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2013/11/12 Nia"araal1s COUNCIL MEETING November 12, 2013 PRAYER: Councilor Pietrangelo ADOPTION OF MINUTES: Council Minutes of October 22, 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. DEVELOPMENT CHARGES MATTERS L-2013-39 Mausoleum Development Charges REPORTS * * * * * 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. CD-2013-07- Medicinal Marihuana Program F-2013-63 - MacBain Centre Renovations, Tender Award MW-2013-47 - Mandatory Participation - Ontario One Call MW-2013-53 - Emerald Ash Borer - Ash Tree Population - 2 - PBD-2013-70 -PLC-2013-009, Request for Removal of Part Lot Control, Block 83, Registered Plan 59M-388,Warren Woods Phase 1 Subdivision,Applicant: Armstrong Hunter and Associates R& C-2013-20 - City of Niagara Falls Culture Plan TS-2013-44 - Ontario Avenue between Bampfield Street and Seneca Street - Parking Control Review TS-2013-46 - Lease of Space Within the Niagara Square TS-2013-47 - Monthly Parking Incentive - Main Street Parking Lots MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Office of the Regional Chair - correspondence in response to city report CAO-2013-06. RECOMMENDATION: For the information of Council. 2. Town I of Niagara-on-Vic-Lake -- r€2;solutiVI I to ih° Region on the I I IL,V 1.11.41 n Road Bridge. Also included is the region's response to city report MW-2013-48. RECOMMENDATION: For the information of Council. 3. City of St. Catharines - requesting support of their resolution calling on the region to fund additional downtown policing in their municipality. RECOMMENDATION: For the information of Council. 4. Vietnamese Boat People Memorial Monument Committee - requesting that Council consider housing a proposed monument. RECOMMENDATION: Receive and file. 5. 2391395 Ontario Ltd. - requesting that Council approve a municipal council support resolution, through the FIT program, for a rooftop solar facility at 8299-8251 Dock Street. RECOMMENDATION: Council approve the related resolution. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration - 3 - RATIFICATION OF "IN CAMERA" MATTERS PRESENTATIONS/DEPUTATIONS Niagara Falls Tourism Toni Williams, Director, Operations and Consumer Marketing and Vittoria Wikston, Director, Business Development, of Niagara Falls Tourism, will be in attendance to update Council on the bureau's activities. Rotary Club of Niagara Falls Sunrise Nancy Tkachuk and Scott Wright of the Rotary Club of Niagara Falls Sunrise will update Council on the future location of Ribfest and ask for relief related to the City's Noise By-law. Walton Group The Mayor and Lucio Polsinelli, of the Walton Group, a real estate investment and development company with holdings in the municipality,will be making cheque presentations to Lyndesfarne, Habitat for Humanity and the GNGH Foundation. PLANNING MATTERS 7:00 P.M. Public Meeting: AM-2013-015, Zoning By-law Amendment Application 6693-6719 Thorold Stone Road Applicant: Lally Homes Ltd. (John Lally) Owner: 938002 Ontario Ltd. Proposed 20 Unit, 3-Storey Apartment Building Recommendation Report: PBD-2013-66 * * * * * RESOLUTIONS THEREFORE BE IT RESOLVED THAT Council of the city of Niagara Falls supports the construction and operation of the Project (rooftop solar panels) on the Lands (8299-8251 Dock Street) - 4 - BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-161 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2013-162 A by-law to authorize the execution of an Extension Agreement with Norm Armitage Receiver/Manager respecting a tax obligation. 2013-163 A by-law to designate Block 83, Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-009). 2013-164 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of November, 2013. * * * * * NEW BUSINESS L-2013-39 NiagaraaalIs November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2013-39 Mausoleum Development Charges Our File No. 2011-214 RECOMMENDATION That the claim for a refund of Development Charges set out in the letter of October 3, 2013, addressed to the Chief Administrative Officer of the City of Niagara Falls made in connection with the construction of a mausoleum at 4764 Portage Road in the City of Niagara Falls, be denied. BACKGROUND The developer of a mausoleum that is under construction at 4764 Portage Road does not want to pay Development Charges in connection with that development. They have made a claim for a refund of Development Charges. This claim has been denied as was explained to the Claimant in the attached letter and in a subsequent telephone conversation between the City Solicitor and Mr. Delduca, who Staff understands, is a principal of the developer of the mausoleum. ANALYSIS/RATIONALE The simple and complete answer to every argument raised in the Claimant's letter is that mausoleums are made subject to Development Charges by the specific wording of By-law No. 2009-120, the City's Development Charges By-law (copy attached). The By-law was enacted after an extensive public consultation process during which the sort of arguments advanced by the Claimant can be, and were, made. It is prior to the enactment of the By- law that this type of political and ideological argument takes place. Once a By-law is enacted, political and ideological argument is over, the By-law is enforced as written. This is the law of Ontario. Further: • The practices of other municipalities are irrelevant to the interpretation of the City's By-law in this instance, where the subject land use is specifically addressed in the By-law. • How a mausoleum is treated in any other statutory instrument is completely irrelevant to the circumstances in which the subject land use is specifically addressed in the By-law. November 12, 2013 - 2 - L-2013-39 • Any argument that the use is an industrial use is completely and totally precluded by the specific wording of the By-law. • Granting a refund or exemption in the face of the specific wording of the Development Charges By-law would render the Development Charges By-law completely unenforceable in future situations. Any land user listed in the By-law would simply have to come forward with similar policy-based arguments and claim a similar exemption. By-law No. 2009-120 could not be relied upon to defend the imposition of the Development Charge because Council would have already advised the development industry that the words set out in the By-law will not be enforced. As there is no legal basis whatsoever of any colour, kind or description in favour of the position of the Claimant, the request is a request for an illegal bonus. If paid, the bonus would have to be paid, not from Development Charges funds, but from funds drawn from the general tax base. Staff reiterates that the request should be turned down. LEGAL IMPLICATIONS Enforcement of the Development Charges By-law would be extremely problematic, if not impossible. FINANCIAL IMPLICATIONS Any grant would have to be paid out of funds derived from taxes. CITY'S STRATEGIC COMMITMENT Declining this request is in keeping with Council's commitment to infrastructure sustainability,financial sustainability, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. LIST OF ATTACHMENTS • City of Niagara Falls' Development Charges By-law No. 2009-120: • Letter from Ken Beaman to Michael Delduca, dated July 23, 2013; and • Letter from Theresa MacDonald to Ken Todd, dated October 3, 2013. Recommended by: 1L1 y Ken Beaman, City Solicitor jjairiAA) ! Respectfully submitted: Keys Todd, Chief Administrative Officer KB Attachments ATTACHMENT " I CITY OF NIAGARA FALLS By-law No. 2009- 120 A By-law with respect to development charges. WHEREAS the City of Niagara Falls will experience growth through development and redevelopment; AND WHEREAS development and redevelopment requires the provision of physical and social services by the City; AND WHEREAS Council desires to ensure that the capital costs of meeting development related demands on municipal services does not place a financial burden on the City or its existing taxpayers,while at the same time ensuring new development contributes no more than the net capital cost attributable to providing the historical level of municipal services, less benefit to existing development and other statutory deductions; AND WHEREAS the Development Charges Act, 1997 permits Council to pass a by-law for the imposition of development charges against land to pay for increased capital costs required because of increase needs for services arising from development of the area to which the by-law applies,and any one or more of the actions set out in subsection 2(2)of the Development Charges Act, 1997 are required for such development; AND WHEREAS Council had before it a report entitled the "City of Niagara Falls Development Charge Background Study"(the"Study")submitted by Watson&Associates Economists Ltd.,dated June 12, 2009; AND WHEREAS Council has reviewed the Study and has considered the comments of the public at a public meeting duly called on June 29, 2009 to consider the enactment of a by-law under the Development Charges Act, 1997; AND WHEREAS the proposed by-law for the imposition of development charges against land has changed following the public meeting, and Council has determined that no further public meeting is necessary. AND WHEREAS the Council of the Corporation of the City of Niagara Falls has heard from all persons who applied to be heard no matter whether in objection to,or in support of,the development charge policies proposed in the study at the public meeting held on June 29,2009. Page 1 of 29 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this by-law: (1) "Act"means the Development Charges Act, 1997, S.O. 1997,c.27 as amended; (2) "affordable housing": means affordable housing provided by a proponent where funding is available and an agreement exists between an upper tier level of government(s)and/or its respective agencies as boards for such purpose. (3) "agricultural use"means use or intended use for bona fide farming purposes: (a) including(but limited to): (i) cultivation of crops,whether on open land or in greenhouses including (but not limited to) fruit, vegetables, herbs, grains, field crops, sod,trees, shrubs, flowers, and ornamental plants. (ii) raising of animals,including(but not limited to)cattle,horses,pigs, poultry, livestock,fish; and (iii) animal husbandry, dairying, equestrian activities, horticulture, fallowing,pasturing,and market gardening. (b) but excluding: (i) retail sales activities;including but not limited to restaurants,banquet facilities, hospitality facilities and gift shops. (4) "board of education"has the same meaning as that specified in subsection 1 (1) of the Education Act,R.S.O. 1990, c.E.1,as amended; (5) "capital cost"means costs incurred or proposed to be incurred by the City or a local board directly, or by others on behalf of, and as authorized by, the City or local board; (a) to acquire land or an interest in land, including the capital component of a leasehold interest; (b) to improve land; (c) to acquire, lease, construct or improve buildings and structures; Page 2 of 29 (d) to acquire, lease, construct or improve facilities including, (i) rolling stock with an estimated useful life of seven years or more; (ii) furniture and equipment, other than computer equipment; (iii) materials acquired for circulation,reference or information purposes by a library board as defined in the Public Libraries Act,R.S.O. 1990, c.P.44, as amended; (e) to undertake studies in connection with any of the matters in subparagraphs (a)to(d)required for the provision of services designated in a development charge by-law within or outside the municipality,including interest on money borrowed to pay for costs described in the said subparagraphs; and (f) for the development charge background study required under section 10 of the Development Charges Act, 1997; (6) "core tourist area"means the entire area identified as Core Tourist Area in schedule `F' to this by-law; (7) "City"means The Corporation of the City of Niagara Falls; (8) "Council"means the Council of The Corporation of the City of Niagara Falls; (9) "development"includes re-development; (10) "granny flat"means a one-unit detached,temporary residential structure,containing culinary and sanitary facilities that is ancillary to an existing residential structure and that is designed to be temporary; (11) "local board"means a local board as defined in section 1 of the Municipal Affairs Act,R.S.O. 1990,c. M.46,as amended,other than a board as defined in subsection 1 (1)of the Education Act; (12) "local services"means those services,facilities or things which are related to a plan of subdivision, are within the area to which the plan relates,or are installed or paid for by the owner as a condition of approval under section 53 of the Planning Act, R.S.O. 1990,c.P.13, as amended; (13) "net capital cost" means the capital cost, less capital grants, subsidies and other contributions made to a municipality or that the Council of the municipality anticipates will be made, including conveyances or payments under sections 41, 50 Page 3 of 29 and 52 of the Planning Act in respect of the capital cost; (14) "non-urban"means the entire area identified as"non-urban area"in Schedule `B'to this by-law; ((15) "owner" means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed; (16) "parking structure" means buildings or structures uses for the parking of motor vehicles; (17) "place of worship"means any building or part thereof that is exempt from taxation as a place of worship pursuant to the Assessment Act, R.S.O. 1990, c. A.31, as amended; (18) "rate"means the interest rate established weekly by the Bank of Canada for Treasury Bills having a term of 30 days; (19) "re-development"means the removal of buildings or structures or parts of buildings of structures from land, and the construction or erection of other buildings or structures or parts of buildings or structures thereon; (20) "regulation"means O.Reg. 82/98 of the Development Charges Act, 1997; (21) "services"means those services, facilities, accommodations and things designated in Schedule"A"to this by-law; (22) "services-in-lieu"means those services specified in an agreement made under section 17 of this by-law. (23) "servicing agreement"means an agreement to provide municipal services to specified lands within the municipality; (24) "urban area"means the entire area identified as"urban area"in Schedule`B"to this by-law. (25) "urban services" means any facilities outlined in the Study which relate to the provision of sidewalks, water works, sanitary sewer works and storm water management works. Page 4 of 29 PART 1 APPLICATION 2. (1) This by-law applies to all lands in the City of Niagara Falls,whether or not the land or use thereof is exempt from taxation under section 3 of the Assessment Act. (2) Notwithstanding subsection 2(1),this by-law does not apply to the development of land that is owned by and used for the purposes of: (a) a board of education; (b) the City, or any local board thereof; (c) the Regional Municipality of Niagara, or any local board thereof, and (d) the surrounding area municipalities, or any local board thereof. 3. (1) Subject to subsection 3(2),development charges shall apply and shall be calculated and collected in accordance with the provisions of this by-law on land to be developed for residential and non-residential uses, as herein defined, or any combination thereof, where the development requires: (a) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act; (c) a conveyance of land to which a by-law passed under subsection 50(7)of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (f) the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998,c.19,as amended; or (g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c.23, as amended, in relation to a building or structure. Page 5of 29 (2) Subsection 3(1)shall not apply in respect of a condition or agreement under section 51 or 53 of the Planning Act which provides for: (a) local services related to a plan of subdivision or within the area to which the plan relates to be installed or paid for by the owner as a condition of approval under section 51 of the Planning Act; or (b) local services to be installed or paid for by the owner as a condition of approval under section 53 of the Planning Act. 4. (1) Where two or more of the actions described in subsection 3(1) are required before land to which a development charge applies can be developed,only one development charge shall be calculated in accordance with the provisions of this by-law. (2) Notwithstanding subsection 4(1), if two or more of the actions described in subsection 3(1)occur at different times, and if the subsequent action has the effect of increasing the need for municipal services as designated in sections 7 and 11,and additional development charge shall be calculated and collected in accordance with the provisions of this by-law. Page 6 of 29 PART II RESIDENTIAL DEVELOPMENT CHARGES 5. In this part: (1) "apartment" means a building consisting of one or more dwellings which is not a single detached dwelling, a semi-detached dwelling or a townhouse dwelling as defined herein; (2) "development"includes re-development; (3) "development charge"means residential development charge; (4) "dwelling"means any part of a building or structure used or capable of being used as the residence of one or more persons,but does not include a hotel,motel or other commercial establishment; (5) "dwelling unit"means a room or suite of two or more rooms designed or intended for use by an individual or by one family only as an independent and separate housekeeping establishment,and in which separate cooking and sanitary facilities are provided for the exclusive use of such occupants; (6) "Region"means Regional Municipality of Niagara; (7) "residential use" means single detached dwelling, semi-detached dwelling, townhouse dwelling and apartment as herein defined; (8) "semi-detached dwelling" means a residential building divided vertically or horizontally into two separate dwelling units; (9) "single detached dwelling"means the whole of a separate building which contains not more than one dwelling unit; (10) "townhouse dwelling: means a building containing three or more separate dwelling units having a common wall between each two adjacent dwelling units each of which has an independent entrance, and includes any other residential building having not more than 8 dwelling units. 6. The urban area charge and non-urban area charge as set out in section 7, is applicable to those specific areas identified in Schedule `B' of this by-law. 7. (1) Subject to the provisions of this part and this by-law, development charges against land to be developed for residential use shall be calculated and collected at the following rates: Page 7 of 29 Residential Residential Service Development Charge Per Unit Development Charge Per Unit Urban Area Non-Urban Area Single&Semi Apartment Townhouse Single Apartment Townhouse Detached Municipal Wide Charge Development-related Studies S 274 $ 149 5 183 $ 274 $ 149 $ 183 Parks and Recreation $ 1,848 $ 1,005 $ 1,232 $1,848 $ 1,005 $ 1,232 Library $ 235 $ 128 $ 157 $ 235 $ 128 $ 157 Roads and Related $ 1,451 $ 789 $ 967 $1,457 $ 789 $ 967 Transit $ 295 $ 161 $ 197 $ 295 $ 161 S 197 Sub-Total $ 4,103 $ 2,232 $ 2,736 $4,103 $ 2,232 $ 2,736 Urban Area Charge Sidewalks $ 131 S 71 $ 87 NIA NJA N/A Water $ 453 $ 246 $ 302 N N/A N/A Sanitary Sewer $ 2,997 $ 1,631 $ 1,998 N N/A N/A Storm Water Management $ 2.316 $ 1,260 $ 1,544 N/A N/A N/A Sub-Total $ 5,897 $ 3,208 $ 3,931 Total $ 10.000 S 5,440 5 6,667 $ 4,103 $ 2.232 b 2.736 (2) Notwithstanding any other provision of this By-law, no development charge is imposed under this By-law respecting: (a) granny flats; (b) lands and buildings which are entirely occupied and used or intended to be used for affordable housing units where the Region has entered into an agreement with a person for the provision of a municipal capital facility [municipal housing project facility]which provides for development charges exemptions as set out in section 110 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. Page 8 of 29 (3) Notwithstanding subsection 7(1),a 75%residential development charge exemption shall be granted for development of the type defined in paragraph 7(3)(a),and located within the area defined in paragraph 7(3)(b), and subject to such development meeting all of the conditions set out in paragraph 7(3)(c). (a) addition of residential units to existing residential, non-residential or mixed use buildings; and/or residential conversion of existing non-residential and mixed use buildings that creates additional residential units; and/or new residential developments on vacant lot/lots; and/or redevelopment of mixed use buildings that creates additional residential units. (b) The Downtown Niagara Falls Community Improvement Project Area as outlined in Schedule "D" or the Historic Drummondville Community Improvement Project Area, as outlined in Schedule "E". (c) 1) Based on the decision of the Treasurer, the property taxes for the property on which the development is located, are in good standing at the time of the application; and 2) Based on the decision of the Director of Planning and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and 3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; and 4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and, in addition, 5) The Director of Planning and Development,may require the applicant to submit for approval,professional design/architectural drawings in conformity with any municipality-issued urban design guidelines,as well as traffic impact studies or studies of microclimatic conditions (e.g. sun,shadow,wind)and such requirements must be met prior to the City granting the development charge exemption. Page 9 of 29 (4) Notwithstanding subsection 7(1),a residential development charge exemption of up to 75% of the amount otherwise payable is calculated in accordance with eligible costs approved under the Brownfields Rehabilitation Grant Program as set out in paragraph 7(4)(a),granted for development of the type defined in paragraph 7(4)(b), located within the area defined in paragraph 7(4)(c), subject to such development meeting the conditions set out in paragraph 7(4)(d) and subject to additional City development charge exemption of up to a further 25%, based on the eligibility requirements set out in paragraph 7(4)(e),where the development also qualified for the 75%exemption. (a) Eligible costs include only the costs of: (i) a Phase II ESA, Remedial Work Plan, and Risk Assessment not covered by the Environmental Study Grant Program or the Brownfields Tax Assistance Program; and/or (ii) environmental remediation,including the cost of preparing a Record of Site Condition (RSC), not covered by the Brownfields Tax Assistance Program; and/or (iii) placing clean fill and grading not covered by the Brownfields Tax Assistance Program; and/or (iv) installing environmental and/or engineering,controls/works, as specified in the Remedial Work Plan and/or Risk Assessment,not covered by the Brownfields Tax Assistance Program; and/or (v) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Program; and/or (vi) environmental insurance premiums not covered by the Brownfields Tax Assistance Program. (b) The Brownfields development charge exemption potentially applies to any form of residential development which is subject to a development charge, subject to such development application meeting the requirements of this subsection. Page 10 of 29 (c) The Brownfields Community Improvement Project Area is the area designated as Urban Area in the City of Niagara Falls Official Plan, as amended from time to time. (d) 1) All properties considered eligible for the Brownsfields Development Charge Exemption Program must have an approved Rehabilitation Grant Program Application and Agreement in place and must have a Record of Site Condition (RSC) filed in the Environmental Site Registry for the proposed use with said RSC acknowledged by the Ministry of Environment; and 2) Based on the decision of the Director of Planning and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and 3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals. 4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and, in addition, 5) The Director of Planning and Development,may require the applicant to submit for approval,professional design/architectural drawings in conformity with any municipality-issued urban design guidelines,as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow,wind)and such requirements must be met prior to the City granting the development charge exemption. (e) Development which, based on the decision of the Director of Planning and Development, includes three or more of the following features: 1) "intensification of an existing use," meaning redevelopment or building addition so as to add floor area and/or a residential unit or units. 