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2002/08/01SPECIAL COUNCIL MEETING Thursday, August 1, 2002 Order of Business and Agenda Package SPECIAL PLANNING MEETING August 1, 2002 PRAYER: Alderman Ken Feren DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PLANNING MATTERS ITEM NO. 30 Public Meeting Official Plan & Zoning By-law Amendment Application AM-23/2002, 6700 Fallsview Boulevard Applicant: Niagara 21't Group Agent: Italia Gilberti, Solicitor Proposed Six-storey Addition to the Embassy Suites Hotel Background Material:'Report PD-2002-72 -AND- Correspondence from the Architectural Peer Review Panel -AND- Correspondence from the Regional Niagara, Planning & Development Department -2,- REGULAR COUNCIL DEPUTATIONS Ms. Tracy Stamp, of the Boathouse Restaurant wishes to address Council regarding her concerns over recent construction that adversely affected her business. MAYO~S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Niagara Food & Wine Classic - Re: Special Occasion Permit - requesting Council's support to allow for a Special Occasion Permit under Alcohol & Gaming Commission of Ontario requirements. -AND- Memo from the Clerk RECOMMENDATION: That the request be supported. The City of Port Colborne - Re: Nursing Program at Niagara College - requesting Council support a resolution to petition the Minister of Training, Colleges and Universities to reinstate the Nursing program at Niagara College. RECOMMENDATION: That the request be supported. The City of Welland - Re: Recruitment Barriers to Repatriate Ontario Trained and Educated Physicians - requesting Council support a resolution urging the Ontario Government to address the many issues restricting Ontario trained doctors to return to Ontario to practice medicine. RECOMMENDATION: That the request be supported. The Regional Niagara Public Health Department- Re: Niagara Dance Safety Guidelines - requesting that area municipalities formulate a local by-law to deal with all-night dance events in accordance with the Regional Niagara Public Health Department and Niagara Regional Police Service guidelines. RECOMMENDATION: That the request be referred to Staff. -3- Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. COMMUNITY SERVICES MATTERS REPORTS 1. Chief Administrative Officer MW-2002-99, Loan of Material Agreement with Environment Canada. 2. Chief Administrative Officer MW-2002-1 00, Tender #10-2002, New Equipment Purchases - Small Vehicles. PARKS, RECREATION & CULTURE MATTERS 1. Chief Administrative Officer R-2002-46, Proposed Skatepark Facility Analysis of Site Using CEPTED Principles RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS RESOLUTIONS That the Niagara Food & Wine Classic is a significant event that is deserving of City Council support. That the Council reaffirm its support of the sale of 4650 Montrose Road (Lots 14-16) and that the restrictions on the deed are no longer applicable. That the Council petition the Provincial government in opposition to the plan to hike fees at long-term care facilities. The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2002-133 2002-134 2002-135 2002-136 2002-137 -4- BY-LAWS To amend the City of Niagara Falls Official Plan. To designate the Copper Beech Tree as historical. To amend By-laws No. 79-200 and 2001-103 (Re: AM-23/2002, 6700 Fallsview Boulevard, Niagara 21~t Group). HANDOUT To amend By-law No. 79-200 (Re: AM-22/2002, 6563 Main Street, 5481 Dunn Street and 6546 Stanley Avenue, Helias Enterprises Limited). HANDOUT To adopt, ratify and confirm the actions of City Council at its meeting held on the l't day of August, 2002. NEW BUSINESS The City of N agara Fa s Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning @city.niagarafalls.on.ca Augus His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: 1,2002 Doug Darbyson Director PD-2002-72 Re: PD-2002-72, Official Plan & Zoning By-law Amendment Application AM-23/2002, 6700 Fallsview Boulevard Applicant: Niagara 21st Group Agent: Italia Gilberti, Solicitor Proposed Six-storey Addition to the Embassy Suites Hotel RECOMMENDATION: i ' 1) It is recommended that Council ccn;idcr t,~ ~p,>~t ~ff~t. he Architectural Pccr P. cvicw paiic.1 wE~ch co~tain~ advisnW recommendatinns wi~ ~espeet to the Enib~y S~itcs hotel ~p!!c~fi~nd thc 2) Should Council approve the Embassy Suites exp~si0n, it is reco~ended that ~e site pl~ a~eement for the development be altered to acc6~odate additional wind mitigation measures. 3) Should Co~cil endorse the ~R p~el suggestion tp unde~e a to.sm policy review, it is reco~ended that appropriate te~s of reference be prepped which would include Niagara Parks Commission input. PROPOSAL: Niagara 21 st Group has requested amendments to the Official to extend the height of the Embassy Suites hotel tower, loc Schedule 1), from the current approval of 30 storeys to 36 s Clerk's , Finance Working Together to Serve Our Human Resoumes · Information Systen Plan and Zoning By-law for a proposal ated at 6700 Fallsview Boulevard (see toreys. Community ,s · Legal Planning & Development August 1, 2002 ~ 2 - PD-2002-72 The land is currently designated Tourist Commercial in the Official Plan. The zoning is a site specific Tourist Commercial (TC-512, 562). Special provision 512 permits the current 30-storey height. Special provision 562 pemdts required parking for the hotel to be located off-site on lands located on Dunn Street, west of Stanley Avenue. The applicant is proposing to amend the Official Plan by adding a special policy and to amend the TC zoning site specifically to pemfit the 36-storey building height. SURROUNDING LAND USES: The subject land is surrounded to the north, south and west by hotel and restaurant developments notably Days Inn, the Minolta Tower and Marriott development and the Radisson Hotel. Immediately to the east is the CP Rail right-of-way and Portage Road; beyond this is Queen Victoria Park. CIRCULATION COMMENTS: Info,nation regarding these applications was circulated to City divisions, agencies and the public for comments. To date, no objections have been received. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. Historical Overview Applications to pemfit the development of the high-rise hotel tower were initially made in March 2000. The proponent applied for permission to construct a 32-storey tower. This application was approved, as recommended by staff, despite a lack of support fi:om the Architectural Peer Review (APR) panel. Part of the reasoning for staff's positive recommendation was the agreement of the applicant to limit the height of Marriott Phase 2 to 13 storeys in order to help preserve the icon status of the Minolta Tower. These applications were appealed to the Board by the Niagara Parks Commission (NPC) and by Helias Enterprises. The appeal by the NPC was withdrawn at~er the applicant and the NPC achieved a compromise where the tower would be modified by reducing the height to 30 storeys, massing being reduced and the resolution of the other matters including traffic impacts, sun/shadow and wind impacts and streetscaping. The Helias appeal was dismissed by the Board. In October 2001, Niagara 21st made application to amend the site plan agreement in order to obtain permission to change the exterior design and roof design of the building. Due to the extent of the design alterations, the NPC again raised concerns due to the potential impact on the skyline above Queen Victoria Park. The design was modified several times before a compromise was reached between the applicant, the APR panel and the NPC. August 1, 2002 - 3 - PD-2002-72 The Embassy Suites hotel is currently being constructed in accordance with the height, massing and architectural Ireatments which have been agreed to by Council and the various parties. The subject application proposes a further change to the height and massing of the building. 2. Official Plan Amendment Requirements for Exceeding the 30-storey Height Limit The City's Official Plan establishes a 30-storey height limit for high rise buildings in the tourist core. Policy 4.6.11 sets out the basis for considering applications for height increases in excess of 30 storeys. 4.6.11 Applications will be considered for Official Plan amendments for proposed developments in excess of the 30-storey height limit set out in this Plan. The amendment application shall be supported by one or more reports prepared by a professional urban designer, land use planner or architect in order to address the manner in which the proposed development, at a defined building height, will maintain the built form objectives set out in policies 4.1.23 and 4.1.24. Further, such a report or reports shall demonstrate that no significant adverse impacts will be created because of the proposed development and its additional height. Issues to be addressed shall include extensive shadowing on residential areas, public street and green spaces, encroachments on the views of the Falls or other landowners and the creation of severe wind impacts at street level. In keeping with policy 4.6.11, a report was submitted by Bregman and Hamann Architects to support the application for an additional six (6) storeys to the Embassy Suites hotel. The report suggests that the proposal will add distinct and interesting features to the City's skyline and will assist in defining the Minolta Tower as one of the three viewing towers. The architects contend that the addition of six (6) floors will improve massing of the new building, creating a more slender, elegant structure when seen fi:om Queen Victoria Park. In accordance with Council's procedural policies, the proposed application, together with the Bregman and Hamann report, were forwarded to the Architectural Peer Review panel for consideration. The Panel's assessment of the application is described in the next section of this report. 3. Peer Review Assessment The report of the Architectural Peer Review panel is set out in Appendix I. A supplementary letter elaborating on various points is set out in Appendix 11. While the panel agrees with the general contention that taller buildings appear thinner and more elegant, they do not agree that Bregxnan and Hamann have demonstrated compliance with the built form objectives of the Official Plan. The policies of the Official Plan were designed to promote high quality developments which complement and enhance the public realm. The additional height and mass proposed exceed what was envisioned in the Official Plan, in the panel's opinion, for buildings positioned near August 1, 2002 - 4 - PD-2002-72 the edge of the escarpment. The escarpment edge is particularly sensitive to additional building mass. Buildings set further back would have a lesser impact from the Parkway promenade. From a public realm perspective, the panel finds that the proposal would not benefit or enhance the public realm. The micro climate impacts of the project would increase because of greater downdrafts and longer shadows with no public benefit or public realm improvements being offered to offset the negative effects of the additional height. The panel is recommending the denial of the application as the project would not be in compliance with the objectives of the Official Plan as required in policy 4.6.11. 4. Tourism Policy Review Recently, Council requested a review of the high-rise guidelines in light of the approval of the application by Orsini Bros. Inns. Inresponse to this request, staffissuedreport PD-2002- 54 which recommended that the guidelines be maintained. While Council adopted the report's recommendation to maintain the status quo, the issue of a review of the City's tourism policies has come up again, this time by the APR panel. The APR report contains a post script which suggests that a special review may be appropriate to examine how the system is working vis-a-vis the intentions expressed in TADS and OPA No. 26. Several questions have been raised for Council's consideration and there may very well be others. In light of the panel's comments with respect to undertaking a review and the relevance of same to the Embassy Suites application, Council should decide on both matters. For this reason, the panel's recommendations for both the Embassy Suites project and the tourism policy review have been placed before Council. 