to the property in question) presents itself. I have to tell you how delighted I am at this opportunity for the neighbourhood to once again to partner with the City and fundraise toward achieving Historic Drummondville CIP objectives such as: - making land use ... decisions to assist in the revitalization of Historic Drummondville - promoting revitalized and renewed downtowns - fostering attractive neighbourhoods with a high quality of design [The squat 1970 school building has never blended with the character of the surrounding neighbourhood. file: / /C:\Documents and Settings \dd2961Local Settings \Temp\XP rpwise14F7C62AEDoma... 4/16/2012 Page 6 of 23 I have been kind in referring to it merely as "ugly;" yesterday someone else referred to it on Facebook as "hideous. "] - respecting historical buildings and areas [This definitely would not have been accomplished by further undermining the character, identity and strength of this established residential neighbourhood by imposing upon it an even greater imbalance in housing mix than already exists.] - promote well- designed infill, intensification and redevelopment that will effectively strengthen the existing community fabric [It is a relief to know that my newer single detached neighbours will continue now their planned investments in improving their properties, and I will not be prematurely losing some long -time neighbours who have played a vital role in preserving and strengthening the community fabric of our street.] - protect the character and identity of the overall neighbourhood [There is still too much density on this particular block of Barker, and problems arising from it, but with no further imbalance between single detached and multifamily now being proposed, at least the character and identity of the neighbourhood will not be further eroded.] - protect and strengthen surrounding established residential areas [With no further imbalance between single detached and multifamily now being proposed, at least what we have managed to retain of the former character and strength of this established residential neighbourhood will not be further eroded.] In order to assist you further I will also direct you to p. 41 of the CIP: 6.1.3 BATTLEFIELD PRECINCT file: / /C: \Documents and Settines \dd296 \Local Settings \Tema \XPgrnwise14F7C62AEDoma... 4/16/2012 Page 7 of 23 "The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. It is intended that the site of the Battle of Lundys Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long -term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundys Lane Battlefield site and Main Street." "In order to properly protect and conserve the key heritage features, and to provide for the development linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long- term availability for reuse." [Please recall the importance of the land under the current school building to successfully interpreting the pivotal moments of the battle.] "The proposed land use designation and zoning changes will provide a land use file: / /C:\Documents and Settinas\dd2961Local Settings \Temp \XPgrnwise14F7C62AEDoma.._ 4/16/2012 Page 8 of 23 regime on the lands in proximity to the Battlefield site that will ensure the long- term protection of these lands from inappropriate development and will provide for the future development of the precinct as a historic cultural destination." [Please note the importance of the land under the current school building to successfully interpreting the pivotal moments of the battle and successfully achieving development as a historic cultural destination. The US 5th Infantry, the modern day successor to the 5th and five other War of 1812 units, still uses Col. Miller's famous utterance at the Battle of Lundy's Lane - "I'll try, Sir" - as its Regimental motto.] In order to assist in achieving the CIP Vision and the City's goal of developing its Lundy's Lane Battlefield lands as a s historic cultural destination, the CIP provides this guidance: B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to Open Space. 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to Open Space Zone (OS). As happy as I am to hear that "the City is not changing the zoning of any R2 lands" file: / /C: \Documents and Settings \dd296\Local Settings \Temn \XPgrnwise\4F7C.62AFnnma 4/1 F /7O t 2 Page 9 of 23 some of these R2 lands are intended to become Open Space. I would encourage the City to follow the CIP and change their Official Plan designation and zoning designation to the intended Open Space designation. I will also note that the CIP identifies: One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville . A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. The purpose of the Municipal Leadership Strategy (MLS) is to set the framework for the City to provide support and leadership on revitalization and redevelopment initiatives in Historic Drummondville. The recommended actions in the MLS represent a long -term strategy on the part of the City to focus its efforts and financial resources on public sector investments and actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville. Following the Battlefield Precinct direction, Targeted Improvements and Land Use recommendations outlined above will indeed continue the "actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville.- A great deal of private sector investment (both commercial and residential) has already been made. I am delighted to know that the proposal identified by current investors as an impediment is being withdrawn, that the neighbourhood is being given an opportunity to partner with the City and fundraise to ensure private sector investment in Historic Drummondville can be further leveraged and the overall goals of the CIP achieved. To assist you further I will also note the CIP calls for the City, as part of its Municipal Leadership, to: 2. Fund a study to create pedestrian linkages between the Vintners Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. As per the following - The Battlefield Public School and adjacent file:I /C:1Documents and Settinvs \dd296 \Local Settinns \Temn \XParnwise \4F7C62AFf)nma 4/1 h/2(112 Page 10 of 23 residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. - the CIP's Figure 7 -6 Open Space Network contemplates a linkage between the central battlefield and the Market and the BME Church on Peer Street, a national historic site and a popular Underground Railroad /Freedom Trail tourism destination. (I will note that there is an intimate connection between the latter and the Lundy's Lane Battlefield: The local BME Church was established as an outgrowth of the celebratory picnic the area's black community held on the battlefield on the first anniversary of the battle. The disparate legislation regarding slavery at the time readily explains why a U.S. withdrawal was such a reason for that community to celebrate. The grove of mature trees in the path of the US 21st's advance is presumably on or very near to the lands upon which the free blacks held their 1815 picnic, and could provide wonderful shade and ambiance for picnic facilities for future Underground Railroad /Freedom Trail visitors to recreate and re- experience that founding celebration.) In closing I will alos note the following from the CIP: p. 51: 7.2.5 PUBLIC SPACE, NODES AND LINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces Zink the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville . A proactive strategy of municipal leadership has been file: / /C:1Documents and Settin2s \dd296\Local Settin2s \Temn\XPErrowise14F7C62AEDoma... 4/16/2012 Page 11 of 23 shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. The proactive strategy of partnering with the neighbourhood, which already has a proven track record of successful fundraising for battlefield commemoration initiatives, fits admirably with the identified need for the City to engage in such leadership and support. The quality and accessibility of the park and open space network identified as being so critical for revitalization of the Historic Drummondville area can be no better improved than by returning the lands passed over by the 21st Infantry in its dramatic pivotal charge to green space to: - improve the viability of the City's battlefield holdings as a "high profile, interpretive tourist attraction that is connected to and reinforces the viability of Main Street" and a "historical cultural destination "; - meet an identified need by building "pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street "; - allow the site of the 21st's advance to "be celebrated in a manner that recognizes the national and international significance" of the land on which the current school building is sited; - open this wide green space to Barker Street, thereby proving a wide inviting pedestrian linkage to this parkland /central battlefield open space and "tying it to the historic core of Drummondville "; - encourage, by providing a shaded picnic area with a clear view of the hilltop, "development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area" (especially given the association of the site with the establishment of the BME Church and the opportunities this presents to further engage the busloads of visitors to that national historic site) We look forward to partnering with the City and fundraising to make this all so. As mentioned previously, this battlefield has a long history of citizen -led commemoration. Here we go again 11 janice On Apr 3, 2012, at 8:52 AM, Alex Herlovitch wrote: Janice I apologize that I must be pretty dense because I don't have a clue what your issue is. Perhaps if you asked the question directly I would be able to respond. I have already told you the City is not changing the zoning of any R2 lands, I cannot make it any clearer than that. If your concern is that one of your properties adjacent to the school has insufficient side yard(s), area or frontage these are considered legal non - conforming provisions and allowed to continue file: / /C:1Documents and Settinas\dd2961Loca1 Settings \Temn\XPerowise14F7C62AEDoma... 4/16/2012 Page 12 of 23 because they existed before the by -law provisions were created. Legal being the operative word; accordingly, there is no need for the City to change the zoning on your property. I don't know what deficiencies you feel may impede business development in accordance with the CIP. Again I would ask you to be specific. I fail to see how a report to Council recommending an appeal of a Committee of Adjustment decision has anything to do with this application. The testamentary devise lots were created after the zoning regulations were in place and while non - conforming to zoning standards they don't enjoy the benefit of the term "legal ". Staff made provided a recommendation and Council made a decision. So when you ask is the City interested in heeding its planning documents, I guess you better ask your fellow Council members. If you are dismayed "with the state of land use decision - making in the City of Niagara Falls" then you had better take that up with your fellow Council members. I am sorry that I cannot help you any further. I will again ask David to send a PDF of the completed application form. I apologize that he mis- understood my request to provide this to you. Alex »> Janice Wing <janice winq(a cogeco.ca> 4/2/2012 8:43 PM »> whether or not the City is doing anything to the R2 zone which apply to lands next to the former school site." My question was whether the City was going to champion its own zoning standards by pursuing the opportunity to bring other, abutting R2 zoned lands with insufficient side yards into conformity with its own standard regulations, If an opportunity exists for the City to sell the additional lands required to move such properties toward better conformity with ITS OWN zoning by -law conformity, why would the City fail to pursue such an opportunity? I also observed that if the City was not going to avail itself of the present opportunity to address such deficiencies, it could thereby impede business development plans, formulated in accordance with very specific directions in the CIP for the area in which the lands in question are a part. Does the City intend to uphold the provisions of the CIP for this area or doesn't it? I guess the question is whether the City is interested in heeding its own planning documents. Or was that question already answered with regard to PD- 2012 -08? How many judicial reviews is the City of Niagara Falls going to open itself to? I don't intend criticism of you here, Alex; you and I were on the same page with regard to PD- 2012 -08. I am just observing in a general way my dismay with the state of and use decision - making in the City of Niagara Falls. (And I apply that to the present case because the words and actions of the Stamford Kiwanis members at the Open House very much implied that a land use decision has already been file: / /C: \Documents and Settines \dd296\Local Settings \Temn \XPgrnwise \4F7C624Ff}oma 4/16/761' Page 13 of 23 made by the City in this matter, irrespective of whether the lands in question have been declared surplus or notice has been provided to the public of the proposed sale.) Janice On Apr 2, 2012, at 11:54 AM, Alex Herlovitch wrote: Janice I am glad we have this all cleared up. The only thing which still appears to be a question to you is whether or not the City is doing anything to the R2 zone which apply to lands next to the former school site - the answer is "a change is not contemplated through this file". I do not believe there is anything outstanding for me until such a time as your letter on land use arrives. I understand Ken Beaman may be away today; since he was only ever cc'd on your e- mails, I hope he realizes that you are expecting a response from him. Alex PS - I will be out of the office April 10 to 20 inclusive. »> Janice Wing <janice wing©coqeco.ca> 4/2/2012 10:56 AM »> Thanks, Alex. My responses are inserted in red font below. On Apr 2, 2012, at 9:48 AM, Alex Herlovitch wrote: Janice My responses to your April 4 e -mail are inserted in italics (to distinguish from you font) following your questions /statements. Please see below. Alex »> Janice Wing <janice winq©coqeco.ca> 4/1/2012 5:45 PM >» Hi again Alex, I'm still very keen to get the previously requested copy of the application. Sorry I could not supp /y these on the weekend, I have asked David Deluce (the Planner assigned to this file) to forward a PDF copy to you. You should have it later today. Thank you! Also, further to the info you provided below: Re: Being "not allowed an opportunity to present an offer to buy the Battlefield School" (or any portion file: / /C: \Documents and Settings \dd2961Local Settin2s \Tema \XParnwise14F7C62AEDoma... 4/16/2012 Page 14 of 23 thereof) I have no idea why these words are here, they do not connect to the second part of the sentence :I presume from your comments that the City is indicating it has no interest in pursuing opportunities to bring adjacent properties with substandard side yards up to the standards of its own Zoning By -law. Strange. I have no idea what this presumptive statement is about. Are you asking will the school property be a site specific R5A zone to address any zoning requirements (such as side yards) which do not satisfy the standard regulations? If so, the answer is yes. If your question is whether R2 zoned lands which abut the former school site will be rezoned to address insufficient side yards, the answer is: such a change is not contemplated through this file. The words "not allowed an opportunity to present an offer to buy the Battlefield School" are there because I was citing your own words: "Your first question is on Page 1, Paragraph 4. You ask why you were not allowed an opportunity to present an offer to buy the Battlefield School since you are an abutting land owner. Offers to purchase City properties are handled by the City Solicitors Office. It may be that Ken Beaman can respond to your question ..." My question is indeed about other R2 zoned lands abutting the former school site that have insufficient side yards which do not satisfy the standard regulations. Business development plans, formulated in accordance with very specific directions in the CIP for the area in which the lands in question are a part, may be impeded by the City's intended failure to attempt to address the above -noted deficiencies. Re: Stamford -Jack Bell Arenas rezoning: In that instance, the property (which had no known historical or economic redevelopment importance, unlike in the present case) was rezoned in hopes of attracting a buyer. That does not appear to be the same case in this instance. Why were file: / /C: \Documents and Settings \dd296 \Local Settings \Temn \XParnwise14F7C62AFDoma__. 4/16/2012 Page 15 of 23 Stamford Kiwanis representatives out in force at the Open House indicating, by their words and actions, an ownership of the plan attached as Schedule 1 to the Notice of Open House? How are they involved in any kind of ownership capacity when, as far as I can tell, the City has not yet declared any lands at 6015 Barker surplus? As I previously stated, your questions regarding the sale should be directed to the Legal Department, I am not sufficiently in the loop regarding any listing (if any) or possible /future /potential sale or otherwise and any answer by me would be a guess. Again - thank you, I await the Legal Department's responses. I will just further note here the City's interest in economic development in the case you raised, of the Stamford -Jack Bell arenas site; there is economic development at stake in this matter as well, to which the current proposal would provide a significant impediment. I presume from your wording - " ... whether public notice of the proposed sale will be given" - that there has been a recent change of which I am unaware to the City's by -law outlining procedures governing the sale of land, and that public notice of proposed sale is no longer a given. Can I please get a record of this change? Your quote is misleading as you seem to attribute these words to me when in fact I was paraphrasing your question. Nothing should be construed from that to suggest that there has been a change in protocol as to how the City disposes of property. As I said then, and repeat now, questions of the sale should be addressed to Legal. The quote from my letter is vague because I don't have a copy of the Policies and Procedures and I am not a keeper of the Policies and Procedures of the Legal Department. Your request for the P&P should go to them. Again - thank you. I await the Legal Department's responses on this as well. I apologize for having attributed your own words to you. It was my understanding that public notice was mandatory, and my reaction to your use of the word tile: / /C: \Documents and Settings\dd296\Local Settings \Temn\XParnwise \4F7C62AEDoma... 4/16/2012 Page 16 of 23 "whether" was one of alarm. Alex, I greatly appreciate the assistance which you have given to the best of your ability on this matter. I look forward to receiving the copy of the application from you. If you have any land use questions after receiving the application, please let me know, As advised previously, a separate communication addressing planning concerns will be forthcoming. janice On Mar 30, 2012, at 10:07 PM, Alex Herlovitch wrote: Hi Janice I have attached your March 26, 2012 letter to this e-mail response because my answers may not make sense to all of the recipients to whom you sent your March 30 e -mail and it appears to me you meant to involve them. Your March 30 e-mail says your communication ` ' ...was an expression of some of the concerns I have as a property owner in the municipality, and in that capacity alone.' Planning places all communications from interested residents' on the Council Agenda where the Public Meeting is being held; accordingly, your letter as an interested resident will be included. I would note that it is not me who determines whether or not you have a conflict of interest, but yourself or your fellow Councillors or the public and I have no way of knowing file://C:\Documents and Settin s \dd2961Loca1 Settines \Temn\XP rnwise14F7C62AEDoma... 4/16/2012 Page 17 of 23 who may raise this as an issue. I re -read your letter and found only 4 direct questions; everything else I read as being statements by you which do not require a response from me. Any comment of a land use planning nature will be addressed in the Planning Staff report to Council on April 24, 2012. Your first question is on Page 1, Paragraph 4. You ask why you were not allowed an opportunity to present an offer to buy the Battlefield School since you are an abutting land owner. Offers to purchase City properties are handled by the City Solicitor' s Office. It may be that Ken Beaman can respond to your question. I am not aware of a City policy which requires the municipality to offer lands to abutting owners first; perhaps you are thinking of a previous Municipal Act requirement that the municipali ty offer closed road allowances to abutting owners - this is not a road allowance and even that requirement no longer exists. Your second question is on Page 2, Paragraph 3. You ask why the City is rezoning property to a more intense use. This is being done for the file: //C:1Documents and Settings \dd2961Local Settings \Tema \XPernwise14F7C62AEDoma... 4/16/2012 Page 18 of 23 same reason as Council rezoned the Jack Bell - Stamford Arena property before listing it for sale. Your third question is on Page 2, Paragraph 6. My answer to the first part of the question is the same as question 2 above; the second part of your question has to do with whether public notice of the proposed sale will be given. The second part is another question for the Legal Department. Your fourth and final question is on page 3, first paragraph. You ask how the interests of the Kiwanis take precedence over an abutting and owner' s interests. Again this is a question about the sale of the land and not a and use matter. Sorry I cannot help you further than this. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Fails 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 ext. 4231 Fax 905 - 356 -2354 aheriovitchi niagarafalls.ca »> Janice Wing <ianice wing(acoc eco.c a> 3/30/2012 5:34 PM »> Hi Alex, Thank you for your acknowledgement and response. First of all, I file: / /C:\Documents and Settin2sldd2961Local Settings \Temn\XPernwise14F7C62AEDoma_.. 4/16/2012 Page 19 of 23 would like to state that I have assiduously avoided any actions which might put me in a a compromised position with regards to The Municipal Conflict of Interest Act. I have gone so far as to delete my social media connections with members of Council (Ie. UnFriended them on Facebook) to avoid any potential problems. You and other staff members with whom I have corresponded on this matter have my permission to share my communications with you on this matter ONLY insofar as they cannot be construed to be an attempt to influence my fellow Members of Council in violation of The Municipal Conflict of Interest Act. My communication to you dated 26 March 2012 was an expression of some of the concerns I have as a property owner in the municipality, and in that capacity alone. I was invited, by the Notice of Application mailed to me as a property owner, to provide comments in writing to you. I am exercising my rights as a property owner and am not agreeing to be a party to any actions which could be construed as an attempt by me to illegally influence Members of Council. file: / /C: \Documents and Settines \dd296 \Local Settines \Temn\XParuwise14F7C62AEDoma... 4/16/2012 Page 20 of 23 Yes, I do wish answers to the questions I have posed, but will clarify these questions for you at a later date. In the interim, as a directly abutting property owner with an interest in these lands, I am requesting a copy of the application itself forthwith. Thanks for your assistance in this matter. janice On Mar 27, 2012, at 3:37 PM, Alex Herlovitch wrote: Janice Thank you for submittin g your comment s. Planning will circul ate your comment s to the City Clerk (as we do with all written submissi ons) to be included in the Council Agenda for the night of the Public Meeting. There is nothing file: / /C: \Documents and Settines\dd296 \Local Settines \Tema \XPgrnwise \4F7C62AEDoma___ 4/16/2012 Page 21 of 23 in your letter to indicate that you are expectin g me to respond directly to you on any of your comment s, so unless I hear otherwis e from you, any matters of a land use nature in your letter will be addresse d in the Planing Staff report. Alex Alex Heriovitc h, MCIP, RPP Director Planning, Building & Developme nt City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara F ails, ON L2E 6X5 (905)356- 7521 ext. 4231 Fax 905- 356 -2354 aherlovitch file: / /C:\Documents and Settings1dd2961Local Settings \Temp\XPgrpwise14F7C62AEDoma... 4/16/2012 Page 22 of 23 Aniagaraf alls.ca » > Janice Wing <janice wing(alco geco.ca> 3/26/201 2 11:40 AM >>> <IMAGE.jpg> www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. <PROCESS_1.pdf> <IMAGE.jpg> www.niaoarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. <PROCESS.pdf> file: / /C: \Documents and Settings \dd296\Local Settings \Temp \XParnwise \4F7C62AEDoma... 4/16/2012 Page 23 of 23 < IMAGE.jpg> www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system, Thank you. <IMAGE.jpg> www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system, Thank you. <IMAGE.jpg> www.niaclarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. < IMAGE.jpg> www. niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited, If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. file: / /C:\Documents and Settings1dd296 \Local Settin2s \Temp \XParpwise\4F7C62AEDoma... 4/16/2012 Janice Wing 5993 Barker Street Niagara Falls, ON L2G 1Y5 26 March 2012 Director of Planning & Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: 6015 Barker Street (Roll No. 2725 - 070 -005- 00800) Zoning By -law Amendment Application City File: AM- 2012 -002 Applicant - City of Niagara Falls Dear Mr. Herlovitch, My objections to the above -noted application can be categorized under two general headings: PROCESS AND PLANNING OBJECTIONS. The latter will be presented under separate cover. I will deal with only the former here. PROCESS: My interest in purchasing central Lundy's Lane Battlefield properties is fairly well known. I do not attempt to hide the fact that I already own three parcels of land lying either totally or partially within the blue dashed lines denoting massed American troop movements on the Selected Battlefield Maneuvers and Heritage Park Property figure presented by Ron Williamson, Archaeological Services Inc. in the Lundy's Lane Battlefield Master Plan Final Report commissioned by the City of Niagara Falls in the late 1990s. Two of my above -noted parcels directly abut the lands at 6015 Barker Street (aka the Battlefield School property), one in the entirety of its western boundary, and the other in the entirety of its western and northern boundaries. The former has a substandard side yard width on its western edge which abuts 6015 Barker Street. Good planning would seem to dictate that, should the City realize an opportunity arise to bring said property up to its own zoning standard, that opportunity should be pursued. Why have I, as an abutting landowner with planning- driven (conformity) reasons for expanding my landholdings, not been offered an opportunity to purchase Battlefield School lands directly abutting my holdings? Section 270(1) of The Municipal Act, 2001, S.O. 2001 25 requires all municipalities to adopt and maintain policies governing the sale of surplus land. This policy will include providing proper notice to the public. City of Niagara Falls By -law No. 2003 -16 is "A by -law to establish procedures governing the sale of land by the City of Niagara Falls." It stipulates: 2. Before selling any land, Council shall, (a) by by -law or resolution declare the land to be surplus; (b) obtain at least one fair appraisal of the market value of the land; (c) give notice to the public of the proposed sale. Has these requirements, particularly the latter, been carried out? PLEASE BE HEREBY NOTIFIED THAT AS AN ABUTTING LAND OWNER I WISH TO BE DIRECTLY NOTIFIED OF THE CITY'S PROPOSED SALE OF ANY PORTION OF 6015 BARKER STREET ABUTTING MY OWN LAND HOLDINGS. It is also my understanding that the City of Niagara Falls may not actually own the property municipally described as 6015 Barker Street (Roll No. 2725 - 070 -005- 00800). There is a dearth of information in the public record of the City of Niagara Falls' strategic commitment to acting as a direct agent in housing development activities or residential intensification within the municipality. Why, then, is the City applying to itself to rezone a portion of the lands at 6015 Barker to a more intense residential use than is permitted presently? As I advised earlier: Good planning should dictate that, should the City realize an opportunity arise to bring my property with the substandard side yard up to its own zoning standard, that opportunity should be pursued. My landholdings abutting 6015 Barker are zoned R -2. My future development intentions for said lands are compatible only with R -2 and Good General Agricultural uses. I have no requirement for, nor interest in, an R -5 zoning over any lands that [ may own. There is no demonstrated need for the City to rezone lands required to bring my own into conformity with the City's own Zoning By -law to an R -5 use. Why is the City applying to itself to rezone lands which it may not actually own to a use which it has no demonstrated intention to employ and without public notice of a proposed sale? I cannot help but wonder whether the lies and fear tactics employed by Mr. Bolibruck at the March 21, 2012 Open House stemmed from knowledge that the application may have been made in violation of The Municipal Act. There were several members of the Stamford Kiwanis organization present at the Open House. I am aware that the Stamford Kiwanis organization had previously submitted a letter to the City of Niagara Falls expressing an intention to create what they called "seniors apartments" in the Battlefield School building. [ asked Mr. Bolibruck at the Open House whether it was possible to zone the type of people to occupy a given land use. He confirmed that it is not. The application is for an R -5 zoning. This is an apartment use. Since it is not possible to zone for use by a certain class of people, this is a straightforward apartment zoning application, not an application to provide seniors housing. The Stamford Kiwanis members present at the Open House indicated an ownership of the apartment building proposal as outlined in Schedule 1 of the Notice of Application and Open House. I question how their interest in the lands came to take precedence over the interest of myself and other abutting landowners, particularly the one whom I understand to have been in discussions with City staff regarding his interest. PLEASE HEREBY NOTE MY OWN INTEREST IN THE LANDS AT 6015 BARKER STREET. At the Open House Mr. Bolibruck appeared to be making attempts to intimidate the neighbours who were expressing opposition to the application. He made a statement to which can be cited, almost word for word, as "If you don't like this you should see the other proposals," implying that there were worse options than the one contemplated in the current application. When challenged by my neighbours to present the other options, he did not. At another point he presented a bald -faced lie about me personally, accusing me of having purchased single detached Barker Street houses and converted them into apartments. The neighbours, along with myself, immediately objected to this lie. Mr. Bolibruck then offered to withdraw the statement but did not apologize. There was no excuse for Mr. Bolibruck's behavior. I had explained only minutes previously that! had purchased an illegal triplex on Barker Street, after a decade of complaints to City staff about its existence went unaddressed, and had converted it from a triplex to a duplex. Surely a man in Mr. Bolibruck's professional capacity understands what a triplex and a duplex are, and that converting a triplex to a duplex is a de- intensification of use. The neighbours present at the meeting were left dismayed at the divide and conquer attempt they believed they had witnessed, as this was the only reasonable explanation for his accusation of me having done the opposite of what I had described only minutes before. Mr. Bolibruck also made a statement at the Open House indicating that the Battlefield School footprint was not involved in any of the action at the Battle of Lundy's Lane on July 25, 1814. This statement was in direct conflict with the conclusions of the City's own Lundy's Lane Battlefield Master Plan. That claim was a second falsehood. There may have been more. 1 only caught these two. The handling of this matter by the City has created many questions and grave concerns from a Process as well as a Planning point of view. Yours truly, Janice Wing Corey Delazzari 6018 Barker Street Niagara Falls, ON L2G 1Y4 Director of Planning & Development 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: 6015 Barker St. Zoning By -law Amendment Application City File: AM- 2012 -002 To Whom It May Concern: I am OPPOSED to the application. There are too many apartments already on this part of Barker Street. W can't handle even more apartments when there are so many here already. We need more people being able to live on the street on a long -term basis, as owners, and putting roots down here. Too many now are just transient and it's ruining the street. I want the trees at the front of Battlefield School saved. There are hardly any trees along the street here, and the tall old trees in front of Battlefield are beautiful and healthy. We need them to help keep the street attractive. Yours truly, Corey Delazzari Tenant at 6018 Barker Street FRECEIVk;:aJ MAR 2 2 2612 Y �.N & DEV:r. NT B.Mark Doucet 6007 Barker Street Niagara Falls, Ontario Canada. Re: planned Zoning By -law amendment file:AM -2012 -002 Members of Planning and Development committee I would like to express, in writing, my full opposition to the above proposed By law amendment. As the direct neighbour, I do not wish to live next door to yet another apartment complex, especially one that may be geared to income housing. I am also opposed to the commercial amendment as there is enough noise and problems with the existing establishments located on Main Street. I have no problem with the land being used as a park but will not support any other use for this land and should this be approved, 1 will have no choice but to relocate immediately. Regards, B. Mark Doucet REC 'Y MAR 2 2 ia & i]EVE 4.:u. "ANT Pluming Someied Nye 4 Guemvere Wheeler -Wing 6018 Barker Street Niagara Falls, ON L2G 1Y4 Director of Planning S Development 4310 Queen St Niagara Falls, ON L2E 6X5 Re 6015 Barker St Zoning By-law Amendment Application City Fie AM- 2012-002 I am OPPOSED to the above application this section of Barker Street is too dense already There are FIVE three story apartment buildings here on this section of Barker between Main and Drummond Them is another on Culp Street backing onto a couple of my neighbours' properties The YWCA e also on Culp behind Barker Street houses further down from me There also a bunch of low-rent apartments around the comer in both directions on Main Street We are too dense here already! We don't want our area to tum into a ghetto, lust when I's starting to revitalize A lot of the houses here on my pert of Barker have been turned into duplexes and tnplexes, and there are at least two four -ilexes as wati 1 know one of the'our- plexes and some of the triplexes are illegal but the City hasn't done anything to stop them, so we have more people Irving here already than we are supposed to be What other street in Niagara Faits (not the major roads late Drummond and Dorchester, but narrow old streets like ours) has so much density') We don't have enough parting for visitors to residents of the many apartments here Vrsiors often park iiegatty on the street making rt hard to get past, because there's not enough parking available Most of the people who Ism here now are renters There are already too few single family homes on this part of Barker I thought there was supposed to be a balanced mix of housing types') it s a bad idea to add even more apartments when the street a top-heavy with apartments already There are not enough single family homes e proportion to the number of apartments Don't make R worse' I also don't want to see the trees at the front of Battlefield School removed There are hardly any street trees left on this part of Barker, and the City hasn't been replacing those that have been taken down_ The trees m front of Battlefield are like a green oasts no a part of the street that would othetwrse be very ugly and hot in the summer because of no trees Crows and squirrels and other birds [rye m them, and those trees are very important to keeping our neighborhood an attractive place to live ' want the trees preserved! All of them !asp do NOT want more apartments added to this section of Barker Street which nas WAY too many apartments already, Thank you Yours truly Guenivere Wheeler -Wing Tenant at 6018 Barker Street RE CEIVED MAR ? ? 2012 4 - 6. -,Le/ jJ • — _ _ eZ. c_ - t-7 , - -0-44v2-4-) jj "`• e • A -;■ r - ---e/ • ."1 /. Z".7'rtt' David Deluce - Re: input regarding City File: AM- 2012 -002 From: Alex Herlovitch To: Bradley Pine Date: 4/5/2012 2:44 PM Subject: Re: input regarding City File: AM- 2012 -002 CC: David Deluce; Dean Iorfida; Ken Mech Page 1 of 2 Mr. Pine Your comments will be placed on the Council Agenda for April 24 when this matter will be considered at a Public Meeting. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street p O Box 1 -,2.3 Niagara Falls ON L2E 6X5 965) 356 -7521 ext 4231 Fax 905- 356 -2354 aherlovitch niaoarafalls.ca »> Bradley Pine <bradleyrpine @yahoo.ca> 4/4/2012 8:40 PM »> April 4th, 2012 City File: AM- 2012 -002 Let it be known that as a concerned City Of Niagara Falls Resident and Taxpayer I oppose any further commercial developments to the Drummond Hill property that relates to City File: AM- 2012 -002. As a concerned Canadian citizen, I urge the City Of Niagara Falls to by any means possible assist in enacting that the Drummond Hill property in Niagara Falls, Ontario as it relates to City File: AM- 2012 -002, currently known as the Battlefield School, be declared and protected as a National Historic Site. The aforementioned property is a major part of where The Battle of Lundy's Lane, during the War of 1812 occurred. I urge that the City Of Niagara Falls engage the Canadian Government to appropriate these lands in the name of our Canadian Heritage and to honour our history and war dead. I wish to be updated to any approved Zoning By -law Amendments that relate to City File: AM- 2012 -002. tile:/'C :' Documents and Settings'dd296`,Local Settings' Temp 'XPgrpwise`.4F7DAFE6Domai... 4'5!2012 Thank you. Bradley Pine Concerned City of Niagara Falls Resident and Taxpayer Bradley Pine 5872 Summer Street Niagara Falls, Ontario L2G 1M2 the C: Documents and Settinus'dd296''.L.ocal Settini's \Temn`.XPurmxist-' 4F71) FF6F1i,m;,i Page 2 of 2 .1'-;11f11, Cf (Wed A4if, 4/6r: d / - CEIVED APR 1 0 2012 PLANNING & DEVELOPMENT „ft..,--;,A 4 -t,-% Petition summary d i background Battlefield School Property rezoning proposal Action petitioned for We, the undersigned, hereby request that The City of Niagara Falls withdi convert a portion of the property known as 6015 Barker Street to a Reside Density zone to permit the conversion of the existing Battlefield School E apartment building. The application does not represent good planning. Printed Name Signature Address 1111111111111111 r'Z 7f(' ''''',a,5"e&c,"12-,,,' „1 A_ . 4." Comment ... I /J . .. 1, a. legnilla /L i ,C' , ' '-'",-,' / 1A' . 1 � / 4 4( 11MIIIIIBMplin i IMMO= IMILIMEnalrirADMIMINIMMEM IIMMIMI III mom kt giCA 4 ivelL° `. r 5' 6-" 1 S S c its 4 ` ( V ,i i 'i t.ne .1j , ' ,A ": I" -.. .T ✓., is ./v!‘74. /_, i cH /RL,, 1-1: ".,'v' 4e`q-.( Ck. 110 4)?A)- .\-, .. &t.: -Th U \ --k at"' c YV S. a r L no Printed Name Signature Address • .. , \ MINNIIIIIIMMENNII, ,...4 tv, ,..,, LA I, / v ., ,1/4 _ ,,,, : .- . , ( ,-. ,.. / :I in* , ■ . ,,' f 6 0 64.. ,4,-; .(.^. -...::. ' . s-Avg c i • I :t'' 7 ti) , /(7,-------- •-r-i-, 1- $ .s. ee 444- 6 la 5.--r . . ,f•---, 74 ' 57y r- of Y • . r ILI6r il • . ,-.- 4- -. - --i-- r i ,.,., i I .4 . _ . a 61,2 ,.. - . ,&_)(..ka/ktk,-k: • ,... 016, I . , 'Mb& Ce4 . 621 ci ( /2 ,4-4.-&-a5 /V 4 1 11. aw Printed Name Signature Address Comment r ,..i.. ,.. ,..,•.„,_., I . , , ,,,,,„f, j1/44-i'' . . -L L; . ''' . L. , . - " , I - . I" ' , i i 1,,,.., ,,, ,, . i ,...-, , °L,1 ° J.. ' , , r-- , - 4- ' / 11 J/ ‘,,' , /- I t 1, . -- ..- . •,. . ',4,, )) ' r,„,,,,t,, ? ,44,', * ,,e,:'‘• / ,:.1.4 ) L4.- i 7 . 1----1, - , _ 0 .- ..,./..• 4 -,4 - , , ... _ ., 14 _ ... . , 1111M1111MENI111111 lrllIllifrilIlltlltillIllIl mi,eleigA, (o41/-c. ALI 4 ova2,A, (......, ,j, - .., 4 _..., . 7 / 60(1 , • +,, L. , . Q04 INLIMMEIIIIII ..... Printed Name Signature Address Comment 0 -•A" is3 A ,' --. , - ERIBRI 0 IIIIMIll a7, -----..------,--- 1114 i diL ■ • (.0 4 0 it-3 ,-, L-.0_._, .... -- 1-k k .5' e (4 ( V frtleie p<Ve'rCoe / jillnEMIE • 1 ' ' W f)e)t) VeY, s i 5Z/ .0-e /I C C q. f /'1A/clea?,/ oxic.L. HP- >A1414- FNINIIIIWMAEIEIEIIIIIIIIII IMMIIIEft =WM 46 1110 e(i -6-P-P---k At-IL 31 5 Avrt - , —' c6 V_,■z_ (, 2, 4._ ,f yS o c_kke:tb,k; 04 iFrXS--r Snm— #G Petition summary and background Battlefield School Property rezoning proposal Action petitioned for We, the undersigned, hereby request that The City of Niagara Falls withdi convert a portion of the property known as 6015 Barker Street to a Reside Density zone to permit the conversion of the existing Battlefield School b apartment building The application does not represent good planning. Printed Name Signature Address Comment (73 __-‘,7<e. 4 _( ,..-1 u ,.. ., , t t)t.- 00 ,t% et .Ai tr, DovVN wIr' .. _ (I 1 ) , r al �s: .ic ' l .. ! '>rr L • z.'[.. V'ki ■ L. -i J'rl �„ :i 1111ffill111111111111111 .1 .; v ' .k • i .. i L.' { . '. -..t L. t ., Petition summary and background Battlefield School Property rezoning proposal Action petitioned for We, the undersigned, hereby request that The City of Niagara Falls withdi convert a portion of the property known as 6015 Barker Street to a Reside Density zone to permit the conversion of the existing Battlefield School b apartment building. The application does not represent good planning. Printed Name Signature Address Comment ,9 t ,... Ae. , ,i.-- IMENIMI 3,6 f /t9 /4)--- /9- '-'-'1-: A. ,, F m Milijiliggii Wtg.eft k)A-, 7 ' , V - (� ' :l'4 -' J C ~ Be-, J' ! r Ili+' • ♦ a. . _ ss•� Cia JILAr , o �. (' r f / �/ u r o 2611 ,/ t I ' L h I 1 `CJ/otur A L-D ' - �I�.0 �•yl r.•. -. 6 Z'' (fJ !v % rv“) 2 I U ` i l s:4 iv, Petition summary and background Battlefield School Property rezoning proposal Action petitioned for We, the undersigned, hereby request that The City of Niagara Falls withd convert a portion of the property known as 6015 Barker Street to a Reside Density zone to permit the conversion of the existing Battlefield School k apartment building. The application does not represent good planning. Printed Name Signature Address Comment YL 10f i ± c,,, L —. ' (,' l 11 ' 1� .. _ ' i' P4., -.+ F . L ,'C .L. ')jiL. 1v1 i111 G iv D - p, i )1'111 !. L. `cl , i., ; , . ].,:,.. •._ .., s * t'+i : 1 � {`) � - `-,Li U. L 6 t, C') L °i' t I� a ' L,' r '"A 1Z L Pn,-- .} R "WPM U✓ '4.6. /f?/IA ;-7,—!:3‘... INLIMIPIO'. ■ gh ._ — Kiwanis Club of Stamford P.O. Box 784 Niagara Falls, Ontario L2E 6V6 Office Phone: 905 -354 -4881 April 12th, 2012 City of Niagara Falls 4310 Queen St., P.O. Box 1023 Niagara Falls, ON L2E 6X5 ATTN: BOB BOLIBRUCK Dear Sirs: RE: BARKER STREET SCHOOL SITE 4 www.stamfordkiwanis.com It is the intention of Stamford Kiwanis to renovate Barker Street School to create apartments for seniors' occupancy and we will be marketing the building as a seniors' residence. We have had discussions with Drummond Hill Presbyterian Church who have indicated that there is a possibility that there may be a number of members of their Church who are seniors and may be interested in occupying the units. This building is not funded nor governed by Niagara Regional Housing therefore we are able to offer all the units, to seniors. We trust you will find this in order. /kc Kiwanis is a global organization of volunteers dedicated to Yours truly, SHABRI PROPERTIES LIMITE RECEIVED APR 1 2012 Brian McKeown, R.C.M., A.C.C.I. PLANNING & DEVELOPMENT changing the world one child and one community at a time. ( A 1z 4 7 re J 17-- 71 /11 /47A V12- rircc.c.e 4i )/4.7,11ii:S 7714-7 •q( 174- A)..0 gen -e- CP, r /,L4 'kJ 0 /1-41.2 fiC if<F: AO i- 5- 41.4.-6, e Z' " A..150-74 / Z.' .L.7 4'9A /2 „, :,-.7177 _ /4/A tr; ../1/1-vz 'r AfA --ti.7-1e5---;L: ,no .e? /70' --e-szT r-- c /1,4,34.7 1.7 co; / 4.9 /c 6-7-7-yrze Az- z • A 0 0 ,,,A; 6? A A-1,1Z_ A g aAJ 4 0 44/. c /t 77 tz V , ,5;727 (9 el /1/Yeret-5:41: A "12? (7K 4.7.7 / '4. !.