2) "Creation of mixed uses," meaning redevelopment, addition or conversion so as to add a new compatible use or uses to a building or Page 11 of 29 property. "Creation of mixed uses"also means new development that proposes a mixed use building or a mix of uses on the site. 3) "Contribution towards the creation of a walkable neighbourhood character," meaning development, redevelopment, addition or conversion within a neighbourhood context that features one or more of the following: safe and clearly demarcated pedestrian access to and within the development site; building orientation and pedestrian access oriented toward the street; site and building access directly from the street without requiring passage across a driveway or parking area; street-oriented building facade that features fenestration and entranceway to create a sense of permeability and movement between the street and the building interior; contribution to the quality of the public space on the street by the provision of space for public assembly, street furniture, artworks and/or landscaping. (4) "Creation of a range of housing opportunities and choices,"meaning development, redevelopment, addition or conversion that adds multiple-unit housing types to the housing stock. (5) "Reduced setback from roadways," meaning development, redevelopment or conversion that places the building facade at the front lot line or closer to the street than the mid-point between the street line and the existing building. Where there is an existing building line along the block-face that is set back from the street line, "reduced front setbacks from roadways":means placing the building facade closer to the street line than the mid-point between the street line and the established building line. 8. (1) Notwithstanding subsection 7(1), and subject to subsection 8(2) and (3), no development charges shall be collected in respect of the creation of: (a) one or two additional dwelling units in an existing single detached dwelling; (b) an additional dwelling unit in any other existing residential building; or (c) an enlargement of an existing dwelling unit. Page 12 of 29 (2) Notwithstanding subparagraph 8(l)(a),development charges shall be calculated and collected in accordance with subsection 7(1)where the total gross floor area of the additional one or two units exceeds the total gross floor area of the existing dwelling unit. (3) Notwithstanding subparagraph 8(1)(b),development charges shall be calculated and collected in accordance with subsection 7(1) where the additional unit has a gross floor area greater than, (a) in the case of a semi-detached or townhouse dwelling,the gross floor area of the dwelling unit already in the building, and, (b) in the case of any other residential building, the gross floor area of the smallest dwelling unit already in the residential building. PART III NON-RESIDENTIAL DEVELOPMENT CHARGES 9. In this part: (1) "non-residential use" means those uses designated as "non-residential uses" in Schedule `C' to this by-law; (2) "development": includes re-development (3) "development charge"means non-residential development charge; (4) "gross floor area"means the total of all floors,above and below grade in a building, measured between the outside surfaces of exterior walls or the centre line of firewalls or party walls. Where there is no exterior wall on any storey or floor,the gross floor area shall be the greatest horizontal area on that storey or floor. There shall be no deduction from the calculation of gross floor area for exits, vertical service spaces, stairs, elevators, shafts and ducts. 10. The urban area charge and non-urban area charge, as set out in section 11, is applicable to these specific areas identified in Schedule `B' of this by-law. 11. (1) Subject to the provisions of this part and this by-law, development charges against land to be developed for non-residential use shall be calculated and collected at the following base rates: Page 13 of 29 Non-Residential GFA of Sq.ft. Non-Residential Service Urban Area Non-Urban Within the Core Outside the Tourist Area Core Tourist Area Municipal Wide Charge Development-related Studies $ 0.19 $ 0.14 S 0.19 Parks and Recreation $ 0.11 $ 0.08 S 0.1 1 Library $ 0.01 $ 0.01 S 0.01 Roads and Related $ 1.03 $ 0.75 S 1.03 Transit $ 0.21 $ 0.15 S 0.21 Sub-Total $ 1.55 $ 1.13 S 1.55 Urban Area Charge Sidewalks $ 0.13 $ 0.15 N/A Water $ 0.12 $ 0.22 N/A Sanitary Sewer $ 0.02 $ 1.45 N/A Storm Water Management $ 0.00 $ 1.48 N/A Sub-Total $ 0.27 $ 3.30 N ;A Total S 1.82 $ 4.43 S 1.55 (2) Notwithstanding subsection 11(1),no development charge is imposed under this By- law respecting; (a) parking structures; (b) lands and buildings used for agricultural use;notwithstanding this provision, a development charge shall be imposed in relation to agricultural use unless • the owner of the fee simple of the land intends to actually use and occupy the land for such respective agricultural use; (c) that portion of building or structure owned by a church or religious organization which is used exclusively as a place of worship. Page 14 of 29 (3) Notwithstanding subsection 11(1), a 75% non-residential development charge exemption shall be granted for development of the type defined in paragraph 11(3)(a),located with the area defined in paragraph 11(3)(b),subject to meeting the conditions set out in paragraph 11(3)(c). (a) New non-residential development occurring on vacant lots,including parking lots;and/or conversion of residential space to non-residential space and/or the redevelopment of mixed use buildings that creates additional non-residential space. (b) The Downtown Niagara Falls Community Improvement Project Area as outlined in Schedule `D' or the Historic Drummondville Community Improvement Project Area, as outlined in Schedule `E'. (c) 1) Based on the decision of the Treasurer, the property taxes for the property on which the development is located, are in good standing at the time of the application; and 2) Based on the decision of the Director of Planning and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and 3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to building permit application and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; and 4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or request to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and, in addition, 5) The Director of Planning and Development,may require the applicant to submit for approval,professional design/architectural drawings in conformity with any municipality-issued urban design guidelines,as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow,wind)and such requirements must be met prior to the City granting the development charge exemption. (4) Notwithstanding subsection 11(1),a non-residential development charge exemption of up to 75% of the amount otherwise payable is calculated in accordance with Page 15 of 29 eligible costs approved under the Brownfields Rehabilitation Grant Program as set out in paragraph 11(4)(a),granted for development of the type defined in paragraph 11(4)(b), located within the are defined in paragraph 11(4)(c), subject to such development meeting the conditions set out in paragraph 11(4)(d)and subject to an additional City development charge exemption of up to a further 25%,based on the eligibility requirements set out in paragraph 11(4)(e), where the development also qualified for the 75% exemption. (a) Eligible costs include only the costs of: (i) a Phase II ESA, Remedial Work Plan, and Risk Assessment not covered by the Environmental Study Grant Program or the Brownfields Tax Assistance Program; and/or (ii) environmental remediation,including the cost of preparing a Record of Site Condition (RSC), not covered by the Brownfields Tax Assistance Program; and/or (iii) placing clean fill and grading not covered by the Brownfields Tax Assistance Program; and/or (iv) installing environmental and/or engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (v) monitoring, maintain and operating environmental and engineering controls/works,as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (vi) environmental insurance premiums not covered by the Brownfields Tax Assistance Program. (b) The Brownfields development charge exemption potentially applies to any form of non-residential development which is subject to a development charge,subject to such development application meeting the requirements of this subsection. (c) The Brownfields Community Improvement Project Area is the area designated as Urban Area in the City of Niagara Falls Official Plan, as amended from time to time. Page 16 of 29 (d) 1) all properties considered eligible for the Brownfields Development Charge Exemption Program must have an approved Rehabiliitation Grant Program Application and Agreement in place and must have a Record of Site Condition (RSC) filed in the Environmental Site Registry for the proposed use with said RSC acknowledged by the Ministry of Environment; and 2) Based on the decision of the Director of Planning and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and 3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; and 4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and, in addition, 5) The Director of Planning and Development,may require the applicant to submit for approval,professional design/architectural drawings in conformity with any municipally-issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g.sun,shadow,wind)and such requirements must be met prior to the City granting the development charge exemption. (e) Development which, based on the decision of the Director of Planning and Development, includes three or more of the following features: 1) "intensification of an existing use," meaning redevelopment or building addition so as to add floor area and/or a residential unit or units. 2) "Creation of mixed uses," meaning redevelopment, addition or conversion so as to add a new compatible use or uses to a building or property. "Creation of mixed uses"also means new development that proposes a mixed use building or a mix of uses on the site. 3) "Contribution towards the creation of a walkable neighbourhood Page 17 of 29 character," meaning development, redevelopment, addition or conversion within a neighbourhood context that features one or more of the following: safe and clearly demarcated pedestrian access to and within the development site; - building orientation and pedestrian access oriented toward the street; site and building access directly from the street without requiring passage across a driveway or parking area; - street-oriented building facade that features fenestration and entranceway to create a sense of permeability and movement between the street and the building interior; - contribution to the quality of the public space on the street by the provision of space for public assembly, street furniture, artworks and/or landscaping. (4) "Creation of a range of housing opportunities and choices,"meaning development, redevelopment, addition or conversion that adds multiple-unit housing types to the housing stock. (5) "Reduced setback from roadways," meaning development, redevelopment or conversion that places the building facade at the front lot line or closer to the street than the mid-point between the street line and the existing building. Where there is an existing building line along the block-face that is set back from the street line, "reduced front setbacks from roadways":means placing the building facade closer to the street line than the mid-point between the street line and the established building line. PART IV ADMINISTRATION 12. (1) Subject to the provisions of this part and this by-law, in the case of a development containing more than one use or category of use, each such use shall bear it applicable development charge in the proportion that the gross floor area of such use or category of use bears to the total gross floor area of the development. (2) Where as a result of the redevelopment of land,a building or structure existing on the land was,or is to be demolished,in whole or in part,or converted from one principle use to another principal use on the same land, the development charges otherwise payable with respect to such redevelopment shall be reduced by the following amounts: Page 18 of 29 (a) in the case of residential building or the residential portion of a mixed-use building or structure,an amount calculated by multiplying the applicable development charges under section 7 of this by-law by the number of dwelling units, according to type, that have been demolished or converted to another principle use; and (b) in case of non-residential building or the non-residential portion of a mixed-use building or structure,an amount calculated by multiplying the applicable non-residential development charges under section 11 of this by-law by the non-residential gross floor area that has been demolished or converted to another principal use; provided that a building permit has been issued within five (5) years following the date the demolition permit is issued, and provided that such amounts shall not exceed in total the amount of the development charges otherwise payable with respect to the redevelopment. 13. (1) Development charges shall be calculated and payable in the following manner: (a) If the development will not be the subject of a servicing agreement or an agreement under section 51 or 53 of the Planning Act, then the whole of the development charge imposed hereunder shall be calculated and paid in full on the date a building permit under Building Code Act, 1992 is issued in respect of the building or structure for the use to which the development charge hereunder applies; (b) If the development will be the subject of a servicing agreement or an agreement under section 51 or 53 of the Planning Act, then: (i) that portion of the development charge imposed hereunder with respect to urban services shall be calculated and paid on the date the servicing agreement or agreement under section 51 or 53 of the Planning Act is executed; and (ii) that portion of the development charge imposed hereunder with respect to services other than the urban services shall be calculated and paid on the date a building permit under the Building Code Act, 1992 is issued in respect of the building or structure for the use to which the development charge hereunder applies; Page 19 of 29 (c) If a development does not require a building permit pursuant to the provisions of the Building Code Act, 1992, then the development charge shall be calculated and paid in full as a condition of the earliest of any of the approvals required for the development mentioned in section 3; (d) If a development requires more than one of the actions mentioned in section 3, and a development charge has been paid in respect of one such action, a further development charge shall be calculated and payable in respect of the subsequent action where the subsequent action has the effect of increasing the need for municipal services as designated in Schedule `A'; (e) Where development charges apply to land in relation to which a building permit pursuant to the provisions of the Building Code Act, 1992 is required, the building permit shall not be issued until the development charge has been paid in full; 14. Nothing in this by-law prevents Council from requiring, as a condition of approval under section 41,51 or 53 of the Planning Act,that the owner,at it own expense,install such local services as Council may require,or that the owner pay for local connections to watermains, sanitary sewers and storm drainage facilities installed at the owner's expense. 15. In any instance within this by-law that a particular employee or official of the City is assigned the determination of an issue or matter, the decision of that employee or official shall be the final determination of that issue or matter. 16. All development charges established hereunder shall be adjusted without amendment to this by-law annually on the 1'day of August in each year commencing on the 1St day of August, 2010, in accordance with the Statistics Canada Quarterly, Construction Price Statistics, Catalogue 62-007. 17. (1) Council,by written agreement,may permit an owner to commute the whole or such part of the development charge applicable to the owner's development, as may be specified in the agreement,by the provision,at the owner's sole expense,of services- in-lieu in accordance with the agreement the amount of the development charge otherwise applicable to the development shall be reduced in an amount equal to the reasonable cost of providing the services-in-lieu. (2) Any dispute as to the reasonable cost of providing the services-in-lieu or the services mentioned in subsection 17(1)shall be referred to the City's Director of Municipal Works, whose decision on the matter shall be final and binding. Page 20 of 29 18. A certified copy of this by-law maybe registered against such lands in the City as Council by resolution from time to time may direct. 19. This by-law shall be administered by the Chief Building Official, who shall be responsible for the interpretation and calculation of the appropriate charges. 20. (1) The City's Director of Finance shall create a reserve fund separate from the other reserve funds of the municipality,shall deposit the development charges paid under this by-law into the appropriate account of the reserve fund created by subsection 20(2), and shall pay from the appropriate account any amounts necessary to defray the net capital cost of the services. (2) The Director of Finance shall divide the reserve fund created hereunder into separate sub-accounts to which development charge payments and interest earned thereon shall be credited in accordance with the amounts shown in sections 7 and 11. (3) The amounts contained in the reserve fund established under subsection 20(1)shall be invested and any income received from such investment shall be credited to the accounts in the said reserve fund in the proportions determined be the balances in the accounts referenced in subsection 20(2), as of December 31"of the previous year. 21. The Director of Finance shall in each year on or before April 30`h furnish to Council a statement in respect of the reserve fund accounts for the prior fiscal year established hereunder containing the information required under the regulation. 22. (1) If this by-law is amended or repealed by Council or the Ontario Municipal Board,the Director of Finance shall determine, within 30 days of the amendment or repeal, whether any owner has overpaid in respect of the development charge payable hereunder immediately prior to the repeal or amendment of this by-law and if such an overpayment has been made the Director of Finance shall calculate the amount of such overpayment. (2) Any overpayment determined under subsection 22(1)shall be paid to the person who made the payment at his or her last known address within 30 days of the date of the repeal or amendment of this by-law. (3) If the owner cannot be found or his or her last address is unknown then the repayment obligation under subsection 22(2) is at an end. (4) The refund payable under subsection 22(2), shall be paid, with interest calculated from the date upon which the overpayment was collected to the date on which the refund is made. Such interest shall be paid at the Bank of Canada rate in effect from time to time from the date of enhancement of this by-law as adjusted in subsection Page 21 of 29 22(5). (5) The Bank of Canada rate in effect on the date of enactment of this by-law shall be adjusted on the first business day of January,2010 to the rate established by the Bank of Canada on that day and shall be adjusted four times each year thereafter on the first business day of October, January, April and July to the rate established by the Bank of Canada on the day of the adjustment. 23. This by-law shall come into force on July 20, 2009. 24. City of Niagara Falls By-law No. 2004-138, as amended, is repealed effective the date of coming into force of this by-law. 25. Schedules`A',`B',`C',`D',E'and`F'attached to this by-law shall form part of this by-law. 26. Should any provision or any part of any provision of this by-law be held by a competent authority to be invalid, or of no force and effect, it is the intent of Council in enacting this by-law that each and every other provision of this by-law,and every part of every provision authorized by law stand and be applied and enforced in accordance with its terms. 27. This by-law may be cited as the City of Niagara Falls Development Charges By-law. 28. That By-laws 2004-138 and 2007-48 are hereby repealed. Passed this 20th day of July, 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI,MAYOR Page 22 of 29 SCHEDULE `A' TO BY-LAW NUMBER 2009-120 "SERVICES" a) General Government(Development-related Studies) b) Roads and Related c) Sidewalks d) Transit e) Parks and Recreation 1) Library g) Water h) Sanitary Sewer i) Storm Water Management 1111 tilli SI.. r i i : cameo e.c Aili. To By-Law Ho zoa9-120 I l ;pi. 00 •:: - .. . . ;1- ;, Lieber Arm f ® Non.urbert Ares INN -..- p - , �. _ . i 1 r § i 4r .,i*.ia 44. P c : f , tgy 0+4Y � - , : {y 1: ai y ar j". .A: — ., 1.'9 • , lit AMC kx • _ w- ., aimliplIi INTIVIEllr..-1111111 ties der �� . .01.1.,_ swoon 1111111. Imam hull . - aim. rallin 1111111111111 UMW EMI ---a. .. 9 s 9 SCHEDULE `C' TO BY-LAW NUMBER 2009- "NON-RESIDENTIAL USES" 1. Assembly Hall,Exhibition Establishment or Convention Centre 2. Art Gallery 3. Auctioneering Establishment 4. Bake Shop 5. Bank or Financial Institution or Office,Currency Exchange Establishment 6. Casino or Gaming Establishment 7. Day Care Establishment or Child Care Facility 8. Do-it yourself Brewery or Winery 9. Drive-in or Drive-through Facility or Establishment 10. Dry Cleaning Establishment or Laundromat 11. Health and Fitness Centre or Establishment 12. Hospital, Health Care Facility, Clinic,Nursing Home or Retirement Home 13. Hotel,Motel, Tourist Home, Hostel or Camping Establishment 14. Office or Office Building 15. Personal Service Shop or Establishment 16. Place of Recreation, Arena, Grandstand or Sport Facility 17. Place of Worship or Religious Institution or Facility 18. Printing Shop 19. Private Club 20. Private School or Institution 21. Restaurant, Café,Tavern, Bar Eating and Drinking Establishment or Licensed Premises 22. Retail Store or Establishment, Showroom or Storage Area 23. Self-service Establishment 24. Service Store or Establishment 25. Sightseeing Tours Establishment or Tourist Information Centre 26. Studio 27. Theatre, Cinema or Place of Entertainment 28. Undertaking Premises, Mausoleum or Funeral Home 29. Vehicle Sales, Display, Rental, Wash, Service, Fuelling or Repair Establishment 30. Veterinary Establishment or Animal Hospital SCHEDULE "D" TO BY-LAW NO 2009-120 DOWNTOWN NIAGARA FALLS COMMUNITY IMPROVEMENT PROJECT AREA i Z+VI Alt g; -'''''.'' .. - ja.M.... n.�... .W n..w .� l i I �� f 1 I II k ;i a. =I him OD 1 mist an— -E �t 9 l :. ,:` =Ise on / s I a!aM� f i I i t om.-+3 ! ..miliiIii en iin"nn I I i lir a Zsr= == .11"12 1=ULM MEM 1 ma ., ....n....7, • No=mai I moo um i• MN ---; : s ! • ■1Is- �' lrbfl at t Y,! Ifir. . O. • • .COMMA ST ZAIM I laea Jig FOAL = ' tf= : .....tom1=11. t r ar Me CRS"Al a.. ' r: au' NUM 1t11n !AIM..!""1 .. ! X11 - --:� --ter!' sa 11 SfU/.tice1 A ••JYH[Z II.aildrR!- r 1 , _ .• � �=1��1111: X111 i �. = Iii: . ... _ tl WO/lTY we atoel.Al[ ____,r : , jr---- 11111$110111. i,,, =ammo / / ..-x--- A.famtm..'aveZ14:i — ,r,; :3 / 1 _..000".", i �" #111 --r �..�.� # r In ! i� i=ah. ---- EI!1IIL 1!!!1!. 