5. Staff Comments The Architectural Peer Review panel is charged with the responsibility of advising Council on the appropriateness of development applications having regard to the specific objectives and policies which have been adopted by Council to guide development. When it is the express purpose of the Official Plan to ensure that high-rise buildings do not overwhelm the public realm, particularly at the escarpment edge, to preserve the integrity of the three viewing towers and to reduce the massing and visual impact of buildings as they become taller, the panel is responsible to advise Council accordingly. The panel's opinion on the Embassy Suites expansion is based on the current policy structure. If Council wishes to approve developments, despite the established policies, then the policies should be reviewed as suggested by the Peer Review panel. Staffhad previously recommended against such a review because the policies had been successfully tested before the OMB and consensus on the Plan's objectives had only recently been achieved (OPA No. 26 was formally adopted by the Region on May 30, 2000). Notwithstanding staffs recommendation, the APR panel has posed some very pertinent questions which should be addressed by Council so that appropriate direction is given~ August 1, 2002 - 5 - PD-2002-72 CONCLUSION: In conclusion, it is recommended that Council consider the report and recommendations of the Peer Review panel with respect to the Embassy Suites hotel expansion and the suggestion for a tourism policy review, having regard to the questions contained in their report. Should Council approve the Embassy Suites project, staff recommends the Site Plan agreement for the development be altered to accommodate additional wind mitigation measures as noted in the updated wind study report. Should Council endorse the APR panel suggestion to undertake a tourism policy review, staff recommends the preparation of an appropriate terms of reference and to include the Niagara Parks Commission as a party to same. Planner 2 Respectfully submitted: and Doug Darbyson Director of Planning & Devleopment Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. SSPDRX2002~PD2002-72, AM23-2002 Niagara2 lGroup, FallsviewBIvd.wpd SCHEDULE 1 LOCATION MAP Subject Property Amending Official Plan & Zoning By-law No. 79-200 6700 Oakes Drive AM- 23 / 2002 Applicant: Niagara 21 st GroUp J THE RI MOTgL LD Kllil(IAND PAflTNERSHIP C. A R C H I T E C T APPENDIX Mr. Doug A. Darbyson Director, Planning & Development Depadmenl The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falb, ontario L2E 6X5 Dear Mr. Darbyson: Re: EMBAGSY SUITES HEIGHT INCREASE Niagara Falls, Ontado July 10, 2002 Project No.: 01-2564 File No.: 1.1.1 P~e 1 of 3 Via Fax: (905) 356-2354 On June 27~, lhe Client and architects for Embassy Suites presented it's revised ,submissla~ precosal ~ application for UP amendments Io the Peer Review PaneL The purpose of the presenlalion was b provide the pand The proposal enlals the addition of height to the building previously approved by Oily Council and under conslmclbn curmnlly, from lhe approved 30 sl~rey height io 36 storeys. The latter number bebg a match wilh the height approved by Council, but rejected by the ~ Peer Review Panel, for the Sheraton Hotel. The architect gave an explanation of how ex~.-a height would improve, in his view, the propo~s of Ihe b:~wer making it less 'squat' and more elegant in ils thickness to height ratio. He further contended Ihat lhe negative micro dimate effects of the additbnal height would be minimal. He stated lhat the exlm height was not necessitated eider by economic dislmss or a mad~effng d'L,~.aclvant~e v/s a ~ the Sheraton. History · The pmjeet has gone through various permutations and ultimately approved by City Coundl wilhout Peer Review supporL The design of lhe main tower as a Ritz Hold was a male~al inducement for support by bolh Council and the Niagara Pad(s Commission. The Peer Review Panel also supported the design of the tower but could not accept the height of the connecling strudure lo lhe soulh, which was viewed as producing the wall effect restricled by TADS and UP 26. Subsequently, lhe Rilz appelalion was dropped, and the hotel Io be developed was revised to lhe standard of Embassy Suites. This resulted in a re-application for the design of the lower 1o a lesser standard reflecting a 22:5 Richmond Slreet West, Suite 500, Toronto, Ontario MSV lW2 TeJ: (416) 971-8880 Fax: (416) 977-1327 e-mail: kirkland@islar.ca THE KIRKIAN INC. ARCHITECTURE D PARTNERSHIP PtANNING URBAN Of SIGN July 10, 2002 Project No.: 01-2564 File No.: 1.1.1 15'a{~e 2 of 3 change in style and quality. These changes were ascented to by Ihe Peer Review committee and adopled by Council, with regreL This change resulted in a reducl~ in cost to lhe developer. The new applicalion consflu~ a substanlJal bcrease in value to Ihe developer. The only explana~a offered is Ihat Ihe lowers pmporlbas are Peer Review Opinion The appl~calion is danled for Ihe folowing masons: Buikling fonTatbn As perceived from Ningara Parkway and Ihe Ame~n side ~e projed consflu~ an unacceplabie add'~don to Ihe formalion of built fom~ as defined in OP 26, Since ff~e already approved building formalion exceeds that envisioned in lhe Offidal Ran, exlm bui~ form is escarpmenL Precedent Since no parlicular hadship or special condilion was.offered as an explanalion for lhe exlm height ra:luasled, acquiescence 1o Ihe application would, h our opinion, create an efieclive de faclo change in the height limit under OP 26. Eve~/subsequent applicalion could make equily argumonb to jus~ height 1o at leas136 storeys. Tower Elegance The proponent's architect arguee lhat lhe elegance of the ~'lding as a lower b Improved by a higher proporlbn of height Io widlh. A laller building is thinner and more slender and in his view mom elegant ~han a shoder building, in this case we cor,~r, although height is only ore padicular ldnd of elegance. The difficulty wilh fib argument is fiat the prolx)nanls eslablished Ihe width of fie budding, not lhe City of Niagaa Falls. A building less thick at flirty storeys tall could be as slender, proporlionat~, or mom slender than lhe new proposal. Taller buildings of a certain width are always more slender Ihan less buildings. This is an insubstantial basis for extra heEjht under OP 26 and if accepted invites applications on the same basis for all future tall building pmjecls. The Panel views the application for additional height for a building under conslmclion at a fixed widlh, as procedurally problematical. THE KIRKLAND PAflTNERSItIP IN C. AIC II ITE CTU I. E I~LA H K I N G U I~BA H DESIGN July 10, 2002 Project No.: 01-2564 File..No..: 1.L1 Page 3 of 3 Post Sc~t Reference was made in lhe presentation 1o the Sheraton's height of 36 slomys. Does Ihat height, approved by Cou~'l, without spedal conditbn justir~aEm, now consflule a precedent for future applical~)ns? It may be al~te, given Iho number of new 30 storey appica~ to convene a spedal review of how ~ system is woddng v/s a vis ~ inlenlions e~essed b TADS and OP 2& Queslions of inta-est might include: Do lhe matlers being addressed Ihrough OP 26 remain impo~a~t to ~e development of Niagara Fails? Ne Ihe right ~hings being controlled? . Is OP 26 an effedk, e ~ma~ Jn assu~ng the ambilE~ of TADS? · Should exlra height be entertained by lhe City? Should a clew~nt charge be insauted for hebht? We would suggest that a special group be insliluted, including repmsenla~3n by Ufoan Strategies, consultants for lho o~inal TADS sludy, to advise Council on Iho slate of affairs given Ihe early years of operalJon of developmenl appr~ns under OP 26. Youls Italy, Trevor Ga,wood-Jones, Garwood Jones and Hanham Ardlilects Jamie Douglas, City of Niagara Falls J. Michael Kirkland, M.Arch, FRAIC, OAA, NCARB, The Kirkland Partnership Chair APPENDIX B Mr. Doug A. Darbyson Director, Planning & Development Department The City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontado L2E 6X5 Via Fax: (905) 356-2354 Dear Mr. Darbyson: Re: .EMBASSY SUITES HEIGHT INCREASE SUPPLEMENTARY REPORT Niagara Falls, Ontado I am writing to elaborate on certain points for which you have sought clarification. Skyline Characterization The Embassy Suites hotel, as approved by Council, already exceeds the City's intention as limited by O.P 26. This is especially difficult in the case for Embassy Suites because: · The existing tower and hotel on it's own site constitute substantial mass. · The City has pe[mitted excessive height in the "podium' building immediately south of the intended development. · A new hotel is being constructed immediately to the north across Portage~ · Embassy Suites is close to the escarpment edge and immediately opposite Horseshoe Falls. By definition the building mass and resultant sky obstruction are unacceptable given the express standards of O.P. 26. Additional mass aggravates the problem. Furthermore O.P. 26 requires: 4.1.24.f "All applicants for additional building height will be treated on a quid pro quo basis wherein the developer agrees to provide public realm improvements;..." Although a number of possibilities exist none have been agreed to. Embassy Suites, could, for example, be called upon to make a disproportionate financial commitment to Portage Prospect, a project which greatly benefits them and would constitute a form of amelioration. If a development charge existed for all suites deemed acceptable above the 30 storey height a considerable offsetting benefit would exist. Development charges in the $20,000/suite range, are being contemplated on the Toronto Waterfront. Such charges should only be accepted where a clear public realm benefit can be realized contiguous to a development and which mitigates impacts .....RECEIVED~ ..... ' ......~ JUl. 1 9 201}[ PLANNING DEVELOPMENT It should be noted that from Niagara Parkway, and Particularly the Amedcan side, restrictions on high level building bulk would seem to be the precise Objective of O.P. 26 Massing Because the building mass is situated near the escarpment edge it is particularly sensitive. If the building were situated 250 - 500metres back it would have a lesser impact from the Parkway promenade. An extra 6 storeys in the proposed position is problematical not just because of a consideration of height, but because it constitutes mass above 15 storeys and therefore sky exposure blockage. In this sense, sky not seen is the damaging obverse of building massing. Protection of the Public Realm The micro climate impacts of the scheme are increased since: · Downdrafts are a function of building height · A taller building casts a linger shadow Again, what is the public benefit for the public realm being offered, which would offset the negative effects of the additional height. In the end the negative impacts of the proposal are clear; the benefits to the public are dubious or non-existent. As stated in the Peer Review Report the proponents make no case for exceptional height, not applicable to any site in the tourist area disMct.. Yours lruly, THE KIRKLAND PARTNERSHIP INC. J. Michael Kirkland, M.Arch, FRAIC, OAA, NCARB Chair Peer Review Panel JMK/mt PLANNING DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan~regional.niagara.on,ca July 29, 2002 Files: D.10 M.11.21 D.10 M,~ 1.22 Mr. Doug Darbyson Director of Planning and Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Fails, Ontario L2E 6X5 Dear Mr. Darbyson: Re: Official Plan and Zoning By-Law Amendment Application AM-2312002 Embassy Suites Hotel 6700 Fallsvlew Boulevard at Portage Road City of Nia.qara Falls These applications seek permission to add a further 6 'storeys to the 30 storey Embassy Suites Hotel currently being constructed at the comer of Portage Road and Fallsview Boulevard. The ~mendment would pe[--~it the building to increase in height from 96.5 metres to a maximum of 117 metres. The application will be dealt with expeditiously by Regional Niagara. Following the expected consideration of the Amendment by City Council on August 1st the Amendment will be dealt with