• K rt, (.7( _ 77/ >ti4C7,5-- Ay 6cy AIL CA RECEIVED APR 1 3 2C112 PLANNING & DEVELOPM NT 517.7::/e9/ e ct_ (4/16/2012) David Deluce - Fwd: FYI: Zoning Issue From: Dean Iorfida To: David Deluce Date: 4/16/2012 2:21 PM Subject: Fwd: FYI: Zoning Issue Did you get this email, David? »> Sarah Conidi 3/21/2012 4:13 PM »> »> Vlado Mazalica <vm1943na hotmail.ca> 3/21/2012 3 :52 PM »> Subject: AM -2011 -015 Zoning By -Law Amendment Application 5401 River Road, Niagara Falls Page 1 ,a07 eL(/ 4714-_-/ Dear Mayor and Honourable Council Members, We wish to thank you for voting on February 28 to defer the application for a cottage rental zoning amendment at 5401 River Road. We are very glad that our concerns as residents have been taken into account. The applicants in this case bought the property which is zoned R2 (Residential Use) last year and almost immediately advertised it on the web and began renting it out as a cottage. A complaint was filed with the City and it took months for a reaction. Even after they were warned by the City that their property zoning does not allow for that type of rental business they continued to advertise on websites like VRBO and Kijiji. This is a residential neighbourhood with seniors, people raising families, and few wonderful owner occupied B &Bs. It is not at all an appropriate place for an unsupervised cottage rental attracting mainly large groups who want to party hard. We are all strong supporters of property rights for owners and are not at all opposed to people enjoying their properties with family and friends. However this is a situation where the applicants who don't even live in Niagara Falls want to run a cottage rental business in the middle of a dense residential neighbourhood. They have indicated that they have a property manager which shows even more that they don't want to be involved. Their property manager hands over the keys, takes payment and leaves. We can't really blame the renters because in their eyes they paid for a short-term cottage rental and will act as they please without any regard for the surroundings. The homes in our neighbourhood including the B&Bs are all zoned R1 or R2 (Residential). If the applicants don't wish to live there, under their current R2 zoning they can like the rest of us rent to tenants, run a B&B, use the property as their own cottage or retreat etc. They can make income from the property as it is, but to amend their zoning so they can legally run such a troublesome unsupervised rental is senseless. If this amendment is approved a cottage rental use would always remain attached to the property. Just one or two drunk and out of control people can be very dangerous and disruptive, now can you imagine different groups arriving constantly to let loose. How can we live there in safety and peace. All this because these applicants have chosen our nice neighbourhood to make income from and they want the City to accommodate them with a zoning amendment. The homes here are very close to one another so zoning should remain the same for all. An amendment like this would have dire consequences for the residents for generations to come. Any new policy or criteria may be fine for cottage rentals where they are appropriate although we know enforcement will always be difficult, but here in a densly populated residential area such a rental should not be permitted. Let's remember that the only vehicle access to the property in question is from the very narrow River Lane suitable only for residents. As was already witnessed this place attracts large unruly groups, heavy intoxication, intimidating and erratic behaviour, loud noises, trash etc. That is why it is shocking that in the planning report it is mentioned that this is compatible with the surrounding dwellings and would have minimal impact on the neighbourhood. That is completely false and misleading. It seems that the Planning department completely ignored residents' letters and voices of concern and objections to this application. I hope this not because a fee is attached with the application. Tourist cities in North America and the world like NF have large tourist districts with hotels, motels, B &Bs, parks, attractions, etc., but do not allow cottage rentals in residential neighbourhoods because of the impact on residents. When we speak to other residents of NF and co- workers they all agree that an unsupervised cottage rental should not be permitted at all in any residential neighbourhood because everyone understands what this means for the people living there. People are surprised that this would even be considered. There is not enough awareness regarding this issue but there will be because the more people we speak to we realize that the opinion is unanimous, nobody wants this anywhere near. The safety and quality of life of the residents should matter and be a priority when making these kinds of life changing decisions. In conclusion we thank you, our representatives with all our hearts for listening to us and deferring the matter. You did not ignore us and we are grateful, with a strong belief that this application should still be denied. This type of a reckless rental will never belong in a neighbourhood where people live and we should protect our city and it's residents from it. Sincerely, Households: Mazalica - 5411 River Road NF Westhues - 5419 River Road NF Wall - 5421 River Lane NF Veal - 4090 Hickson Ave. NF Yasotorn - 5395 River Road NF RECEIVED APR 1 5 2012 PLANNING & EEVELOPMENT Mr. Ken Todd, Chief Administrative Officer, City of Niagara Falls. RECEIVED APR, 1 6 2012 OFFICE OF THE ADMINISTRATOR Jock Ainslie April 13, 2012 Dear Ken, I was at a meeting last evening at City Hall regarding the Stamford Kiwanis proposal for a 30 unit seniors complex on Barker Street. Having been a charter member of that Club, I know they have the best of intentions to help the community and it sounds like a worthwhile idea, BUT, it should be built elsewhere. It would block the plans of those of us who have been working hard, in my case over eight years, and in the late Ruth Redmond's, who donated the land north of Lundy's Lane, eighteen years, to say nothing about the City Hall committees who have worked more years to bring to fruition the creation of a nationally recognized Battle of Lundy's Lane Park, taking in the already Federally recognized area at the top of the hill. In the United States, battlefield parks attract many millions of dollars yearly to each of their nearby communities and it is the American tourists who would be our biggest supporters. They would be attracted particularly by the role played by their 21' Infantry in advancing straight through the Battlefield School site to storm the hill and seize the British guns. It would be folly to remove the main reason for their coming. Unfortunately, this is the very site chosen by the Kiwanians to build their seniors complex, and yet to make the Battlefield Park a viable entity to attract these American battlefield tourists, the school site must be cleared and zoned Open. To keep taking large bites out of the Park area is to doom it to failure. So much of the upper Park area is now a cemetery wherein lie the dead from both sides, so it is doubly important to preserve every square inch of the remaining land open to preserve the feasibility of the whole project . One disturbing thing that came out at the meeting last night was the fact that due to Provincial legislation, the School Board must deal with the sale of the school site by some date in June! This gives less time than is necessary to deal with the gathering of funds to save the land for Park purposes. There should be no rush to destroy the now -or -never development of the Lundy's Lane Battlefield Park and I have no idea what must be done to stop it. This Battle site is, to Canada's history , as important as the Gettysburg site is to the Americans. Can you imagine the U.S. government ever allowing any development to be placed on the Gettysburg site? Never. Perhaps our different levels of government could step in and give a reasonable breathing space so that the necessary funding could be raised. I understand that the City was said to be backing the proposal to build a new Soccer complex to the tune of $1,000,000, which just happens to be a bit more than the $900,000 needed for the City to secure the School site and its playground. Would it be possible for the City to secure ownership of the land for the Battlefield over Park, using the Soccer money now, so the Battlefield Park could be realized for the benefit of future generations of Canadians, and keep the Soccer idea on the back burner until new funds are available ? My position is that if the senior's complex goes through, then the land would be lost forever, and the fiull potential of the Park dream could never be realized. If the sale of the school site can be given even an extra year of breathing space in which to realize the necessary funding to save the land for the Park, then all is not lost. Of the following two choices, which makes better sense? 1. Postponing the building of the Soccer Complex to another year or two and having the Kiwanis Club very easily change their building plans to another site elsewhere in the City, OR, 2. Securing the full site for the Lundy's Lane Battlefield Park as a means of bringing a tremendously important tourist attraction to the City as well as being an educational destination for our school children to learn the history behind the reason we are now the Canadian nation we are all fortunate to be citizens of. It seems to make every sense in the world to choose the second option so that everybody becomes a winner, rather than the first option whereby all Canadians become losers! My hope is that all red - blooded Canadians of all levels of government with any sense of history, will be able to rescue the full plan for the Battle of Lundy's Lane Park by whatever means are necessary. Funds will be raised, but it takes more time than we seem to have under the present provincial legislation. What can be done to give Canadians the Park that so many have worked so hard for so long to realize? Sincerely, and with hope, Jock Ainslie P.S. - 1. The people who live on Barker Street-are hugely supportive of the idea of razing the school and seeing the new Park developed, and are vehemently against the seniors complex going ahead. 2. In the year following the battle, the black community of runaway slaves gathered under the grove of trees on that property and planned the building of the B.M.E. church which was later rolled to its present location just blocks away on Peer Street. Here again, is another good reason to leave the property Open, and each attraction would bolster the other. Tourists must have reasons to stay longer than the present flying -visit reality. 3. Is there a way for the three levels of government to work together to stop the threats to the Park's integrity and move towards the Park's development? J.S.A. E -mail: jandhainsliecogeco.ca Copy sent to Mayor Diodati Phone: 905 374 4997 .�TTLEFIELD Paeltfriteded Transcription of notes taken by Janice Wing at Second AM- 2012 -002 Open House Held 12 April 2012, Led by David Deluce as applicant's representative David Deluce, City of Niagara Falls Planner: There has been a revision to the site plan In response to wanting to preserve as many of the trees as possible Preserving all but about three of the trees [Author's Note the revised site plan appears to require the removal of very large healthy trees: some of the eldest and most rna;estic trees are located precisely where the driveway is proposed, to s response does not address the residents' concerns for tree preservation - t to trees they most want preserved are still proposed for removal] The other proposed parking areas will remain A,,thor s Note. playground space directly abutting the entire rear at line of 5993 Barker is proposed to become a parkinq lot] A garbage enclosure because needs private pickup Everything else remains same: a portion to GC, school to go to Kiwanis Bert Watters, Barker Street resident: Barker is narrow Another apartment building = unsafe addition Five apartment buildings, 14 house apartment properties, four more apartment buildings close by on next block over Walked up and down the street, none of the residents happy about having another apartment building They want park, cemetery extension, Morse & Son parking Has petition requesting City withdraw application to convert 6015 Barker to R5A Apartment zone — does not respect good planning RECEIVED APR 1 8 2012 PLANNING & DEVELOPMENT - Respect the taxpayers - Put in Calaguiro Estates — nice and quiet there - Put on Lundy's Lane or Drummond Road - 103 signatures Bunnie Brandt, interested citizen: Let her friends around the world know They commented that it is totally disgusting No reason not to preserve England has a museum for 1812 US has all kinds of land preserved Internationally, look like we're in the Dark Ages Janice Wing, Barker Street resident: Directed question to David Deluce, asking the size of the school building David did not reply [Authors Note: David Deluce s svgnatore_ as representing the appl]cant, Is on the rezoning application; yet he appeared to be unfamiliar with the property] While David was looking up the information, Kiwanis member Brian McKeown responded that it was 30,000 square feet and they [ Kiwanis] will create 30 senior's apartments Janice outlined the Path of the 21St Project reasons and aims She advised David that, that afternoon, the Project proposal had been sent to the Federal Secretariat, Bicentennial of the War of 1812 She advised David that a copy had been forwarded to Alex Herlovitch and Ken Todd David requested a copy be sent directly to him [Authors Note: Janice emaled ;t to Da /lc as he had requested later that same evening] Jock Ainslie, interested citizen: Wants protection Saddened to hear of plans to break property up Was one of the earliest proponents of any other use than that of battlefield park Americans great boosters of battlefields and bring millions to their communities One of purposes of the development of the museum is to introduce visitors to the battle and direct them to the site - American tourists would be particularly interested in seeing the path of the 21St Site must be designated and kept open Would be folly to remove the key reason for their coming Was one of the founding members of Stamford Kiwanis; was disappointed to hear they were behind it Hopes they will come to see it would be detrimental and withdraw their proposal III - founded project Hopes Stamford Kiwanis had no idea and will now withdraw Once lost, will be gone forever We are Canadians because of what took place here Let's protect Bob Foley, interested citizen: What is the property's value? By law, the school board has to sell at market value Best plan is becomes a centre for the battlefield If Kiwanis walks away, school board has to put on market [Authors Note this is totally erroneous logic Stamford Kiwanis has confirmed they are not a party to the Agreement or Purchase and Sale] The next time we sit, will we be dealing with a Toronto developer who wants to put townhouses in there? Should be falling on our swords on the proposal at the back and the sides of the property [Author's Note: Mr. Foley was appa the J.S. troop movements at the battle, when shown the figure .;r p 151 of Donald Graves' VIthere Right and Glory Lea soft cover edit :on following the meeting, he appeared to have previously been unfamiliar with the movements of the 21'` depicted herein'; Bill Colclough, Barker Street resident: City is the purchaser? Proposed to be severed afterward? Fear tactics being used again — this is pretty good compared to what you could see Have found ways to do the demolition fundraising Has been in contact with Rob Nicholson's office Ironic that after last Open House went out for a drive and, upon returning, had to wait on the street to get by because so many cars Apartment building garbage trucks add to the congestion We are looking to find solutions We don't feel this is the right mix for this location because the street is too narrow Would love to have Stamford Kiwanis be a part of park development here because they mentioned at the last meeting that they develop parks Residents have invested on the street for its character — this would take away from the character and add traffic Willing to help Stamford Kiwanis fins another location so all win Dean Iorfida, City Clerk: City has purchased Had to purchase at market rate June 22 sale final School board wouldn't (et sale be conditional BiII Colclough: - Jim Diodati told him City needed a half - million to complete purchase Bob Bolibruck, City of Niagara Falls Planner: - $900,000 total value Dean Iorifda: - Had public entities not come forward, would have gone to private market Bert Watters: - City better off to keep and invest in property for tourism Bob Foley: - Concerned about the cost of demolition Bill Colclough: - I have had a conversation about getting the Royal Canadian Engineers to help with demolition A number of War of 1812 options available through government I feel confident we can do it A lot of interest in the site itself A lot of us do fundraising for other organizations Would like Stamford Kiwanis to be part of helping return this to green space Emilio Raimondo, Architect, representing Stamford Kiwanis: His experience that school demolition tenders $300,000 - $400,000 depending on abatement costs City's initiative to intervene a wonderful win -win situation City exhibiting fiscal responsibility Land becomes burden to taxpayers — upkeep costs Traffic numbers: School use over 300 students + staff + bus traffic Apartment building wonderfully less intense — will be considerably less traffic than school generated Joyce Bellefleur, Barker Street resident: Most of the kids walked or took a school bus It took 20 minutes to get out of her driveway tonight to come to this meeting Traffic already heavy and they fly We have handicapped residents in apartment building on street Bill Colclough: School traffic only September — December, January — March Break, post -March Break — June Intense 2X day only Otherwise breaks Add apartment building's private garbage pickup to calculation One thing to look at a map and another thing to be there seeing it Snow conditions even worse Has nearly been hit by large vehicles in snow conditions on the street Seniors mean potentially more ambulances too Private sector fundraising coupled with government grants to tear down building, then only grass cutting U.S. visitation will come back Isn't a burden to the taxpayers if doing something that helps build tourism Brian McKeown, Stamford Kiwanis: City chap attended Stamford Kiwanis meeting to provide update on the Bicentennial [Author's Question: Who was this "City chap " ?] City chap advised school building was closing and expressed funding not available to purchase the site Asked if Kiwanis could help in the process by purchasing building and turning it into housing to help the City purchase the property Region had looked at building and was doing due diligence Stamford Kiwanis told Region they were interested in building and their proposal would be more compatible with the neighbourhood Region agreed and backed off Negotiations were done by the City with the school board Stamford Kiwanis had indicated willing to pay half the cost up to 450,000 In process of doing their due diligence Up to 30 seniors better than what going on there right now — "We are hearing ..." [but did not specify what] How fast can money be raised to purchase the site? Not sure Council will support buying site and waiting for money to be raised Kiwanis saw as win -win situation to get involved Has partnered with City on two other properties — Buckley and Ailanthus Think it is a good use for site and if City can end up with nice park behind it would be great Can have nice building that 30 seniors can live in Bill Colclough: City buying first City already entered into Agreement Others can ask how Stamford Kiwanis got exclusivity What is the legality of Stamford Kiwanis' involvement? Land has to be declared surplus first Joyce Bellefleur: - It doesn't happen that you take in seniors only Kiwanis rep: - Over 55 is a senior Bert Watters: - At 55, is not a seniors building Kiwanis rep: - With discrimination laws, you can't discriminate - Can only look at applications Bob Foley: - Can City back out? Dean lorifida: - Sale was premised on a partnership with Kiwanis Bob Foley: - How much does community have to raise? Bill Colclough: Jim Diodati said half a million We would like that opportunity We can do it relatively quickly Bob Foley: What happens on June 22 if City doesn't have the money Will City not close the deal? Agree that tearing the school down and making it a park is the best proposal It is the best possible use But is it realistic? Will Council back out? Janice Wing: - The City has agreed to give a local soccer club $1 million - The soccer club is not ready — doesn't need that money yet - The City can use that $1 million to float this - We raised close to a quarter million for the battlefield (ca. 2000) within two years before Bill Colclough: We want the opportunity We on the street believe this is not the best use A reasonable amount of time is by 2014 Aggressive, but reasonable If the whole deal falls apart and goes to the private sector that's okay — that's the procedure Don't like backroom deals Jim Diodati directed me to call Rob Nicholson — he said there is still a lot of money for 1812 stuff Jim agreed that Calaguiro Estates residents wouldn't react well to this proposal for their neighbourhood either I don't like fear tactics — "What I've heard ..." is more fear tactics Bob Foley: - Give Brian Merrell a call Bill Colclough: - I already did Brian McKeown: - If you folks were so interested, why didn't you take action two years ago? - This was common knowledge — they've known about it for two years Joyce Bellefleur and others in unison: - We only heard two weeks ago Bill Colclough: - Two weeks ago we were first told about this - Every time we asked about it we were told they had to go through a pecking order John Prentice, Stamford Kiwanis: Either project is fine with me A very practical way to use a building Jock Ainslie: - Almost a crime that has to be done by June Ruth Redmond took 18 years I've been working on it 8 years Janice Wing: Developer who rezoned vacant lands at Main and Robinson for R4 townhouse complex has a known interest in Grey - Robinson Park Grey- Robinson Park dramatically underused Battlefield School yard, on the other hand, well -used for park purposes: Tobogganing in winter, especially for younger kids; softball tournament practice; organized soccer practices and games; BMX biking and skateboarding; playground; informal dog park ... People come from all over to use the space Grey - Robinson could be sold and the proceeds of the sale used to secure and develop this property as the neighbourhood /community park as which it is already functioning Bunnie Brandt: - Can I see a copy of the Agreement? - Is it written in the conditions of sale that Kiwanis are in on the deal? Dean lorfida: - The school board would not allow rezoning to be a condition of sale Bob Bofibruck: - The school board would not allow the City to have conditions on the sale - Hierarchy — Federal / Provincial / Regional / Municipal - If City didn't go forward it would've gone to the open market - The school board rushed the City — anxious to sell John Prentice: - Why don't you establish a committee and see what you can do? Janice Wing: We need a couple of years — same time frame for when we need the land cleared by anyhow (2014) City has the $1 million earmarked for the soccer club available in the interim Derek Weston, Barker Street resident: I will leave if this goes through The new money coming into the neighbourhood will leave We will stop investing My place was a dump when I purchased I'm employing locals to do the work on my house — example, a welder up the street I bought the house because I saw others investing around it — nice-looking properties across the street I will have no incentive to stick around and put more money into my property Ethel Watters, Barker Street resident: I have lived on street 43 years I only want a park or to continue the cemetery Only these two things Enough complexes on street already We just tolerated the school buses — we couldn't get in and out of our driveway many times Author s Note The school property has functioned for many years as a neighbourhood park: it is rather odd that other neighbourhoods in the city have not been required to contribute the money to purchase and develop their neighbourhood parks and yet ours is expected to do sol Joyce Bellefleur: - There 54 years - Have same concerns as at last meeting Emilio Raimondo: - A great way to revitalize downtowns is to bring people — done in Toronto Derek Weston: - This isn't Toronto Janice Wing: The school property is included in the Historic Drummondville Community Improvement Plan Area It and the residential properties immediately to its east were included for very specific reasons People have invested based on the directions provided in the City's planning documents If the City doesn't follow its own planning documents, it creates a climate of economic uncertainty, of investor uncertainty These are plans [showing building plans prepared by qualified designer] for Battlefield House B&B The CIP calls for Bed & Breakfasts to be developed in this area and for the character of the neighbourhood to be protected This would threaten that character If the apartment building proposal goes through, Battlefield House will not proceed — an apartment building next door would be incompatible with that type of development (wrong character) even though a B&B there is the type of development specifically called for there in the CIP Investors have been relying on the City following its own planning documents Brian McKeown, Stamford Kiwanis: - Janice, is this your development? Janice Wing: Yes, it is - Planned in accordance with the CIP Barker Street resident: - Will this be assisted housing? Stamford Kiwanis representative: - Not assisted, rents slightly less than market Brian McKeown (to Janice Wing): - Janice, whose B&B development is this? Your own? - "You have a conflict. You shouldn't even be here." Janice Wing: My right as a landowner to be here If I do not make oral and written submissions to the City 1 can lose my right of appeal to the OMB I do indeed have a conflict and will not speak or vote on the matter at Council Have gone to great lengths to avoid speaking to members of Council on the matter Emilio Raimondo: - There are Provincial Policy Statements - This is a prime example of a Smart Growth initiative in keeping with the Provincial intentions to minimize urban sprawl and build walkable neighbourhoods [Author s te_rc,:,>', is ^ t1 3.3 Planning authorities shuli icent :fy and �� ? 7`ote o p rte; i�t6 fir intense ication and redeye /ow-ner7f ,,dhere this can be accommodated taking into account existing building stock or areas Please note stipulation where this can be accommodated taking into account existing building stock or areas " Mr. Raimondo may not have been fully familiar w•th the PPS about which he was speaking; Barker Street resident: - How do you enforce just seniors? Stamford Kiwanis rep: - We take applications only for those in that age group - Can't advertise, can't say only seniors - In the way we do the applications - If someone at 40 years old applies we don't have to take them Bob Foley: If City going to pony up the $900,000 that's one thing, done deal My fear is the whole thing goes south and Council backs out, it goes on the open market, and it gets developed by a private developer Two — three years for the neighbourhood to raise the money, fine I want to know the City will close the deal, worried the City will back away if contingent on this partnership Bill Colclough (in response to Brian McKeown's accusation): - Everyone is here as a resident, including Janice - She is here as a resident - People here are willing to put up their own money into the area Bert Watters: We rely on the people we elect to run the City properly [Author s Note ty Bert was reinfo,cmg Janice 's 5t ,-terren, t th t pen ., 1 e h e .F)Sted in the area based or tre 'e' t;ur S S: v 'd ,r ? 'e > t \, s purr'in'g documents; Brian McKeown (to Barker Street residents): Aren't you worried about B&B traffic? B &Bs in Niagara -on- the -Lake have lots of traffic There will be a lot more traffic [Author's ^ ' n attempted Jct2 This .s thy, same sort u; � =; and c.i�r�q yen e or at the previous Open House by City Planner Sot Bolihruok who had either erred or lied at least twice including a false accusation against Janice against which the residents had reacted veher"enti`; Ethel Watters: - We have one behind us - They are quiet Bill Colclough: There are two apartments there already — it would be the same amount of traffic People are buying to conform with the CIP — Janice made investments relying on the City's planning documents Bert Wafters: - At luncheon at Drummond Hill Church, everyone said the same thing — leave it a historical park, no more apartment buildings on Barker Street eeg t o& (ea f_, JTTLEFIELD 9 �a /� Janice Wing, Principal 5993 Barker Street Niagara Falls, ON L2G 1Y4 Re: ZONING BY -LAW AMENDMENT APPLICATION 6015 BARKER STREET CITY FILE: AM -2012 -002 OBJECTIONS: 1) The proposed Zoning By -law amendment is not consistent with The Government of Ontario's Provincial Policies - Provincial Policy Statements (PPS) and Growth Plan for the Greater Golden Horseshoe (GGH). 2) The proposed Zoning By -law amendment is not consistent with the Regional Municipality of Niagara's Regional Policy Plan Directives. 3) The proposed Zoning By -law amendment does not maintain the intent and purpose of the City of Niagara Falls' Official Plan. 4) The proposed Zoning by -law amendment violates the principles of the applicant's own Greening Plan and its current greening initiatives. 5) The proposed Zoning by -law amendment is not in conformity with the City of Niagara Falls' Historic Drummondville Community Improvement Plan (CIP). 6) The proposed Zoning by -law amendment violates the directives and principles of the City of Niagara Falls' Lundy's Lane Battlefield Master Plan. I RECEIVED APR 1 8 2012 PLANNING & QEVELOPMENT 2 1) The proposed Zoning By -law amendment is not consistent with The Government of Ontario's Provincial Policies - Provincial Policy Statements (PPS) and Growth Plan for the Greater Golden Horseshoe (GGH): Although the PPS and GGH generally direct residential intensification to the built -up urban area, there are situations where good and careful planning dictates exceptions to these general policies. This is such a situation. The proposal is not consistent with the most appropriate development or use of the property: la) Provincial Policy Statement, 2005 http: // www.mah.gov.on.ca /Page1485.aspx Part IV: Vision for Ontario's Land Use Planning System The Province's natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. Part V: Policies 1.0 Building Strong Communities 1.1.1 Healthy, livable and safe communities are sustained by: a. promoting efficient development and land use patterns which sustain the financial well -being of the Province and municipalities over the long term; 1.1.3 Settlement Areas 1.1.3.3 Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas 3 1.7 Long -Term Economic Prosperity 1.7.1 Long -term economic prosperity should be supported by: a. optimizing the long -term availability and use of land, resources, infrastructure and public service facilities; f providing opportunities for sustainable tourism development; 2.0 Wise Use and Management of Resources Ontario's long -term prosperity, environmental health, and social well -being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Accordingly: 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 4.0 Implementation and Interpretation 4.5 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. 6.0 Definitions Conserved: means the identification, protection, use and /or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as 4 structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Heritage attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property. Significant: means g. in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. The PPS directs promotion of opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas. The existing building stock sharing the same particular street segment has been extensively overdeveloped. The majority of the five three - storey apartment buildings already existent on this particular street segment were developed without adequate parking provisions. The applicant has been made aware that insufficient parking as a result of the dense, crowded conditions already existent on this particular street segment is causing traffic congestion. Neighbours have described to the applicant unsafe conditions caused by drivers' attempts to pass vehicles parked on the narrow old street. Road widening is not a viable option because of the street wall setback: Much of the building stock was built close to the street. Thirty more units cannot be reasonably accommodated in these current overdeveloped conditions. The Community Improvement Plan for the Area in which the property is specifically included contains recommendations addressing the PPS directing that development support the financial well being of the 5 municipality over the long term. The Zoning by -law amendment application is not consistent with those recommendations (discussed later in part 4), nor with the Provincial Policy Statements they address. The application is not consistent with optimizing the long -term availability and use of land, resources, infrastructure and public service facilities; or with providing opportunities for sustainable tourism development. The American unit that captured the British guns in the pivotal minutes of the War of 1812 Battle of Lundy's Lane passed directly over the lands for which the Zoning by -law amendment application has been made. The subject property is a Cultural Heritage Resource. The application is not consistent with optimizing the long -term availability and use of land and resources. The main draw for American visitation to the Lundy's Lane Battlefield is the U.S. troop positions: Their principal interest is in the opportunity to follow the movements of the U.S. troop formations and to envision, through direct contact with the ground over which the U.S. troops passed, the exploits of their troops at that battle. The application runs contrary to providing this opportunity. The application is therefore not consistent with providing opportunities for sustainable tourism development. Ontario's long- teifil prosperity, environmental health, and social well -being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The application is not consistent with protecting the Lundy's Lane Battlefield cultural heritage resource. It is therefore not consistent with maintaining the economic benefits of that resource. It is therefore not consistent with maintaining Ontario's long -term prosperity. 6 Ontario's long -term economic prosperity is so vital a goal that the direction in the PPS cannot be more clear: "significant cultural heritage landscapes shall be conserved." The subject property, a key part of the Lundy's Lane Battlefield, is "Significant" — defined as "resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people." The subject property makes an important contribution to our understanding of a place (the Lundy's Lane Battlefield topography); of an event (the Battle); and of a people (the Canadian people — for whom great issues were involved here: Issues of allegiance, of how they would be governed, of how they identified as a people.) The authoritative study of the Battle of Lundy's Lane is Donald E. Graves' Where Right and Glory Lead! ISBN 1- 896941 -0306 The p. 151 mapping (soft cover 1997 edition) depicts the 2nd Phase of the Battle c. 8:45 — 9:45 p.m.: "The Twenty -First Infantry then attacks and takes the British guns ..." The movement of the 21St Infantry in that second phase was outlined on an aerial photo of the area by Ron Williamson, Archaeological Services Inc. as part of the Lundy's Lane Battlefield Master Plan Study conducted for the applicant in the late 1990s. Dr. Williamson's mapping shows the building currently on the subject property lying squarely within the path of the 21St's advance in the 2nd phase: 7 Detail showing building directly on the path of the U.S. 215` Infantry (the black rectangle running west -east between the dashed blue lines depicting the path of the 215`5 advance to the British guns is the building roof): The subject property was central to the pivotal minutes of the Battle of Lundy's Lane. It clearly meets the definition of a "Cultural Heritage Landscape." The cover description of Where Right and Glory Lead! summarizes: Lundy's Lane was the bloodiest battle of the War of 1812 and the bloodiest fought on what is now Canadian soil. It was the high mark of the 1814 Niagara campaign, which was the longest campaign of the War and the last time that Canada suffered a major foreign invasion. The PPS directs that significant (which the subject property clearly is) cultural heritage landscapes (which the subject property clearly is) "shall be conserved." The PPS requirement "shall be conserved" directs "protection, use and /or management ... in such a way that their heritage values, attributes and integrity are retained." 8 Redevelopment of a redundant building sited directly upon a key troop corridor as an R5A use would not be consistent with retaining the heritage values, attributes and integrity of that corridor, nor of the wider battlefield of which it is an essential part. The application to redevelop a redundant building sited directly upon a key troop corridor as an R5A use is not consistent with conserving the principal features, characteristics, context and appearance that contribute to the Cultural Heritage Significance of the property. The application is not consistent with maintaining the Heritage Attributes of a significant Cultural Heritage Landscape. The wise use and management of these resources over the long term is a key provincial interest. The Zoning by -law amendment application is not consistent with that interest. It is not consistent with the direction that the significant Cultural Heritage Landscape shall be conserved. 1b) Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 http:// www. moi.gov.on.ca /pdf /en /GrowthPlan GGH.pdf Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 1.1 Context The Growth Plan for the Greater Golden Horseshoe (this Plan) has been prepared under the Places to Grow Act, 2005. It is a framework for implementing the Government of Ontario's vision for building stronger, prosperous communities by better managing growth in this region to 2031 ... It demonstrates leadership for improving the ways in which our cities, suburbs, towns, and villages will grow over the long term. This Plan reflects a shared vision amongst the government of Ontario, the municipalities of the GGH and its residents. Successful implementation of this plan's vision will be dependent upon collaborative decision - making. 9 2.2.3 General Intensification 6. All municipalities will develop and implement through their official plan and other supporting documents, a strategy and policies to phase in and achieve intensification and the intensification target. This strategy and policies will - b) encourage intensification generally through the built -up area c) identify intensification areas to support achievement of the intensification target e) recognize urban growth centres, intensification corridors and major transit station areas as a key focus for development to accommodate intensification 6. Definitions Intensification Corridors Intensification areas along major roads, arterials or higher order transit corridors that have the potential to provide a focus for higher density mixed -use development consistent with planned transit service levels. The applicant, within the past two years, conducted a major planning exercise that identified intensification areas as directed above. The extensive public consultation that took place as a part of that exercise involved a series of Open Houses in November 2010. One such Open House, arranged specifically to gather public comment and input for the Drummondville Node, was held on the property which is the subject of the current Zoning by -law amendment application. The applicant proposed area residential intensification for the Drummondville Node along major local arterial roads only. The same applicant gave no indication whatsoever of any form of residential intensification being considered for the subject property where that Open House was held. 1 bi) Official Plan Amendment No. 94 The applicant adopted Official Plan Amendment No. 94 on January 31, 2012 to bring the Official Plan into conformity with the Province's Growth Plan for the Greater Golden Horseshoe. OPA 94 is currently before the Regional Municipality of Niagara pending final approval. 10 OPA 94 was not in force and effect when the Zoning amendment application was filed, and is still not in force and effect. It is, however, instructive to consider that the application is not in keeping with the Applicant's proposed Official Plan revisions — and that it meets neither the current nor the proposed future versions of good planning: Official Plan Amendment No. 94 speaks to "enabling Council to use all effective planning tools when considering development and the protection of heritage within the City of Niagara Falls." Within Official Plan Amendment No. 94, SECTION 3 Intensification advises: "The City has identified specific intensification areas which have the potential to accommodate higher density development over the long term as nodes and corridors on Schedule A -2." The subject property is within the Drummondville Node. The General Policies for this Node direct that Council shall "promote development that builds on the unique features and heritage aspects" of that node and "consider the provision of additional public facilities and infrastructure to support those living, working and visiting these nodes." The internationally significant Lundy's Lane Battlefield is a unique feature and vital heritage aspect of the Drummondville Node. The Lundy's Lane Battlefield Park is a public facility existent in the node which is presently constrained by the development on and around it — most significantly, by the redundant building on a key troop corridor located upon the subject property. The application is not consistent with the direction that Council shall "promote development that builds on the unique features and heritage aspects" of the area. Section 3.14.3 Heritage identifies the Area of which the subject property is a part as possessing "a rich architectural heritage comprised of several architectural styles and periods including buildings or properties listed on the Municipal Register of Heritage Properties." One such property directly abuts the south - eastern edge of the subject 11 property. Section 3.14.3 Heritage directs: "Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource." The Zoning amendment application proposes a development that does not reflect the character of the heritage buildings. The proposed massing and scale is severely out of proportion with that of the building stock surrounding the subject property. The street wall setback and massing of the adjacent heritage building stock are not respected. Property Consolidation 3.14.4 directs: "Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City's Involvement in property acquisition, investment and public /private partnerships. Council may also consider selling surplus City -owned land for redevelopment. In such case the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: compliance with the policies of this Plan; consistency with the goals and objectives of the Community Improvement Plan; sensitivity of the proposal to the surrounding land uses and heritage character; the potential of the proposal to stimulate further regeneration and intensification; and the financial impacts of the proposal on the City." The subject property is included in the Community Improvement Plan Area for this node. 12 It seems highly questionable how a key troop corridor on an internationally significant battlefield Cultural Heritage Landscape could be deemed "surplus" to the needs of battlefield park development, particularly given the importance of that corridor to the heritage values, attributes and integrity of the wider battlefield of which it is an essential part. The deeming of any of the subject land "surplus" would run counter to key provincial interests and sustainable tourism development. That question aside, if the subject property was, all or in part, indeed surplus, 3.14.4 directs the Applicant to "undertake a process that requires interested parties to submit a proposal for the development of the lands." (This is also reflective of the direction in the Applicant's Sale of Land By -law 2003 -16, which is already in effect.) Such a process has not been undertaken publicly. Were such a process to be undertaken, it would be found that the Zoning by -law amendment application for the subject property: - is not in compliance with the policies of the Plan; - is not consistent with the goals and objectives of the Community Improvement Plan; - is not sensitive to the surrounding land uses and heritage character; - has demonstrated potential to impede further regeneration; and - presents potential negative long term financial impacts on the city "Part 2 Land Use Policies "Section 1 — Residential "Residential development should occur in a manner which is compatible with the surrounding neighbourhood. Various amenity features will be incorporated within developments to ensure pleasant living conditions and a high quality of life." The proposed development is not compatible with the character and heritage qualities of the surrounding neighbourhood. Amenity features and green space have not been incorporated within the proposed development to ensure pleasant living conditions and a high quality of life. 13 "Built -up Area "1.15.5(i) Single detached, semi - detached, street townhouses, block townhouses and other compatible housing forms ... are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood." The massing and setbacks in the proposed Zoning by -law amendment are not in character with the surrounding neighbourhood. The street presence of the proposed development is not in character with the surrounding neighbourhood. "Policies 5.1 New development, redevelopment and public works projects shall utilize building, streetscaping and landscaping designs to improve the built and social environment of the City and to enhance quality of life. Development should integrate and be compatible with the surrounding area including natural heritage and cultural heritage features." The proposed development is not compatible with the cultural heritage features of the surrounding area. "5.1.1 The design of new development and redevelopment shall specifically address height, setbacks, massing, siting and architecture of existing buildings in order to provide a compatible relationship with development in an area." The proposed development does not specifically address setbacks, massing, siting and architecture of existing buildings. It does not provide a compatible relationship with development in the area. "5.1.2 Development shall be oriented to the pedestrian. As such buildings shall be set as close to the street as possible ... " The proposed development is not oriented to the pedestrian. It is not set as close the street as possible. It is set back significantly from the otherwise relatively consistent street wall. "5.1.4 ... Furthermore, new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and 14 vistas." The proposed development is sited to obstruct the vista of the Lundy's Lane Battlefield from the adjacent Lundy's Lane Battlefield Park properties. It obstructs a significant Cultural Heritage Landscape. "5.1.5 Parking areas are to be minimized within the front yard of development sites. Parking shall be primarily located in the rear or sideyards of development sites with sufficient landscaping utilized to create an effective buffer to abutting lands." The proposed development seeks to expand the driveway and parking area in the front yard of the development site. It seeks to locate a further parking area in the east sideyard where a tarmac playground area (with now -faded foursquare and basketball court markings) currently exists. It fails to propose utilizing sufficient landscaping to create an effective buffer to abutting lands. 5.2 "Streets are a public space that, while conveying motorized traffic, are to be designed as a safe, comfortable and convenient environment for the pedestrian and cyclist." The street is narrow, congested and unsafe, particularly in snow conditions, for vehicular traffic. The safety, comfort and convenience of cyclists is already significantly compromised. The addition of vehicular traffic serving an additional thirty units would further compromise this already compromised public space. The proposed development simply does not represent good planning either under the current or proposed future Official Plan criteria. Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 4. Protecting What is Valuable 4.1 Context The GGH is blessed with a broad array of unique natural heritage features and areas, irreplaceable cultural heritage sites, and valuable renewable and non - renewable resources that are essential 15 for the long -term economic prosperity, quality of life, and environmental health of the region. These valuable assets must be wisely protected and managed as part of planning for future growth. 4.2.4 A Culture of Conservation 1. Municipalities will develop and implement official plan policies and other strategies in support of the following conservation objectives: e) Cultural heritage conservation, including conservation of cultural heritage and archaeological resources where feasible, as built -up areas are intensified. 