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"RII*110; .1"7.13144Ak 1---' ' / I .1 '� ,y it ' , . . . . :1� � t .IF-TT-71.--- 11 L a` _ i ,-. 1, VI- 1\ 110141— I j L_er►wcEMST— \ 4 S it 'V �' ,r;[�][ _ ,.` -h , 4- , 1 r�� _I Li Li L.--1L____--Jcaftz, *1 i L'-\\ ' / / 1-]r_ ( 1 t\ 11,11 1 / OD —r� ,- ``''t ' ,-, �///).nii, 7 14j '� `.L.N1 t1L I. i ',I; ' 131. ,,5 , ^ � 'it�x ■ \ Core Tourist Area 1 c i, -`? Road Allowance i . .._ _ } n\ t 1 . -- 1 I 1 .L- .- - a eta \;.ti i rail t, t-t`-1.., .t`l 1 f r 31..y 2Ca9 K:WZS_Pequeat0,2fA4\C++ nUntemol\PlannoropWF_tourlstyouxWyW,p-frw ATTACHMENT "2 " Niagarara1Is ,; July 23, 2013 Fairview Mausoleum 4764 Portage Road Niagara Falls, Ontario L2E 6A8 Attention: Mr. Michael Delduca Dear Sirs: Re: Request for "Exemption" from Development Charges Mausoleum Expansion Proposal Our File No. 2011-214 Your request for an exemption from development charges in connection with the above captioned matter has been referred to me for reply. Please be advised that mausoleums are subject to development charges pursuant to the City of Niagara Falls Development Charges By-law No. 2009-120. With certain exceptions, which do not apply in this case, a municipality is specifically forbidden, at law, from giving total or partial exemptions from fees to commercial enterprises. (See Section 106 of the Municipal Act, 2001.) We trust that this information is sufficient answer to your inquiry. Yours truly, I ,.a,,.. Ken Beaman KB City Solicitor Legal Department .;a Ext 4242 Fax 905-371-2892 Working Together to Serve Our Community kbeaman @niagarafalls.ca • 'fir v}'L 2,✓7.Y" _ . ,t+i 430 Queen Street,P4 Box 1023,Niagara Falls,ON Canada L2E 6:t5 905-356-7521 w:•/iniagarafalls.ca "°` ?-X71'r. ATTACHMENT "3 CMC 5U1LDINC HERITAGE October 3rd 2013 Mr. Ken Todd Chief Administrative Officer City of Niagara Falls PO Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 T: 905-356-7521 ext 5100 Subject: Fairview Mausoleum,4764 Portage Road,Niagara Falls Complaint on Development Charges Dear Mr. Todd, We are writing this letter to file an official complaint to Council and to request to speak at the next Council meeting. We feel that the amount of the development charge was incorrectly determined for the project address listed above. Our reasoning for this position is based on the following: • A cemetery/mausoleum constitutes a public service to the community. • In Ontario, there are several municipalities that specifically exempt cemeteries and cemetery buildings from development charges. A few examples of these are the City of Toronto (By-law 275-2009 and By-law 1195- 2009), the Regional Municipality of York (By-law 2012-36), and the City of Ottawa (By-law 2009-216). This is a growing trend in other municipalities that the City of Niagara Falls should also follow. Toil Free :: 800 563 7954 Office :: 514 832 3733 Fax :: 514 832 0975 • Under the Assessment Act, R.S.O 1990, Chapter A.31, 3(1)(2), Fairview 7575 Th+mens Blvd, Montreal.QC H45 2A2 Mausoleum is exempt from taxation based on the fact that this land is CMC CANADA www.cmc-carrier.com i Klusalrums t G11, Frvr:t N r14r5 k ?nt,>r to,'Ex.e s.-t rn'+n t,.. +: Bronze Accessories + Design&Engineering t4i1C0400 010> CMC. i AGE used for the interment of human remains. There can be no argument that development charges constitute a tax. (OMB decision/order no. 2524) • As one of the few mausoleums in the Niagara area, Fairview Mausoleum is in direct competition with the municipal mausoleums located at Victoria Lawn Cemetery in St. Catherine's and Lakeview Cemetery in Thorold. Both of which are exempt from development charges by the City and the Niagara Region. The basis of a Development Charge Policy is for fair and equal treatment. If Fairview Mausoleum is to pay these development charges,we would be forced to increase our prices in order to recover from the development costs. This would put us at a disadvantage to the municipal mausoleums which would not need to alter their pricing as they do not pay development charges. • Based on the Building Code Act, 1992, 0 Reg 350/06, 1.4.1.2,a mausoleum is classified as a Group F, Division 3 - Low Hazard Industrial building occupancy. This is an industrial occupancy in which the combustible content is not more than 50kg/m2 or 1200 MJ/m2 of floor area. Fairview Mausoleum's combustible content is well below 50kg/m2. In order for a building to be constructed, it must first have been issued a building permit. In order for a building permit to be issued, the building first must be classified.The building permit for this project was issued based on the information that this is for a Group F, Div. 3, Low Hazard Industrial building as per our building permit BP-2013-0944 and accompanied permit drawings that were reviewed by the Chief Building Official for the City of Niagara Falls. • The Development Charges Act, 1997, 0 Reg 82/98 defines "existing industrial building"as a building used for or in connection with: Mausoleums t Gfass Front N;l c uca.:€=E ze,At trtss^ri s + Oesign a Engineering ,i0&Setkte. CMC C all;+.DINvc HERFrAGE a) manufacturing,producing,processing, storing or distributing something; b) research development in connection with manufacturing, producing or processing something; c) retail sales by a manufacturer, producer, or processor of something they manufactured, produced, or processed, if the retail sales are ate the site where the manufacturing,production, or processing takes place; d)office or administrative purposes, if it is (i) carried out with respect to the manufacturing, producing, processing, storage or distributing of something;and (iii) in or attached to the building or structure used for that manufacturing,producing,processing,storage or distribution; e) self-storage facilities; • Under the Development Charges Act, 1997, 0 Reg 82/98, Exemption for industrial development 4. (1)If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this section. 1997, c. 27, s. 4(1). Enlargement 50 per cent or less (2)If the gross floor area is enlarged by 50 per cent or less, the amount of the development charge in respect of the enlargement is zero. 1997, c. 27,s.4(2). Mausoleums + Glass Front N hes lrterror/Exterior Cci?t?tbar a + Bronze Accessories + Oesign&Engineering .001, Y 0,, r. � C o•vc HEQ1rAcE Enlargement more than 50 per cent (3)If the gross floor area is enlarged by more than 50 per cent the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: 1 1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement. 1997, c. 27,s.4(3). We feel the above applies to this building and should be incorporated within Niagara Falls development charges by-law. • A mausoleum is used for the storage of human remains in crypt spaces and to facilitate the process of decomposition of the deceased. The length 1 of time for deceased remains to complete the process of decomposition is somewhat delayed based on current embalming practices as well as temperature. The crypt spaces are vented to the environment to allow natural occurring organisms to enter the crypt at various stages to assist in the decomposition process. • A mausoleum is protected by other legislation that ensures the deceased will remain undisturbed. This is why these buildings are designed to last essentially until the end of time and are comprised mostly of concrete. A mausoleum is a method of increasing the density of the number of deceased in a specific area. It is a substitute to an in-ground cemetery 1 i`iau3aacun + 4.-,Is.,Front A.iches ,tic::,vi;cx�e_ i.t ;w_ , ItLfriu = ET 1 ,2 t c,.t..;:r,° + Lk,.11;i. E evttprig C C 9JI C VG H?R,TAGE where the body is placed in the ground. Although there is a commercial transaction for the purchase of interment rights and a prayer service, these two activities in their entirety may last a total of 4-5 hours per space. The storage of human remains will however be for the life of the building. This is why it is classified as Low Hazard Industrial occupancy for storage for human remains. • With this information and the definition of industrial use, it is indisputable to classify a mausoleum as an industrial building. • Within your by-law, a mausoleum is being classified alongside funeral homes.There is no mention of cemeteries. We are prepared to present our position to Council and wish to be put on the agenda for the next available meeting. Sincerely, Theresa MacDonald Assistant Project Manager Carrier Mausoleums Construction Inc. 905-951-6111 x 225 Mausoleums + Glass Front Niches Incarior:Exter;cr Columbiana + Bronze Accessories + Design&Engineering CD-2013-07 Niagaraj1aljs November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2013-07 Medical Marihuana Operations RECOMMENDATION 1. That Council endorse the staff protocol for medical marihuana operations; and 2. That Planning staff undertake a review and report back to Council. And that Council petition the Federal Government that Health Canada not issue a medicinal marihuana licences, on a given application, until the Ministry has received comments from the affected municipality, comfirming that the applicat6ion complies with local by-laws EXECUTIVE SUMMARY In 2013, the Federal government introduced new regulations changing the way Canadians access marihuana for medical purposes. Previously, individuals with proper Health Canada approval were able to possess, grow and cultivate marihuana for medicinal purposes in private dwellings. The results were unintended consequences for public health, safety and security. Niagara Falls City Council passed a resolution in favour of new regulations that would eliminate growing in private dwellings and requesting municipal input and compliance with local by-laws. The new regulations, effective April 1, 2014, move production to commercial sites that have to meet local zoning by-laws, however, the municipality's comments are forwarded to the applicant and the applicant only has to indicate to Health Canada that they have notified local authorities, not any objections or concerns local authorities have indicated. The municipality has received two notifications to date. A proposed internal protocol will see Planning, Building and Fire providing comments to the Clerk, who will send the comments to the applicant. Staff is proposing that we copy the comments to Health Canada and the local member of Federal Parliament. Currently, Medicinal Marihuana Growing Facilities is an Agricultural use, nonetheless, Planning staff will be conducting a review and reporting back to Council. BACKGROUND Earlier this year, Council approved resolution 2013-15 pertaining to Health Canada's Marihuana Medical Access Program (the "Program"). The resolution came about due to complaints about residential properties having the legal authority to grow and possess marihuana, albeit for medical purposes. The resolution outlined the forthcoming changes November 12, 2013 - 2 - CD-2013-07 to the program, for April 1, 2014, that would see the production of medicinal marihuana shifted to commercial producers. The program changes were viewed as positive in that no longer would private residences be allowed to have medicinal marihuana production. The existing program had been criticized by law enforcement, fire officials and municipalities for the lack of notification, the potential for illegal activities, fire and electrical hazards, health issues and risks of home invasions. Council's resolution, although pleased that there would be notification to municipal authorities, was concerned that there was no opportunity for municipal comments, especially regarding the appropriateness of the proposed commercial site. Council's resolution was formally submitted to Health Canada during the public comment period. The municipality has now received two notifications of proposed commercial production facilities. Staff will be providing comments to the applicants based on zoning, building and fire codes. Unfortunately, there is no requirement for the applicant to provide these comments to Health Canada. The applicant merely has to provide copies of their notification letters to Health Canada. ANALYSIS/RATIONALE To become a licensed producer, an applicant must meet all requirements of the new Marihuana for Medical Purposes Regulations, including, but not limited to, obtaining the proper personal security clearances, meeting the physical security requirements for the cultivation and storage areas, including security measures, and submitting a completed licensed producer application. Before submitting an application, a notice that includes the proposed activities to be conducted with cannabis and the address of the site(s) and of each building within the site(s) must be provided to a senior official of the local police, local fire authority and local government. The applicant merely has to provide Health Canada with a copy of these notification letters and to whom they were addressed. There is no requirement for the applicant to relay any comments or concerns articulated by the local officials. Licensed producers are required to comply with all applicable laws, including municipal zoning by-laws, however, the communication on applicable zoning is strictly between the applicant and the municipality. Health Canada is not asking for a statement of zoning compliance from the municipality nor did they incorporate this requirement into the governing regulation. The municipality is responsible for conducting the relevant inspections for compliance with by-laws such as zoning. Health Canada can inspect only for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. In addition, municipalities cannot stop the licensing process if they disagree with the proposed site of production or any other requirement. Local authorities are to communicate any concerns directly to the production site owner and enforce local legislation and by-laws. November 12, 2013 -3 - CD-2013-07 Needless to say, City staff has concerns that a commercial production facility could go ahead despite by-law issues or noncompliance with zoning. Unfortunately, Health Canada is not requiring any attestation from the municipality that the property is zoning compliant. Though the municipality can enforce its' zoning by-law, such a process is time consuming and costly. The best way to deal with such issues are through an approval mechanism and communication prior to the issuance of licences. As a result, staff is proposing an internal protocol where the Clerk will gather comments from applicable departments (Planning, Building and Fire) and will relay those comments, in writing, to the applicant. The municipality will copy the letter to Health Canada and the local Member of Parliament's office. Planning will comment on whether the proposed location has the applicable zoning. Any modifications or construction activity related to the building in question will be subject requiring a building permit prior to the commencement of any works. Where no construction is proposed, a change of a use permit will be required to verify the proposed structure is constructed in accordance with the Ontario Building Code requirements for the proposed new use. Whether Health Canada will consider, the municipality's comments remain to be seen. The federal regulations require that any production facility must be indoors for security purposes. As a result, such operations will likely occur in greenhouses on agricultural properties. If the operators want to conduct this kind of business operation in a zone other than an Agricultural Zone, it will require a zoning by-law amendment and possibly an Official Plan amendment. Our Planning staff will do a similar review and report back to Council. As for the two notifications received to date, staff is still collecting comments. One location is zoning compliant, however, staff will relay concerns related to possible impacts on surrounding properties. The second location is a General Industrial (GI) zone and is not zoning compliant. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As outlined, a licensed producer must meet all requirements of the new Marihuana for Medical Purposes Regulations. Health Canada is the issuer of licences. Commercial production facilities will have to comply with local zoning. The municipality cannot stop the licensing process if they disagree with the proposed site of production or any other requirement, however, local authorities can communicate any concerns directly to the applicant/ production site owner. CITY'S STRATEGIC COMMITMENT The protocol is an example of creating cross-departmental teams or processes to tackle issues of a municipal interest. The proposed planning review will ensure that these proposed businesses meet the needs for a well-planned city. November 12, 2013 -4 - CD-2013-07 LIST OF ATTACHMENTS • Resolution 2013-15 • Health Canada FAQ 1:- Recommended by: Dea lorfida, Cit Cler Respectfully submitted: ILIK-11.144 P Y Ken Todd, Chief Administrative Officer DI CITY oie_1 • 61610A - 41AGARA FAO_ The City of Niagara Falls, Ontario Resolution February 26, 2013 No. 15 Moved by Councillor Thomson Seconded by Councillor Ioannoni WHEREAS Health Canada's Marihuana Medical Access Program(the"Program")has been in place since 2002; and WHEREAS under the Program,residential homeowners,who qualify,are entitled to grow their own marihuana under a Personal Use Production Licence or on behalf of others under a Designated Person Production Licence; and WHEREAS under the Program,there was no requirement of Health Canada to notify law enforcement, fire officials or the municipality of the location of those with licences to grow; and WHEREAS the Program has been criticized by law enforcement, fire officials and municipalities for the lack of notification,the potential for illegal activities, fire and electrical hazards,health issues and risk of home invasions; and WHEREAS the Police have committed considerable resources at responding to complaints of grow- ops only to find that the owner has a licence issued by Health Canada; and WHEREAS the Federal Government has heeded the criticism and has proposed new federal marihuana for medical purposes regulations; and WHEREAS the regulations will end the ability for individuals to grow within their residential properties by March 31, 2014; and WHEREAS under the new regulations,Health Canada will only allow licensing of indoor,commercial production sites; and WHEREAS although municipalities, fire officials and law enforcement will be notified of possible commercial production sites within the community,they will not be asked to provide comments on the appropriateness of such sites; and WHEREAS there is no guarantee that commercial production sites will comply with local zoning requirements; and WHEREAS there is no process under the new regulations to identify and remediate those buildings that were previously licensed to grow, unlike illegal grow ops; and WHEREAS the comment period for the proposed new regulations ends on February 28, 2013. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls commends the Federal Government for the new regulations but respectfully forwards the following requests: • that law enforcement, fire officials and municipalities be allowed to comment on applications for commercial production sites prior to their issuance; and • that commercial production sites require compliance with local regulations; and • that there be a requirement that the municipality receive notification of all properties previously associated with licences to grow so that future occupants/purchasers of these buildings are afforded the same level of protection as those whom purchase or occupy buildings that housed "illegal"grow ops; and • that the new regulation require that properties be remediated when medical marihuana production ceases. Carried Unanimously AND The Seal of the Corporation be hereto affixed. -- • /2-p- I D • N IO '� IDA JAMES M. DIODATI CITY CL RK MAYOR 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada 1+1 Health Sante Canada Canada Horne > Drugs & Health Products > Medical Use of Marihuana Drugs and Health Products Frequently Asked Questions • For Clients • For Licensed Producers • For Health Care Professionals • For Police / Law Enforcement • For Municipalities For Clients Canada' How do I access marihuana during the transition period? Until March 2014, individuals, who have the support of a health care practitioner, may access marihuana for medical purposes through either: 1. The 2- Marihuana Medical Access Regulations (by applying to Health Canada); or 2. The new e- Marihuana for Medical Purposes Regulations (by registering with a licensed producer once they become established) Under the Marihuana Medical Access Regulations, you can apply to Health Canada to access one of the three sources of supply: Health Canada supply; Personal -Use Production Licence; or Designated -Person Production Licence. For more information on how to apply for one of these sources of supply, please visit the "How to Apply" web page. Under the new Marihuana for Medical Purposes Regulations, once licensed producers are established, you can have your health care practitioner complete a medical document. You must submit the original medical document directly to a licensed producer along with a completed registration form from the licensed producer of your choice. Please note that you may only have access to marihuana for medical purposes under either the Marihuana Medical Access Regulations or the new Marihuana for Medical Purposes Regulations, not both. During the transition period, what is my proof of authority to possess marihuana? If you continue to access marihuana under the Marihuana Medical Access Regulations, your Authorization to Possess (ATP) will remain your proof of authority to possess until March 31, 2014. As of April 1, 2014, your ATP can no longer be used as proof that you are authorized to possess marihuana for medical purposes. www.hc-sc.gc.ca/dhp-mps/marihuanaiinfotraq-eng.php 1/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada If you register with a licensed producer under the new Marihuana for Medical Purposes Regulations (regardless of whether it is before or after March 31, 2014) your proof of authority to possess will either be the label on the packaging or a separate document accompanying the shipment of dried marihuana from the licensed producer. How do I find out how much a licensed producer is charging for marihuana? You must contact the licensed producer directly for pricing information. Once licensed producers are established, a list of licensed producers and their contact information will be maintained on the licensed producers web page. I have a valid Personal -Use Production Licence or Designated -Person Production Licence. Can I sell my plants to a licensed producer? Yes. If you hold a valid licence to produce issued under the Marihuana Medical Access Program, you may provide starting materials (plants, seeds or clippings) to a licensed producer. To do so, you must submit an application to Health Canada. If you hold a Designated -Person Production Licence, the consent of the authorized individual will be required. If you produce for more than one person, you will need to submit this information for each person. Once the application is received, Health Canada will verify the information. If all of the information is valid, a notice will be sent to the licence holder, the authorization holder(s) (if applicable) and the licensed producer authorizing the transfer of materials. All Personal -Use Production Licence or a Designated -Person Production Licence expire no later than March 31, 2014, so this is the last day this type of transfer may take place. For Licensed Producers Where can I obtain the application form to become a licensed producer? The application along with guidance documents are available on the Becoming a Licensed Producer web page. What are the requirements to become a licensed producer? To become a licensed producer, you must meet all requirements of the new Marihuana for Medical Purposes Regulations, including, but not limited to: • obtaining the proper personal security clearances; • meeting the physical security requirements for the cultivation and storage areas; and • submitting a completed licensed producer application. For further information, please refer to the Becoming a Licensed Producer web page. If you have any questions about these requirements or the application process, you can send us your questions by email to MMPR- RMFMc hc-sc.gc.ca or call us at 1-866-337-7705. www.hc-sc.g c.ca/dhp-mps/marihuana/info/faq-eng.php 2/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada Once complete, your application must be submitted to the following address: Controlled Drugs Section Licences and Permits Division Office of Controlled Substances Controlled Substances and Tobacco Directorate Health Canada Address Locator: 0300B Ottawa, ON K1A OK9 All relevant sections of the application form must be completed and all required documents must be submitted. An incomplete application will not be processed and may be returned to you. Does Health Canada provide information on how to produce marihuana? No. Health Canada does not provide this type of information. Where can I obtain a legal source of starting materials? There are four legal sources of starting materials: • Health Canada; • Personal -Use Production Licence holders; • Designated -Person Production Licence holders; and • Importation. The process varies by source. Please contact the Office of Controlled Substances at MMPR-RMFM@hc-sc.gc.ca for details. Does Health Canada have a list of Personal -Use and Designated -Person Production Licence holders who are interested in selling starting materials to licensed producers? Licensed producers must identify their own source of starting materials. Health Canada is unable to provide any information about Personal -Use and Designated -Person Production Licence holders. What documents are required for a client to register with a licensed producer? Licensed producers may accept the following documents: 1. A medical document - A medical document must be completed in full and signed by a health care practitioner. 