at the August 14~ meeting of Regional Planning Services Committee. Reqional Planning Comments The development of the Ci~s Tourism Area is a matter of local, Regional, prOVincial and, even, national and international interest. The Falls, the Gorge and the surrOunding parklands are an important part of our heritage. Niagara Falls is a major international tourist attraction, bdnging large numbers of visitors to Niagara from across North America and around the world. The view of the Falls and the picturesque parkland setting around it are central to the City's ~ppeal as a tourist attraction. In the mid 1990s the City recognized that it was at a pivotal point in its tourism development. The establishment of Casino Niagara had generated an unprecedented level of development activity. The City recognized that it had the opportunity to create a tourist destination that would compete in quality with the best in the world. The City had the foresight to commission the Toudsm Area Development Strategy (TADS) to provide a long tetii~ vision and'master plan for toudsm development. The Development Strategy was designed to make Niagara Falls a world, class tourism destination through streetscaping improvements, beautification and policies to promote .high quality development while preserving the natural beauty of the Falls and surrounding parkland. The City drew on the TADS study to develop good policies to guide private development and public sector investment. These policies were supported by Regional Plann!ng staff and incorp, orated in the City's Official Pian. The preservation of the natural setting around the Falls and of the views from Victoria Park and the U.S. side of the River were central' to the City's development strategy. The Plan also was directed at ensuring that future development enhanced the attractiveness of the tourist environment and promoted pedestrian-friendly streetscapes and public spaces. Recognizing this, Regional Planning staff have the following concems with the proposed Amendment: 1. Policy 4.1.23 in the City's Official Plan states that the skyline shall continue to be characterized by the three viev;,ing towers (the Minolta, the Skylon and the Casino/Oneida Tower). New high-rise buildings are to be of variable heights and mass and shall not form a continuous wall · when viewed from Victoria Park, the U.S. side or the City of Niagara Falls. The Embassy Suites Hotel currently under construction is already 11.5 metres taller than the neighbouring Minolta Tower. This Amendment, if approved,- would permit a hotel 32 metres (105 feet) greater in height than the Minolta Tower. 2. The Official Plan restricts building height in the Tourist Area to 4 storeys. Additional building heights may be permitted if the development meets ceilain criteria. The Plan, however, establishes t3 to 30 storeys as the parameters for building height in the area where the Embassy Suites site is located. The Amendment would pem~it a structure 6 storeys (20%) higher than the maximum envisioned in the TADS study and the City's Official Plan. 3. Under Policy 4.4.7 in the City's Official Plan building mass is to be reduced above the podium level and again above the 15 storey level so that no single building dominates the skyline and so that high-rise development does not overwhelm the streetscape. The building now under construction is stepped back only 10 metres above the 15 storey level, significantly less than the 20 metres ihtended in the Official Plan. The visual impact of this step back in te,~s of reducing building mass IS marginal and does not appear to achieve the intent of the Official Plan or the TADS. The proposed addition of a further 6 storeys would create an even more massive structure and represent a further departure from the intent of the City's Official Plan. r/U~- 11:55 FAX 905 641 520~ REC NIAGARA PLANNING 3 NIAGARA FALLS OO4 4. No special cimumstances or planning considerations have been put forward to warrent-appmval of an increase in height in this case. Thus approval of this Amendment could be pointed to by other applicants as a precedent and serve to unde,~ine the overall master plan for the development of the tourist area. Conclusion Regional staff already have advised the applicant's solicitor that this Amendment would not qualify for exemption from Regional approval. The City's tourism policies are designed to create a high quality tourism environment that will compete with the best in the world. Its success in Implementing these policies is of importance not just to the City but to Niagara as a whole for it will affect the development of tourism throughout the Region. It is the incremental decisions that are made, one by one, on individual development applications that will determine whether the City's vision for tourism development, as outlined in TADS and the Official Plan, becomes a reality. Regional Planning staff are concerned that the proposed Amendment is not in keeping with the intent of the Official Plan and may be used as a precedent, undermining the City's efforts to protect the natural setting and view around the Falls and create an attractive, pedestrian-friendly streetscape. Yours truly, Ci Councillor Bill Smeaton Italia Gilberti, Broderick & partners, 4625 Ontado Ave., Niagara Falls L2E '~P8 HI~IG. FI:ILLS CLERKS '02 O?2_q 15:i6 The Niagara Parks Commission P,O, Box 1~, Niagara Fails, Ontario, Canada L2E 617. Web She: www, niagarap~rks.com Ontario Brian E. Merrett ~n~irmu. John Kernahan John Kemahan Direct: Phone; 905/35§-2241 Fax: 905/354,6041 E-Mail: ike~'nahn @. nia,q araoarks ,co m July 25, 2002 Mr. Doug Darbyson planning Depaa'tment City of Niagara Falls P.O. Box 1023 Niagara Fails, ON L2E 6X5 Dear Doug: RE: Peer Renew for Embassy Suites I have just received a copy of the Peer Review submitted to you ander the date of July 19, 2002. /fi understand the writer's intent it would seem that their view is simply the approved build~g design does not comply with thc Official Plan so adcling an additional six stories only further exacerbates the situation. The suggestion to ex~xaet monies for another project as a quid pro quo is something that I think you would want to consider very carefully. Eve~ if appropriate I would think that the Embassy Suites would be i~cli~ed to participate financially in the Portage Prospect in any event therefore making a required contribution unnecessary. Add to tlxis the possible conflict of interest of Mr. Kirldand who is likely to be the Project Manager for the Portage Prospect should it proceed. The bottom line is that I would suggest some other contribution if it is dete, a~ined that this would mitigate the harm done by adding an additional six floors. Persovzlly I believe the addition of six floors is inspired by the approval received by the Sheraton under very different circumstances- I don't see how it possibly enhances ~eir building and I'm fairly certain the Commission will see it the same way if and when it is submitted to them. I'm not certain what the process is from this point forward. If you're going to meet with the proponent to discuss the Peer Review I would be happy to attend or to have one of my staff members attend in my place. Let me lmow where we go from here. Yours truly, JI~c General Manager cc: N. Murphy D. Gillis Niagara ine&F00d Classic 5515 Stanley Avenue Niagara Falls, ON Canada L2G 3X4 Tel. 905-356-6061 Toll-Free 1-800-563-2557 Fax 905-356-5567 events@niagarafallstou rism.com www. Discover Niaga fa.corn e;r 'cieAee t. IIR~ FRLL$ CLF_RK.S'02 O?lO July 5, 2002 Clerk's Department City Hall, City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Sir or Madame, This letter is to bring to your attention the intent of Niagara Falls Tourism, to have an outdoor event September 13-September 15, 2002, in Queen Victoria Park, Niagara Falls. ']WIs event will be an international celebration of wine, and complimented by chef prepared food tastings, at various times, throughout the operation hours of: September 13-9:00am- 11:00pm September 14-9:00am-11:00pm September 15-9:00am-11:00pm. We will be applying for a Special Occasion Permit for our enclosed area, and in accordance with their regulations, we respectfully request a letter acknowledging our notice to you, and acceptance by you. Should you need any. further information or clarification, please call me at 905-356-6061 xt. 40, Monday to Friday, 8:30am to 4:30pm. Sincerely, Pam Seabrook NIAGARA~[1~ FALLS O NI O Clerk's Department Inter-Departmental Memorandum To: Mayor Wayne Thomson Date: & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Special Occasion Permit- Niagara Wine & Food Classic The Ciht of Niagara Falls JJ~JlJ ' August 1, 2002 Niagara Falls Tourism is holding an international celebration of wine, which will be complemented by food tastings and celebrity cooking demonstrations. Ming Tsai, from the Food Network, will be the featured chef. For Niagara Falls Tourism to receive a Special Occasion Permit, a municipal resolution must be passed designating the Niagara Wine & Food Classic as a significant event. Significant Events (Sale) A Significant Event is an event of municipal, provincial, national or international si/Ffiflcance. Sign/ficant events ofmun/cipal si~nificanoe must be designated as such by thc mun/cipal council. A municipal resolution to that effect mu~t be ' included ~ the permit appl/catien. Council's support is respectfully requested. Wor~ng Tooe~er to Serve Oar Commanit~ t-Iil~, F~LL.S CLERKS'(~. O?J.i 1067 CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colborne, Ontario' L3K 3C8 OFFICE OF THE DIRECTOR OF COMMUNITY & CORPORATE SERVICES July 10, 2002 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Mr. Iorflda: Re: Nursing Program - Niagara College The Council of the City of Port Colborne approved the following resolution at its meeting held on June 24th, 2002 and requests that this resolution be presented to your Council for consideration and endorsement: That, due to the current shortage of registered nurses in the Niagara Region, the Council of the City of Port Colborne petition the Minister of Training, Colleges and Universities to reinstate the Nursing Program at Niagara College. And further, that this resolution be forwarded to the Regional Municipality of Niagara, all of the area municipalities and to Tim Hudak, M.P.P. for support and to Dan Patterson, President of Niagara College, for information. The support of your Council respecting this issue would be much appreciated. Yours truly, Janet Beckett City Clerk Telephone: (905) 835-2900 E-Mail: dccs@portcolborne.com Fax: (905) 834-5746 e?/19/ez zz:zs:4e EST; ASSOClalIO~ OF?-> JUL-J9-02 FR] 03:45 PM 260 9B5 356 9083 CLERg-~ia§ara Falls ?a§e ~02 P. -~.0' ? '.. ,' ! ~elhmd R~sohttion: TI I^T. thc Government of Ontario be urgcd to address the many and various issues rcstricting Ontario trained doctor~ to relunt to Onlarjo to prnctico stemming t~om limitalions in: current legislation; membc~hip in medics] associations; and thc current [mmber of doctors in thc health syslcm; and TI IAT Ibis res-lutJon be circulalod to all Ontario municipalities tbr endorsement, ~a. cltl?rot~nd: RecrttHtaettt Barriers to Repatria/a O#tarlo '1 ratned anti Educated Ph ySt~'ttttl.