5. Implementation and Interpretation 5.1 Context Key to the success of this Plan is its effective implementation. Successful implementation will require that all levels of government, non - governmental organizations, the private sector, and citizens work together in a co- ordinated and collaborative way to implement the policies of this Plan and to realize its goals. 5.4 Policies for Implementation and Interpretation 5.4.1 General implementation and interpretation 1. This Plan, including context sections, definitions and schedules, should be read in its entirety and all relevant policies are to be applied to each situation. 5. The policies and targets of this Plan represent minimum standards. Planning authorities and decision - makers are encouraged to go beyond minimum standards established in specific policies and targets, unless doing so would conflict with any policy of this Plan, the applicable PPS, or any other provincial plans. 16 2) The proposed Zoning By -law amendment is not consistent with the Regional Municipality of Niagara's Regional Policy Plan Directives: http://www.niagararegion.ca/ living /icp /pdf /policy /regional- strategy - 2x11- Policy- Plan.pdf The Regional Policy Plan Directives stipulate: SECTION TWELVE IMPLEMENTATION It is intended that this Plan be read in its entirety as existing and proposed land uses may be subject to policies within different sections of the Plan. Where multiple policies apply, these are to be applied in either a cumulative or integrated manner, such that all of the policies that relate to a matter are addressed, with the more specific or restrictive policy applying where there are conflicts. Policies are not meant to be read in isolation of the rest of the policies, both general and specific. Although it is directed via Policy Plan Amendment 2 -2009 that: 5.4 Residential Areas and Housing Where appropriate, the Region commits to, and encourages the local municipalities to also commit to, a "housing first" policy for surplus municipal lands such that the first priority in the decision process regarding possible disposal of surplus lands shall be affordable housing, and that best efforts will be made to make the surplus property available for affordable housing purposes. The stipulation is "where appropriate." This site is not appropriate and the lands, due to their extreme cultural heritage importance, cannot reasonably be considered surplus. Further, Policy 5.4 is of a general nature. This is a situation in which existing and proposed land uses may be subject to policies within different sections of the Plan ... with the more specific or restrictive policy applying where there are conflicts. The specific policies that apply are as follows: SECTION THREE REGIONAL STRATEGY FOR DEVELOPMENT AND CONSERVATION As a community, Niagara has special qualities, rooted in its rich cultural 17 and historical heritage ... The preservation and enhancement of the Region's special character will be important to the quality of life here in the future ... There is the opportunity to establish a framework to guide change that will preserve and enhance what is special about Niagara while also accommodating growth and new development. To this end, seven strategic objectives have been identified along with underlying principles which assist in the attainment of the objectives. Strategic Objectives 3.5 To improve regional self - reliance through long -range economic development planning and economic diversification. - Creation of tourism development opportunities SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM 4) Economic Development and Tourism Tourism plays a very important role in Niagara's economy, providing employment and generating business for support service and supply industries. It is an industry with significant growth potential. He policies in this Plan are designed to support the continued growth and development of Niagara as a tourist destination with those special qualities that make the region attractive to both tourists and to residents. Specific recommendations pertaining to implementation of the above -noted policies have been incorporated into the Community Improvement Plan for the Area of which the subject property is a part. SECTION SEVEN NATURAL RESOURCES AND ENVIRONMENTAL AREAS 7.E Recreation and Open Space Objective 7.E.1 To ensure sufficient recreational, open space and park areas within the Region to meet the leisure needs and desires of present and future residents and visitors. Policies for Recreation and Open Space Policy 7.E.1 The Region considers that its major role in recreation and open space should be 18 related to co- ordination of the activities of the various public agencies involved, especially when the areas are of regional significance or transcend the boundaries of individual local municipalities. The Cultural Heritage importance of the subject property transcends the boundaries of not just the individual local municipality, but of the region, the province, and even the nation. Its significance is not just regional, but national and international. Policy 7.E.3 The Region may provide funding for land acquisition in cases where this cannot be accomplished through other agencies. Wherever possible, acquisition programs shall be in co- operation with other agencies and shall use available cost - sharing programs. The Region will also seek the necessary legislative changes to permit such funding. 7.F Historic Sites and Buildings Objective 7.F.1 To preserve buildings, communities and other sites of significant historic and architectural interest. Policies for Historic Sites and Buildings Policy 7.F.1 The Region will encourage local municipalities to take advantage of the provisions of The Ontario Heritage Act regarding the designation and protection of historic and architecturally significant buildings and sites. Policy 7.f.2 The Region, in co- operation with other levels of government and concerned private groups, will identify, inventory and evaluate sites and buildings of major historic and architectural significance. Policy 7.F.3 The Region will carefully review new development proposals which might impair the historic or architectural character of sites and buildings evaluated as being of significant interest. Policy 7.F.4 Each area municipality should provide policies in its official plan for the protection of sites and buildings which have historical or architectural significance. There should be provision for the area municipality to delay the demolition or extensive 19 alteration of significant sites or buildings for a specific period to allow time for negotiations or public purchase. Policy 7.F.5 The public works and projects of all levels of government should wherever possible be in harmony with the character of historic and architecturally significant buildings and communities. SECTION TWELVE IMPLEMENTATION Policy 12.5.1.D Table 1 for Complete Application Planning Justification Report: Any proposal for development or site alteration should demonstrate that it meets goals, objectives and policies of Provincial plans and policy statements, the Regional Policy Plan and the Municipal Official Plan and provide an indication of whether it conforms to applicable Provincial plans and policies. The proposal does not, as addressed under Part 1) above, meet the goals, objectives and policies of Provincial plans and policy statements. The proposal does not, as will be addressed below under Part 3) below, meet the goals, objectives and policies of the Municipal Official Plan. Archaeology and Cultural Heritage Assessment: Any development or site alteration proposed in proximity to lands that contain known archaeological resources or areas of archaeological potential. Heritage Impact Analysis: Any development or site alteration proposed on or adjacent to lands, structures or buildings designated under the Ontario Heritage Act or listed on an approved heritage resource inventory. The Zoning by -law amendment application proposes development and site alteration adjacent to a property listed on an approved heritage resource inventory (5993 Barker St., which abuts the subject property along its north and west borders). The development or site alteration is proposed for a property which is a significant Cultural Heritage Resource. 20 Furthermore: 5.6 Community Facilities and Institutions 1. Community facilities include but are not limited to active recreational areas such as parks, arenas and trails, and institutions such as schools, churches and government offices. 2. The Region expects that major public community facilities and community infrastructure will be located in downtown areas, to the extent that site considerations and land needs can be addressed. Major public community facilities are those that serve a federal, provincial or regional clientele, and also those which provide focal service functions for an entire municipality. The Lundy's Lane Battlefield, as a key War of 1812 site, serves a federal and international clientele and therefore meets the definition of major public community facility. 6. Expansion and optimization of existing developed community service facilities should be considered before developing new community facilities. Where it is determined that new facilities should be developed, retention of the existing facilities and conversion to other uses should be encouraged. The Applicant acquired the adjacent Drummond Hill Cemetery and open space lands along the southern border of the Cemetery in 1996 for a major public community facility (Lundy's Lane Battlefield Park). Subsequently, the Application acquired other abutting (Drummond Road) and nearby (Buchner Place) lands for expansion and optimization of the Lundy's Lane Battlefield Park. The latter two properties were peripheral to the battle and far less historically important than the property that is the subject of the re- zoning application. The property that is the subject of the rezoning application is far more important to the expansion and optimization of the existing developed community service facility. The retention of the existing facility and conversion to other uses (open space memorial) is the development alternative which best meets the Regional Policy Plan Directives. 5.8.4 Tourism and Recreation 1. Tourism and recreation related development is recognized as one of the core components of Niagara's economy. 2. The Region supports and encourages the continued expansion and 21 development, within Settlement Areas, of opportunities related to tourism and recreation. 5.10 Culture and Heritage 2. The Region encourages support for conservation, restoration, enhancement, and adaptive re -use of Niagara's cultural heritage resources. 3. Cultural heritage resources shall be conserved, enhanced, restored or re -used to protect the cultural identity of existing communities, particularly where intensification is being considered. The subject property is a vital part of a larger Cultural Heritage Resource. The Regional Policy Plan Directive is that it shall "be conserved, enhanced, restored or re -used to protect" the cultural identity with which it is associated. The proposed Zoning by -law amendment clearly does not conform with Regional Policy Plan Directive 5.10.3. 4. New development or redevelopment within or adjacent to heritage areas or districts, or adjacent to a designated heritage site, should be compatible in scale, architectural treatment and land use with the existing heritage features within or adjacent to the area, or of the site. The proposed Zoning by -law amendment clearly does not conform with Regional Policy Plan Directive 5.10.4. 8. NIAGARA ECONOMIC GATEWAY POLICIES 8.10 TOURISM AND CULTURE 1. It is the policy of the Region to work with major tourist institutions, the cultural sector and post secondary educational institutions to encourage cooperative initiatives that build on the success of these sectors in the Region and create innovative opportunities for improved programs and facilities. 22 3) The proposed Zoning By -law amendment does not maintain the intent and purpose of the City of Niagara Falls' Official Plan: http: / /www.niagarafalls.ca /city -hall /planning /official- plan.aspx The Official Plan, Part 2 — Land Use Policies, Section 1 — Residential requires: 1.4.1 All residential development shall be coordinated with the pattern of surrounding development having regard to such matters as housing mix and densities On this particular street segment, the abundance of former single detached dwellings now converted to multifamily, plus five three storey apartment buildings, creates a higher residential density than comparable street segments elsewhere in the municipality. This particular street segment now predominantly accommodates only smaller household sizes (one and two bedrooms) and lower income households. There are no high- income households on the street or in the surrounding area. As the single detached homes on this particular street segment were converted to multifamily dwellings, the proportion of middle- income families sharply declined. Smaller apartments now represent the majority of the mix. The housing mix on this particular street segment is already imbalanced. The vast majority of current housing units on this particular street segment are apartments. The Zoning by -law amendment proposes to add another dense multifamily dwelling with thirty more apartment units. The proportion of remaining single - family detached units would be dramatically altered, exacerbating the existing imbalance in the housing mix and exacerbating existing density- related problems. The vast majority of residents living on this particular street segment now are low - income singles and families. The proposed addition of 30 one- and 23 two - bedroom "affordable" apartment units to the current mix would exacerbate the skew in recent years toward smaller household sizes and lower incomes on this particular street segment. The housing types, household sizes, sizes and income groups that are unrepresented and underrepresented now would become further underrepresented. The proposal represents poor coordination. The application does not conform to the City's Official Plan with respect to having regard to housing mix and density. 1.4.3 Undue concentrations of any particular housing type shall be avoided. A variety of low, medium and high density housing shall be promoted. There is already an undue concentration of a particular housing type (apartments) on this particular street segment. There is also a concentration of low -rent housing on this particular street segment. Niagara Support Services maintains affordable units for its clients at two properties (6136 Barker and 6146 Barker) on this particular street segment. The Zoning by -law amendment application does not conform to the Official Plan directive that "Undue concentrations of any particular housing type shall be avoided." 1.7 Single detached housing will continue to dominate the character and identity of residential neighbourhoods, although an increasing demand for various types of multiple residential accommodation is recognized. In providing for these demands, varieties of residential types will not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following guidelines and applicable secondary plan policies. This particular street segment already suffers a dearth of single detached housing. The character and identity of this particular street segment has been undermined by the applicant's past permissions for an excessive number of apartment units to be constructed on this particular street segment and its failure, despite numerous complaints, to enforce its zoning bylaws with regard to the illegal conversion of single detached homes to multifamily dwellings. 24 There are about a dozen families whom have lived on this particular street segment for upwards of thirty years - up to 70 years in some cases. These families have known one another for decades, they watched one another's children grow up. They self - identify as a "neighbourhood" in the best sense of the term. The character of their residential neighbourhood has been significantly undermined in recent decades by the applicant's prior planning approvals for their particular street segment and its failure to enforce its Zoning by -law. The applicant's past actions and past failures have caused the character of their once - prosperous residential neighbourhood to become so drastically altered that single detached housing no longer dominates as per the requirement of the Residential Land Use Policies of the Official Plan (2.1.7). There is much good sense behind those Residential Land Use provisions: It has been the owners of the single family detached housing whom have fought to retain the character of their neighbourhood. The longevity and cohesiveness of the tenure of these dozen or so families, and their fierce pride in the character and heritage attributes of their historical area (which has encouraged them to remain despite the decay of the residential properties around them) has prevented further decay, and maintained the character and identity of this residential neighbourhood against further degradation. These dozen or so families whom have, together as a neighbourhood, continued to staunchly support the character and identity of this particular street segment, all live in single detached housing. It is this housing type that is increasingly shrinking in its proportion to the mix of other housing types in their neighbourhood. Good planning does not further shrink the proportion of a housing type that has demonstrated to be so vital in the mix. The addition of 30 more apartment rental units will radically transform the character and identity of this particular street segment from one in which single detached housing is already severely on the decline to one in which single detached is a rarity in the overall mix. 1.10 New residential development and infilling shall be designed and 25 integrated to achieve compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. Appropriate open space, separation distance and design measures, including landscaping and buffering, shall be provided to maximize privacy and to minimize any adverse impact on neighbouring uses. Compatibility and sensitivity cannot be achieved through the conversion of the redundant school building to a multifamily residential use. The excessive density already existent in this particular street segment has been abundantly described. The building mass is far too great. The massive building footprint far exceeds that of the abutting dwellings on either side, and of the half -dozen or more dwellings directly across the street. The enormity of its footprint in relation to all the other buildings on this particular street segment, even the five existing apartment buildings, can be immediately recognized by looking at the "Selected Battlefield Manoeuvres and Heritage Park Property" aerial photo and maneuvers provided by Dr. Ron Williamson of Archaeological Services Inc. as part of the Lundy 's Lane Battlefield Master Plan report commissioned by the applicant in the late 1990s. The building arrangement is most unfortunate. The Williamson aerial photo shows the enormous Battlefield School footprint lying directly in the path, in its entirety, of the U.S. 21s` Infantry's advance upon the heights where it took the British guns in the pivotal moment of the battle which took place on these lands on July 25, 1814. One of the purpose of regulating building arrangement and site design is to help protect significant environmental and historic features, promote a sense of neighborhood and community identity, and reduce the visual impact of high - density development on the surrounding area. The protection of the Cultural Heritage Landscape from the National Memorial and environs out over the battlefield and, specifically, of the path of the U.S. advance is significantly compromised by the intrusion of this massive, ugly, modern building. Conservation of the battlefield's significant heritage features cannot be achieved by converting the redundant school building as proposed in the 26 Zoning by -law amendment application. The building is a prominent feature in or abutting the parklands that the applicant owns and intends to expand. The view southeastward, from the British position toward the U.S. lines and their path of advance, requires protection as a Cultural Heritage Landscape. The removal of the massive modern school building is necessary to reduce its visual impact on the area's most significant historical features. The removal of the modern school building is necessary as well to achieve a return to providing a sense of neighbourhood and community identity. The building mass, arrangement, setbacks and appearance is totally out of character with the surrounding building stock on this particular street segment. Retention and conversion of the building to a high - density development would have significant negative impacts on the protection of a significant Cultural Heritage Landscape. It would have significant negative impacts also, for reasons previously outlined, on the promotion of a sense of neighbourhood and community identity. 1.12 Several categories of residential land use will be established in the zoning by -law to accommodate a variety of housing types and densities. In the zoning of lands for residential purposes, regard shall be had to the policies of this Plan, applicable Secondary Plans and the following. 1.12.3 Compatibility with surrounding housing and future development. 1.12.7 Affordability and housing mix. The applicant's proposal is not compatible with surrounding housing (as has been argued previously), nor is it compatible with future development (to be outlined in Part 4 below). The applicant's proposal does not have regard to considerations of housing mix on the particular street segment and in the surrounding area. The Official Plan, Part 4 Section 1 — General Implementation Policies requires: 4 -32 14.2 In order to ensure that all possible information is available to the City, the public and agencies involved in reviewing an application under the Planning Act, the prescribed information required under the Planning Act shall be provided 27 along with additional information and /or reports that may be required, as determined through pre- consultation, such as, but not limited to, the following: 14.2.1 A planning justification report describing the appropriateness of the site for a proposed use and compatibility of the proposed development with surrounding land uses and consistency with the Planning Act and its Policy Statements and conformity with any Provincial Plans, the Regional Niagara Policy Plan and this Plan. These matters have also been addressed at length above. 14.2.6 A traffic impact study where the development proposal may affect traffic patterns, safety or the intensity of traffic or revisions to a roadway or entrance. Neighbourhood residents have noted concerns with existing traffic patterns, safety and intensity. The older apartment buildings on this particular street segment do not provide sufficient parking, with the result that visitors' vehicles clog the street. The road is narrow, and two vehicles often cannot pass the parked vehicles abreast. This is particularly evident in snow conditions, when windrows narrow the roadway further. Lines of cars stack up mid -block waiting for a chance to get past parked vehicles. The addition of 30 more dwelling units, bringing visitors and service vehicles (eg. another private garbage contractor), is not a feasible proposal. 14.2.10 A tree inventory and tree preservation plan, where an individual significant tree or any group of trees, including a woodland as defined by the Region's Tree and Forest Conservation By -law, may be impacted by a proposed development. Neighbourhood residents have noted concerns with tree preservation. 14.2.13 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. The abutting property at 5993 Barker Street is Listed on the City's Register of Heritage Properties, and the "Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties)" is identified as a "Future Cultural Heritage Study Area" in Appendix VI to the Official Plan. 28 14.2.14 A park and trail needs assessment that demonstrates how the proposed development integrates or conforms with the City's Bike and Trails Master Plan or any other plan that the City may pass from time to time. The applicant commissioned and adopted the Lundy's Lane Battlefield Master Plan in the late 1990s. Additonally, "Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties)" is identified as a ``Future Cultural Heritage Study Area" in Appendix VI to the Official Plan. 14.2.15 An archeological study if the lands are within an area of archeological potential. 14.2.16 A financial impact study addressing the financial implications of the proposal on the City, neighbouring lands or the general market in the City. A financial impact study of the opportunity cost should address the long- term financial implications on the City of failure to protect the cultural heritage attributes referenced in the PPS, GGH, Regional Policy Plan Directives. The Official Plan, Part 5 Appendix I — Definitions: 5 -2 1.12 "Cultural Heritage Landscape" - a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together for a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.13 "Cultural Heritage Value or Interest" - includes built heritage resources, cultural landscapes and sites of archaeological importance. 5 -3 1.21 "Heritage Impact Assessment" - a study prepared by a qualified person(s) to determine if a specific development proposal will impact on any heritage resource or areas of archaeological potential. The study shall demonstrate how the cultural heritage resource will be conserved in context of the development and make recommendations on mitigative or avoidance measures, including alternative development approaches. 29 The Official Plan, Part 5 — Appendix VI — Future Cultural Heritage Study Areas: Stamford Elgin Clifton Drummondville Village of Chippawa Lundy's Lane Battlefield (municipally owned sites plus related publicly - owned properties) Lundy's Lane /Ferry Street (from Beechwood Road to Victoria Avenue) Portage Road (from Chippawa to the Hydro Reservoir) First Welland Canal/Welland River (both sides of the river within the current municipal boundary) Power Canal Willoughby Marsh /Ussher's Creek Niagara Parkway: Zimmerman Estate; Niagara Glen; Victoria Park/Oak Hall; Navy island; Chippawa Battlefield *from the Niagara Falls Heritage Master Plan. The Official Plan, Part 2 -- Section 14 — Special Policy Areas Preamble Notwithstanding the general policies of the Official Plan, certain areas are designated Special Policy Areas due to their unique characteristics and /or special circumstances, some which may affect their development or redevelopment. Special Policy Areas are shown in a triangular pattern on Schedule "A" of this Plan and are subject to the following special policies. Policies 14.10 SPECIAL POLICY AREA "10" The designation of Special Policy Area "10" is representative of the Drummond Hill area of Lundy's Lane. This area contains historic significance as the location of the Battle of Lundy's Lane in the War of 1812. It is intended that the lands in this area will be protected and preserved to commemorate the Battle of Lundy's Lane. The Official Plan, Part 2 — Section 4 — Tourist Commercial Preamble 30 This Official Plan establishes policies for the Tourist Commercial Area which emanate from the Niagara Falls Tourist Area Development Strategy and public consultation. The overall emphasis of that strategy is to improve the physical setting of the Tourist Area, creating a world -class tourist destination which fosters increased visitor spending, lengthens visitor stays and extends the tourist season. As a site over which an invading foreign army passed during a key maneuver on an international battlefield, the subject property holds potential in helping create a world -class tourist destination and fostering increased visitor spending, lengthened visitor stays, and extending the tourist season. This would also support the PPS regarding building strong communities; securing the financial well being of the Province and municipalities; long term economic prosperity; and building sustainable tourism opportunities. General Policies 4.1 The Niagara Falls Tourist Area Vision 4.1.1 The creation of a world -class tourism destination is envisioned for Niagara Falls - a modern urban centre at the heart of one of the world's most beautiful landscaped settings and natural wonders. 4.1.2 In order to achieve this vision, a high quality tourism environment needs to be created. A substantial commitment and investment will be required on the part of all stakeholders to revitalize the physical setting to one worthy and respectful of the Falls and to promote high standards of building design in order to effectively compete in the international market place. 4.1.4 The City shall seek the assistance of senior levels of government and other associated agencies and institutions in improving the public tourism infrastructure of Niagara Falls to ensure that the City, Region, Niagara Parks Commission, Province and private developments realize their full economic potential as an international tourist destination. The Park in the City 4.1.5 Niagara Falls is one of the world's natural wonders. Cast in a physical setting of parkland and open space, a high quality visitor experience is provided. To enhance this experience, the park setting of Queen Victoria Park shall be extended into the City, creating a high quality urban environment as a framework for new private development. Upgrading the tourism environment shall be implemented through a programme of greening and beautification - bringing the Park into the City. 31 Tourist Districts 4.2 4.2.3 The Lundy's Lane Satellite District is a multi - functional commercial area catering to both City residents and tourists. A portion of the District also provides opportunities for cultural heritage preservation. Satellite Districts 4.2.25 Satellite Districts shall each have a particular characteristic and tourism focus which attracts specific market segments. In order to enhance the quality of the visitor experience within the individual Satellite Districts, clearly defined roles and functions need to be established. The following policies provide this direction. Lundy's Lane Satellite District 4.2.26 The Lundy's Lane District shall function as a commercial corridor for City residents, a supporting commercial corridor for tourist functions, and a heritage district at Drummond Hill. It shall provide a wide variety of retail - commercial and tourist - commercial uses at a small and medium scale. These shall include the continued provision of auto - related service commercial uses, hotel and motel accommodations, campgrounds, recreational uses, restaurants, supporting retail facilities and historically- related tourist opportunities. 4.2.28 The enhancement of the Lundy's Lane Battlefield site and its retention as a historically important open space together with other related historical uses such as the Lundy's Lane Museum shall be supported. The Public Realm 4.3 4.3.1 The physical setting of the Niagara Falls tourist area requires upgrading and renewal to reflect an internationally significant tourist destination image. In order to do this, a high quality public realm must be created consisting of generously landscaped streets, open spaces, parks and gateways. Public and private development will occur within this new planning framework. Open Space System 4.3.11 The City's vision of becoming an international tourist destination shall be achieved through the upgrading and improvement of the physical plant ... 32 The Official Plan, Part 2 — Section 11 — Community Improvement 11.3 The following criteria should be considered when designating a Community Improvement Project Area: 11.3.6 inadequate mix of housing types; It is not mere coincidence that the subject property was included in a Community Improvement Plan area and that the neighbourhood of which it is a part suffers inadequacy in the mix of housing types (as previously discussed). 33 4) The proposed Zoning by -law amendment violates the principles of the applicant's own Greening PIan and current greening initiatives: Park in the City Street Tree Planting Program's newspaper advertisement (Apr. 16, 2012 issue of the Niagara Falls Review, p.C2) arranged by the Applicant advises that: "The Park in the City Committee and the City of Niagara Falls is committed to improving the City's streetscapes and increasing the urban forest canopy in Parks, Trails, Green spaces as well as along City streets and boulevards." The advertisement further advises of the benefits of a single street tree: Reduce cooling costs in summer and heating costs in winter Filters air pollution and improves air quality by generating oxygen and absorbing carbon dioxide - Provide shade to sidewalks and streets in the summer - And wind breaks in the winter - Trees create a buffer between the street and your home, thus reducing traffic noise - Reduce pressure on storm sewers after heavy rain and the cost of water treatment - Provide habitat for birds and other fauna - Create a healthier and attractive environment for residents and visitors Despite having provided the above public advertising within the Notice period, the applicant proposes to remove at least three mature, healthy, decades -old trees on the property in its ownership near the sidewalk fronting the subject property. The grove of healthy mature fir, chestnut and other trees near the street frontage of the Battlefield School property is very significant to the neighbourhood for its aesthestics, wind buffering, summer cooling effect, and the wildlife habitat it provides. This grove has grown in importance to the neighbourhood as the mature trees which lined the street until recent decades were removed and not replaced by the applicant. In keeping with the Region's Policy Plan objectives of protecting the environment and conservation of natural resources, this grove should be retained instead of being turned into parking 34 spaces. Neighbourhood residents have advised the Applicant of the importance of these trees to providing the benefits the Applicant publicly acknowledges in its own public communications. 35 5) The proposed Zoning by -law amendment is not in conformity with the City of Niagara Falls' Historic Drummondville Community Improvement Plan, October 2006 (CIP): http:// www. niagaraf 'ails.ca /pdf /husiness /cip /main- and - ferry /drummondville- cip.pdf The subject lands are within the Historic Drummondville CIP Area. This Area was identified as a "General Area for Community Improvement" in Appendix V to the Official Plan. The Zoning by -law amendment application is contrary to both the spirit and the letter of the CIP. A) Background: The Historic Drummondville CIP area was, until the last few decades, a thriving, prosperous area. As the commercial area began to decline, the adjacent residential neighbourhoods began to suffer too. By the time the CIP Study was carried out in the middle of the last decade, lower order retail and service uses such as bars, pawn shops and tattoo parlours were proliferating in the commercial area. The single detached housing on adjacent residential streets, Barker especially, was being carved up into multi- family units housing lower income tenants who supported the lower end commercial uses. As the CIP program began to slowly transform the commercial area, new owners began to invest in single detached homes on Barker and to invest in improving its character housing stock. Barker has been becoming, in real estate parlance, "progressive." Given the extensive financial commitments and investments the Main & Ferry BIA has made as the City's partner in revitalizing the area, it is neither good faith nor good planning to veer from the CIP plans which have produced positive momentum thus far. The Barker street lands, including the subject property, that are part of the CIP area are far too important to the 36 overall plans in the CIP to risk deviating from the course mapped out. The socio- economic health of the abutting neighbourhoods is important, too, in assisting the revitalization of the commercial area. If the higher order retail and service businesses envisioned are to serve customers living in the surrounding neighbourhoods, those niehgbourhoods must contain the necessary proportion of residents of sufficient means to be able to support the higher order services. The current residential mix needs to change — but in a different direction that that toward which the current proposal leads. B) Revitalization: Goals, Achievements, and the Obstacles the Zoning by -law amendment application presents: The Historic Drummondville Community Improvement Plan (CIP) discusses "defining a new direction for Historic Drummondville" and "making land use and infrastructure decisions to assist in the revitalization of Historic Drummondville." (p. 5) The land use decision for the property in question will either "assist in the revitalization" and support the "new direction for Historic Drummondville," or it will undermine the revitalization and further entrench the problems which caused the applicant and area businesses to invest in the CIP study and subsequent CIP related grants and other programs. The Historic Drummondville CIP references Section 28(1) of the Planning Act: a "community improvement project area" is defined as "a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason ". (P. 5) At the Open House the applicant held on March 22, 2012, several residents identified overcrowding as an existing issue on this particular street segment. The proposal to add 30 more low- income apartments to an already overcrowded street segment is not a land use proposal that will assist in the revitalization of the CIP area. 37 Bert Watters, a 40+ year resident of the particular street segment reported, at the March 22, 2012 Open House, five Large apartment complexes, 14 "apartment houses" with 2 -5 rental units per house, and only 25 single dwelling houses. The author's own count is five three -story apartment buildings, 7+ duplexes, 8+ triplexes, and at least one foie- -plex. All this on one short non - arterial block. As the author noted at the March 22, 2012 Open House, the excessive density and very large proportion of rental units on this particular street segment have rendered it, in the eyes of many citizens, an undesirable place to live. An influx of low - income tenants in recent decades assisted in rendering an impression of the neighbourhood as undesirable. Adding 30 more apartments to this particular street segment, increasing the overcrowding even further, is not going to make the neighbourhood a more desirable place to live. The application does not propose a land use that will assist in the revitalization of Historic Drummondville. Further intensification cannot be accommodated on this particular street segment, given the intensive residential uses already existent here, and the accompanying problems the present overcrowding have brought. Further residential intensification for the area should be directed to where it can be accommodated and where it is planned for the Drummondville Node as per OPA 94. The residential intensification for the area is to be directed to more suitable lands nearby as per the Historic Drummondville Height Strategy: http://www.niagarafalls.ca/pdf/planning/growth- management- study1february- 2011-drummondville- node - height.pdf That is the Smart Growth planned for the Historic Drummondville CIP area. Intensification for the Historic Drummondville CIP area has been formally contemplated and has directed it to locations within that CIP area where it can be accommodated. This particular street segment, which has already received more than its fair share of intensification, is not one of them. Growth should be managed by directing intensification to the areas of Historic Drummondville intended to receive such intensification. This 38 particular street segment has received enough already. It needs an opportunity to recover. At the April 12, 2012 Open House, Barker Street resident Derek Weston, who purchased a "dump" a few years ago and has transformed it into a handsome home, advised the applicant: "I will leave if this goes through. The new money coming into the neighbourhood will leave. We will stop investing. My place was a dump when I purchased. I'm employing locals to do the work on my house — for example, a welder up the street. I bought the house because I saw others investing around it — nice - looking properties across the street. I will have no incentive to stick around and put more money into my property." The current proposal, by discouraging (as evidenced above and by similar comments made privately by neighbours) further private investment on the street, will damage the financial well -being of the area directly and the municipality indirectly. The CIP references also "Places to Grow, the Growth Plan for the Greater Golden Horseshoe (GGH), ... [which] provides a framework to build stronger and more prosperous communities through the better management of growth." (p.'7) The residents of Barker Street, owners and engaged tenants alike, are requesting better management of growth. They realize that the Historic Drummondville community will be stronger and more prosperous if the balance between single detached dwellings and apartments on this street is not further distorted by the introduction of 30 additional apartments to a block already suffering the burdens of an inadequate housing mix. The CIP cites the Province's Greater Golden Horseshoe (GGH) policy that municipalities should "Direct growth to built -up areas where the capacity exists to best accommodate the expected population." The capacity to best accommodate the expected population is not found, within this CIP area, on Barker Street. That is why the City planners, in their wisdom, developed the Historic Drummondville Height Strategy referenced above to accommodate future population growth in within the CIP area. 39 The CIP also references The Region's Smart Growth initiative and its 10 principles, which include: Offer a range of housing opportunities and choices (p. 7) The residents of Barker Street — both owners and engaged tenants - are asking the same thing: Offer here, on this particular street segment in the CIP area, a range of housing opportunities and choices. Range in the housing mix does not exist currently. Adding 30 more apartment units to a street on which residents live predominantly in apartments would be at odds with that Smart Growth principle. A high proportion of the original housing stock has been converted to duplex, triples, and fourplex use (Mr. Watters' observations suggest there is even a fiveplex). Many of the multiplexes conversions were illegal. Although the applicant's representative, Bob Bolibruck, suggested at the March 22, 2012 Open House meeting that one only need notify the City to have such illegal uses "taken care of," the reality has been vastly different. Complaints about illegal conversions have been known to go unaddressed for over a decade. In other instances in this municipality where similar illegal conversion have been addressed as the result of a complaint, the owner was forced to file a Zoning By -law Amendment application. Almost totally without exception, the approval was given, and the overdevelopment was allowed to continue. Residents on this particular street segment have not been given the opportunity to oppose the cases of illegal overdevelopment. One of the duplexes currently on the street was purchased and reconverted by the author, from an illegal triplex, after many years of complaints to the City about issues with the property (including noise, property standards and the existence of the illegal unit) went unresolved. There are five three - storey apartment buildings on this particular street segment, in addition to an excess of formerly single detached dwellings converted into rental units. The range of housing stock on this particular street segment is top -heavy with lower -end apartment rental units. The goal of offering a range of housing opportunities and choices will not be furthered by adding 30 non - profit apartment dwellings. 40 The housing stock in the balance of the CIP area offers no further variety outside of some low -rent apartments above commercial units, and rooms for let in an older motel on Ferry. The goal of offering a range of housing opportunities and choices will not be met in the CIP area by adding 30 more non - profit apartment rental dwellings on Barker. The majority of people who live on this particular street segment live in multi - family dwellings. The majority of the residents of this particular street segment are tenants. The occupant - owners of the single detached residential properties are the source of the significant investments on this particular street segment. These single detached housing owners have been the source of the progressive momentum on the street in the last few years, since the CIP was adopted. The proportion of single detached housing stock on the street, however, has been in severe decline. The current proposal would have a significant impact on this ratio. Some single detached homeowners on the street have already expressed disinterest in remaining or continuing planned investments should the housing mix imbalance become further exaggerated. It is not just homeowners who recognize this particular street segment is already overdeveloped and has a marked imbalance in the housing mix: The author owns the property immediately to the east of the subject property and is currently renting it as a duplex. Both tenants are good, stable, long -term tenants. Both tenants have expressed dismay over the Zoning by -law amendment application. One tenant has submitted an email advising that if the current application is approved he will leave immediately. The author has invested a great deal of money to improve this property, and has worked hard to secure good tenants for it. Again — progressive momentum within the CIP area is at risk from the ill- conceived redevelopment proposal. Good tenants don't want to live in overcrowded neighbourhoods. Increasing the number of apartments on this section of Barker by another 30 will not only be a disincentive to further private investment, it will also discourage and drive away good tenants. Again — this runs counter to the goals of revitalizing the CIP area. 41 The CIP specifically speaks to addressing, within the Historic Drummondville Area, "Regional strategy, with a focus on ... Promoting revitalized and renewed downtowns ... Offering a range of housing types and tenures for people of all income levels in each neighbourhood ... Fostering attractive neighbourhoods with a high quality of design ... Respecting historical buildings and areas." - Promoting revitalized and renewed downtown: The businesses in the Main & Ferry area have made significant investments in revitalizing and renewing this downtown area (formerly the seat of the Village of Niagara Falls and Stamford Township municipal offices). The owners of the single detached homes on this particular street segment have been responding by making investments in their housing stock. The relationship between the commercial area on Main Street and the abutting residential areas is symbiotic. When one flourishes, the other does also. When one falls, the other is impeded as well. A significant increase in the proportion of multi - residential dwellings on the street, where single - detached units are already significantly outnumbered, will discourage further investment and impede the momentum to revitalizing and renewing the area. - Offering a range of housing types and tenures for people of all income levels in each neighbourhood: The median range of housing type and tenure on this particular street segment is lower- income month -to -month apartment rentals. The median income of current Barker Street residents is in the low end of the income scale. This section of Barker Street has been flagged by Early Years planners as being an area where high proportions of "at risk" children can be found. 