2. An Authorization to Possess - This document is issued by Health Canada and can only be used until the end of its validity period, or the expiry date if no separate validity date is indicated. 3. A Form B "Medical Practitioner's Form" - While this form is primarily for use under the Marihuana Medical Access Regulations, if www.hc-sc.gc.ca/dhp-mps/marihuana/info/faq-eng.php 3/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada your health care practitioner has already completed it, it may be used during the transition period so long as it is within one year of the date it was signed by the health care practitioner. A licensed producer may also require clients to provide additional supporting documentation. Once my company registers a client who submitted their Authorization to Possess, what do I do with this document? Once the client has been successfully registered, you must send the original Authorization to Possess document to Health Canada at the following address: Marihuana Medical Access Program Controlled Substances and Tobacco Directorate Healthy Environments and Consumer Safety Branch Health Canada Address Locator: 0300A Ottawa, ON K1A OK9 Once an Authorization to Possess holder registers with a licensed producer, Health Canada will revoke the Authorization to Possess and any associated licence to produce. Is there a restriction on how much I can charge patients for dried marihuana? No. Licensed producers may set their own prices. What strains of marihuana can I cultivate under a production licence? The new Marihuana for Medical Purposes Regulations do not specify or limit what strains of marihuana can be cultivated. Can I sell cannabis resins, oils, extractions and edible marihuana products? No. The new Marihuana for Medical Purposes Regulations only permit the sale of dried marihuana. Can a production site be located outdoors or in a greenhouse? Production sites can only be located indoors. You can cultivate in a greenhouse if it meets the requirements of the new Marihuana for Medical Purposes Regulations, including for physical security. Can I operate a storefront? No. You must ship dried marihuana directly to the client (or their physician, if requested). Can I sell/provide product to a compassion club or dispensary who will then distribute on my behalf? www.hc-sc.gc.ca/dhp-mps/marihuanafinfo/faq-eng.php 4/9 11/4/13 Freq uently Asked Questions: Medical Use of Marihuana- Health Canada No. Only licensed producers are authorized to sell or provide dried marihuana. Licensed producers must ship dried marihuana directly to the client (or their physician, if requested) in accordance with the new Marihuana for Medical Purposes Regulations. Do municipal zoning by-laws apply to my production site? Licensed producers are required to notify their local government, local police force and local fire officials of their intention to apply to Health Canada, so that local authorities are aware of their proposed location and activities. Licensed producers are also required to communicate with local authorities whenever there is a change in the status of their licence. Licensed producers must comply with all federal, provincial/territorial and municipal laws and by-laws, including municipal zoning by-laws. Is there a limit to how many production licences Health Canada will issue under the Marihuana for Medical Purposes Regulations (MMPR)? No. Health Canada will not impose a limit on the number of production licences. For Health Care Professionals What medical conditions qualify for the use of marihuana as a treatment option under the Marihuana for Medical Purposes Regulations (MMPR)? The MMPR do not contain any limitations on the conditions for which a health care practitioner can support the use of marihuana for medical purposes. You may wish to refer to the document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids for the latest information on the use of marihuana for medical purposes. Please note that if you are supporting an application under the Marihuana Medical Access Program (by completing a Form B "Medical Practitioner's Form"), applicants must qualify under either the Category 1 or Category 2 medical conditions. How does my patient access marihuana through the new Marihuana for Medical Purposes Regulations (MMPR)? If you support your patient's use of marihuana for medical purposes you will need to complete a medical document with specific information that is similar to a prescription. If you choose to use a different template/form you must ensure that all required information as described in the sample medical document is provided. Once complete, your patient must send the original medical document to a licensed producer with a registration form (provided by the licensed producer). The licensed producer will fill and ship your patient's order, based on the daily amount of dried marihuana indicated on the medical document. What is the difference between Form B and a medical document? Form B "Medical Practitioner's Form" is the document that must be completed by the health care practitioner as part of an application to Health Canada for an Authorization to Possess marihuana for medical purposes under the Marihuana Medical Access wvwv.hc-sc.g c.ca/dhp-mps/marihuana/info/faq-eng.php 5/9 11/4/13 Freq uently Asked Questions: Medical Use of Marihuana - Health Canada Program. If your patient chooses to order dried marihuana from a licensed producer under the new Marihuana for Medical Purposes Regulations, you must complete a medical document. This document does not require all of the same information as Form B. Are there daily amount and duration restrictions under the Marihuana for Medical Purposes Regulations? Various surveys published in peer-reviewed literature have suggested that the majority of people using inhaled or orally ingested cannabis for medical purposes reported using approximately 1-3 grams of cannabis per day. While there are no restrictions under the new Marihuana for Medical Purposes Regulations on the daily amount that you may recommend, there is a possession cap of the lesser of 150 grams or 30 times the daily amount. The medical document must be completed annually (or sooner if you recommend a shorter duration) to ensure that you continue to support your patient's use of marihuana. We recommend you consult the document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids for further information. What routes of administration can I recommend for my patient? Typically dried marihuana is consumed orally or inhaled. Smoking is not recommended. Some individuals use their dried marihuana with a vaporizer or in teas. Please note that licensed producers can only provide dried marihuana. Other forms of marihuana, such as edibles or oils, are not permitted to be sold by licensed producers under the Marihuana for Medical Purposes Regulations. Is there information available that indicates which strains are better suited to certain conditions? Health Canada is not aware of any clinical research on this subject. Will dried marihuana be assigned a Drug Identification Number? Marihuana for medical purposes is not an approved therapeutic drug in any country in the world, including Canada. Scientific studies of its safety and efficacy are not conclusive. Where can I obtain information on the product my patient is considering? You may contact the licensed producer(s) directly to obtain information about the strain(s) of dried marihuana available. Each product label must include the percentage of Tetrahydrocannabinol (THC) and percentage of Cannabidiol (CBD) in the lot and batch that is being sold. Once licensed producers are established, a list of licensed producers and their contact information will be maintained on the Licensed Producers web page. www.hc-sc.g c.ca/dhp-mps/marihuana/info/faq-eng . php 6/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada In addition, Health Canada has posted a detailed document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids, which contains updated information on the use of marihuana for medical purposes. This document is available on the Health Canada website. For Police / Law Enforcement How do I determine whether or not someone is authorized to be in possession of marihuana for medical purposes? Until March 31, 2014, individuals may hold an Authorization to Possess (ATP) marihuana for medical purposes issued by Health Canada under the Marihuana Medical Access Regulations (MMAR), OR they may register with a licensed producer to access dried marihuana under the new Marihuana for Medical Purposes Regulations (MMPR), but not both. Under the MMAR: For individuals who continue to access marihuana for medical purposes under the MMAR, the ATP will remain the same (a pink, watermarked, legal -sized document). On March 31, 2014, all ATPs (and licences to produce) issued under the MMAR expire and will no longer provide individuals authority to possess marihuana. As of April 1, 2014, the only legal means to access to marihuana for medical purposes will be through licensed producers. Until March 31, 2014, law enforcement officials may continue to contact the Marihuana Medical Access Program's police services line to verify information related to authorizations and licences requested in the context of an investigation. Under the new MMPR: Individuals can access marihuana by registering with a licensed producer. These individuals will not be issued an ATP. Instead, either the label on the packaging or a separate document accompanying each shipment of dried marihuana will provide the authority to possess marihuana. In the course of an investigation, law enforcement officers may contact the licensed producer directly to confirm whether the individual is a client of the producer, an individual who is responsible for a client of the producer and the daily quantity allowed. Who can I contact if I am investigating someone who may or may not be authorized under the MMPR? If an individual presents you with the packaging or a document included in their order of dried marihuana from a licensed producer, you may contact the licensed producer to confirm the registration and the daily quantity of dried marihuana. The licensed producer must confirm that you are a member of a Canadian police force, the information must be requested in the context of an investigation under the CDSA or the Marihuana for Medical Purposes Regulations and you must provide the name of the individual, the date of birth and the gender. Will authorization and licence documents issued under the MMAR constitute valid authority to possess or produce marihuana after March 31, 2014? wwra.hc-sc.g c.ca/dhp-mps/mari huana/i nfo/faq -eng .php 7/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana- Health Canada No. On April 1, 2014, all Authorizations to Possess (ATPs), Personal -Use Production Licences (PUPLs) and Designated -Person Production Licences (DPPLs) will expire. All individuals who possess and/or produce marihuana under the Marihuana Medical Access Regulations (MMAR) will be advised to destroy or dispose of their marihuana and/or plants no later than March 31, 2014. As of April 1, 2014, the only legal means to access marihuana for medical purposes will be through a licensed producer under the Marihuana for Medical Purposes Regulations (MMPR). What is the difference between an expiry and validity date? The Marihuana Medical Access Regulations (MMAR) will be repealed on March 31, 2014. As a result, between now and March 31, 2014, Health Canada will issue Authorizations to Possess (ATPs) with two dates: an expiry date and a validity date. The expiry date on all ATPs will be March 31, 2014. The validity date, which may go beyond March 31, 2014, is now included on an ATP. This date enables ATP holders to switch to a licensed producer by using their ATP instead of returning to their health care practitioner to have a medical document signed. Is there a limit to the amount of dried marihuana someone can carry on their person under the Marihuana for Medical Purposes Regulations? Yes. The new Marihuana for Medical Purposes Regulations impose a maximum possession cap of the lesser of 150 grams of dried marihuana or 30 times their daily amount at any one time. For example, if an individual has a daily amount of 2 grams per day, their possession cap would be 60 grams. Will Health Canada release a list of production sites that were licensed under the MMAR after March 31, 2014, so that local authorities can ensure they are dismantled? No. This information is protected under the Privacy Act. For Municipalities Are licensed producers subject to local legislation and by-laws? Yes; however, it is the responsibility of the municipality to conduct the relevant inspections for compliance with by-laws such as zoning. Health Canada can only inspect for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. Note that licensed producers are required to notify their local government, local police force and local fire officials of their intention to apply to Health Canada, so that local authorities are aware of their proposed location and activities. Licensed producers are also required to communicate with local authorities whenever there is a change in the status of their licence. Can municipalities stop the licensing process if they disagree with the proposed site of production or any other requirement? No; however, local authorities can communicate any concerns directly to the production site owner and enforce local legislation and www.hc-sc.g c.ca/dhp-mps/marihuana/info/faq-eng.php 8/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada by- laws. Can compassion clubs dispense for a licensed producer? No. Licensed producers must ship dried marihuana directly to the client or the client's health care practitioner (if indicated). Will Health Canada provide the municipality with a list of production sites that were licensed under the MMAR after March 31, 2014? No. This information is protected under the Privacy Act. Will Health Canada ensure that these sites have been dismantled once the MMAR is repealed on March 31, 2014? Health Canada will provide guidance to all current program participants regarding the appropriate means to dispose of their dried marihuana and marihuana plants. The production of marihuana in homes beyond March 31, 2014, is illegal and may result in law enforcement action. Date Modified: 2013-06-19 www.he-sc.g c.ca/dhp-mps/marihuana/info/faq-eng .php 9/9 F-2013-63 NiagaraJalls November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: F-2013-63 MacBain Centre Renovations Tender Award RECOMMENDATION 1. The contract be awarded to the lowest bidder Scott Construction Niagara Inc. at the lowest price of $220,000. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The City of Niagara Falls has undertaken plans to enhance the customer service provided to citizens. To accomdate these improvements, it is necessary to perform renovations at the MacBain Centre. The planned customer service improvements include opening a full service financial office that will accomodate the payment of property taxes, parking tickets, recreation fees including ice billings as well as to accomodate the City's responsibility for water billing and collection. Tenders for this contract were opened on Thursday, October 31, 2013 and the lowest bid of$220,000 was received from Scott Construction Niagara Inc. and is being recommended for acceptance. BACKGROUND Staff have recommended that a satelite financial centre be established in the City's MacBain Centre to provide additional service to residents and ratepayers. The cashiering centre will allow ratepayers to receive existing City services with enhanced hours of operation. Financial services including property tax bill payments, recreational fee payment, Niagara Falls and WEGO Transit ticket purchases will be available. Similarly,the parking enforcement office will be relocated to MacBain. Staff believe, that with the availability of these services, it will provide an enhanced level of service to residents. In addition, the renovations will accomodate the City's strategy of returning water billing and collection to the municipality from Niagara Peninsula Energy Inc. Council approved staff's recommendations to have water billing and collection returned to the City as part of the 2013 Utility Budget approval. November 12, 2013 -2 - F-2013-63 The tender opening, in the presence of the City Clerk and purchasing manager, opened tenders on October 31, 2013. Listed below is a summary of the totalled tender prices excluding HST, received from the Contractors. The tenders were checked and the bids are shown below. Contractor City Tender Price 1. Scott Construction Niagara Inc. Niagara Falls $220,000.00 2. Aldor Builders Ltd. Thorold $232,555.75 3. Serianni Construction Ltd. Welland $233,000.00 4. T.R. Hinan Contractors Ltd. Fonthill $244,900.00 5. Manorcore Group Beamsville $277,000.00 6. King Contractors of Niagara Ltd. Niagara Falls $296,984.00 ANALYSIS/RATIONALE The lowest tender was received from Scott Construction Niagara Inc. in the amount of $220,000. This contractor has performed similar type projects for the City. Staff are of the opinion that this contractor is capable of successfully undertaking this project. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The scope of work considered by this tender includes the construction of a cashier/reception area, service areas for account reviews, and the redesign of the offices to accommodate staff being relocated to the MacBain Centre. Staff from Recreation and Culture, Parking and Finance have been engaged in the design process. Likewise, Finance staff have been engaged with NPEI on the required data conversion. A full report updating Council on the status of the conversion will be provided at a subsequent Council meeting this year. The construction expenditures will be funded from special purpose reserves for water/sewer improvements. CITY'S STRATEGIC COMMITMENT Implementation of the Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities and efficient delivery services. /V: - Recommended by: Todd rrison, t irector of Finance Respectfully submitted: Y atiae - Ken odd, C of Administ tive Officer MW-2013-47 Niagaraaa1Is November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2013-47 Mandatory Participation - Ontario One Call RECOMMENDATION 1. That staff be directed to complete the application to register its infrastructure with Ontario One Call "Call Before You Dig" service by June 2014, and that 2. Staff be directed to investigate and implement practices for the provision of infrastructure location services. EXECUTIVE SUMMARY Ontario One Call (ON1Call) is requiring municipalities to register their infrastructure by June 2014. They are offering the opportunity to register ahead of this provincially legislated dead line. ON1Call operates a 24/7 call centre for anyone digging in Ontario to request the location of utilities prior to excavation. By registering with ON1 Call the City can simplify the location of underground services for residents/property owners, and coordinate construction activity to avoid damage within the public road allowance. The purpose of this report is to seek authorization to register the City's infrastructure records with ON1Call and to evaluate best practices regarding the current service delivery model. Staff is seeking this direction now so that it may incorporate the additional costs in the 2014 Utility Budget as needed. BACKGROUND The City has eight types of infrastructure that can potentially be damaged by excavators: • water mains • water services • water valves • water shut off boxes/stops • street light electrical sources • sewer laterals • sewer mains • storm mains City staff or their agent provides call centre services and field locates for most of the above infrastructure. November 12, 2013 -2 - MW-2013-47 Some members of the public, when contacting Ontario One Call, are unaware they must contact the City directly for municipal locates. There is often an assumption it is handled through Ontario One Call. Due to this assumption there is the chance that some municipal infrastructure may be damaged due to lack of locates. The major benefits of membership with On1Call for the municipality are: • reduce the chances of damage to Niagara Falls' infrastructure • increases the notification of work undertaken in the public right of way without applicable permits • provides an additional opportunity to provide applicable by-law requirements to excavators • provides a safer working environment for the public and municipal operators Ontario One Call - Call Centre Service Ontario One Call operates the provincial "Call Before You Dig" call centre service which enables contractors, the Municipality and taxpayers to fulfill their legal obligations to obtain locates prior to digging. Ontario One Call charges each utility approximately$1.60 for each locate service requested after December 2013. Anyone may contact Ontario One Call free of charge to obtain locates. Contact options include fax, phone or via a web service provided by Ontario One Call. The Ontario One Call contact centre uses a data base to determine whether requested locates may impact a given infrastructure owner. Locate requests pass through protocols designed by the infrastructure owner. These filters further analyse the request to determine if the type of dig_ging_ activity requires a locate to be provided (i.e., dig depth, and other factors). The primary goal is to ensure that every essential locate happens without delay, but to also limit the number of nonessential locates as much as possible. These notification tickets may be transmitted via any method and to whichever destination that the infrastructure owner desires. Locates are taken 24 hours a day, 7 days a week. Ontario One Call is located in Guelph, Ontario. It out-sources its contact centre to Accu- Link Call Centres Inc., employing approximately 50 people year round and up to an additional 70 people seasonally. Ontario One Call is a"not for profit" mandatory corporation, now existing under the Ontario Notification System Act, 2012. Ontario One Call made the transition to a member driven, Not For Profit corporation in August 2011 . The Board of Directors increased at that time in size to ensure representation by all stakeholders. Municipalities have three (3) seats of the 12 voting members on the Board of Directors. The telecommunication sector, pipelines sector and electrical sector have three (3) seats each, as well. 1 November 12, 2013 -3 - MW-2013-47 The Ontario Underground Infrastructure Notification System Act 2012 In June of 2012 the Ontario Legislature passed the Ontario Underground Infrastructure Notification System Act, 2012 to ensure that a comprehensive system will be in place. The requirements detailed in the Act specify: 1. All infrastructure owners are to register by a specific time a. Municipalities have until June 2014 to register b. Non municipal infrastructure owners had until June 2013 to register FINANCIAL/STAFFING/LEGAL IMPLICATIONS As noted, contractors and taxpayers currently call Ontario One Call for locates and may not be aware that they must also call the City for municipal infrastructure locates. As a result of this, it is anticipated that when the City becomes part of Ontario One Call as legislated, there will be an increase in locate demands. Staff has tracked their current "marks" located in field. The City currently processes approximately 11,392 field marks. The local utility contractor used by Bell, Hydro and Enbridge, has indicated that there were approximately 14,000 requests through Ontario One Call for Niagara Falls locates. One Call will automatically forward locate requests to the City or their agent for all requests received. Due to this, it is expected the City may experience a minimum 23% increase in the number of requests for locates. This will place an increased demand on municipal resources to provide locates. Staff will identify changes to the current operation through the budget process. CITY'S STRATEGIC COMMITMENT This report is to ensure adherence to Provincial Legislation and is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS None. ^ 1 Recommended by: Geoff Holman, Di ector of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sue Wheeler/Geoff Holman MW-2013-53 NiagaraJ1alls November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW-2013-53 Emerald Ash Borer - Ash Tree Population RECOMMENDATION 1. That the City continue to communicate and work with other levels of government and agencies to monitor the spread of Emerald Ash Borer and its effect on the Ash tree population. 