~ Thc Wellartd M~dical Recruitment Committee is currently working to repatriate an Ontario trained doctor to Wclhm(I, as recommended by OMA's "A Position Paper on Physician Work£orce Policy and Plmming", released April 22, 2002 as well as the McKendry Report 1999. ' Jt is iml,Orlant to note here that the physician which tho Commitlee has bccn working with was trained in ~m Ontario univemity and practiced Family Mediciae in Ontario before he left to prat:~ce in the United States. Even though this physician h~s dfis background~ the currant system makes it extremely difficult to gain reent~ to tho provincial system. I lere is a summary of what has been done to date: Started Ihe process in Januat~ 2002 The College of Physicians and Surgeons oF Ontario (COPS) informed us we needed to conlact the College of l:amily Physicians of Canada, also known as Canadimi Collcg0 of Family Physicians (CCFP), as any doctor wanting to practice Family Medicine/General Practice in Ontario ncod~ Ids/her CCFP. CCFP i~questcd intormalion to determine eligibility ExmnJnations am oFFered only twice/year May anti October Information was received by CCFP and eligibility met, A mdicenscd physician needs to complete a throe monlh research project called Pearls (¥rfification. The reseamh project must be done prior to sitting the exam. 2l~e doctor missed the May cut off'and is now wailing to write the October 2002 exam. Despite the thct that Wcllm~d ia an under serviced area, there are no exceptions to fast track the exam date. An application for Independent Practice Ceflificate was requested to circumvent the CCFP. Tiffs npplicatJon is 24 pages wilh a $500.00 fee due at subn~ssion. The physician complelcs applicalion, pays fee and it is then presented before a review comnfiltee thut mcoIs approx. Cve~ 4 tO 6 weeks. The Review Commiltcc determines whether thc physician will bo heard and whether he/she will be issued thc Independent Practice Certificate (IPC). 87/19/8Z ZZ:16:16 EST; A$$OClflTIOH OF?-> JUL-19-02 FR] 03:46 PM 260 985 B56 9883 ELERK-Hiagara Falls Page 0fl9 F~× NO. 416 971 6191 P. 02/02 1[ IPC is not granted Ihcn the physician must wait until Oct. to sit exam/nc and after grading and licenses being issued, it will probably be December before tile physician is ready to proc{icc in our under serviced community ( 12 months). On May 31" 20{12. two members orthe Rccrultn~e,~t Committee met wilh Welland's local M PP, outlining what h:~s been {tone to d:~te, lie sent a letter to the MinJsh-y of Health reqt,esting a tne~ling with our Committee. In June 2002, a member of the Recruitment Committee met with a Governing MPP's office outlining what has been done to date. To dulc July 7~h 2002 - thc Conmliltcc has not received any response w/ih regards to mccthlg thc Ministry of I leallh or his Senior Advism,'s, the physician has given his notice where he is prncticing, tho physician has started the research project and preparing for the exam, no date ha~s bt;ca set to appear heR, re COPS for thc IPC. As yc, u can see this process is clearly time consuming, costly ($885 for Pearls Certificatiom $223 for Cr:FP membershiP, $1275 for sitting CCFP exam. $500 for application oflPC non mfimdablc), and very fi'uslrating. It should be coted that Ontario is the only province in Canada that stipulates a CCFP is required belbre iht physician may practice. Ill 1994 the government al that time lblt Ontario had a surplus orphysicians and implemented this in order to reduce the number of physicians practicing in Ontario. Any phy.sicians ~vlm graduated prior to 1994 were not required to have CCFP, if they chose to become members of CCF?, they were "grtmdparented". If this particular physician wanted to pr.'~ctice ill nny olher province, i! would la:lye been a matter o£sending the completed applications ancl thcs. Tlicse issues arc out of control or{he co~nmunJty Recruitment Teams and should be addressed throngh [he political process. Thank you for the Oplmmmity to provide you with this infornmtion alld we invite all politicians lo suDport this Resolution to e~poditc thc licensing process for On{atto Physicians. We would ask mtmieipalities to endorse this resolution by writing lo the Premier of Ontario, Thc Honourable Ernic Eves; tho Minister ol'tlenlth ami Long-Term Care, The Honourable Tony Clement and your local member of the Ontario I,cgislatnre. NIA ° A July 23, 2002 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 PUBLIC HEALTH DEPARTMENT The Regional Municipality of Niagara Chronic Disease Prevention Division 573 Glenridge Avenue St. Cathadnes, Ontario L2T 4C2 www.regional.nia.qara.on.ca Telephone: 905-688-3762, Toll Free: 1-800-263-7248 Fax: 905-688-7024 E-mail address: iennifer, mitton~.re.~ional.niaclara.on.ca Re: Niagara Dance Safety Guidelines Dear Mr. Iorfida: Please find enclosed a copy of the Niagara Dance Safety Guidelines (NDSG) and a report to Regional Council, which was passed on February 25, 2002. The NDSG is a document intended to serve as a basis for bylaws developed at the level of the Municipality, under the new Municipal Act. The overarching goal of the Regional Niagara Public Health Department (RNPHD) and the Niagara Regional Police Service (NRPS) is to ensure the health and safety of the residents of the Niagara Region. In working toward that goal, the RNPHD and NRPS have worked together, in consultation with the Public Safety Division, Fire Departments, club owners, and experts from across the Province, in the development of the NDSG. Although some community members advocate for a banning of all-night dance events, best practices indicate that this policy option will be unsuccessful in reducing the potential harm associated with these events. Currently in our community, some young people do attend secretive events which often do not meet the necessary safety standards, or travel to parties outside of the Niagara Region, in large and unfamiliar urban centres. The literature tells us that banning all-night dance events will only worsen these potentially dangerous situations. We are requesting that each municipality in the Niagara Region receive the Niagara Dance Safety Guidelines and work with the RNPHD and NRPS in the development of a municipal bylaw regulating all night dance events. Thank you for taking the time to review the Niagara Dance Safety Guidelines and work with the RNPHD and NRPS to protect the well being of our youth. For further inf~,rmation,,,p.,le, ase contact, me at 905-688-3762 ext. 360. Jenr~r Mitton R.N., B.Sc.N. Substance Abuse Prevention Health Promoter Regional Niagara Public Health Department .,.Dedicated to achieving a Healthier Niagara Niagara Dance Safety Guidelines A Document to Improve the Safety of All-Night Dance Events Prepared by the Niagara Dance Safety Committee February 7; 2002 NIAGARA DANCE SAFETY GUIDELINES Background The growing popularity of electronic music and all-night dance events (including raves), has led many local communities to establish guidelines for safer dance environments. The Centre for Addiction and Mental Health (CMH) states that 19% of all Ontario students (about 173,500) reported attending a rave in 1999. Much of the concern over raves centers around drug use, especially MDMA, known as "ecstasy". Of those who reported attending a rave at least once during the past twelve months, 16% used the drag ecstasy (CAMH, 2000). While the use of ecstasy in association with raves has received much media attention, a cause-and-effect relationship can not be presumed. Furthermore, the CAMH reported no difference in drug use patterns between students who attended raves, and those who attended bush parties (Adlaf & Smart, 1997). A collaborative effort among community partners is required to address the community issue of safety at all-night dance events (including raves). These partners may include, but are not limited to, police and fire departments, ambulance services, hospital emergency wards, public health inspectors and health educators, club owners, rave promoters and liquor licensing representatives, as well as the public, parents, schools, patrons and politicians. Networking with the above community partners will help to ensure safer all-night dance events. The Niagara Dance Safety Committee (NDSC) was formed in June, 2000 in response to growing local concern regarding all-night dance events (including raves). The committee, representing a partnership between the Niagara Regional Police Service (NRPS) and the Regional Niagara Public Health Department (RNPHD), has developed the Niagara Dance Safety Guidelines (NDSG). PUrpose The purpose of the NDSG is to address the recommendations of the Provincial Coroner's Inquest Touching the Death of Allen Ho (Appendix A), and improve the safety of local all-night dance events (including raves). The NDSG have been developed in order to address two types of "all-night dance events", (1) raves and (2) after-hours dance clubs. A rave may be de£med as "a public, all-ages, commercial, electronic music event, using audio-visual effects and held in a special event venue attended by ticket-holders" (Toronto Dance Safety Committee, 2000). These raves extend into hours when other entertainment venues are closed. An after-hours dance club may be defined as a venue for dancing, possessing or not possessing a liquor license, which operates during hours when other entertainment venues are closed. One-time rave events will comply with the same guidelines as after-hours dance clubs, as outlined in the NDSG. The development of guidelines does not guarantee that an incident will not occur in the future, or eradicate the use of drugs at all-night dance events. However, the NDSG provides a benchmark in terms of the minimum safety standards that the community can expect at an all-night dance event operating in Niagara. The NDSG are a set of recommendations, designed to increase the safety and comfort of persons attending all-night dance events. Included in the guidelines are (1) recommendations that are enforceable at the level of regional government, and (2) recommendations that are enforceable at the local municipal level. According to the guidelines, all existing regional and local by-laws and codes must be met in order for all-night dance events to be held on both private and municipality-owned properties in the Niagara Region. Additionally, it is proposed that public venues in the Niagara Region that are made available for all-night dance events will be subject to a business licensing/permitting system based on the guidelines and in accordance with the Municipal Act. The guidelines which follow are recommended for use within the Region of Niagara under the principles of harm reduction. Harm Reduction Through the experiences of various countries, primarily in Europe and North America, it has become apparent that the prohibition of all-night dance events is not effective, resulting in illegal or private parties. These resulting parties are not accessible to educational efforts, monitoring, and safety standards (Weir, 2000; Toronto Dance Safety Committee, personal communication, 2000). Accordingly, the NDSC has adopted a harm-reduction approach to this issue. The NDSG are based on principles of harm-reduction (Appendix B) compatible with similar approaches taken in other public health matters. Harm reduction as a public health approach was adopted by Canada's National Drug Strategy in 1987. This approach supports the recommendations of the Provincial Coroner's Inquest Touching the Death of Alien Ho. The NRPS supports the harm reduction approach of the RNPHD as they strive to ensure the optimal health of the people of Niagara through the provision of services involving substance abuse prevention aimed at minimizing the harm associated with drag use. The NRPS does not condone the use of illicit drags and has a sworn duty to enforce the provisions of the Criminal Code of Canada, The Controlled Drug and Substances Act and all other related legislation. By supporting harm-reduction measures that control for environmental factors at all-night dance events (including raves), as well as the provision of substance use education, municipalities would not condone the recreational use of illicit drugs, but deal with the issue from a pragmatic and public health perspective. Providing potential drug users with health and safety services, and accurate drug information would greatly reduce the harm associated with drug use. This approach by no means condones drag use, but priofifizes health and safety. References Adlaf, E.M. and Smart, R.G. (1997) Party subculture or dens of doom? An epidemiological study of rave attendance and drug use patterns among adolescent students. Journal of Psychoactive Drugs, 29, 193-198. Centre for Addiction and Mental Health (2000). Rave attendance among Ontario students, 1995- 1999. CAMH Population Studies eBulletin, June, 1. Toronto Dance Safety Committee (2000). Protocol for the Operation of Safe Dance Events. Toronto Public Health Department. Weir, E. (2000). Raves: A review of the culture, the drags and the prevention of harm. CMAJ, 162, 13, 1843-1847. The Guidelines Compliance with By-laws