42 Adding another 30 units of low - income month to month rental apartments to the mix will not further the goal of "offering a range of housing types and tenures for people of all income levels in each neighbourhood." In fact, it will produce the diametrically opposite effect. More occupant - owned dwellings, not fewer, are needed to provide the mandated mix. - Fostering attractive neighbourhoods with a high quality of design: The stated goal of "Fostering attractive neighbourhoods with a high quality of design" is incompatible with forcing more month to month rental units for residents at the lower end of the income scale onto the street - especially since the proposal involves retrofitting a modern building of low design quality which is substantially at odds with the character of the rest of the building stock on this particular street segment. The majority of the properties on this particular street segment feature buildings erected in the Victorian and Edwardian periods. This section of Barker was part of the Village of Niagara Falls (known previously, for a very short period, as Drummondville). The goals of "Fostering attractive neighbourhoods with a high quality of design" and "Respecting historical buildings and areas" would be achieved by encouraging investment in renewing and revitalizing the character housing stock on this particular street segment. This character housing was built to last and features details (such as wide chestnut trim and leaded glass) no longer available, in new housing, except in luxury homes. Private investment in renewing and revitalizing the high design quality heritage building stock is being made by the resident - owners of the single detached homes on this particular street segment. Good tenants who take pride in their surroundings and new investors have indicated an unwillingness to remain in the area if further overcrowding and imbalance in the housing mix occurs. Decreasing the already small 43 proportion of such residents will not further, but will instead impede, the goal of "fostering attractive neighbourhoods." - Respecting historical buildings and areas: The Zoning by -law amendment application is contradictory to the stated goals of "Respecting historical buildings and areas" due to the cultural heritage significance of the subject property - especially given the location of the path of advance of the U.S. 21st Infantry in the pivotal minutes of the Battle of Lundy's Lane. Another goal highlighted on p. 10 of the CIP is: "Promote well - designed infill, intensification and redevelopment that will effectively ... strengthen the existing community fabric." The current proposal conflicts with that goal as well. Adding another 30 units of low - income month to month rental to a mix where the proportion of single detached resident -owned dwellings is dangerously low will not further the goal of strengthening the existing community fabric. The strength in the existing community fabric on this particular street segment lies in the several families whom have owned their homes here for three decades or more. They and several more recent single detached arrivals have provided the strength that has kept this particular street segment from sliding into further decay. These same householders have also contributed significantly to its revitalization momentum. Overwhelming this small but hitherto dedicated owner- resident base with another 30 rental units will not effectively "strengthen the existing community fabric." It will instead have the opposite effect. Based on the civic involvement and investment record of this particular street segment, accomplishing the goal of strengthening the existing community fabric will require more single detached homeowners - not a reduced proportion. 44 If the goals of "fostering attractive neighbourhoods with a high quality of design," "respecting historical buildings and areas," nd "strengthening the existing community fabric" are to be achieved, prevention of further erosion of the proportion of single family detached dwellings in this particular street segment's dwelling mix is required. The Zoning by -law amendment application proposes the opposite. The CIP cites the definition of "community improvement areas as generally older areas of the municipality that show signs of building deterioration and general lack of property maintenance." (p. 11) As noted above, it is the small owner- resident base on this particular street section that has a civic involvement and investment record. This small but hitherto dedicated base has stood against the building deterioration and general lack of property maintenance around it. If community improvement in this defined CIP area is indeed a goal of the municipality, then the proportion of such occupants in the overall occupant mix on this particular street segment needs to be increased, not decreased. "Inadequate parking facilities" as noted on p. 11 of the CIP is another problem on this particular street section. No parking is permitted on the south side of the street, although visitors to the five apartment buildings violate the by -law on a regular basis due to inadequate provision of parking facilities. When this occurs, even in temperate months, it becomes difficult for operators of larger vehicles to pass due to the narrowness of the roadway. This is one of the problems arising from the excessive density already on the street. The proposal to add another 30 residential units to this particular street segment will only exacerbate existing problems. C) Specific Directions in the CIP: The CIP also highlights: `The Official Plan states that the designation of Special Policy Area "10" is representative of the Drummond Hill area of Lundy's Lane. This area contains historic significance as the location of 45 the Battle of Lundy's Lane in the War of 1812. It is intended that the lands in this area will be protected and preserved to commemorate the Battle of Lundy's Lane (S. 14.10). (p. 21)' The applicant has purchased other lands in the area, ostensibly for battlefield park purposes, which did not see the significant troop movements the subject property did. (Reference the empty grassed lot on the northern side of Buchner Place at its eastern end, where formerly stood a well -kept house until the applicant purchased it and ripped it down for no apparent reason; and the large, also well -kept, triplex turned by the applicant into a little -used parking lot on the east side of Drummond at the foot of Ker. Both properties contained viable housing units that the applicant purchased and demolished at its own expense.) The above -noted properties were peripheral to the Battle, so it is indeed perplexing that the applicant proposes to leave a redundant building intact on a far more worthy and important property which holds potential to attract U.S. visitors because of the important movements of their troops which occurred there. The CIP notes: "The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct." (p. 34) The subject property was specifically included in the CIP Area for a specific reason. The Zoning by -law amendment application conflicts with that purpose. The role assigned the adjacent residential properties speaks to the importance of maintaining a strong foundation of residential investors willing to protect the heritage character of the building stock. Excessive density will discourage such investors. 46 The CIP elaborates: 6.1.3 BATTLEFIELD PRECINCT The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. it is intended that the site of the Battle of Lundy's Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long -term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street. In order to properly protect and conserve the key heritage features, and to provide for the development of linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long -term availability for reuse. Highlights of the above: high profile, interpretive tourist attraction connected to and reinforces the revitalization of Main Street celebrated in a manner that recognizes the national and international significance tying it to the historic core of Drummondville development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area building a cohesive precinct 47 providing pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street properly protect and conserve the key heritage features provide for the development of linkages and interpretive facilities The CIP study was competed long prior to the closure of Battlefield School but nonetheless noted: The proposed land use designation and zoning changes will provide a land use regime on the lands in proximity to the Battlefield site that will ensure the long -term protection of these lands from inappropriate development and will provide for the future development of the precinct as a historic cultural destination. (p. 41) Two important principles to highlight are: - ensure the long -term protection of these lands from inappropriate development - future development of the precinct as a historic cultural destination The path of the U.S. 21st Infantry's advance in the pivotal minutes of the Battle of Lundy's Lane is key to the future development of the precinct as a historic cultural destination. It is important to the attraction of the cultural destination for U.S. visitors. The long -term protection of the path of that advance from inappropriate development is essential. Figure 7.6 — Open Space Network (p. 52) shows the east side of Battlefield School property and the sidewalk in front of the residential properties to the east of the school as a potential linkage between the battlefield and the Farmers' Marketplace and BME Church on Peer Street. 48 Figure 7.6 — Open Space Network The Zoning by -law amendment application proposes that the wide avenue to the east side of the now - redundant school building, envisioned as a potential pedestrian linkage, become a driveway to the rear parking area to be created for the development. Pedestrians and motor vehicles sharing the same space does not represent good planning. 49 The applicant proposes to retain a walkway at the western boundary of the subject property. That space, however, is narrow and not inviting. No matter where the proposed pedestrian linkage would be developed, the proposal to create apartments in the now - redundant school building creates a land use conflict: It is not good planning to provide a dense residential development, with an extreme lack of private amenity space, and then invite members of the traveling public to troop past the building's residential occupants' units, only a few feet away, at any hour of the night or day. Would you want to live in such a place? The CIP, on p. 51, discusses: 7.2.5 PUBLIC SPACE, NODES AND LINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces link the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas. Further, the CIP, on p. 80, provides: C. URBAN DESIGN GUIDELINES 2. Fund a study to create pedestrian linkages between the Vintners' Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. The inclusion of pedestrian linkages concept in the Urban Design Guidelines speaks to the importance the CIP authors ascribed to the development of such linkages. It is reasonable to suggest that the cost of the impending study could be avoided by simply returning the redundant school building to green space and creating a quality accessible addition to the Historic Drummondville open space network thereon: The pedestrian linkage would be in place. 5Q The opportunity to strengthen Historic Drummondville by improving the quality and accessibility of its parks and open space network lies before us. Open spaces to link the neighbourhood while enhancing the public realm, intended to be developed as a cultural tourism destination, would be consistent with PPS and GGH directives such as: "The GGH is blessed with a broad array of unique natural heritage features and areas, irreplaceable cultural heritage sites, and valuable renewable and non - renewable resources that are essential for the long -term economic prosperity, quality of life, and environmental health of the region. These valuable assets must be wisely protected and managed as part of planning for future growth." The Zoning by-law amendment application demonstrates further inconsistency with the PPS by neglecting to pursue its directives regarding long -term economic prosperity: 1.7.1 Long -term economic prosperity should be supported by: a. optimizing the long -term availability and use of land, resources, infrastructure and public service facilities; f providing opportunities for sustainable tourism development; The Zoning by-law amendment application trashes a prime opportunity for building sustainable tourism development: Open spaces linking the neighbourhood while enhancing the public realm could capitalize on the historic connectivity between the Lundy's Lane Battlefield and the BME Church nearby on Peer Street. The Church, like the battlefield, is a National Historic Site. It is also a popular Underground Railroad / Freedom Trail tourism stop. The church's establishment was an outcome of the picnic the local Black community held on the Lundy's Lane battlefield on the first anniversary of 51 the battle. There was a large Black community in Niagara by 1812. Niagara was a significant settling point for many whom had escaped slavery in the U.S. Many fought for Britain in the War of 1812. The Freedom Trail website - http_// www. freedomtrail .ca/niagara_falls/bme.html - describes the Church's connection with the Lundy's Lane Battlefield thus: The history of the British Methodist Episcopal Church in Niagara Falls, Canada dates back to 1814. The church was originally a Methodist Mission where members of Niagara Falls' Black community gathered together to worship. The first meeting of the Mission's congregation took place on the former battle grounds of Lundy's Lane, a sign of the communities commitment to their newly adopted homeland. A grove of mature trees - firs, chestnut, etc — has stood for many decades immediately adjacent to the south wall of the modern school. This ambient shady spot holds great potential to become a Celebration Place for Underground Railroad / Freedom Trail visitors. The provision of picnic amenities (tables, garbage receptacles) would allow Underground Railroad / Freedom Trail visitors to picnic on the battlefield, just as the Black community did in 1815. With the redundant school building removed and the space opened, the spot would command a fine view - from the U.S. perspective - of the heights on which the British guns were placed. This would provide another commemorative and learning opportunity, fostering greater awareness and understanding of the importance of the War of 1812 in our history among Canadians and Americans alike. The CIP, on p. 74 notes: "One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville .... A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. 52 "The purpose of the Municipal Leadership Strategy (MLS) is to set the framework for the City to provide support and leadership on revitalization and redevelopment initiatives in Historic Drummondville. The recommended actions in the MLS represent a Tong -term strategy on the part of the City to focus its efforts and financial resources on public sector investments and actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville." While continued private sector investment on Barker Street is jeopardized by the current proposal, municipal leadership could, alternately, provide proactive support for the revitalization of Historic Drummondville while capitalizing on sustainable tourism development opportunities. A better focus of efforts by the City, as proposed in the MLS, is required to retain the current momentum. That same better focus of efforts could provide catalysts for sustainable tourism development spreading benefits well beyond the boundaries of the Historic Drummondville Area. The CIP advises, on pp. 74 -75: As per Sections 28(3) and 28(6) of the Planning Act, once a Community Improvement Project Area has been designated and a CIP is approved, a municipality may: c) Sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan. A key consideration is that the treatment of any lands acquired or held by the municipality must be "in conformity with the community improvement plan.° That community improvement plan calls for the applicant to, among other things: 53 Improve regional self - reliance through Tong -range economic development planning and economic diversification [including] the creation of tourism development opportunities Offer a range of housing types and tenures for people of all income levels in each neighbourhood Promote well- designed infill, intensification and redevelopment that will effectively ... strengthen the existing community fabric Protect the character and identity of the overall neighbourhood Build stronger and more prosperous communities through the better management of growth Foster attractive neighbourhoods with a high quality of design Respect historical buildings and areas Furthermore, on p. 76 the CIP discusses another key economic development directive: Municipal Leadership Strategy (MLS) o) Market Historic Drummondville as a viable bed and breakfast district to owners and operators of existing bed and breakfast operations in the Niagara Region; This economic development directive appears again later, on p. 83 of the CIP: E. MUNICIPAL LEADERSHIP STRATEGY 12. Market Historic Drummondville as a viable bed and breakfast district. It is noted, in the CIP, that of the Regional Policy Plan Objectives: 'Your are of particular relevance to this CIP." One of these is: `To improve regional self - reliance through long - range economic development planning and economic diversification [including] the creation of tourism 54 development opportunities." The Regional Municipality of Niagara, commenting on a recent planning application for a bed and breakfast at a property not far removed from the subject property (AM- 2011 -016), noted that a bed and breakfast is "consistent with Provincial and Regional policies as it provides for tourist and hospitality uses that support strong urban economies." Bed and breakfast operations are particularly successful in heritage housing stock and, most especially, in housing stock that is designated under the Ontario Heritage Act or listed on an approved heritage resource inventory. As the same Applicant noted in the Executive Summary for the AM -2011- 016 Planning report: "Using a heritage dwelling as a tourist home can assist in maintaining it." Two of the Barker Street properties to the east of 6015 Barker and, like it, within the CIP boundary, are listed on an approved heritage resource inventory. A successful Bed and Breakfast industry has indeed been establishing in the area. There are already three bed and breakfasts in Victorian buildings on the section of Culp Street to the south of this particular street segment. The property at 5993 Barker, which directly abuts the subject property on two sides, features a large Victorian home built by notable 19th century landowner, developer and builder Henry Spence. Another property in the municipality built by Henry Spence has already been designated under the Ontario Heritage Act. The property at 5993 Barker was Spence's final home, constructed by him following many decades of crafting his expertise. Its interior contains decorative features identical to some formerly found in the historic Loretto Academy (celebrated in the internationally published bestselling novel The Day The Falls Stood Still). The property at 5993 Barker is listed on the City's Municipal Register of Heritage Properties. A designation request made some time ago was given 55 the blessing of the Municipal Heritage Committee. The owners are considering future economic development of this property as a B &B. They are seriously concerned about the viability of this plan should an apartment use be established on abutting lands, adding to the existing overcrowding on the street and undermining the revitalization achievements. One of the owners of the property at 5993 Barker also owns the property at 6007 Barker, immediately adjacent to 6015 Barker. Plans have already been drawn up for the future conversion of the 6007 property to a B &B operation to be known as `Battlefield House." The creation of an apartment building immediately adjacent to this property would impede its contemplated future use as a B &B operation. The addition of an additional 30 apartment units where such an addition cannot be accommodated would be a strong disincentive to intended future commercial operations of the very type identified as of particular relevance, in this CIP area, to long -range economic development planning and economic diversification. The creation of tourism development opportunities would thus be further stymied. It is rather interesting that the CIP identifies, on p. 20, the Official Plan as seeking "to protect the character and identity of the overall neighbourhood (S. 1.2.3) in the case of a B &B application." By extension, it would be advisable "to protect the character and identity of the overall neighbourhood" by refraining from adding so much density that B &B operations could be not contemplated for adjacent lands, where such are intended to go, with any reasonable chance of success. The CIP also specifically references another of the 10 principles of "The Region's Smart Growth initiative: Encourage community stakeholder collaboration." (p. 8) The owners of the single detached homes on this particular street segment have embraced the momentum that the CIP and investments by Main & Ferry businesses have brought to the area. Some had participated in the CIP study, and welcomed that opportunity to collaborate as community stakeholders. 56 They welcome the same opportunity to collaborate as community stakeholders on the future uses of the historically significant subject property. They have expressed willingness to fundraise and pursue federal and other funding for a proposal which will further the goals of the CIP and the PPS instead of threatening (as the Zoning by -law amendment application does) to undermine planned investments in the area. The CIP provides (p. 70) some Targeted Improvements that are of especial pertinence here: TARGETED IMPROVEMENTS B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to "Open Space ". (OP Amendment) 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to "Open Space Zone (OS) ". (ZBL Amendment) It is especially important to highlight the direction given for the subject property in the Land Use "Targeted Improvements ": 5. Redesignate lands associated with ... Battlefield Public School to "Open Space ". 57 (OP Amendment) 6. Rezone lands associated with ... Battlefield Public School to "Open Space Zone (OS) ". (ZBL Amendment) It is important to note that there are buildings and other structures on the lands associated with the Battle Ground Hotel Museum and with the Drummond Hill Cemetery. Nonetheless, the Battle Ground Hotel Museum and the Drummond Hill Cemetery are recommended to be redesignated to "Open Space" and rezoned to "Open Space Zone." The intent of the Land Use Targeted Improvements clearly appears to be to redesignate and rezone the lands as recommended irrespective of whether there are currently buildings thereon. The Zoning by -law amendment application is directly contrary to the Land Use Targeted Improvement directives contained in the applicant's Historic Drummondville Community Improvement Plan. Note: It is also interesting to note what The Planning Act, as last amended 2011, has to say about Community Improvement Areas: http :l /www.e- laws.gov.on.calhtml /statutes /english /elaws statutes 90013 e.htm #BK46 28. (1) In this section, "community improvement" means the planning or replanning, design or redesign, 58 resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefore, as may be appropriate or necessary; "community improvement project area" means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. Acquisition and clearance of land ai When a by -law has been passed under subsection (2), the municipality may, (a) acquire land within the community improvement project area with the approval of the Minister if the land is acquired before a community improvement plan mentioned in subsection (4) comes into effect and without the approval of the Minister if the land is acquired after the community improvement plan comes into effect; (b) hold land acquired before or after the passing of the by -law within the community improvement project area; and (c) clear, grade or otherwise prepare the land for community improvement. R.S.O. 1990, c. P.13, s. 28 (3); 2001, c. 17, s. 7 (3). Powers of council re land (6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may, (a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto; (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan. R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6). Grants or loans between upper and lower -tier municipalities (7.2) The council of an upper -tier municipality may make grants or loans to the council of a lower -tier municipality and the council of a lower -tier municipality may make grants or loans to the council of the upper -tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the 59 making of such grants or loans. 2006, c. 23, s. 14 (8). Conditions of sale, etc. (10) Until a by -law or amending by -law passed under section 34 after the adoption of the community improvement plan is in force in the community improvement project area, no land acquired, and no building constructed, by the municipality in the community improvement project area shall be sold, leased or otherwise disposed of unless the person or authority to whom it is disposed of enters into a written agreement with the municipality that the person or authority will keep and maintain the land and building and the use thereof in conformity with the community improvement plan until such a by -law or amending by -law is in force, but the municipality may, during the period of the development of the plan, lease any land or any building or part thereof in the area for any purpose, whether or not in conformity with the community improvement plan, for a term of not more than three years at any one time. R.S.O. 1990, c. P.13, s. 28 (10). F- 2012 -16 Niagarapalls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2012 -16 2012 Municipal Utility Budget RECOMMENDATION 1. That Council approve the City's 2012 Municipal Utility Budget and the water and sewer rates for 2012 as outlined in the attached rate schedule (Chart 3). 2. That Staff revisit the merits of a new rate structure upon completion of the Niagara Region's Water and Wastewater Service Delivery Review. EXECUTIVE SUMMARY The Municipal Utility Budget consists of two independent components, a water budget and a wastewater budget, with rates established independently for each service. Staff recommend that both the total volumetric rates and fixed service charge remain at 2011 amounts. Staff are recommending minor adjustments in the variable rates so that the water volumetric charges increase to $0.9203 per cubic meter while the wastewater rate is reduced to $0.9989 per cubic meter. These changes result in the combined volumetric rate remaining at $1.91911m3 . The primary reason for the increase in volumetric water rates is an increase factor of unbilled water due to water loss. The primary reason for the decrease in the wastewater rates is that the wastewater rate stabilization reserve has achieved its target and provision for this is no longer needed. The Region of Niagara has approved their 2012 rates for the delivery of water and the treatment of waste water. The Region accounts for approximately 57% of both budgets. The Region decreased the City's water input charges by 1.2% on the variable portion of the charge and increased the fixed portion of the bill by 3.4 %. On the wastewater side, the Regional levy is a fixed amount based on historical flows and was increased by 2.16% from 2011. The Region has engaged a consultant to review the structure of water and wastewater delivery in the region. This has progressed despite serious reservations expressed from all lower tier municipalities regarding the scope of the engagement. At the present time, NPEI provides water meter reading and billing services for the City. This arrangement was developed at the time of installation of residential metering system for billing. This contract has been in place for approximately 11 years. Staff are finalizing its review of the present arrangement. A Staff report will be forthcoming this summer. April 24, 2012 - 2 - F- 2012 -16 Starting in 2010, staff have reviewed the concerns raised by the public in regards to the equity in the current rate structure. Staff have initiated improvements to the operations. These initiatives include inspecting and replacing older large volume meters as required, review the meter issuance procedures during building permit application to ensure meter purchases are consistent with expectant values. Each of these actions is ongoing and the full benefit of each has not been realized but should be completed before altering the rate structure. These initiatives will coincide with the review undertaken at the Region, on service delivery model. At this time, we do not recommend altering the structure. BACKGROUND The Municipality develops an annual operating budget for the operation of its water and sewer distribution systems. The City is dependant upon the Region of Niagara for the supply of potable water and the treatment of wastewater. The City has responsibility to bill its residents for the use of both water and wastewater. The user fees consist of both a fixed and variable charge. The City's variable charge is based on the cost charged by the Region for potable water and for the treatment of sewage. The City's fixed meter charges recover the City's operating costs and capital spending. Significant debate has occurred over the last few years on the rate structure both at the Regional level and at the City level. The debate has centred on the fairness of rates and this discussion has centred on the appropriate mix between volumetric charges based on usage and fixed charges. At present the Region charges municipalities a fixed annual charge based on historical flows for sewage treatment while forwaterthe charges are 25% fixed and 75% variable. The variable rate charged is uniform per cubic meter rate for all municipalities. Three primary factors are driving the debate. Firstly, both the Region and the Municipality must raise enough revenues to meet the annual commitments and as such the user charges must be reflective of all input costs. At the Regional level the volume of water sold to the area municipalities is less than it was a decade ago as residents demand has fallen due to reduced consumption in the manufacturing sector and water conservation initiative. This has negatively impacted rates charged to the municpalities as the reduced volumes increase the rates charged as the Region indicates its costs are mostly fixed. At the City level, water purchased from the Region has worked in the opposite direction as the water purchased has increased. Secondly, operating and capital costs of the system at both the regional level and at the municipal level have risen in the last decade. Thirdly, at the City level, the debate has been focussed on the equity of the fixed charges based on meter size. The Region of Niagara has approved their 2012 rates for the delivery of water and the treatment of waste water. The Region's methodology of billing water and sewer to the lower tier municipalities remains the same as it did in 2011. In respect to Water charges, the Region collects 75% of their billings to lower tier municipalities through a variable volumetric rate, while 25% would be collected through a fixed charge. The volumetric rate charged for water was reduced to $0.535 per cubic meter from $0.541 or 1.1 % while the fixed charge for the City of Niagara Falls has increased from $2,735,508 to $2,828,589, an increase of 3.29 %. The fixed wastewater charge from the Region has been increased to $11,985,538 from $11,726,435. Staff has incorporated the Regional rates into the City's volumetric rates. April 24, 2012 - 3 - F- 2012 -16 ANALYSIS /RATIONALE As the Municipal Utility Budget consists of two independent parts, the water budget and the sewer budget, the analysis will address each of these independently. As indicated the present rate structure consists of two volumetric rates, one for both water and waste water and two fixed monthly service charges, again for both water and waste water. Volumetric Rates: There are two volumetric rates charges based on the amount of water purchased and sold in a year. 2012 - Volumetric Rate Charges - Water There are five factors which impact the volumetric rate. 1. The Regional price increase is a direct product cost and is incorporated into the variable rate. As stated the Region charges the City based on a 75 -25% split between variable and fixed rate. The fixed rate has increased by 3.4% while the variable rate decreased by 1.2% from 2011. The impacts of the pricing impacts will be dependent on the assumption made with respect to water volumes purchased and sold. 2. The estimated volume that the City will purchase from the Region. The volume of water sold to the City by the Region increased in 2011 by 1.2% or 198000 m /3. This trend for the municipality is contrary to the findings across the Region wherein water flows are decreasing. This is consistent with the increased assessment and development the City has experienced. As a result staff are projecting that water purchases will remain the same in 2012. Staff have used last year's volume to determine the estimated purchases for this year. 3. The estimated volume that the City will sell to its users. The volume of water sold by the City to its users increased marginally in 2011. This indicates that the percentage of unbilled water has increased. 4. The un- billed water volumes. Un- billed water can be defined as the percentage of water that is not billed by the City but has been purchased from the Region. The actual billed percentage was 79% or water purchased, which was less than the three -year factor of 80% used in the determination of the volumetric rate for 2011 For 2012, staff have used a factor of 78.5% in the determination of the volumetric rate. The inspection program of commercial meters has taken longer than anticipated and staff are cautiously optimistic that this program will reap benefits in 2012. For the purposes of the 2012 budget staff used a lower factor thus resulting in an increase in the variable rate. 5. Transfers to Reserve for Rate Stabilization. In 2006, BMA provided staff with recommendations on an appropriate amount of reserves that should be established for rate stabilization. The amount recommended was in the range of 5 -10% of gross expenditures. The total expenditure proposed in 2012 is $20,726,072. A target amount for a reserve is between $1,000,000 and $2,000,000. At the end of 2011 the reserve for water rate stabilization was approximately $550,000. In 2011 an amount of $261,200 was included in the determination of the volumetric rate. A transfer to reserves was not possible due to the impacts of the unbilled water April 24, 2012 - 4 - F- 2012 -16 volumes. A similar amount of $261,200 is included in the 2012 rate structure. As indicated, staff are confident that the bypass and backflow prevention inspections of existing commercial meters will improve the quantity of water billed and that year end reserve transfers will be possible. 2012 - Volumetric Rate Charges - Waste Water There are three items which impact the volumetric rate. 1. The Regional waste water allocation is a 100% fixed cost and is billed through the City's variable rate. The fixed charge increased by 2.16% from 2011. 2. The estimated volume that the City will sell to its users. The volume of water sold impacts the revenues generated for waste water since residents are billed the wastewater based on the water consumed. The quantity of waste water billed increased by 2.1% year over year. In 2012, staff have used the same volume as in 2011. Staff's initiative to inspect and replace older meters will have a positive impact on future years' rates, since waste water revenues are derived from water meter readings. Wastewater flows are also impacted by weather conditions which have no direct correlation to water consumption. 3. Transfers to Reserve for Rate Stabilization. . In 2006, BMA provided staff with recommendations on an appropriate amount of reserves that should be established for rate stabilization. The amount recommended was in the range of 5 -10% of gross expenditures. The total expenditure proposed in 2012 is $20,970,366. A target amount for a reserve is between $1,000,000 and $2,000,000. At the end of 2011 the reserve for water rate stabilization was approximately $1,810,000.1n 2011, an amount of $477,809 was included in the determination of the volumetric rate. This transfer to reserves was possible. Since the level of reserves is within the target range, staff have not included an amount in the determination of rates for 2012. A historical trend of the variable rates as well as the impact of both variable rates is shown in the chart below. Volumetric per Cubic Meters 2012 2011 $ Change Water Rate 0.9203 $0.9072 $0.0131 Sewer Rate 0.9989 1.012 - 0.0131 Total 1.9192 $1.9192 $0.0 As this shows, the overall consumption rate remains the same but there are re- allocations between water and waste water rates, a reflection of the changed input costs in 2012. Fixed Monthly Service Rates: The City's water expenditures are outlined in Chart 1. The projected net annual expenditures for the City's water operation is projected to increase by 1.1% or $95,285 to $8,608,683 from $8,513,398 budgeted in 2011. However, this increase is offset by an increase of accounts and as a result, the monthly service charges will remain the same. April 24, 2012 - 5 - F- 2012 -16 The main drivers of this cost increase include: • an increased labour and benefit cost consistent with collective agreements an increase of insurance to reflect premium increases a continued investment in capital infrastructure of $4.1M The main drivers offsetting the cost increases are: • a reduction in the transfer pricing of the fleet used in the delivery of services an increase in the number of sewer accounts a reduction in the debt payments associated with water asset infrastructure It should be noted that the reinvestment costs associated with water asset replacements is borne completely by the fixed service charges. This is the funding source for the Capital Works Budget and will remain at $4.1 M annually. As indicated, staff has prepared the 10 year capital needs report which identified that water assets require an investment of $5.23M annually and require an investment of approximately $800K for meter replacements. Staff are recommending that the sewer rebate received by the Region be established as a reserve for meter replacement to offset the latter obligation. Staff recognize that an immediate need for meter replacement exists for some older meters. Waste water The City's wastewater expenditures are outlined in Chart 2. The projected net annual expenditures for the City's water operation is projected to increase by <1.0% or $25,359 to $7,776,600 from $ 7,751,241 budgeted in 2011. Similar to water, the service charges will remain the same due to increase in number of accounts. The main drivers of this cost increase include: an increased labour and benefit cost an increase of insurance to reflect premium increases an increase in insurance claims as these costs are allocated appropriately an increased investment in capital infrastructure of $4.730M offsetting the reduction in contracted services associated with a reduction of the WRAP program The main drivers offsetting the cost increases are: • A reduction in the program costs in the WRAP program an increase in the number of sewer accounts a reduction in cost of internal transfers for fleet It should be noted that the reinvestment costs associated with wastewater asset replacements is borne completely by the fixed service charges. This is the funding source for the Capital Works Budget and will increase to $4.730M annually due to the reduction of the WRAP program as identified in report MW- 2012 -03. As indicated, staff has prepared the 10 year capital needs report which identified that wastewater assets require an investment of $5.74M annually and require an investment of approximately $800K for meter replacements. Staff are recommending that the sewer rebate received by the Region be established as a reserve for meter replacement to offset the latter obligation. Staff recognize that an immediate need for meter replacement exists for some older meters. April 24, 2012 - 6 - F- 2012 -16 In addition it should be noted that a charge for the debt repayment for the Garner road pumping stations is included in the expense side of the waste water budget. A corresponding 100% matching revenue is being shown derived from development charge reserve. Thus, there is no impact on users. The impact on fixed monthly charges is shown in the chart below: Combined Fixed Service Charges on 1" Meter 2012 2011 2010 Water Charge per month 21.90 $21.88 $21.88 Sewer Charge per month 20.18 20.20 20.20 Total 42.08 $42.08 $42.08 FINANCIAL /STAFFING /LEGAL IMPLICATIONS There will no impact on account holders as the rates have stayed the same from 2011. Staff recognize that additional funding will ne necessary in future budgets to address the 10 year capital needs, however staff also recognize that both the regional review and staff rate review should be completed before seeking rate increases to account holders. Council will recall that two programs exist to assist homeowners. The low income seniors rebate provide $100 rebate for qualified seniors, while the low flow sewer program provides incentives to property owners to reduce water consumption. Both programs remain in this budget. LIST OF ATTACHMENTS Chart 1 - Water - Net Service Expenditures Chart 2 - Sewer - Net Service Expenditures Chart 3 - Water and Sewer Service Rates Recommended by: Respectfully submitted: Todd Harrison, Director of Finance Ken Todd, Chief Administrative Officer CHART 1 F- 2012 -16 Monthly Fixed Rate: 2012 2011 WATER: Expenditures: Salaries and Wages WSIB, Health, Safety, Wellness Employee Benefits Long Term Debt Interest Materials Personnel Development Memberships and Conference Advertising Insurance Utilities Contracted Services Financial Expenses Long Term Debt Principal Transfers to Own Funds Internal Transfer 1,909,299 $ 15,000 454,534 2,536 375,368 27,640 5,000 27,800 116,158 27,000 1,378,800 159,000 86,336 4,100,000 194,212 1,813,642 15,000 447,338 9,504 462,292 18,000 5,000 27,486 98,500 26,000 1,344,640 159,000 116,343 4,100,000 227,153 Less: Water Stand Pipe [Tank Truck 72,000cm] Revenue $ Water Transfer and Shut -off fees Sundry Revenue Transfer from Reserve Net Service Expenditures $ 8,878,683 $ 103,000 $ 37,000 130,000 270,000 $ 8,608,683 $ 8,869,898 98,000 37,000 116,500 105,000 356,500 8,513,398 CHART 2 F- 2012 -16 2012 2011 SEWER: Expenditures Salaries and Wages $ 783,885 $ 778,087 WSIB, Health, Safety, Wellness 35,000 35,000 Employee Benefits 200,404 191,880 Long Term Debt Interest 499,966 531,127 Materials 129,635 140,000 Memberships, Professional Development 8,425 & Office Supplies Insurance 127,500 104,500 Insurance Claims 42,500 1,000 Contracted Services 1,369,000 1,845,000 Financial Expenses 224,000 224,000 Regional Fixed Charges - - Long Term Debt Principal 680,928 699,569 Transfers to Own Funds 4,730,000 4,245,000 Internal Transfers 153,585 197,426 $ 8,984,828 $ 8,992,589 Less: Sewer Lateral Cleaning $ 25,000 $ 30,000 Sundry Revenue 87,000 87,000 Transfer from Reserve 1,096,228 1,124,348 $ 1,208,228 $ 1,241,348 Net Service Expenditures $ 7,776,600 $ 7,751,241 CHART 3 Water Service Rates F- 2012 -16 Factor Meter Size 2012 2011 1 15mm $ 21.88 $ 21.88 1 16mm $ 21.88 $ 21.88 1 25mm $ 21.88 $ 21.88 3 37mm $ 65.65 $ 65.65 6 50mm $ 131.29 $ 131.29 12 75mm $ 262.59 $ 262.59 22 100mm $ 481.41 $ 481.41 42 150mm $ 919.05 $ 919.05 75 200mm $ 1,641.16 $ 1,641.16 105 250mm $ 2,297.62 $ 2,297.62 Sewer Service Rates Factor Meter Size 2012 2011 1 15mm $ 20.20 $ 20.20 1 16mm $ 20.20 $ 20.20 1 25mm $ 20.20 $ 20.20 3 37mm $ 60.60 $ 60.60 6 50mm $ 121.21 $ 121.21 12 75mm $ 242.41 $ 242.41 22 100mm $ 444.43 $ 444.43 42 150mm $ 848.45 $ 848.45 75 200mm $ 1,515.09 $ 1,515.09 105 250mm $ 2,121.13 $ 2,121.13 Water Rates: Water Consumption Rate After Due Date $0.9203 per cubic meter $0.9663 per cubic meter Sewer Rates: Service charge as set out in Section 1 Water rates as set oun in Section 2 Flat rates as set out in Sections 3 and 4 92.30% 108.53% 109.80% F- 2012 -20 Niagarraaalls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2012 -20 Regional Wastewater Overpayment Transfer to Special Purpose Reserves for Meter Replacement RECOMMENDATION That Council approve an allocation of $2,385,321 into a Special Purpose Reserve (Water and Sewer Meter Replacement Reserve). EXECUTIVE SUMMARY In 2011, the Region of Niagara completed a reconciliation of wastewater charges made by the lower tier municipalities to the Region with the actual flows incurred for the years 2008- 2010. This reconciliation resulted in the City of Niagara Falls receiving a rebate of $2,385,321 from waste water charges paid. The rebate is a result of the City's flows being lower than expected during this period. At the time the monies were received, Council requested that a report be provided on the potential uses for the funds for consideration during the Utility Budget discussions. Staff have reviewed a variety of options, and have concluded that the optimal use of the funds, would be to establish a special purpose reserve for the replacement of water and sewer meters. Functional and reliable meters are the basis for billing residents the water and sewer volumetric charges. The municipality is faced with the requirement to replace all its water meters over the next decade. This need is identified in the 10 year Capital Needs with an estimated cost exceeding $8 million. At the present time, only $42,763 exists in a reserve for this project. BACKGROUND The Region of Niagara owns and operates the water plants and waste water facilities benefiting the residents of Niagara Falls. In respect to wastewater charges, the Region charges the lower tier municipalities a fixed amount annually for wastewater treatment. The annual charge is based on historical flows. In 2011, the Region reconciled the actual flows for each of the years 2008 -2010 with the forecasted amounts and this resulted in some municipalities receiving a rebate for amounts paid. The City of Niagara Falls received an amount of $2,385,321. At the time the monies were received, Council requested that the amount be reserved and that staff prepare a report on the best use of this rebate. April 24, 2012 ANALYSIS /RATIONALE - 2 - F- 2012 -20 Staff have considered three options in respect to the use of the rebate. First, an option exists to reserve the funds for a specific program. Second, reserve the funds in a rate stabilization account. Third, refund the monies to account holders. Prior to discussing the options in depth, it is important to point out that the reduction of flows that resulted in the rebate can be attributed, in part, to the infrastructure spending that has occurred in the municipality, specifically as it relates to sewer separation projects. In addition, staff have undertaken a 10 -year capital needs review for the replacement of waste water infrastructure. The investments required to replace water and sewer assets is funded completely from the rates charged. The amount allocated in 2011 to fund sewer infrastructure repairs was $4,245,000. Preliminary estimates for annual spending needs are greater than this at $5,740,000. Similarly, the water budget includes a funding amount of $4.1 million, however, the 10 year needs has identified funding requirements of $5.23 million. The water meter replacement program is on top of both of these requirements and is estimated to be approximately $8 million total. Option 1: Water /Sewer Meter Replacement Program The City of Niagara Falls has a metered system for billing water and sewer account holders for their annual consumption. The commercial and industrial meters have been in use since the inception of the system while residential meters commenced in 2001. All of the meters will need to be replaced at some point. An opportunity exists to utilize the rebate for the establishment of a fund to replace old meters. The Municipal Works department has begun a process of inspecting all commercial meters. The meters deemed to require replacement must be funded by the municipality. At present, staff believe that many of the meters require replacement and are contributing to the increased water loss exhibited by the City. Establishing a reserve to offset these costs will have positive impacts on rate payers. Firstly, new meters will reduce water loss thus improving revenue collection thereby maintaining or reducing water /sewer rates in the future. Secondly, the rebate funds will offset the $8 million required to replace all of the meters thereby maintaining future sewer rates. As indicated, the preliminary 10- year capital needs presentation provided earlier by staff, identified that the current allocation funding water and waste water infrastructure investments is not sufficient. Option 2: Reserve in a Rate Stabilization Fund An option exists to allocate the rebate to a rate stabilization reserve. At the end of 2011, the existing Sewer Rate Stabilization fund is $1,820,615. This is about 9% of the gross expenditures of the sewer utility budget. This balance meets the target established in the 2006 BMA Study, wherein staff were advised that Rate Stabilization funds should be between 5 -10% of gross expenditures. Staff believe that utilizing the full amount of the rebate in this manner would result in the reserve exceeding the target. Staff believe that the opportunity to temporarily reserve and reinvest in meter replacement is more beneficial to the rate payers. April 24, 2012 - 3 - F- 2012 -20 Option 3: Refund Rate Payers Council has the option of returning all of the funds received to account holders. While this option may be appealing to some, the needs to replace City's infrastructure, in staff's view, exceed a one time windfall, especially since the annual allocation for capital needs is not sufficient. The refund option does not satisfy Council's Strategic Priorities to achieve infrastructure sustain ability and /or financial stability. If Council wished to pursue this option, a funding mechanism would be required, however, the simplest option would be to provide a one time grant to all account holders. This would equate to an approximate rebate of $85 per account holder. FINANCIAL IMPLICATIONS City Council is entrusted to meet the dual goals of maintaining the required infrastructure while at the same time, entrusted to maintain utility rates at reasonable levels. The 2012 budget provides no utility rate increases. The use of these funds to reduce utility rates for a one time reduction is short sighted and fails to meet the first objective. Specifically, all of the water /sewer meters will need to be replaced over the next decade. Since virtually no reserves exist for the replacement of meters, the replacement cost will need to be derived from future rate increases. The unexpected rebate is an opportunity for the City to establish a funding mechanism that mitigates the required future investment. This is a prudent financial strategy since staff have indicated that current capital reinvestment is not sufficient. In staff's opinion, Council's decision to allocate the $2.385 million rebate to reserves for specific use to replace meters is the most responsible and best use of these funds. CITY'S STRATEGIC COMMITMENT Ensure long term sustain ability of municipal infrastructure. Maintain appropriate level of utility rates and fees. Recommended by: Respectfully submitted: Ka(' Todd Harrison, Dirdctor of Finance Ken Todd, Chief Administrative Officer (4/19/2012) Dean lorfida - Drinking Water Week Proclamation May 6th to 12th Page 1 From: James Sticca To: Dean Iorfida Date: 4/16/2012 11:34 AM Subject: Drinking Water Week Proclamation May 6th to 12th Hi Dean, Could you please put on the agenda for the April 24th Council meeting, a request asking Council to proclaiming May 6th to 12th as Drinking Water Week. For more than 30 years, the American Water Works Association (AWWA) and its members including the Ontario Water Works Association (OWWA) have celebrated Drinking Water Week a unique opportunity for both water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives. This years Drinking Water Week coincides with OWWAs Annual Conference taking place May 6th to 9th at the Scotiabank Convention Centre in Niagara Falls. Celebrate this exciting week by taking time to learn more about your water and how you can protect it. This vital resource should be appreciated for what it is and preserved in its purest form for present and future generations. Make the world greener one glass at a time. Turn on the tap. Thanks, James James Sticca, C.E.T DWQMS Coordinator Environmental Services City of Niagara Falls 905 - 356 -7521 ext 6520 905 - 353 -8612 (Fax) jsticca @niagarafalls.ca (4/11/2012) Dean lorfida - Request for the use of Glenview Park for Fireworks Display, Re: Great Wolf Lodge From: To: Date: Subject: Attachments: Dear Mr. lorfida, "RedBoss Pyrotechnicians Inc." <redboss @on.aibn.com> <diorfida @niagarafalls.ca> 3/14/2012 12:52 PM Request for the use of Glenview Park for Fireworks Display, GWL Letter 2012.doc; Great Wolf Lodge Insurance 2012.PDF Please find attached a letter of request for the use of Glenview Park as well as the insurance certificate required; on behalf of Great Wolf Lodge for this seasons {2012} display schedule: Sunday, May 20th Sunday, July 1st Sunday, August 5th Sunday, September 2nd Monday, December 31st If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello Re: Great Wolf Lodge Page 1 (4/11/2012) er 2012.doc Page 1 Red Boss® Pyrotechnicians Inc. March 14, 2012 Dean lorfida City of Niagara Falls Director of Council Services and City Clerk 4310 Queen Street Clerk's Office Niagara Falls, ON L2E 6X5 Dear Mr. lorfida, We have been contracted by Great Wolf Lodge to execute their fireworks displays for this year; the dates are Sunday, May 20'h, Sunday, July 1st, Sunday, August 5th, Sunday, September 2nd & Monday, December 31st, 2012. We would like to make a request on behalf of Great Wolf Lodge to reserve Glenview Park for these dates, for the purpose of setting up and firing these displays. We would require the park from 4pm to 11 pm each day. RedBoss will be responsible for obtaining all permits through the Niagara Falls Fire Department and will also insure the city of Niagara Falls for 5 Million Dollars Liability. {Copy attached} If you require any further information, please do not hesitate to contact me. Respectfully Yours, Micheal Biancaniello CEO P.O. Box 120 • Fenwick, ON • LOS 1C0 Phone: 905 892 1806 • Fax: 905 892 2461 email redbossPon.aibn.com www redboss.ca THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the • • • • w „ PRODUCER Britton - Gallagher and Assoaates, Inc. 6240 SOM Center Rd Cleveland OH 44139 CONTACT S� PHONE POLICYEFF E -MAIL LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY . . ._.r .....- ._ . ..- . . INSURED RedBoss Pyrotechntaans Inc P O Box 120 Fenwlck ONLOSICO 0/28/2012 EACH OCCURRENCE 05 000 000 DAMAGE TO RENTED , . - 1 000 000 .■ ■ CLAMS -MADE X OCCUR MED EXP An one ..rsonl PERSONAL 8 ADV INJURY . 5 000 000 - GENERAL AGGREGATE CERTIFICATE HOLDER CANCEL ATI*N Great Wolf Lodge 3950 Victoria Avenue Niagara Falls ON L2E 7M8 Canada SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE IMTH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE A+ -- ,� (4/11/2012) Dean lorfida - Great Wolf Lodge Insurance 2012.PDF Page 1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMA D /YYYY) COVE RA GES CERTIFICATE NUMBER: 465845120 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE .. rr.R.47mlRi7 S� POLICY NUMBER POLICYEFF POLJCYEXP LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 10111345 :/28/2011 0/28/2012 EACH OCCURRENCE 05 000 000 DAMAGE TO RENTED , . - 1 000 000 .■ ■ CLAMS -MADE X OCCUR MED EXP An one ..rsonl 1 000 PERSONAL 8 ADV INJURY . 5 000 000 ■ GENERAL AGGREGATE 55 000 000 GEN'L AGGREGATELIMIT APPLIES PER ■ POLICY © aR0- ■ LCD ARODLCTS • COMP/OPAGG ', 5 000 000 $ AUTOMOBILELIABILITY ■ ■ALL ANY AUTO OWNED AUTOS AUTOS ■ : SCHEDULED AUTOS ON- OWNED A COMBINED SINGLE L,MIT BODILY INJUR" IPer •-rsonl $ BODILY INJUR" ,Per accident) $ PROPERTY DAMAGE $ '■ ESS LIA CLAIMS- MADE 11 ■■ OCCURRENCE AGGREGATE ENT • DED RE WORKERS COMPENSATION AND EMPLOYERGLIABILITY Y /N ANYPROPRIETOR /PARTPER/EXECUTIVE OFFICER/MEMBEFE0CL'JDED' (Mandatory In NH) dyes describe under DESCRIPTIONJF OPERATIONSbeIMA N /A ■ ■Ifigi Ed r. EACH ACCIDENT 5 L DISEASE- EA EMPLOYE: $ E y DISEASE POL0C' EMI 1 DESCRIPTIONOF OPERATIONS LOCATIONS/ VEHICLES (Attach ACORD 101, AdditlonalRemades Schedule, if morespace Is nquired) Dates of Venue Sunday, May 20th, Sunday, Ju y 1st, Sunday, August 5th, Sunday, September 2nd, Monday. December 31st, 2012 Time of Display Between 8 00 & 10 00 p m. Raindate within 10 Business Days or date agreed upon by both parties Location of Display Venue A Glenview Park Victoria Avenue, Niagara Falls adjacent to Great Wolf Lodge Venue B Great Wolf Lodge Property {New Years Eve} Additional Insured Certificate Holder is named as additional Insured in regards to the above referenced event and The City of Niagara Falls. 4310 Queen Street, Niagara Falls, ON L2E 6X5 ACORD 25(2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Niagara f n.., Region March 6, 2012 Mr. Dean lorfida, City Clerk City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905- 685 -1571 Toll-free: 1- 800 - 263 -7215 Fax: 905 - 685 -4977 www.regional.niagara.on.ca Re: Request for Comments on Application for Tourism Exemption for Holiday Openings — Sobeys, 3714 Portage Road, Niagara Falls I am attaching an application from Sobeys Capital Inc. operating as Sobeys grocery store located at 3714 Portage Road, Niagara Falls requesting a tourism exemption under the Retail Business Holidays Act to permit Sobeys grocery store to open on New Year's Day, Family Day and Good Friday from 9:00 a.m. to 6:00 p.m. These days are in addition to the exemptions already granted to Sobeys grocery store to open on Victoria Day, Canada Day, Labour Day and Thanksgiving Day. I would kindly request that you arrange to provide me with the comments from the City of Niagara Falls regarding these applications by March 30, 2012 for inclusion in the staff report for the public meeting to be held before the Region's Integrated Community Planning Committee on Wednesday, April 25, 2012 at 1 p.m. If you have any questions regarding this matter, please do not hesitate to me. Yours very truly vin Bain Regional Clerk cc. Jim Alabanese, Sobeys Capital Inc. Mary Rae, Legal Services Building Community. Building Lives. Bill 6 715 THE REGIONAL MUNICIPALITY OF RIAGARA APPLICATION FOR TOURISM EXEMPTION RE HOLIDAY OPENINGS The undersigned hereby applies to the Council of the Regional Municipality of Niagara fox an exempting by -law under subsection 4(11 of the Retail Business Holidays Act, R.S O. 1990, Chapter R. 30 If more than one person carrying on retail business is represented in this application, please list information for each on a separate page and attach to form. Pursuant to the Regulations under the Act, an application relating to a retail business establishment that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public oz' normally has four or more employees serving the public shall be made only by that retail business establishment. (PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARY) PART I - APPLICANT INFORMATION 1 Type of applicant (please check one): one or more persons carrying on retail business in the Regional Municipality of Niagara an association, whether or not incorporated, representing persons carrying on retail business in the Regional Municipality of Niagara a council of a local municipality 2 Name of Applicant: �)6Y5 c.4>6/A NC Mailing Address of Applicant: G3 5-5 V L 5C 0 1 N( ( A ' Telephone No.. of Applicant: 3 Applicant's Authorized Agent (to whom all correspondence will be sent): Mailing Address: Telephone No.: /d�6/cc- £�jS 5 I S 4*'1 6k ON . LJR / w. 692 "6633Fax No.: 9;11 /06-1)1 i" it);) Fax No.: 7l% -Z�,Zt� 4. Location of Retail Business Establishment Municipal Address Street Number, Municipality 5. If you wish the exemption to apply to one or more classes of retail business establishments, please define and specify the classes: Bill 6 715 - 2- Total No of sq. Ft normally used for serving the public: Total No of Employees normally serving the public: PART II - TOURISM CRITERIA Tourist attractions are limited to: a) natural attractions or outdoor recreational attractions; b) historical attractions; and c) cultural, multi - cultural or educational attractions The two (2) kilometre restriction set out in the Regulations to the Act does not apply to a retail business establishment located in a local municipality within the Region of Niagara, having a population of less than 50,000 1- Is business located within two kilometres of a tourist attraction? If yes, describe the nature of tourist attraction: /C P 4 . 2 Describe nature of direct association with the tourist attraction or reliance on tourists visiting the attraction for business on a holiday 3. Where the application involves a business that on days other than holidays normally uses a total area of 2,400 square feet or more for serving the public, or normally has four or more employees serving the public, please outline the goods or services provided primarily to tourists.. Bill 6715 This section relates only to applications to grant exemptions on an area basis. 4 a) In what local municipality is it located? b) Describe subject area (in words): 7Z-)114 e_ _U• (Please attach a map or sk -tch) c) How many businesses are included in this application? d) Are all the retail business establishments in the described area within two kilometres of the tourist attraction? e) Doe the area exceed that necessary to encompass all of the retail business establishments for which an exemption is sought? If not, explain how it does not: f) How many of the businesses are directly associated with the tourist attraction ox rely on tourists visiting the tourist attraction for business on a holiday? (Reg atlons to the Act require at least 25% of the businesses) g) If application is submitted by an association, describe briefly the purpose of the association, the area and type of businesses it represents PART III GENERAL 1 Indicate which holidays, and which specific times or number of hours you wish to be open on tJose holidays: \I. 2 Is request seasonal in/�nature, YES NO V e g. summer months only? specific If yes, what time period is sought? 3. What is the justification in relation to the seasonal nature, if any, of the tourist attraction, for the time period sought in the exemption? Bill. 6 715 - 4 - 4 Is request related to a special event? Yes No ✓ (NOTE: A retail business establishment may be exempted for up to five holidays a year during which a fair, festival or other special event (but not solely a parade) is being held in that municipality For what holidays is exemption being sought? Describe special event, duration and time of year 5 Indicate how the exemption would, if granted, be for the maintenance or development of tourism and briefly identify other material submitted with this application that supports this conclusion: 5 M 6. what justification is there for the opening of the retail business establishment(s) on holidays in light of the principle, stated in the Retail Business Holidays Act, that holidays should be maintained as common pause days? (y c _ c)---- l - l. Bill 6 715 EXECUTION BY APPLICANT of the of in the - Ci/41 -1 "/ of 6�- 6- -- A..1- do solemnly declai e that all of the statements contained in this application are true and I make this solemn declaration conscientiously, believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act Declared efore at the ) of , in the ) ) of - ►1,i _ this (9, ) day of ..1.5-c2/1J 2 A Commi sioner, etc Regional Clerk Regional Municipality of Niagara APPOINTMENT OF AUTHORIZED AGENT hereby appoint of to act as my /our authorized agent in this application. Witness: Signed Date: NOTES: (Applicant) 1 It is required that the original application be filed with the Regional Clerk, together with appropriate documentation, accompanied by a cheque in the amount of $750, made payable to: THE REGIONAL MUNICIPALITY OF NIAGARA This fee will cover the following: - publication costs - legal costs to review applications - administrative costs i.e.. printing, mailing 2 Applications are to be filed at the Clerk's Department, the Regional Municipality of Niagara, 2201 St David's Road, Thorold, Ontario, L2V 4T7 to the attention of the Regional Clerk (685- 1571)- 3 This application and any by -law passed by the Region are subject to the provisions of the Retail Business Holidays Act. It is strongly suggested that Applicants contact their solicitor with respect to the provisions of the Act.. 4 It is preferred where possible that applicants submit a proposed exemption by-law with their applications. 5 Each application must be accompanied by a, scaled plan of map of the area covered by the proposed by -law show1 ng: (a) the retail business establishment(s); (b) the tourist attraction; and (c) the scale of the plan or map enabling the distances to be measured Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: April 17, 2012 & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Downtown BIA As Council will recall, last year it approved a fifteen (15) person Board for the Downtown BIA. Council approved three subsequent replacements of members to the Board, keeping the composition at fifteen (15) members. Since then, there have been some resignations. All current board members have previously been approved by Council. For Council's information the current Board consists of the following members, in addition to the three Council representatives: 1. Robin Morse Hatch 2. Joe Mrkalj Grand Central Sports Bar 3. Sal DiPietro Stamford Realty 4. Phil Ritchie 2243806 Ont Inc 5. David Govan Camera Place 6. Lorrie Penteluke The Eagles Nest 7. Bert McCatty Desjardin Financial Security 8. Kevin Clement Paris Crepes Bistro 9. John Newby John Newby Gallery 10. Ron Charbonneau Property Owner 11. Tony Barranca Hair Lovers Place The Board at their annual general membership meeting recommend the attached budget for approval. RECOMMENDATION: Council approve the submitted budget Working Together to Serve Our Community THE ti�GPR� rAlls 04i EAT • SHOP • EXPLORE April 17th, 2012 His Worship Mayor Jim Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: Downtown Board of Management / the BIA — 2012 Budget Request The Downtown Board of Management (BIA) Board of Directors has proposed a substantial decrease in the BIA budget for Queen Street. On Friday, February 1, 2012 the BIA sent out by mail and hand delivery notice to all our members of the Annual General Meeting for the BIA. Included in the notice was the mention that the BIA is proposing a substantial decrease in the BIA levy. On Wednesday, February 29, 2012, the BIA held its Annual General Meeting. The meeting was well attended by property and business owners. During the annual meeting a presentation was made to all members giving insight why the BIA Board of Directors felt that it was extremely important that the BIA decrease its budget for 2012. The new budget passed with very broad support. We look forward to the continuation of this amazing revitalization that will see our downtown turned into a great local's downtown for all the citizens of Niagara Falls to be proud of. The BIA and its membership are very grateful for the continuous support we have received from the City of Niagara Falls. We look forward to working closely with the city in the future. Yours, incer Iy, Dave Govan Chair, Downtown Board of Management Nemanja Kuntos General Manager, Downtown Board of Management AtarineLainc0 April 18, 2012 Hand Delivered City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. Dean Iorfida Dear Dean: Further to our previous discussions, please find enclosed a letter dated today and addressed to the Mayor and City Council for consideration at the Council Meeting on April 24, 2012. Thank you for your assistance in this matter and should further information be required, please do not hesitate to contact us. Yours truly, MARINELAND OF CANADA INC. John Hofer Founder and President 7885 Stanley Avenue, S. / Niagara Falls, ON, Canada L2E 6X8 / (905) 356 -8250 / Fax (905) 374 -6652 / www. marineland. ca MarJie1id April 18, 2012 Hand Delivered City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mayor Jim Diodati and City Councillors Dear Mayor Diodati and City Councillors: As part of Beautification Projects for Marineland's Entrance and Exit, I am asking for your assistance and co- operation regarding the applicable Lease Agreements. Accordingly, I have enclosed copies of the following: Main Entrance — (Portage Road and Upper Rapids Blvd) Drawings prepared by Jamie Douglas Landscape Architect reflecting the "Proposed Leased Road Allowance from the City of Niagara Falls" and the Main Entry Planting Plan. Exit — (Stanley Avenue South at the intersection of Marineland Parkway) Drawings prepared by Jamie Douglas Landscape Architect reflecting the `'Proposed Leased Road Allowance from Niagara Region. The Planting Plan for this project is expected shortly. I would appreciate any assistance the City can offer regarding the necessary approvals from the Region. It is my hope that this matter can be expedited to allow me to complete the planting as soon as possible as we open for the season on May 12, 2012. Thank you for your consideration and co- operation and 1 look forward to the opportunity for us to work together beautifying the City for our many visitors. Should further information be required, please do not hesitate to contact us. Yours truly, MARINELAND OF CANADA INC. John Holer Founder and President 7885 Stanley Avenue, S. / Niagara Falls, ON, Canada L2E 6X8 / (905) 356 -8250 / Fax (905) 374 -6652 / www. marineland. ca April 5, 20112 Toby Barrett, MPP Haldimand - Norfolk Cindy Forster, MPP Welland Tim Hudak, MPP Niagara West- Glanbrook Jane McKenna, MPP Burlington Monique Taylor, MPP Hamilton Mountain James Bradley, MPP St. Catharines TOWN OF GRIMSBY okfr Ted Chudleigh, MPP Halton Andrea Horvath, MPP Hamilton Centre c l Bcx 159 .i� ''..1C3 , :21,1T -R 0 L3%1 .4.G,3 Honourable Dave Levac, MPP Brant Paul Miller, MPP Hamilton East Kim Craitor, MPP Niagara Falls Ted McMeekin, MPP Ancaster Flamborough Re: West Lincoln Memorial Hospital. Grimsby Dear Members of Provincial Parliament: I am writing you in response to the recently tabled Provincial Budget which proposes to cancel funding for the planned rebuild of the West Lincoln Memorial Hospital (WLMH) in Grimsby. The purpose of this letter is not simply to express my community's disbelief and frustration of the proposed cancellation. The project has been in the works since 2005 and only a month ago had been released for PDC award with Infrastructure Ontario. The status of the rebuild is clearly unique in how much work has already been done. My intent in sending this letter to Provincial representatives in the area is to aid in your understanding that the implications are much broader and will affect the entire area, including St. Catharines- Niagara, Hamilton, Burlington and beyond. The proposal to cancel the funding is not on the surface an announcement to close WLMH. However, the reality is that the Hospital cannot continue to provide the necessary standard of health care without substantial investment. The rebuild is the only practical solution. Page 2 WLMH MPP Letter If WLMH cannot provide needed services, patients will be forced to shift to other facilities, many of which are already at capacity. To give a general idea of services provided last year: • 25,000 individuals visit our Emergency Department annually • 2,860 patients are admitted to our hospital • we care for over 900 babies and moms - our Maternal Child program is ranked as a top performer in provincial patient satisfaction and 52% are referrals from outside west Niagara • perform over 3,600 surgeries of which over 82 per cent are outpatient • provide compassionate and supportive care to over 100 individuals who are nearing the end of life through an internationally recognized model of palliative care • shortening the length of stay in acute care hospitals by accepting transfers of patients once care requirements can be safely provided at WLMH • offering short-stay and outpatient surgical services to avoid over - utilization of acute care operating rooms In addition, WLMH serves as a teaching Hospital, supporting the learning needs of 94 medical students and over 42 allied health professionals in 2011/12. WLMH is the second largest teaching site in Niagara through our partnership with McMaster University's Michael G. DeGroote School of Medicine located at Brock University. Placements are particularly important for the family practice program. More information on the services provided at WLMH is included in the package that has been forwarded to the Hon. Deborah Mathews, Minister of Health and Long Term Care. I have also attached a copy of the Resolution passed by Town of Grimsby Council and a copy of the petition circulating in our community urging residents to voice their concerns regarding this matter. The on line version of the petition can be found at r'i'p cancedlinf _ reDuild 01- west- lincoin _n?peno al- hcsp •tal, 36'. I would be more than happy to discuss this with you in person, or by phone, if I can provide any further information that will help you in supporting a revision to the proposed Provincial budget. Thank you for your consideration. Sincerely, Robert N. Bentley Mayor Enclosures: Council Resolution Petition Cc: Dean Allison, MP David Christopherson, MP Niagara Regional Municipal Councils City of Hamilton Council City of Burlington Council Moved by TOWN OF GRIMSBY COUNCIL Seconded /1 ,4 Resolution No. #C- 2 Date: \p2 \\Ap 2012 Whereas the Government of Ontario has i nrvAiriced, through its most recent budget announcement, it will be cartcetling funding for the redevelopment of the West Lincoln Memorial Hospital (WLMH); and Whereas the current government is without a majority of votes as a party to implement the proposed budget; and Whereas Ms. Horvath, Leader of the New Democratic Party, has asked for a 10 day grace period to provide the Government with ideas that would engage the support of her party for the 2012 budget; Therefore the Council of the Town of Grimsby calls on the leaders of both opposition parties to collectively advocate for the WLMH's redevelopment money and work cooperatively with the Liberal Party to ensure the funding for the WLMH is included in the 2012 Provincial Budget; and Further that this Resolution be circulated to the Town of Lincoln and the Township of West Lincoln for their endorsement. The Ontario Government proposes to cancel funding of the rebuild of the West Lincoln Memorial Hospital in the budget of .March 27, 2012. With this petition, we respectfully ask the Ontario Liberal Government to reconsider the decision. Please sign this Petition to reconsider cancelling the rebuild of the West Lincoln Memorial Hospital 1 I support this petition s) 1 C Ii Name tl) I e_ 6/9iiR r77 T1-10r4S44 Lc Prena2- 0 &IA --r-ttAt•S Cital° (ary pis // • 0(.-(k) e4:706 A/ P • Yvk (1 f TiL57- 7ffice of the Town Clerk TELEPHONE 905 -468 -3266 FACSIMILE 905 - 468-2959 April 4, 2012 NLieg.frarea-OnThe- Jake The Honourable Dalton McGuinty Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Dear Honourable Sir: 1593 FOUR Mn .E CREEK ROAD PO. Box 100 VIRGIL, ONTARIO LOS I TO TOWN OF PELHAM APR D ;1i2 Correspondence item - �:,..._..,. Council Date: /. : , d.49 t k' Info ❑ Action Et' Copy ILJ Re: Elimination of Slot Machines at the Fort Erie Horse Racetrack Facility Please be advised that the Council of the Corporation of the Town of Niagara -on- the -Lake, at its regular meeting held on Monday, March 26, 2012, supported the attached resolution supporting the efforts of the Town of Fort Erie to have the Ontario Lottery and Gaming Corporation (OLGC) reverse their decision to eliminate the slot machines at the Fort Erie Horse Racetrack facility. On behalf of the Council of the Corporation of the Town of Niagara -on- the -Lake, it is hopeful our support will help further this initiative. We look forward to hearing from you. Yours truly, Holly Dowd Town Clerk Encl. copy: The Honourable Dwight Duncan, Minister of Finance Mr. Paul V. Godfrey, Chair, Ontario Lottery Gaming Corporation Mr. Kim Craitor, MPP Niagara Mr. Tim Hudak, Leader of the Official Opposition Ms. Andrea Horwath, Leader of the New Democratic Party Mr. Gary Burroughs, Regional Chair Area Municipalities f=irst Caprtal of Upper Canada - 1792 TELEPHONE (905) 468-3266 P O. BOX 100 VIRGIL, ONTARIO LOS 1TO THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE TOWN CLERK'S OFFICE DATE: MARCH 26, 2012 r&L:r-L< MOVED BY COUNCILLOR: SECONDED BY COUNCILLOR: NO. 13 e ✓ S•�e WHEREAS the Ontario Lottery and Gamin• .. • OLGC has decided to eliminate the Slot Machines at the Fort Erie Horse Racetrack facility; AND WHEREAS this action will result in the loss of 200 employee positions at a time when this community has suffered tremendous job losses and economic upheaval; AND WHEREAS this action will further jeopardize the future of the Fort Erie Horse Racetrack facility and its employees; AND WHEREAS the Ontario Lottery and Gaming Corporation has failed to publicly present a business case for this closure. THEREFORE BE IT RESOLVED that the Council of the Corporation of Niagara -on- the -Lake fully supports the efforts of the Town of Fort Erie to have this decision reversed; and THAT the Provincial Minister of Finance be called on to reverse this ill - sighted action by the OLGC; and THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Finance, the Chair of the Ontario Lottery & Gaming Corporation, the MPP for Niagara, the Leader of the Official Opposition, the Leader of the New Democratic Party and the Chair of the Regional Municipality of Niagara.c r of Copy murk ,c..ieo,t.41.es '+LA N'O1Qr(A Region RECORDED VOTE L.1 COUNCIL THE CORPORATION OF THE TOWN OF PELHAM April 16th 2012 r` # G.Accursi # L. Clark # J Durley # C. King .4 # P. Papp # 1 R. Rybiak # D. Augustyn lI 7 THAT Action Communication Item #2, Agenda Item 12.2, being a resolution from the Town of Niagara -on- the -Lake requesting the Province of Ontario to have the Ontario Lottery and Gaming Corporation reverse their decision to eliminate the slot machines at the Fort Erie Horse Racetrack facility be received, endorsed and supported and that the appropriate parties be so notified. Recorded Vote Requested By G. Accursi L. Clark 1. Durley C. King P. Papp R. Rybiak D. Augustyn Yea Nay MAYOR Referred To: Declaration of Pecuniary interest: Lost Disclosed his/her /their interest(s). vacated his/her /their seat(s), abstained from discussion and did not vote SNOIlf11OS3j The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS area publication Niagara This Week ( "permit holder ") is hosting the first annual Guy Show ( "the event'), a consumer show at the Niagara Falls Sportsplex on May 12, 2012; and WHEREAS the event will have a number of sports- related activities, vendors and demonstrations that will cater to a male audience; and WHEREAS due to the venue and the fact that the permit holder is neither a charity or not - for - profit organization, to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and WHEREAS the event is significant in that it will bring in attendees from throughout the Niagara Region and Southern Ontario. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the first annual Guy Show as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Springlicious ( "the event') is an annual food, wine and beer expo that promotes the City's downtown businesses; and WHEREAS the event is scheduled for June 1 - 3, 2012; and WHEREAS the event is being organized by Celebrate Old Downtown Community Corporation ( "COD "), a not- for - profit organization; and WHEREAS a wine garden is being proposed for Centennial Square in front of City Hall; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS the event is significant as it annually provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Council consent to Centennial Square being the venue fior a wine garden for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the fifth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR BDD- 2012 -07 Niagarapalls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2012 -07 VTS Maintenance Facility Location Update RECOMMENDATION: That Council endorse the Montrose Business Park as the location for the VTS Maintenance Facility. EXECUTIVE SUMMARY /BACKGROUND: During the In Camera session of Council on March 27, 2012, staff updated Council of the challenges with the proposed site on Stanley Avenue and the probable relocation of the Maintenance Facility due to the geotechnical report. The comprehensive geotechnical report included thirty -nine (39) boreholes and soil analysis to determine the feasibility of the proposed site on Stanley Avenue. The site is characterized by a high groundwater table and soft, loose clay subsoil. The deeper soil conditions at the site including the soil bearing capacity were determined not to be suitable for the type of building proposed. The geotechnical engineer concluded that the subsurface soil conditions at the site would require an engineered foundation. Several design options were considered and the estimated additional costs made the site not feasible for the Maintenance Facility. The VTS Maintenance Facility will be located in the City's Montrose Business Park as per the attached illustration. The owner of the proposed site on Stanley Avenue has been notified the City will not be moving forward with the acquisition of his property. FINANCIAL /LEGAL IMPLICATIONS: As a result of the geotechnical report and the added building costs to mitigate the site conditions to meet the Ontario building code, the VTS Maintenance Facility will be located at the City's Montrose Business Park. April 24, 2012 - 2 - IN CAMERA BDD- 2012 -07 CITY'S STRATEGIC COMMITMENT: To foster economic vitality through the implementation of the VTS. Recommended by: Respectfully submitted: SF:Ib Sere Felicetti, Director of Business Development Ken' Todd, Chief Administrative Officer NiagararoIIs Montrose Business Park - Proposed VTS Location rnu data is pfov■dmt as s abla ne c ry , vaga.a ,airs Otte 0N1 peas e Otv r Use asvmea isWm by qYS data No part of th mages,, , --- Vacant lots For sale Property Parcels Proposed Site Location *all measurements in Acres N Scale I VS 7Stucation -nap NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2012 -18 Monthly Tax Receivables Report F- 2012 -18 April 24, 2012 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 March 31, 2012 were $15.4 million compared to $17.8 million in 2011. During March, tax receivables as a percentage of taxes billed decreased from 22.5% in 2011 to 19.2% 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 March. Table 1 shows that taxes outstanding at March 31, 2012 are $15.4 million. This represents a decrease from $17.8 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 three months of activity. This table shows 66.5% of the tax accounts or 268 properties have been paid in full or the owners have made suitable payment arrangements. During March, twelve accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 56.3% (February) to 66.5% (March). April 24, 2012 - 2 - F- 2012 -18 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of March, one registered property was redeemed and one property was registered. The outstanding taxes for registered properties represent 2.5% 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 March 31, 2012 is 19.2% which is a decrease from 2011's value of 22.5 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at March 31, 2012 Taxes Receivable by Property Class at March 31, 2012 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti ota Todd Harrison, Director of Finance Ken Todd, Chief Administrative Officer TABLE 1 ____ 'Total Taxes Receivable Owing at March 31, 2012 2012 2011 Outstandin• Taxes • Februa 29, 2012 $ 61,291,945 $ 63,573,113 2011 Taxes Owin• % of Class Residential Penalty char•ed in March $ 217,469 $ 245,982 Taxes Collected during March $ 5,903,181 $ 6,257,631 Outstandin• Taxes • March 31, 2012 $ 55,606,233 $ 57,561,464 Taxes Due April 30, 2012 $ 40,172,004 $ 39,713,702 Taxes Past Due $ 15,434,229 $ 17,847,762 TABLE 2 Taxes Receivable by Property Class as at March 31, 2012 2012 Taxes Owin• % of Class 2011 Taxes Owin• % of Class Residential $ 24,064,171 43.28% $ 23,480,949 40.79% Multi- Residential $ 1,596,555 2.87% $ 1,702,296 2.96% Commercial $ 28,010,506 50.37% $ 30,384,060 52.79% Industrial $ 1,842,257 3.31% $ 1,939,664 3.37% Farmlands $ 92,745 0.17% $ 54,494 0.09% Total Receivables $ 55,606,233 100.00% $ 57,561,463 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at March 31, 2012 Taxes Oustanding Amount Properties Subject to Registration as at February 29, 2012 3 Initial Amount 403 403 $ 105,886 May 2013 Paid in Full 40 52 12.9% $ 1,366,520 Payment Arrangements 187 216 53.6% Ongoing Collection Action 176 135 33.5% Registered 0 0 0.0% 403 403 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount May 2012 3 $ 828,927 November 2012 8 $ 105,886 May 2013 8 $ 431,706 Totals 19 $ 1,366,520 NiagaraJalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Finance Department F- 2012 -19 Municipal Accounts F- 2012 -19 April 24, 2012 RECOMMENDATION That Council approve the municipal accounts totalling $37,284,901.89 for the period March 8, 2012 to April 4, 2012. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: t4f Todd Harrison, Dir 'ctor ofFinance Ken Todd, Chief Administrative Officer Page 1 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 105.1 ED FM 1149948 ONTARIO LTD 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATII 2030688 ONTARIO LTD 2095527 ONTARIO LTD 2285045 ONTARIO INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED O/A BRISK ALL GLASS A J STONE COMPANY LTD Al ASPHALT MAINTENANCE ABBRUSCATO,MICHAEL ACKLANDS GRAINGER INC ACTIVE NETWORK LTD ADSHEAD,DON ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIRON HVAC ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S SPORTS & AWARDS AMALGAMATED TRANSIT UNION #1582 ANDREW BRASSARD AQUICON CONSTRUCTION CO LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARIVA ARIVA ARSENAULT,SERENE ARTISTA DESIGN & PRINT INC ASSOCIATION OF MUNICIPALITIES OF ONTARIO ASSOCIATION OF MUNICIPALITIES OF ONTARIO AUDIBERT,FRED B & B LIFT TRUCK SERVICE BAHDI,LUCAS BAIN PRINTING LIMITED BATTLEFIELD EQUIPMENT RENTALS BEATTIES BASICS BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELME,DAVE BENDO,WAYNE BENNETT,CATHARINE BERNAT,CLARK BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIGGARS KEY SHOP BIGGARS KEY SHOP BIGGARS KEY SHOP BIRD,LUCETTE BLACK & MCDONALD LTD BLAIS,PAUL BLUE W 353358 14 -Mar -2012 353644 28- Mar -2012 353359 14- Mar -2012 353512 21 -Mar -2012 353645 28- Mar -2012 353360 14- Mar -2012 353646 28- Mar -2012 353647 28- Mar -2012 353648 28- Mar -2012 353846 04- Apr -2012 353366 14- Mar -2012 353361 14- Mar -2012 353362 14- Mar -2012 353847 04- Apr -2012 353649 28- Mar -2012 353650 28- Mar -2012 353363 14- Mar -2012 353513 21- Mar -2012 353651 28- Mar -2012 353848 04- Apr -2012 353364 14- Mar -2012 353514 21- Mar -2012 353365 14- Mar -2012 353515 21- Mar -2012 353652 28- Mar -2012 353850 04- Apr -2012 353516 21- Mar -2012 353367 14- Mar -2012 353496 15- Mar -2012 353517 21- Mar -2012 353653 28- Mar -2012 353851 04- Apr -2012 353852 04- Apr -2012 353518 21- Mar -2012 353497 15- Mar -2012 353861 04- Apr -2012 353853 04- Apr -2012 353519 21- Mar -2012 353655 28- Mar -2012 353854 04- Apr -2012 353368 14- Mar -2012 353656 28- Mar -2012 353657 28- Mar -2012 353520 21- Mar -2012 353845 29- Mar -2012 353855 04- Apr -2012 353521 21- Mar -2012 353370 14- Mar -2012 353369 14- Mar -2012 353522 21- Mar -2012 353356 08- Mar -2012 353371 14- Mar -2012 353499 15- Mar -2012 353372 14- Mar -2012 353373 14- Mar -2012 353658 28- Mar -2012 353659 28- Mar -2012 353856 04- Apr -2012 353660 28- Mar -2012 353374 14- Mar -2012 353661 28- Mar -2012 353375 14- Mar -2012 353376 14- Mar -2012 353524 21- Mar -2012 353662 28- Mar -2012 353857 04- Apr -2012 353377 14- Mar -2012 353663 28- Mar -2012 353858 04- Apr -2012 353664 28- Mar -2012 353665 28- Mar -2012 353859 04- Apr -2012 353860 04- Apr -2012 BI- CENTENNIAL LEVEE REIMBURSEMENT OF ARCHITECTUI MAINTENANCE /REPAIRS SERVICES SERVICES LEASES AND RENTS LICENSE AGREEMENT FOR MARCH REFUND -TAX MAINTENANCE /REPAIRS MATERIALS MATERIALS CONTRACT SERVICES GRANT MATERIALS MEMBERSHIP REFUND SERVICES SERVICES SERVICES VEH ID# 680 SERVICES SERVICES MATERIALS MATERIALS SERVICES SERVICES MAINTENANCE /REPAIRS CONTRACT SERVICES LEASES AND RENTS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS PAYROLL REMITTANCE TRAINING CONTRACT SERVICES MATERIALS MATERIALS VEH ID# 185 MATERIALS MATERIALS REFUND MATERIALS MEMBERSHIP SUBSCRIPTION REFUND LEASES AND RENTS GRANT MATERIALS REFUND - DAMAGE DEPOSIT MATERIALS SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND REFUND REFUND TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS REFUND MAINTENANCE /REPAIRS REFUND MATERIALS 474 60 2,655 00 80.79 303 06 343.77 7,005 72 1,130 00 2,719 31 220.35 457 65 2,534 94 43,159.50 75 00 287 97 7,11900 15 00 395 50 197 75 175 15 197 75 101 88 28.90 10,991 07 350 30 407 53 70.06 740 83 77,347 48 6,161 61 10,812 87 3,725 56 178,293 88 158,188 -33 28 82 2,507 00 650 00 453,665.68 200 98 533.86 2,269 37 626 96 990 51 15.00 113 00 12,506 59 158.20 150 00 519 80 75.00 39 55 750 00 1,123 22 72.64 19.83 449.01 134 94 117 97 69 97 150 00 150 00 15 00 72.54 1,082 76 49 61 280.01 129 27 7 49 73 45 226 00 15 00 2,953 82 150 00 6,992 44 Page 2 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BOBOROS,TERRY BOONE,GORDON BORDEN LADNER GERVAIS BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BRAND BLVD INC BRIANT,ROBERT BRINKS CANADA LTD BROCK FORD LINCOLN BROCK FORD LINCOLN BRODERICK & PARTNERS BRODERICK & PARTNERS BURKE GROUP - THE BURSE,PAMELA BUTLER,DAVID CALE SYSTEMS INC CALE SYSTEMS INC CANADA POST CANADIAN BEARINGS LTD CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SALT COMPANY LIMITED THE CANAVAN,WENDY CANPAR TRANSPORT L P. CANPAR TRANSPORT L P. CANPAR TRANSPORT L P CANPAR TRANSPORT L.P CANTEC SECURITY SERVICES INC CARACCIOLO,CARMELO CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARR MCLEAN CARSWELL CARSWELL CARSWELL CASTLE MECHANICAL CASTLE MECHANICAL CENTURY VALLEN CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHIPPAWA LIONS CLUB CICCONE,FRANK CIT FINANCIAL LTD CLASSIC FIRE PROTECTION INC C -MAX FIRE SOLUTIONS CODE 4 FIRE & RESCUE INC CODE 4 FIRE & RESCUE INC COGECO CABLE CANADA LP COLLABORATIVE STRUCTURES LIMITED COLLABORATIVE STRUCTURES LIMITED COLLEE,DOUGLAS COMMISSIONAIRES COMMISSIONAIRES COMPUGEN INC CONS SCOL DE DIST CATHOLIC CENTRE -SUD CONS SCOL DE DIST CENTRE -SUD OUEST CONTINENTAL TIRE CANADA INC CONTINENTAL TIRE CANADA INC CORFIELD ELECTRIC LTD COSTABILE,ALFREDO CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC Cheque No. Cheque Date Purpose Amount 353666 28- Mar -2012 REFUND 15 00 353525 21- Mar -2012 REFUND 150 00 353667 28- Mar -2012 SERVICES 20,858.17 353357 08- Mar -2012 REFUND 348 50 353378 14- Mar -2012 GRANT 16,066 67 353668 28- Mar -2012 GRANT 16,066 67 353526 21- Mar -2012 MATERIALS 1,027.17 353669 28- Mar -2012 REFUND 15 00 353670 28- Mar -2012 SERVICES 1,685 09 353379 14- Mar -2012 MATERIALS 527.98 353527 21- Mar -2012 VEH ID# 164 1,895.62 353381 14- Mar -2012 SERVICES -GO TRANSIT /METROLIN) 1,033 39 353862 04- Apr -2012 SERVICES 9,590 73 353671 28- Mar -2012 SERVICES 71190 353672 28- Mar -2012 REFUND 15 00 353673 28- Mar -2012 REFUND 15 00 353382 14- Mar -2012 MATERIALS 1,063 33 353674 28- Mar -2012 SERVICES 915 30 353385 14- Mar -2012 INTERIM TAX 13,366 36 353675 28- Mar -2012 MATERIALS 108 48 353383 14- Mar -2012 MATERIALS 304 70 353500 15- Mar -2012 MATERIALS 342 47 353529 21- Mar -2012 MATERIALS 397 64 353676 28- Mar -2012 MATERIALS 987.20 353864 04- Apr -2012 MATERIALS 293 75 353677 28- Mar -2012 CONTRACT SERVICES 4,509 37 353528 21- Mar -2012 CONTRACT SERVICES 1,105 91 353386 14- Mar -2012 MATERIALS 1,019 88 353679 28- Mar -2012 MATERIALS 2,455 26 353531 21- Mar -2012 MATERIALS 24,41913 353863 04- Apr -2012 TRAVEL/MILEAGE 249 76 353384 14- Mar -2012 SERVICES 17 24 353530 21- Mar -2012 SERVICES 52 33 353678 28- Mar -2012 SERVICES 42 82 353865 04- Apr -2012 SERVICES 28 70 353532 21- Mar -2012 SERVICES 604 32 353680 28- Mar -2012 REFUND 15.00 353533 21- Mar -2012 MATERIALS 158 03 353866 04- Apr -2012 MATERIALS 1,551 32 353681 28- Mar -2012 MATERIALS 546 36 353387 14- Mar -2012 MATERIALS 295 72 353534 21- Mar -2012 MATERIALS 307 27 353868 04- Apr -2012 OHSA 2012 1,997 00 353388 14- Mar -2012 MATERIALS 1,317 64 353682 28- Mar -2012 EQUIPMENT 1,840 28 353683 28- Mar -2012 MATERIALS 276 74 353684 28- Mar -2012 REFUND 15 00 353685 28- Mar -2012 REFUND 15 00 353390 14- Mar -2012 MATERIALS 1,295 59 353536 21 -Mar -2012 MATERIALS 337.73 353686 28- Mar -2012 MATERIALS 290 69 353869 04- Apr -2012 MATERIALS 110 31 353391 14- Mar -2012 REMITTANCE 9,802 08 353687 28- Mar -2012 REFUND 15.00 353688 28- Mar -2012 LEASES AND RENTS 523 86 353538 21- Mar -2012 SERVICES 254.25 353392 14 -Mar -2012 MATERIALS 1,025 21 353539 21- Mar -2012 MATERIALS 639 86 353689 28- Mar -2012 VEH ID# 572 559 35 353870 04- Apr -2012 SERVICES 847.50 353393 14- Mar -2012 CONTRACT SERVICES 51,354 48 353690 28- Mar -2012 CONTRACT SERVICES 6,945.38 353394 14- Mar -2012 MATERIALS 139.26 353395 14- Mar -2012 CONTRACT SERVICES 22,223 83 353691 28- Mar -2012 CONTRACT SERVICES 42,952 70 353540 21- Mar -2012 MATERIALS 11,701 59 WIRE 30- Mar -2012 TAX LEVY 275,026 79 WIRE 30- Mar -2012 TAX LEVY 82,365 49 353541 21 -Mar -2012 MATERIALS 8,716.10 353871 04- Apr -2012 MATERIALS 4,453 83 353543 21- Mar -2012 MATERIALS 1,877.04 353693 28- Mar -2012 REFUND 4,633 32 353396 14- Mar -2012 SERVICES 56100 353501 15- Mar -2012 SERVICES 2,519.00 Page 3 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRI FIRE PROTECTION INC. CRM CONNECTONS INC CRYDERMAN,GEORGE CUMMINS EASTERN CANADA LP CUMMINS EASTERN CANADA LP CUPE LOCAL 133 CUPE LOCAL 133 DALKE,DORIS DARCH FIRE DAVIDSON ENVIRONMENTAL DE LAGE LANDEN FINANCIAL SERVICES CAN INC DEL MANAGEMENT SOLUTIONS DELCAN CORPORATION DEMAR CONSTRUCTION DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DEURLOO,JOAN DIMOND,MARK DIODATI,JIM DISTRICT SCHOOL BOARD OF NIAGARA DIVAL SAFETY & SUPPLIES OF CANADA DONOFRIO,GWEN DRAFTING CLINIC CANADA LTD DRAFTING CLINIC CANADA LTD DULUX PAINTS DUNKLEY,COLIN EASTGATE TRUCK CENTRE EASTGATE TRUCK CENTRE ECO SOLUTIONS (MILTON) INC ECO SOLUTIONS (MILTON) INC EFFAT,EFFAT S K ELECTROMEGA LTD ELLIS ENGINEERING INC ELOQUIP LTD EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE EPILEPSY NIAGARA ETHERINGTON,DAVE EVANOFF,VICTOR EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EXPOGRAPHIQ INTERNATIONAL LIMITED FAIELLA,EILEEN FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FEDERAL EXPRESS CANADA LTD FEREN SIGNS & AWNINGS LTD FERON,JEANNETTE FERRANTE,PRISCILLA FIORUCCI,ROBERT FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRE SAFETY DISTRIBUTION CENTRE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FORTUNA CONSTRUCTION Cheque No. Cheque Date 353544 21- Mar -2012 353873 04- Apr -2012 353546 21- Mar -2012 353547 21- Mar -2012 353397 14- Mar -2012 353548 21- Mar -2012 353694 28- Mar -2012 353502 15- Mar -2012 353695 28- Mar -2012 353697 28- Mar -2012 353698 28 -Mar -2012 353549 21- Mar -2012 353875 04- Apr -2012 353399 14- Mar -2012 353876 04- Apr -2012 353551 21- Mar -2012 353552 21- Mar -2012 353699 28- Mar -2012 353877 04- Apr -2012 353700 28- Mar -2012 353702 28- Mar -2012 353400 14- Mar -2012 WIRE 30- Mar -2012 353703 28- Mar -2012 353878 04- Apr -2012 353553 21- Mar -2012 353879 04- Apr -2012 353880 04- Apr -2012 353704 28- Mar -2012 353401 14- Mar -2012 353705 28- Mar -2012 353402 14- Mar -2012 353706 28- Mar -2012 353881 04- Apr -2012 353707 28- Mar -2012 353708 28- Mar -2012 353403 14- Mar -2012 353554 21- Mar -2012 353882 04- Apr -2012 353709 28- Mar -2012 353404 14- Mar -2012 353503 15- Mar -2012 353555 21- Mar -2012 353710 28- Mar -2012 353883 04- Apr -2012 353712 28- Mar -2012 353884 04- Apr -2012 353405 14- Mar -2012 353713 28- Mar -2012 353406 14- Mar -2012 353556 21- Mar -2012 353407 14- Mar -2012 353885 04- Apr -2012 353714 28- Mar -2012 353715 28- Mar -2012 353557 21- Mar -2012 353886 04- Apr -2012 353408 14- Mar -2012 353558 21- Mar -2012 353716 28- Mar -2012 353887 04- Apr -2012 353888 04- Apr -2012 353889 04- Apr -2012 353717 28- Mar -2012 353718 28- Mar -2012 353409 14- Mar -2012 353559 21- Mar -2012 353719 28- Mar -2012 353560 21- Mar -2012 353410 14- Mar -2012 353561 21- Mar -2012 353890 04- Apr -2012 353411 14- Mar -2012 353891 04- Apr -2012 Purpose Amount SERVICES SERVICES SERVICES TRAINING REFUND MATERIALS VEH ID# 535 PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND VEH ID# 35, 535 MATERIALS CONTRACT SERVICES LEASES AND RENTS - RENTAL UNIT CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS EQUIPMENT REFUND TRAVEUMILEAGE TRAVEL/MILEAGE TAX LEVY MATERIALS SUPPLIES SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS VEH ID# 83 MATERIALS MATERIALS TRAVEL/MILEAGE MATERIALS CONSULTING SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES DONATION TRAVEL /MILEAGE TRAVEL/MILEAGE REFUND MATERIALS SERVICES MATERIALS CONTRACT SERVICES REFUND VEH ID# 459 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS REFUND REFUND REFUND -TAX SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE MAINTENANCE /REPAIRS 3,564 00 396 00 423.75 3,358 77 150 00 1,465 08 3,000.91 7,573 57 7,591.13 15 00 709 76 94.92 13,267 68 10,072 76 32,317.46 244,288 33 676.18 685 75 354.88 15 00 45 00 1,155 00 7,113,205 56 94 92 66.77 553 47 251 89 595 85 80 00 2,420 76 2,168 13 3,898 50 4,186.65 142 48 1,977.50 4,361.80 89 44 507 60 475.62 40.046 07 7,366 95 1,351 87 1,042 74 17,473 49 14,429 76 418.25 96.72 160 00 15 00 11,367 92 231 65 568 90 92,605.97 15.00 9,395 95 145 48 33,278.50 600.60 1,400 11 735.78 621.35 301 47 341.26 15 00 15 00 420.00 340 46 802.30 375 06 1,864 11 185 93 1,787 31 84 24 1,519 85 Page 4 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FORTUNA,JOHN FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRASER,LINDA FRETZ,LINDA GALES GAS BARS GALT MACHINE KNIFE & SAW GAULEY,ROBERT (DAN) GEORGIAN COLLEGE GLOBALSTAR CANADA SATELLITE CO GLOBALSTAR CANADA SATELLITE CO GRAVELLE,DON GRAVELLE,MIKE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GRIFFIN LANDSCAPING GRIFFITHS,DAVID GRINDLAY,PATRICK GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HACH SALES & SERVICE CANADA LTD HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY NALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HANG UPS HANG UPS HENDERSON RECREATION EQUIPMENT LIMITED HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS,DAVID HILL BOLES LTD HILL BOLES LTD HOLLINGSHEAD,SHAWN HR SYSTEMS STRATEGIES INC HUSSEY,SHIRLEY IBI GROUP IBI GROUP INDEPENDENT SUPPLY COMPANY INC INDEPENDENT SUPPLY COMPANY INC INNOVATIVE SURFACE SOLUTIONS CANADA INTERFLEET INC J & B PROCESS SERVING INC J & B PROCESS SERVING INC JACKET CELLAR THE JACKSON,DAVE JANINE RUTHERFORD JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOE JOHNSON EQUIPMENT JR B CANUCKS JR B CANUCKS JUDSON,PATRICIA KAPLE,JEROME KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KITNEY,KAREN KLENZOID KLENZOID KONE INC KONE INC KOSANOVIC,DRAGICA KRAMER DESIGN ASSOCIATES LIMITED KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK Cheque No Cheque Date 353720 28- Mar -2012 353412 14- Mar -2012 353722 28- Mar -2012 353721 28- Mar -2012 353723 28- Mar -2012 353562 21- Mar -2012 353563 21- Mar -2012 353564 21- Mar -2012 353892 04- Apr -2012 353413 14- Mar -2012 353893 04- Apr -2012 353724 28- Mar -2012 353725 28- Mar -2012 353566 21- Mar -2012 353726 28- Mar -2012 353894 04- Apr -2012 353895 04- Apr -2012 353896 04- Apr -2012 353727 28- Mar -2012 353728 28- Mar -2012 353897 04- Apr -2012 353898 04- Apr -2012 353729 28- Mar -2012 353899 04- Apr -2012 353414 14- Mar -2012 353567 21- Mar -2012 353730 28- Mar -2012 353732 28- Mar -2012 353731 28 -Mar -2012 353733 28- Mar -2012 353734 28- Mar -2012 353415 14- Mar -2012 353568 21- Mar -2012 353416 14- Mar -2012 353569 21- Mar -2012 353900 04- Apr -2012 353735 28- Mar -2012 353417 14- Mar -2012 353736 28- Mar -2012 353901 04- Apr -2012 353737 28- Mar -2012 353738 28- Mar -2012 353739 28- Mar -2012 353418 14- Mar -2012 353903 04- Apr -2012 353570 21- Mar -2012 353904 04- Apr -2012 353571 21- Mar -2012 353741 28- Mar -2012 353743 28- Mar -2012 353907 04- Apr -2012 353572 21- Mar -2012 353905 04- Apr -2012 353742 28 -Mar -2012 353906 04- Apr -2012 353744 28- Mar -2012 353573 21- Mar -2012 353745 28- Mar -2012 353746 28- Mar -2012 353747 28- Mar -2012 353420 14- Mar -2012 353504 15- Mar -2012 353574 21- Mar -2012 353908 04- Apr -2012 353421 14- Mar -2012 353748 28- Mar -2012 353910 04- Apr -2012 353422 14- Mar -2012 353575 21- Mar -2012 353749 28- Mar -2012 353576 21- Mar -2012 353423 14- Mar -2012 353911 04- Apr -2012 353424 14 -Mar -2012 Purpose Amount REFUND REMITTANCE REMITTANCE REFUND REFUND VEH ID# 625 SERVICES TRAVEL/MILEAGE TRAINING SERVICES SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE SERVICES REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND REFUND LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS REFUND ANNUAL SUPPORT & MAINTENANCE REFUND CONTRACT SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES TRAVEL/MILEAGE SERVICES SERVICES MATERIALS TICKET REVENUE - CLEARING TICKET REVENUE - CLEARING REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS TRAVEL/MILEAGE 15 00 9,667 50 3,11963 15 00 15.00 508 84 1,318 71 627 60 1,168 00 139 89 139 89 15 00 15.00 109 90 244.98 286 28 91 00 4,181 00 15 00 15 00 36,714.90 6,973 93 3,228 28 78.67 4,224.17 1,833 31 915 30 5, 085 00 15 00 15 00 15.00 621.50 1,762 80 1,304 91 593 01 5,660 17 249 73 60.00 123.88 157 86 15 00 6,044 37 15.00 255,300 90 26,710 94 1,349 56 941 79 4,604 54 4,006 95 39 55 39.55 97.18 88 40 38 40 271 20 156.35 8,528 00 6,282 00 15 00 15 00 3,093 27 2,938 00 113 00 10,740 66 175 00 3,379 30 606.80 407 92 407 92 15 00 14,642 76 1,806 31 9,683 93 160.00 Page 5 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KRONSTEIN,MARK KROWN RUST CONTROL L WALTER & SONS EXCAVATING (2008) LTD. LAERDAL MEDICAL CANADA LTD LAKE'S MAINTENANCE LAKES MAINTENANCE LAKES MAINTENANCE LAWSON PRODUCTS INC LEEDS TRANSIT LEIDEN'S CONCRETE BURIAL VAULTS LIMITED LEMAY,GERALD LEONARD,DAVE LEXISNEXIS CANADA INC LINDE CANADA LIMITED LINDE CANADA LIMITED LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUPIA,GABRIEL LUPIA,JOSH M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MANOR CLEANERS MARTIN SHEPPARD FRASER LLP IN TRUST MARTIN,CHRISTOPHER MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES, DIANE MCCONNELL,LUCILLE MCCONNELL,LUCILLE MCNAMARA,SUSAN MCNAMARA,SUSAN MELI,GERI METRO FREIGHTLINER HAMILTON METRO FREIGHTLINER HAMILTON METRO PLUMBING & HEATING METRO PLUMBING & HEATING MG PROMOTIONS MG PROMOTIONS MICIELI,TONY MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MOASE,SUZANNE MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOLDENHAUER,KATHY MONTGOMERY BROS & NORTHLAND SUPPLY MONTGOMERY BROS & NORTHLAND SUPPLY MOORE CANADA MR QUICK SOFT CLOTH MULLER'S WORKWEAR MURAWSKI,CHESTER N Y STYLE DELI N S.M FABRICATING LIMITED N.S.M FABRICATING LIMITED NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA CATHOLIC DIST SCHOOL BOARD NIAGARA CUSTOM POWDER COATING INC NIAGARA DOOR & HARDWARE 1434220 ONTARIO LIMITED NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC Cheque No. Cheque Date 353750 28- Mar -2012 353577 21- Mar -2012 353430 14- Mar -2012 353912 04- Apr -2012 353505 15- Mar -2012 353578 21- Mar -2012 353913 04- Apr -2012 353914 04- Apr -2012 353915 04- Apr -2012 353751 28- Mar -2012 353752 28- Mar -2012 353753 28- Mar -2012 353425 14- Mar -2012 353427 14- Mar -2012 353917 04- Apr -2012 353580 21- Mar -2012 353918 04- Apr -2012 353428 14- Mar -2012 353429 14- Mar -2012 353922 04- Apr -2012 353435 14- Mar -2012 353583 21- Mar -2012 353768 28- Mar -2012 353581 21- Mar -2012 353755 28- Mar -2012 353919 04- Apr -2012 353431 14- Mar -2012 353756 28 -Mar -2012 353757 28- Mar -2012 353432 14- Mar -2012 353758 28- Mar -2012 353433 14- Mar -2012 353759 28- Mar -2012 353760 28- Mar -2012 353761 28- Mar -2012 353920 04- Apr -2012 353762 28- Mar -2012 353921 04- Apr -2012 353434 14- Mar -2012 353763 28- Mar -2012 353582 21- Mar -2012 353765 28- Mar -2012 353766 28- Mar -2012 353767 28- Mar -2012 353506 15- Mar -2012 353764 28- Mar -2012 353436 14- Mar -2012 353584 21- Mar -2012 353769 28- Mar -2012 353923 04- Apr -2012 353437 14- Mar -2012 353438 14- Mar -2012 353585 21- Mar -2012 353439 14- Mar -2012 353770 28- Mar -2012 353924 04- Apr -2012 353771 28- Mar -2012 353784 28- Mar -2012 353448 14- Mar -2012 353510 15- Mar -2012 353440 14- Mar -2012 353586 21- Mar -2012 353772 28- Mar -2012 353925 04- Apr -2012 WIRE 30- Mar -2012 353926 04- Apr -2012 353773 28- Mar -2012 353442 14- Mar -2012 353774 28- Mar -2012 353443 14- Mar -2012 353775 28- Mar -2012 353507 15- Mar -2012 353508 15- Mar -2012 353777 28- Mar -2012 Purpose Amount MATERIALS VEH ID# 330 CONTRACT SERVICES MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS FUEL FUEL GRANT GRANT MATERIALS SERVICES SERVICES MATERIALS SERVICES CONSULTING SERVICES MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS TRAVEL/MILEAGE MATERIALS TRAVEL/MILEAGE MATERIALS TRAINING MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS SERVICES SERVICES SERVICES TRAVEL /MILEAGE MATERIALS CONTRACT SERVICES MATERIALS VEH ID# MATERIALS MATERIALS MATERIALS VEH ID# 535 MAINTENANCE /REPAIRS VEH ID# 113 VEH 1D# 324 VEH ID# 309 VEH ID# 58 TAX LEVY VEH ID# 83 MATERIALS GRANT GRANT GRANT GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE 15 00 135 54 1,108.53 342 46 461 04 749 76 345 78 2,567 89 115 42 519.80 15 00 45 00 117.13 3,314 29 191 25 20.420 45 37,344 33 75.00 75 00 1,164 97 357 70 62.15 863 17 28 48 10,338.49 150 00 9,384 30 810 92 15 00 170 00 15 00 150 00 15 00 500 00 1,198 29 5,276 50 20,962 80 7,797.00 305 67 547.46 146 89 2,495.00 5,899 77 83,640 33 1.895 57 1,887 66 343 62 1,715 09 1,850 96 459 24 297 96 255 38 127 69 22,067 70 185.32 251 94 15 00 198 03 2,175 25 282.50 3,829 27 2,048 24 922.13 5,005 59 3,712,182 33 188 15 110 74 2,250.00 2,250.00 39,795 17 39,795 17 7,155.42 6,623 55 6,623 55 Page 6 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGION NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL MUNICIPALITY NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA VIDEO PRODUCTIONS NIAGARA.COM NORM'S SERVICE CENTRE 305677 ONTARIO LTD NOVUS FIRE PROTECTION CONSULTING INC OACA OACAO O'HARA TRUCKING & EXCAVATING O'HARA TRUCKING & EXCAVATING OLIVIER,JOHN OMERS OMERS OMFPOA NIAGARA CHAPTER PAK,MIJA PARK TERRACE DEVELOPMENT CORP PARKVIEW EQUIPMENT PEC ROOF MAINTENANCE PELLEGRINI,MARIA PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING & RECOVERY PENINSULA TOWING & RECOVERY PENNER BUILDING CENTRE PERFORMANCE CHRYSLER DODGE JEEP PERFORMANCE CHRYSLER DODGE JEEP PKF CONSULTING PLAYPOWER LT CANADA INC T44069C PMG GENERATOR SERVICES PORTER,GAIL POWER PLAY SPORTS PRAXAIR PRAXAIR PROJECT SHARE PROJECT SHARE PROSECUTORS' ASSOCIATION OF ONTARIO PROTEL ALARM & SIGNAL PURE WATER PURE WATER PURE WATER PUROLATOR COURIER PUROLATOR COURIER Cheque No Cheque Date 353444 14- Mar -2012 353587 21 -Mar -2012 353778 28- Mar -2012 353779 28- Mar -2012 353588 21- Mar -2012 353445 14- Mar -2012 353446 14- Mar -2012 353589 21- Mar -2012 353590 21- Mar -2012 353591 21- Mar -2012 353780 28- Mar -2012 353781 28- Mar -2012 353927 04- Apr -2012 353928 04- Apr -2012 353929 04- Apr -2012 WIRE 12- Mar -2012 WIRE 12- Mar -2012 WIRE 21- Mar -2012 WIRE 28- Mar -2012 WIRE 30- Mar -2012 WIRE 30- Mar -2012 353782 28- Mar -2012 353610 21- Mar -2012 353797 28- Mar -2012 353941 04- Apr -2012 353509 15- Mar -2012 353783 28- Mar -2012 353930 04- Apr -2012 353592 21- Mar -2012 353593 21- Mar -2012 353594 21- Mar -2012 353595 21- Mar -2012 353441 14- Mar -2012 353447 14- Mar -2012 353596 21- Mar -2012 353449 14- Mar -2012 353597 21- Mar -2012 353450 14- Mar -2012 353598 21- Mar -2012 353785 28- Mar -2012 353931 04- Apr -2012 353932 04- Apr -2012 353451 14- Mar -2012 353599 21- Mar -2012 353600 21- Mar -2012 353786 28- Mar -2012 353452 14- Mar -2012 353453 14- Mar -2012 353789 28- Mar -2012 353788 28- Mar -2012 353601 21- Mar -2012 353787 28- Mar -2012 353933 04- Apr -2012 353455 14- Mar -2012 353934 04- Apr -2012 353454 14- Mar -2012 353456 14- Mar -2012 353602 21- Mar -2012 353935 04- Apr -2012 353603 21- Mar -2012 353936 04- Apr -2012 353458 14- Mar -2012 353459 14- Mar -2012 353460 14- Mar -2012 353604 21- Mar -2012 353461 14- Mar -2012 353791 28- Mar -2012 353792 28 -Mar -2012 353462 14- Mar -2012 353463 14- Mar -2012 353606 21 -Mar -2012 353937 04- Apr -2012 353464 14- Mar -2012 353793 28- Mar -2012 Purpose GRANT ADVERTISING GRANT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES CONTRACT SERVICES UTILITIES CONTRACT SERVICES UTILITIES CONTRACT SERVICES CONTRACT SERVICES UTILITIES 1ST Q WASTE MGT 1ST Q TAX LEVY VTS HARDWARE OAKWOOD PLAZA DEBT 45 -2011 FEB WATER SERVICES MATERIALS MATERIALS SERVICES ADMINISTRATIVE SERVICES SERVICES VEH ID# 275 VEH ID# 679 ADVERTISING MATERIALS SERVICES MAINTENANCE /REPAIRS MATERIALS MEMBERSHIP MEMBERSHIP MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE TRAINING GRANT REFUND MATERIALS MAINTENANCE /REPAIRS REFUND SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID# 39 VEH ID# 180 MATERIALS EQUIPMENT EQUIPMENT CONSULTING SERVICES MATERIALS MAINTENANCE /REPAIRS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS GRANT GRANT TRAINING SERVICES SERVICES SERVICES SERVICES COURIER COURIER Amount 30,000 00 2,542 50 30,000 00 237.30 104.97 14,744 22 5,939 88 26,905.11 9,091 89 243,430 47 13,150.88 4,854 18 20.296 80 20,684 50 8,195.51 1,643,586 98 15,222,483 00 136,807 38 213,104 16 1,033,952 12 1,836,338 61 3,690 94 6,215 97 1,752 31 12,754 12 25 00 50.00 50 00 126 56 1,228 69 678 00 339 00 13 56 128.82 1,356 00 110 00 525 00 20,277 06 1,156.94 30 00 46,174 16 778,965 09 150 00 14,831 50 926 43 3,953 87 678.80 226 00 55 30 233 91 545.00 45.00 80 00 62 15 84 75 118 37 21,604.47 45,630 53 6,780 00 2,406 90 141 25 58 76 225 95 169 23 798 02 24,866 67 24,866 67 291 54 314 14 40 00 11 50 25 00 41 46 205.67 Page 7 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PUROLATOR COURIER QUARTEK GROUP INC R & W HOIST REPAIRS LTD R W HAMILTON LTD R W HAMILTON LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RANALLI,KENNETH RAVEN,BONNIE RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA - INDUSTRY CANADA RECEIVER GENERAL FOR CANADA - INDUSTRY CANADA RECEIVER GENERAL FOR CANADA - INDUSTRY CANADA REID,WILLIAM, A RENNIE,GEORGE ROBBINS,JANE ROBBINS,RICHARD ROGERS WIRELESS INC RONALD C ELLENS APPRAISALS INC ROUPAS,ELLEN ROYAL BANK ROYAL ENVELOPE LTD ROYAL ENVELOPE LTD ROYAL LEPAGE ROYAL ONTARIO MUSEUM RUSCITTITONY SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SACCO CONSTRUCTION LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY -KLEEN CANADA INC. OIL DIVISION SANI GEAR FIRE SANI GEAR ARE SANI GEAR FIRE SCERVINO,LUIGI SCHULTZ,LORRAINE SCOZZAFAVA,SAM SECURITY THROUGH SAFE DESIGN SENKERIK FIRE PROTECTION SERVICEMASTER CLEAN OF NIAGARA SEXTON, DALLAS SHERRARD KUZZ SHRED IT INTERNATIONAL INC SIX CARD SOLUTIONS USA CORP B9257 SNYDER,BILL ST JOHN AMBULANCE ST JOHN AMBULANCE ST MICHAEL SECONDARY SCHOOL STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STAMFORD KIWANIS MUSIC FESTIVAL STAR COLLISION SERVICE STEVEN ROBINSON ARCHITECT INC STITCH IT CANADA'S TAILOR STOKES INTERNATIONAL STORAGE NIAGARA STRONGCO EQUIPMENT STUART,DAVE SUN LIFE SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING DEPT. SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUTPHEN TALK WIRELESS INC Cheque No Cheque Date 353938 04- Apr -2012 353607 21- Mar -2012 353612 21- Mar -2012 353469 14- Mar -2012 353611 21- Mar -2012 353608 21- Mar -2012 353939 04- Apr -2012 353940 04- Apr -2012 353794 28- Mar -2012 353795 28- Mar -2012 353511 15- Mar -2012 353796 28- Mar -2012 353465 14- Mar -2012 353466 14- Mar -2012 353609 21- Mar -2012 353942 04- Apr -2012 353798 28- Mar -2012 353799 28- Mar -2012 353800 28- Mar -2012 353467 14- Mar -2012 353801 28- Mar -2012 353943 04- Apr -2012 WIRE 28- Mar -2012 353468 14- Mar -2012 353802 28 -Mar -2012 353803 28- Mar -2012 353804 28- Mar -2012 353805 28- Mar -2012 353613 21- Mar -2012 353806 28- Mar -2012 353944 04- Apr -2012 353615 21- Mar -2012 353945 04- Apr -2012 353614 21- Mar -2012 353616 21- Mar -2012 353807 28- Mar -2012 353946 04- Apr -2012 353617 21- Mar -2012 353808 28- Mar -2012 353809 28- Mar -2012 353618 21- Mar -2012 353470 14- Mar -2012 353811 28- Mar -2012 353471 14- Mar -2012 353812 28- Mar -2012 353947 04- Apr -2012 353619 21- Mar -2012 353813 28- Mar -2012 353474 14- Mar -2012 353816 28- Mar -2012 353948 04- Apr -2012 353472 14- Mar -2012 353620 21- Mar -2012 353814 28- Mar -2012 353473 14- Mar -2012 353621 21- Mar -2012 353815 28- Mar -2012 353949 04- Apr -2012 353817 28- Mar -2012 353475 14- Mar -2012 353950 04- Apr -2012 WIRE 30- Mar -2012 353623 21- Mar -2012 353457 14- Mar -2012 353476 14 -Mar -2012 353622 21- Mar -2012 353790 28- Mar -2012 353818 28 -Mar -2012 353951 04- Apr -2012 353478 14- Mar -2012 353819 28- Mar -2012 353477 14- Mar -2012 US DRAFT 16- Mar -2012 353624 21- Mar -2012 Purpose Amount COURIER CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND 050 00201200 MATERIALS REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS MATERIALS LEASES AND RENTS REFUND PRKG C0136245 MATERIALS MATERIALS MATERIALS SERVICES CONSULTING SERVICES TRAVEL/MILEAGE EMPL PPD VISA CARDS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS CONSULTING SERVICES VEH ID# 537 SERVICES GRANT CONSULTING SERVICES SERVICES SERVICES MATERIALS GRANT GRANT DONATION MATERIALS MATERIALS DONATION VEH ID# 70 CONSULTING SERVICES SERVICES MATERIALS SERVICES VEH ID# 421 PETTY CASH APRIL PREMIUMS REMITTANCE FUEL FUEL FUEL FUEL FUEL FUEL MATERIALS MATERIALS FUEL PARTS SERVICES 14.80 8,382 62 1,883 63 90.39 497 49 209.10 78 42 704 02 15 00 1,316 79 476,623 64 470,584 92 5,546 00 287 00 4,497 00 25 00 15 00 15 00 15 00 1,565 74 3.661 00 189 28 13.306 25 1,285 66 78.58 35,256 00 1,059 38 126 54 2,526 12 5,098 00 468 61 431.92 391 48 5,171 47 461 04 482 81 98 04 150 00 15.00 15.00 6,930 29 46 32 2,169 60 75 00 6,045 22 94 48 100.00 15 00 33,202 33 33,202 33 130.00 33 29 36.02 50.00 1,498.61 7,345 00 201 98 223 74 511.28 1,414 91 677 49 309,947.35 1,034 90 1,476 58 37,017 98 33,038 90 1,194.52 44,711 25 25,445.62 568 91 126.20 55 38 714 58 79.10 Page 8 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAYLORS WATER SERVICE TD CANADA TRUST PROPERTY TAX DEPARTMENT TECHNICAL STANDARDS & SAFETY AUTHORITY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TESKEY,BERNADETTE THE PRINTING HOUSE LTD THE REVIEW THE SENIORS REVIEW THUSUSKA,JEFF TIM HORTONS STORE #30 TOROMONT TOROMONT TOROMONT TOTH,STEVE TRACTION HAMILTON TRACTION HAMILTON TRACTION HAMILTON TRANSAXLE PARTS (HAMILTON) INC. TRENDLE,BEN TRENDLE,BEN TUFF BOYS PLOW AND LANDSCAPE TWARDAWSKY,NICK UNISAN UNITED WAY UPPER CANADA CONSULTANTS URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URGENT CARE NIAGARA - NIAGARA FALLS URGENT CARE NIAGARA - NIAGARA FALLS VADIM COMPUTER MANAGEMENT GROUP LTD VIKING CIVES LTD VIKING CIVES LTD W E. ENTERPRISES LIMITED WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WALSH,MARIA WARREN, DEBBIE WARRINER,LESLIE WASTE MANAGEMENT WEBB,DAVE WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTBURNE RUDDY ELECTRIC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHAN,HOWARD WHITE, PATRICK WHITING EQUIPMENT SERVICES COMPANY LTD WILLETT,WAYNE WILSON,DAN WILSON,STEVE WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WOMEN'S PLACE OF SOUTH NIAGARA INC WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WORK EQUIPMENT LTD WSIB WSIB Cheque No. Cheque Date 353821 28- Mar -2012 353953 04- Apr -2012 353822 28- Mar -2012 353823 28- Mar -2012 353479 14- Mar -2012 353824 28- Mar -2012 353480 14- Mar -2012 353625 21- Mar -2012 353954 04- Apr -2012 353955 04- Apr -2012 353825 28- Mar -2012 353605 21- Mar -2012 353626 21- Mar -2012 353810 28- Mar -2012 353826 28- Mar -2012 353481 14- Mar -2012 353482 14- Mar -2012 353627 21- Mar -2012 353827 28- Mar -2012 353828 28- Mar -2012 353483 14- Mar -2012 353628 21- Mar -2012 353829 28- Mar -2012 353956 04- Apr -2012 353629 21 -Mar -2012 353957 04- Apr -2012 353830 28- Mar -2012 353958 04- Apr -2012 353849 04- Apr -2012 353959 04- Apr -2012 353630 21- Mar -2012 353484 14- Mar -2012 353631 21 -Mar -2012 353960 04- Apr -2012 353632 21- Mar -2012 353831 28 -Mar -2012 353633 21- Mar -2012 353485 14 -Mar -2012 353961 04- Apr -2012 353836 28- Mar -2012 353487 14- Mar -2012 353635 21- Mar -2012 353486 14- Mar -2012 353634 21- Mar -2012 353962 04- Apr -2012 353832 28- Mar -2012 353833 28- Mar -2012 353835 28- Mar -2012 353834 28- Mar -2012 353637 21- Mar -2012 353488 14- Mar -2012 353638 21- Mar -2012 353837 28- Mar -2012 353963 04- Apr -2012 353489 14- Mar -2012 353838 28- Mar -2012 353964 04- Apr -2012 353965 04- Apr -2012 353839 28- Mar -2012 353966 04- Apr -2012 353967 04- Apr -2012 353840 28- Mar -2012 353490 14- Mar -2012 353841 28- Mar -2012 353491 14- Mar -2012 353639 21- Mar -2012 353968 04- Apr -2012 353842 28- Mar -2012 353419 14- Mar -2012 353740 28- Mar -2012 353492 14- Mar -2012 353969 04- Apr -2012 353640 21- Mar -2012 353970 04- Apr -2012 Purpose SERVICES SERVICES ADVERTISING SERVICES REFUND CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS ADVERTISING ADVERTISING REFUND MATERIALS VEH ID# 203 VEH ID# 202 VEH ID# 571 TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE TRAVEL/MILEAGE CONTRACT SERVICES TRAVEUMILEAGE MATERIALS PAYROLL REMITTANCE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES SERVICES SERVICES SERVICES VEH ID# 682 VEH 10# 86 VEH ID# 164 SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MAINTENANCE /REPAIRS TRAVEUMILEAGE REFUND TRAVEUMILEAGE SERVICES GRANT GRANT MATERIALS MATERIALS MATERIALS GRANT MATERIALS MATERIALS VEH ID# 295 VEH ID# 300 REMITTANCE REMITTANCE Amount 982 59 734 50 2,201 73 62 00 5,000.00 305.11 23.71 146 89 23 71 560.03 15 00 439.57 6,836 66 1,356 00 150.00 61 12 781.98 2,401 25 393 24 52 52 510 53 85.77 385 44 258 04 59 41 45 00 1,143.56 60 84 583 58 2,149.05 5,432 81 22,600 00 10,735 00 18,001 19 250 00 125 00 2,175 25 3,638 27 746 53 148 67 113.45 408.77 3,724 21 1,708 88 3,355 26 15 00 15.00 15 00 15.00 108.27 190.00 4.045.12 2,308 88 2,038.57 279 11 15 00 45.00 3,332 37 45.00 150 00 45 00 65 00 28,500 00 28,500 00 2,395.60 687 09 1,577 98 1,612.50 450 00 328 24 470 54 1,559 38 27,445.24 11,588 63 Page 9 of 9 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name WSIB WYLIE,BRENDA WYLIE,BRENDA YARNELL OVERHEAD DOORS LTD YARNELL OVERHEAD DOORS LTD YELLOW PAGES GROUP YELLOW PAGES GROUP YMCA YMCA YMCA YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEP SALES & SERVICE OF CANADA Cheque No. Cheque Date 353971 04- Apr -2012 353493 14- Mar -2012 353843 28- Mar -2012 353641 21- Mar -2012 353972 04- Apr -2012 353494 14- Mar -2012 353973 04- Apr -2012 353642 21- Mar -2012 353844 28- Mar -2012 353974 04- Apr -2012 353975 04- Apr -2012 353495 14- Mar -2012 353643 21- Mar -2012 353976 04- Apr -2012 Purpose Amount PAYROLL REMITTANCE PETTY CASH PETTY CASH MATERIALS MAINTENANCE /REPAIRS ADVERTISING ADVERTISING SERVICES SERVICES SERVICES GRANT VEH ID# 919 VEH ID #910 MATERIALS 1,210 27 746.83 404.73 384.77 163.85 53.85 65 82 4,677.39 1,644 32 2,066 43 4,277 75 862 45 801 45 562 19 Total 37,284,901.89 L- 2012 -09 Niagararalls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2012 -09 1720679 Ontario Limited (Menechella) Encroachment Agreement with the City 4955 Clifton Hill (Dave & Buster's) Our File No.: 2010 -130 RECOMMENDATION 1. That 1720679 Ontario Limited (the "Owner ") be permitted to encroach onto City - owned lands abutting 4955 Clifton Hill, as illustrated in the attachments to this Report. 2. That the Mayor and Clerk be authorized to execute the required Encroachment Agreement. EXECUTIVE SUMMARY The business located at 4955 Clifton Hill has requested that it be allowed to place a revolving sign on its building and as a result of the design of the sign a portion of it (the "Encroachment "), will encroach onto Clifton Hill. BACKGROUND A request has been received from the Owner of 4955 Clifton Hill for the City to permit the encroachment of a sign located at 4955 Clifton Hill, over Clifton Hill. The proposed encroachment is planned to be located well above the travelled part of the roadway (sidewalk) and will not interfere with the travelling public. The encroachment is the prow of a ship motif that forms a part of the signage for the building located a 4955 Clifton Hill. The Encroachment Agreement is the standard agreement used by the City in dealing with encroachments and provides that an annual fee of $2.00 be paid to the City by the Owner. The Owner is also required to provide the necessary insurance, as well as provide for the cost of the preparation of the Encroachment Agreement. April 24, 2012 - 2 - LIST OF ATTACHMENTS • Encroachment Agreement • Illustration of extent of encroachment Recommended by: Respectfully submitted: KB Attachments L- 2012 -09 Ken Beaman, City Solicitor Ken'Todd, Chief Administrative Officer THIS AGREEMENT made this 13`" day of June, 2011 BETWEEN: 1720679 ONTARIO LIMITED Hereinafter called the "Encroacher" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" of the FIRST PART of the SECOND PART WHEREAS the Encroacher is the owner of certain lands in the city of Niagara Falls being more particularly described as f rstly in Schedule "A" annexed hereto and forming part of this agreement and on which is situate a building, municipally known as 4955 Clifton Hill (the "Building "); AND WHEREAS the City is the owner of certain lands in the city of Niagara Falls being more particularly described as secondly in said Schedule "A" annexed hereto (the "City's Lands "); AND WHEREAS the Building encroaches upon the City's Lands, which encroachment is more particularly described as thirdly in Schedule "A" annexed hereto and as illustrated in the Reference Plan attached as Schedule "B "; AND WHEREAS the parties have agreed to permit the continuation of the said encroachment for the life only of the Building as more particularly set forth herein. NOW THEREFORE in consideration of the one time payment of TWO DOLLARS ($ 2.00) and other good and valuable consideration, the parties hereto mutually covenant, promise and agree as follows: The encroachment of the Building onto the City's Lands shall be deemed to have been made, and the continuance of the said encroachment shall be deemed to be, with the express licence and consent of City and with the intent that the Encroacher shall not acquire any easement or right in respect thereof save as created herein. It is further understood and agreed that the encroachment by the building shall continue for the life only of the Building and upon removal or demolition of the Building the encroachment shall, at the request of the City and at the Encroacher's cost, be removed and the Encroacher shall restore the City lands to its original condition or equivalent. The Encroacher further covenants and agrees to maintain its encroachment in good repair at all times to the reasonable satisfaction of the City. 4. The Encroacher further covenants and agrees to indemnify and save City harmless from and against all losses, claims, damages or injuries (including death) which City may suffer or be put to by reason of the encroachment, its construction, existence, repair or maintenance or resulting therefrom in any way whatsoever. The Encroacher agrees to take out and keep in force a Commercial General Liability insurance policy, satisfactory to the City Solicitor, with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Encroacher to the City under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Encroacher to raise the minimum amount of coverage and shall so advise the Encroacher in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy, showing the amended coverage. Failure of the Encroacher to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the subject lands, in the event of an emergency and the Encroacher covenants and agrees that such removal shall be at the Encroacher's expense. It is further agreed that this agreement or notice thereof shall be registered against the title of the lands to the parties hereto. 7. This Agreement shall be read with all changes of gender and number required by the context. 5. The City may terminate this agreement upon 30 days notice, in writing, to the Encroacher as to its intention to terminate. 9. Upon termination of this agreement, the Encroacher shall remove entirely, at its sole expense, the Encroachment from the City lands. 10. If the Encroacher is in default or breach, at the Encroacher's expense, and the City shall be permittedto recover the expenses incurred in remedying the default or breach from the Encroacher by adding the expenses to the Encroacher's municipal taxes to be collected in accordance with the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor Legislation thereto. 11. The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 13. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 13. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and in the case of registered post, on the third day, which is not a holiday, following posting. If to the Encroacher: 1720679 Ontario Limited 6700 Fallsview Boulevard Niagara Falls, ON L2G 3W6 Attention: Mr. Cannen Menechella - 3 - If to the City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Legal Services Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 Any such notice shall be deemed to have been given or received, if delivered, on the day on which it was delivered if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of delivery; and if sent by facsimile, on the day on which it was transmitted if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of transmission. Either party may change its address for receipt of notices hereunder by giving notice thereof to the other party in accordance with this Section 13. For purposes of this Section 13, "business day' means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario. IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations. 1720679 ONTARIO LIMITED Name: Title: N ame: Title: THE CORPORATION OF THE OF NIAGARA FALLS Name: James M. Diodati Title: Mayor Name: Dean Iorfida Title: City Clerk - 4 - SCHEDULE "A" to an Agreement dated this 13'h day of June, 2011 between 1720679 ONTARIO LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS Firstly: Pt. Lt. 102 Plan 1002 Town of Niagara Falls: Pt. Lt. 106 Plan 1002 Town of Niagara Falls as in RO669735. Secondly: Clifton Hill Plan 1002 Town of Niagara Falls; Pt. Part 6 Plan 234 Niagara Falls as in RO 1 14100 being Clifton Hill (formerly Ferry Road & aka Clifton Hill Road) lying between Victoria Avenue and River Road as confirmed by BA42. Thirdly: Part of Clifton Hill (formerly Ferry Road) being Part 1 on Reference Plan 59R- 14471. All in the City of Niagara Falls, in the Regional Municipality of Niagara. - 5 - SCIIEDtLf, "D" X011 I3a, day of jnne. to an Ab eeme °� dat between A�� S and NAG Age F CO�PORP,T10N O f gef etence Flan 59R,XA4'1 t �Xee't ]]7%XJ07&'e�1.iN�tic�, eMJIJIN�: �1v v7 soou —eber9 VUT - MW- 2012 -19 Niagaraialls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -19 Kalar Road Municipal Class Environmental Assessment Study Westwood Street to Lundy's Lane Final Report and Recommendation RECOMMENDATION 1. That the City Council adopt the recommendations set out in the Environmental Study Report for the Kalar Road Class Environmental Assessment Study; 2. That staff be directed to advertise the Notice of Study Completion as set out in the Municipal Class Environmental Assessment process. EXECUTIVE SUMMARY Delcan Corporation was awarded the contract (MW- 2011 -48) to provide the necessary services to complete the environmental assessment process as set out in the Municipal Class Environmental Assessment in November 2011. This process resulted in a preferred option recommending a proposed road section of four lanes, bike lanes, turn lanes and sidewalks. The road alignment has been shifted westerly to minimize issues related to utility locations and residential driveways. The preferred solution will require some property acquisition and utility relocation. A Public Information Centre will be advertised and held later this year. The purpose of this report is to inform Council that the EA process is nearing completion and that the Notice of Study Commencement will be filed thereby initiating the 30 day appeal period. BACKGROUND This is the last remaining section of Kalar Road scheduled to be widened due to the growth related pressures that have dramatically increased traffic volumes in this area. Kalar Road immediately south of the subject area was widened to a four lane section in 2008 while the section from Lundy's Lane to Beaverdams Road is currently in design , four lane road section, and expected to be under construction this year. It is therefore imperative that this process be completed this summer to ensure that it can proceed to construction and mitigate the impacts of traffic congestion. April 24, 2012 - 2 - MW- 2012 -19 The report gives a general description of the study area and a brief overview of the study process. It then describes the background and purpose of the study identifying key issues and constraints. Alternative solutions are then developed identifying the evaluation criteria for each. Each alternative is then evaluated with a preferred alternative being identified. Following the public meeting, comments submitted by the residents and agencies were reviewed and final adjustments were completed in developing the preferred design. ANALYSIS /RATIONALE The Municipal Class Environmental Assessment process is one that reviews the environmental affects of a project while engaging the public for response to the various options available to address project requirements. The preferred option addresses public concerns while balancing funding constraints and long term maintenance requirements. FINANCIAL /STAFFING /LEGAL IMPLICATIONS This is part of the on -going process necessary to complete the Kalar Road Environmental Assessment which was included in the 2011 Capital Budget. The timing of construction is dependant on staff's ability to work through the appeal process (if any) and to resolve property acquisition and utility relocation issues over the course of the summer. Funding for this project was pre- approved by Council last December (F- 2011 -61). CITY'S STRATEGIC COMMITMENT Implementation of this project meets with the intent of Council's strategic priorities to establish infrastructure investment opportunities and to strengthen and promote economic development within the City including alternative service delivery models. LIST OF ATTACHMENTS 1. Location Plan 2. Evaluation Summary - Recommended Alternative 3. Cross Section Recommended by: Respectfully submitted: Rick Volpini /Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer K: ------__�/ H a U c O U Oen 0 co cc CI Q > *c 0 c cc. C C 4.1 0 a Ck O 0 y W O r 141 Z 2N Q CU 20 ct3 N W Ln L- W3 a 0o E N 0 U WQ ) IT -. ce N 00 lii ~W)v 0 Li Co O Z N R Z z Z F- O�Q Q �Z w > Z o J I V A UATION CRITERI 0 C6 a) g W 0 O E ° E 0 F) U �) O c fo it ° 0 E ui .2 n Tu N U a > O 0 O ) a) E -o 0 CD .c U m0 ° a O a) • 0 1). U O o 0 0 U > c o C 0) U c E E 4.1 vim- -0 0 • • 0) c N 1 a) U w C a) a a) .2 O ° 5 a) N 0 co • > >, '15 0. c (n o.20 O 0 0) Z E a) a3 0 a) a tl) 0 a) N o O co @ cc •o .2 C ? N 0) °0.0) N ` c F- Q 3 01 • c W O o a) E co 2 5 0) c o a °' To o"' o 0 0 E 0 . CO CI IP. 40 h + cCwU No impacts to archaeological resources. • 0! 0 o 0 0 5 404 4 tD 0 Q1 U co E E .m To t32 NATURAL ENVIRONME 1 • 0 0.) 0. E• IL a.0 i) c -0 w F 5 u� 5 'o c a Ooas v 3 2 • 0 a) a too U c O 05 c Vl U a O_ N E O .S U C � ti ti 0 U Not Recommended 1 EVALUATION SUMMARY ADDENDUM TO THE 2004 ENVIRONMENTAL STUDY REPORT FOR KALAR ROAD (FROM MCLEOD ROAD TO WESTWOOD STREET) MARCH 2012 NiagaraJ-ulls Figure 6.1 - Typical Cross Section (Westwood Street to South of Catalina Street) laBorder en •I~ Sn AIM m,Im JSmLuce O^5 Cu. k m 9 Irnar �'BSk. l ine 4 THROUGH LANES / URBAN CROSS SECTION / BIKE LANES 350 ,am )B Metre R.O.W. 5m Wm 15m Lane 13.12m4 ,5m *I. Bwpan. Roues. Bm.e. Im001 Varies) Figure 6.2 - Typical Cross Section (South of Catalina Street to South of Lundy's Lane) 4 THROUGH LANES / 1 LEFT TURN LANE / URBAN CROSS SECTION 1 BIKE LANES Io 5..bl y! Figure 6.3 - Typical Cross Section (Lundy's Lane Intersection) 4 THROUGH LANES (1 LEFT TURN LANE / URBAN CROSS SECTION / SHARED -USE LANES 6.8 Utilities Reconstruction of the subject portion of Kalar Road has the potential to impact the following utilities: Niagara Peninsula Energy Inc. Road widening will require some existing hydro poles and overhead wires to be relocated behind the proposed concrete curb and gutter. 50 MANAGED (OMPAIIIf Page 12 .3e%an MW- 2012 -20 NiagaraJnlls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -20 DWQMS Operational Plan Annual Submisson RECOMMENDATION 1) That City Council as Owners of the Niagara Falls Water Distribution System endorse the Drinking Water Quality Management System Operational Plan, and 2) That staff be authorized to make the appropriate application to the Canadian General Standards Board. EXECUTIVE SUMMARY In accordance with the Safe Drinking Water Act, 2002 the City of Niagara Falls is required to apply for an annual audit of the drinking water system operations, to be performed by the Canadian General Standards Board. This is to be by surveillance or desktop because the City received an on -site audit in 2011. The audit will be performed by the Canadian General Standards Board (OGSB). BACKGROUND In 2011, the City obtained its full scope accreditation from the Canadian General Standards Board. This means that the City has met all the requirements of the Safe Drinking Water Act, 2002 and is now a fully accredited operating authority. In order to maintain accreditation, the City must submit and have reviewed its operational plan. ANALYSIS AND RATIONALE Since its inception, staff has annually reviewed the operational plan and continue to adjust processes and procedures based on internal practices and new practices. Practices are reviewed via Risk Assessments, Infrastructure Reviews and Drinking Water System Desktop Emergency Response and Reaction Training. The DWQMS requires staff to document how the Niagara Falls Drinking Water System operates, and ensure consistent operation on a daily basis. By documenting and reviewing the operations of the system, the accreditation body can then ensure that all requirements of the DWQMS are met, ensuring compliance. April 24, 2012 - 2 - MW- 2012 -20 It should be noted, that this is will be the last time the City will be submitting documentation to the Canadian General Standards Board. The Ministry of the Environment has decided to terminate the contract with the Canadian General Standards Board. A new accreditation body has yet been identified. FINANCIAL /STAFFING /LEGAL IMPLICATIONS By submitting the Operational Plan, it will allow the City to remain in good standing with the Canadian General Standard Board, Ministry of the Environment and remain in compliance with the Safe Drinking Water Act, 2002. Remaining in good standing and compliant with the Safe Drinking Water Act, 2002 will allow Staff to continue to promote the safe, high quality drinking water available to all who turn on their tap; residents and visitors alike. CITY'S STRATEGIC COMMITMENT This report is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS 1. Operational Plan Recommended by: Respectfully submitted: James Sticca Geoff Holma , Dir-r' or o Municipal Works Ken Todd, Chief Administrative Officer Niagara ail: The Corporation of the City of Niagara Falls City of Niagara Falls Water Distribution System Operational Plan Niagaraatrlls CITY OF NIAGARA FALLS DRINKING WATER QUALITY MANAGEMENT SYSTEM: OPERATIONAL PLAN 1.0 Quality Management System 1.1 Purpose 1.2 Scope 1.3 Definitions 2.0 Quality Management System Policy 3.0 Commitment and Endorsement 4.0 Quality Management System Representative 5.0 Document and Records Control 5.1 Control of Documents 5.2 Control of Records 6.0 Drinking Water System 6.1 General 6.2 Niagara Falls Water Treatment Plant (WTP) 6.3 Niagara Falls WTP Source Water 6.4 Niagara Falls DWS 6.5 System Crosspoints and Interconnections 6.6 Description of Niagara Falls DWS Water Source 6.7 Common Event - Driven Fluctuations 6.8 Operational Challenges 7.0 Risk Assessment 8.0 Risk Assessment Outcomes 9.0 Organizational Structure, Roles, Responsibilities and Authorities 9.1 DWQMS Organizational Structure 9.2 DWQMS Roles, Responsibilities and Authorities 10.0 Competencies 11.0 Personnel Coverage 12.0 Communications 13.0 Essential Supplies and Services 14.0 Review and Provision of Infrastructure 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal 15.1 Infrastructure Maintenance Programs 15.2 Infrastructure Rehabilitation & Renewal Programs 16.0 Sampling, Testing and Monitoring 17.0 Measurement and Recording Equipment Calibration and Maintenance 18.0 Emergency Management 19.0 Internal Audits 20.0 Management Review 21.0 Continual Improvement TABLE OF CONTENTS 1 1 1 1 3 4 5 6 6 7 8 8 9 9 9 10 11 11 11 12 13 14 14 14 15 16 17 18 19 20 20 25 26 27 28 29 30 31 ff-1/4 NiagaraM4 CITY OF NIAGARA FALLS DRINKING WATER QUALITY MANAGEMENT SYSTEM: OPERATIONAL PLAN LIST OF FIGURES Figure 9 -1: DWQMS Organizational Chart 14 Figure 14 -1: DWQMS Infrastructure Review 19 LIST OF TABLES Table 6 -1: Niagara Falls WTP Source Water Characteristics 9 Table 6 -2: Niagara Falls DWS Connections 10 Table 13 -1: Quality Assurance Review - Vendor Rating Criteria 18 LIST OF APPENDICES Appendix A: DWQMS System -Level Procedures and Supporting Documentation Appendix B: DWQMS Risk Assessment Results Appendix C: Procedures for Critical Control Point Monitoring and Response Appendix D: Niagara Falls Emergency Response Procedures Manual for Drinking Water Niagarafnlls Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP -001 -001 1.0 Quality Management System 1.1 Purpose The purpose of this Operational Plan is to document the City of Niagara Falls' Drinking Water Quality Management System (DWQMS). The DWQMS provides a set of procedures, monitoring tools and evaluative methods that document the City's efforts to ensure that clean, safe and reliable drinking water is supplied to all of its customers. This Operational Plan was developed in alignment with the requirements of the Ministry of the Environment's Drinking Water Quality Management Standard and the accompanying Guidance Document'. 1.2 Scope This Operational Plan applies to all drinking- water - related operations at the City of Niagara Falls. The contents of the DWQMS Operational Plan include the following: Part Title Part DWQMS Operational Plan Summary Report Main Report DWQMS S stem -Level Procedures and Su..ortin. Documentation A••endix A DWQMS Risk Assessment Results Appendix B Procedures for Critical Control Point Monitorin. and Res.onse A..endix C Water Operations — Contingency Plan Appendix D 1.3 Definitions CGSB City Canadian General Standards Board. The CGSB has been appointed as the MOE's Accreditation Body for DWQMS auditing. City of Niagara Falls Critical Control A point or step in a process at which a control can be applied in Point (CCP) order to prevent a hazardous event from occurring, eliminate a hazard, or reduce the hazard to an acceptable level. DWQMS Drinking Water Quality Management System DWS Drinking water system DWS Vendor Supplier or service provider that provides a product or service related to the water distribution system Hard -Copy Paper copy of a document MOE Ministry of the Environment. The MOE developed the DWQMS Standard and requires select Ontario municipalities & utilities to develop and implement a DWQMS as a component of the Municipal Drinking -Water Licence Program. "Implementing Quality Management: A Guide for Ontario's Drinking -Water Systems." Ministry of the Environment, July 2007. This document is CONTROLLED unless otherwise noted. Rev 2, Page 1 DO NOT PHOTOCOPY Niagara /a /is Drinking Water Quality Management System: Operational Plan MW-ES-DWS-OP-001-001 Operator -in- Charge (OIC) Overall Responsible Operator (ORO) Owner QMS Region Soft -Copy SOP Top Management Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 25 (SDWA) and as per applicable City procedures and guidelines. Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 23 (SDWA) and as per applicable City procedures and guidelines. Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. The Chief Administrative Officer has been identified as an Owner Representative. Quality Management System Niagara Region Electronic copy of a document Standard Operating Procedure Person(s) at the highest management level within the Operating Authority that makes decisions respecting the DWQMS and recommended actions to the Owner regarding the DWS. For the City of Niagara Falls, Top Management has been identified as the the Director of Municipal Works. This document is CONTROLLED unless otherwise noted. Rev 2, Page 2 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagara ans MW- ES- DWS -OP- 001 -001 2.0 Quality Management System Policy The City of Niagara Falls owns and operates the Niagara Falls drinking -water distribution system (DWS #260002304). The City of Niagara Falls has adopted the Environmental Services Mission Statement (MW- ES- DWS -V/S- 001 -001) as its quality management system policy. This is an integrated policy statement that applies to both Water & Wastewater Operations2. With respect to Water Operations and the DWQMS, the City's Mission Statement is as follows: "Environmental Services, a combination or Water and Wastewater Services, strives to protect human health, the environment and public property in the City of Niagara Falls, in compliance with legislation and regulations and in an efficient, effective manner. Water Services: Providing a reliable and dependable drinking water system delivering safe, potable water; Maintaining and continuously improving the City's Drinking Water Quality Management System (DWQMS)." The City of Niagara Falls' Environmental Services Mission Statement (MW-ES- DWS -V1S- 001 -001) has been approved by the Owner and Top Management of the DWS3 and is endorsed along with this DWQMS Operational Plan. The Mission Statement is posted internally at both City Hall and the Municipal Service Centre. The Mission Statement is also posted on the City's website for public viewing. 2 The Wastewater components of the Environmental Services Mission Statement (MW -ES- DWS -VIS- 001 -001) fall outside of the scope of the DWQMS and are not auditable. 3 Community Services Committee Report #CAO- 2008 -04, September 22, 2008 This document is CONTROLLED unless otherwise noted. Rev 2, Page 3 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagara��alls MW- ES- DWS -OP- 001 -001 3.0 Commitment and Endorsement This Operational Plan has been reviewed and approved by the City of Niagara Falls' Mayor, Council and Operating Authority Top Management. A resolution was passed by Council endorsing the Operational Plan and its contents on April 24, 2012 as per Report to Council MW- 2012 -XX DWQMS Operational Plan Re- Submission (see Appendix A). This document is CONTROLLED unless otherwise noted. Rev 2, Page 4 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagara /41/1s MW- ES- DWS -OP -001 -001 4.0 Quality Management System Representative The Department of Municipal Works' DWQMS Coordinator has been appointed as the Quality Management System Representative for the City of Niagara Falls' DWQMS, and has been granted the authority to carry out all of the duties associated with this role. In addition to other components of his role, the DWQMS Coordinator holds the following responsibilities as QMS Representative: • Ensuring that the DWQMS is established, implemented and maintained; • Reporting to Top Management regarding the status and performance of the DWQMS and any need for improvement; • Ensuring that current versions of DWQMS documentation are in use at all times; • Ensuring that staff are aware of all applicable legislative and regulatory requirements that pertain to their duties in the operation of the City's drinking -water system; and • Promoting awareness of the DWQMS throughout the Operating Authority. This document is CONTROLLED unless otherwise noted. Rev 2, Page 5 DO NOT PHOTOCOPY Niagara] ails Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP- 001 -001 5.0 Document and Records Control 5.1 Control of Documents A procedure has been developed that outlines document control processes for the Operating Authority. The purpose of DWQMS Control of Documents (MW -ES -DWS- PRO - 002 -001 — see Appendix A) is to provide a controlled process for the creation, modification, review, approval, distribution, retrieval and protection of DWS - related documentation at the City of Niagara Falls. DWS - related documentation is identified using a unique numbering system specified in DWQMS Control of Documents (MW -ES -DWS- PRO - 002 -001). The task of creating internal DWS - related documentation is delegated to an appropriately - qualified Municipal Works staff member according to the staff member's level of expertise in the subject matter to be documented. When a draft document has been prepared, it is reviewed and approved as specified in DWQMS Control of Documents (MW -ES -DWS- PRO - 002 -001). Revisions to existing documentation are completed by the Document Author and reviewed and approved as specified in DWQMS Control of Documents (MW -ES -DWS- PRO - 002 -001). Master copies of documentation are signed by the Document Author and the Final Approver and provided to the DWQMS Coordinator. The DWQMS Coordinator ensures that all hard - copy and soft-copy master documents are safely stored and protected from damage, deterioration and unintended circulation. As documentation is revised, any old master hard - copies are disposed of and replaced with the new version; soft - copies of documentation are archived and retained as specified in the DWQMS Record Control Matrix (MW-ES- DWS -LM- 003 -001). The DWQMS Coordinator creates a read -only version of the electronic document and saves it to the City's U: drive (U: \DWQMS). Operating Authority staff members who have computer accesses /logins can view soft - copies of documentation at this location. Electronic copies of master documentation are controlled by the DWQMS Coordinator and are protected from distribution or editing. The DWQMS Coordinator prints the required number of controlled copies of the document and ensures that they are distributed according to the DWQMS Document Control Matrix (MW- ES- DWS -LM- 002 -001 — see Appendix A). Obsolete versions of documentation are marked as "OBSOLETE ", removed from circulation, and archived or shredded. This document is CONTROLLED unless otherwise noted. Rev 2, Page 6 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan !iiaga raJ a Its MW- ES- DWS -OP -001 -001 5.2 Control of Records A procedure has been developed that outlines record control processes for the Operating Authority. DWQMS Control of Records (MW -ES -DWS- PRO - 003 -001 — see Appendix A) specifies processes for the collection, identification, storage, maintenance, protection, retention and disposal of DWS - related records at the City of Niagara Falls. The DWQMS Coordinator holds responsibility for the oversight of record control processes. The DWQMS Record Control Matrix (MW- ES- DWS -LM- 003 -001— see Appendix A) lists DWS records managed under this procedure. Each record profile within the Matrix lists the record name, minimum record retention time, record owner (i.e., person responsible for the record), and physical form of storage including the storage location(s). Where required by legislation and /or regulations, DWS records are made available for review by customers and /or stakeholders. Once the indicated minimum retention time has been reached, drinking -water system records are destroyed. Records should be disposed by the end of the calendar year in which their minimum retention time elapses. This document is CONTROLLED unless otherwise noted. Rev 2, Page 7 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagarafalls MW- ES- DWS -OP- 001 -001 6.0 Drinking Water System 6.1 General The City of Niagara Falls owns and operates the Niagara Falls Drinking Water System (Niagara Falls DWS). This is a distribution system only; water treatment falls outside of the scope of City operations. The City receives its treated drinking -water from the Niagara Falls Water Treatment Plant (Niagara Falls WTP), which is owned and operated by the Regional Municipality of Niagara (Region). The Niagara Falls DWS distributes drinking water to approximately 28,000 households and 70,300 residents4 through approximately 450 km of City -owned and 65 km of Regionally - owned watermains. The service area is bounded by the Town of Niagara -on- the -Lake to the north, Garner Road to the west, Weinbrenner Road to the south, and the Niagara River to the east as shown in the Niagara Falls DWS Map (MW -ES- DWS -VIS -001 -002 — see accompanying CD). Letter of Understanding A "Letter of Understanding — Water Servicing" (March 22, 2007) exists between the Region and the City of Niagara Falls that documents activities and processes undertaken to ensure the continued supply, operation and delivery of water services to City residents and customers. This Letter of Understanding outlines the following: • Ownership of Infrastructure: The Region is understood to own and operate all drinking - water system infrastructure up to and including the first valve on any connections to Regionally -owned transmission mains. • Supply Requirements: Supply requirements are outlined including quantity of water to be delivered by the Region, system pressure requirements, and operation and continued supply. • Maintenance Requirements: Outlined requirements provide details of watermain break protocols, communication of system isolation and watermain flushing activities. • Water Quality Requirements: Details include potable water /drinking water quality requirements, water testing requirements, and requirements for sharing of test results and adverse water quality event notifications. It is stated that potable /drinking water quality shall meet or exceed all regulatory requirements, operational guidelines, and aesthetic objectives as detailed in the Ontario Drinking -Water Standards. • Emergency Response Requirements: Outlined are requirements for contingencies, responsibilities and support requests /contact list availability. Plans for Emergency Response Procedures must be shared with all parties and maintained and updated as required. Service population data as of November 2008. This document is CONTROLLED unless otherwise noted. Rev 2, Page 8 DO NOT PHOTOCOPY Niagarafalls Drinking Water Quality Management System: Operational Plan MW-ES-DWS-OP-001-001 6.2 Niagara Falls Water Treatment Plant (WTP) The Niagara Falls DWS receives its water from the Niagara Falls WTP. While the City is not responsible for the treatment of water, a description of the Niagara Falls WTP is included for informational purposes. Owned and operated by the Regional Municipality of Niagara, the Niagara Falls WTP is a water intake and treatment facility serving the City of Niagara Falls, the City of Thorold (via the City of Niagara Falls and the Region), and the Town of Niagara -on- the -Lake (also via the City of Niagara Falls and the Region). The facility is rated at a maximum capacity of 145ML /day. Raw water is introduced via a 1,200mm diameter intake pipe extending approximately 140m into the Welland River. Water treatment processes include pre - chlorination, conventional screening, coagulation, flocculation, sedimentation, filtration, ultra - violent disinfection and post - chlorination. The water then travels through a high -lift pumping station before transfer to the Region's transmission system. Two Regionally -owned water storage facilities, the Kent Avenue Reservoir and the Lundy's Lane Elevated Tank, store treated water for City distribution. 6.3 Niagara Falls WTP Source Water Raw water for the Niagara Falls WTP is drawn from the Welland River at the mouth of the Niagara River; this location is locally known as Chippawa Creek. The intake pipe is located at an approximate depth of 5.5m. Source water characteristics are outlined in Table 6 -1 as follows5: Table 6 -1: Niagara Falls WTP Source Water Characteristics Parameter Turbidity (NTU) pH Temperature ( °C) Minimum Maximum (based on 2009 data) (based on 2009 data) 6.4 Niagara Falls DWS 0.7 81.792 6.5 8.390 0.0 25.5 Average (based on 2009 data) 7.367 8.060 10.162 The Niagara Falls DWS includes two treated water storage facilities: the Lundy's Lane Elevated Tank (capacity: 2.455ML) and the Kent Avenue Reservoir (capacity: 20.4ML); the latter of these also houses a pumping and re- chlorination station. All of these storage and pumping facilities are owned and operated by the Region. The City of Niagara Falls does not complete any additional pumping, treatment or re- chlorination activities. 5 Source: Regional Municipality of Niagara This document is CONTROLLED unless otherwise noted. Rev 2, Page 9 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagararalls MW- ES- DWS -OP- 001 -001 The Region's Niagara Falls WTP connects to the City's DWS via three trunk watermains. These include a 675mm watermain that services the City's tourist area, a 750mm watermain that supplies the Lundy's Lane Elevated Tank, and a 1050mm watermain that supplies the Kent Avenue reservoir and services areas west of the QEW. Niagara Region owns and maintains a total of approximately 65 km of trunk watermain within City boundaries as referenced in the Niagara Falls DWS Map (MW -ES- DWS -VIS -001 -002). The Region has three chlorine booster stations located at Montrose Road (north of Lundy's Lane), Stanley Avenue (at Highway 405) and Brown Road (at Thorold Townline Road). The City operates two bulk water filling stations on Stanley Avenue: one is located at the Municipal Service Centre and the other is located at Chippawa Parkway and Stanley Avenue. The City does not complete any treatment or rechlorination activities. There are approximately 27,000 City -owned water meters in the Niagara Falls DWS. The City's DWS infrastructure includes approximately 440km of watermains, 3,060 fire hydrants and 4,600 valves. City watermains range in size from 25mm to 450mm, and approximately 97% of these are between 100mm and 300mm in diameter. An estimated 40% of the City's watermains are constructed in cast iron and an estimated 35% in poly vinyl chloride, with the majority of the remaining watermains constructed in ductile iron, asbestos cement or polyethylene. 6.5 System Cross Points and Interconnections The City of Niagara Falls' drinking water system includes the following Regional and intermunicipal connections as listed in Table 6 -2 below: Table 6 -2: Niagara Falls DWS Connections From Niagara Falls WTP (Regional) Niagara Falls DWS (City- Owned) Niagara Falls DWS (City- Owned) Niagara Falls DWS (City- Owned) Niagara Falls DWS (City- Owned) To Niagara Falls DWS (City- Owned) (over 110 connections as noted on map) Niagara -on- the -Lake DWS (Mewburn Road at City Limits) Bevan Heights DWS — Niagara -on- the -Lake (Niagara Townline Road at Melrose Drive) Niagara Region (Brown Road at Garner Road) — transmission to Port Robinson (City of Thorold) Niagara Region (McLeod Road at Montrose) — transmission to City of Thorold This document is CONTROLLED unless otherwise noted. Rev 2, Page 10 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagararalls MW- ES- DWS -OP -001 -001 6.6 Description of Niagara Falls DWS Water Source Treated water from the Niagara Falls WTP serves as the drinking -water source for the Niagara Falls DWS. The quality of the drinking water leaving the WTP must meet or exceed all regulatory requirements. Regional data reflecting turbidity and chlorine residual levels at WTP discharge is provided to the City on a weekly basis as per the "Letter of Understanding — Water Servicing" (see Section 6.1). 6.7 Common Event - Driven Fluctuations As the City of Niagara Falls is not responsible for water treatment, the City's operations are not directly impacted by fluctuations in raw water quality. Event - driven fluctuations affecting raw water quality, such as storms, do not typically affect the City's operation of the drinking -water distribution system as the impacts of these fluctuations are managed by the Region at the treatment stage. Water volume has not been an issue in past for the City. The Niagara River serves as the raw water source for the Niagara Falls WTP, and river levels do not fluctuate to a degree that would compromise WTP operations. The two Regionally -owned and operated treated water storage facilities provide a limited backup supply of treated water for the distribution system. In past summers, the City has occasionally experienced a decrease in levels of residual chlorine in the distribution system. The City has seen a significant improvement in chlorine residuals since the Region increased chlorine dosing at the Niagara Falls WTP and installed a chlorine booster station at the Kent Avenue Reservoir. Monitoring practices are in place to ensure that levels do not drop below regulatory limits. 6.8 Operational Challenges The City does not experience any significant operational challenges related to the fluctuations identified in Section 6.7 above. This document is CONTROLLED unless otherwise noted. Rev 2, Page 11 DO NOT PHOTOCOPY Drinking Water Quality Management System. Operational Plan Niagarafnlls MW- ES- DWS -OP- 001 -001 7.0 Risk Assessment A procedure has been created to describe the City of Niagara Falls' DWQMS Risk Assessment process. DWQMS Risk Assessment (MW -ES -DWS- PRO - 004 -001 — see Appendix A) documents the process for completing the City of Niagara Falls' DWQMS Risk Assessment, including the legislative, regulatory and internal requirements for this risk assessment and the criteria for assessing risk. Members of the City's Risk Assessment Team are outlined in DWQMS Risk Assessment (MW -ES -DWS- PRO - 004 -001). Before the risk assessment is initiated, the Risk Assessment Team reviews the description of the drinking -water system contained in the Operational Plan and identifies high -risk and /or high quantity users of drinking water in order to ensure their unique requirements are taken into account, where required, in completing the risk assessment. The Risk Assessment Team then examines the City's drinking water system for potential hazards6 that could compromise the performance of the system and /or the quality of the drinking water. The Risk Assessment Team evaluates each identified hazard against evaluation criteria outlined in DWQMS Risk Assessment (MW -ES -DWS- PRO - 004 -001). The Team assesses the likelihood of the occurrence of the hazard, the consequences of the hazard's effects, and the detectability of the hazard were it to occur. Using these three criteria, a Risk Rating is determined for each hazard. Hazards with greater Risk Ratings are evaluated to determine whether a Critical Control Point (CCP) can be established at the hazard location. Where a CCP is identified, critical control limits and monitoring /response procedures are developed to ensure that rapid action can be taken to eliminate or reduce the hazard when it is identified. Regardless of Risk Rating, any hazards relating to disinfection processes are identified as CCPs. The DWQMS Risk Assessment is reviewed annually by the DWQMS Risk Assessment Team. Once every three years, a new Risk Assessment is completed. Details of these reviews and reassessment processes are contained in DWQMS Risk Assessment (MW-ES- DWS -PRO- 004 -001). 6 For the purposes of this Section, "hazard" is understood to mean "hazard and/or hazardous event ". This document is CONTROLLED unless otherwise noted. Rev 2, Page 12 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagarafnlls MW- ES- DWS -OP- 001 -001 8.0 Risk Assessment Outcomes The City of Niagara Falls' DWQMS Risk Assessment was completed on May 13th, 2008. Results of the Risk Assessment are documented in Appendix B of this Operational Plan. All hazards' were identified, assessed and addressed according to Section 7.0 of this Operational Plan and the City's DWQMS Risk Assessment procedure (MW -ES -DWS- PRO - 004 -001). The City's Critical Control Limit Monitoring and Response SOPs can be found in Appendix C unless otherwise noted and include monitoring and response requirements for critical control limit exceedances. These SOPs are identified as follows: Watermain Break Repair (MW -ES -DWS- SOP - 011 -001) Winter Inspection — Black Ring Hydrants (MW -ES -DWS- SOP - 011 -012) Hydrant — Inspection, Flushing and Repair (MW -ES -DWS- SOP - 011 -014) Hydrant— Painting (MW -ES -DWS- SOP - 011 -015) Hydrant— Thawing Frozen Hydrants (MW -ES -DWS- SOP - 011 -016) Distribution System Pressure Model (MW -ES -DWS- SOP - 011 -035) Microbiological Sampling — Weekly Sampling (MW -ES -DWS- SOP - 012 -003) Chlorine Residual Sampling (MW -ES -DWS- SOP - 012 -004) Lead Sampling (MW -ES -DWS- SOP -012 -005) Suspected Backflow or Cross Connection (MW -ES -DWS- SOP - 014 -002) — see Appendix D 'For the purposes of this Section, "hazard" is understood to mean "hazard and /or hazardous event ". This document is CONTROLLED unless otherwise noted. Rev 2, Page 13 DO NOT PHOTOCOPY Niagara)=alls Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP -001 -001 9.0 Organizational Structure, Roles, Responsibilities and Authorities 9.1 DWQMS Organizational Structure The DWQMS Organizational Chart for the City of Niagara Falls' DWS is shown in Figure 9 -1 below. Figure 9 -1: DWQMS Organizational Chart Director, Municipal Works (Top Management) I ho Operations Superintendent Environmental Services Manager DWQMS Coordinator (QM Representative) ES Supervisor'- Water Operations Water Operations Staff ES Supervisor — Water Operations Water Operations Staff The DWQMS Organizational Chart is reviewed on an annual basis, and may be reviewed more frequently if significant organizational changes occur within the Operating Authority. 9.2 DWQMS Roles, Responsibilities and Authorities The DWQMS Roles, Responsibilities and Authorities Matrix (MW- ES- DWS -LM- 005 -001 — see Appendix A) outlines the roles, responsibilities and authorities of drinking -water system personnel at the City of Niagara Falls. The descriptions contained within this matrix are not intended to be comprehensive descriptions of Water Section roles within the City's Municipal Works Department; rather, the descriptions highlight only those responsibilities relating to the operation & maintenance of the City's drinking -water system. Job descriptions are to be observed as the primary source for inclusive summaries of the listed roles. This document is CONTROLLED unless otherwise noted. Rev 2, Page 14 DO NOT PHOTOCOPY /X+1r Drinking Water Quality Management System: Operational Plan N iaga raprIl s MW -ES -DW S -OP- 001 -001 10.0 Competencies A procedure has been developed to outline processes followed by Operating Authority staff in planning, scheduling and tracking training activities. DWQMS Competencies and Training (MW -ES -DWS- PRO - 006 -001 — see Appendix A) applies to staff performing work directly affecting drinking water quality (i.e., Certified Water Operators). The DWQMS Competencies Matrix (MW- ES- DWS -LM- 006 -001 — see Appendix A) outlines the competencies of those Operating Authority Personnel whose work directly affects drinking - water quality. The descriptions highlight only those required competencies relating to work affecting drinking -water quality; job descriptions are to be observed as the primary source of inclusive summaries for the listed positions. The DWQMS Coordinator is responsible for planning and scheduling training, and completes this exercise in consultation with Certified Water Operators. Training is planned and scheduled in alignment with the applicable requirements of O. Reg. 128/04. On an annual basis, Water Operators are consulted to identify training topics of interest. Training programs and courses are selected for staff based on training topic, location, and Operator training hour requirements. The DWQMS Coordinator maintains records of Operator training, and uses the City's "InfoHR" database program for this purpose. When training activities have been completed, the DWQMS Coordinator creates a training record in InfoHR that includes the number of training hours completed, the name of the training provider and the trainer, and the number of CEUs obtained (if applicable). InfoHR training records can be printed for review upon request. The DWQMS Coordinator also maintains a binder for each Operator that includes copies of training certificates, confirmations for upcoming training events, and other hard -copy records. Each Certified Water Operator at the City of Niagara Falls is required to complete the Ministry of the Environment's mandatory renewal course courses. Completion of this course is required in order to maintain Drinking Water Operator certification. The course focuses on the essentials of safe drinking water and the maintenance of drinking water quality by ensuring distribution system integrity, and ensures that Water Operators are aware of the relevance of their duties and how they affect safe drinking water. e Course is re- designed and re -named every 3 years. This document is CONTROLLED unless otherwise noted. Rev 2, Page 15 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan NiagaraFalls MW- ES- DWS -OP -001 -001 11.0 Personnel Coverage A documented procedure, DWQMS Personnel Coverage (MW -ES -DWS- PRO - 007 -001 — see Appendix A), has been developed to document the processes used by the City of Niagara Falls to ensure that adequate staffing & personnel coverage is maintained in order to effectively operate and manage the DWS. The procedure details measures to be followed during regular business hours as well as evenings, weekends and holidays. An Environmental Services Supervisor is appointed as the Primary ORO for the City of Niagara Falls' DWS. In the absence of the appointed Environmental Services Supervisor (i.e., due to training, vacation, illness, etc.), an appropriately - qualified Environmental Services Supervisor is appointed to act as an Alternate ORO for the City. Operator -in- Charge duties are assigned to qualified Certified Water Operators on a rotating basis. For any given date, the Operator -in- Charge is identified in the Operator logbook. Typically, Operator -in- Charge duties are assigned to an appropriately - qualified Environmental Services Supervisor. The Operating Authority operates one day shift only. Day shift hours of operation are Monday to Friday, 8:OOam — 4:OOpm. Certified Operators are identified in Certified Drinking -Water System Personnel (MW- ES- DWS -LM- 007 -001) along with the licence held by each operator. Environmental Services Supervisors are assigned on -call responsibilities on a weekly rotation from November to Mid -March (weather dependant) as per the DWS On -Call Schedule (MW- ES- DWS -LM- 007 -002). The On -Call Supervisor is contacted as required for after -hours issues, and assumes responsibility for contacting additional Water Operations staff as required for the after -hours response. Where required, staff are contacted for overtime as per the requirements of the Collective Bargaining Agreement. The Department may also request contractor assistance as needed. The City operates two bulk water filling stations; these sites are inspected on a weekly basis by qualified Water Operations staff. In the event of a labour disruption affecting the operation of the DWS, non - unionized staff with appropriate Drinking Water Operator Certifications will be assigned to operate the DWS. Additional contractual labour may be acquired to perform work under the supervision of Certified Water Operators, where required. This document is CONTROLLED unless otherwise noted. Rev 2, Page 16 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagaraynlls MW- ES- DWS -OP- 001 -001 12.0 Communications A procedure, DWQMS Communications (MW -ES -DWS- PRO - 008 -001 — see Appendix A), has been developed to outline the processes and methods used by the Top Management of the City of Niagara Falls' DWS Operating Authority in communicating with the Mayor and Council, Operating Authority staff, DWS Vendors, and the public on matters relating to the City's drinking -water system and drinking -water quality. DWQMS Awareness Training has been developed by the DWQMS Implementation Team on behalf of Top Management. This training is used as a tool to communicate fundamentals of the DWQMS to Operating Authority staff, and can be presented to other parties as required. Training includes details of the legislative framework of the DWQMS, the purpose and scope of the DWQMS, a review of the Environmental Services Mission Statement (MW- ES -DWS- V/S -001 -001), details of DWQMS roles and responsibilities, and other information. Details of this training are provided in DWQMS Awareness Training (MW -ES -DWS- PRO - 006 -002— see Appendix A). Top Management communicates the DWQMS to the Owner through presentations at Council Meetings and /or Committee of the Whole meetings, Reports or Update Documents to Council or to the Committee of the Whole, and informal day -to -day communications. Top Management communicates with Operating Authority staff in the operation and maintenance of the drinking -water system in a variety of ways, including but not limited to verbal communication, formal and informal written communication, the development and implementation of DWQMS procedures and policies, provision of DWQMS Awareness Training, communication at meetings, and communication of internal and external audit results. The Operating Authority completes the majority of its communication with DWS Vendors through the Environmental Services Manager. The Manager works with the DWQMS Coordinator and the City's Purchasing Department to coordinate communication with DWS Vendors. DWS Vendors whose products or services may affect drinking -water quality are identified and evaluated on an annual basis (refer to Section 13.0 of this Operational Plan). Top Management and the Operating Authority communicate with the public about the DWQMS via the City of Niagara Falls' website and through media releases. Copies of the DWQMS Operational Plan are also made available for public review at selected City offices. This document is CONTROLLED unless otherwise noted. Rev 2, Page 17 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan NiagarapaIts MW- ES- DWS -OP- 001 -001 13.0 Essential Supplies and Services The DWQMS Essential Supplies and Services procedure (MW -ES -DWS- PRO - 009 -001 — see Appendix A) describes the processes by which the City of Niagara Falls' DWS Operating Authority identifies the supplies and services that it deems essential to its water - related operations. The procedure also documents the process followed by the Operating Authority in verifying the quality of the supplies and services insofar as they impact drinking -water quality. The List of Essential DWS Supplies and Services (MW- ES- DWS -LM- 009 -001 — see Appendix A) lists Niagara Falls' drinking -water system essential supplies and services, identifies the primary Vendor (and alternate, where available), and specifies the mode of delivery, desired inventory levels, and reordering thresholds for supplies. The list also identifies the Operating Authority's minimum quality requirements for each essential supply or service. A Quality Assurance Review of all DWQMS essential supplies and services is undertaken at least once per year. During this review, Vendor performance and supply /service quality is assessed against the minimum quality requirements as identified in the List of Essential DWS Supplies and Services (MW- ES- DWS -LM- 009 -001). Each Vendor is rated according to the criteria listed in Table 13 -1 below. Table 13 -1: Quality Assurance Review - Vendor Rating Criteria Rating 1 (Good) 2 (Adequate) Criteria Vendor /product has relevant certifications (ANSI -NSF, AWWA, etc.). Minimal to no non - conformances have been issued relating to the vendor's performance or the quality of the supplied good /service. Vendor response to non - conformances is satisfactory. Vendor /product does not have relevant certifications (ANSI -NSF, AWWA, etc.). Several non - conformances have been issued relating to the vendor's performance or the quality /quantity of the supplied good or service. Vendor response to non - conformances requires improvement. 3 (Action Multiple non - conformances have been issued relating to the vendor's Required) performance or the quality /quantity of the supplied good or service. Vendor response to non - conformances is unsatisfactory. Wherever action is required with respect to a DWS Vendor (i.e., a rating of 3 is assigned), Top Management and any other affected Managers /Supervisors must be informed. Results of the QA Review are forwarded to Top Management along with any recommendations for Vendor non - conformances, Vendor continual improvement initiatives or Vendor exclusions. Non - conformances may be issued to DWS Vendors. Non - conformances are communicated to Vendors with requested date for response. Vendor nonconformance reports (with corrective actions) are reviewed on an annual basis as part of the Vendor QA Review. This document is CONTROLLED unless otherwise noted. Rev 2, Page 18 DO NOT PHOTOCOPY NiagaraJalls Drinking Water Quality Management System: Operational Plan MW-ES-DWS-OP-001-001 14.0 Review and Provision of Infrastructure A procedure has been developed to outline the process followed by the City of Niagara Falls in reviewing the adequacy of its drinking -water system infrastructure. DWQMS Review and Provision of Infrastructure (MW -ES -DWS- PRO -010 -001 — see Appendix A) provides details of the infrastructure review process, including review participants, input data and formation of recommendations as input to budgeting processes. The DWS infrastructure review process is shown in Figure 14 -1: Figure 14 -1: DWQMS Infrastructure Review Compile infrastructure review documentation v Assemble DWS Infrastructure Review Team Conduct annual DWS infrastructure review 1 Revise associated documentation W Report to Council Members of the City of Niagara Falls' DWS Infrastructure Review Team are listed in DWQMS Review and Provision of Infrastructure (MW -ES -DWS- PRO -010 -001). The DWS Infrastructure Review Team meets on an annual basis to review the previous year's operational history and proposed infrastructure rehabilitation plans for the subsequent year. Necessary documents compiled for the annual DWS Infrastructure Review meeting are listed in the DWQMS Review and Provision of Infrastructure (MW -ES -DWS- PRO -010 -001). Where deemed necessary, the DWQMS Coordinator may circulate selected documentation to the DWS Infrastructure Review Team in advance of the meeting for their review and consideration. Infrastructure replacement strategies are developed and prioritized based on known water quality issues and ability to maintain fire flows. Other criteria that may be considered include but are not limited to watermain break history, knowledge of watermain C- factor information, lack of redundancy in feeds to system areas, and /or coordination with other proposed infrastructure projects within the City (i.e., roadwork). A Municipal Works Asset & Infrastructure Report is prepared annually for the Owner. The DWS Infrastructure Review Report is provided to the Owner. This document is CONTROLLED unless otherwise noted. Rev 2, Page 19 DO NOT PHOTOCOPY Niagara] ails Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP- 001 -001 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal The City of Niagara Falls' DWS Operating Authority has established several infrastructure maintenance, rehabilitation and renewal programs to protect the integrity of its drinking -water system infrastructure and the quality of its drinking- water. 15.1 Infrastructure Maintenance Programs Table 15 -1 (following page) summarizes the drinking -water system infrastructure maintenance programs that are in place at the City of Niagara Falls. Infrastructure maintenance programs are completed according to the levels of service outlined in Table 15 -1. Deficiencies are corrected on a priority basis. Deficiencies in fire hydrant function are considered to be of high priority and are repaired as soon as possible. The City of Niagara Falls strives for continuous delivery of clean, safe drinking water. To this end, the City has established Operational Performance Indicators as a means of ensuring the continued performance of its infrastructure and the effectiveness of its maintenance programs. Table 15 -1 includes a summary of the Operational Performance Indicators established for each listed infrastructure component. Operational Performance Indicators are established based on unexpected failures in infrastructure, and do not include deficiencies discovered during the completion of routine maintenance programs. This document is CONTROLLED unless otherwise noted. Rev 2, Page 20 DO NOT PHOTOCOPY DWS Infrastructure Maintenance Programs — City of Niagara Falls T CD Tracking Method Work order system Work order system a) O E O > T Work order system Operational Performance Indicators • Less than 75 service interruptions permitted per year due to watermain breaks. • 8 hours permitted per watermain break event. • 20 service interruptions permitted per year due to water service breaks. • 8 hours permitted per water service break event. substandard services (i.e., galvanized, lead, 5/8" copper, cast -iron, etc.) • 100% of known lead water services to be replaced. • 8 hours permitted per water service replacement. ycai. • 2 valve chamber deficiencies permitted per required use. Level of Service Applicable Procedures Watermain Break Repair (MW-ES- DWS -SOP- 011 -001) k r r ago 0c�c0 , (/) ay CD c 1 � � CD w st Z3. Q SSV�WCtWoo 011 -019) Frequency As required by unplanned emergency events. As required by unplanned emergency events. a) c c co Q (0 Q wcanr At valve operation. Maintenance Activities Complete emergency watermain break repairs. Complete emergency water service repairs. services within road allowance. Inspect valve chambers for deficiencies. Infrastructure Component Watermains N a) U N a) m 06 > > N f9 l > 0 N ca m v) 0) 2 0 L O 0 oO O o (0 _ a7 Oc O E a) a) • E C C E m a a o- 22 N N_ a; .0 Vl co a) L cp H E 3 m may OL n H a) c E CTS E 0 CO C N a) cu c a�E U = • [0 .) O L O N C O E a c w• m wa a) � cn O O C a 0 a) > co N c L a) � � O N 0 U O c C U N cC a) E E c `o m E oa t m a_ c a O m O • m as0 o O U O 7 m N a) cu d N a) CC 0 C N L O N c 0 W J 0 ct Z 0 U m m 0 a L H DO NOT PHOTOCOPY Tracking Method Work order system • OE Y Q) O N of 1 OE Y N OO u1 > uu) Adverse Water Quality Incident records; Customer complaints Work order Operational Performance Indicator9 • 8 hours permitted per valve replacement or repair event. • 4 hours permitted per curb stop or curb box repair event. • 8 hours permitted per curb stop or curb box replacement event. • Zero adverse water quality incidents permitted as a result of low chlorine residuals. • 2 coloured water and /or turbidity complaints permitted per 100 hydrants flushed. • 6 hours permitted per hydrant Level of Service Applicable Procedures Distribution Valve Repair (MW -ES- DWS- SOP -011 -017) Distribution Valve Replacement (MW- ES-DWS- SOP -011- 018) Curb Box Repair — Dig Crew (MW-ES- DWS -SOP- 011 -020) Curb Box Repair - Hydrovac (MW-ES- DWS -SOP- 011 -021) Curb Stop Replacement (MW-ES- DWS -SOP- 011 -022) Hydrant Inspection, Flushing and Repair (MW-ES- DWS -SOP- 011 -014) Hydrant Inspection, Frequency As planned or as required by unplanned emergency events. 'O a) a) a) c u) Q '6 Q) a) a) c 0 Q Once annually. As required — resulting from Maintenance Activities Repair or replace valves. Repair curb stops and /or curb boxes. V U L O U -O a) c U co co N 0 —C-L 0 - X a) o cC N 0 Flush and inspect hydrants (City - owned). Repair damaged or malfunctioning V C CL O c U 0 n o ❑ 0 N �• N iL This document is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY X_ * Drinking Water Quality Management System: Operational Plan NiagaraJ'alls MW -ES -DW S -OP- 001 -001 Level of Service Infrastructure Operational Performance Tracking Component Maintenance Frequency Applicable Indicator9 Method Activities Procedures hydrants inspected Flushing and repair event. system defects or water Repair modelling (MW-ES- DWS -SOP- results. 011 -014) Replace As needed Hydrant • 2 working days permitted per Work order irreparable (usually Replacement hydrant replacement event. system hydrants. planned, but (MW-ES- DWS -SOP- may require 011 -037) emergency replacement). Inspect and drain/ Annually Winter Inspection — • 1 bagged hydrant permitted per Work order winterize black- (fall /winter) and Black -Ring 10,000 service population. system ring hydrants. after hydrant Hydrants • Zero frozen hydrants permitted at use during (MW -ES -DWS -SOP- time of use. winter months. 011 -012) Hydrant painting As needed. Hydrant— Painting • Zero hydrants permitted with Work order Minimum once (MW -ES -DWS -SOP- unmarked flow rates. system every 5 years. 011 -015) Blow -Offs Flush blow -offs. Once annually. Blow -Offs (MW -ES- • Zero adverse water quality Adverse Water DWS- SOP - 011 -007) incidents permitted as a result of Quality low chlorine residuals. Incident • 2 coloured water and /or turbidity records; complaints permitted per 100 Customer blow -offs flushed. complaints Water meters Inspect and repair Inspect meters Water Meter None identified. Work order water meters once annually. Inspections, system This document is CONTROLLED unless otherwise noted. Rev 2, Page 23 DO NOT PHOTOCOPY 1E) a.) c wE _ L c w m = o a m °>alo cnE -a — U = O Q U W(:=• 0 C as il2 4- I O Q /yW O a) U C 0 N O O 0 L LL c O 2 O � C m =U c (0 O E mo °a id th 0 E w a) co ro 1E) a.) c wE _ L c w m = o a m °>alo cnE -a — U = O Q U W(:=• 0 C as il2 4- I O Q /yW O a) U C 0 N O O 0 L LL c O 2 O � C m =U c (0 O E mo °a id th 0 E w a) co Niagara)'a11s Drinking Water Quality Management System: Operational Plan MW-ES-DWS-OP-001-001 15.2 Infrastructure Rehabilitation & Renewal Programs Table 15 -2 documents drinking -water system infrastructure rehabilitation and renewal programs in place at the City of Niagara Falls. Table 15 -2: DWS Infrastructure Rehabilitation & Renewal Programs — City of Niagara Falls Infrastructure Component Rehabilitation & Renewal Activities Water Meters (New Program) • Small Water Meter Replacement Program: Life cycle replacement of aging residential or small commercial meters (50mm or smaller). Residential and small commercial meters have a maximum life cycle of 15 years. Backflow Prevention Devices • Backflow Prevention Program in the development stage. Lead Service Replacement Program • 100% of lead service lines to be replaced up to customer property, as discovered. This document is CONTROLLED unless otherwise noted. Rev 2, Page 25 DO NOT PHOTOCOPY Niagaraf'alls Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP -001 -001 16.0 Sampling, Testing and Monitoring The DWQMS Sampling, Testing and Monitoring procedure (MW -ES -DWS- PRO - 012 -001 — see Appendix A) applies to all sampling, testing and monitoring conducted or delegated by the City of Niagara Falls' Operating Authority as required by the applicable regulations and /or for the operation of the drinking water system. This procedure describes the required distribution system sampling, testing and monitoring activities completed by City of Niagara Falls' Operating Authority Staff, including the types and numbers of samples required, frequency of sampling and Standard Operating Procedures to be followed. Sampling and monitoring requirements for the City's drinking -water distribution system are identified in DWQMS Sampling, Testing and Monitoring procedure (MW-ES- DWS -PRO- 012 -001). The procedure includes details of regulatory sampling requirements as well as sampling protocols relating to distri bution system construction or repair and sampling relating to customer complaints. As per O. Reg. 170/03, selected samples are required to be taken at a point in the system where conditions are most challenging. Where this is a requirement for the sample in question, sample location conditions are also specified in the procedure. Treated water is provided to the City of Niagara Falls by the Niagara Region; as such, the City's Operating Authority Staff are responsible for distribution system sampling as required by O. Reg 170/03. The Niagara Region is required to conduct raw water and treated water sampling activities. As per O. Reg. 170/03, Niagara Region is required to conduct raw water and treated water sampling activities. Related sampling requirements for the Region are outlined in O. Reg. 170/03 (in accordance with the Schedules applicable to a "Large Municipal Residential System" that uses surface water as source water). The City of Niagara Falls is responsible to complete distribution system sampling only. Results of selected Regional testing are shared with the City as per the Letter of Understanding — Water Servicing between Niagara Region and the City of Niagara Falls (February 6, 2006). In the event of an adverse drinking water test result, the City's contracted accredited laboratory provides immediate oral notification of the result to the City. The City then provides immediate oral notification to the Niagara Medical Officer of Health and the Ministry of the Environment Spills Action Centre. Further Adverse Water Quality Incident reporting and corrective action procedures are summarized in Adverse Water Quality Incident Reporting (MW- ES -DWS- SOP- 012 -001). The Drinking -Water System Annual Report summarizes all drinking -water system sampling and testing results, including any adverse results; this report is prepared and made available to the public by February 28th of each calendar year. The Drinking Water System Annual Summary Report is prepared and provided for Council review by March 31st of each calendar year. This document is CONTROLLED unless otherwise noted. Rev 2, Page 26 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagara rails ails MW- ES- DWS -OP- 001 -001 17.0 Measurement and Recording Equipment Calibration and Maintenance A procedure has been developed to describe requirements for the calibration and verification of measurement and recording equipment used by the Operating Authority in the operation of the drinking -water system. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW -ES -DWS- PRO - 013 -001 — see Appendix A) outlines required frequencies of calibration /verification, methods to be employed, and personnel responsible for conducting and /or arranging calibrations and verifications and for ensuring their completion. All measurement, monitoring and recording devices owned by the City of Niagara Falls and used in the Water Distribution Operations are subject to periodic calibration by Operating Authority Staff and to occasional calibration by the manufacturer, where deemed necessary. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW -ES- DWS- PRO - 013 -001) lists the measurement and recording equipment used by the Operating Authority in respect of the drinking -water system and the associated calibration requirements for each piece of equipment. Types of equipment used for DWS sampling, testing and monitoring and included within the scope of this procedure include: • Pocket Chlorine Colorimeters; • pH Meters; • Flow Meters. For each equipment type, DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW -ES -DWS- PRO - 013 -001) provides information including equipment manufacturer & model number, serial /unit number(s), calibration frequency and relevant SOPs. This document is CONTROLLED unless otherwise noted. Rev 2, Page 27 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagaraf alls MW- ES- DWS -OP- 001 -001 18.0 Emergency Management A procedure has been developed to outline the contents and provisions for use of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-ES- DWS -MAN- 014 -001). The purpose of Emergency Management (MW -ES -DWS- PRO - 014 -001 — see Appendix A) is to identify the emergency response SOPs developed in respect of the City's DWS, to specify related training and testing requirements, and to outline emergency communication protocols and emergency contacts. The Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW -ES- DWS- MAN - 014 -001) includes the documentation listed below. These documents are provided as Appendix D. Water Quality Complaint Based Sampling (MW -ES -DWS- SOP - 011 -034) Boil Water Do Not Use Water Advisory (MW -ES -DWS- SOP - 014 -001) Suspected Backflow or Cross Connection (MW -ES -DWS- SOP -014 -002) Source Failure - Widespread Water Loss (MW -ES -DWS- SOP - 014 -003) Suspected Tampering of Distribution System (MW -ES -DWS- SOP - 014 -004) Adverse Water Quality Incident Reporting (MW -ES -DWS- SOP - 012 -001) Water Conservation (MW- ES- DWS -FRM- 014 -001) Do Not Use Water Form (MW- ES- DWS -FRM- 014 -002) Drinking Water Emergency Contact List (MW- ES- DWS -LM- 014 -001) Boil Water Notice and FAQ (MW -ES- DWS -VIS- 014 -001) Owner and Operating Authority responsibilities and communication requirements for each emergency scenario are embedded in the respective emergency response procedure. A list of emergency contacts is found in Drinking Water Emergency Contact List (MW -ES- DWS-LM- 014 -001 — see Appendix A). The Contact List includes contact information for both internal and external Water Operations contacts that may be required in an emergency. Emergency training and testing requirements are outlined in Emergency Management (MW- ES -DWS- PRO - 014 -001). The DWQMS Coordinator is responsible for developing and facilitating emergency response training and /or testing. This may involve presentations, group review of procedures, facilitation of table -top exercises, and /or development of mock drills of emergency scenarios. Training activities may be completed in conjunction with testing activities. Responses to Corporate -level emergencies are documented in the City of Niagara Falls Emergency Plan (Corporate document). Emergencies of a major nature that cannot be sufficiently managed by Departmental staff, or that require significant external resources, are understood to fall within the scope of the City of Niagara Falls Emergency Plan. Similarly, emergencies of a Regional nature are managed according to the Regional Municipality of Niagara Emergency Response Procedures Manual for Water/Wastewater (external document). This document is CONTROLLED unless otherwise noted. Rev 2, Page 28 DO NOT PHOTOCOPY Niagaraj4alls Drinking Water Quality Management System: Operational Plan MW- ES- DWS -OP- 001 -001 19.0 Internal Audits A procedure has been created to describe the City of Niagara Falls' DWQMS Internal Auditing Program & associated processes. DWQMS Internal Auditing (MW-ES-DWS-PRO-015-001 — see Appendix A) documents required activities & processes relating to the planning, execution and documentation of DWQMS Internal Audits, including recording of non - conformances and reporting of results to Top Management and the Owner. DWQMS Internal Auditors are appointed to the Internal Audit Team by Top Management, and must achieve and maintain defined competency requirements including the following: Internal Auditors must possess an understanding of both the requirements and the intent of the DWQMS Standard; Internal Auditors must be competent (i.e., must receive Internal Auditor Training); Internal Auditors should have a good knowledge of the drinking -water system operation and of drinking water quality requirements; Internal Auditors must be familiar with the Municipal Works Department's DWQMS auditing procedures and protocols. The City of Niagara Falls' DWQMS must be audited in its entirety once every 12 months. The DWQMS Coordinator is responsible for planning and executing the annual DWQMS Internal Audit with the assistance of the Internal Audit Team. The DWQMS Coordinator appoints, or acts as, Lead Auditor for each audit. Internal Auditors must remain objective and impartial throughout the audit process, and cannot audit their own work or work areas. Audit conclusions may identify actual or potential non - conformances in current operations or processes, indicating the need for corrective action or preventive action, respectively. Auditors may also suggest potential improvement initiatives. Actual and potential non - conformances must be documented and resolved according to the Operating Authority's defined Continual Improvement process (refer to Section 21 of this Operational Plan). Completion and effectiveness of corrective and preventive actions are verified by the Lead Auditor or an Internal Audit Team delegate. Upon completion of scheduled internal audits, the DWQMS Coordinator (or designate) reviews audit findings and compiles the information for presentation to Top Management as part of the annual DWQMS Management Review (refer to Section 20 of this Operational Plan). Audit findings must be considered in future relevant audits. This document is CONTROLLED unless otherwise noted. Rev 2, Page 29 DO NOT PHOTOCOPY 1a ` Drinking Water Quality Management System: Operational Plan N i agarayalls MW-ES-DWS-OP-001-001 20.0 Management Review DWQMS Management Review (MW -ES -DWS- PRO - 016 -001 — see Appendix A) has been developed to document the process followed by Top Management in planning, executing and documenting DWQMS Management Reviews, including provision of feedback to the Operating Authority and reporting of review results to the Owner. The Management Review process ensures that all levels of the organizational structure are kept informed and aware of the DWQMS and DWS performance. The DWQMS Coordinator has a significant role in the DWQMS Management Review process, compiling all required input data for presentation to Top Management and attending Management Review meetings as a facilitator. (Required inputs to Management Review are listed in DWQMS Management Review (MW -ES -DWS- PRO - 016 -001). Other City staff may be invited to assist in presenting information to the Management Review Team, or in reviewing the information presented, where they offer additional expertise or insight regarding the subject matter. Top Management is responsible for reviewing the input materials presented and generating outputs as specified in DWQMS Management Review (MW -ES -DWS- PRO -016- 001). Management Review meetings can be conducted as one meeting per year or split into several smaller meetings over the course of the year. Either method is acceptable as long as all required review inputs and agenda items are addressed over the course of the year. DWQMS Management Review outputs must be documented and retained as proof of completion, and results of the Management Review must be communicated to the Owner. This document is CONTROLLED unless otherwise noted. Rev 2, Page 30 DO NOT PHOTOCOPY Drinking Water Quality Management System: Operational Plan Niagara% alts MW- ES- DWS -OP- 001 -001 21.0 Continual Improvement A procedure has been developed to document the process followed to ensure effective resolution of DWQMS nonconformances. DWQMS Preventive & Corrective Action (MW- ES-DWS- PRO - 017 -001 — see Appendix A) is used to address both potential and actual nonconformances and includes root cause analysis, identification and implementation of preventive or corrective actions, and verification of their effectiveness. The handling of Adverse Water Quality Incidents (AWQIs) is not included in the scope of the DWQMS Preventive & Corrective Action procedure (MW -ES -DWS- PRO - 017 -001). A separate procedure, Adverse Water Quality Incident Reporting (MW -ES -DWS- SOP -012- 001 — see Appendix D) has been developed to document processes for addressing these occurrences. Potential and actual DWQMS nonconformances are identified through several different means, including but not limited to DWQMS audits, internal and external communication, monitoring and measurement of DWQMS performance, employee observations /suggestions, and DWQMS Management Reviews. A DWQMS Preventive Action Request Form (MW -ES- DWS-FRM- 017 -001) and/ or a DWQMS Corrective Action Request Form (MW- ES -DWS- FRM- 017 -002) is used to document the non - conformance, the Root Cause Analysis, development & implementation of a Preventive or Corrective Action Plan, and follow -up verification activities. Designated Operating Authority Staff may be delegated to implement preventive or corrective actions. The DWQMS Coordinator (or designate) verifies the effectiveness of the preventive or corrective action. The DWQMS Coordinator is responsible for approving and closing DWQMS Preventive and Corrective Requests, and will only do so once the effectiveness of the implemented solution has been verified. The DWQMS Coordinator retains completed documentation of DWQMS Preventive & Corrective Action Requests and generates an annual summary of the status of nonconformances, preventive actions and corrective actions for presentation as an input to DWQMS Management Reviews. This document is CONTROLLED unless otherwise noted. Rev 2, Page 31 DO NOT PHOTOCOPY MW- 2012 -22 Niagaraaalls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -22 Commemorative Tree and Bench Proposal RECOMMENDATION 1. That the Community Gift Giving Program and Millennium Trail Memorial Program be extended to include all City Parks, Trails and Cemeteries. 2. That the revised program be re- branded /named the Commemorative Tree & Bench program in response to the growing trend to commemorate, honour and recognize loved ones, both living and deceased. 3. That this program be used as the starting point for any and all Park, Trail and Cemetery related sponsorship /donation programs (i.e. Downtown Park Project) to allow for a standardized program and fee schedule throughout the municipality. 4. That the fee schedule be updated (effective January 2013) to address increased maintenance and operations costs. EXECUTIVE SUMMARY Beginning November 1 2011, the Community Gift Giving and Millennium Trail Memorial Grove programs have been administered through the Municipal Works Department. In an attempt to refresh, better promote and make sponsorship opportunities inclusive of all City Trails, Parks & Cemeteries, it is proposed that the Community Gift Giving & Millennium Trail Memorial Programs be reorganized and renamed the Commemorative Tree & Bench Program. In making the proposed changes, the program will provide residents, visitors and the general public an improved opportunity to commemorate loved ones throughout City Parks, Trails and Cemeteries. In addition, the changes will directly respond to the increased number of requests to plant/install a tree and /or bench in any and all City trails, parks and /or cemeteries. While the change in title focusses on the sponsorship of trees and benches, the nucleus of the program remains as it still provides the option for "additional opportunities" should the public be interested. Furthermore, in keeping with previous program guidelines, it is proposed that tax receipts remain available for any and all donations $40.00 or greater. It is further proposed that one standardized Commemorative program for all municipal departments be implemented to reduce confusion as well as provide consistent pricing. April 24, 2012 BACKGROUND - 2 - MW- 2012 -22 Beginning in 2002, the City of Niagara Falls, through Parks, Recreation & Culture, offered the public an opportunity to "sponsor" improvements in our Parks by "donating" through the Community Gift Giving Guide and Millennium Trail Memorial Grove programs. Suggested Gift's ranged from Life Jackets ($50.00), Trees ($300.00), to Portable Stages ($15,000) and Basketball Courts ($20,000). The Millennium Trail Memorial program offered four sponsorship options: 1 metre of millennium trail ($40.00); 3 metres of millennium trail ($100.00) or a memorial tree ($300.00). All sponsors who donated $40.00 or more toward the Community Gift Giving and Millennium Trail programs were issued tax receipts. Over the last four years, the majority of orders through the two programs have been for a memorial /commemorative tree and /or bench. In addition, as the memorial program is currently limited to planting "memorial trees" in the Millennium Trail Memorial Grove, numerous "special requests" have been made to plant /install commemorative trees and benches in other parks and trails. ANALYSIS /RATIONALE The following presents a breakdown of the City's approximate cost for the installation of a park tree and /or a park bench and pad: Park Bench Bench Frame $ 500 Bench Boards $ 100 Concrete Pad $ 800 Total $ 1,400 Park Tree Tree (Installed by contractor) $ 250 - $ 300 *cost will vary depending on species and available caliper size. Total $ 250 - $300 The total does not take into consideration the cost of labour of City Staff to install the bench boards and plaque (if purchased). FINANCIAL IMPLICATIONS In keeping with increased operational and material costs, it is proposed that the fees, originally set in 2002, be modestly updated by January 2013 in order to cover the cost of operation and maintenance (i.e. repairing /replacing vandalized trees, benches, etc.). April 24, 2012 - 3 - The following presents the proposed fee schedule: MW- 2012 -22 Item 2002 -2012 Cost 2013 Cost Tree $300.00 $450.00 Tree with 1x3 Name Tag $325.00 $475.00 Park Bench $1,200.00 $1,500.00 Park Bench with 3x6 Name Plate $1,250.00 $1,550.00 *Park Bench with Bronze Plaque on a pedestal $1,800.00 $1,950.00 1 Metre of Trail $40.00 n/a 3 Metres of Trail $100.00 n/a General Donation Toward Park, Trail or Cemetery $50.00 + *Only available in Municipal Cemeteries (Lundy's Lane, Fairview, Drummond Hill) CITY'S STRATEGIC COMMITMENT The recommendations are consistent with City Council's Strategic Priorities in fostering a customerfocussed organization by creating a more welcoming and accessible environment at City facilities, in addition to the implementation of a customer relationship management tool. LIST OF ATTACHMENTS 1. Commemorative Tree & Bench Brochure 2. Commemorative Tree & Bench Application Form Recommended by: Geoff Holman' Director of Municipal Works Respectfully submitted: p Y Ken Todd, Chief Administrative Officer Mark Richardson Additional Opportunities Pricing Information m L L U O .n L_ c N m L 0 c a) L O a) 0) a) m L H Commemorative Tree & Bench O LL >O+ L N ns a) a) O O c a) O 0 N (o c (a O gnO c7 C E 0 0. 0 m d H (0 a a) O a) E O U co c0 a) E a) c O c a) `) 1-- O N M rn co ca a) c X L a) 4) H M 0 a 0 .c m m (d a a) O d E O U O O O O N EA 0) 7 0 (o Q a) E (o c O L U c a) (0 .. O O O N How to Order O O O O co b4 (0 0) a) a a) Q (0 C O a �a u, c a) o- (o cL a) N c O m O X co a C O O (0 >+ a) a U () U (0 `) (0 rn 0 Q L U a) m *Only available in Niagara Falls Cemeteries m O O 0 L U c a) m a (o a) a) H a) 0 O a0) E O 0 0 Y (0 0 O c a) a CO a a) c O (0 O LL a) N 0 a) Millennium Trail Memorial Grove & Cemeteries offices located at Fairview O O N O O O O N ui a) i0 a a) E (0 c X L 0 c a) m (0 a N N pC 0 O 0 a) E (0 0) O n. a) O (9 (0 O E a) 2 -Sir Winston Churchill Road entrance. co V N To co RI PI" to Nt U)) c @,1 LO O a) , 0 L co a- 4- E W Receipts & Confidentiality O E c E a) (0 (0 0) (o w a 0) U N a) X f0 1- financial donations. (0 c a) a c 0 0 a) (0 Q 0 Q. a (0 a a) N c 0) 0 U 0) The Commemorative Tree and 0 N .0 O 0. 2 0 -c 0 a) m c 0 O V N O 0 O 0 1 Q. 0 c 5 U) N Q c N • 0 O • 0 m 0. 0 0. a3 c 0 O aa)) 0 O A Tree and /or bench can be donated for Life events such as weJRoad y3uee w 00,1j 9A ferowewwo3 Millennium Trail Memorial Grove The Opportunity to Give... O 0 ca O 0 m J c0 O 0 m 0 O) c c a) 0. O O a) N O 0 a a) c E O 0 a) L ^L, a) c 9- 0) c 5 aE) m t c (6 O O O O O Government. > To. 4 ui 4 O N . O v O O c c 0 c c c E ID 0 0 p� o N _0 �j' fl) o. 0 N C' L et. .c > .0 0 ~ 0 0 0. 0 I) E > - O E c m 0 m c c ki 0° 3 E 0. o 2 °. .. o E E 0 o s U 0 v 0) 0. 0 a) a o ((aW�) /�O (a 'v C E I— a. 0 .o -c C c O 0 a) O c a) 0_ 0 a) a) a) -c .c a) 7 0 c (o O E E a) C 0 S d c 0 loved one or celebrate the to Thorold Stone Road) which was (a L ca fa .N C oo 0 > 0) c c O m a= 7). '0) (Ts 2 a) 4 o =-. c. Q now available in this section of the 0 0 0 -c c C c c a) .0 0 0 Millennium Trail. O a) 0 a 0 0) 0 (6 c 0 a) 4) L a) t 0 c a) c a3 a) a) 0 E E 0 U 0) c O O c 0 N -c 0 (o Q (0 a) ai (0 a) O a) a) -c > O a (D 0 a) O 0 c c 4) 2 enjoyment. rfinrannrinrominmormr c i O L III Niagaraj7n //s Commemorative Tree & Bench Program - Application /Agreement Donor Information: Full Name: Address: Last First Street Address Apartment/Unit # City Home Phone: E -mail Address: Province Alternate Phone: ( Postal Code I am interested in donating a: ❑ Tree with - no name tag ❑ Tree with - 1"x3" name tag ❑ Park Bench - no name tag ❑ Park Bench - 3 "x6" name plate ❑ *Park Bench — 8 "x10" bronze plaque $300.00 $325.00 $1,200.00 $1,250.00 $1,800.00 *only available for installation in Municipal Cemeteries Preferred Location (Park, Trail or Cemetery): Preferred Tree Species: El Red Oak Hackberry Burr Oak White Oak ❑ Red Maple ❑ Tulip Tree El London Plane Tree ❑ Eastern White Pine ❑ Sugar Maple ❑ Basswood ❑ Maidenhair ❑ White Spruce Method of Payment: ❑ Cash ❑ Cheque ❑ Debit ❑ Credit Card (MasterCardNisa) • Cheques are payable to The City of Niagara Falls. • Please mail or deliver the completed application /agreement and cheque to the address listed below. • The City of Niagara Falls reserves the right to approve or deny any request for a Commemorative Tree or Bench. • The City of Niagara Falls shall approve the final location of any tree or bench. • The City retains the right to relocate a donated tree or bench at any time. If relocation is required, Parks & Cemetery Services staff will contact the donor to discuss alternative locations. • All items donated to Parks & Cemetery Services, and /or their associated plaques, become City of Niagara Falls property. Accordingly, the City will maintain the donated items for their expected life span. • Applications will be reviewed & accepted year round and installations shall be scheduled as appropriate for the season. Signature Date For additional information, please contact: City of Niagara Falls, Municipal Works, Parks & Cemetery Services 4501 Stanley Avenue, Niagara Falls, Ontario L2E 4Z6 Telephone: 905 354 4721 Fax: 905 354 -7706 Email: mrichardson @niagarafalls.ca The personal information on this form is collection pursuant to the Municipal Act and in accordance with the Municipal Freedom of Information and Protection of Privacy Act. This information will only be used for the purposes of participation in, and administration of the City of Niagara Falls Commemorative Tree and Bench Program. MW- 2012 -24 Niagara& lls April 24, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -24 Tender - Dorchester Road Reconstruction Mountain Road to Calaguiro Drive RECOMMENDATION 1. The contract be awarded to Alfidome Construction at the tendered price of $340,346.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The consulting firm of Urban & Environmental Management Inc. (UEM) was retained in 2011 to complete the design and prepare the contract documents for the proposed reconstruction on Dorchester Road from Mountain Road to Calaguiro Drive. This project was warranted due to requests from area residents to improve the deteriorating road conditions and to provide new sidewalks. The City's Infrastructure Section's Pavement Condition Index (PCI) rating for this section of Dorchester Road is listed as 'Poor'to `Very Poor', which would indicate that immediate remediation is required. New sidewalks are proposed on this collector road to provide a higher level of safety due to the minimum vehicular sight distances and extreme grade changes. Tenders for this contract were opened on Tuesday, April 10, 2012 and the lowest bid of $340,346.00 received from Alfidome Construction is being recommended for acceptance. BACKGROUND This surface treated road was originally paved in 1969 to provide access to the north portion of Firemen's Park. Since the addition of the Calaguiro Estates Subdivision - Phase 2 in 2001 -2002, traffic volumes have increased substantially causing further damage to the pavement structure. Staff have also received numerous requests for sidewalks to be installed, primarily for safety reasons. The new sidewalk should not impact the existing area developments as the entire east side of Dorchester Road has reverse frontages. A Public Information Centre was held on Monday, February 27, 2012 and was well attended by area residents. Attendees were given a brief overview of the proposed works and all inquiries were answered by staff. April 24, 2012 - 2 - MW- 2012 -24 The Tender Opening Committee, in the presence of the Project Manager Chuck McLeod, Clerk's Services Bill Matson and the Manager of Supply and Services, Ray Miller, opened tenders on Tuesday, April 10, 2012 at 1:30 p.m. for the above noted contract. Tender documents were picked up by fourteen (14) Contractors and eleven (11) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold. Contractor 1. Alfidome Construction 2. Centennial Construction 3. O'Hara Trucking 4. Peter's Excavating 5. Demar Construction 6. Steed & Evans 7. Rankin Construction 8. Circle P Paving 9. Brennan Paving 10. Norjohn Contracting 11. A -1 Asphalt ANALYSIS /RATIONALE City Tender Price Corrected Bid Niagara Falls Niagara -on -the Lake St. Catharines Stevensville Niagara Falls Thorold St. Catharines Stevensville Port Colborne Niagara Falls Burlington $340,346.00 $341,660.00 $351,798.00 $351,748.00 $356,817.00 $356,784.25 $361,448.23 $366,700.00 $372,357.00 $380,985.00 $372,402.50 $372,902.50 $422,339.00 $424,856.20 The lowest tender was received from Alfidome Construction in the amount of $340,346.00. This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. It should be noted that Alfidome Construction was also the successful bidder on the Region's Mountain Road project from Dorchester Road to Kalar Road scheduled to start in June 2012. Therefore it would be most prudent for the City's project to coincide our construction schedule with the Regions. The project is scheduled to be completed within thirty -five (35) working days of construction start. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The project was identified as a priority in 2011, however was delayed to 2012 as additional engineering design was required. This work has been completed. The attached capital sheet identifies the projects cost and associated funding. The funding for the project is a combination of a third party contributions (securities of $33,710 from developer of Calaguiro Estates Phase 2 as per report MW- 2009 -60 and $53,100 from the Subdivision Agreement). The balance of funding will be provided from Capital Holding Reserve. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. April 24, 2012 LIST OF ATTACHMENTS 1. Location Plan 2. Capital Budget Sheet Recommended by: Respectfully submitted: Chuck McLeod - 3 - MW- 2012 -24 Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer LOCATION PLAN CONTRACT 2012-251-11 DATE APRIL 2012 DORCHESTER ROAD DWG. No. Mountain Rd to Calaguiro Dr. Capital Budget Worksheet 2012 Department Municipal Works Project Name Dorchester Road Reconstruction Project I.D. # Project Description Dorchester Road from Mountain Road to Calaguiro Drive Opening Balance -Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land /Building /Furniturei Equipment Construction Roads Storm Sewers Water Sanitary Sewers S itewo rk /Landscaping Contingency Utilities Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus) /deficit MW-2012-24 Priority (1 -3) Included in 10 year Capital Plan (y /n) EEI New storm sewer, new sidewalks and road reconstruction Design and construction in 2012 YEAR 2012 YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 307,264.00 33,082.00 340,346.00 253,546.00 86,800.00 340,346.00 Niagararalls REPORT TO: SUBMITTED BY: SUBJECT: PD- 2012 -29 April 24, 2012 Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -29 26CD -11- 2012 -01, Proposed Plan of Condominium 5936 - 5944 Main Street Applicant: 1594268 Ontario Limited (Valentin Valtchev) RECOMMENDATION 1. That the Plan of Condominium submitted by 1594268 Ontario Limited be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the mylars and appropriate plans once the conditions in Appendix 1 have been met. 3. That the Mayor and City Clerk be authorized to execute any agreements and any other required documents to allow for the registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has submitted a proposed Plan of Condominium to divide the existing building into 12 units (10 residential units and 2 commercial units). Planning staff recommends the application for the following reasons: the Plan of Condominium will allow individual ownership of the 12 units; the conversion will provide housing choices to residents and introduce new tenure options in the area; City and Regional interests will be addressed through the fulfillment of conditions contained in Appendix 1; and all applicable planning policies have been applied to the project and there are no outstanding matters that need to be addressed by further public input. BACKGROUND Proposal 1594268 Ontario Limited proposes to register a Standard Condominium on the 1179 square metre (0.29 acre) parcel of land known as 5936 -5944 Main Street (refer to Schedule 1 for location). The site is occupied by a building which has been historically April 24, 2012 - 2 - PD- 2012 -29 1 for location). The site is occupied by a building which has been historically used for commercial uses (ground floor) and apartment dwelling units (2nd floor). This building suffered fire damage in 2008 and is now under renovation. The applicant proposes to divide the building into 12 condominium units (10 residential dwelling units and 2 commercial units) to permit their individual ownership. Schedules 2 and 3 illustrates the condominium layout. Circulation Comments • • • Regional Municipality of Niagara No objections, subject to meeting the conditions listed in Appendix 1. Municipal Works, Parks Design No objections, subject to meeting the conditions listed in Appendix 1. Fire Services, Building Services The applicant has applied for partial Building Permits for the development (for 4 units only). It is necessary that final approval be subject to a condition requiring Building Permits for the remainder of the units and final inspections, as detailed in Appendix 1. • Transportation Services, Transit Services No objections to the application, however it is noted that there is a bus stop that generates a significant amount of pedestrian activity immediately in front of the building. The applicant should be aware of this activity. Conditions are included in Appendix 1. ANALYSIS /RATIONALE The property is zoned General Commercial (GC -74) by Zoning By -law No. 79 -200, which permits ground floor commercial uses and second floor residential units and exempts a wide range of commercial units and second floor residential units from requiring parking. In 2011, the Committee of Adjustment approved a Minor Variance application to permit 4 residential units to locate on the ground floor, to exempt the property from providing an on- site loading space and to reduce the width of a manoeuvring aisle. The variances were approved conditional on the applicant providing a closed board wooden fence along the east property line, the farthest north property line and a portion of the northwest property line. This requirement is included in the conditions of approval in Appendix 1. Building Permits have been issued for 4 of the 10 residential units. Prior to final approval of the condominium plan, Building Permits will be required for the balance of the units and final occupancy granted to the satisfaction of Building and Fire Services. A condition has been added to address this. As the renovation of the building is not considered a significant increase in usability, the development is not subject to site plan control. Several conditions address matters that would be normally dealt with in a site plan process. These include ensuring drainage does April 24, 2012 - 3 - PD- 2012 -29 not adversely impact surrounding properties, adequate services are provided for the building and waste disposal is addressed. The proposed condominium meets all applicable Provincial and City policies subject to meeting the above noted conditions. The proposed condominium will provide housing choices for City residents. Occupants of the building will have easy access to surrounding commercial uses, services and employment. Under Provincial regulations a standard plan of condominium is exempt from Planning Act requirements with respect to giving public notice and holding a public meeting. This provision is intended for situations where there is no public interest served by going through the full process. FINANCIAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By -law No. 79 -200. LIST OF ATTACHMENTS ► Schedule 1 - • Schedule 2 - . Schedule 3 - • Appendix 1 - Recommended by: Location Map Condominium Site Plan Condominium Floor Plans Conditions of Draft Approval Respectfully submitted: A. Bryce: mb Attach. Alex Herlovitch, Director of Planning, Building & Development Keri Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -29, 26CD -11- 2012 -02, 1594268 Ontario Ltd.wpd April 24, 2012 - 3 - PD- 2012 -29 not adversely impact surrounding properties, adequate services are provided for the building and waste disposal is addressed. The proposed condominium meets all applicable Provincial and City policies subject to meeting the above noted conditions. The proposed condominium will provide housing choices for City residents. Occupants of the building will have easy access to surrounding commercial uses, services and employment. Under Provincial regulations a standard plan of condominium is exempt from Planning Act requirements with respect to giving public notice and holding a public meeting. This provision is intended for situations where there is no public interest served by going through the full process. FINANCIAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By -law No. 79 -200. LIST OF ATTACHMENTS ► Schedule 1 - . Schedule 2 - ► Schedule 3 - • Appendix 1 - Recommended by: Location Map Condominium Site Plan Condominium Floor Plans Conditions of Draft Approval Respectfully submitted: A.Bryce:mb Attach. Alex Herlovitch, Director of Planning, Building & Development Kert Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -29, 26CD -11- 2012 -02, 1594268 Ontario Ltd.wpd April 24, 2012 - 4 - SCHEDULE 1 PD- 2012 -29 5936 -5944 Main Street 1594268 Ontario Limited (Valentin Valtchev) Proposed Plan of Condominium Location Map N April 24, 2012 -7- APPENDIX 1 Conditions for Draft Plan Approval PD- 2012 -29 1. Draft approval applies to the Draft Plan of Condominium prepared by The Laroque Group for 5936 -5944 Main Street, dated January 25, 2012, showing the division of the existing building into 10 units for apartment dwelling units and 2 commercial units. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer obtain necessary Building Permits for all the units prior to construction, ensure building inspections from Building and Fire Services for at various stages of construction, and final satisfactory inspections prior to occupancy, in accordance with the Ontario Building Code, prior to occupancy, to the satisfaction of Fire Services and Building Services. 5. The developer provide the following to the satisfaction of Municipal Works: Verification form a licensed Mechanical Engineer that the existing 20mm water lateral is adequate to provide the required water usage for the proposed development; Identification of the existing building's sanitary lateral size and location, complete with calculations for expected peak sanitary flows for the proposed development; Confirmation that the foundation drains are connected to the sanitary lateral through verification from a licensed Master Plumber, and if roof leaders are determined to be connected to the foundation weepers, they be disconnected and discharged to grade and noted on the site servicing plan; and • A site servicing and grading plan identifying the aforementioned servicing items for review and approval. 6. The developer acknowledge, to the satisfaction of Transportation Services, that the City will not be providing overnight parking on any municipal street or municipal parking facility for tenants unable to acquire an on -site parking space. 7 The developer pay the City cash -in -lieu of parkland dedication in the amount of 5% of the value of the raw land. 8. That the condominium agreement contains a clause that notifies the developer and individual tenants that there is a bus stop directly in front of the building and thus will attract people standing & waiting for buses to arrive. Buses remain idling until their April 24, 2012 - 8 - PD- 2012 -29 next scheduled departure and this may contribute to an increase in noise, vibratory and exhaust nuisances. 9. That the condominium agreement contains a clause that notifies the developer and individual tenants that loading is not permitted within the standing prohibition (bus stop) directly in front of the building or any other prohibited zone. 10. That a wooden fence be constructed along the east property line (approximately 29.9 metres in length), along the furthest north property line (approximately 14.4 metres in length) and along the northwest property line (approximately 7 metres in length) in accordance with the decision of the Committee of Adjustment (File No. A- 2011 -009) Note: this fence is to be constructed prior to final approval of the plan of condominium or the appropriate clauses put into the condominium agreement, along with collection of the necessary securities. 11. That waste and recycling collection be adequately addressed to the satisfaction of the Regional Municipality of Niagara. Should the development not meet the Region's waste collection policy guidelines, private collection must be provided at the owner's expense and a clause is to be included in any condominium agreement and all Agreements of Purchase and Sale or Lease for each condominium unit that advises waste and /or recycling collection for the development cannot be provided by the Region of Niagara and will be provided by the condominium corporation through a private contractor who will be directed to instruct their drivers to enter and exit the site in a forward direction only. Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 11 Niagaraaalls f , \ \ U l REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario TS- 2012 -15 April 24, 2012 SUBMITTED BY: Transportation Services & Human Resources Departments SUBJECT: TS- 2012 -15 Visitor Transportation System (VTS) Maintenance Staff Requirements RECOMMENDATION This report be received for the information of Council. EXECUTIVE SUMMARY Within the 2012 General Purposes Operating Budget developed for the VTS, the hiring of two (2) Maintenance Staff was identified to assist in the maintenance of the additional sixteen (16) VTS buses. Currently, Niagara Falls Transit maintenance staff maintain a fleet of twenty- six(26) Niagara Falls Transit conventional buses, three(3) Inter - municipal conventional buses, and seven(7) Chair -A -Van specialized vehicles. In addition to these thirty- six(36) buses, maintenance staff fuel, clean, and perform light maintenance duties on a minimum of five(5) GO Transit highway coaches as well as performing many different tasks to ensure Out of Town Coach buses are professionally fuelled and serviced. BACKGROUND The hiring of two maintenance staff will be necessary to ensure the sixteen(16) new VTS buses and their suite of Intelligent Transportation Systems are well maintained and properly functioning at all times. These Intelligent Transportation Systems include an ever growing list of electrical components, such as GPS fareboxes, hands free radio systems, accessibility requirements including next bus stop announcements, camera systems, automatic passenger counters, on -board variable display monitors, and maintenance diagnostics equipment to monitor the performance of the engine and transmission. These emerging technologies have never been utilized on Niagara Falls Transit buses prior to the implementation of the VTS and thus, will require dedicating Maintenance team members to this task. During the first year of operation a review of future staff needs will be undertaken. ANALYSIS /RATIONALE The sixteen additional buses, the new technologies and the undertaking of warranty work incorporated will require a different form of maintenance then currently being provided. April 24, 2012 - 2 - TS- 2012 -15 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The hiring of a Maintenance Staff was programmed into the budgetary process, which was approved at the March 27, 2012 Council meeting. The financial implications of hiring an additional Maintenance Staff will funded and offset by the VTS Operating Budget. There are no legal implications. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the city. Recommended by: Respectfully submitted: Dave Stuart Karl Dren, Director of Transportation Services Trent Dark, Director 'Of-Human Resources Ken Todd, Chief Administrative Officer Niagara,alls 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 -16 Garner Road and Warner Road Temporary Heavy Vehicle Restriction TS- 2012 -16 April 24, 2012 RECOMMENDATION That heavy vehicles be prohibited on Garner Road between Mountain Road and Warner Road and on Warner Road between Taylor Road and Garner Road until the completion of rehabilitation work on the Beechwood Bridge on Regional Road 70 (Taylor Road). EXECUTIVE SUMMARY A heavy vehicle restriction is recommended on Garner Road and Warner Road throughout the duration of the road closure on Taylor Road to reduce premature deterioration of the roads. BACKGROUND The Niagara Region is carrying out rehabilitation work on Beechwood Bridge. This bridge is located on Regional Road 70 (Taylor Road) between Mountain Road and Warner Road. The project is expected to be completed by the end of June. Traffic is detoured via Mountain Road to the Queen Elizabeth Way to Glendale Avenue in Niagara -on- the -Lake. ANALYSIS /RATIONALE Garner Road and Warner Road can potentially be used by drivers to shortcut the signed detour. These sections of Garner Road and Warner Road are essentially local roads without shoulders that have not been built to accommodate through traffic and continued heavy vehicle usage. Warner Road has several curves, while there is a significant change in the grade on Garner Road south of the rail crossing. Staff is recommending that during the detour period, heavy vehicles be prohibited on Garner Road and Warner Road. Staff will also be installing "Local Traffic Only" signs to deter drivers from using these 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 $425. April 24, 2012 CITY'S STRATEGIC COMMITMENT -2- TS- 2012 -16 This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing Recommended by: Respectfully submitted: M. Carrick /K-e Karl Dren, Director of Transportation Services Ken todd, Chief Administrative Officer NiagaraFalls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -05 Parkside Road - Parking Review TS- 2012 -05 April 24, 2012 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 1 through September 1, 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. April 24, 2012 -2- TS- 2012 -05 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. 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 1 to Septemberl, inclusive and all day on Saturday and Sunday, June 1 through September 1, 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 seasons was noted to occur sporadically. As a follow -up to the residential questionnaire, correspondence was delivered to the same homeowners identifying staffs' intention to recommend to Council a parking restriction on the west side of Parkside Road (correspondence attached). Furthermore a meeting with representatives of the Girls Home for Soccer, supported the restriction to ensure safe emergency vehicle passage. 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. April 24, 2012 LIST OF ATTACHMENTS -3- TS- 2012 -05 Study Area drawing. Residential Correspondence dated January 13, 2012 Recommended by: Respectfully submitted: M. Carrick Karl Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer Girls Home for Soccer Loretto Catholic and Kate S. Durdan Public Elementary Schools Parking Lot r NiagaraFalls TS- 2012 -05 Parkside Road Parking Review .a N ` El Existing Playground Sign • • • • Existing Stopping Restriction NORTH tiff !OEM/ Proposed Parking Restriction 5:00 p.m. - 11:00 p.m, Monday - Friday, June 1st - September 1st All Day, Saturday & Sunday, June 1st - September 1st Nia ara `ails January 13, 2012 Rica: Parkside Road Parking. Control Review Dear Resident: i\ questionnaire was delivered to your residence last year requesting your input concerning parking on Parkside Road. At this time. there are no daytime parking prohibitions on Parkside Road. Although a consensus was not reached amongst the respondents, the majority of those responding to the questionnaire felt that some term of a parking restriction is required. 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, httt 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. To mitigate the aforementioned concerns. Staff is recommending. that parking is restricted on the west side of Parkside Road between Heikoop Crescent and a point 25 metres north ()flipper Canada Drive from 5:00 p.m. and 11:00 p.rn., Monday to Friday, June through September, inclusive as well as all day on Saturday and Sunday, June through September, inclusive. Parking is proposed to remain on the cast 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 Clow. and minimize delays for emergency personnel responding to an emergency in the area. Finally. by prohibiting parking on the west side, it reduces the number of pedestrians having to cross Parkside Road to'from their vehicle. Outside of the tour -month outdoor soccer season. parking will be available throughout the day on both sides of Parkside Road as parking on the street outside of soccer season was noted to occur sporadically. Please refer to the drawing on the reverse side of this page illustrating the proposed restrictions. Staff will he preparing a report with our recommendations to City Council in the near future. Please feel free 10 contact the undersigned on or before January 27, 2012 should you have any questions or concerns you have with our recommended parking restrictions. Yours truly, r Bart Skiba Traffic technologist . i P, L c Raoul e o , .. A .. Working Together to Serve Our Community Transportation Services Ext 5207 Fax 905 - 356 -7404 bsk ba @niagaratalis.ca rri Niagararg11s 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 -17 First Avenue Parking Review TS- 2012 -17 April 24, 2012 RECOMMENDATION The existing no parking zone between the hours of 8:00 a.m. and 5:00 p.m., on the west side of First Avenue between a point 51 metres north of Morrison Street and a point 69 metres north of Morrison Street, be removed. EXECUTIVE SUMMARY Removal of the existing parking prohibition will allow for permitted on- street parking during daytime hours in front of 4755 First Avenue. BACKGROUND In response to a request from a resident of 4755 First Avenue, Staff has carried out a parking review on First Avenue between Morrison Street and Huron Street. The concern at this location stems from the existing 18 -metre long no parking zone in effect between the hours of 8:00 a.m. and 5:00 p.m. on the west side of First Avenue, encompassing the frontage of 4755 First Avenue. The resident has requested the removal of the aforementioned parking restriction, thus allowing permitted parking in front of the residence during daytime hours. At this time, daytime parking is permitted within the rest of the study section of First Avenue. ANALYSIS /RATIONALE A technical assessment of the area revealed that the existing parking restriction limited to abutting the frontage of 4755 First Avenue. It appears that this parking restriction was established to ensure that the driveway access to 4755 First Avenue remains unobstructed during daytime hours when a business previously occupied this dwelling. A review of the collision files revealed that there were no collisions reported in the previous three years. Therefore, Staff has no concerns with removing the existing parking restriction and allowing for permitted parking during daytime hours in the area. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The removal of the signs is carried out by Transportation Services staff. The labour and April 24, 2012 -2- TS- 2012 -17 material cost is accounted for in the 2012 General Purposes Budget. Cost studies estimate that the cost to remove the existing signage is approximately $100. 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: Ken Todd, Chief Administrative Officer M. Carrick Niagara, ails REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department TS- 2012 -18 April 24, 2012 SUBJECT: TS- 2012 -18 - Crysler Avenue - Taxi Stand Removal RECOMMENDATION The existing taxi stand in effect daily between the hours of 6:00 p.m. and 4:00 a.m., on the west side of Crysler Avenue between a point 18 metres north of Queen Street and a point 39 metres north of Queen Street, be removed. EXECUTIVE SUMMARY The removal of the taxi stand will allow for permitted on- street parking during the evening on the west side of Crysler Avenue next to Grand Central Sports Bar & Grill. BACKGROUND In response to a request from Downtown Niagara Falls BIA, Staff has investigated the feasibility of removing the existing 21 -metre taxi stand on the west side of Crysler Avenue. The request stems from the fact that the taxi companies are not using the on- street taxi stands requiring downtown shoppers to park further away from Queen Street. At this time, the west side of Crysler Avenue is signed as a two -hour parking zone (no re- parking within five hours of initial parking) between the hours of 9:00 a.m. and 5:00 p.m., Monday to Friday. In the evening, between the hours of 6:00 p.m. and 4:00 a.m., the above - mentioned 21 -metre section functions as a taxi stand while the remainder of the street offers unlimited free parking. ANALYSIS /RATIONALE A technical assessment revealed that the existing taxi stand is not being utilized by taxi cab drivers during the hours in which the taxi stand is in effect. Removing the taxi stand would provide an additional three (3) parking spaces next to Grand Central Sports Bar & Grill. The proposed parking control in the study section of Crysler Avenue is consistent with the existing parking strategy in the downtown core. Therefore, Staff is supportive of the BIA's request to eliminate the taxi stand. The taxi companies were solicited for comments but no response was received. April 24, 2012 -2- TS- 2012 -18 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The removal 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 remove the existing signage is approximately $100. 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: M. Carrick Ken Todd, Chief Administrative Officer THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by -law to amend By -law No. 89 -2000, being a by -taw to regulate parking and traffic on City Roads. (Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Douglas Street South Dorchester Road and Warden Avenue 8:00 a.m. to 4:30 p m Monday to Friday This By -law shall come into force when the appropriate signs are installed. Passed this twenty- fourth day of April, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading. Third Reading: April 24, 2012 April 24, 2012 April 24, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D4" and that Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twenty -fourth day of April, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2012. April 24, 2012. April 24, 2012. SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Mike Bourdon Blair Cottage Dylan Dance Justin Facci Dean Murray Carlos Peralta Richard Rittner CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the payment of $37,284,901.89 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning March 8, 2012 to April 4, 2012. Passed this twenty -fourth day of April 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2012 April 24, 2012 April 24, 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 24`h day of April, 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 24`h day of April, 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 -fourth day of April, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2012 April 24, 2012 April 24, 2012