2. That staff be directed to include funds in the 2014 budget process to address and possibly limit the effects of Emerald Ash Borer. EXECUTIVE SUMMARY Attached is information regarding the Emerald Ash Borer. Since its introduction from Asia and confirmed discovery in the Canadian forest in 2002 there have been few strategies developed to stop this pest or, as a minimum limit the effects of this pest. BACKGROUND The City has numerous Ash trees in both its Urban Forest and Wood Lots. City-owned trees are maintained by the Forestry section consisting of a supervisor and four full-time staff. Additional staff are deployed at various times of the year to address seasonal requirements. Staff also use contract services for additional trimming and removal as well as the application of pesticides and fertilizer. Since we were notified in 2002 of the presence of Emerald Ash Borer staff have taken some preventative measures. For the past eleven years staff have continued to work with other levels of government and agencies to understand and track the movement of this pest. Staff has attended a number of training sessions, and International Society of Arborist(ISA) workshops while continually receiving updates from the Ministries of Natural Resources(MNR) and the Canadian Food Inspection Agency (CFIA) who have been tasked with the tracking and research and development of this pest. Staff has taken guidance from the recommendations and restrictions brought forward by these agencies. November 12, 2013 -2 - MW-2013-53 In 2003 the City discontinued the planting of Ash Trees. This has resulted in ten years of planting tree species not susceptible to this pest. Some of these plantings occurred in areas where Ash trees had been removed for various other reasons. This proactive approach will not completely offset the effects of this pest. However it will certainly mitigate the effects that would have otherwise occurred. In the Spring of 2013, staff began the use of the pesticide know as Tree Azin. This pesticide has received approval for use by the Pest Management Regulatory Agency (PMRA). The pesticide is known as a systemic pesticide. This means that the pesticide is directly injected into the trees vascular system and that there is no public exposure by way of spray or spread contact. The prohibitive cost and limited knowledge of proven success of this pesticide have caused most Cities and Municipalities including ours to limit its use. This past Spring staff used this product on the eight Blue Ash trees at Cummington Square in Chippawa. The rationale in using this product at this site was twofold in that this is a rare species of Ash in excellent condition and that the loss of these trees would have had a very profound and detrimental effect on the town square. The cost to inject the eight trees at this site was $1,600.00 or $200.00 per tree. This process will need to be repeated every second year until this pest has been eradicated or new technology replaces the current product and method. Staff is determining the full effects of Ash Borer should tree removal be the only remaining recourse for trees not meeting the pesticide use criteria. Staff has a cursory idea of how many full blocks of Ash trees would be affected however are limited in determining the single tree effect. In order to better manage this issue a comprehensive street tree inventory is needed. This inventory would require a dedicated commitment of funds over a three-year period. For budgetary reasons this sustained funding commitment has not been possible and staff has not proceeded with this project. The importance of the tree inventory is significant to not only address Emerald Ash Borer, it is needed to gauge the current health and condition of one of our most valuable and vulnerable assets and to assist us in budgeting the appropriate amount of funds to manage and maintain a healthy forest system. It will also greatly assist in responding to future threats that may appear. ANALYSIS/RATIONALE Staff is planning to include funds in the 2014 and future budgets to address the following action items. • Undertake a comprehensive Street Tree Inventory to review the current condition of the Cities Urban Forest and create a sustainable management program for all future maintenance. • To adopt a plan to address the treatment, removal and replacement of the cities Ash trees. November 12, 2013 -3 - MW-2013-53 • To selectively use the pesticide Tree Azin in an effort to protect Ash trees that are of significant importance and/or those of which value would greatly exceed the cost of treatment. • To begin the removal of Ash trees that do not meet the treatment criteria and that are or will be adversely affected and replace them with trees of different species. • To ensure that all future street tree plantings be diversified in species to avoid the problems associated with mono culture planting. FINANCIAL IMPLICATIONS This action plan will place an increased demand on municipal resources and will require that additional resources be made available and used. Additional funds will need to be placed in the 2014 and future budgets to meet these demands. Staff will provide rationale through the budget process to explain the increased funding requests. This will allow Council to review and ask questions regarding the request and ensure a specific and definitive course of action is approved by Council, prior to implementation. CITY'S STRATEGIC COMMITMENT This report is consistent with Council's Strategic Priorities and reinforces its commitment for a healthy and safe community. LIST OF ATTACHMENTS 1. Emerald Ash Borer Information Recommended by: Geoff Holman, Director of Municipal Works 114/ia, Respectfully submitted: Ken Tod , Chief Administrative Officer John Morocco/Geoff Holman CO V♦ aqsZ Vr3�g 4 < 'w , *�L 9A L■ Z a.) mi-- `� '2., E cy) LL1 cC rf ,, 3C .1 1, .r I t � t i 9 �. 41106 illP a * s # , elk 0 i ✓4 #r i '4 ` i. A . ''\, OF . r I At 5 w + '«.Y -try ,, ' 4 a .. YA. l(� 9M�eTl y _ " °w,, :47;,.. 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Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2013-70 PLC-2013-009, Request for Removal of Part Lot Control Block 83, Registered Plan 59M-388 Warren Woods Phase 1 Subdivision Applicant: Armstrong Hunter and Associates RECOMMENDATION 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 83 on Registered Plan 59M-388, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. EXECUTIVE SUMMARY Armstrong Hunter and Associates has requested that Council pass a by-law to exempt Block 83 on Plan 59M-388 from being subject to Part Lot Control to initially allow its division into two parcels. This will allow the developer to obtain Building Permits for two on-street townhouse dwellings (one on each half). The exemption will also accommodate the further division of the two new parcels into a total of 9 parcels once the individual on-street townhouse dwelling units are completed (four dwelling units in one on-street townhouse dwelling and five dwelling units in the other). The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the block is located within a registered subdivision; • By-law No. 2009-51 permits the proposed parcel sizes and provides certainty that the total number of parcels for Block 83 will be limited to nine; and • the by-law will permit deeds to be created for the new parcels and permit them to be sold. BACKGROUND Proposal Armstrong Hunter and Associates has submitted a request to have Part Lot Control removed from Block 83, in the Warren Woods Phase 1 plan of subdivision. Block 83 is on the south side of Nightshade Street. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. The applicant has applied for Building Permits for two on-street townhouse dwellings on Block 83. However, the Zoning By-law only permits one on-street townhouse dwelling per block. In November 12, 2013 -2 - PBD-2013-70 order for the applicant to obtain a Building Permit for the second on-street townhouse dwelling, removal of Part Lot Control is required to allow the division of Block 83 into two parcels. Once the foundations have been poured for the two on-street townhouse dwellings. the two parcels will be further divided to allow the sale of the individual dwelling units in each on-street townhouse dwelling (four dwelling units in one on-street townhouse dwelling and five dwelling units in the other). Refer to Schedule 2 for further detail. ANALYSIS/RATIONALE The subject block is located within the Warren Woods Phase 1 plan of subdivision (59M-388) which was registered in 2012. The subdivision contains a mix of lots for detached dwellings. semi-detached dwellings and blocks of land for on-street townhouses and group townhouse dwellings. The proposed parcel configurations are shown on the attached reference plan (Schedule 2). The subject block is zoned Residential Mixed (R3-854) by Zoning By-law No. 79-200, as amended by By-law No. 2009-51. Based on the information submitted with the application, the proposed parcels appear to comply with the R3-854 zone. Through the issuance of Building Permits staff will ensure that the dwellings comply with the R3-854 zone. The applicant is required to ensure that all the parcels comply with zoning. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that Block 83 can be initially divided into two parcels and then further divided into a total of nine parcels. Part Lot Control has been requested to be lifted for two years. This time period is acceptable given that the applicant has sales closing on the property. The developer should be required to notify the City when the new deeds have been created to assist in addressing and record keeping. FINANCIAL IMPLICATIONS Development charges were collected for Block 83 based on nine units. There are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Proposed Lots Recommended by: I ('`�- l'v7,-(___ Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: fr A, e Ken Todd, C�ef Administrative Officer D. Deluce:mb Attach. S:\PDR\2013\PBD-2013-70, PLC-2013-009, Block 83 Plan 59M-398.wpd November 12, 2013 -3 - P80-2013-70 SCHEDULE 1 1:4706 • -*----c- -4 F--t---= - I r-L-7-4-41----4 ,... ff-14,vi„,,,ut an ,..., .4 II in, \ imam Ems N/ k I 9mrnrniiIIt a @ iC!E4Q PD E`'°'■ f MU-EOD '• ____, mil imm 1 winnow 11111N/1j1111M111, ammo! ! JIWw NIB =4 # •► � '. / 10011111111 •••• . ell• IIII MO ' ~ - �f� ■ ______ 11.1111111111111111111111111111 ea ULM: November 1 2, 2013 -4 - PBD-2013-70 SCHEDULE 2 a . 2z-ir.., , ...,. 1 ,,t'•62 i 1 1 ,, • i C I unianisliNIONIIIIIN ..,, • rp. 3 ,E___ . .., ' .. .. . _ i 4 22 L.. .I 16 2.17 #110 Z II ;4•21) ..1 :*74" * t I • t t 1.. t 4• t r ' b zi t 1 ' i mornstec sifREET 1 „7-77-17-7-6—airaTTM 1 i 1 t 1 , 1 Block 83 Il■ 34g lutivatii ittsi i zm 'Irtiffik'473s1 iii i EiLocx: 4 Z .............. . - to 2074 V. ..... .....1 Ilsomi, 0 ' .. , . .. • woof 2oks 0 _ Wil$ VW Ar. IN- VIPIt 4.0,. ..." "MT.°••••• ... ••••• ---- .,, - ., -- , (\•C 5....,, .L.. '""'"1 . 77 1 CD , ,----. g 7 c i 71 . . ...._ rl ••■••••^.....T.".......■•■•.•.......1. .... 1-Zitt R&C-2013-20 Niagara all.F ,_..,s November 12, 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-2013-20 City of Niagara Falls Culture Plan RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The Parks, Recreation & Culture Strategic Plan Update recommended a Culture Plan be implemented 2013/14. A Steering Committee has been formed with staff representation from Recreation & Culture Department, CAO's Office, Niagara Falls Public Library and a community representative from the Arts & Culture Committee. As needed, additional City staff and stakeholders will be involved in the process. The consulting firm of TCI Management Consultants has been hired to coordinate the comprehensive five-year plan. The community consultation process including an online survey, forums and group consultations will be launched mid-November. An interim plan will be prepared for March 2014, reviewed with community stakeholders and the final report presented to Council in Spring 2014. BACKGROUND The 2007 Parks, Recreation & Culture Strategic Plan recommended the department prepare "a strategy for developing community arts facilities." In order to complete a strategy, the following studies were recommended: • preparation of a detailed development plan for a visual arts resource centre; • preparation of a feasibility study for a community theatre. The above studies were not completed as further investigation is required to determine if a visual arts resource centre and/or community theatre are viable for the City of Niagara Falls. November 12, 2013 -2 - R&C-2013-20 ANALYSIS/RATIONALE The City of Niagara Falls recently invested almost four million dollars with the building of the Niagara Falls History Museum facility. This investment into the culture community is quite significant, and will help profile the Historic Drummondville district during the National 2012-2014 Bicentennial Celebration. To better understand the culture needs of the community, including arts and heritage, a Culture Plan is an essential planning tool. This is a timely and important initiative for the community - one that needs to respond to current opportunities and market demand, but within the parameters of what the City can reasonably undertake, and within the context of limited resources and other municipal priorities. It is an opportunity to think and plan for the City's cultural resources on a more strategic level. Community consultation is an essential part of any master or strategic plan. This Fall, TCI Management Consultants and the steering committee will: • develop and distribute a community survey; • interview Council, City staff, committees of Council and other community stakeholders; • launch individual and community online surveys; • hold community information open houses. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls Culture Plan will cost $74,975. Council approved $75,000 through the 2013 capital budget project for the Plan. The five-year plan is budgeted from Special Purpose Reserves and Development Charges. Seven proposals were received and reviewed by the Culture Plan Steering committee. The proposals were evaluated on the following items: 1 . Experience with Municipal Cultural planning - 15% 2. Pricing (within the defined budget) - 15% 3. Understanding of the project - 15% 4. References - 15% 5. Work Plan - 40% The successful proponent, TCI Management Consultants has assisted numerous other communities in Ontario and beyond with the development of cultural and economic development plans. CITY'S STRATEGIC COMMITMENT Infrastructure Sustainability: To Prepare five year capital needs assessments for roads, sewers, water, fleet, technology and facilities. The Culture Services Plan will provide required information for staff to understand and to provide directly or indirectly cultural November 12, 2013 - 3 - R&C-2013-20 services to the citizens of Niagara Falls. The Strategic Priority, Healthy and Safe Community states the need to continue to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts & Culture. Recommended by: Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Lfri-74/( Ken Todd, Chief Administrative Officer TS-2013-44 NiagaraJalls November 12, 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-2013-44 Ontario Avenue between Bampfield Street and Seneca Street Parking Control Review RECOMMENDATION That parking is restricted at all times on the west side of Ontario Avenue between a point 24 metres south of Bampfield Street and a point 74 metres south of Bampfield Street. EXECUTIVE SUMMARY A parking restriction is warranted on the west side of Ontario Avenue along the inside portion of the curve to ensure that drivers are able to see and proceed safely. BACKGROUND A parking review was carried out on Ontario Avenue between Bampfield Street and Seneca Street in response to a request from an area resident. The concern stems from parked vehicles on both sides of the road that makes it impossible for concurrent bidirectional traffic. The resident identified that the road is a busy school bus route. Ontario Avenue is a local residential road that is approximately 7.8 metres in width with 1.2 metre sidewalks and 0.5 metre boulevards present on both sides. Currently, there are no parking prohibitions present within the study area. Heavy vehicles including buses (school buses are exempt) are prohibited on Ontario Avenue. ANALYSIS/RATIONALE Various technical studies were carried out, including a review of driver sight lines, collision history, existing signing, and general observations. The parking preference of abutting residents was sought through a questionnaire. A sight line review identified that driver stopping sight distance is not achieved when vehicles are parked on the west side of Ontario Avenue at and near the curve. A collision review reveals that there has been one (1) reported collision on Ontario Avenue in the previous three years. The incident involved a parked vehicle. Ontario Avenue is a low volume local road. Several school buses were observed proceeding through the area during both the morning and afternoon periods. Parked vehicles that were present on both sides of Ontario Avenue opposite of each other reduced November 12, 2013 - 2 - TS-2013-44 the travel width to allow only one h: driver to proceed at one time. Parked cars near the curve creates , -4` , . < a sight line impediment whereby a 'g tt x driver may not be able to see ',Y; f..a " '•` ,4 x:' approaching traffic until they are i ' 0*1 7 ;v,' rrf♦; `, ' I already within the curve. ^� l• 't tit _ f. Questionnaires were delivered to property owners and tenants that `.°��"' I. - -f A � __ reside on Ontario Avenue between ` Bampfield Street and Seneca -4' Y , Street. Five (5) responses were , , .. -°°, , received from the fourteen 1, :- s r,, Lf .e questionnaires delivered , °+ _' representing a 36% response rate Three (3) residents were in favour of implementing some form of parking restriction. Based on these results a consensus amongst residents has not been established. To ensure that minimum stopping sight distances are met and facilitate the safe manoeuvring of drivers at the curve, Staff is recommending that parking be restricted at all times on the west side of Ontario Avenue from a point 24 metres south of Bampfield Street to a point 74 metres south of Bampfield Street. To the north and south of this restriction, parking will remain available on both sides of Ontario Avenue where the road has a straight alignment and where drivers will be able to see for further distances. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs will be carried out by Transportation staff. The labour and material costs are accounted for in the approved 2013 General Purposes Budget. Cost studies estimate that the cost to install the signs is approximately $250. 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: /I �% _ Karl Dren, Director of Transportation Services Respectfully submitted: en Todd, Chief Administrative Officer 7 u . r zs. ' ,•+k7 r 1 - 8A.1 . 1-::,:- ._.;‘,0.: 7-. .;;:,-r q l.a,rt k i t`. ,+sa.,i „a- h:,4 '"',ili." y' N '- 4 ST. i I K ' f k » -`3t 3� .�4 ••".• ?•yJ ' dm 4- 0 LL C ' :..... re's.% . • } y�� r` . . w •• 1 • t X ' a , 4i- ;i, a' F t x, r• 7 ' ` i war- '" is r t L° L •.v.y-� � T * i f t t ,,. ,, •- '-a` - ggyyp�,,. rwi "mac' �Ilh` i 5i Yx, " �• • .c Proposed No Parking Zone Stop eil $TQ, Sign Existing No Heavy Trucks and Buses Sign �� TS-2013-44 Ontario Ave between Bampfield Street NORTH \iagaraJu is and Seneca Street - Parking Control Review ° rt""'tom TS-2013-46 NiagaraJalls November 12, 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-2013-46 Temporary Lease of Space Within Niagara Square RECOMMENDATION 1) That a temporary lease between the City and RioCan Properties be approved to facilitate a lunch space for Transit Bus Operators within the Niagara Square. 2) That the Mayor and Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY With the approval of the Niagara Falls Transit Revitalization Plan, the service is being deployed in an entirely different manner and Bus Operators will commence and complete their respective work assignments at locations other than the Transit Operations Facility on Bridge Street. These changes have necessitated the securement of a space where staff can have their lunches and utilize washroom facilities. The space being recommended at Niagara Square has these amenities and can be accessed from the exterior of the building from an entranceway close to the Transit platform. It is important to secure this space until such time as the new Transit Facility has been completed next Fall. RioCan has provided the City with an attractive yearly lease rate with an option to extend the lease on a monthly basis should the space be required beyond December 2014. BACKGROUND The revitalized route and scheduling structure is a departure from the historical service deployment where most buses commenced and completed their assignments at the Transit Operations Facility on Bridge Street. This Transit facility provided the lunch and washroom amenities the Operators required during their daily assignments. Moving forward, there will be half as many routes passing by this facility and thus, fewer opportunities for Operators to take their lunch breaks at this location. These changes led staff to seek and secure another major Transit hub facility, which will realize several routes passing through that would meet the needs of our Operators for their daily lunch breaks. Upon reviewing all the possible hubs, the best solution to this situation was a vacant space within the Niagara Square near our Transit platform, which will realize service from six routes. This space is attractive to transit staff because it is of suitable size, has a kitchenette, a November 12, 2013 - 2 - TS-2013-46 washroom, and an external entranceway to the building quite close to our Transit platform. Discussions with RioCan staff, the owners of the property went well and staff was able to secure this space for the period of January 2014 through December 2014 for $2,000. per month plus HST with an option to extend the lease on a monthly basis beyond this period at the same rate, if required. With the building of the new Transit Operations Facility on the corner of Kalar and Brown Road, there will be an opportunity to bring Transit Bus Operators back to that facility for their lunch breaks, which would end the agreement with RioCan Properties. If this space were not secured and the Bus Operators had to be provided with the additional time to travel via the buses back to our facility on Bridge Street for their lunch breaks, the additional annual wage expense would be $88,100. Thus, by securing this facility at a major Transit hub, the needs of our Bus Operators for their lunch and washroom breaks will be addressed in the most fiscally responsible manner. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Financial commitment to secure this space has been budgeted for within the 2014 Operating Budget. There are no Staffing Implications and the Legal Implications involve the commitment to bind the City to a temporary lease with RioCan Properties for 2014 at $2,000. per month plus HST. The need to establish a temporary lunchroom facility was captured within the 2013 budget for revised routing. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: K n Todd, Chief Administrative Officer S:\General Administration\GA 1.01 Reports\2013 Council\11 Nov 12\TS-2013-46 Lease of Space Within Niagara Square wpd TS-2013-47 NiagaraJalls November 12, 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-2013-47 Monthly Parking Incentive - Main Street Parking Lots RECOMMENDATION To encourage lot usage and provide lower cost parking options for patrons/employees in the Historic Drummondville Area (Main and Ferry Business District), it is recommended that the monthly permit rate of $25.00 for Municipal Parking Lots #13 and #14, be approved. EXECUTIVE SUMMARY Municipal Parking Lots#13 (Main Street north of Ferry Street) and#14 (Lundy's Lane west of Main Street) in the Main and Ferry business district are located on the outer perimeter of the business area and are currently underutilised by the public. Paid parking was implemented in May 2013 with a 6-month introductory rate of$20.00 for a monthly permit. To promote use in these lots and offer an alternative parking option for patrons, staff recommend the lot rates mirror the standards set out in other business areas of the City regarding reduced parameter lot rates of$25.00 per month. Staff recommend this rate be accepted until the end of December 2014 at which time a review of usage and parking demand in this area can be conducted. The reduced rate would provide parking options for customers on a fixed budget or those willing to walk a bit further to their destination for a cost savings. Reduced rate lots are common in most municipalities as the further from the core business area the less demand there is, therefore, parking rates should reflect use and convenience. BACKGROUND Municipal Parking Lots#13 (Main Street north of Ferry Street) and#14 (Lundy's Lane west of Main Street) are under utilized by the public. Staff recommend the reduction of monthly permits to $25.00 to provide incentive for parking use for patrons/employees of the Main Street area willing to walk a bit to address annual permit cost savings. This would provide a better use of the property, allowing increase use and turnover which would support annual maintenance cost while providing a benefit for those looking for parking options outside of the higher cost lots located in the Main Street core. The rate of $25.00 per month would provide parking options for customers on a fixed budget or those willing to walk a bit further to their destination for a cost savings. Reduced rate lots are common in most municipalities as the further from the core business area the less demand there is, therefore, parking rates should reflect use and convenience. This reduction is similar to the incentives that were approved for the Downtown. Municipal Lot # 12 (Sylvia Place) would remain at $45.00 per month. November 12, 2013 -2- TS-2013-47 ANALYSIS/RATIONALE To provide good customer service and promote long term parking opportunities for businesses and their clients in The City of Niagara Falls as well as generate revenue in under utilized parking lots in the Main Street area. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Reduction of Municipal Parking Lots #13 and #14 monthly permits would increase customer use and increase the lot in a revenue-expenditure balanced aspect. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, continue the parking operations user-pay philosophy through the development and implementation of a 10-Year Parking Capital Infrastructure Program and Rate Stabilization Plan. Recommended by: 1 ` X Karl Dren, Director of Transportation Services Respectfully surbmitted: Ken Todd, Chief Administrative Officer P Brown S'.AGeneral AdministrationAGA 1.01 Reports\2013 CouncilA11 Nov 12\TS-2013-47 Monthly Parking Incentive -Main Street Parking Lots wpd J1 C /A MUNICIPAL PARKING SYSTEM lir*Niagara�ctlls MAIN/FERRY PARKING LOTS ..i. T C aY d ,3, t r i, ' 4+ Ii !??..:.t.-..-:', I t % jtr 1 t -, xf,. t ; leyi« r I el * xP, Z t *; i .,,� I rj F 14 * ... .ice? ".1 t . q i .'•�L I.'f it•':! V'� Y i'L� i 1 _ •� to I }^ 1 a. 4 J t <::;;;',111-1:4:2'•a t {tom, II 2 )� C , �r.. .+. • r� { : Z? '.«'1E• .w,k i' ''''w.�•> dµµ+ Y._`� . C ;,. K' '.... y^ U .7" . : -y �' r 1R -i II 11)n a t tY y!°T'• t. Y t 4'a`"a 1 v vFti L 4� ] l t {t '� 4 fit f t ,t;;;,..,:-'t-,7;-;1."r a' r a. ..* 'It* w, Atli kb V� ' -.r. 1 s `r Ff g� p t : .1 Z , t =L .i r- r.....-.` + "V 2F r f;�`'3 1 >.,NI w ��r 'a - Ct r� } 4a ¢"» �. lS ftzt -:51,.,...,1::,,c,- BSI N S g8 I ;.1+: cSAr --. ;if r "^ .��'. Y Y+(`{ ay %pyi � r its•�t 4- f.'. p } Y f x 19 �I 'L {[,! r ..�' , xh t �_ 7�t ,� ��..,, II1 d• f> @ ,::kt.ih � Vu• f .. s t� f .gyp ]:� `ir 4'Y.' .... 4g 934 C..�*�•w fd- Jiµ Y 11 c�� I, ,,. ,;.: . :11 �g.�? s f 7 a - i E K' m f.': • ; 1' . Abby±4cv �. ..:41,,::;-... & .]t ' ~ b �t :- t F �c� c' �' rI . .:` lam ,•' ' 6 YL. . MP # Standard Lot Rates $40.00/month LEGEND r$ +`?Reduced Lot Rates $25.00/month _ Office of the Regional Chair I Gary Burroughs { — 2201 Sc. David's Road, PO Box 1042 Thorold, ON L2V 4T7 y r f it Telephone: 905-6854225 Toll-free: I-800-263-7215 Fax: 905-685-6243 ie� -7 -y Email: gay.burroughs©niagararegion.ca t '` •, www.niagararegion.ca October 25. 2013 Mayor James M. Diodati and Members of Niagara Falls Council City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor and Council: After reviewing the contents of Niagara Falls report CAO-2013-06 received by your Council and the subsequent media reports on the issue, I submit the following for your Council's information. Operating in a two-tier municipal government environment, Niagara has faced a number of situations where decisions taken by one municipal council impact another. Collectively, we all have made very concerted efforts through the staff working groups (i.e. Niagara area Treasurers, Clerks, Planners, EDOs, Public Works Officials, CAOs — who meet on a regular basis) to bring the issues of mutual impact and importance together in appropriate forums that serve to inform, consult, and cooperate on the issues before us. Niagara Region report CAO 1-2012 (attached), which was subsequently passed and adopted unanimously by the Niagara area CAO group, outlined the need and approach to working together at both levels, and that two-way communication was a critical step to making that happen. Niagara Falls report CAO-2013-06 referenced a number of Niagara Region reports either presented to and/or approved by Regional Council, wherein City staff raised concerns with the position of Regional staff, or felt the City's input was either not solicited or not adequately reflected in the final submission put forward for Regional Council's consideration. I respectfully submit for your information a synopsis of the Region's position on each of the items raised in CAO-2013-06 in the attached summary. This synopsis is not meant to refute the assertions in your report, but rather to inform your Council of the degree to which input is sought from all 12 municipalities during these processes (more specifically from the City of Niagara Falls in some instances). In an environment where there are many voices to be heard, you can appreciate that not all are able to be accommodated equally, but rather a pragmatic approach to consensus is taken, which may not adequately reflect the will or perspective of each individual contributor. .2 Mayor Jim Diodati 2 October 25, 2013 My observation is that on a number of occasions communication (or rather the lack thereof) between municipalities and/or the Region at both the staff and political levels, has at times resulted in positions being taken that strain or challenge our ability to work together for the residents of Niagara. These situations are most unfortunate and in most cases entirely avoidable and easily resolved through more open, responsive and collegial communication. I have personally worked hard to perpetuate that openness and have encouraged that approach at all levels. If there are ways in which your Council thinks Niagara Region can do that more effectively, I would encourage you to bring those forward in a constructive manner. We would similarly anticipate an opportunity to do likewise. It is my hope that we can continue to work together cooperatively for the benefit of all Niagara residents and provide the high level of services. programs and infrastructure Niagara residents have come to expect and deserve from both our levels of government. Yours truly, n �/ �� 11 t„c.h� "� mil Y Gary Burroughs, BA, FCPA`gCA Regional Chair Att. C: Members of Regional Council GBsI 13-13 Niagara Reg pd ion Uates: Niagara Falls CAO-2013-06 (October 22, 2013) Sewage Pumping Stations andForcemains Policy_(Policy) The referenced Policy was first put in place in 2005 to allow for an accelerated uploading of existing pump stations from the local municipalities to the Region. The Policy was subsequently updated in 2010 to clarify two areas of uncertainty— documentation of the need for a new pump station and the source of funding for that station. As per the updated Policy, local area municipalities are responsible for the cost of any new pump station with a design capacity of less than 170 litres per second peak dry weather flow with the Region responsible for the cost of larger stations. The proposed 2010 revisions to the Policy were reviewed with the local area municipalities prior to submission to and consideration by Regional Council. Concerns raised by Niagara Falls during the consultation process, reconfirmed within your recent correspondence, were highlighted and clarified within the report to Council (PWA 49-2010) and in Memorandum PWC 25-2010. Emergency Dispatch Service Review The City has captured the status of discussions appropriately. The City has put out their position based on their review of the report. Regional staff requested, and participating municipal staff agreed at the time, for all parties to share our positions in advance. A report for consideration is forthcoming to Regional Council and will be shared with the participating parties, providing an outline for a collaborative next step. Water and Wastewater Service Delivery Review (Review) The Review is currently in draft form. The consulting team retained by the Region has undertaken significant consultation with the local municipalities and the Region and the participation of the Niagara Falls staff is much appreciated. Comments received from local municipalities have been forwarded to the Task Force throughout the process. The draft report includes those local comments plus feedback from the consulting team specific to those submissions. We will forward a copy of your Niagara Falls CAO's report to the consulting team for inclusion in the final Review. The draft Review does not include recommendations. It does include an analysis of governance options ranging from 100% local municipal to 100% special purpose body to status quo. Each of the options has been modeled to identify potential impacts to municipalities and well as the Region. This will be overviewed at the Niagara Region November 14th Business Planning Committee of the Whole. A report to Council seeking direction on next steps will follow early next year. Niagara Nodes and Corridors Study - This project was initiated as a part of the implementation of the Growth Management Strategy and RPPA 2-2009. - The project scope and details was discussed and validated with Area Planners in May 2011. - Project scope was refined to include additional opportunities for local municipal involvement and collaboration in May 2012. - 'Kick-off Workshop with Area Planners was held on August 23, 2012 — City staff participated. No written comments provided by City staff following the workshop, however, their comments through the workshop were incorporated into the study (namely suggestions for Niagara Falls nodes) .2 - Draft study was prepared in June 2013 and shared with Area Planners by email on August 1st 2013 - Follow-up workshop with Area Planners to discuss June 2013 draft report was held on August 22, 2013 — City staff participated - At the workshop it was announced that the comments discussed that day and any comments submitted to us after would be reviewed and considered in the final draft of the study — participants were welcome to follow-up accordingly - City staff provided comments on draft study on September 6, 2013 and September 16, 2013 - The report is currently being finalized by the author, Dillon Consulting - comments provided by Niagara Falls staff are being incorporated in the report - Niagara Region staff have confirmed verbally with City staff through phone discussions and meetings that Niagara Falls' comments have been received and will be brought forward. Regional Development Phasing: Issues and Opportunities - Regional Phasing Policies are being required as a result of Minutes of Settlement between Region and Province. The Project focus is to bring the Regional Official Plan into conformity with Places to Grow and the PPS. This was not a matter that was up for negotiation with the Province. The requirement for Phasing policies has been discussed with Area Planners as early as April 23, 2011. - As a part of the project Hemson Consulting staff hosted a series of interviews to validate the terms of the study and identify issues and opportunities. Representatives from the local municipalities, school boards, home builders, chamber of commerce, and regional staff participated. City Planners, J. Barnsley and A. Herlovitch were interviewed on May 28, 2013. - John Barnsley followed up with a letter dated June 12, 2013 outlining questions and comments relating to Phasing and Land Supply. In response to the letter, Tom Ostler (Hemson Consulting) phoned John to discuss comments. Tom followed up with an email dated June 18, 2013 noting how the comments would be addressed. Further on some of the mapping issues that were flagged in the City's June 12th letter, we responded to by email on June 13, 2013 and June 26, 2013. - The Issues and Opportunities Report (August 21, 2013) was prepared to summarize what Hemson had heard to date — this report incorporates/summarizes feedback from all stakeholders that have participated - A Workshop on Regional Phasing was held on September 13, 2013. At the workshop the consulting team was listening to everyone and noted that there would be further opportunity to provide feedback and discuss the issues. In response to Niagara Falls staff comments specifically, Hemson did the following: - addressed the South Niagara Hospital as a game changer - noted that employment lands should be given primacy - noted the importance of secondary plans — including looking at recognizing current secondary plans as representing an early phase of development potential - A second workshop will be convened on November 7th to talk about policy options given the feedback we heard to date. Combined Sewer Overflow CCSO) Control Policy (CSO) The City of Niagara Falls, as referenced within its correspondence, has taken proactive measures and has been one of the major partners of Niagara Region's CSO funding program receiving over $10M to date. To your credit, you have been extremely aggressive in dealing with wet weather issues. .3 W/WW Staff have been undertaking consultation with local municipalities with the intent to update the CSO partnership approach. The position identified within your correspondence regarding works on private property has been voiced by other municipalities as well. Further consultation is scheduled for the upcoming Public Works Official's meeting scheduled for November 5, 2013 and will be taken into consideration in preparation of any changes being recommended to Regional Council. Inter-Municipal Transit Pilot Project (IMT Pilo The 3 year IMT Pilot began in September 201 I, and is run based on the proposal that was jointly submitted by Niagara Falls, Welland and St. Catharines Transit, as well as Port Colborne and Fort Erie. The initial fare of $5 per ride was agreed upon by the Regional Council in line with the City of Niagara Falls resolution. The IMT Pilot Coordinating Committee includes representation from Niagara Falls, Welland, St. Catharines Transit and the Region. Niagara Falls is represented by the Director of Transportation Services and the Manager of Transit. This Coordinating Committee, not the Region, has been responsible for decisions regarding service changes, fares and distribution of revenue. AECOM has been retained to review the concept of"One Transit'. Regional staff considers "One Transit" to be a seamless network transit services, and has not made any recommendations that local transit services be merged or replaced by one single transit provider. The Region's role has been of a facilitator to improve inter- municipal transit services through grants. If the IMT Pilot continues, Regional staffs view of One Transit' and the Niagara Falls position of supporting "an express connector service between the major hubs — Welland, St. Catharines and Niagara Falls, including connector services to Fort Erie and Port Colborne with the potential to expand to other municipalities in the Region" could be very closely aligned if all parties work to effective links between the "express connector" and the local routes. The local transit providers provided input to AECOM's work program. WEGO services were kept out of the terms of reference on Niagara Falls staff request. The work program included meetings with the local area municipalities and local transit providers. Regional staff did not attend these meetings; this was a conscious decision made to ensure that the local municipal and transit staff could speak freely with the consultant. At the request of Niagara Falls, AECOM did not meet with the local transit unions during this consultation. Regional staff has also worked to ensure that the local transit providers maintain their relationships with, and ridership from, Brock University and Niagara College by waiting until local U-Pass negotiations are complete before commencing discussions regarding IMT U-Pass programs. Neat, Department of Corporate Services ar 1593 Four Mile Creek Road �te P.O. Box 100, Virgil, ON LOS 1T0 -on-the- ` 905-468-3266 • Fax: 905-468-2959 PST.170I •,1441111samim/ www.notl.org October 30, 2013 Niagara Region Office of the Regional Clerk 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 Attention: Janet Pilon, Regional Clerk Dear Ms. Pilon: Re: Mewburn Road Bridge Replacement Please be advised the Council of the Corporation of the Town of Niagara-on-the-Lake, at its regular meeting held on October 28, 2013, approved the attached resolution, where "the Council of the Town of Niagara-on-the-Lake requests that the Region of Niagara reconsider its current funding commitment toward the replacement of the Mewburn Road Bridge and enter into discussions with the City of Niagara Falls to include the allocation of additional Regional funds to ensure that a proper structure is built to meet future needs." On behalf of Council, consideration as outlined in the attached motion is requested. Yours sincerely, Holly Dowd Town Clerk cc: Area municipalities (sent electronically) Enclosures DRAFT Motion C Re. Mewburn Road Bridge Replacement WHEREAS Concession 6 Road and Mewburn Road lie within the municipal boundaries and are under the jurisdictions of the Town of Niagara-on-the-Lake and City of Niagara Fails, respectively; AND WHEREAS the Town of Niagara-on-the-Lake's Master Transportation Master Plan report (2004) recommends that Concession 6 Road from the Niagara Falls Municipal Boundary to Niagara Stone Road become a Region of Niagara Arterial with a partial or full interchange at King's Highway 405; AND WHEREAS the City of Niagara Falls "Transportation Beyond Tomorrow 2031" report (2011) recommends improvements to Mewburn Road between Mountain Road and York Road and further states: "...if a partial interchange at Mewburn Road (a.k.a. Concession 6 Road) and Highway 405 is constructed, then the City and the Region should enter into discussion regarding jurisdictional changes to Mewburn Road as referenced in the Transportation Services Sustainability Review Report"; AND WHEREAS the Region of Niagara has recently conducted a Planning Study/EA for Glendale/QEW/Highway 405 (2012) and which concluded that a new partial interchange at Highway 405 and Concession 6 Road, with ramps to and from the east, will be considered as a stand alone project (not a "competitor" to other alternatives) as it does not cross the Queen Elizabeth Way and provides additional access to Highway 405; AND WHEREAS that same study identified that the railway bridge on 6th Concession (a.k.a. Mewburn Road) south of Highway 405 would have to be reconstructed and re-opened; AND WHEREAS the Mewburn Road Bridge has been closed to all traffic since late April of 2009 following receipt of a consulting engineer's report confirming that the structure was unsafe for any type of use; AND WHEREAS properties within the Town of Niagara-on-the-Lake situated between Highway 405 and the Niagara Falls boundary currently have only one road access/egress; AND WHEREAS the nearest only other Regional Roads crossing the municipal boundary are 2.5 km. east or 3 km. west of Mewburn Road/Concession 6 and as such the Town has been providing Fire Protection and Winter Maintenance services to the properties within the City of Niagara Falls which lie to the north of the CN mainline; AND WHEREAS in 2010, the City of Niagara Falls had completed a Class Environmental Study for the Mewburn Road Bridge, which recommended a preferred alternative for the crossing which would provide safe, efficient and effective movement of vehicular, pedestrian and bicycle traffic, and, further, applied to CN for 50% funding assistance toward the estimated $2.6 million cost of a replacement structure; AND WHEREAS the City of Niagara Falls had previously included $400,000 in their 2010 Capital Budget towards this project; AND WHEREAS the Region of Niagara has already allocated $200,000 towards the cost of rehabilitating/replacing this structure (Project # E1010); AND WHEREAS both the Town and Region have been notified that the City of Niagara Falls has accepted the proposal from CN to proceed with the replacement of the Mewburn Road Bridge at its full expense (estimated at $578,040); AND WHEREAS this offer of a "replacement in-kind of the structure" would : replace the existing bridge with a width and load rating of the original structure; AND WHEREAS the minimum life expectancy of a new structure is 75 years; AND WHEREAS Mewburn Road/Concession 6 Road is an inter-municipal connecting link and, as such, it is hoped that it will become a linking road within the jurisdiction of the Region of Niagara. NOW THEREFORE the Council of the Town of Niagara-on-the-Lake requests that the Region of Niagara reconsider its current funding commitment toward the replacement of the Mewburn Road Bridge and enter into discussions with the City of Niagara Falls to include the allocation of additional Regional funds to ensure that a proper structure is built to meet future needs; AND FURTHER, that a copy of this resolution be forwarded to the City of Niagara Falls and all of the Area Municipalities within the Region of Niagara for support. Moved by Seconded by (11AV". i �/ Niagara Sit