All Regional and municipal by-laws and codes must be met in order for all-night dance events to be held. If by-laws are not met, the premises will be closed prior to an all-night dance event taking place. Licensing/Permitting System Municipal properties in the Niagara Region, that are made 'available for all-night dance events, will be subject to a licensing/permitting system based on the NDSG and in accordance with the Municipal Act. Owners of private property and venues are encouraged to follow the NDSG, in order to minimize safety concerns for their patrons. Admission, Advertising and Ticket Sales Admission to all-night dance events will be restricted to those aged 16 years and over, by proof of photo ID. Advertising for events must not contain explicit or suggestive depiction of drugs and/or drug use. Tickets to all-night dance events must indicate the following: a) Location of the event b) Information relating to consequences of discovery of illicit drugs c) Minimum age of 16 for admission The Venue Availability of Drinking Water · Cold, potable, unlimited drinking water must be available, free of charge, at all times. · Signs must be present, clearly indicating where people may get access to cold, clean drinking water. · Hot and cold water under pressure must remain fully functional throughout the whole event. Temperature Control and Ventilation · The means of ventilation should be appropriate to the type of venue and event. Any mechanical systems used must be in full working order and in operation, when appropriate. · A chill-out space will be set aside for patrons to rest and cool down. These mandatory areas will be comfortable, cooler and quieter than dance areas. Environmental Factors Access to potentially dangerous sites (tops of speakers, power transformers, or balcony rails) will be restricted. · Adequate and appropriate lighting will be provided at all entrances, exits and stairwells to which patrons and staff have access. · Thoroughfares will be kept free from obstructions (including people) at all times. · All electrical systems are to be checked regularly to ensure they are in good condition. · Ear plugs must be available for sale in the chill-out area. Excessively loud noise can cause hearing damage. · Clean and hygienic toilet facilities, appropriate for the number of people expected at each event, will be provided. · All rubbish must be cleared away regularly. · Current smoking by-laws must be complied with. · Public pay telephones or taxi phones will be made available. Fire Codes · Each venue must have an occupancy card posted on-site by the local fire depmhnent prior to an event being held. · This card will specify the venue's occupancy load, number of exits and emergency procedures required for the type of event taking place. · Staff will be trained on emergency exit procedures. Secul'ity Preventing Overcrowding · The maximum overall capacity of a venue, as determined by the local fire department, must not be exceeded. · Security staff will record and control the number of patrons entering and exiting a venue. · Ticket numbers must be adjusted to include any guest or VIP passes within the capacity specified for the venue. · Security staffto be present in chill-out spaces to prevent overcrowding. Door and Security Coverage · A minimum of three security staff is required at each event. For events in excess of 200 patrons, an extra security staff per I00 patrons is required. · The roles and responsibilities of door and security staff should be clearly defined prior to the event. · Door and security staff should be identifiable by their dress, both to patrons and other staff. The word "security" should be visibly written on staffT-shirts. · Security and door staff are required to have certified training in fa'st aid and CPR. · Door and security staff of both sexes must be available and trained to carry out searches of all handbags, jackets, and patrons. · The promoter or venue operator should have a record of which security staff are staffing which doors on any particular night. · All premises or areas in use will be made available for appropriate inspection purposes, by police, fire, or other authorities. Police and Paid Duty Officers The NRPS will support its partners on the NDSC by providing appropriate police services to assist other agencies as they carry out their duties in the enforcement of Municipal By-laws, Public Health Regulations, Fire Safety Legislation and other related public safety duties and responses. · Officers of the NRPS will abide by the provisions of the Police Services Act of Ontario wherein the duties of a Police Officer are set out as follows: 42. (1) The duties of a police officer include, (a) preserving the peace; (b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention; (c) assisting victims of crime; (d) apprehending criminals and other offenders and others who may lawfully be taken into custody; (e) laying charges and participating in prosecutions; (f) executing warrants that are to be executed by police officers and performing related duties; (g) performing the lawful duties that the chief of police assigns; (h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing mnnicipal by- laws; (i) completing the prescribed mining. 1990, c. 10, s. 42(1); 1997, c. 8, s. 28(2) As a guideline for one-time rave events: there will be a minimum of two Paid Duty Officers for events of less than 500 patrons, and a ratio of one additional Paid Duty Officer per 500 patrons thereafter. Based on a review of the location and availability of private security, the commander of the appropriate police division may amend this guideline. The services of Paid Duty Officers will be contracted between the organizer of the all-night dance event and the NRPS.. All arrangements will be made prior to the night of the all-night dance event. Staff Training Venue operators must ensure that all in-house staffare fully aware of the following: · procedures for evacuating the premises in an emergency; the location of all fire escapes and exits · procedures for ensuring that all exits are unlocked and free of obstructions at all times · the location and operation of fire extinguishers · the location of emergency telephones · the location of a pay-duty ambulance to be on site for each event in excess of 500 patrons · search procedures for jackets and handbags · protocol for seizure of illicit drugs. Health and Safety · All organizers will provide space for community-based drug education programs. · Ear plugs will be available for sale at each event. · Information on personal safety, including issues like "safer sex" practices, should be available from a nmnber of agencies. · The provision of condoms at the venue should be considered (ie: vending machine or harm-reduction booth). Medical Services · Organizations must provide an on-site pay-duty ambulance and licensed emergency medical personnel for events over 500 patrons. · Emergency medical personnel must have unrestricted access to each venue. Drug Information · Drag information, provided by the RNPHD, will be made available by promoters/club owners before the event by including information materials with tickets, and at clubs or other venues. · Promotion for an event must include warnings about taking illegal drags, and/or promoting safer drug use. Key messages that could be included in drug information material include: · Drink about two 8 oz. glasses of water an hour to keep hydrated when you're dancing. especially important for people taking ecstasy. · Excessive water is no.~t an antidote to ecstasy. Too much water is as dangerous as too little. · Remember to take time out to cool down and rest. This is Look after your friends. Consider having one person in a group who is not drinking alcohol or taking anything else to be a group monitor. Always watch your drink. Someone could slip some powder or a tablet into it without your knowledge. Mixing drags, and mixing drags with alcohol, can cause unexpected and sometimes serious health problems, and some really unpleasant side effects. Be aware that the decisions made while you're impaired (such as who you choose to ride home with), might not be safe or rational. Have things organized before you head out for the night. Note the location of exits and chill-out areas upon arrival to the event. 7. Review of Requirements These guidelines will be reviewed periodically by rave organizers, club owners, commtmity partners and patrons. These recommendations regarding the regulation and/or licensing of all-night dance events are intended to foster safe all-night dance events (including raves), to prevent rave-related deaths and illness and to protect and promote the health, safety and well-being of people attending all-night dance events in Niagara. Guidelines Developed By: Jennifer Mitton, Public Health Nurse, Regional Niagara Public Health Department, Injury/Substance Abuse Prevention Program Constable James Dmry, Niagara Regional Police Service, Community Services Unit. Donna Sheppard, Public Health Nurse, Regional Niagara Public Health Department, Injury/Substance Abuse Prevention Program Donna Mills, Health Promoter, Regional Niagara Public Health Department, Injury/Substance Abuse Prevention Program Guidelines Reviewed By: Roy Adams, Chair, Community Health Services Committee, Regional Niagara Dr. R.C. Williams, Medical Officer of Health, Regional Niagara Public Health Department. Karen Chndzik, Director, Population Health, Regional Niagara Public Health Depa~hnent. Ellen Wodchis, Director, Chronic Disease Prevention, Regional Niagara Public Health Depa~h~tent Maureen Ott, Manager, Injury/Substance Abuse Prevention Program, RNPHD. David Young, Manager, Inspection Program, Regional Niagara Public Health Department. Bill Boston, Deputy Chief, Niagara Regional Police Service. Joe Matthews, Sargent, Niagara Regional Police Service. Tim Bemdt, Superintendent, Niagara Regional Police Service. John Cuunane, Director, Public Safety Division, Regional Niagara Public Health Depaxhnent. Chief Bob Rupert, St. Catharines Fire Department. Chieft A1 Jones, St. Catharines Fire Department. Brace Banting, Assistant Director, Legal Services, Region of Niagara. Niagara Regional Fire Chiefs. APPENDICES A Coroner's Inquest into the Death of Allen Ho: Jury Verdict and Recommendations. B The Harm Reduction Approach: Regional Niagara Public Health Department 10 APPENDIX A CORONER'S INQUEST INTO THE ALLEN HO DEATH: JURY VERDICT AND RECOMMENDATIONS. On June 1, 2000, the Coroner's Inquest into the Allen Ho death released its Jury Verdict and Recommendations. The following are the recommendations in the document. Jury recommendations concerning the death of Allen Ho. The following recommendations are not presented in any particular order of priority. 