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2013/10/08 NiagaraaaaaaaaJalls COUNCIL MEETING October 8, 2013 PRAYER: Councilor Mayes ADOPTION OF MINUTES: Council Minutes of September 24, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5:00 - 7:00 P.M. REPORTS 1 . TS-2013-40, Conventional Transit Routing and Scheduling Revitalization Action Plan 2. F-2013-54 - Infrastructure Projects, Advancement of Engineering Design Phase I CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW-2013-48 - Mewburn Road Bridge Project Status Update MW-2013-51 -Consultant Appointment City Wide Master Drainage Plan Update Study R&C-2013-17 - Renewal of United Way Lease Niagara R&C-2013-19 - Sports Wall of Fame Inductees - 2 - TS-2013-34 - Miller Road - Speed Limit Review TS-2013-38 - Bridgewater Street (East of Dock Street ) - Parking Restrictions * * * * * PRESENTATIONS/DEPUTATIONS 7:00 P.M. Provincial Champions The Niagara Falls Falcons Minor Midget Baseball Team will be recognized for winning the Ontario Provincial Championships. Scouts Canada, Niagara Area Representatives from Scouts Canada Niagara Area will be in attendance to promote their upcoming Tag Day. * * * * PLANNING MATTERS Public Meeting PBD-2013-62 Official Plan Amendment No. 112 Value Added Agricultural Uses -AND- Correspondence from Jean Grandoni Correspondence from Joe Schonberger, Niagara South Federation of Agriculture Public Meeting PBD-2013-63 Official Plan Five-year Review -AND- Correspondence from the Niagara Escarpment Commission Correspondence from Darlene Presley, TransCanada MAYOR'S REPORTS, ANNOUNCEMENTS - 3 - COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Niagara Falls Public Library - requesting the week of October 20-26, 2013 be proclaimed as " Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Restorative Justice Week - requesting the week of November 17 - 24, 2013 be proclaimed as "Restorative Justice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Heart Niagara - requesting the week of November 3 - 9, 2013 be proclaimed as "Sudden Cardiac Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. C.A.O. - copy of comments to the Environmental Registry Branch regarding the application by Chemtrade Logistics Inc. RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration . . . . . RATIFICATION OF "IN CAMERA" MATTERS . . . . . BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-150 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Designated Lanes) 2013-151 A by-law to authorize the execution of an Agreement of Purchase and Sale with Stephan Kelley and Heather Lawrence-Kelly, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara (HANDOUT). - 4 - 2013-152 A by-law to authorize the execution of an Agreement of Purchase and Sale with 1006057 Ontario Limited, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara (HANDOUT) 2013-153 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of October, 2013. * * * * * NEW BUSINESS m m v 0 z -I C/) TS-2013-40 N iagara alts October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2013-40 Conventional Transit Routing and Scheduling Revitalization Action Plan RECOMMENDATION 1) That the Conventional Transit Routing and Scheduling Revitalization Action Plan be received for the information of Council. 2) That Council approve the process for the implementation of the Conventional Transit Routing and Scheduling Revitalization Action Plan; And that Council endorse a week of free service as a promotion to the routing changes EXECUTIVE SUMMARY The Transit Routing Ad Hoc Advisory Committee, in consultation with Transportation Staff, undertook an extensive outreach program to develop a revitalized routing structure to better meet our Community's publictransportation needs. This revitalized routing structure ensures service to our community centres, retail sectors, transportation hubs, secondary and post secondary student needs, and the hospitality sector. Although the Committee's proposal included proceeding to half hour service levels as quickly as possible, this recommendation adheres to Council's direction to address the operational challenges the system currently faces with the route structures proposed by the Ad Hoc Committee in a balanced delivery manner. Thus, the proposed routes have all been designed and thoroughly reviewed with staff to ensure the timing is manageable and customer transfers between buses are convenient, but the frequency of service on routes have not been increased. Currently, 30 day pass holders have full access to the Red, Blue and Purple WEGO lines, as an enhancement to the Niagara Falls Transit service area. The Revitalization Action Plan provides for further seamless integration between the two systems. Now the WEGO Red Line, with proposed enhanced operating hours, will accept single transit fare rides from Niagara Falls residents that originate along the route. The WEGO Red Line services the full length of Lundy's Lane, the Fallsview area, Queen Victoria Park, Clifton Hill, and the Victoria/Ferry Street Centres. This connectivity between our Niagara Falls Transit buses and the WEGO Red Line buses will enable residents to access areas for employment and recreation they previously could not travel to on our municipal service. October 8, 2013 - 2 - TS-2013-40 The new services will commence operation on January 5, 2014. The launch will include one week of free rides on the updated Conventional Transit System to help residents familiarize themselves with the revitalized routing structure and service levels. BACKGROUND The Transit Routing Ad Hoc Advisory Committee engaged the residents and stakeholders of Transit through multiple channels to ensure all comments and issues were incorporated in the formulation of a revitalized service. As per Council direction, this Transit Routing and Scheduling Revitalization Action Plan is a balanced recommendation, which ensures the services have been designed to meet the evolving public transportation needs of our residents while addressing the current challenges the Bus Operators face regarding maintaining their schedules and making seamless connections for customer transfers. These revisions include a redeployment of the service hours for greater efficiency by migrating route redundancy to new community facilities, evolving retail centres, and growing neighbourhoods. As noted above, the new services will commence operation on January 5, 2014. The routes have been designed to allow residents to move as efficiently as possible through our community by providing convenient connection points at the major traffic generator's such as;the Target Plaza, Niagara Square,Walmart Plaza, Main Street Market Square, and the Downtown Bus/Train Terminals. Staff is also communicating with the owners of many of these retail centres to enhance the Transit Hub facilities currently in operation as they recognize the mutual benefit of enhancing the infrastructure in place. In addition to better servicing the retail centres, the routes will better serve our secondary schools and allow for greater connections and possible headway enhancements for the large post secondary inter municipal market Transit currently serves. Utilizing these transit hubs will also enhance our services to Fort Erie and the Niagara Region Transit routes to St. Catharines and Welland. To further improve the services provided to residents,the WEGO Red Line buses travelling along Lundy's Lane will accept customer transfers to/from our municipal Transit routes travelling north and south along the major arteries. Bus Operators will accept single ride cash fares (when the customer displays proof of residency, such as a Student I.D., Senior's, or Health Cards) and ten ride iRide cards, at all stops along the Red Line. Further, all printed transfers from Niagara Falls Transit fareboxes will be accepted when customers transfer onto the WEGO Red Line buses from a municipal bus. Since the WEGO system will not accept one way cash fares from visitors, it is important to provide proof of residency to board with a single cash fare to protect the integrity of this premium system. In addtion, holders of 30 Day iRide Cards would be able to seamlessly access the WEGO Red, Blue, and Purple Lines without proof of residency. To fully facilitate the new routes and schedules, Transit staff has reviewed all the current infrastructure within our system to determine what stops and shelters will remain, which will be removed, and where new stops will be installed. Further to this exercise, staff has been working with the Mayor's Accessibility Committee and a contingent from the Canadian National Institute for the Blind to design new bus stop signs and ensure all facets of this deployment meet the needs of those members of our community with visual impairments. Not only will these new signs be easily read and distinctive on our streets, they will replace faded, non uniform versions, which are difficult to locate and read. This exciting new design will also signal changes are taking place with our community's bus service. October 8, 2013 - 3 - TS-2013-40 Action Plan To ensure the residents are fully informed of the enhancements prior to the January implementation, Transit staff will be marketing the services utilizing the following; Media Release -An initial Corporate Media Release will be issued Wednesday, October 16`h to inform the community of the January 5'h implementation of the Revitalization Action Plan. This Release will encourage the media to contact Transit staff for information regarding the new services and how residents can access this information. City Website - The Transit site will feature all the routes and schedules to better inform customers and allow them to make inquiries of Transit staff prior to the launch. Open Houses-Transit staff will conduct Open House presentations 5:00 p.m. to 8:00 p.m. at the Victoria Street Library and MacBain Centre for residents to engage staff with questions and comments. These sessions will take place the last week of October and first week of November. Rider's Guide - Our comprehensive customer information guide will be updated to reflect all the changes. These Guides are distributed in many locations and can be mailed as well. They will be printed and ready for distribution by November 15`h Print Media - Newspaper advertisements and flyers will be employed to supplement the website information as many residents do not have internet access. The flyers will encourage those residents without website access to call for a Rider's Guide to be mailed to their home. Radio Media - A campaign will be created to further enhance the reach of the message and inform the community of the changes through local radio media. Social Media -Twitter and Facebook will be utilized to inform residents who look to these media forms for information. Bus Marketing - All available space on and within our buses will be employed to inform our customers and community. Current Transit customers will notice all changes displayed on posters in the buses. Transit staff will also be utilized throughout November on the buses to better assist our customers with any questions they may have. School Outreach Sessions-Transit staff will make themselves available to all secondary and post secondary schools based on their schedules to ensure this large segment of our ridership is thoroughly informed of all changes to their services. Cogeco Community T.V. - Transit enhancements will be communicated to the staff at Cogeco to broadcast throughout the city. Business Improvement Area's - Transit staff will make themselves available to all our community's BIA's to ensure they are aware of the changes and how they may impact their respective customers and employees. Introduction Promotional Period-To allow our loyal riders and residents to fully become familiar with the new services, commencing January 5`h for a one week period, residents will be allowed to ride on Niagara Falls Transit at no charge. October 8, 2013 - 4- TS-2013-40 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The financial implications of the routing changes were identified for Council in the Fall of 2011 . The routing changes were approved at this time and the implementation plan was developed. Implementation was planned for July 1, 2013 and as such the costs associated with a mid year start were included and approved in the 2013 General Purposes Budget. In 2014, the full cost of the implementation will be included in the budget. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority regarding Convenient,Accessible, and Sustainable Transportation, specifically, from an Advisory Committee of transit users and stakeholders to provide input on transit service to Council and Staff. Recommended by: Karl Dren, Director of Transportation Services �yy ` 1' Respectfully submitted: (t( _cif- Ken Todd, Chief Administrative Officer Dave Stuart S.General Administration\GA 1.01 Reports\2013 Council\10 Oct 8\TS-2013-40 Conventional Transit Routing and Scheduling Revitalization Action Plan.wpd F-2013-54 Niagaraaalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: F-2013-54 Infrastructure Projects Advancement of Engineering Design Phase RECOMMENDATION That Council authorize staff to proceed with the design work for the list of projects identified in this report ; and the Main & Ferry B.I.A. comments referred to staff. EXECUTIVE SUMMARY The City of Niagara Falls endorsed the Municipal Contribution Agreement (MCA) with the Ontario Lottery and Gaming Corporation (OLG). This will provide the municipality with a new source of funding for the length of the agreement. Based on annual projections, the value of the new MCA is approximately $20 million annually. However, due to the nature of the agreement, wherein a final reconciliation of the compensation earned will be completed after the first year of the agreement, the actual amount, is not known at this time. Staff had previously recommended that Council defer spending committments of these funds until such time that the first year is completed and the reconciliation is performed. However, at the September 10th meeting, Council requested that staff prepare a report outlining a list of projects that require design engineering. The purpose of compiling the list and proceeding with the design work is to ensure that a number of projects will be ready for construction approval by Council at the time of the 2014 Capital Budget deliberations. Council will receive a future report that outlines staffs suggestions for the use of this funding that will maximize municipal improvements. It is staff's understanding that the design projects in this report, if approved by Council, would be pre-approvals to the 2014 Capital Budget and that the funding for each project would be provided from the monies received under the MCA with OLG. BACKGROUND At its meeting of September 10, 2013 Council authorized the execution of the MCA with OLG. This agreement provides the municipality with a new source of funding starting in 2013 and for the life of the agreement. Council also passed a motion directing staff to bring forward a list of Capital Projects for which the engineering designs could be completed. It is staff's understanding that by initiating design work at this time, that additional projects will be construction ready at the time the 2014 Capital Budget is considered. In addition, the preparation of the detailed design work would ensure that the October 8, 2013 -2 - F-2013-54 City had projects available for potential future cost-sharing opportunities with other government agencies. It has been noted by Council that the length of time taken from project approval to delivery of a completed Capital project needs to be shortened. Factors that have affected the delivery time of capital projects include funding for design work, agency approval times and enhanced stakeholder engagement process. Staff believe, that by advancing the engineering and design phase of Capital Projects anticipated in this report, that the municipality can eliminate the first factor. As a consequence, issues like property acquisition, soil testing, utility relocation and public input could be addressed in this phase. Completion of the engineering designs and tender documents also provide staff opportunities to take advantage of preferable market conditions. ANALYSIS/RATIONALE Since the conversion of financial reporting initiated in 2010 with the implementation of PSAB 3150, staff throughout the organization have been working on developing long term asset manangement plans for their respective areas of responsibilities. In addition, the provincial government and federal gas grant programs have indicated that future funding partnerships will be contingent on implementing municipal asset management plans. The development of asset management plans will facilitate future re-investment decisions for municipal infrastructure. With this in mind, the funding available through the MCA with OLG is very timely since it will provide additional funds to the municipality to achieve these objectives. Council's request to identify projects requiring immediate engineering design is prudent at this time so as to allow staff to develop a reserve of projects that will be ready to move forward to construction phase when future Capital Budget's are considered. Staff's list of projects requiring engineering alone totals$2.217 million and a full breakdown of the projects is shown in Attachment 1. FINANCIAL IMPLICATIONS The recently endorsed MCA will provide the municipality with additional funding. The wording of the MCA appears to favour municipal infrastructure projects. The total amount of funding to be received annually is estimated to be approximately $20 million although the final amount will not be known until a full fiscal year is completed. The indication from OLG is that this reconciliation will be received in April 2014. The funding in this agreement replaces the funding of $3 million received by virtue of the previous MCA. It should be noted that funding under this agreement is forwarded quarterly to the municipality with a final reconciliation at the end of the fiscal year. Staff have requested that the monies received be held in reserve. The Council request for pre-approval and funding of engineering designs appears to contradict staff's initial recommendation to wait until a full year of the agreement has been completed, however staff believe it compliments the previous direction, in that,the initiation of design work at this time, will accelerate the municipality's ability to perform construction projects in future capital budgets since the required pre-construction work will be completed. Council will ultimately have the authority to determine the use of this funding an re-investment. October 8, 2013 -3 - F-2013-54 CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to achieve financial stability and infrastructure sustainability objectives. LIST OF ATTACHMENTS Attachment 1 - List of projects requiring engineering Recommended by: Todd Harri n, Dire or of Finance Respectfully submitted: en Todd, CHief Administrative Officer F-2013-54 Attachment 1 Project List Requiring Engineering Municipal Works Priority Project name Description Design Budget 1 Allendale Avenue Sewer Separation(SS) Design costs associated for sewer separation from Ferry Street to $ 67,500 Robinson Street with approximate length of 360 m Design costs associated for sewer separation from Fourth Avenue to 2 Hamilton Street SS Sixth Avenue with approximate length of 230 m $ 43,125 2 Fifth Avenue SS Design costs associated for sewer separation from Bridge Street to $ 63,000 North Limit with approximate length of 360 m. 2 Sixth Avenue SS Design costs associated for sewer separation from Bridge Street to S 63,000 North Limit with approximate length of 360 m. 3 Stanton Avenue SS Design costs associated for sewer separation from Leader Lane to $ 21,000 Ferguson Street with approximate length of 120 m. 4 Huron Street SS Design costs associated for sewer separation from First Avenue to $ 68,000 Fourth Avenue with approximate length of 340 m. 5 Crysler Avenue SS Design costs associated for sewer separation from Queen Street to $ 63,750 Ellis Street with approximate length of 340 m. 6 St. Lawrence SS Design costs associated for sewer separation from Queen Street to $ 63,750 Ellis Street with approximate length of 340 m. 7 Robinson Street SS Design costs associated for sewer separation from Stanley Avenue $ 102,300 to Jolley Cut with approximate length of 440 m. 8 Maranda Street SS Design costs associated for sewer separation from Drummond Road $ 87,500 to Franklin Avenue with approximate length of 520 m. 9 Colborne Street SS Design costs associated for sewer separation from Portage Road to $ 60,000 St.James Avenue with approximate length of 320 m. 10 Corwin SS Design costs associated for sewer separation from Walter Avenue to $ 75,000 Carlton Avenue with approximate length of 400 m. 11 Portage Road SS Design costs associated for sewer separation from Macklem Street $ 39,600 to Norton Street with approximate length of 440 m. 12 Level Avenue SS Design costs associated for sewer separation from Dixon Street to $ 36,750 Dunn Street with approximate length of 210 m. 13 Grey Avenue SS Design costs associated for sewer separation from Ferry Street to $ 33,250 Peer Street with approximate length of 190 m. 14 North Street SS Design costs associated for sewer separation from Stanley Avenue $ 103,125 to Portage Road with approximate length of 550 m. 15 Kitchener Street SS Design costs associated for sewer separation from Stanley Avenue S 90,000 to Portage Road with approximate length of 480 m. 16 Second Avenue SS Design costs associated for sewer separation from Maple Street to $ 30,000 Huron Street with approximate length of 160 m. 17 Drummond Road SS Design costs associated for sewer separation from McLeod Road to $ 153,750 Oldfield Road with approximate length of 820 m. 18 Balmoral Avenue SS Design costs associated for sewer separation from Drummond Road $ 84,375 to West Limit with approximate length of 450 m. 18 Maureen Crescent SS Design costs associated for sewer separation from Balmoral Avenue $ 12,250 to North Limit with approximate length of 70 m. 18 Timothy Crescent SS Design costs associated for sewer separation from Balmoral Avenue $ 12,250 to South Limit with approximate length of 70 m. 19 Ellis Street Design costs associated for sewer separation from Ontario Avenue to $ 14,000 Burch Place with approximate length of 80 m. 20 Brookfield Avenue Design costs associated for sewer separation from Clare Crescent to $ 131,250 Lundy's Lane with approximate length of 700 m. 21 Ralph Avenue SS Design costs associated for sewer separation from Dixon Street to $ 36,750 Dunn Street with approximate length of 210 m. 22 Ridge Road Culvert Replacement Design costs for culvert replacement $ 30,000 23 Whirlpool Road Bridge Rehabilitation Design costs for bridge rehabilitation $ 50,000 24 Beck Road Bridge Rehabilitation Design costs for bridge rehabilitation $ 42,500 25 McKenney Road Bridge Rehabilitation Design costs for bridge rehabilitation $ 36,500 Total Municipal Works $ 1,724,275 Parks Priority Project name Description Design Budget Construction of Section 3 of the Millennium Trail System along the 1 Millennnium Trail Section 3 Development Ontario Power Generation Canal(west side). Extends from Thorold $ 34,000 Stone Road north along Stanley Avenue. 2 FJ Miller Park Improvements Park improvements include;playground,tennis court,benches and $ 16,000 accessible pathways 3 Heritage Park Improvements Park improvements include;playground, benches and accessible $ 12,000 pathways 4 Ontario Street Park Improvements Park improvements include;playground,tennis court, benches and $ 15,000 accessible pathways 5 Patrick Cummings Memorial Sports Develoment of large overflow parking lot south of the Chippawa $ 5,000 Complex-South Parking Lot Development Willoughby Arena to support major sports events. 6 Niagara Falls Lions Park Washroom Renovate the existing City park building next to the new splash pad $ 9,000 Building Improvements to provide accessible public washrooms To address the sport tourism/tournement impacts of the loss of Patrick Cummings Memorial Sports Optimist Park Fields,two additional baseball diamonds are proposed 7 Complex-Baseball Field Expansion at Patrick Cummings Memorial Sports Complex. A feasablity study $ 40,000 is required to fully identify scope of work and determine budgetary requirements. Further to a request from the residents, the existing worn grassed path that runs through the park from Carlton Avenue(south)to Culp 8 AG Bridge Park Pathway Development Street(north)is well used and in very poor condition. Staff propose $ 5,000 to construct an accessible park standard asphalt paved 2.4m wide park pathway in response to this matter. 9 Downtown Park Development Ph 2 Phase 2 of Downtown Park. Work includes clock tower, landscaping $ 17,000 and servicing 10 Chippawa Public Boat Ramp Park Redevelopment of existing boat ramp park. Partnership with the $ 30,000 Improvements Chippawa Public Docks Committee. Total Parks $ 183,000 Transportation Priority Project name Description Design Budget 1 EA Drummond Road Widening To complete EA for road widening over Highway 420 $ 150,000 2 Sylvia Place Transit HS design $ 60,000 3 Traffic Signal Design Upgrade 5 locations $ 100,000 Total Transportation $ 310,000 Total of All Projects $ 2,217,275 MW-2013-48 NiagaraFaIls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-48 Mewburn Road Bridge Project Status Update RECOMMENDATION That Council accept the proposal from CN to proceed with the replacement of the Mewburn Road Bridge at its full expense; and further that the Niagara Region and Town of Niagara- on-the-Lake be advised of its decision. EXECUTIVE SUMMARY The Mewburn Road Bridge has been closed since April 2009. Staff have attempted to negotiate a reasonable cost sharing solution with CN who are the owners of this structure. Recent discussions with CN involved a re-examination of the Environmental Assessment (June 2010) and focussed on more cost effective solutions including the construction of a level crossing. CN has confirmed that this alternative is not operationally feasible. CN is prepared to re-construct the bridge at its sole expense to the standard originally authorized by Order 33714. This standard does not however meet the design parameters contemplated in the Environmental Assessment which proposed extra width to accommodate bike lanes, multi-purpose trail and two vehicular travel lanes. The City has been unsuccessful in getting CN to contribute to a larger share of the estimated $2.6 million project cost. Staff have Council's direction to proceed with the filing of an application before the Canadian Transportation Agency however given the cost of pursuing this matter and the more urgent need to re-establish this public thoroughfare, as a minimum, staff would like Council to consider CN's proposal for an in-kind replacement. The purpose of this report is to seek Council's instructions and to provide appropriate notification to the Niagara Region and the Town of Niagara-on-the-Lake of its decision. BACKGROUND At its meeting on February 28, 2011 Council approved the recommendation set out in report MW-2011-10 authorizing staff to file an application with the Canadian Transportation Agency to arbitrate the cost sharing dispute (see attachment #1). October 8, 2013 - 2 - MW-2013-48 As part of the final effort to negotiate a settlement, Legal Services staff engaged outside services to assist in the discussions including the consideration of lower cost alternatives including the construction of a level crossing. CN has responded and in their letter of August 23, 2012 has concluded that a level crossing is not appropriate at this location and CN has committed to constructing a new structure to match the standard of the original bridge specifications installed in 1924. The staff position has been that this standard does not meet the intent of the preferred design established through the EA process. CN estimates that the cost of replacing the structure as they propose is approximately$578,000. The preferred design under the EA was estimated to cost $2.6 million. ANALYSIS/RATIONALE The existing structure has a span of 17m and a width of 5.9m which is insufficient to carry traffic in both directions simultaneously. There are no bike lanes on this bridge. The structure has been closed to pedestrian and vehicular access since 2009 and despite the low volume of traffic that used the roadway prior to its closure, the crossing plays a key role in the movement of traffic between Niagara Falls and Niagara-on-the-Lake. It is important to remember that the selection ofa new bridge with bike lanes, multi-purpose trail and two full vehicular lanes during the EA came at a time when the Region and MTO were considering the re-configuration of the Glendale Avenue interchange which could have made Concession 6/Mewburn Road play a larger role with respect to truck traffic in the area. This matter has lost some of its urgency however the closure was never intended to be a permanent situation and re-opening this inter-municipal connection would re-establish the local use and provide operational and emergency response efficiencies. It is for this reason that staff are recommending that we consider accepting CN's offer to construct an in-kind replacement. Once it is apparent that traffic volumes warrant an upgrade the City can enter into discussions with the Region to visit the preferred alternatives identified in the EA. FINANCIAL IMPLICATIONS The decision to proceed with the proposed bridge replacement by CN will eliminate the City's repsonsibility to fund the project, since CN's proposal requires their sold participation in funding. The City approved funding in the 2011 Capital Budget of$400,000 for the costs of the EA and associated municipal expenses. At the present time, $119,250 has been spent on these actions. There has been some additional costs incurred which will be funded from the remaining balance. It is anticipated that the capital project will be closed once these costs are received and resolved. October 8, 2013 -3 - MW-2013-48 CITY'S STRATEGIC COMMITMENT The staff recommendation is consistent with Council's Strategic Priority for economic vitality, infrastructure sustainability, financial sustainability and sustainable transportation. LIST OF ATTACHMENTS 1. MW-2011-10 2. Letter from CN, dated August 23, 2012 3. Preferred Alternative Recommended by: f L Geoff Hon �irector of Municipal Works (CL Respectfully submitted: \Ken Todd, Chi Administrative Officer Geoff Holman MW-2013-48 - Attachment #1 Mw-2011-10 NiagarafaIls February 28, 2011 REPORT TO: Councillor Carolynn loannoni. Chair and Member of the Committee of the Whole City of Niagara Falls, Ontario The recommendation(s) SUBMITTED BY: Municipal Works contained in this report were p adopted in committee and ratified by City Council SUBJECT: MW-2011-10 Mewburn Road Bridge Project Cost Sharing Referral to the Canadian Transportation Agency RECOMMENDATION That Council authorize staff to file an application with the Canadian Transportation Agency to resolve outstanding cost sharing issues with CN for the replacement of the Mewburn Road Bridge. EXECUTIVE SUMMARY The Mewburn Road Bridge is owned by Canadian National railways (CN) but has been closed by the City of Niagara Falls due to its concerns for the safety and well-being of its residents because of its poor condition. A Municipal Class Environmental Assessment was conducted at the City's expense to examine the preferred alternative for the reinstatement of vehicular and pedestrian access over the CN line on Mewburn Road. This investigation concluded that a new structure would be the best solution based on the condition that external funding under the Gateways and Border Crossings Fund would be available. Staff have now been informed that the project is not eligible for funding under this program largely because the municipality does not own the existing structure nor does it meet the merit-based criteria of "enhancing Canada's economic competitiveness and productivity by improving the efficiency of gateways, trade corridors and assets of National significance". Municipal Works staff have had numerous discussions with CN regarding cost sharing and, in each case, they have limited it's responsibility to a maximum of 15% of the project cost. Staff believe that CN should have more responsibility than this and are recommending that we pursue this matter through all available legal channels. The purpose of this report is to inform Council of the recent interpretation by representatives of the Gateways and Border Crossings Fund and to seek authorization to proceed with the filing of an application with the Canadian Transportation Agency. February 28, 2011 - 2 - MW-2011-11 BACKGROUND At its meeting on June 28``, 2010, Council approved the recommendations set out in report MW-2010-48 which endorsed the preferred alternative in the EA to replace the existing structure and directed staff to pursue funding under the Federal Gateways and Border Crossings Fund (see attachment #1) Staff contacted representatives from Transport Canada who administer the funding program and were informed that: `Unfortunately the proposed project would not be eligible under the GBCF. The funds Terms and Conditions state that only municipally-owned structures are eligible for rehabilitation under the Local Road infrastructure category. As the Mewburn Road Bridge is owned by CN, it would not be eligible for funding. " (see attachment#2) Staff revisited the cost sharing discussions with CN representatives on January 20th. 2011 however no agreement was made to share the project costs beyond the previous commitment of 15%. They did offer assistance if required with the City's GBCF application. (see attachment #3) Subsequent follow up with Transport Canada officials on February V'. 2011, confirmed that, notwithstanding the ownership issue"the project would not likely meet the merit-based criteria of the GBCF" and that "most of the GBCF's funding has already been committed" (see attachment #4) ANALYSIS/RATIONALE Residents living in this area have been extremely tolerant under the circumstances and it is important for many reasons to bring a resolution to this matter as soon as possible. The current situation is frustrating and staff believe that CN should be forced to contribute significantly to the total cost of the project for the following reasons; • CN has objected to the construction of a level crossing alternative which is much less expensive. • The existing structure cannot be repaired or replaced to the current standard as it wouldn't comply with the Ontario Bridge Code. CN has taken the position that any new bridge would be for the sole benefit of the road authority. • The existing bridge was installed by CN in 1923 largely because of its need to lower the tracks at this crossing to accommodate trains climbing the escarpment. Traffic volumes and safety risks are much lower at Mewburn Road than other level crossing locations throughout the City. • It is unreasonable to expect the City to fund the replacement of infrastructure it doesn't own. February 28, 2011 - 3 - MW-2011-11 FINANCIAL IMPLICATIONS Funding in the amount of$400,000 for the City's project was included in the 2010 Capital Budget and some of these funds may be required to engage outside legal or consulting services in preparation for the presentation to the Canadian Transportation Agency. LEGAL IMPLICATIONS The dispute resolution process is set out in the attached "Guidelines for the Apportionment of Costs of Grade Separations" (see attachment#5). While the decision of the Canadian • Transportation Agency is binding. appeals to the Federal Court and the Governor in Council may be available under the appropriate circumstances. • • CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's Strategic Priorities for economic vitality, infrastructure sustainability, financial stability and sustainable transportation LIST OF ATTACHMENTS 1 MW-2010-48 Mewburn Road Bridge - Class Environmental Assessment 2. Email from Ted Mackay, October 22. 2010 3. Letter from CN, January 21, 2011 4 Email from Ted Mackay, February 1, 2011 5. Canadian Transportation Agency- Guidelines on Apportionment of Costs of Grade Separation Recommended by: Geoff Holman. Director of Municipal Works • Respectfully submitted: �r✓T ^'t` Ken Todd, Chief Administrative Officer G Ho'.man MW-2013-48 Attachment #2 Law Affaires juridiques A , Jean D.Patenaude U ``/I Assistant General Counsel Avocat general conseil 935 de La Gauchetiere Street West 935,rue de La Gaucheuere Ouest Montreal,Quebec,Canada Montreal(Quebec)Canada H3B 2M9 H3B 2M9 bV'IVW.Cli ca Telephone. 514-399-5496 Telephone 5'4-399-5496 Facsimile 514-399-4296 Telecopieur 514-399-4296 E-mail'. lean.PatenauderuDcn.ca Canrriel_ lean.Patenaude ce.cn ca August 23, 2012 By Email Ian S. MacKay Barrister& Solicitor 440 Laurier Ave. West, Suite 200 Ottawa, ON K1 R 7X6 Dear Mr. MacKay: RE: MEWBURN ROAD CROSSING, AT CN MILE 5.4 GRIMSBY SUBDIVISION, IN THE CITY OF NIAGARA FALLS, ONTARIO OUR FILE No. 1640-333-005-40 Thank you for your letter of July 13, 2012 respecting the above-noted crossing in which you have requested, on behalf of the City of Niagara Falls, comments as to whether CN would be willing to provide a level crossing at Mewburn Road. CN has now had the opportunity to look into the matter and can confirm that constructing a level crossing at this location will not be acceptable to CN. A level crossing at this location is not operationally feasible as CN trains meet at this location. The nearest alternative would be to the west of the current location; however, the presence of a steep grade at this point and the fact that, although there are approximately 14 miles of double track on which to perform a train meet in this area, there is no place to hold a train which would not result in blocking an existing level crossing makes this location unacceptable for train meets. It should be noted that a grade separation has existed at this location since before 1923; this grade separation was likely installed due to the issues identified above. The existing structure was reconstructed pursuant to Board Order No. 33714, dated June 18, 1923. CN has maintained this structure over the years although the Order contains no provision for the responsibility for the costs of maintenance. In 2009, CN was prepared to undertake major repairs to the structure. Subsequent to a Municipal Bridge Appraisal and after discussion with CN Engineering, it was agreed that the condition of the bridge was such that repair of the existing structure was not possible. The City closed the bridge to both vehicular and pedestrian traffic and commenced a Class Environmental Assessment ("EA") to study alternative solutions to the reinstatement of the crossing. The City published a Notice of Study Commencement, indicating its intention to accommodate all modes of transportation, including vehicular, bicycles, and pedestrians (page August 23, 2012 Page 2 5). The EA identified a preferred design concept consisting of two vehicular travel lanes, two shoulders and two sidewalks with an overall structure width of 12.5 metres. The preferred design concept was based on a number of considerations, including the need to provide facilities for pedestrians and cyclists, the accommodation of future touristic and commercial development and improvement of the existing roadway corridor to either side of the bridge. The Study also notes that a future interchange would mean that Mewburn would serve as a key roadway within the overall network (page 6). All of the above only adds further support to the conclusion that a level crossing is not appropriate at this location. In light of the above, this confirms that, unless other satisfactory arrangements are made, CN is prepared to proceed with the replacement in-kind, of the structure that was authorized by Order 33714. The new bridge would maintain the width and loading of the original structure. Yours truly, Jean D. Patenaude c.c. Ken Beaman, City Solicitor Marissa Crawford, CN Engineering ' MW-2013-48 Attachment #3 I i+ aim aJ iti g 7 Y L c �/\] ca CI1 l IOa 4i v7 a F- 4... _• Z ' U Z C p (. tii C• o R $ osc C I c 8 W • Y L, Y f0 Yf C .j O I (5 > CO I v 3 N. / a c -c a ` T W a$ o I yv 9 � w N D p ? 2 N Y 4-1 \L. r rli I N O E E $ \ Cu u > ,O `1 N O Y . ._ I p• Q.) JAL u IV � O ..re; 131 r c to I C O Y ti C 5� � � c Ti v § F c ' N C _ 0 o ra ;� `v ^ Q cu .0 = g s .1 v0 y w E . a, I `° > r c C o U '0 � � � a 1 C ) I _ �] o (S >_ La 4•J I- � �IA `a a, o (U r e � 3 aY v I C CO• O N W ++ 4 -0 4-, 44 V .( �S U R C a 01c I 1{ Z.d u �... ._ _ N N 14 ri a It y al Y� • n N CO o � o l0▪ ut •- i 3 a 9 C l0 —0,_ iv ro ' a. uu yo Cr M a, U * _C C MW-2013-51 NiagaraFalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-51 Consultant Appointment City Wide Master Drainage Plan Update Study RECOMMENDATION That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Aquafor Beech Limited to provide consulting services to complete the Update to the City of Niagara Falls Master Drainage Plan, at an upset limit of$246,912.00 including HST. EXECUTIVE SUMMARY Staff received nine (9) proposals in response to a Request for Proposal call to complete an update to the City of Niagara Falls Master Drainage Plan Study, as set out in the posted Terms of Reference for this document and in accordance with the first two phases of the Environmental Assessment process as required for Master Planning studies. This process allows for public involvement through meetings and review of the final report. BACKGROUND The City of Niagara Falls current Master Drainage Plan was completed by R.V. Anderson Limited and is dated 1981. Since then, the City has experienced significant growth and change. Several small scale studies have been completed looking at selected sub- watershed areas in the interim, but nothing on a comprehensive scale. There have also been significant advances in the areas of Stormwater flow prediction modelling and stormwater management techniques. In order to effectively mesh with the City's planned ongoing Combined Sewer Separation program and in keeping with pending Provincial requirements to provide an Asset Management Plan and strategy for Municipal infrastructure, it was deemed prudent to invest in a update to the City Wide Master Drainage Plan study. ANALYSIS/RATIONALE Master Servicing studies are important planning tools to effective manage, improve and maintain a municipality's core Municipal Servicing Infrastructure. They provide an inventory and assessment of existing infrastructure, examine levels of service, operations and maintenance procedures, existing policies, guidelines and regulations, and provide a recommended plan to address identified issues and respond to expected growth pressures over a prescribed planning period. October 8, 2013 -2 - MW-2013-51 The City's current Master Drainage Plan study is in need of a comprehensive update. City staff do not have the resources to undertake such a large task without outside expert assistance. As a result, an RFP (Request for Proposal) was issued to interested and qualified Engineering Consulting firms. The Terms of Reference for the RFP are attached. The City received nine (9) submissions in response to the call for proposals. The RFP document also included a system for scoring and ranking the proposals received based on such factors as:technical expertise,team strength and leadership, similar past experience, understanding of the assignment, proposed methodology and value to the corporation. A staff led technical review committee assessed all the proposals and ranked them based on the criteria outlined above. Although many excellent proposals were submitted, the committee agreed that the proposal received from the team led by Aquafor Beech Limited successfully addressed all the requirements of the Terms of Reference for the study while providing an appropriate level of expected effort to complete the assignment. This proposal therefore represents the best value to the City with the expectation on delivering a final product in accordance with our requirements. Aquafor Beech Limited has completed several similar projects for many municipalities throughout the GTA and also has extensive experience working with the Niagara Peninsula Conservation Authority, who will be an important stakeholder in the completion of this study. The project team also includes staff from Hatch Mott MacDonald to provide local working experience and understanding of Niagara issues, and from Hemson Consulting Ltd. who also have experience with the City of Niagara Falls. FINANCIAL IMPLICATIONS The City Wide Master Drainage Plan Update Study has an approved Capital Budget amount of$300,000. The recommended proposal price bid of$246,912 (including HST), is within budgeted costs. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's Strategic Priorities: • Establish infrastructure priorities • Strengthen and promote economic development within the City LIST OF ATTACHMENTS None. f Recommended by: Geoff Holman, Dire or of Municipal Works Respectfully submitted: . 'Ken Tod , Chi f Administrative Officer Kent Schachowskoj R&C-2013-17 Niagaraflalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-17 Renewal of United Way License Agreement RECOMMENDATION That Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the United Way of Niagara Falls & Greater Fort Erie license agreement between the City of Niagara Falls for use of space at the MacBain Community Centre. EXECUTIVE SUMMARY The United Way of Niagara Falls & Greater Fort Erie license office space at the MacBain Community Centre. The non-profit organization will be relocating to the second floor of the facility to accommodate a renovation of the main level administration office space to provide additional City services. BACKGROUND The MacBain Community Centre tenant agreements were executed August 29, 2005, prior to the opening of the facility. The term for each tenant agreement was ten years. The United Way of Niagara Falls & Greater Fort Erie requests an early renewal to reflect their re-location of their licensed space from the main level to the second floor of the facility. ANALYSIS/RATIONALE The MacBain Community Centre is a unique multi-partner facility offering a wide range of programs and services. United Way is one of the community non-profit partner organizations housed at the Community Centre. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The license agreement has been revised to reflect the new office space. All other terms including the monthly rental fee have not been revised. The United Way pay a monthly rent of $512.88 plus HST. October 8, 2013 -2 - R&C-2013-17 CITY'S STRATEGIC COMMITMENT The future renovations at the MacBain Community Centre, main level administration space will accommodate staff to provide additional City services to the north end of the City. The renovations will create a more welcoming and accessible environment at the facility. Recommended by: i,</(( t Kathy Moldenhauer, ector of Recreation & Culture Respectfully submitted: ,.-'Ken Todd, Chief Administrative Officer R&C-2013-19 _pets, NiagaraaalIs October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2013-19 2013 Sports Wall of Fame Inductees RECOMMENDATION That Council approve the following 2013 Sports Wall of Fame Inductees: Pre 1970 Era Name Category Sport German Village Soccer Team, 1960 Team Soccer 1971 - 1990 Era Name Category Sport Gerald Cyr Builder Judo Fred Kovacs Builder Rugby 1991 - Present Era Name Category Sport Kevin Knight Builder Track & Field Jamie McCloy Athlete Baseball Judy Russell Builder Soccer EXECUTIVE SUMMARY The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to our City. The 2013 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 26, 2014. October 8, 2013 - 2 - R&C-2013-19 BACKGROUND For the past 24 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. FINANCIAL/STAFFING LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well- being of our people, our communities, our environment and our economy. The objective of the Niagara Falls Sports Wall of Fame is to honour and perpetuate the names and deeds of those individuals and teams whose athletic abilities have brought fame to themselves and their community, and of those individuals whose interest in and work for sport has resulted in a climate which benefited athletes and athletics. LIST OF ATTACHMENTS 2013 Sports Wall of Fame Inductees Achievements , , /r' Recommended by: 2/l Kathy Moldenhauer Director of Recreatio & Culture • Respectfully submitted: ,� 1 \ r Ken Todd, Chief Administrative Officer S:\Council\Council 2013\R&C-2013-19-2013 Sports Wall of Fame Inductees.wpd Attachment #1 2013 Sports Wall of Fame Nominee Achievements Pre 1970 Era Name Category/ Brief Bio Sport German Village Team/ •Team won in the same season: ND Soccer League Trophy, Labatts Soccer Team, Soccer Plaque, Carling Cup for Southern Ontario Championship 1960 1971-1990 Era Name Category/ Brief Bio Sport Gerald Cyr Builder/ •In 1974, Earned black belt in Judo (Shodan - 1St Degree) and began Judo teaching Judo and assisted other classes •Earned his Technical 1 Coaching Certification and became a Regional A Referee •In 1976, Gerald took ownership of the Niagara Falls Judo Center •In 1980, his students competed at the Junior Olympics in Barrie, ON; Other students competed in the Ontario Winter Games •Volunteered and created a youth judo program at the Boys & Girls Club of Niagara •Gerald continues to assist as an instructor and advisor of the Niagara Falls Judo and Bralizian Jui-Jitsui Centre. Fred Kovacs Builder/ •Services to rugby in Niagara and across Ontario, started 1" girls high Rugby school team 1991 - Present Era Name Category/ Brief Bio Sport Kevin Knight Builder/ •Received the Doug Austin Sportperson of the Year Award in 1993, Track & Track & Field Field Jamie McCloy Athlete/ •In 1986, Jamie won a gold medal in the O.A.S.A. Ontario Fastball Baseball Championships with N.F. Squirt Team; •In 1991, Jamie won another gold at the O.A.S.A. Fastball Champions with the N.F. Midget Fastball Team; •In 1993, Jamie represented Ontario at the Canada Summer Games; •In 1994, Jamie played in the Canadian Junior Nationals; •In 1995, won gold, playing fastball in the Canadian Junior Nationals •In 1997, played in the Canadian Junior Nationals; •In 1999, Jamie played in the Pan Am Games in Winnipeg. Judy Russell Builder/ •Canadian Team Physiotherapist: Summer Olympics 1984, 1988, 2008, 2012; Soccer •Pan American Games '87, 2011; Commonwealth Games 1994, 2012; •Canadian Women's National Soccer Team 2007 to Present. S:\Council\Council 2013\R&C-2013-19-Attachment#1 2013 Inductees bio.wpd TS-2013-34 Niagarafalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-34 Miller Road - Speed Limit Review RECOMMENDATION That the speed limit on Miller Road between Sodom Road and Willoughby Drive be reduced from 70-km/h to 60-km/h. EXECUTIVE SUMMARY Speed studies carried out after the previous speed limit change identified that motorists have reduced their operating speed to 60-km/h. BACKGROUND In 2010, City Staff undertook a review to establish appropriate speed limits on unsigned rural roads in southeast Niagara Falls. Technical data indicated that a 70-km/h speed limit was warranted on Miller Road. Residents of Miller Road between Sodom Road and Willoughby Drive identified that they feel that the 70-km/h speed limit is too high, given the narrow road surface and have asked Staff to again review the posted speed limit for this road segment. ANALYSIS/RATIONAL Various technical studies were carried out on Miller Road between Sodom Road and Willoughby Drive to determine the most suitable speed limit. The studies include collecting speed and volume data, performing a collision analysis and carrying out observations pertaining to general traffic operations, land uses and existing signage. Speed data revealed that the operating speed has been reduced from 70-km/h which was observed in 2011 to 60-km/h which was observed in summer 2013. A collision analysis identifies that there have not been any reported collisions on Miller Road between Sodom Road and Willoughby Drive in the previous three years. All existing traffic signs were observed to be in good condition and installed accordingly with provincial guidelines. Miller Road carries approximately 55 vehicles on a daily basis, suggesting that it is primarily October 8, 2013 -2- TS-2013-34 used by the seven residents that have a driveway extending from this road segment. The north side of the road is undeveloped. Miller Road has a chip and tar surface with an average 4.9 metre travel width. Miller Road has a predominantly straight and level alignment providing motorists with good visibility in both directions. The bridge over the Union Marsh Drain is currently under reconstruction with completion anticipated in late- October. The width of the bridge will be increased to allow for simultaneous two-way travel. Based on various technical factors, including but not limited to the prevailing operating speed, road geometry and cross-section, surrounding land uses, and pedestrian activity, a 60-km/h speed limit is justified for this section of Miller Road. Therefore, Staff is recommending that the speed limit be reduced from 70-km/h to 60-km/h on Miller Road between Sodom Road and Willoughby Drive. 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 2013 General Purposes Budget. The estimated cost to replace the speed limit signs is approximately $200. 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: y� Ken Todd, Chief Administrative Officer E. . . i 1 09 kw _ wn vw /D^` a) v Wi II---f z G e. t 3 I. 4 to Cn U Q1 ` w 0 Ce C U - zr ` M R E -W �p . 01 no o l_ v kke €T ? , N 0 d a s 4 A.ty r 4w• H 22 co H MA%IMUM 60 km/h OC L 2t 1/4\,,,,,,,...),, .., et M 1 1: 4 Z TS-2013-38 Niagararalls October 8, 2013 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2013-38 Bridgewater Street (east of Dock Street) Parking Restriction RECOMMENDATION That parking be restricted at all times on the north side of Bridgewater Street from Dock Street to a point 45m east of Dock Street. EXECUTIVE SUMMARY The parking restriction will allow for safe vehicle manoeuvring, stop the deterioration of the grass boulevard and ensure a full travel lane on Bridgewater Street. BACKGROUND A request has been received to review the feasibility of restricting parking on a section of Bridgewater Street east of Dock Street. Due to the parking lot configuration of the apartment building immediately east of Dock Street, motorists existing these parking spaces have difficulty manoeuvring when vehicles are parked across the street. These parked vehicles park either on the grass boulevard or on a portion of the street thus reducing the travel lane. Furthermore, the grass boulevard has noted to be slowly deteriorating due to the occasional parked vehicles. There are no adjacent residents that would be affected by the restriction and ample on street parking available further to the east. ANALYSIS/RATIONALE Questionnaires were delivered to property owners and tenants of Bridgewater Street between Dock Street and Laura Secord Place. A low response rate was received and a consensus was not established. To facilitate the manoeuvring of vehicles from a neighbouring apartment, ensure that the entire travel lane is available to motorists and to eliminate the deterioration of the grass boulevard a parking restriction is necessary to be installed from Dock Street to a point 45m east. Further east of this point parking is available to the public. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs will be carried out by Transportation staff. The labour and October 8, 2013 - 2 - TS-2013-38 material costs are accounted for in the approved 2013 General Purposes Budget. Cost studies estimate that the cost to install the signs is approximately $300. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include promoting community safety. LIST OF ATTACHMENTS Study Area drawing. Recommended by: /<L-c- Karl Dren, Director of Transportation Services l Respectfully submitted: Ken Todd Chie Administrative Officer M. Carrick S:\General Administration\GA 1.01 Reports X2013 Council\10 Oct 8\TS-2013-38 Bridgewater Street Parking Restriction.wpd ,p x D. • i 75117t:Stir ' ' If `: - 4...t . ,. ; a) o ` Z o r. f ax U)w 'Q . \ $ ,i o 4 • °ire a o 'O. ' . - - a ' j e ..r t2? 3 `�' t e f, Y ` f {V ACl\ { / 00 L > CO w c S ' CD afi I— m0_ f war t ‘,1\,. L 7Q i J Dean Iorfida From: askeland carolyn <c_askeland @yahoo.com> Sent: Wednesday, October 02, 2013 9:12 AM To: Dean Iorfida Subject: Fw: request to be placed on council agenda Hi Dean, In speaking with Cathy in Mayor Diodati office, she requested that I resend my email to your attention. Thank you in advance for all your assistance Carolyn Askeland Niagara Area Commissioner Scouts Canada forwarded Message From: askeland carolyn <c_askeland @yahoo.com> To: "ccampbell©niagarafalls.ca" <ccampbell @niagarafalls.ca> Sent: Sunday, September 22, 2013 1:04:41 PM Subject: request to be placed on council agenda Hi Carey, On behalf of Scouts Canada Niagara Area, I would like to request that Scouts Canada Niagara Area be approved to make a presentation to council on Tuesday October 8, 2013. The presentation will be to promote the work of Scouts Canada, Niagara Area as well as promote our upcoming Apple Day, tag day as approved by the city. Members of Scouts Canada would present Mayor Diodati, city councillors and senior staff with an apple. We would request that we are placed near the top of the agenda, due to the age of some of the members and to ensure they ar home at a reasonable time for bed and preparation for school the next day. Should you have any questions, please feel free to email at c askeland a;yahoo.com or call at 289 296 5046 We would also like to thank Mayor Diodati for his time on Saturday September 20 in greeting the 200+ Hong Kong Scouts at Queeenston Heights. With thanks Carolyn Askeland Niagara Area Commissioner 1. r D Z Z Z G) 3 D 1 1 m xi co Hyct, PBD-2013-62 Niagarrafalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-62 Official Plan Amendment No. 112 Value Added Agricultural Uses RECOMMENDATION 1. That Council receive any comments made at the public meeting regarding Official Plan Amendment No. 112 to include Value Added Agricultural Uses within the Good General Agricultural designation; and 2. That staff review these comments and address accordingly. EXECUTIVE SUMMARY New policies are proposed to include value added agricultural uses into the City's Official Plan in conformity with the policies recently added to the Region's Policy Plan as part of the Region's Agricultural Action Plan. The policies aim to recognize uses in the rural area that are related to agriculture and will help support and strengthen the agricultural industry. The draft policies have been reviewed by Regional Planning staff and since they have been deemed to be in conformity with the Region's policies, approval has been downloaded to the City. BACKGROUND In 2006 the Niagara Region prepared an Agricultural Action Plan that include 7 initiatives to encourage the viability of farming over the long term. One of those initiatives was to enhance opportunities for farm diversification, i.e. value added agricultural uses. The Region amended its Plan to include new policies for value added agricultural uses. Planning Staff have prepared draft policies, in conformity with the Region's, to introduce these policies into the Good General Agricultural designation of the City's Official Plan. ANALYSIS The intent of value added uses is to provide flexibility to farmers to have small scale secondary uses that help support the farm. This would include: home occupations, home industries and bed & breakfast operations which are currently permitted within the Official Plan, and; agri-tourism and uses that produce value-added agricultural products from the farm operation. The draft policies add equestrian activities and agricultural value retention uses to the list of permitted uses within the agricultural designation. Agricultural value retention is defined October 8, 2013 -2 - PBD-2013-62 as an activity needed to make the farm product market ready such as drying, washing, sorting, packing and packaging. Added as a secondary use to a farming activity are value added uses and agri-tourism uses. Value Added Uses Value added uses are those that add value to the agricultural product produced on-site by way of production (i.e. canneries, bakeries, cheese,wineries); marketing(i.e.farm markets, produce stands); or support (i.e. machinery repair, seed supplies). These uses are intended to be small in scale and conducted by the individual, family member or corporation farming the lands. Consequently, the policies propose that the uses be permitted as of right in the City's Comprehensive Zoning By-law. Maximum limits to building size or floor areas may be defined in the Zoning By-law as well. Should a proposed value added use exceed the maximum requirements of the Zoning By- law or require specific consideration by the City due to potential off-site impacts such as traffic, roads, hydro usage, etc. or servicing needs (sufficient private water and effluent systems), an application under the Planning Act, such as a minor variance, zoning by-law amendment or site plan control as deemed appropriate, would be required. The draft policies include a list of criteria by which a site specific amendment would be evaluated, based primarily on the appropriateness of the value added use in terms of its location, compatibility with surrounding land uses; scale of the farm operation and lot size; the character of the agricultural area and off-site conflicts. Agri-Tourism Uses Agri-tourism uses are those that invite visits to a working farm for education, enjoyment or active involvement in the operation. Those agri-tourism uses that may be permitted as-of- right in the Zoning By-law would include such uses as: hay/corn mazes; sleigh rides, petting zoo, farm tours, and pick-your-own operations. Those uses that are not necessarily farm related but would benefit from a farm location may be considered through a site specific zoning amendment to address the appropriateness of the use in the area, the size of the use and setbacks. Also, certain agri-tourism uses may be events that should be assessed as to their impact on surrounding uses in terms of their hours of operation, noise (sound systems) or frequency of events which may be controlled under the Municipal Act rather than the zoning bylaw. A Public Open House was held on September 5, 2013 to invite input on the draft policies. Four persons were in attendance with comments submitted by two of the attendees. The Niagara South Federation of Agriculture (NSFA) submitted comments were generally supportive with a request that specific areas be reconsidered for increased flexibility to the farmer. The draft policies have been reworded in response and have been forwarded for their review. The second written submission requests assurance that the proposed equestrian activities use to be permitted as-of-right will not become a race track. Staff are satisfied that the policy and associated size limits would not support such a use as-of-right because of it's potential impact on farmland, neighbouring uses and infrastructure. Additional comments referred to existing policies which are not being reviewed through the value added agricultural policies exercise. October 8, 2013 - 3 - PBD-2013-62 The implementation of the policies through the City's Zoning By-law will proceed subsequent to the approval of the Official Plan amendment. FINANCIAL IMPLICATIONS There are no financial implications associated with the proposed amendment. CITY'S STRATEGIC COMMITMENT The proposed amendment to the Official Plan contributes to the City's Strategic Commitment for a Well Planned City and provides citizens the opportunity to offer their view on policies that contribute, through Planning policy, to the achievement of the remaining Strategic Priorities. LIST OF ATTACHMENTS Appendix 1 - Proposed Modifications Recommended by: ; Alex Herlovitch, Dir- for of Planning, Building & Development Respectfully submitted: r\Ken Todd, Chief Administrative Officer F.Berard t.mb Attach. S.\PDR'2013\PBD-2013-fit.OPA#112 Value Added Agricultural Uses wpd DRAFT CHANGES TO INTRODUCE VALUE ADDED AGRICULTURAL USES TO THE CITY OF NIAGARA FALLS OFFICIAL PLAN: Word - existing wording to be deleted last amended YGr; - proposed new wording 9/21/2013 PART 2 SECTION 7 - GOOD GENERAL AGRICULTURAL PREAMBLE The lands within the Good General Agricultural area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non-agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations by p-ov!airg a range -r agr'rcu't,ra'ly related uses tha so;pport and enrance the agriculture' industry. It Is a:so tree ' tent o to s Plan to restrict the establishment of non-farm uses and minimize land use conflicts in favour of agriculture wherever possible, while protecting the natural environment consistent with the Provincial Policy Statement and the Regional Policy Plan. POLICIES 7.1 The predominant use of land in the Good General Agricultural Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations _ s.,,e' t , ' es, nurseries, and intensive greenhouse as well as 9 .;e reteahGc _43'3'3 forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agriculture Area except as provided for in this Plan. (insert existing policy 7.4 and renumber to 7.2) 7-4- =Ancillary Sac nda„ uses to the agricultural or residential use of lands within the Good General Agriculture designation such as a home industry, va!•le added or agntounsrn uses or uses ancillary to an existing residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These Secondary uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agriculture Area. To ensure compatibility, the ancillary secondary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on-site parking as outlined in the City's Zoning By-law. The severance of an ancillary use is not permitted. 7.2 ' In addition to the above: i) A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific Zoning By- law amendment. ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain ancillary secondaay to the residential use of the property. iii) Bed and breakfast facilities shall be operated by a permanent resident of the existing dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a Zoning By-law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading to the satisfaction of the Regional Public Health Department. 2 2 Value added uses ara s-ra' s,a e :;yes refaerd. cr,r _ t c"' s!te a ..,,rg a:'!s',, -sdacad rad- ^2 - ?dCS ,31,:e1 13 _ ag`rc._. ar C r cts thro yr OGa 3Srr'g sat, :a i, C- ass a r ,�I prima ;.'� ssar as , metes .a _ > ttraKere5 3.13case at-331131'3 ar ',/313eu-',-,t _ ,� !.> rGBi^ saes `30i 7^.Y r.';r•TeSS,e,: __S o Cr'.. c'ra/ t:% _73. 1-9 ^':ego. . ._._ at-_ ate-_,S.°,o ."at are not anon, ,.3 _ /1';: 3r- 33 2 Ir e v_ ;e. a. t� .3�0 se ✓n�a'j !c tn8 Orin( na r �'- ._ a ;ceda--rad 0/ vaa r, ,ar,corporat;o., Farr-ring The 'ands se fv,1 he per _-ed a, o`-ny.it r-ro,,gh toe C/'1/ Z, '.',Tr] m ax .i%Ze y anJ 3C .., %Ioora`eas rs'ate'_ r L;5.es 'Pa/ Ce f'n:.,'rr in the m ::reroe'lt;ng Zoning b1- 3A if Uses that exceed the r"'ax!n urn size provisions Of the Zoning B>- laili or that pose a potential conflict or concern regarding • offsite conflicts on traffic or normal farming operation. or • water and effluent usage: (the use can be accommodated on private water and sewage treatment systems) or • impacts on utilities or infrastructure such as roads or hydro services shall be subject to a site specific Planning Act amendment which NO be evaluated based on the following criteria. • the appropriateness of the use for the agricultural area and Is regclrement to be located close to the agricultural use of the property it is intended to support and complement • compatib.hry with existing and future farm operations both on arc adjacent to the property: • the appropriateness of scale with regards to lot size and farming acti'lti • cor'sisienc✓ "lifth and maintenance of the character of the agncl'itilrai area and • acTectaoie mitigation of offs;tie conflicts 7 2 3 Agri-tourism uses are uses that mite usets to a working farm operation for the purpose of en >meer ;au:neat:or and active r reme , in e act!/ides of the farm ope-atioh They are dece _ en The c ci . _eratiin and are therefore considered a sec'_ Jar' roe farming act;city 3 . 4g!- . s^a ,se 7-a- . erm tteo as C rgr.t n-ia,> 'COL,de nai o _ ma 7 cay _ sle g : - ra 9-,"Ts ocess;,ng "em., st athces i ay'- l: ,c,l r ;rally related but Gene`: F nsetogh 3 site sp = a-c. zoning b,v-law arr:e' v i1/-er presented ' a rile dment Council shall consider me *C1 • hie prop ,. _ ,cc appropriate or the size of farm and f3rr, 7oera:`.C^ • a: 'eas.t ne .. h pace, shall be in act ie arc fti agric�. ira.. od ,. r o rs rr' y r amp encouraged. • tne cc,c-vo; v as ce yperated cy the fain or 'arm 173071 1/ • a'"r indo.ar scat- required for The use should be limited to I2C anC, N tF;r: ex:st!r g b-. 'id.ngs and structures on site tia 0"Ve operaf:o J.. ceight lrq g iants !.n „� ics; systems urn of eoerafan frequency o .,e"s and C e ont e aC_j de. _de pit ,cc,pa. Act. r-e se ,o`site D,an conNoi to address issues ecici g oa"k'ng or. to dcn of natural areas and ag!,c ltura: lands arc,' setoac s . m !Piesra;.w and adjacent uses 7.2 ' ? Farm related small-scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the farm operation which they serve and if it not possible to locate these uses within the designated Urban Area. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendment within which site design details and limits on the floor space area provisions can be established. 7.3? -' Uses of land and the creation of lots not related to agricultural uses are not permitted in the Good General Agriculture Area. However, Council may consider a site specific amendment to this Plan to remove land from the Good General Agriculture designation for a non-agricultural use where it has been demonstrated that the use cannot be accommodated in a non- agricultural designation. In addition, the siting of a non-agricultural use shall be supported by qualified evidence demonstrating matters of need for the proposed use over the next 20 years, poor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effects on adjacent properties and financial impact on the City. The requirements of the Provincial Policy Statement and the Regional Niagara Policy Plan also shall be satisfied. All non-agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. 7.5 Nothing in this Plan will prohibit the continued operation of legal non-conforming uses of land, buildings or structures in the Good General Agriculture Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitability of the expansion/enlargement is acceptable to the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of water and private waste disposal systems. 7.5.4 The expansion/enlargement will not encroach into or interfere with the function of significant wetlands, habitat of threatened or endangered species, areas of natural or scientific interest, significant woodlands and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By-law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agriculture Area except where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of government aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. In this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on ploughed fields, crop rotation and topsoil preservation. 7.8 Notwithstanding the Good General Agriculture designation of this Plan, two existing golf courses located in the northwest portion of the City are hereby recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to Townline Road. 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm-related residential dwellings will be permitted without severance for family members or farm help working full time on the farm, subject to a Zoning By-law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non-viable farm parcels. Severances will be in accordance with Part 4, Section 8 of this Plan. 7.10 The Minimum Distance Separation Formulae (MDS) of the Ministry of Agricultural, Food and Rural Affairs, as revised or updated from time to time, shall be applied where a new development or land use change is proposed within the Good General Agricultural Area designation or through a site specific zoning amendment. New dwellings on existing lots of record must also comply with the MDS. Appendix - Definitions Agricuit ai :aiUe -star:or uses means the activities required on site to make, he farm product market ready includ:ng but not 1lmited to, drying washing sorting pacing & packaging Cif iAcio 111 a ni Francesca Berardi From: Gwen Donofrio Sent: Monday, September 23, 2013 10:01 AM To: Francesca Berardi Subject: FW:Value Added Agricultural Uses --Comments From: Jean Grandoni [mailto:resourcesflrst-jeangrandoni alniagara.comj Sent: Monday, September 23, 2013 9:58 AM To: Gwen Donofrio Subject: Value Added Agricultural Uses --Comments To: Francesca Berardi, Policy Planner 4310 Queen St., Niagara Falls, Ont. L2E 6X5 Dear Francesca: Re: Proposed Value Added Agricultural Policies in the Good General Agricultural Area My concerns are as follows: Policy 7.1 Equestrian activities as you suggested at the Open House needs definition. I would not want to see a Racetrack in the prime lands of the area north of the Welland River. There is already one in Fort Erie and it is having problems. Policy 7.5 Legal non-conforming Uses—I disagree with their continued operation in the Northwest area where they consist of illegal Contractors yards that have been established through illegal dumping into floodplains ,creeks and floodways and are polluting the creeks and probably farm wells and have caused loss of cropland to farmers. Policy 7.5 7.5.4 FARM WELLS and WELL WATER RECHARGE AREAS and VALLEYLANDS should be added as areas not to be encroached upon or interfered with. Regards , Jean Grandoni (905-356-2962) RR#I Garner Rd., Niagara Falls, Ont. L2E 654 RECEIVED OCT 0 1 2013 P1 ANNPMI & DEL LONG ENT NIAGARA SOUTH FEDERATION OF AGRICULTURE �0 sisms I 11568 Hwy. 3,Wainfleet,On.,L0S1VO,905-899-1951 Fax 899-6059 joirsonlPtalkwireless.ca September 30, 2013. Re Value Added Agricultural Uses-Official Plan Amendment Number 112. Dear Ms Berardi, The Niagara South Federation of Agriculture represents and serves the farmers of Niagara South. Many of our Members live in Niagara Falls which has a large and under appreciated agricultural area, We are affiliated with the Ontario Federation of Agriculture the largest and most effective general farm organization in Ontario. Our Federation believes that any Municipal regulation or policy should respect all Normal Farm Practices. These could include, but are not limited to, the production of crops, the raising of livestock including horses, the spreading of manure, the application of crop protection products, the outside storage of hay, manure piles, the renting or leasing of land, farmer to farmer sales of agricultural commodities, and the sale of agricultural commodities to end users including consumers. We have long supported the ability of farmers to engage in Value Added Agricultural Activities that could enhance their ability to make a living on their farms and that could contribute to the local economy. We think these uses should be "as of right" as much as is reasonable. Our Federation very much appreciated the opportunity to review the Draft Value Added Policies and it is hoped that any suggestions that may have been made were helpful. Niagara Falls already features many examples of "value added agricultural uses" and we would hope that the new policies will serve to facilitate such activities even more. If we can be of any further assistance on this or any other issue please feel free to contact us. Yours truly, Joe Schonberger, President, Niagara South Federation of Agriculture. PBD-2013-63 Niagarafalls October 8, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-63 Official Plan Five-year Review RECOMMENDATION That Council receive the comments made at the public meeting. EXECUTIVE SUMMARY The City is required under the Planing Act to hold a public meeting once every five years to receive comments and suggestions for updates to the Official Plan. Comments from this meeting as well as those received from agencies and interest groups will be assessed by staff for incorporation into Official Plan policy. BACKGROUND Under the Planning Act, a public meeting is required every five years in order to provide a public forum to receive comments and suggestions for updates to an Official Plan. Sas part of this five-year review, staff will also be soliciting input from various agencies and interest groups for comments. The last five-year review culminated in Official Plan Amendment (OPA) No. 94, which will bring the Official Plan into conformity with the Growth Plan for the Greater Golden Horseshoe. OPA No. 94 is currently before the Ontario Municipal Board; staff anticipate resolution of the one remaining appeal shortly. Also during this time, staff undertook an number of amendments to the Official Plan, including: • Updates to bring the Official Plan in conformity with changes to the Planning Act and the Provincial Policy Statement; • Comprehensive policies that will guide the redevelopment of the former Cytec lands and the former CN Rail lands south of Buttrey Street, collectively known as the Brownfield Pilot Project Area; • New natural heritage policies; and • The Garner South Secondary Plan. October 8, 2013 -2 - PBD-2013-63 There are several policy matters which staff have highlighted for update and review: • Retail and Commercial Policies • Tourist Commercial Policies • Aggregates • Open Space and Parkland Strategy • Secondary Planning (Thundering Waters, Grassybrook/Chippawa) The comments generated by the public meeting as well as those received from agencies and interest groups will be assessed by staff as their suitability for incorporation into Official Plan policy. FINANCIAL IMPLICATIONS There are no financial implications associated with the proposed amendment. CITY'S STRATEGIC COMMITMENT A five-year of the Official Plan contributes to the City's Strategic Commitment for a Well Planned City and provides citizens the opportunity to offer their view on policies that contribute, through Planning policy, to the achievement of the Strategic Priorities. LIST OF ATTACHMENTS • None Recommended by: /Jci` Alex Herlovitch, Dir ctor of Planning, Building & Development Respectfully submitted: "T `Ken Todd, Chief Administrative Officer J.Barnsley Attach. S:\PDR\2013\PBD-2013-63, Official Plan 5-year Review.wpd • Niagara Escarpment Commission Commission de I'escarpement du Niagara + 232 Guelph St. 232,rue Guelph 't T Georgetown, ON L7G 431 Georgetown ON L7G 481 Niagara Escarpment Commission • Tel: 905.877-5191 No de tel.905-877-5191 _---- Fax. 905-873-7452 Teiecopieur 905-873-7452 An agency of the Government cf Ontario vnvw.esca rpment,org www.escarpment.org September 30, 2013 Ms Francesca Berardi Planning, Building & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms Berardi: Re: Notice of Public Meeting — 5 Year Review to the City of Niagara Falls Official Plan The Niagara Escarpment Commission (NEC) has received the Notice of Public Meeting, dated September 4, 2013, regarding the above-referenced Official Plan Review. Based on the Notice provided, staff understands that the City will be seeking input from commenting agencies in the near future. Staff would be pleased to provide comments at that time and requests that the NEC be kept informed of any proposed changes to the Official Plan, as they may impact and/or be impacted by the Niagara Escarpment Plan's policies. In preparation of the Official Plan Review, staff recommends that City staff review the latest consolidation of the Niagara Escarpment Plan which can be found online or a hardcopy can be made available. Should you have any questions or wish to discuss this further, please feel free to contact the undersigned via email at kellie.mccormack(a-ontario.ca or via phone at 905- 877-6370. Sincerely, 24Ut� *` c_— RECEIVED Kellie McCormack, MCIP, RPP OCT 0 1 2013 Senior Strategic Advisor PLANNING Cc: Martin Kilian (NEC) & DEVELOPMENT Ontario's Niagara Escarpment-A UNESCO World Biosphere Reserve September 30`h, 2013 Ms. Francesca Berardi, Planner 2, Policy Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Via email: fberardiniagarafalls.ca Dear Ms. Berardi: Re: Official Plan Review,The City of Niagara Falls Our File: PAR 26623 We have received notice of the Official Plan review. TransCanada has three high pressure natural gas pipelines as well as a compressor station in Niagara Falls. TransCanada PipeLines Limited is regulated by the National Energy Board which is a federal body. TransCanada reviews all proposed development within 200 metres of TransCanada's pipelines and 750 metres of Compressor Stations to ensure it does not affect the safety and integrity of our facilities. TransCanada's main goat is for landowners and developers to be aware of their facilities and know when they are required to contact TransCanada. It is important for developers to consult with us during the conceptual stage of development to ensure that any new development near the pipeline meets the National Energy Board's and TransCanada's requirements. We note that the Provincial Policy Statement considers the pipeline as "Infrastructure", a defined term, and that in Section 1.6.6.1 it states that "Planning authorities shall plan for and protect corridors and rights-of-way for transportation, transit and infrastructure facilities to meet current and projected needs." The following is standard wording based on adopted policies in other Ontario municipalities. It is suggested for use in Official Plans and is provided for your consideration. TransCanada is regulated by the National Energy Board which, in addition to TransCanada, has a number of requirements regulating development in proximity to the pipelines. This includes approval requirements for activities on or within 30 metres of the Authorized commenting Agency for LEHMAN 97 Collier St., t TransCanada & ASSOCIATES Barrie, ON L4M 1H2 (705) 727-0663 2 right-of way such as excavation, blasting and any movement of heavy equipment. New development can result in increasing the population density in the area that may result in TransCanada being required to replace its pipeline to comply with the CSA Code Z662. Therefore. the City shall require early consultation with TransCanada or its designated representative jar any development proposals within 200 metres of its facilities. Where development is proposed in close proximity to the TransCanada compressor station regard shall be given to noise levels. A noise and vibration study to be carried out by TransCanada may be required for development proposals within 750 metres of the compressor station. The study will determine if provincial guidelines can be achieved, and if necessary recommend appropriate mitigation measures. No permanent building or structure may be located within 7 metres of the pipeline right- of-way. Accessory structures shall have a minimum setback of at least 3 metres from the limit of the right-of:way. In areas of more urban development, the City will encourage the development of TransCanada's right-of way for passive parkland or open space purposes subject to TransCanada's easement rights' In addition, we request the Official Plan show TransCanada facilities on Schedule A. We can provide GIS shape files of the pipeline to the City; however a confidentiality agreement will need to be entered into prior to releasing the files. Please let us know if you would be interested in this option. Thank you for the opportunity to comment. We would appreciate being advised in what manner our policies will be incorporated into the Plan. If you have any questions, please do not hesitate to contact our office. Sincerely, Darlene Presley, Project Manager Authorized commenting Agency for LEHMAN 97 Collier St., 'I) TransCanada ASSOCIATES Barrie, ON L4M 1H2 (705) 727-0663 f) 0 3 3 c z a a -I 0 z y ara NIAGARA FALLS PUBLIC LIBRARY a� o. d 4848 Victoria Avenue N Niagara Falk ON L2E 4C5 -o ' Phone: 905-356-8080 CA 6/. j to Fax: 905-356-7004 ic LO) ww'v.nflibrary.ca September 19, 2013 His Worship Mayor Jim Diodati Members of City Council City of Niagara Falls, Ontario Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION Libraries Connect Ontario Public Library Week is October 20- 26, 2013 and coincides with Canadian Library Month, celebrated annually in October. The theme this year is "Libraries Connect," and is a great reminder of just how essential libraries are in the interconnected world in which we live. The public library enables people to connect with learning, information and recreational resources and promotes the growth of strong communities. Residents of Niagara Falls can be proud of their library, which has continued to be on the leading edge in keeping pace with the changing technologies and addressing the needs of our community. An important ongoing role we continue to provide is the range of Pre School Early Literacy programming that facilitates school readiness. The Niagara Falls Public Library Board requests that City Council proclaim October 20-26, 2013 "Public Library Week" in Niagara Falls. We encourage every person to use their public library this month and throughout the year. Library services are free and available to all residents. Connect 24/7 to our library's popular website at www.nflibrary.ca. Sincerely, U Monika Seymour Chief Librarian Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge-based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision-making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 20 - 26, 2013 is Public Library Week in Niagara Falls Signature 1cntsit3c rye i V relict atrice ;111 . O r.NON 17-24 i AV C ���---1. 1 • 7M1� It gives me great pleasure to call upon all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2013. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice (RJ) community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2013 will be held in Canada, and throughout the world, from November 17-24 for the purpose of sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a RJ approach and related processes. The theme this year is "Inspiring Innovation". RJ is a philosophy and an approach that views crime and conflict as harm done to people and relationships. It is a non-adversarial, non-retributive approach to justice that emphasizes healing in victims, accountability of offenders, and the involvement of citizens in creating healthier, safer communities. Inspiring Innovation encourages us to share and draw from leading edge examples of RJ as an inspired approach to justice. In addition to showcasing the field's achievements, the hope is that the theme will motivate those working in RJ to seek novel ways to contribute further to this valuable work be it through new technologies, resourcing options, service models, etc. Municipal recognition of Restorative Justice Week increases from year to year. In 2012, 273 municipalities across Canada proclaimed Restorative Justice Week, representing 19.64% of the Canadian population. Restorative Justice Week was also celebrated in over 20 other countries. This year, with your support, we hope to build on this success. Here are some ideas of what you could do as leaders in your community: • proclaim Restorative Justice Week 2013. Included with this letter is a copy of the prpclaratcn; • host a town hall meeting to promote and raise awareness about how RJ is expressed in your communities; • challenge your community partners to create a local planning committee for Restorative Justice Week 2013 activities; • invite a guest speaker from your community, who is involved in RJ, to share their perspectives. For more information on Restorative Justice Week 2013 events and availabie resources, visit CSC's Restorative Justice Division website at iv., n s:-s y a -Ibs .e a :a-xji ' Please send a copy of your signed proclamation or the minutes of the meeting proclaiming Restorative Justice Week 2013, as well as your contact information, by email to e. :_:_i ;;; or by fax to 613-943-2171. Note: If policy precludes your jurisdiction from proclaiming events, please advise as this information is collected annually for statistical purposes. , (Thy ' ^ I , Don Head Commissioner `+ctn:tinc ill: _ �� � . la ju�ticc rc11.11%tlrjcc 2111 ,3 0 "mcmbre I7-24 ' _ �,�y ; cy�i Ir de • A� Je suis tres heureux d'inviter tous les maires, les chefs, les prefets, les conseillers et les dirigeants de collectivite partout au Canada a proclamer la Semaine de la justice reparatrice 2013. Le Service correctionnel du Canada (SCC) est un partenaire actif dans le domaine de la justice reparatrice (JR) depuis plus d'une decennie; nous sommes tiers de fournir un leadership dans le cadre de cette celebration annuelle depuis 1996. La Semaine de la justice reparatrice 2013 se tiendra du 17 au 24 novembre d'un bout a I'autre du Canada et partout a travers le monde, dans le but de partager des apprentissages et des resultats concrets decoulant de ('experience croissante des intervenants et des partenaires dans ('application de l'approche de justice reparatrice et des processus qui y sont lies. « Au cceur de ('innovation » est le theme de cette annee. La JR est une philosophie et une approche dans le cadre de laquelle la criminalite et les conflits sont consideres surtout comme des torts causes aux personnes et aux relations. C'est une approche non conflictuelle et non punitive qui met('accent sur le retablissement des victimes, la responsabilisation des delinquants et la participation des citoyens, de maniere a creer des collectivites plus saines et plus sures. Au cur de ('innovation nous encourage a partager nos experiences avant-gardistes de la JR a titre d'approche creative de la justice. En plus de mettre en lumiere les realisations des intervenants, nous esperons que ce theme saura inspirer les personnes travaillant en JR, a trouver des solutions originales de contribuer davantage a ces remarquables efforts, soit au moyen de nouvelles technologies, d'options en matiere de ressources, de modeles de services, etc. La reconnaissance de la Semaine de justice reparatrice au sein des municipalites augmente d'annee en annee. En 2012, 273 municipalites de tout le pays representant 19,64 % de la population canadienne ont proclame cette semaine. De plus, au moins 20 autres pays ont celebres la semaine. Avec votre appui, nous esperons accroitre ce succes cette annee. Voici quelques idees que vous pourriez mettre en pratique en tant que notables dans votre collectivite : • Proclamer la Semaine de la justice reparatrice 2013. Vous trouverez avec cette lettre une copie de la ...a apor. • Tenir une assemblee publique pour promouvoir et conscientiser les gens sur la JR et la maniere dont elle est appliquee dans votre collectivite. • Lancer a vos partenaires communautaires le defi de creer un comite de planification local pour les activites de la Semaine de la justice reparatrice 2013. • Inviter un ou des conferenciers de votre collectivite ceuvrant dans le domaine de la JR, a faire connaitre leurs points de vue. Pour de plus amples renseignements sur la Semaine de la justice reparatrice 2013, incluant les ressources disponibles et les evenements qui se deroulent, visitez le site web de la Division de la justice reparatrice du SCC au '-_ — d.-_2. i a - ' e( r"3 Sri-H. Veuillez envoyer la proclamation officielle ou le graces verbal de la reunion confirmant votre participation a la Semaine de la justice reparatrice 2013, avec vos coordonnees, par courriel a ;..sticerepara:rce,a cs�sac c_ca ou par telecopieur au 613-943-2171. Remarque Si une politique empeche votre administration de proclamer un evenement.veuillez nous en aviser car ces informations sont recueillies chaque annee a des fins statistiques. 1 ,r, I Dean Iorfida From: Carey Campbell Sent: Wednesday, September 18, 2013 1:36 PM To: Dean Iorfida; Teresa Fabbro Cc: Kristine Elia Subject: FW: Proclamation Request - Restorative Justice Week/ Demande de proclamation - Semaine de la justice reparatrice Attachments: RJ Week Generic Proclamation, v2, Final, 2013-06-19, BIL.doc; RJ Week Proclamation Call Letter, Final, v2, 2013-06-21, BIL.pdf From: Stidwill Patrick (NHQ-AC) [mailto:Patrick.Stidwill©CSC-SCC.GC.CA] Sent: Tuesday, September 17, 2013 2:44 PM Subject: Proclamation Request - Restorative Justice Week/ Demande de proclamation - Semaine de la justice reparatrice . I A � ^ meva .c.',; HIo-v :nessi,e,n : rr4 us scsri To whom it may concern, Commissioner Don Head and Correctional Service Canada (CSC) are pleased to invite all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2013. Restorative Justice Week 2013 will be held in Canada. and throughout the world. from November 17-24. The theme this year is "Inspiring innovation". For more information on Restorative Justice Week 2013 events and available resources, visit CSC's Restorative Justice Division websitc at www e.s, ecc £>C.ca'restoraticc-justiccrinde' .shtml. Please send a copy of your signed proclamation or the minutes of the meeting proclaiming Restorative Justice Week 2013, as well as your contact information, by email to restoraticejttstice desc-scc.Lae.ca or by fax to 613-943-2171. Note: If policy precludes your jurisdiction from proclaiming events, please advise as this information is collected annually for statistical purposes. Mesdames. Messieurs. Fe commissaire. Don Head. et le Service correctionnel du Canada (SCC) sont tres heureux d'inviter tous les maires, les chefs, les prefets, les conscillers et les dirigeants de collectivite partout au Canada a proclamer la Semaine de la justice reparatrice 2013. Le theme pour la Semaine de la Justice reparatrice 2013, qui se tiendra du 17 au 24 Novemhre 2013, est a Au ceeur de ['innovation ». 1 Pour de plus amples renseignements sur les evenements pour la Semaine de la justice reparatrice 2013 et les ressources disponibles, visitez le site web de la Division de la justice reparatrice du SCC, au http:/Hwww.csc- scc.uc.ca4estorative-justice%index-fra.shtml. Veuillez envoyer la proclamation officielle ou le proces verbal de la reunion confirmant votre participation a la Semaine de la justice reparatrice 2013, avec vos coordonnees, par courriel a justicereparatrice O csc-scc.gc.ca ou par telecopieur au 613-943-2171. Remarque : Si une politique empeche votre administration de proclamer un evenement, veuillez nous en aviser car ces informations sont recueillies chaque annee a des fins statistiques. Patrick Stidwill Restorative Justice Division I Division de la Justice reparatrice Correctional Service Canada I Service correctionnel Canada 340 Laurier Avenue West avenue Laurier ouest Ottawa, Ontario K1A OP9 Patrick.Stidwi I I @CSC-SCC.GC.CA Telephone I Telephone 613-995-7863 Facsimilie I Telecopieur 613-943-2171 Government of Canada I Gouvernement du Canada 2 uti y ,; itc,tnr:lti• .Mat 1i'C f «ccl, /011 ter ' -- . \mcmbcr 17-2 4 i !1 l'111 Alit: (le —' z 4 ., 4 g�. ..,_<a-e.- la ill,t1Cl Kr i';II al itri1/4:c 2013 Novembre 17-2-4 i a� ,t<<r dC i 11°- TOPEREAS, in the face of crime or conflict, restorative justice offers a philosophy and approach that views these matters principally as harm done to people and relationships; and `W9fE�,E` f7S, restorative justice is a non-adversarial, non-retributive approach to justice that emphasizes healing in victims, accountability of offenders, and the involvement of citizens in creating healthier, safer communities. 'W1f7E9'vlf7S, this year's theme for Restorative Justice Week is 'inspiring Innovation", it is an opportunity to learn about restorative justice, educate and celebrate along with other communities across the country during the week. 27frEREFOfl, I, , do hereby (Title and Name). proclaim November 17-9V-avember24, 2013 asstorative Justice 'Weekin the of . (type of municipality) (name of municipality) �� Heart Th �H NI AC;All2A 35 YEARS 6017 Valley Way,Unit A,Niagara Falls ON L2E 1X9 *Tel:905-358-5552 Fax:905-358-6033 Email:info @heartniagara.com September 30, 2013 Mayor Jim Diodati 4013 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati: Sudden Cardiac Arrest Awareness Week November 3—November 9, 2013 Over 40,000 cardiac arrests occur annually across Canada. This equates to one cardiac arrest every 12 minutes. Without rapid treatment the vast majority of these cardiac arrests will result in death. It lies in the hands of the general public to act as the first line of defense for those afflicted with Sudden Cardiac Arrest(SCA). If residents can respond by administering CPR and using an Automated External Defibrillator(AED) before paramedics arrive. the chances of survival may increase to upwards of 75%. I leart Niagara(1977) is a registered, non-profit, charitable organization located in Niagara Falls dedicated to the primary and secondary prevention of cardiovascular disease (CVD) risk factors, the primary and secondary prevention of CVD, and community preparedness. Our mission is to empower members of our community with the education, promotion and tools to take charge of their own health. Since our establishment in 1977, Heart Niagara's programs of services have been, and continue to be, delivered to 12 municipalities in the region of Niagara. We are community leaders in providing essential AED and CPR training to residents in Niagara. The unique, hands-on approach to learning these life saving skills offered by Heart Niagara has directly increased survival rates in Niagara Falls. The Heart and Stroke Foundation has deemed November t CPR month. We see this as a great opportunity to create public awareness throughout the city of Niagara Falls. Heart Niagara, together with our community partners are making great strides in ensuring that the general public is confident in their ability to recognize, and act, at the scene of an emergency. It is our hope that consideration be given for Sudden Cardiac Arrest Awareness Week to be proclaimed during the week of November 3—November 9 of this year. With this proclamation we are taking steps to further educate the residents of Niagara Falls, making the city a safer place to work and live. If you have any other questions, or would like to request more information about our organization feel free to contact our offices: Sincerely, Tim Jakob Specialist, Re incitation Training Program and Deployment CC: Karen Stearne Ed Strohak Making Niagara Heart Healthy since 1977 Charitable Registration Number 107473316RR00111 Heart L N IAGA KA 35 YEARS 6013 Valley Way,Unit A,Niagara Falls ON L2E 1X9 *Tel:905-358-5552 Fax:905-358-6033 Email:info @heartniagara.com Sudden Cardiac Arrest Awareness Week November 3—November 9, 2013 PROCLAMATION WHEREAS Sudden Cardiac Arrest (SCA) is the sudden, unexpected loss of heart function which results from an electrical disturbance that originates in the heart. This disturbance disrupts the heart's ability to provide the brain and other vital organs with oxygenated blood, leading to immediate loss of consciousness, inability to breath and eventually, death, AND WHEREAS upwards of 40,000 cardiac arrests occur each year in Canada. SCA can happen to anyone, at anytime, regardless of age and physical health. The only definitive treatment for those afflicted with SCA is defibrillation with an AED (Automated External Defibrillator). The need for residents of the community to be made aware of the signs of SCA and to be trained in the use of AED is necessary to improve survival rates of those in our community, AND WHEREAS Heart Niagara is a leader in the Niagara Region for creating public awareness and providing AED and CPR training to aid in the rescue of those afflicted by SCA. We are proud to partner with 2001 City of Niagara Falls Sports Wall of Fame inductee Ed Strohak in making Niagara Falls and surrounding areas a safer place to work and live. THEREFORE be it resolved that the City of Niagara Falls will aid Heart Niagara in creating awareness throughout the region and declare the week of November 3 — November 9 Sudden Cardiac Arrest Awareness Week. 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Ul \ 2 / a - 0 - t - 5 } / ~ ` ( 7 2 o4 } - 6 Lb o ( - - = 2 } \ 7 J / 72c \ 2 _ { ` � ° ` ( Ct CHEMTRADE LOGISTICS July 8, 2013 Attention: Mr.Paul Widmeyer,Senior Environmental Officer Mr. Richard Vickers,District Manager Niagara District Office Ministry of the Environment 301 St. Paul Street,9th Floor, St.Catharines,ON L2R 7R4 Fax:905-704-4015 Regarding: Chemtrade Logistics Abatement Plan for Facility Throughput Exceeding Environmental Compliance Approval Limit Dear Mr.Vickers and Mr. Widmeyer, In response to the Ministry of the Environment's(MOE)email of July 3,2013, Chemtrade Logistics proposes the following Abatement Plan in response to increasing the facility's throughput of liquid sulphur dioxide above the current limit set in the facility's Environmental Compliance Approval (ECA) No. 9886-8T9KSU, issued July 3, 2012. Background Chemtrade Logistics Inc., Niagara Falls location is a chemical transfer and storage facility;there is no production or processing activities. In general terms the facility and operations can be described as:storage tanks,chemical transfer between storage tanks and railway tankers,chemical transfer between storage tanks and transport trucks, and chemical transfer between railway tankers and transport trucks. Chemicals handled at this site are not manufactured at the Niagara Falls location. Due to the unforeseen shutdown of our supplier Vale (facility in Sudbury, Ontario),the Chemtrade Logistics facility in Niagara Falls must increase the facility throughput of liquid sulphur dioxide to meet customers' needs. The impact from ceasing supplying the increased need for sulphur dioxide(502) would be the shutdown of Gold and Paper Mills in Ontario and Quebec which rely on this product for their production operations. These customers are listed in the table below along with their annualized volumes and the expected volumes of SO,for the rest of this year.The total estimated volume for 2014 will increase to 33,000 tonnes gradually through the year as customers' needs increase and new customers are secured. 6300 Oldfreld Road,Niagara Falls,ON L2G 318 T 905356.8763 F 905.356.9356 Summary of Tanker Truck SO2 Customers Serviced from Chemtrade Logistics'Niagara Falls Facility Customer City Prov Expected Annual Expected Volume End Use Volume Jul-Dec 2013 jtonnes) !tonnes' Detour Gold Cochrane ON 8,250 4,400T Cyanide destruction +(n Gold Corp Balmerton ON 1,210 550 Cyanide destruction JM r^ u S Tembec Kapuskasing ON 330 165 Sodium Hydro-Sulfite production d€ a �W • :�:' »'. .,. y .,. v','F, Westcast Wingham ON 165 110 Production of slurry for .yInd iron cast 9 °, J ,i- 3+� T Yp �E ^ a $$M1$ • 1.+ *_, _+ f. 4..5 r, "a. r a..i t: _y. s; L:"G'f,. 'Tl?"i $ . •11- r .-zf.?1W nail s,; Agnico Cadillac QC 825 440 Cyanide destruction Eagle s,a• :.. ...,;.:4' }S,14`µ g _.tJ lff;i ti a:a'cV r^s^'l&` + ,s'a"vfNr , ., lam Gold Preissiac QC 1,320 594 Cyanide destruction .... :x'tl`p? ,'�,, rmT+�,'.t�W 4ft`�'u[a9�,` zy:'�.r, f a. . .._..�u5b':n-,sv-��v ,� < AV 6.r"'��Y `. µXstrata Matagami QC 440 220 zinc/copper separation Av Nackawic NB 1,760 880 C1O2 production Nackawic TOTAL 21,010 10,934 These customers can only receive 502 via tank truck as they either do not have rail access or are not setup to receive a 502 railcar. Chemtrade is the largest marketer of liquid sulphur dioxide in North America and there is no other regional supplier that can support these customers. Anticipated Throughput Changes The Comprehensive(flexible) ECA currently allows for up to 2,500 tonnes of liquid sulphur dioxide throughput per year. That maximum was exceeded as of July 6th,2013. It is anticipated that that the demand for sulphur dioxide will continue to increase over the foreseeable future at the rate of approximately 1,000 tonnes per month up to a maximum of 33,000 tonnes per year in 2014. The above table forecasts the anticipated increased throughput over the rest of this year. We are considering constructing a production facility in Montreal Quebec that will reduce the throughput in Niagara Falls; however,this will take several years to complete. Engineering Changes and Operational Protocols to Mitigate Emissions The transfer of sulphur dioxide is a closed system and a truck mounted compressor is used to convey the pressurized liquid sulphur dioxide between a rail car and transport truck. Under normal operating conditions there is no release of sulphur dioxide to atmosphere during the transfer process. After transfer has been completed, the piping is"blown out" using air from the facility's compressed air supply and the air is discharged through an alkaline scrubber tank system to remove residual sulphur dioxide vapour prior to being discharged to the atmosphere. The increased throughput of sulphur dioxide will result in an increase in the frequency and total number of transfers from rail car to truck and an increase of the frequency of doing the piping"blow outs". Typically the scrubber is operated for 15 minutes after each transfer of sulphur dioxide. The same procedures would apply with the increased throughput scenario; however,the scrubber would be operated more often. As a precautionary measure, in preparation for the increasing throughput,Chemtrade will install a secondary alkaline scrubber tank by July 10,2013. The secondary scrubber is essentially a smaller version of the currently approved scrubber tank. The air flow now passes through the approved scrubber and then through the secondary scrubber prior to discharge to the atmosphere. This provides system redundancy with potential additional removal of sulphur dioxide prior to discharge to the atmosphere. Approval of this secondary scrubber will sought with the revised overall production and operational modifications as part of the upcoming application for amended ECA. Impact on Point of Impingement(POI)Concentrations The addition of the secondary alkaline scrubber tank will provide redundancy and additional removal of sulphur dioxide from the blowing out process to clean the sulphur dioxide piping. Therefore, even with the more frequent use of the scrubber on a 24-hour basis, Chemtrade Logistics is confident that the modelled Point of Impingement (P01)concentrations will continue to be less than the applicable PO1 limit. Updates to the maximum operating scenario,emission rate calculations, air dispersion modelling using AERMOD, and comparison to O.Reg.419/05 Schedule 3 Standards will be incorporated into an updated Emission Summary and Dispersion Modelling Report (ESDM)which will accompany the application for an amended ECA. Contingency Plan Over the past two years, Chemtrade Logistics has been working on a project that will increase our monitoring and measuring of sulphur dioxide as part of a leak detection system and response plan.This program will be incorporated into our Environmental Emergency(E2) Plan once it has been commissioned. The current plan is for this system to be complete by end of August 2013 with commissioning and startup in September 2013. We have designed a system that will take specific actions if SO2 is detected. It includes the addition of control valves, SO2 sensors, pressure sensors,flow meter and a PLC for control. The system will alarm if SO2 is detected allowing operators to take action. If the SO2 levels do not recede the PLC will bring the process to a safe state by stopping the transfer operation clearing the lines and then venting them to the scrubbers.The PLC and SO2 sensors will run continuously and are placed so that we can immediately determine the location of any leak. In addition to this system, we are adding a secondary emergency egress road to the site. This action is a result of the tabletop exercise that was held November 2012 with our local emergency responders. All necessary permits have been obtained from the Niagara Peninsula Conservation Authority(NPCA)and the City of Niagara Falls and construction will start soon. Application for Environmental Compliance Approval Chemtrade Logistics retained Stantec Consulting Ltd. (Stantec)on July 3, 2013 to prepare an application for an amendment to the ECA including an updated Emission Summary and Dispersion Modelling Report(ESDM)and an updated Acoustic Assessment Report(AAR). Stantec is familiar with the facility and prepared the ESDM and AAR which formed the basis of the current ECA. Chemtrade Logistics is currently refining the anticipated future operating scenario and other potential facility modifications which might be required in the future which will form the basis of the application for amendment of the ECA. Chemtrade anticipates that a thorough and complete application for amendment to the facility's existing Comprehensive ECA including an ESDM and AAR will be submitted to the MOE by August 30,2013. Closure We trust that this letter demonstrates the unexpected and critical need for Chemtrade Logistics to exceed the currently approved maximum throughput limit of sulphur dioxide and confirms that precautionary and contingency measures are being put into place to ensure that the POI concentration of sulphur dioxide remains below the applicable limits. Chemtrade Logistics is committed to minimizing our impact to the natural environment and the public. We will work responsively with Ministry of the Environment to prepare a complete ECA amendment application including an ESDM and AAR demonstrating compliance to enable the issuance an amended ECA. Should you wish to discuss further, please contact Joe luliano, P.Eng, Corporate Projects Manager (Tel: 905-354-3233, Fax:905-356-9356, Mobile:905-401-8094, iuiiano @chemtradeicgistics.com). Respectfully, Joe luliano, P.Eng. Corporate Projects Manager CC: David Burroughs- Director EHS, North America Susan Fern-MacDougall,-Directory EHS,Canada Page 1 of 2 Comment saved The comment for this EBR notice has been successfully received in the system. Please print for your records. EBR Registry Number: 011-9842 Comment ID 160669 Contact name: Ken Todd Organization City of Niagara Falls Home address: 4310 Queen Street. P.O. Box 1023 City: Niagara Falls Province: Ontario Postal code: L2E6X5 Telephone#: (905) 356-7521 Ext. 5100 E-mail address: ktodd©niagarafalls.ca Comment Comments on Chemtrade Logistics Application to the Ministry of the Environment The City of Niagara Falls has the following comments regarding the Ministry of the Environment(MOE) application for a proposed increase in Chemtrade Logistics' operations at their Oldfield Road facility in Niagara Falls. Ontario. Background The Chemtrade Logistics facility is a chemical handling (transfer and storage) facility. It is not a production or processing operation. Sulphur dioxide, sulphuric acid and sulphur products arrive at the facility by rail and are transferred directly to storage tanks or transport trucks for distribution. The application by Chemtrade Logistics would increase throughput of liquid sulfur dioxide from 6 or 7 trucks per day to 20 to 22 trucks per day. resulting in a 200% increase in tanker truck traffic used to transport the chemical from the facility. Transportation Considerations Trucks entering and leaving the Chemtrade facility access McLeod Road via Drummond Road. or Dorchester Road and Oldfield Road, which are identified as a collector road and an arterial road, respectively, in the Official Plan. Both routes transport the chemicals through existing and future residential areas. Typically, the city strives to eliminate heavy truck traffic through residential neighbourhoods. The proposed increase in heavy truck traffic along these streets could potentially impact on local residents through increased truck noise, increased traffic safety concerns. vibrations, and the increased risk of chemical spills. These issues have already been brought to the attention of the City during Chemtrade's current operation. Additional heavy truck traffic will result in the premature deterioration of the road infrastructure. Planning Considerations The City of Niagara Falls Official Plan designates the lands Residential and Environmental Protection Area. Given the Residential designation of the lands. the long term goal of the Official Plan is for the industrial use to cease and the lands to convert to residential uses. Notwithstanding the above, the lands are zoned General Industrial, special provision 312, which permits the current chemical transfer use on the lands. This zone should be brought into conformity with Official Plan. Toxicity and Emergency Response Considerations The main product at Chemtrade Logistics is Sulphur Dioxide. The Emergency Response Guide indicates that sulphur dioxide is 'toxic: may be fatal if inhaled. ingested or absorbed through the skin."The vapours are initially heavier than air and spread along the ground. If the vapours are mixed with water. the result is a mixture of Sulphurous Acid and Sulphuric Acid, which is very corrosive and could cause serious burns upon human contact. http://www.ebr.gov on.ca/ERS-WEB-External/noticeAddEditComment.do 10/1/2013 Page 2 of 2 The greatest risk of chemical spill is during an on-site chemical transfer from rail car to tank truck or storage facility. However. road or rail accidents can also cause a chemical release within the community. The initial isolation and protection distances for a large spill are 400m initial isolation (evacuation) and protect persons downwind 2.1 km during day and 5.7 km during the night. These distances present a significant challenge for first responders, especially given the proximity to residences on local roadways used as transportation routes. Since the 1970's, Chemtrade has facilitated transport of toxic products through the city. The requested increase in throughput does not present a new risk. but it does present a higher risk at an existing operation. It is difficult to quantify the risk as the City is not aware of any significant spills at this plant, or as the product has been moved into or out of the city. The company has held emergency exercises with local emergency responders to enhance preparedness in the event of a spill, and have just built a secondary emergency access roadway from Oldfield Road. Discussions regarding public notifications during emergencies are ongoing. The company is currently installing new PLC control units to automate the transfer process and help to reduce the opportunity for human error, and 9 new SO2 monitors within the site to facilitate early identification of chemical releases. Summary The City of Niagara Falls has several concerns about the intensification of Chemtrade Logistics activities at their Oldfield Road location, as it will result in: • Increased truck traffic through residential areas • Premature deterioration of the road infrastructure due to heavy truck traffic • Increased risk of an incident or spill involving toxic chemicals in a residential area • Further delay of new subdivision development approved for the vicinity surrounding the operation's location Potential Mitigation Opportunities Should the application be approved,the City of Niagara Falls respectfully requests that Chemtrade provide the funds to improve an alternate. less populous route (south of the property through the City's industrial business park via Chippawa Parkway and Stanley Avenue)to the highway for their transport truck traffic. The following alternate/additional actions would also help mitigate the effects of a throughput increase at Chemtrade Logistics and should be added as conditions to any approval for increased truck traffic generated as a result of this application: • Improve Oldfield Road. and Drummond Road and Dorchester Roads from Oldfield to McLeod to accommodate heavy trucks. should the current product transport routes continue to be used • Identify additional safety measures at the plant to prevent accidents • Identify and implement an early warning system for area residents in the event of a spill -=r http://www.ebr gov.on.ca/ERS-WEB-External/noticeAddEditComment.do 10/1/2013 W F D y CITY Oi• CANADA NIAGARA FAILS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2013 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: I. By-law No. 89-2000. as amended. is hereby further amended (I) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East A point 57 metres north of Forestview Bouievard/ At AU Times Rideau Street and a point 49 metres south of Forestview Boulevard/Rideau Street Kalar Road West A point 143 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 30 metres south of Forestview Boulevard/Rideau Street -2- (2) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN I COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 140 metres north of Forestview Boulevard/Rideau Street (3) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East Rideau Street and At All Times a point 24 metres north of Rideau Street Kaler Road East A point 85 metres north of Catalina Street and At All Times a point 100 metres north of Catalina Street Kalar Road West A point 115 metres south of Lundy's Lane and At All Times a point 128 metres south of Lundy's Lane Kalar Road West A point 142 metres south of Angie Drive At All Times a point 158 metres south of Angie Drive (4) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN I COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East Rideau Street and At All Times A point 49 metres south of Rideau Street Kalar Road East A point 24 metres north of Rideau Street and At All Times a point 58 metres north of Rideau Street Kalar Road East A point 43 metres south of Lundy's Lane and At All Times a point 60 metres north of Lundy's Lane Kalar Road West A point 60 metres north of Lundy's Lane and At All Times a point 115 metres south of Lundy's Lane Kalar Road West A point 158 metres south of Angie Drive and At All Times a point 30 metres south of Forestview Boulevard/Rideau Street (5) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East A point 58 metres north of Rideau Street and At All Times a point 85 metres north of Catalina Street Kalar Road East A point 60 metres north of Lundy's Lane and At All Times Harvest Crescent Kalar Road West Feren Drive and At All Times and a point 60 metres north of Lundy's Lane Kalar Road West A point 128 metres south of Lundy's Lane and At All Times a point 142metres south of Angie Drive (6) by removing from the specified columns of Schedule U thereto the following items: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Kalar Road Forestview Boulevard/ 1.5 Metre Curb Lane At All Times Southbound Rideau Street and for Cyclists Only McLeod Road Kalar Road McLeod Road and a point 1.5 Metre Curb Lane At All Times Northbound 105 metres south of for Cyclists Only Forestview Boulevard/ Rideau Street (7) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Kalar Road Lundy's Lane and 1.5 Metre Curb Lane At All Times Northbound and McLeod Road for Cyclists Only Southbound -4- This By-law shall come into force when the appropriate signs are installed or removed. Passed this eighth day of October, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 8, 2013 Second Reading: October 8, 2013 Third Reading: October 8, 2013 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of October, 2013. 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 8`h day of October, 2013 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 eighth day of October 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: October 8, 2013 Second Reading: October 8, 2013 Third Reading: October 8, 2013