Region Works Transportation 2201 St. David's Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: l-800-263-7215 Fax: 905-685-0013 www.niagararegio n.ca November 1, 2013 Via e-mail: gholman @niagarafalls.ca Mr. Geoff Holman, P.Eng. Director of Municipal Works City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Holman: Mewburn Road Bridge Replacement In the City of Niagara Falls Your File: 5-120-1 Our File: 0.01.01 77 013 1010 We have received a copy of Municipal Works Report MW-2013-48, in which City Council accepted the proposal from CN to proceed with the replacement of the above-mentioned bridge with an in-kind structure. The 2009, Transportation Services Sustainability Review identified Mewburn Road as a possible future Regional Road if and when an interchange at Highway 405 is constructed. As such and as you are aware, we have previously committed and budgeted $200,000 to this project, provided the new bridge meets our design standards as outlined in the approved Class EA Study. We appreciate and understand the City's challenging decision on this project. However, based on the latest developments, this letter is to inform the City of Niagara Falls of the following: 1) That Niagara Region will no longer be contributing funds on this bridge replacement project; and 2) That Niagara Region will no longer entertain ownership of the Mewburn Road corridor without considerable upgrades (by others) to this bridge structure. I trust that you can appreciate our position on this matter. Should you have any further questions or concerns please let me know. Yours truly, 7 i ,' ,,, i/t^ Mike DiPaola, P.Eng. Associate Director Transportation Engineering MD/aw c: Joe Cousins,Director Transportation Services Division,Niagara Region Jason Marr,Senior Transportation Project Engineer,Niagara Region Glen Cowan,Associate Director Public Works Finance,Niagara Region L:\Engineering\Region Wide\E1010 Mewburn Road Bridge Replacement NF\Correspondence\2013-11-01 Holman.doc �/�/�//'' MW-2013-48 Niagara 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 of a 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 ON'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: ( Geoff Hol han,(Direc or of Municipal Works '111 Respectfully submitted: ! c\Ken Todd, Chi- Administrative Officer Geoff Heiman 1 5 5 t. CITY OF ST. CAT[(ARINLS Economic Development & Customer Service Office of the City Clerk P.O. Box 3012, 50 Church Street Phone: 905-688-5600 St. Catharines ON L2R 7C2 Fax: 905-682-3631 TTY. 905-688-4TTY (4889) November 6, 2013 Janet Pilon, Regional Clerk Region of Niagara 2201 St. David's Road Box 1042 Thorold ON L2V 4T7 Motion: Additional Downtown Policing Please be advised that Council, at its meeting held October 21, 2013, approved the following motion presented by Councillor Siscoe regarding downtown policing efforts and related costs. "WHEREAS the Region of Niagara and the Niagara Regional Police have consistently stated that additional police enforcement is a responsibility of the local municipality; and WHEREAS this policy has led to the City of St. Catharines being forced to pay for additional policing in Port Dalhousie in the past, a cost that was passed on to local business owners; and WHEREAS this policy has forced the City of St. Catharines, in conjunction with the St. Catharines Downtown Association, to currently pay for additional daytime foot patrols by the Niagara Regional Police in the downtown core; and WHEREAS this policy may lead to the City of St. Catharines being forced to pay for additional nighttime policing in the downtown in the future, a cost that may be passed on to local business owners; and WHEREAS the City of Niagara Falls has recently received a windfall payment from OLG for hosting fees, a part of which is intended to be used to pay for adequate policing of the Casinos. BE IT RESOLVED that the City of St. Catharines request that the Region of Niagara continue to apply a consistent approach to additional policing costs, by ensuring that additional policing in local communities be the responsibility of the lower-tier municipality; and further BE IT RESOLVED that if the Region of Niagara and the Niagara Regional Police choose to change this policy and pay a portion of the Casino policing costs in Niagara Falls, that the Region and the NRP review past decisions regarding additional St. Catharines policing and agree to cover those costs going forward." 1 The Mayor and Members of Council appreciate your consideration of this matter. Bonnie Nistico-Dunk City Clerk cc Jeffrey McGuire, Chief, Niagara Regional Police Services Tisha Polocko, Executive Director, St. Catharines Downtown Association Local Area Municipalities (sent electronically) 2 -Pi. ;" City•of St. Catharines ' ' 50-Church Streit PCt.-go*3012 St Cathannes ONI2R 7C2, stCtbatrnes'ca Tel'I �JdS b88-56(10 �n .:a "i_ . 'ti '3` Nk= .�-rs .r{. iV 1;4 t£�x tUx+';fai r �. y .;.1 irr art RESOLUTION OF COUNCIL Date: October 21. 2013 MOTION - DOWNTOWN POLICING - MOVED BY: SECONDED BY "-/ �; �-% WHEREAS the Region of Niagara and the Niagara Regional Police have consistently stated that additional police enforcement is a responsibility of the local municipality; and WHEREAS this policy has led to the City of St. Catharines being forced to pay for additional policing in Port Dalhousie in the past. a cost that was passed on to local business owners; and WHEREAS this policy has forced the City of St. Catharines. in conjunction with the St. Catharines Downtown Association, to currently pay for additional daytime foot patrols by the Niagara Regional Police in the downtown core: and WHEREAS this policy may lead to the City of St. Catharines being forced to pay for additional nighttime policing in the downtown in the future, a cost that may be passed on to local business owners; and WHEREAS the City of Niagara Falls has recently received a windfall payment from OLG for hosting fees, a part of which is intended to be used to pay for adequate policing of the Casinos. BE IT RESOLVED that the City of St. Catharines request that the Region of Niagara continue to apply a consistent approach to additional policing costs, by ensuring that additional policing in local communities be the responsibility of the lower-tier municipality: and further BE IT RESOLVED that if the Region of Niagara and the Niagara Regional Police choose to change this policy and pay a portion of the Casino policing costs in Niagara Falls, that the Region and the NRP review past decisions regarding additional St. Catharines policing and agree to cover those costs going forward. Regular Council Meeting E Carried Lost Clerk Vietnamese Boat People Memorial Monument Committee Historical Event: 40th Anniversary ( 1975-2015) of the Boat People in Southern Ontario To: Mayor JIM DIODATI City of Niagara Falls, Ontario RE: Consideration for Boat People Memorial Monument in Niagara Falls Region October 15, 2013 Dear Sir, Although monuments are often perceived simply as another form of public sculpture they are first and foremost reminders. We build the Memorial Monument to the Boat People because those people are important to us for the values of the word "Freedom." In addition to communicating our beliefs and values from generation to generation, the monument also helps us to come to terms with the unknown, the unexplained and the mysteries of life—as well as with our deepest emotions, such as the pain we feel at the death of the "Boat People." SURVIVAL THROUGH CELEBRATION: 'The past is not dead history' one man has written. "It is the living material out of which man makes himself and builds the future." From our past conies the timeless, universal, and elemental truths that govern our earliest evolution determined by our gradual development as human beings over aeons. THE BOAT PEOPLE MEMORIAL MONUMENT: The monument welcomes all tourists and visitors to walk up few steps to see it. There, they can see the allegory a group of figures expressing their experiences of pain and suffering. The inscription reads: "Memorial of the Boat People who died at sea and never reached the freedom land..." It will be 6 feet tall bronze statue, cast on the base by red black granite and set on a small piece of land. The Memorial Monument is influenced by the naturalist school of arts, created by our well- known Vietnamese Canadian Sculptor in Toronto named Pham, The Trung. The artist also escaped from Vietnam by boat to a refugee camp in Thailand and was later granted immigrant status by Canada in 1980 (please see the attachments of his Biography and 2 photos of the Illustrations Landscaping Designs ). Thank you for your consideration. Hung Nguyen Supporter Member of Vietnamese Boat People Committee E- Mail : HanliyoniwinmriannoinitgindiLintri Written on behalf of our Vietnamese Committee Members, Advisors and Supporters across the following areas of Southern Ontario: St. Catherine- Niagara Falls, Hamilton, Cambridge, Kitchener-Waterloo , London, Guelph, Oakville, Windsor, Mississauga, and Toronto. , kid S a .. �}z--A L '4 :5, y^u y154,} A 4 -s-,°--' "i k : ,� la '2Yk t 5 'i,. k< y� �y fa '1) 4 �iMiM .. =a' ''£ ,'. -4- ■ rtee t ._. F �) t x4 • . 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'14ati.;* t?. -s- • ' ' '''''."7•-'1.--.'-'.-" ' ' -- - 7:S.....4. ?. • * .‘- . - • " /73;, "•5'P-...C'... -;.'i.C'.'7'7..'t*t:t..:?--1--- - : . :,--- - : ''' I"t --'''''' ..-et -1--- ' -- .A-2-1*.:.77-..:"tt:27'r? - - . -..„*. 2:::.----:— E-• :, ' - 7 -• • Ii Profile Summary of Sculptor Pham The Trung Considered among the finest Canadian artists today, Pham The Trung has achieved this stature through a consuming passion for his work and an unrelenting dedication to its quality and integrity. Pham' art reflects both Vietnamese past and Canadian presence, as well as modern and tradition schools of art. Pham has participated in many major exhibitions throughout Canada and USA, organized by Sculptors Society of Canada, Multicultural Society of Ontario, Roy Thomson Hall, the Art Gallery of Ontario, the University of Toronto's Roberts Gallery, Royal Ontario Museum and Civilization Museum of Canada (Project 2000). He also has been covered in many articles such as Globe and Mail, Toronto Star, Canadian Magazine, CBC, CTV, True North Arrivals CD (CTV for Education), Dini Betty show... He is member of Sculptors' Society of Canada and an active member of the Vietnamese Community. In 30 years of his artistic career, Pham has achieved distinction for his Sculptures and has received many awards. Among those is the Award of Merit from City Toronto and the Gold Medal for the Arts in 1997. Pham won the competition of the "Vietnamese Commemorative Monument " project that held jointly by the City of Ottawa and the Vietnamese Canadian Federation in 1993. His commissioned statue named "Refugee Mother and Child" was erected in the park at the corner of Preston St. and Somerset Ave. West in Ottawa. It was officially unveiled on April 30, 1995 to commemorate the 20th anniversary of the Fall of Saigon. "Refugee Mother and Child" pays tribute to the Vietnamese boat people who fell victim to the Communist regime and depicts the triumph of the human spirit. More recently, Pham designed the "Monument for the Fallen" that would be constructed at the Republic of Vietnam's Veterans Cemetery in Adelanto, South California- USA. The Monument includes busts of five RVN Heroes Generals who committed suicide on the day of the Fall of Saigon, April 30, 1975. Pham spent six years of formal training and graduated from the National College of Fine Arts in Saigon. In 1980, Pham fled Vietnam by boat to escape persecution from the Communist regime. From a refugee camp in Thailand, Pham has granted immigrant status to Canada. Pham's art helps heighten our awareness of how Canada has emerged as one of the great world cosmopolitans and an honoured country of hope. For more information about Pham's background and achievements, please visit his website at www.pnamthetrung.bloaspot.com Clerks Department Inter-Department Memorandum TO: Mayor James Diodati DATE: November 12, 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Request for Municipal Council Support Resolution under FIT program Rooftop Solar Facility 8299- 8251 Dock Street Council approved report PD-2012-66, Solar Panel Rooftop Projects. As per that report Council agreed with the staff recommendation that requests for municipal council support resolutions for rooftop solar facilities be dealt with on a case by case basis. From the report: City staff is reluctant to recommend a blanket resolution without knowing the proposed locations or design of these roof top solar panels. Although rooftop panels maybe laid flat and be unobtrusive panels which are mounted on a roof at an angle and which back onto housing might have a detrimental impact on the residents based on visual appearance or perhaps wind deflection. The risk to Council in proceeding in this way is of that should a project of this type become locally controversial. Council will be seen as lending support through the blanket resolution. Staff received the request for a support resolution related to the project and property noted above. Staff has no issues. RECOMMENDATION: That Council approve the related resolution listed under the Resolution section of the agenda. Working Together to Serve Our Community 2391395 ONTARIO LTD. 150 Bridgeland Avenue, Suite 101,Toronto, ON Phone 416-201-9109 M6A 125 Fax 416-201-8050 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attn: Planning, Building, and Development Department Re: Municipal Council Support Resolution for Rooftop Solar Project at: 8299-8251 Dock Street, Niagara Falls Dear Sir/Madam, Our company is currently developing Rooftop Solar projects across Ontario, and currently has some projects under development in the City of Niagara Falls, at the address noted above. These projects deliver significant benefits to the local communities where they are located, including clean energy and local employment. The Ontario Power Authority (the OPA) has a points system to determine the priority for offering Feed- In-Tariff(FIT) Contracts for rooftop solar projects. Points will be awarded to applications that have a formal Municipal Council Support Resolution from the municipality in which the project is located. We are requesting your help in obtaining this municipal council support from the City of Niagara Falls for our project. Since the city is currently considering individual support resolution for Solar Rooftop projects, I have attached a prescribed form of the council support which needs to be approved by the council, as per the OPA guidelines. For more information on the OPA rules pertaining to the FIT program and its benefits to Ontario communities, please refer to the following document: http://www.energy.gov.on.ca/docs/en/FIT-Review-Report.pdf A summary of the solar products to be installed and more information about the project can be found in Appendix A attached. Thank you in advance for your support, and feel free to contact me at (416) 201-9109 ext 158 or jdu @mannengineering.com or John Wong at (416) 201-9109 ext 151 if you have any questions. 2391395 ONTARIO LTD. 150 Bridgeland Avenue, Suite 101,Toronto, ON Phone 416-201-9109 M6A 125 Fax 416-201-8050 Sincerely, f-7Yt�^4[ /1 Joan Du Vice President of Renewable Projects 2391395 Ontario Ltd. Encl. 2391395 ONTARIO LTD. 150 Bridgeland Avenue, Suite 101,Toronto, ON Phone 416-201-9109 M6A 125 Fax 416-201-8050 APPENDIX A- PROJECT INFORMATION Project#1: Building Address: 8299-8251 Dock Street, Niagara Falls, ON Capacity: 100 kW Type of Installation: Rooftop Solar PV Equipment to be installed: Panels: Polycrystalline Solar Modules, Hanwha or Equivalent; Inverters: AC/DC Inverters, Advanced Energy or Equivalent. Dean Iorfida From: Vittoria Wikston <vwikston @niagarafallstourism.com> Sent: Wednesday, October 09, 2013 1:38 PM To: Dean Iorfida Subject: FW: City Council Meetings & Niagara Falls Tourism Importance: High Hello Dean —I'm just trying to reach out to you on this initiative. I was hoping to present at the Oct. 22ntl meeting; however, my colleague Toni Williams has requested the first date option in November instead as she's no longer available for the 22nd. Can you please confirm that we're on deck for a presentation and the date. We'd like to get this nailed down. Please & thank you. Vittoria A. Wikston, CMP Director, Business Development I Niagara Falls Tourism 905.356.6061 x 219 From: Cathy Crabbe [mailto:ccrabbe©niagarafalls.ca] Sent: September-18-13 11:00 AM To: Vittoria Wikston Cc: Dean Iorfida Subject: RE: City Council Meetings & Niagara Falls Tourism Hi Vittoria: Thanks for your email. Dean lorfida is our City Clerk (diorfida(?a niagarafalls.ca, 905-356-7521, Ext. 4271), and I have copied him on this email so as to expedite the request and response. Regards, Cathy From: Vittoria Wikston [mailto vwikston @niagarafallstourism.com] Sent: Monday, September 16, 2013 4:01 PM To: Cathy Crabbe Cc: Jim Diodati Subject: City Council Meetings & Niagara Falls Tourism Hello Cathy— I'm hoping you can point me in the right direction please. Following up with a conversation that I had with the Mayor, Niagara Falls Tourism would like to be added to future City Council agendas. Not necessarily every one; but, once a quarter just to give recaps on the initiatives and happenings from the Tourism Sector. The first meeting we'd like to attend is October 22nd—whereas, since it's our first one, we'd like to give a presentation that highlights the changes made to NFT from the past two years and some milestones in our future. We need about 10 minutes or so. 1 When I spoke to Jim about this, he requested that I reach out directly to the City Clerk; but, I'm sorry, I've forgotten the name. Can you help me please. Many thanks, Vittoria Wikston - cnrP NIAGARA FALL S Director, Business Development v,w ONE WONDER AFTER ANOTHER vwikston @niagarafallstourism corn 5400 Robinson St I Niagara Falls, ON I Canada I L2G 2A5 905 356.6061 ext. 905 356- FAX WW &osite , 1:acebook Twittar VouTabe 219 5567 i 3 -. II A- www.niauaraIalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s)named above,and may be legally privileged. If the reader of this message is not the intended recipient,you are hereby notified that ally dissemination, diatrihidion, disclosure or copying of this communication.,or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 2 _tre: ROTARY CLL. B OF NI GARS _ ALt S SL tiRISE November 4, 2013 The City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6 5 Attn: Mr. Dean lorfida, City Clerk RE: Rotary Club of Niagara Falls Sunrise Ribfest and BBQ,June 13, 14, and 15 2014 Dear Dean, The Rotary Club of Niagara Falls Sunrise, Ribfest and BBQ committee respectfully ask the City of Niagara Falls to declare our 10" Annual Niagara Falls Rotary Ribfest a Community Event,to be held June 13`h, 14` and 15th 2014. We would also like to request relief from the City of Niagara Falls Noise By-Law, and would request that we be allowed to have our entertainment perform until 1:00 am on Saturday June 14h and Sunday June 15`h. We are pleased to announce that we have selected Niagara Square as the new location for Niagara Falls Rotary Ribfest. The event will be held in the north-east corner of the Niagara Square property, to the east of the Michaels store. This location will provide great highway exposure for Ribfest and we are confident that this new location will enable us to continue to grow and expand this great community event. Niagara Square has fully endorsed and approved hosting Rotary Ribfest and also allowing our entertainment to perform until 1:00 am on Friday and Saturday nights. Letters will be sent to the Fire Department, Health Department, and Police Department, once we have prepared our new site plan for our new location for 2014. rae vAINQ >7' w. , NIAGARA FHLLS SUNRISE 1 wY . n [ i i h t e s t . c o m The Rotary Club of Niagara Falls Sunrise Ribfest committee is looking forward to another successful event that provides great food, fun and entertainment for people of all ages in our community. We are proud to he celebrating our 10`h Anniversary in 2014. Rotary Ribfest raises funds for our Rotary Club that is used 100% for community programs such as Project Share, Rotary House, School Breakfast Program, GNGH Foundation, and Heart Niagara,just to name a few. If more information is required, please do not hesitate to contact me at(905) 651-2432 or email me at swright @gordonwright!td.com . .1-hank you yor your assistance and support of our event! � )1 r 1 k s;� Sincerely, Scott Wright, P. Eng., Co-Chair of Niagara Falls Rotary Ribfest On behalf of the 2014 Ribfest Committee Contact information: Gordon Wright Electric Limited 6255 Don Murie Street, Niagara Falls. ON L2G OB1 P ( 905 ) 356-5730 F ( 905 ) 356-4588 Cell ( 905 ) 651-2432 E-mail swright@gordonwrightltd.com Clerks Department Inter-Department Memorandum TO: Mayor James Diodati DATE: November 12, 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Rotary Club of Niagara Falls Sunrise - Request for Relief to the Noise By- law Representatives from the Rotary Club of Niagara Falls Sunrise will be addressing Council regarding their new location for Ribfest (Niagara Square). In addition to informing Council on the change in location, the organizers have requested relief to the City's Noise By-law, which prohibits amplified music after 9:00 p.m. in this area of the City. The organizers, at their former location, have requested relief from the by-law in the past until 11:00 p.m. with minimal complaints. The request for next year's event is to allow amplified music until 1:00 a.m. No previous relief granted by Council, for an event, has gone past midnight. At this point, staff is recommending that the request be referred to staff to work with the organizers on stage location and other noise mitigation measures and come back in the spring. Staff is aware of some other large scale outdoor events for 2014. In such cases of new events and locations, staff have given public notice of noise relief requests and would recommend such a notice be done prior to Council's consideration of the request. RECOMMENDATION: refer to staff to work with the organizers and return with the request late winter or early spring of 2014. tkjj" Working Together to Serve Our Community Dean Iorfida From: Cathy Crabbe Sent: Wednesday, October 23, 2013 3:43 PM To: Dean Iorfida Cc: Jim Diodati; Serge Felicetti; Cathy Crabbe; Carey Campbell; Kristine Elia Subject: November 12 Council Deputation Request Hi Dean: Serge and Jim met with Lucio Polsinelli of the Walton Group yesterday and were informed that they are giving significant donations to Lyndesfarne, Habitat for Humanity and the Hospital Foundation. The Mayor would like to bring Lucio along with representatives from each of these organizations to Council on November 12 where cheque presentations can be made at the beginning of Council. Can you please schedule this into your agenda for the Mayor. Many thanks Cathy 1 PBD-2013-66 NiagaraJ3aIis November 12, 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-2013-66 AM-2013-015, Zoning By-law Amendment Application 6693-6719 Thorold Stone Road Applicant: Lally Homes Ltd. (John Lally) Owner: 938002 Ontario Ltd. Proposed 20 Unit, 3-Storey Apartment Building RECOMMENDATION That Council approve the Zoning By-law amendment application to permit the construction of a 20 unit, 3-storey apartment building on the lands. EXECUTIVE SUMMARY The applicant is requesting a Zoning By-law amendment to permit the construction of a 20 unit, 3-storey apartment building on the lands known as 6693-6719 Thorold Stone Road. The zoning of the lands is requested to be changed to a Residential Apartment 5B Density (R5B) zone, with site-specific regulations to reduce the minimum lot area per dwelling unit, minimum interior side yard width, minimum rear yard depth, minimum landscaped open space and increase the maximum lot coverage. The application can be supported because: • it conforms with the Growth Plan and is consistent with Provincial Policy Statements; • the height, density and location of the project is within the intent and purpose of the City's Official Plan; • the proposed development provides a range of unit sizes and would contribute to the City's housing mix; • the project is within the intent and purpose of the