11 Rationale: We the jury, agree that there is a need for safe venues for raves and severe restrictions on rave promoters will defeat the intent of these recommendations. (1) (3) (4) (5) We the jury recommend that the City of Toronto continue its collaborative efforts with all departments of the City, including fire, police and ambulance services, to ensure that all municipal by-laws and codes are met and if not, that the premises be closed prior to a rave event taking place. We the jury recommend that city-owned properties in Toronto, as well as private venues be made available for raves, subject to a licensing/permitting system based on the Toronto Dance Safety Committee Protocol and with adoption by all parties including the Toronto City Council. We further recommend that access to UNLIMITED DRINKING WATER at each venue must be part of this agreement, to alleviate the effects of prolonged dancing and subsequent dehydration in some ravers in a warm or high temperature environment. We the jury recommend that the licensing/permitting system includes provisions restricting admission to raves to those ages 16 and over. We the jury recommend that the licensing/permitting system includes advertising guidelines for raves forbidding explicit or suggestive depiction of drags and drag use. We the jury recommend that ticket agencies which contract to print and/or sell tickets for raves, be required to indicate the following: a) the location of the event on each ticket. Failure to do so may indicate that they are condoning an illegal, underground event. b) the event is "drag free" with information relating to searches and the consequences of the discovery of illicit drags. c) the minimum age of 16 for admission. (6) We the jury recommend the following policy on "searches." (7) a) Seamh areas should be clearly indicated by either a sign or a poster which includes a warning that anyone found in possession of an illicit drag will not be admitted, will be removed from the premises and possibly arrested. Without exception, those found in possession of an illicit drag will be removed or refused admittance. b) Security guards working at raves should be specifically directed to refuse to admit and remove from the site any person found to be in possession of an alleged illicit drug. c) A pay duty uniform police officer should be stationed at the entry to any event holding a rave for the purpose of supervising the search procedure. This will ensure that any person who is alleged to have committed an indictable offence, will be arrested and charged accordingly. We the jury recommend that the ratio of pay duty officers per patron at raves should be the subject of general regulatory guidelines. These guidelines should be flexible and allow for both an increase and decrease in the number of both uniform and undercover pay duty officers, as warranted. As much as possible, the issue should be resolved by the local police 12 (8) (9) service responsible for the area where a rave is to be held, and the rave promoters and/or the property owners. We the jury recommend that the power to inspect and close a rave should be part of any legislation passed by the provincial government and any municipal government. The provisions set out in sections 6 and 7 of the Raves Act 2000 should be used as a model for the power to close a rave party which poses a threat to public safety. We the jury encourage the Provincial Legislature to consult with all parties that may be affected by the passage of the Raves Act 2000, including the rave community, rave promoters and others who conduct business interests in this area, municipalities, law enforcement agencies, public health education officials, the Coroner's Office, and all other legitimately interested parties. - Rationale: Evidence has been heard at this inquest that some youth of this province take illicit drugs and at different settings, including raves. The drugs which appear most prevalent at raves include marijuana, ecstasy, GHB and ketamine, but prevalence of drug use in all settings changes continuously. Therefore, it is very important to educate youth about the risks associated with these and other drugs. (10) We the jury recommend that: public health departments throughout this province that work locally and regionally with all health care practitioners (especially those working in emergency depattments), police, school boards and representatives of the youth at risk, develop educational strategies targeted at the drag use problem(s) present in the community. b) educational strategies in addition to "Just Say No" should include and support "Harm Reduction" as promoted by the Toronto Harm Reduction Task Fome and the Toronto Rave Info Project (TRIP); the latter provides harm reduction information at raves by volunteers at booths approved and/or requested by the promoters. c) A $.50 surtax be added to admission to raves, the proceeds of which shall be handed over to the rave community-based harm reduction projects. This is not intended to reduce or replace government funding for such programs. Educational strategies for "ravers" take into account the unique sitUation of a rave party. They consist of long overnight hours, prolonged and energetic dancing, propensity for dehydration, high temperatures inside the venues and that some attendees will be exposed to and may take (MDMA (ecstasy) or other party dmgs. (11) We the jury recommend that the City of Toronto and the Province of Ontario consider the funding (or where some funding is provided, consider increases in funding) for community groups such as the Toronto Harm Reduction Task Force and the Toronto Rave Info Project, to facilitate their contact with, and increase their abilities to provide information to youth at risk. 13 (12) We the jury recommend that the City of Toronto with the Province of Ontario, fund the creation of a video, a web site, and other educational materials that will realistically portray the risks of ecstasy and other party drags - for use in schools and for the edification of parents and the community. (13) We the jury recommend that this verdict, including all recommendations, be sent to the Minister of Education for the Province of Ontario. We the jury request that the minister forward the verdict to appropriate representatives in the school boards throughout this province, so that they are aware of some of the drug-related issues identified at this inquest. This may help with planning future curricula related to illicit drag use. Rationale: Evidence has been heard at this inquest that currently there are no satisfactory mechanisms in place to allow public health departments to collect and centralize information regarding use of illicit drugs in the community. As an example, there is no mechanism in place for public health officials to learn about hospital emergency department visits where patients present themselves with the toxic effects of drug use. As such: (14) We the jury recommend that: (a) illicit drag use, as diagnosed by a physician, become a reportable disease so that public health depathnents can detect changing patterns of drag use. This information should respect the confidentiality and privacy of the patients. those working in hospitals and emergency depmtments be informed of changes in pattern of drag use in the community. (15) We the ju~ recommend that the Government of Canada re-establish and sufficiently fund Canada's Drag Awareness Strategy by providing training and materials to law-enforcement agencies and education to all Canadians regarding the costs and effects of drags in our society. (16) (17) We the jury recommend that Federal and/or Provincial funding be made available to police agencies in Ontario to train some police as DREs (Drug Recognition Experts). These officers could then support frontline officers in establishing whether a person was under the influence of drags, type of drags, and the need for medical attention. We the jury recommend that judges involved in the administration of justice recognize the need for meaningful sentences to those who traffic to young people and are involved in the exploitation of the vulnerable, most often at the profit of organized crime. Rationale: Recognizing that certain illicit drugs are manufactured in clandestine laboratories in the province and that certain chemical precursors (substrates) would appear to have limited, if any, other purpose, i.e. (MDP2P) (18) We the jury recommend that the Government of Canada through Health Canada and the Minister of Justice, consult law-enforcement agencies, public health depmtments, the Centre 14 of Forensic Science and other stakeholders, to consider mending the schedule of prohibited chemical precursors to include those substances which are a present and realistic concern in the illicit drug trade. (19) We the jury recommend that the Chief Coroner for Ontario provide a progress report on the stares of implementation of the recommendations approximately one year after the conclusion of this inquest. It is the unanimous opinion of this jury that, as in our opening remarks expressing the need for safe rave venues, all of these recommendations are intended to foster safe, licensed raves. 15 APPENDIX B The Harm Reduction Approach Regional Niagara Public Health Department Harm Reduction and Substance Use The Regional Niagara Public Health Deparhnent (RNPHD) strives to ensure the optimal health of the people of Niagara through the provision of community based services. Mandated by the Ministry of Health, the goal of the RNPHD's Substance Abuse Prevention Team is to "reduce disability, morbidity and mortality caused by alcohol and other substances" (Ministry of Health, 1997). The RNPHD works to achieve its mandate through a variety of health promotion stragetgies, including: education, environmental supports, and public policy development and advocacy. One approach to health promotion is termed "harm reduction". The harm reduction approach to substance use has as its first priority, a reduction in the negative consequences of substance use, striving to reduce the negative consequences of substance use to the individual, the community and society as a whole (Riley, 1998; Beauchesne, 2000; Cheung, 2000). Harm reduction is an approach to substance use and abuse that explicitly recognizes that reductions in the harm resulting from such use or abuse may be a more appropriate goal for some users than one which relies upon abstinence (Riley et al., 1999). At the conceptual level, this approach maintains a value-neutral and humanistic view of substance use and the user, neither insisting on nor objecting to abstinence (Cheung, 2000). A harm reduction approach to a person's substance use in the short term does not role out abstinence in the long term. Harm reduction strategies are often the first step towards the eventual cessation of substance use; however, the use of this strategy does not require abstinence. It makes no assumptions or judgements about the moral and legal nature of substance use, as harm reduction has as its sole concern the maximization of health. Harm reduction is based on humanitarian and pragmatic approaches, incorporating scientific public health principles, and seeks ways to minimize health and safety risks. These strategies are consistent with the RNPHD's mandate "to reduce the rate of substance-related injuries and deaths" and "to reduce the rate of illicit substance use" (Ministry of Health, 1997). 16 Canada's National Drug Strategy Canada's National Drug Strategy reflects a balance between reducing the supply of and demand for drags. Harm reduction formally became the guiding principle for Canada's National Drug Strategy in 1987: The long-term goal of Canada's drug strategy is to reduce the harm associated with alcohol and other drugs to individuals, families and communities. Harm associated with alcohol and other dmgs can be physical, psychological, societal, and/or economic. Because substance abuse is primarily a health issue rather than an enforcement issue, harm reduction is considered to be a realistic, pragmatic, and humane approach as opposed to attempting solely to reduce the use of drags. (Government of Canada, 1998). Consistent with Canada's Drug Strategy, the RNPHD recognizes that the issue of substance use and abuse is complex, necessitating a diverse set of interrelated strategies from the community. These strategies are all aimed at decreasing the harms of substances to individuals, families, communities and societies, and include: Prevention of substance abuse through reduction in demand, based upon strengthening the capacities of individuals, families and communities. Supporting existing harm reduction polices and programs in the community, such as needle exchange programs and methadone clinics. Providing educational materials which, while not promoting substance use, inform the user of how to reduce the risks associated with using drugs. Ensuring treatment for persons involved in drug use and abuse through advocacy for enhanced treatment capacity and strategies. Supporting enforcement through regulatory activities to reduce availability (supply). These activities are aimed either at prohibiting supplies of illegal drags or preventing trafficking in such substances. Harm Reduction and All-Night Dance Events Although the harm reduction approach to public health matters is often associated with substance use, this approach can be applied to a number of issues. The promotion Of seatbelts for example, is a harm reduction approach as the goal of seatbelt use is to reduce the potential harm of automobile collisions. The harm reduction approach thus, can be applied to the issue of all-night dance events in the development of initiatives that act to reduce the potential harms of attending these events. 17 With regard to all-night dance events (including raves), risk reduction is more likely to succeed in decreasing serious adverse effects than prohibition. Strict bans may prolong the popularity of the all-night dance events, making associated problems more difficult to control. A modest degree of regulation and education is a preferable strategy to reduce the potential harm associated with all-night dance events (Weir, 2000). In addressing community concerns regarding all-night dance events, the harm reduction approach taken by the RNPI-ID encompasses but is not limited to harm reduction as it applies to substance use. This approach includes the establishment of minimum safety standards that can be expected by the public concerning all-night dance events (including raves) operating in the Niagara Region. This approach supports the Allen Ho Inquest recommendations released on June 1, 2000, where it is stated that: We the ju~, agree that there is a need for safe venues for raves and severe restrictions on rave promoters will defeat the intent of these recommendations (Appendix A, pg 1). Furthermore, in section (1 Ob) of the Provincial Coroner's Inquest Recommendations, it is recommended that: Educational strategies in addition to "Just Say No" should include and support "Harm Reduction" as promoted by the Toronto Harm Reduction Task Force and the Toronto Rave Information Project (TRIP); the latter provides harm reduction information at raves by volunteers at booths approved and/or requested by the promoters." (Appendix A, 10b). The Regional Niagara Public Health DepaxCment Working with the community of Niagara, the RNPHD strives to ensure the optimal well- being of the people in our community. RNPHD programs provide community based services and current health information focusing on health promotion, health protection, disease prevention and treatment. The RNPHD believes that serving the public is our top priority and that every individual should be treated equitably, and with sensitivity and respect. The programs and services provided by the RNPHD are based on research and best practices. Thus, according to best practices in the area of substance abuse (Centre for Addiction and Mental Health, 1993), the RNPHD has adopted a harm reduction approach to the issue of all-night dance events (including raves) in our dedication to achieving a healthier Niagara. 18 References Beauchesne, L. (2000). What do we in Canada want? Setting public policy on drugs: A question of social values. Brief submitted to the Special Senate Committee on Illegal Drags. [on line]. Available: www.parl.gc.caJ36/2/parlbus/commb...e/ille-e/presentation-egoeauchesne-e.htm Centre for Addiction and Mental Health (1993). Best Advice: Harm Reduction: A new approach to alcohol and drag problems. [Position Paper]. Cheung, Y. (2000). Substance abuse and developments in harm reduction. Canadian Medical Association Journal, 162, 12, 1697-1700. Government of Canada. (1998). Canada's Drag Strategy. Ottawa, ON: The Office of Alcohol, Drags and Dependency Issues, Health Canada. Ministry of Health (1997). Mandatory Health Programs and Services Guidelines. Riley, D. (1998). Drags and drag policy in Canada: A brief review and commentary: Prepared for the Honourable Pierre Claude Nolin. [on line]. Available: www.parl.gc.ca/36/2/parlbus/commbus/senate/com-e/ille-e/rep-e/rep-now98-e.htm Riley, D., Sawka, E., Conley, P. Hewitt, D., Mitic, W., Poulin, C., Room, R., Single, E., and Topp, J. (1999). Harm reduction: Concepts and practice: A policy discussion paper. Substance Use and Misuse, 34, 1, 9-24. Weir, E. (2000). Raves: a review of the culture, the drags and the prevention of harm. Canadian Medical Association Journal, 162, 13, 1843-1847. The Harm Reduction Approach: Regional Niagara Public Health Department. Prepared on May 25, 2001 by the Substance Abuse Prevention team of the Regional Niagara Public Health Department 19 The City of Niagara Falls~ Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site:www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-39 File S-70-25 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re.' August 1, 2002 MW-2002-99 Loan of Material Agreement Environment Canada RECOMMENDATION: It is recommended that the Corporation of the City of Niagara Falls enter into an agreement with Environment Canada for the loan of one vortex separator treatment device. BACKGROUND: City Staff is currently exploring options for the treatment of combined sewer overflow fi.om a site adjacent to the High Lift Pump Station in the South West end of Niagara Falls. The subject site spills approximately 43,000 cubic metres of untreated overflow annually to the Hydro Electric Power Canal whose ultimate discharge point is the lower Niagara River via the Sir Adam Beck Hydroelectric Generating Station. The Wastewater Technology division of Environment Canada currently has a treatment device in their possession that was used for a study in Scarborough several years ago. The device is now considered to be surplus to their current needs. The writer has arranged for the loan of the device in order that it be installed at the High Lift Pump Station site for evaluation purposes along with two or three other commercially available so called "High Rate Treatment" processes. The proposed overall project budget and funding is as follows. Partner Contribution Notes City of Niagara Falls $ 350,000 Working Together to Serve Our Community Provided for in 2002/2003 capital budget. 2003 Subject to Council 2002-08-01 2 MW -2002-99 Funding (con0 Partner Contribution Notes Regional Municipality of Niagara $ 350,000 Confirmation received Ontario Great Lakes Renewal Foundation $ 350,000 Pending Great Lakes Sustainability Fund $ 350,000 Confirmation received, City in receipt of $ 50,000 Total Project BudgetS 1,400,000 The only costs incurred by the Corporation in the initial stages of this project are for the transport of the unit to the City's service centre and insurance for the device in the event of damage which collectively should not exceed $ 5,000. The loan of this particular device presents the City of Niagara Falls with a unique opportunity to evaluate all options with respect to combined sewer overflow treatment and ultimately to implement a permanent solution at this and other overflows throughout the City for a fraction of the cost of traditional control methods. Councils' concurrence with the recommendation made is requested. Prepared by: David Watt, C.E.T, OLS, OLIP Manager/~f~nfrastructure ~'Ed Dujlovic, 1~. Eng. Director of Municipal Works Respectfully Submitted by: .,ogoro Fo,,s Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-100 Augustl, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-100 Tender #10-2002! New EquipmentPurehases- Small Vehicles RECOMMENDATION It is recommended that the following bidders be awarded the respective new equipment tenders for small vehicles as follows: 1) Brian Cullen Motors, St. Catharines for two (2) Mid-Size 4-Door Sedans in the amount of $42,564.95, and one (1) Short Wheelbase Panel Mini-Van in the amount of $23,813.05 totaling $66,378.00; 2) Day's Nemeth Lincoln, St. Catharines for tl~6~ (3) FUll Size Panel Vans in the amount of $78,040.15, and one (1) 7-Passenger Window Mini.~an totaling $104,972.00; and 3) Ed Learn Ford Sales Ltd., St. Catharines for one (1) ½-Ton Pickup Trucks in the amount of $22,680.30. BACKGROUND Tenders were opened by the Tender Opening Committee on Thursday, July 18, 2002 with the Manager of Supply & Services in attendance. Staff recommends that the tenders be awarded to ,the bidders as listed on the attached Tender Summary. All bidders and their vehicles meet specifications as outlined in tender documents. Working Together to Serve Our Community MW-2002-100 - 2 - August 1, 2002 Total cost of the Small Vehicles portion of the 2002 New Equipment Tender is $194,030.30. Sufficient funds are available in this year's budget to cover the purchase of these vehicles. Council's approval of the recommendation and information contained in this report would be appreciated. Prepared by: Opemti~/~uperintendent fU~d Dujlom'c~, P.Eng. Director of Municipal Works /gkf attach. h:~r~ports~lW-2002-1 O0 new cquip.wpd Respectfully submitted by: Chief Administrative Officer Tender #10-2002 Tender Summary New Equipment Purchases - Small Vehicles TOTAL PRICE INCLUDING ALL COSTS PER SECTION Company Brian Cullen Motors 386 Ontario Street St. Catharines, ON L2R 6S8 ITEM #1 2003 Gasoline Fuelled Mid-size 4-Door Sedan (2) One Only ITEM #2 2003 Gasoline Fuelled Full-size Panel Vans (3) Three Only ITEM 20O3 Gasoline Fuelled 7-Passenger Window Mini-Van (1) One Only ITEM #4 20O3 Gasoline Fuelled Short Wheelbase Panel Mini-Van (1) One Only ITEM 2003 Gasoline Fuelled ~= Ton Pickup Trucks (1) One Only Day's Nemeth Lincoln 169 Hartzel Rd. St. Catharines, ON 1_2P 1G2 Ed Learn Ford Sales Ltd. 375 Ontario St." St. Catharines, ON L2R6Y3 Humberview Chev-Olds 60 Fieldway Road Toronto, ON M8Z 31_2 $50,908.20 $47,505.35 $46,920.00 NO BID $28,349.80 $27,100.90 $24,806.65 $78,470.25 NO BID $95,610.00 $28,367.05 $24,035.00 $24,308.70 $22,931.00 $24,452.00 The following received tender documents but did not submit bids: Autoland Chrysler Ltd. Brock Ford Motors Checkpoint Chrysler David Chev-Olds Eastgate Ford Sales Falls Chev-Olds John Bear Pontiac Buick Niagara Motors Paul Foy Pontiac Buick The City of Niagara Falls l Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1(39 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagamfalls.on.ca Adele Kon Director R-2002-46 August 1, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-46 Proposed Skate Park Facility Analysis of Site Using CPTED Principles RECOMMENDATION: That City Council receive and file this report. BACKGROUND: City Council recently approved the hiring of Mark Van der Zalm & Associates to carry out the design of the City's proposed skate park. Council also approved the new Community Centre location as the site for the skate park subject to a CPTED (Crime Prevention Through Environmental Design) Audit. The purpose of this report is to review the proposed site for the skate park as it relates to the principles contained in the CPTED Audit process. Attached is a Context Plan for the City's 23 acre Community Centre site at the north-east comer of Montrose Road and McLeod Road. This Plan was prepared by Parks, Recreation & Culture staffand identifies the location of the skate park, Community Centre, parking areas, amphitheatre, stoimwater management pond, walking trails, playground and picnic area. The plan is conceptual in nature and will be refined as we proceed closer to construction. CPTED is a planning tool used in evaluating existing or proposed development with the intent of reducing public fear and incidents of crime. The type of items reviewed in this process include the opportunity for surveillance, determining if there are any design conflicts, whether or not landscaping supports or hinders crime. As Council may recall, six City staffmembers, along with Aldeiman Carolynn Ioannoni attended a week long training last Fall on CPTED hosted by the Niagara Regional Police Department. The following is an evaluation of the skate park based of the CPTED Site Audit principles. }Forking Together to Serve Our Community Municipal Works Fire Se/vices Parks, Recreation & Culture Business Development August 1, 2002 - 2 - R-2002-46 1. Sight Lines: The 23 acre property consists of rock spoils from the Niagara Power Canal construction carded out in the early 1950's. Some of the better rock material has been utilized in recent years and it is anticipated that a large mount of the remaining material in the westerly section will be moved off site and about two thirds of the land reshaped. The easterly section abuts Kinsmen Court and industrial lands. This. latter area will remain relatively undisturbed and create a desirable vegetative buffer from the industrial area. When the property is reshaped, it will be brought down to the level of Montrose Road and this will create clear sight lines for all facilities on the site including the skate park. Since the skate park will be completed next year and the Community Centre will still be under construction, it is proposed that a temporary access to the skate park be from Kinsmen Court. This temporary access will be closed once the Community Centre is completed and officially opened. 