pending Growth Policies (Official Plan Amendment No. 94) and is located within the Thorold Stone Road intensification corrior; and • the proposed building will provide acceptable setbacks from the surrounding residential properties and will not have a negative impact on them. BACKGROUND Proposal A Zoning By-law amendment is requested for a 0.25 ha (0.63 acre) site located on the north side of Thorold Stone Road. Refer to Schedule 1 to located the lands which are known as 6693-6719 Thorold Stone Road. The amendment is requested to permit the construction of a 20 unit, 3-storey apartment building. Refer to Schedule 2 for details of the November 12, 2013 - 2 - PBD-2013-66 proposal. A future application for condominium approval is expected should this application be approved. The existing single detached dwelling located on the lands is proposed to be demolished to facilitate the proposed apartment building.The apartment building contains one, two and three bedroom units that range in size from 87.3 square metres (939 square feet) to 133 square metres (1431 square feet). The ground level of the building includes two apartment units, common areas, a refuse area, and 15 indoor parking spaces. The subject lands are currently zoned Low Density, Grouped Muiltiple Dwellings (R4) by Zoning By-law No. 79-200. Minor variances were previously granted in 1990 and 1991 to allow a 14 unit, 3-storey apartment building to be constructed within 8.84 metres of the rear lot line and with194 square metres of lot area per dwelling unit. Draft Plan of Condominium approval was granted for the project in 1992 and is still in effect. This will have to be withdrawn. The zoning of the lands is requested to be changed to Residential Apartment 5B Density (R5B) with site specific regulations for lot area, interior side yard width, rear yard depth, landscaped open space and maximum lot coverage. Surrounding Land Uses The subject property abuts the Summerlea Acres townhouse condominium to the north, east and west. A parking area and driveway of the condominium abut the subject lands immediately to the east. To the north and west, the subject lands abut the rear yards of townhouse dwelling units. A mix of residential uses including an apartment building and single detached dwellings exist opposite the subject lands on the south side of Thorold Stone Road. Circulation Comments • Municipal Works Department - No objection to the application. The City's Landscape Architect notes several items (parkland dedication and landscaping) that can be addressed at the time of Site Plan Control and the Condominium approval. • Transportation Services Department No objections to the application. The applicant will have to demonstrate that garbage trucks can navigate the site at the time of Site Plan Control. • Building Services/Fire Department - No objections to the application. The Fire Department advises that the applicant needs to consider the implications of the building classification under the Ontario Building Code on the requirement for a fire access route. The applicant has been advised of this and will ensure that the necessary information is provided at the time of Site Plan Control to ensure the building will not require a fire access route. November 12, 2013 - 3 - PBD-2013-66 • Clerks Department/Legal Department No objections to the application. • Region of Niagara (the Region) No objections to the application. The Region advises that a revision will be required to the applicant's noise study, which can be completed at the time of Site Plan Control. Neighbourhood Open House A neighbourhood open house held on October 10, 2013 was attended by the owner, his consulting team and neighbouring property owners. No objections to the application were expressed at the open house. ANALYSIS/RATIONALE 1 . Provincial Policy Statement and Growth Plan The application conforms to the Growth Plan and is consistent with the Provincial Policy Statements as follows: • the development involves land within the urban boundary and built-up area; • the development makes efficient use of existing infrastructure and municipal services; • the project contributes to a better mix of housing; and • the project will support transit and commercial uses in the area. 2. Official Plan The subject land is designated Residential in the City's Official Plan. The application conforms to the applicable policies of Official Plan as follows: • The height and density of the proposed development is 3 storeys and 78 units per hectare. The Residential designation permits heights of up to 4 storeys and densities up to 75 units per hectare where the development is located at the periphery of residential neighbourhoods with convenient access to arterial roads, public transit and in proximity to schools, parks and neighbourhood commercial areas. The slight increase in density is the result of the 20'h unit and considered within the intent of the Official Plan. • The Official Plan requires infill development to be designed to achieve compatibility with the surrounding area in terms of density, height gradation, building mass, setbacks and appearance. The proposed building will be 10 metres (33 feet) in height (the same maximum height for a single detached dwelling and less than what was granted for a previous proposal in the early 1990s) ensuring it will be compatible with the surrounding townhousing. Most of the parking will be located in the building reducing potential noise impacts. November 12, 2013 -4 - PBD-2013-66 Parking is not located in the front yard which would create a less desirable streetscape. • The proposed building has units ranging from one to three bedrooms which contributes to the mix of apartment dwelling units in the City. • The proposed 20 units would contribute to the supply of dwelling units in apartment buildings within the City. • Official Plan Amendment No. 94 (OPA No. 94) was adopted by Council on January 31 , 2012 and Approved by the Region of Niagara on May 24, 2012, however, it is currently under appeal. While this application is not subject to the policies of OPA No. 94, the application conforms to the policies of OPA No. 94 as it is within the Thorold Stone Road intensification corridor. This corridor anticipates medium to high density residential development. 3. Zoning By-law Amendment The subject lands are currently zoned Low Density, Grouped Multiple Dwellings (R4). The zoning of the lands is requested to be changed to a Residential Apartment 5B (R5B) Density zone. The applicant has requested several site- specific amendments to the standard regulations as noted below: Zone Provision Required Requested Minimum Lot Area 133 square metres for 127 square metres for each dwelling unit each dwelling unit Minimum Interior 1/2 the building height (5 4.96 metres (west side) Side Yard Width metres) 2.67 metres (east side) Minimum Rear Yard 10 metres 7.6 metres Depth Minimum 35% 29% Landscaped Open Space Maximum Lot 30% 47% Coverage • The requested lot area reduction is considered minor as the site maintains a functional design, accommodates all the required parking and the site conforms with the intent of the Official Plan with respect to density. • The reduced interior side yard setback can be supported since the reduction on the west side is negligible and the reduction on the east side is bounded by a parking lot for the adjacent condominium. • The rear yard depth was reduced in order to accommodate a proper turning radius for garbage trucks at the front of the building. The reduced rear yard depth can be supported since the proposed height of the building is comparible to that of a single detached dwelling which typically requires a rear yard setback of 7.5 metres. In addition, the proposed building backs November 12, 2013 - 5 - PBD-2013-66 onto a townhouse development which is considered a compatible land use to a low-rise apartment building. It should be noted that in the northeast corner of the building, a balcony on the second and third floor encroaches 1.5 metres into the rear yard. Such an encroachment into a required rear yard for an open balcony is permitted by section 4.14 of the Zoning By-law. • The reduction of the minimum landscaped open space is considered minor. The amount of landscaping has had to be adjusted to accommodate required parking. • The increased lot coverage can be supported since the proposed building maintains adequate setbacks from all property lines and there remains adequate landscape open space. Based on the above, Planning staff considers the proposed amendments to be appropriate and supports the application. FINANCIAL IMPLICATIONS The proposed development would generate development charge contributions and tax revenue for the City. CITY'S STRATEGIC COMMITMENT The applications conform to the City's Official Plan policies which encourage intensification and efficient use of land. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Applicant's Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: J en Todd, Chief Administrative Officer D.Deluce Attach S.APDR\2013VPBD-2013-66, AM-2013-015. Lally Homes Ltd.wpd November 12, 2013 PBD-2013-66 SCHEDULE 1 ; --1- t — - - ; -- : T 7 • --' f__....: , _ --, ,---, I --, -, - f-- ----. f -1 1 ' : f }- ; _ ,-----i,-- __... 1 1 - ; , .._ 1:47o4 ,./' . .- - - • t -',. - - L- k ' — -"--- 1 . __.. ',1-.__ 1 ,,- r, 1 r. . - -1, ----1.75.• , . ' . ----,c, r r-----1>- 1 , 1 ■ - I '.!' , - ,,I---1-----Fri-i-r-r---rt, ' ,, ,.( 1 1 r ,,. _ ,.. _ 1 ,.. , t , ., ' ,,.,- • ; I 1 I . „ , .4 II I ii 1. -., . . , .. _, ... , ...- __ ....._ . 1, ' -ce,s1Clyi9LIrtr.Dsriii; -•—i-- it j- ' ,.... 2c. __ , i i '. _i_ I L 1 L -- 1 • r Ti4OROLD STONE RD ,,_ .r_. . — . _ - THOROLD STONE RD STONE RD - I- - - - ' 7- --1 1,--r *-1-1- 1-- 4,- G , , , [ 1 . , 7 _ , • : Lie, t .--,--- ..... — - --- 1 7rt C-1 S1 'ft .7-, u _ , m CREONFORD ST . , ' -, ' ; ilin : 1L : - :4: I 1 L : , 'PE'. : ,• , • •• . — 7 ei>... j - ';Sj! " j, 1.-7-- v 1 i 1---1 rillr_ -4: '-`,.(irt-------' 1 I -7—'7 . November 12, 2013 7 - PBD-2013-66 SCHEDULE 2 o a , W 0 C ew o� a< _ I ' • l ONTARIO Save As I Clear All Print POWER AUTHORif" - INSTRUCTIONS: MUNICIPAL COUNCIL SUPPORT RESOLUTION (Section 5.1(g)(i) of the FIT Rules,Version 3.0) Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 3.0. INSTRUCTIONS APPLICABLE TO ALL RESOLUTIONS 1. The instruction page is not required to be submitted with the hard copy Application materials. 2. The first page of the resolution must be marked, by the Applicant, with the FIT reference number associated with the Application. 3. Where the resolution has multiple pages, the resolution should be stapled. 4. Information provided in the resolution must be consistent with the information provided in the electronic Application Form in order for the Application to be awarded Priority Points. 5. Apart from the completion of any blanks in the template resolution, no amendments, other than those outlined in paragraph 6 below, may be made to the wording of this form. 6. Words in between square brackets (i.e. "[" and "]") are immaterial to the intent of the template resolution and may be modified to follow standard procedure of the issuing body. Wording not contained within square brackets must not be changed in order for the Application to be awarded Priority Points. 7. The entirety of the resolution (all blanks) must be completed in order for the Application to be awarded Priority Points. INSTRUCTIONS SPECIFIC TO THE RESOLUTION 9. Local Municipal councils have the option of drafting the Template: Municipal Council Support Resolution on the Council or equivalent governing body letterhead. The language of the Template: Municipal Council Support Resolution must be the same as shown in the template in order for the Applicant to obtain Priority Points. The OPA does not award Priority Points if the resolution includes additional conditions or delegation of authority to staff for additional approvals. 10. The separate Prescribed Form: Municipal Council Support Resolution Confirmation may be completed and provided to the OPA by an Applicant that had received a FIT Rules, Version 2.1 Template: Municipal Council Support Resolution (that was not a blanket support resolution) that was issued by the Local Municipality prior to October 9, 2013 in relation to the Applicant and the Project. The Prescribed Form: Municipal Council Support Resolution Confirmation may not be used as a substitute for a Municipal Council Support Resolution where no Municipal Council Support Resolution was issued for the Project previously. 11. Where no resolution number exists, insert "N/A" into the appropriate field. Oct 2013 Page of ONTARIO Save As Clear All Print POWER.AUTHORITY ;. . .. TEMPLATE: MUNICIPAL f nlU]NCIL SUPPORT PESO!'ITION (Section 5.1(g)(i)of the FIT Rules,Version 3.0) Resolution NO: Date: [WHEREAS] capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules,Version 3.0. [AND WHEREAS] 2387276 Ontario Ltd. (the "Applicant") proposes to construct and operate a Rooftop Solar Facility (the "Project") on 8299-8251 Dock Street (the "Lands") in Niagara Falls, ON under the Province's FIT Program; [AND WHEREAS]the Applicant has requested that Council of City of Niagara Falls indicate by resolution Council's support for the construction and operation of the Project on the Property; [AND WHEREAS], pursuant to the FIT Rules,Version 3.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; [NOW THEREFORE BE IT RESOLVED THAT]: Council of the City of Niagara Falls supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Title: Title: (signature lines for elected representatives.) FIT reference number: (The reference number must be inserted by the Applicant in order for the resolution to comply with the NT rules,even where Local Municipal letterhead is used_This is not to be inserted by the Local Municipality.) Oct 2013 Page 1 of 1 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 80-114 is amended by deleting Schedule"A"and Schedule"A" attached hereto shall be inserted in lieu thereof. 2. By-law No. 80-114 is amended by adding Schedule "B-81" attached hereto. Passed this twelfth day of November, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 12, 2013. Second Reading: November 12, 2013. Third Reading: November 12, 2013. SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Thorold Stone Mall 6161 Thorold Stone Road Schedule "B-1" Stamford Green Plaza Portage Road Schedule "B-2" Town & Country Plaza 3648 Portage Road Schedule "B-3" Drummond Square Drummond Road Schedule "B-4" Towers Plaza Morrison Street Schedule "B-5" Lundy's Lane Plaza 6460 Lundy's Lane Schedule "B-6" Niagara Square 7555 Montrose Road Schedule "B-7" Finbows Plaza 6734 Lundy's Lane Schedule "B-8" Electronic Supermarket 6282 Lundy's Lane Schedule "B-9" Southway Plaza Drummond and Dunn Schedule "B-10" Skylon Tower 5200 Robinson Street Schedule "B-11" Pyramid Place 5400 Robinson Street Schedule "8-12" Maple Leaf Village Falls Avenue (Oneida Lane) Schedule "B-13" Canadian Tire 6840 McLeod Road Schedule "B-14" Y.M.C.A. 4261 Fourth Avenue Schedule "8-15" Summerlea Acres 6767 Thorold Stone Road Schedule "B-16" Stamford Collegiate Drummond Road and Leonard Schedule "B-17" Avenue Victoria Meadows Townhomes Monastery Drive Schedule "B-18" Niagara South Condominium Kalar Road and Coventry Road Schedule "B-19" Corporation No. 21 YWCA Residential Complex Ailanthus Avenue Schedule "B-20" Niagara Crossing Factory Oakwood Drive Schedule "B-21" Stores St. Paul Driving Range St. Paul Avenue Schedule "B-22" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brockway Business Centre Montrose and Thorold Stone Schedule "B-23" Roads Niagara South Condominium 5100 Dorchester Road Schedule "B-24" No. 28 Niagara South Condominium 5150 Dorchester Road Schedule "B-25" No. 19 Brookside Village Co-Operative 8175 McLeod Road Schedule "B-26" Homes Inc. Niagara South Condominium 4230 Meadowvale Drive Schedule "B-27" Plan No. 43 Factor Forms Niagara Ltd. 8481 Earl Thomas Avenue Schedule "B-28" Zehrs Markets Morrison Street and Dorchester Schedule "B-29" Road Ameri-Cana Resort 8444 Lundy's Lane Schedule "3-30" Niagara South Condominium 3955 Portage Road Schedule "3-31" Corporation #2 Kingsbridge Village 3516 Main Street Schedule "B-32" Non-Profit Housing Corporation 8055 McLeod Road and 8065 Schedule "B-33" McLeod Road Pine Meadows Builders 5088 Drummond Road Schedule "B-34" Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Mewburn Road Schedule "B-35" Development Niagara South Condominium 6453 Colborne Street and Schedule "B-36" Corporation No. 1 6476 Huggins Street Edscha of Canada 5795 Don Murie Street Schedule "3-37" First Professional Management 7190 Morrison Street Schedule "B-38" Inc. COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Orchard Grove Estates Magnolia Drive Schedule "B-39" Extension Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 - 51 Econo Lodge Hotel 7514 Lundy's Lane Schedule "8-40" Montrose Gardens Montrose Road Schedule "B-41" Orlando Drive Condominium 3797 Orlando Drive Schedule "B-42" Micron Installations 6501 Kister Road Schedule "B-43" Rosemount Condominium Montrose Road Schedule "8-44" Mount Carmel Centre Montrose Road Schedule "B-45" Great Lodge Resort Victoria Avenue at Leader Schedule "B-46" Lane Burnfield Lane Condominium 3241 Montrose Road Schedule "B-47" Niagara South Condominium 5200 Dorchester Road Schedule "B-48" Niagara South Condominium 7001 Casey Street Schedule "B-49" Corp. #42 Niagara South Condominium 2684 Mewburn Road Schedule '8-50" Corp. #57 Promenade Condominiums 3300 Montrose Road Schedule "B-51" Home Depot 7190 Morrison Street Schedule "B-52" The Courtyard at Meadow 8142 Costabile Drive Schedule "B-53" Creek Falls Masonry Ltd. 5595 Drummond Road Schedule "B-54" Townhouse Condominiums Feliciano Pingue 6012 Frontenac Street Schedule "B-55" Proposed Condominium Feliciano Pingue 6430 Montrose Road Schedule "B-56" Proposed Condominium COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Canada One Factory Outlet 7500 Lundy's Lane Schedule "B-57" Mall Niagara South Condominium 3322 Addison Street Schedule "B-58" Corporation No. 4 - Park Royal Niagara Catholic District 3900 Kalar Road Schedule "B-59" School Board - West Niagara Falls Catholic Elementary School Secord Mills 8918 Sodom Road Schedule "3-60" Modern Landfill Inc. 2025 Fruitbelt Parkway Schedule "B-61" Ashton Heights Condominium Drummond Road and Murray Schedule "B-62" Street Courtyard Apartments 4658 Drummond Road Schedule "B-63" MacBain Community Centre 7150 Montrose Road Schedule "B-64" Victoria Park Towers 6521 Drummond Road Schedule "B-65" Imperial Towers 6563 Drummond Road Schedule "B-66" 6390 Huggins Apartments and 6390 and 6400 Huggins Street Schedule "B-67" 6400 Huggins Apartments Rock Spring Gardens 6334 Desanka Avenue Schedule "B-68" Condominium West Meadow Phase II 4399 Montrose Road Schedule "B-69" Delphina Gardens 6753 O'Neil Street Schedule "B-70" Adeline Apartments 6420 Montrose Road Schedule "3-71" Panoramic Properties Inc. 7591 Scholfield Road Schedule "B-72" 1251549 Ontario Limited and 6167-6175-6181 Dorchester Schedule "B-73" 623381 Ontario Inc. Road Condominium Omada Homes Inc. 6928 Ailanthus Avenue Schedule "B-74" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brighton Condominiums 3915 Portage Road Schedule "8-75" Thundering Waters 6000 Marineland Parkway Schedule "B-76" Condominiums Langendoen Homes Ltd. - 2634 St. Paul Avenue Schedule "B-77" Meadowcreek Homes Marken Homes 9440 Eagle Ridge Drive Schedule "B-78" Weinbrenner Place Inc. 3401 - 3421 Weinbrenner Schedule "B-79" Road Niagara South Standard 6263 Valley Way Schedule "B-80" Condominium Corporation No. 104 (Valley Way Townhomes) The Bonnengton Apartments 4218 Portage Road Schedule "B-81" _ 1. o To 0 0 _ V 3 - Q_. 4 I, , LL 0 I 7 o z + WA I iI C U U S 2 1 u u k ; Ii o 1 z I 6 v }} mr -I i s. ' u I p�eWaY _ Nyc - w� 9 e Ra LLsa r^ , porta Z 7 'r f-1a l T.5 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize the execution of an Extension Agreement with Norm Armitage Receiver/Manager respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement made between Norm Armitage Receiver/Manager and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 5534 Stanley Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seat thereto and to deliver the said Agreement. Passed this twelfth day of November, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 12, 2013 Second Reading: November 12, 2013 Third Reading November 12, 2013 EXTENSION AGREEMENT THIS AGREEMENT made this 12th day of November, 2013. BETWEEN: The Corporation of the City of Niagara Falls (Hereinafter called the "Corporation") OF THE FIRST PART; - and - 1331207 Ontario Inc. (Hereinafter called the "Owner") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the City of Niagara Falls Described in Schedule"A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 31"day of December, 2011 in the amount of$327,318.96 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 15`1' day of November 2012 in respect of the Owner's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (I) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by-law authorize an extension agreement with the Owner of the land, in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub- section 379(1) of the Municipal Act, 2001; AND WHEREAS the execution of this agreement was authorized by by-law 2013- of the City of Niagara Falls; NOW THEREFORE TiliS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to November 9, 2014 the payment period for the cancellation price payable in respect of the hind. 2. The Owner will make payments to the Corporation in accordance with Schedule "B" attached hereto. I In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes levied on the land as they become due and payable during the term of this Agreement; and b. not later than 14 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any of the provisions of this Agreement, the Municipal Act. 2001 as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shalt be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner and any other person may at any time pay the balance of the cancellation price upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. If any paragraph or part of paragraphs in this Agreement is determined by a court or tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: Mr. Norman Armitage, CA DIRP do Crawford, Smith & Swallow 4741 Queen Street, Niagara Falls, Ontario L2E 2M2 and Sanrib Ishak (Sano) 4434 Stanley Avenue Niagara Falls, Ontario L2G 3X2 IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean Iorfida, City Clerk Signed at The City of Niagara Falls this 12th day of November, 2013. Witness Norman Armitage Receiver/Manager for 1331207 Ontario Inc. Schedule "A" DESCRIPTION OF TIIE LAND: LEGAL DESCRIPTION Plan 17 Lots 728 to 730 Plan 01 2628 Lot 742 Roll Number Property Location 2725 030 006154000000 5534 Stanley Avenue Niagara Falls, Ontario L2G 3X2 Schedule "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $100,000.00 - November 8, 2013 $127,000.00 - February 28, 2014 $127,000.00 -May 31, 2014 $127,000.00 - August 30, 2014 Balance in Full - November 29, 2014 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to designate Block 83, Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-009). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2009-51 to permit the erection of an on-street townhouse dwelling thereon; AND WHEREAS the owner of the said lands proposes to divide Block 83 initially into two parcels to permit the construction of two on-street townhouse dwellings and then further divide one parcel into four parcels and the other into five parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 83, Registered Plan 59M-388, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twelvth day of November, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 12, 2013 Second Reading: November 12, 2013 Third Reading: November 12, 2013 S:\PART LOT CONTROL\2013\PLC-009\PLC-2013-009 By-law.wpd 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 12`h day of November, 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 12th day of November, 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 twelfth day of November 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 12, 2013 Second Reading: November 12, 2013 Third Reading: November 12, 2013