2. Entrapment Zones: When reviewing development designs to reduce potential crime, it is desirable to minimize alley ways and out of the way entrance ways. There are no issues related to entrapment zones as the skate park will be within clear view from Montrose Road and the parking area. 3. Movement Predictors: The flow of vehicular traffic will be from Montrose Road and proceed into the parking lot areas. Pedestrian traffic will also be routed from Montrose Road onto the site via a walkway system. People will be directed to the various areas on site. There will be no bridges or tunnels which are items of concern in CPTED Audits. With the activities being generated as a result of the Community Centre, there will be natural ongoing surveillance that will occur. The skate park will be separated from the Community Centre but still close enough to provide easy access to pay phones, concessions and public washrooms. 4. Activity Generators: Items that are considered as activity generators include parking areas, benches and bus stop areas. The skate park itself will be a major activity generator. Young people prefer to spend time where they can be in each others' company, away from adult interference. Therefore, we can anticipate large crowds of youth at the skate park and they will congregate and hang out with their friends. The skate park will be designed to accommodate seating areas for the youth. The Niagara Regional Police are actively involved in the Mayor's Youth Advisory Committee and are well aware of the skate park project. They plan to monitor the skate park for potential inappropriate activity. They have indicated strong support for the project and the Community Centre location as a desirable site for the skate park. 5. Community Impact: There will be minimal negative impact of the skate park use on the surrounding land uses. There are no residential dwellings in the immediate area and therefore, any noise complaints should be minimal. A rules sign outlining general expectations of participants will be posted on site. 'On the positive side, the skate park will provide for unstructured recreation opportunities for skate boarders, in line skaters and BMX riders. August 1, 2002 - 3 - R-2002-46 6. Design Features: There will be some landscaping included as part of the development but it will not include massing of shrubs and bushes that are discouraged through CPTED. The landscaping will include trees for shade. Graffiti is something that CPTED recommends be removed as soon as possible from buildings and structures. It is quite common for skate parks to contain graffiti and provided it is done in a tasteful manner, we would have no objection with graffiti being part of the skate park. Lighting is not proposed as part of the skate park facility. The parking lot will be lit and some lumination may spread over to the skate park area. We plan to monitor the use of the facility after dark. The consulting firm carrying out the design of the City's skate park has been CPTED trained and they will also be reviewing the CPTED principles in their design process. Conclusion: It is important that the skate park facility be clearly visible and that the users feel safe and secure. Some of the challenges will include keeping the site as tidy as possible, as garbage tends to be a problem with skate parks. We acknowledge that there will be a congregation of youth and graffiti on the skate park. However; the benefits of providing a recreational facility for the youth of our community far out weigh some of the challenges we will be faced with at the skate park. Based upon the CPTED principles, it is believed that the prosed skate park satisfies these principles. Recommended by: Adele Kon Director of Parks, Recreation & Culture BB/das Attachment Respectfully Submitted: ~~ ~ A~~nD.~.nsaltrdative Officer S:\Council\Coun¢i12002~-2002-46 Skate Park Facility - CPTED Principles.wpd The City of Niagara Falls Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city, niagarafalls.on.ca BBS-2002-10 Mel Brown Director August 1, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2002-10 - Variance to By-law 6661, 1964, as amended, for a Billboard at Stanley Avenue for Canadian Niagara Hotels Inc. RECOMMENDATION: That the requested variance to the Sign By-law No. 6661, 1964, as amended, be approved. BACKGROUND: The owners/operators of the fomxer Casino Parking Lot No. 2 on the west side of Stanley Avenue (between Robinson Street and Main Street) currently have four billboards on the property which have advertising on one side and are requesting that they be permitted to construct an advertising panel on the opposite side of each sign. The current Sign By-law No. 6661,1964 permits only one face of a billboard to contain advertising. The rear portions of the existing billboards are somewhat unsightly and staff feels that the use of the rear side of these panels is consistent with the signage in the area. The proposed panels will be equal in size to the existing (16' x 32' or 512 sq.ft.). Manager of By-law Services Approved by: ~ -~WIE, E ~r eDc~Jolr°~i/Municip al Wor~s Lmmended by: Mel Brown Director of Building and By-law Services Respectfully Submitted: e-~John MacDonald Chief Administrative Officer V:\2002COUNCIL\2002 08 01~BBS-2002-10 Canadian Niagara Hotels-Stanley Avc.wpd Working Together to Serve Our Community CANADIAN N I A G A R A H 0 T E L S I N C. June 21,2002 His Worship Wayne Thomson & City Council The City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, Ontado L2E 6X5 Mayor Thomson and Council: Re: Outdoor Billboard Signs - Stanley Avenue Please be advised that Canadian Niagara Hotels Inc. is hereby seeking approval to complete four (4) sign faces located on the reverse side of existing billboards at the Casino Parking Lot #2 site on Stanley Avenue. Currently, these billboards are single- sided. The completion of these signs will in no way adversely affect the aesthetics of the area. In fact, the new sign faces will allow us to cover the reverse sides of the existing signs in a more pleasing manner. We also plan to complete landscaping improvements around the bases of the signs to enhance the lot's appearance. Furthermore, the completion of these signs will not increase current square footage, or result in the construction of new structures. The faces will be completely contained within the existing square footage on site and will in no way affect or reduce the existing parking spaces on the site. Canadian Niagara Hotels seeks permission to complete these signs in order to promote Niagara's tourism products to visitors, increase business and allow us to contribute to the growth of the city's toudsm sector. City staff members in the Building and Bylaw Services department have been helpful in the preparation and review of this plan. We look forward to your support of this proposal to enhance and improve this site. Sincere~ Gor~ Arbeau Director of MarketingCanadian Niagara Hotels cc. Dino Dicienzo Jr. pLANNING MEETIN SHERATON ON THE FALLS ° BROCK PLAZA ° SKYLINE INN * HAMPTON INN * HOLIDAY INN · DAYS INN * INN ON THE PARKWAY 5685 FALLS AVENUe, NIAGARA FALLS, ©NTAR[O L2E 6W7 TELEPHONE (905)374-4444 · FAX (905)357,'4804 OR (905)374-7338 email - sales@niagarafallshotels.com · www.niagarafallshbtels;com : . . The City of Niagara FoIIs t Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca August 1, 2002 Doug Darbyson Director PD-2002-76 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-76, Heritage Designation VIA Rail Station - 4267 Bridge Street RECOMMENDATION: It is recommended that Council proceed with giving notice of intention to repeal a part of the heritage designation affecting the rail yards around the VIA Rail Station. BACKGROUND: The VIA Rail Station was constructed in 1879 by the Great Western Railway. In 1999, Council passed By-law 99-108 to designate the railway station as a heritage property for architectural and historical reasons. The By-law is registered on title and tied to the whole of the holdings of CN Rail Inc. Now CNR intends to sell a portion of their holdings for the International Bridge Truck Corridor. CNR will be providing a new legal description for the railway station. Therefore, it is necessary to amend the designating by-law to describe only those lands containing the railway station. The Local Architectural Conservation Advisory Committee (LACAC) was consulted. The consensus of the Committee members is the intent was to recognize the heritage significance of the railway station. The property description is a technicality. In order to amend the heritage designation, it is necessary for Council to provide notice of intent to repeal a portion of the designating by-law, including an advertisement in the Niagara Falls Review. A 30 day appeal period is provided under the Heritage Act. Once the new legal description is provided, a revised by-law will be brought back to Council. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal · Planning & Development August 1, 2002 - 2 - PD-2002-76 CONCLUSION: The request to repeal a portion of the designating by-law affects the railway yards. Designation of the railway station will remain intact. The change is a housekeeping matter to recognize a change in the legal description of the lands. Prepared by: Alex Herlovitch Deputy Director of Planning & Development Respectfully submitted: .~ John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. S:~PDR~2002~D2002-76, VIA Rail Designation-Bridge St.wpd The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS Niagara Falls Tourism will be staging the Niagara Food & Wine Classic from September 13 - 15, 2002; and WHEREAS this spectacular wine and culinary event will bring many tourists to Niagara and highlight local wineries and restaurants. THEREFORE BE IT RESOLVED that the Niagara Food & Wine Classic is a significant evem that is deserving of City Council support. AND The Seal of the Corporation be hereto afl.med. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WItEREAS Bodycote Materials Testing Canada Inc. is interested in locating an operation at 4650 Montrose Road, otherwise known as Lots 14, 15, and 16 of Registered Plan 160; and WHEREAS 60 new jobs will be created at the Niagara Falls operation as a result of a contract with a large automobile manufacturer; and WHEREAS there exists an arbitrary restriction on title prescribed by the Township of Stamford; and WHEREAS in 1959, the Township of Stamford sold Lots 13 -16 and 34 - 36 to Crawford Fittings with the prov. iso that the lots could only be sold as one parcel; and WHEREAS the conditions of the 1959 restriction no longer apply; and WHEREAS failure to act expeditiously could result in the operation going to Kentucky. THEREFORE BE IT RESOLVED that the Council reaffirm its support of the sale of 4650 Montrose Road (Lots 14-16); and FURTHER BE IT RESOLVED that the restrictions on title are no longer valid. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers NO. Moved by Alderman Seconded by Alderman WHEREAS the Provincial Ministry of Health and Long-Term Care is planning to increase the cost to live in long-term care facilities by approximately $7 per day; and WHEREAS this nearly 16% increase equals approximately $200 per month; and WHEREAS many who reside at long-term care facilities are paying from their meagre savings; and WHEREAS those individuals in long-term care facilities are in a vulnerable state, unable to protest such increases. THEREFORE BE IT RESOLVED that the Minister of Health and Long- Term Care, Tony Clement, be urged to cancel the proposed increase in accommodation costs for individuals in long-term care facilities. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR