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2014/01/28 \\\ ._ a` /V eV ' y w; Fir( Il 4 a CITY OF 4 ■ GAtvADA $44" CARA Fat's COUNCIL MEETING Tuesday, January 28, 2014 Order of Business and Agenda Package )*4444<if Niagaralalls COUNCIL MEETING January 28, 2014 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of January 14, 2014 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * BUDGET 1. Presentation - Len O'Connor, General Manager, and Gary Murphy, Airport Commission Chair Elect, from the Niagara District Airport Commission will address Council on their 2014 operational and capital budgets. 2. F-2014-05 - 2014 Fees for Service 3. Communication - Niagara Falls Public Library Board - submission of their 2014 Proposed Operating Budget. RECOMMENDATION: Refer to the Operating Budget. 4. Presentation -Les Camm, Senior Project Manager of MHPM Project Managers Inc. will provide an update on the Bus Facility. PRESENTATIONS/DEPUTATIONS 7:00 P.M. Big Brothers Big Sisters Tim Horton's Bowl for Kid's Sake Jon Braithwaite, Executive Director of Big Brothers Big Sisters, will address Council on their annual fundraising event. Project SHARE Lori Lococo, Board member, will address Council on their"Coldest Night of the Year" fundraising initiative. - 2 - Viral Photo The Mayor will recognize Tim Williams, who's photo of Niagara Falls went viral. Crookie The Mayor will recognize Olivier Jansen-Reynauld and Valerie Rudan, Niagara Falls native on their unique product, the Crookie. PLANNING MATTERS 7:00 P.M. Public Meeting 26T-11-2013-002& AM-2013-017 German Village Estates Draft Plan of Subdivision and Zoning By-law Amendment Application, 6854 Garner Road Owner: 800460 Ontario Ltd. (Eric Henry) Agent: Al Heywood, Matthews Cameron, Heywood Surveying Ltd. Background Material: Recommendation Report: PBD-2014-05 -AND- Correspondence from Harinder Pal Singh Saini (Dr.) . . . . . Public Meeting 26CD-11-2013-003 Plan of Condominium (Vacant Land) 6570 Frederica Street Applicant: Marken Homes and Construction (Fausta Marandola) Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. Proposed 40 Unit Vacant Land Condominium Background Material: Recommendation Report: PBD-2014-01 . . . . . Public Meeting 26CD-11-2013-004 Plan of Condominium (Vacant Land) Hendershot Boulevard, Block 121, Plan 59M-379 (Fernwood Subdivision Phase 2) Applicant: Marken Homes and Construction ( Fausta Marandola) Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. Proposed 30 Unit Vacant Land Condominium Background Material: Recommendation Report: PBD-2014-02 . . . . . - 3 - MISCELLANEOUS PLANNING MATTERS 1. PBD-2014-04 - AM-2013-012, Zoning By-law Amendment Application, 6570 Frederica Street,Applicant: 800460 Ontario Limited (Eric Henry) Removal of Holding (H) Regulations. 2. PBD-2014-03-26CD-11-2013-05, Proposed Plan of Condominium,6186 Dorchester Road. Applicant: Frank Costantino Construction Ltd. Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. 3. PBD-2014-06 - CB & FIG-2013-011 to CB & FIG-2013-018, CIP Applications within the Downtown Area. 4. PBD-2014-08 - PLC-2013-011, Request for Removal of Part Lot Control Lots 400,401 an d402, Registered Plan 44, Lundy's Park Plan Subdivision. Applicant: Filomena Martuccio. 5. PBD-2014-09 - DB-2013-004 Deeming By-law Application Block 15, Plan 594-264, Applicant: Tom Vattovaz, Proposed Residential Development. 6. PBD-2014-10 - Matters Arising from Municipal Heritage Committee Guidelines for Preparing Heritage Impact Assessments. REPORTS 1. MW-2014-03 - Thorold Stone Road Extension Update ( Hand-out ) 2. CD-2014-01 - Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second - Hand Smoke 3. TS-2014-07 - Chippawa Business Group - Parking Request RESOLUTIONS 1. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby consents and supports the passing of Regional By-law 112-2013, a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke; and FURTHER BE IT RESOLVED that Niagara Falls City By-law 2011-51 remain in effect. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council recognizes Chippawa as a worthy tourist destination within our community. - 4 - MAYOR'S REPORTS, ANNOUNCEMENTS x • x x COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Scouts Canada Niagara Area- requesting the City of Niagara Falls raise the Scouts Canada flag for the week of Feb. 168h to 23rd RECOMMENDATION: For the Approval of Council. 2. Regional Municipality of Niagara - requesting local councils confirm their willingness to participate jointly and to work collaboratively with the Region on the issues emanating from the Water & Wastewater Service Review. RECOMMENDATION: For the Consideration of Council. 3. Christian Bell and Roddy Heading - requesting that Council consider a 1% tax for Public Art and an Art Reserve Fund. RECOMMENDATION: Refer to the Culture Master plan process. 4. Stop Great Lakes Nuclear Dump Inc. - requesting the Council support a resolution opposing Ontario Power Generation's application for a deep geological repository for nuclear waste. RECOMMENDATION: For the Consideration of Council. 5. City of St. Catharines - results from their governance review recommending a four- ward representation based on Niagara's Federal and Provincial Ridings for Regional Council. RECOMMENDATION: For the Information of Council. Additional items for Council's Consideration: the city Clerk will advise of any items for council consideration. RATIFICATION OF "IN CAMERA" MATTERS - 5 - CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2014-03 - 2013 Interim Tax Levy F-2014-04 - Major Receivables Monthly L-2014-01 - District School Board of Niagara, Renewal of Licence Agreement with the City Princess Margaret School Kiss and Ride L-2014-03 - District School Board of Niagara and Niagara Catholic School Board Licence Renewal and Amendment Agreement with the City - Girls Home for Soccer (Kalar Road) TS-2014-02 - Oliver Street - Parking Review TS-2014-03 - Crysler Avenue - Parking Review TS-2014-04 - St. James Avenue & Area - Traffic Operation Review TS-2014-08 - Toys for Tickets Program . . . . . BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2014-08 A by-law to designate Lots 400, 401 and 402 of Registered Plan 44, not be subject to part-lot control. (PLC-2013-011) 2014-09 A by-law to designate Block 15, Plan 59M-264 to be deemed not to be within a registered plan of subdivision. (DB-2013-004) 2014-10 A by-law to amend By-law No. 2013-135 to remove the holding symbol (H) on the Lands on the southeast corner of Frederica Street and Prince Edward Avenue, to permit the development of the Lands. (AM-2013-012) 2014-11 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited) - 6 - 2014-12 A by-law to establish Part 1 on Reference Plan 59R-10820 as a public highway, to be known as and to form part of St. Paul Avenue. 2014-13 A by-law to change the name of a portion of Kalar Road to Heartland Forest Road. 2014-14 A by-law to authorize the execution of a Licence Renewal and Amendment Agreement with the District School Board of Niagara, respecting the use of City-owned land for the Kiss and Ride program at Princess Margaret School. 2014-15 A by-law to authorize the execution of a Licence Renewal and Amendment Agreement with the District School Board of Niagara and the Niagara Catholic District School Board, respecting the use of land for the Girls Home for Soccer located on Kalar Road. 2014-16 A by-law to authorize the execution of an Agreement of Purchase and Sale with 2367063 Ontario Incorporated, respecting the purchase of lands in the City Niagara Falls, in the Regional Municipality of Niagara. 2014-17 A by-law to provide an interim levy of realty taxes. 2014-18 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of January, 2014 NEW BUSINESS Dean Iorfida From: Len 0 Connor <loconnor @niagaradistrictairport.ca> Sent: Tuesday, January 14, 2014 8:38 AM To: Dean Iorfida Cc: Janice Wing Cogeco Account; Terry Flynn; Gary Murphy Subject: 2014 Operational and Capital Budget PPT for Niagara District Airport Attachments: 2014 Budget .xlsx; Updated Council Presentation.pptx Dean Could you put the Niagara District Airport on the Council Agenda for January 28`h regarding the Operational and Capital Budget for 2014 and if possible, could we be the first presentation. I have attached the updated Council presentation along with the 2014 budget for the Airport. Terry Flynn will be making the presentation and myself and Gary Murphy (Airport Commission Chair Elect) will also be there. I will be in attendance for technical questions. Any questions, please contact us Th...�1..- Dean Illtllil Len 0 Connor I Airport Manager I Niagara District Airport 468 Niagara Stone Road, Niagara on the Lake. Ontario, LOS 1J0 I it 905-684-7447 ext. 11 I H loconnorg_^iaggradistnctalroort ca I -< 905-684- 2433 I www.nlagarad strctairoort.ca Confidentiality Notice:This email correspondence(including any attachments)may contain information which is confidential and/or exempt from disclosure under applicable law,and is intended only for the use of the designated recipient(s)listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient,or have otherwise received this message by mistake,please notify the sender by replying via email,and destroy all copies of this original correspondence(including any attachments). Thank you for your cooperation. -'ease consider the environment before prating this email 1 Niagara District Aiport Commission Draft Operating Budget For the year 2014 VTD 2013 2013 2014 August Projected Budget Budget 4010•Interest on Reserves 1,000 1,400 500 500 4040-Miscellaneous 7,000 7,000 0 2,000 4050' Municipal Contributions-Operations 271,000 271,000 270,000 287,000 4055-Municipal Contributions-Capital 0 0 0 200,000 4060- Land Leases 79,000 118,000 119,000 121,000 4070- Landing Fees 8,000 11,000 11,000 12,000 4075-Event Rentals 6,000 6,000 15,000 8,000 4080- FBO/Hangar Lease 31,000 47,000 47,000 48,000 FBO/Land Lease 5,000 8,000 8,000 8,100 FBO/Fuel Royalties 16,000 25,000 27,500 25,000 FBO/Fuel Farm Land Lease 0 0 0 0 4090•Water Revenues 4,000 8,000 8,000 8,000 4110-General Services 0 0 0 0 4120-Office Lease 15,000 23,000 23,000 23,000 4130-Snow Plowing 0 0 500 500 4140• Parking 3,000 5,000 5,000 5,000 4160- Terminal Advertising 300 300 0 300 4190-AVOP 400 400 500 0 Total Operating Revenue 446,700 531,100 535,000 748,400 5000' Payroll Expenses 175,000 266,000 268,000 274,000 5050-Training 0 0 5,000 6,000 5050-Clothing&Boot Allowance 500 1,200 1,200 1,300 5200'Consulting Services 6,000 6,000 7,000 7,000 5230-Safety Management Systems 0 16,000 16,000 7,000 5500' Hydro and Heating 25,000 40,000 40,000 41,000 5510'Water and Sewage 6,000 10,000 14,000 14,000 5520•Telephone Expense 4,000 6,500 6,500 7,000 5530- PR and Advertising 2,000 3,000 3,000 3,200 5540-Office and General Expense 7,000 9,000 10,000 18,000 5550•Audit Fees 10,000 8,000 8,000 9,000 5560-Legal Fees 11,000 12,000 12,000 12,000 5570-Municipal Tax Expense 0 7,800 7,700 8,300 5580 Conference,Convention&Meeting 2,700 5,000 7,600 10,000 5610-Airport Insurance 8,000 13,000 20,000 13,000 5620-Miscellaneous Expense 14,000 14,500 14,500 14,500 5625•Bank Charges&Interest 100 200 300 300 5630-Terminal Bldg, Expense 11,000 12,000 6,500 6,700 5640•Garage Expense 1,000 1,500 2,000 2,000 5650 Airfield Lighting Expense 1,300 2,000 2,000 2,000 5660-Runway Maintenance Expense 1,000 1,500 1,500 1,500 5680• Property&Roads Expense 7,500 7,500 5,000 5,500 5690• Equipment Rental Expense 1,100 2,000 3,000 3,000 5700•Vehicle Gas&Oil Expense 8,000 12,000 12,000 12,000 5720•Airport Equipment Vehicles 10,000 15,000 11,000 15,000 5890-Bad Debt Expense 0 0 1,000 1,000 5900-General Contingency 0 0 1,100 1,100 Debt Charges 54,500 54,500 54,500 53,000 Transfer to Capital Reserve 0 0 0 200,000 Total Operating Expenditures 366,700 526,200 540,400 748,400 v18 October 8, 2013 12:28 PM 1 1/23/2014 �Mragara Oistrr¢Anport Commission its pleased to present Proposed 2014 Capital Budget, and 2014 Operating Budget Presented b Ter Flynn 4,r port Commismon re.nurer Proposed 2014 Capital Forecast, and 2014 Operating Budget Steps: luly August 2213-Estamise the xetl Asset Management Program August 20:3-establisn the Working Capital Expenditure l o year p olection September 1 n i ures I0tnd near Fixed Asset To the Arpor program Commission Working Capital Expenditure o year tal projection and One the cadge to the Airy Com i o Presented[apical cite Operating Badger m me Airport for pruned al Commission mberl5 uap r oed Capital and Operating Budget presentation to the A nuary 2e 3e Pr con mate January es-nuncil a[ion of Capital and Operating Budget m Lib,Of 51. Catharines Counsel o fJanuary ro-Presentation The Lake of Capital and Operating Budge[to Inc retell yarn on The laat CoofCl January 27 e presentation mnr of Capital and Operating Nudges to the St. ann ar s Budget Committee n F8l vCou ntatmn of Cap¢a:and Operating Budget to me Gq at Veage a Polls Counsl Salk J Organizational Chart Airport Staff Len 0 Connor- Airport Manager • Executive Assistant-TBA • Lisa Juras - Maintenance Supervisor • Cliff Reinhart- Maintenance Specialist 1 1/23/2014 Organizational Chart Airport Commission Members St.Catharines Niagara Falls NOTL • Rich Lan. r Ernie Amadm Terry Flynn • Gary Murphy John Ventressca Robert White . Henry Zwolak Janice Winy • Peter Semrtl Airport Liaison Committee Dan Carnegie Ken Todd Mike Galloway Mayor Brian McMullan Mayor Jim Diodan Lord Mayor Have Eke Proposed 2014 Capital Forecast, and 2014 Operating Budget Improvements to the Capital Budget Process: Year 2014 working with new Financial Management System. • Fixed Asset Management Program • Improved Operating Budget Layout Proposed 2014 Capital Budget and 2014 Operating Budget It is respectfully recommended- 2014 Proposed Capital Budget: 8200,000 • 2014 Proposed Operating Budget: $287,000 • One-Time for Airport Planner: $41,500' • `Bequest so%of one time planner costs or$2(1.750 from Niagara tourism Partnership 2 1/23/2014 Proposed 2014 Capital Budget Capital Project Status Report: Transparency • Outstanding Upcoming Projects • 9 projects to be completed in 2014 Proposed 2014 Capital Budget Proposed 2014 Capital Projects- - _ 4 5S5901 $3C,SFl Si¢/5 Mower-Bat Cognos101e Omit 45.000 1269% 505 Sign on Hwy 55-59o3e:0 3015 40 000 11 213% 190 1.•29 itsesernen•• 300 23919 1129.01/196 ackseallne 70000 19 12% % rving Tie 26 ],33% eel e %or le iocaticr• 10 000 2915. Total $315.000 19.00% Proposed 20I 4 Capital Budget Proposed 2014 Working Capital Expenditure: $355,000 consists of 9 projects Niagara District Airport Commission 2014 Capital Expenditures •Equipment Costs 4 Groundside Costs Airside Cost yt 3 1/23/2014 Proposed 2014 Capital and Operating Budget 2014 Operating Budget. muuomc BBB. Boom, �....c...,""_._av;is son . 1 um zoom 1 10 0 GOO Proposed 2014 Capital Budget Contribution to achieve Capital Budget and Forecast _._...iw vww.m _ 010 av;ag'[aaons she Proposed 2014. Operating Budget Municipal Contribution to support 20)4 Operating Budget 12% inc teasel g nuns :.>m •Niagara calls Niagara-on-the lake 4 1/23/2014 Proposed 2014 Capital and Operating Budget It is respectfully recommended. • 2014 Proposed Capital Budget 5200,000 2013 Proposed Operating Budget 5287.000 • One Time for Airport Planner: 841.500 St. Catharines Contribution: '1"1"1.""'"-11"4---""" _�'or 9625069 996 950 Proposed 2014 Capital and Operating Budget It is respectfully recommended: • 2014 Proposed Capital Budget S200,000 2014 Proposed Operating Budget S287,000 One-Time for Airport Planner 541,500 Niagara-on-the-Lake Contribution. rating Orib,i3n 94'35 34 890 93 Y Thank You! ■ Questions?Comments? 6 J7H.A_Art F-2014-05 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F-2014-05 2014 Fee for Service RECOMMENDATION 1. That Council approve the 2014 funding for the Fee for Service agencies of $2,374,520. EXECUTIVE SUMMARY The City of Niagara Falls has engaged multiple service agencies to provide direct services on the City's behalf to the residents of the City. The services provided by these agencies have been determined to be within the core responsibility of the municipality and these relationships provide the City with an effective model of service delivery. The agencies included in this category are budgeted to receive $2,374,520 in 2014 as compared to $2,561,971 in 2013. The main reason for the 2014 reduction, is due to the reduction to Chair a Van. Council may recall that in 2013, with the opening of the new dialysis unit in the City, staff had projected a significant increase in operating costs. This did not occur and the amount for 2014 has been reduced to reflect the results of 2013. On the other hand, agreements with both the Stamford Volunteer Fire Fighters and Chippawa Lions groups for the maintainence of Firemen's park and Lion's park has resulted in increases for 2014. BACKGROUND The City of Niagara Falls has had a history of providing financial support to its community groups. In preparation for the 2014 Budget, staff met with each of the groups in the fee for service to discuss their needs for 2014 and to discuss the future requirements of establishment of formal agreements. ANALYSIS/RATIONALE The attached charts identify the year over year funding amounts. The chart has been segmented into subgroups. The first chart shows the agencies that the municipality is obligated to fund due to legislative or contractual agreements. This subgroup includes Niagara Falls Humane Society, Niagara District Airport Commission and Niagara Falls Illumination Board. The second subgroup are agencies that the City is purchasing a service that otherwise would be a municipal service. The inclusion of each agency in this latter group has been previously approved by Council. January 28, 2014 -2 - F-2014-05 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are some changes that have been made to some of the groups. The Niagara Falls Illumination Board is seeking an increase of$347. As Council may recall, the Illumination Board provides oversight of the lights over the falls. The City's annual cost is its proportional share of the operating costs. Both the Stamford Volunteer Fire Fighters Association and the Chippawa Lions Club have agreements that have resulted in increases to the annual costs. Stamford Volunteer Fire Fighters maintain Firemen's park on behalf of the City,while the Lions Club provide similar maintainence for Lion's park. The amount budgeted for Chair A Van is being reduced to reflect the operating costs incurred for the operation of this service. In 2013, with the emergence of dialysis in downtown, costs were projected to increase, however, operating results in 2013 indicate a reduction is possible. The 2014 budget is based on operating results. CITY'S STRATEGIC COMMITMENT Financial stability of the Corporation and to ensure resources are focused on Core Programs and Services. LIST OF ATTACHMENTS Chart 1 - 2014 Fees for Service: Legislative or Binding Obligation Chart 2 - 2014 Fees for Service: Services Purchased by: '(� 1 L—�- Todd Ha rison, Director f Finance Respectfully submitted: c Ken Todd, Chief Administrative Officer VI t Ts O N .-1 O M O O O O O O LL1 0 0 0 0 M CO -I V 0 In O t 0 0 0 0 Ln 0 0 0 Ln M .ti Ln .ti Ln CO Cr O O O 01 01 l0 7 O M M N IS N N t0 OD L. N V M O N N 01 M OJ N 01 .ti in L fa, m T M N a o '~ M M M M in N N .-i Ul N. N. Q O 111 Q O ON 11 4.1 N .4a, N ?I N C C C C 7 - 7 O O E 4 *A fa- Err Q efr r isr yr tEr f» tsr tsr ttr 49 - C N .--1 I". 0 C o00000Noo0of0 O O 01 0 0 0 0 0 0 0 0 0 0 Ln M O 0 co O o o 0 01 Ln tD V o M M w N LI1 1-1 CO IQ N l0 W u: RI N O Ln co- N N d' M co- N O r CI N C In O M ^ = O N M M cr, M M V N N .--i In lG N CO CO N ,i y Ill .1 y Is M N E N E N E E O O ✓ v a) a, a' etr yr yr ifr re yr tir ar yr tfr tf} tf} 429- yr - er tsr UV U 7 v v r L. C C 4J CU O E O U c U U V) 4-, cz 0 d3 dS d a > > t o 0 al cu CU D Y c c 0 a@) Q n 0 0 a v c CO c c AC) a) C C N @@ i i U1 C v C C ^, U it LL rY d d m m it H a' it d' it it L E o1 @ C al O _C c to Y a m o t a o L L N N In I- O O i E a ai a rn LL E y E a `-° i+ l�0 Z U W v 4-, z Vf f601 (A u 13 TL CU t N j V 01 o n al o Y in j c @ Ul f a1 C JQ o00 -0 vii d =O o - O 4 I oL 'i 0 a U o N > E m v a u L- U' ° LL 0 L° C aS o m 1- _c @ C 4d L_ c Z w 0 E@ @ — ate+ t E 0- 0) ° .- u .o a, Evia m 01 I-1 L c _° LL. O CO o `4-J r@ � s LL. o m o O O u QZZI- u mU) UZ5U) UZ0.Z - H era HA04 .'. m d� IS ja 'es =H.< f0 L\b .,•.,.•... . ._- _ _ . December 8, 2013 FINANCE t,E11 DEC 7 D 2013 Members of the Corporate Services Committee City of Niagara Falls Ladies and Gentlemen: I enclose the 2014 Proposed Operating Budget of the Niagara Falls Public Library Board. Summary: The Niagara Falls Public Library Board has submitted a balanced (0%) budget, for the operation of the Public Library in 2014, with the exception of the prescribed increase to Payroll and benefits, as directed by City Staff. We have carefully examined our 2013 actuals in determining the numbers for this submission. The Board recognizes the economic challenges faced by the City of Niagara Falls yet we continue to offer improvements and innovative changes to our services within these constraints, for the benefit of our residents, while annually the increases to our fixed costs are in the range of 2-3%.. Library use in Niagara Falls continues to increase especially in early literacy program attendance, use of our "virtual" branch —the Library website; and the demand for internet service. Staff are constantly adapting to changing user needs. Provincial Government Financial Support: Our Ontario Base Grant was reduced by 40% to $130,258 in 1996/1997, and has remained frozen at that level since. Payroll: Wage increases are finked to those of City staff as an outcome of Pay Equity agreements. Capital Proiects: Library Reserves currently fund all our Capital projects and our projections and planning are based on these numbers. In 2013, we have begun a lighting retrofit at the Victoria Avenue Library, and using the electrical energy rebates available to replace all the existing T12 and 400 watt units with more efficient T8 bulbs. This should produce significant energy savings going forward. We have also completed the replacement of the aging and obsolete phone system at our four branches with a new IP based integrated system. This work was all directed internally by library staff and we have further reduced the overall communications costs going forward. Report on Reserve Funds: The following is our Report on Reserve Funds as per our audited statements as of Dec. 31 , 2012: Automation Reserve $371 ,842; Gift/Special Projects Reserve $327,737; Property Maintenance Reserve $198,630. 48,890+Active Borrowers: The Library Board serves over 48,890 active borrowers who have used the library to sign out more than 708,362 items in the past year. In an average month the public internet stations are used 5,152 times and the wireless network is accessed more than 6,200 times. This is in addition to the thousands who use our Reference resources in the Library with the assistance of the staff, and who come to the library to attend programs offered for children and adults, to view exhibitions of local artists or to attend activities in the library meeting rooms. Use of the Library Website and the Historic Niagara Digital Collections continues to increase monthly. In a typical month more than 512,856 visits are made to our website, to use the databases and resources available there. The Local History pages and resources are accessed from all over the world and serve the demand for information and images about Niagara Falls. Value to City & Community Quantifiable ROI data measures are only beginning to emerge for the value of local Public Libraries, but a quick test on the Library Value calculator on our library website, demonstrates the exponential value of using the library. Beyond the tangibles, the Niagara Falls Public Library delivers value to the community which supports the economy, increases prosperity and contributes to the city's quality of life and livability. Conclusion: Changes in technologies and resources offered are a reality of the service we provide. It is the dedication and hard work on the part of our staff that we are able to continue to offer up to date resources and opportunities to our residents. Yours truly, -/ � /Pi_. Dr. Louis P Visentin Chair, Niagara Falls Public Library Board Niagara Falls Public Library-Operating Budget 2014 18-Dec-13 Approved 2012 Approved 2013 Proposed 2014 REVENUE City Grant-operating $ 3,784,177.00 $ 3,872,739.00 $ 3,944.684.00 City grant-debentures $ 105,118.00 $ 63,713.00 $ 35,460.00 Provincial Grants $ 130,300.00 $ 130,300.00 $ 130,300.00 Federal Grants $ 2,500.00 $ 2,500.00 $ 2,500.00 Library receipts $ 130,000.00 $ 130,000.00 $ 130,000.00 Donations $ 12,000.00 $ 12,000.00 $ 12,000.00 Transfer from reserves S 72,843.00 5 46,300.00 $ 19.069.00 $ 4.236,938.00 $ 4,257,552.00 $ 4,274,013.00 EXPENDITURE Labour $ 2,603,303-00 $ 2,621,592.00 $ 2,669,537.00 Benefits $ 10,413.00 $ 10,653.00 $ 11,958.00 $ 367,667.00 $ 406,636.00 $ 429,188.00 $ 161.812.00 $ 157,450.00 $ 157,450.00 $ 539.892.00 $ 574,739.00 $ 598,596.00 Staff Dev $ 6,350.00 $ 7,000.00 $ 9,960.00 Books/Resources $ 214,760.00 $ 214,760.00 S 184,080.00 $ 53,105.00 $ 53,105.00 S 54,303.00 S 262.865.00 $ 262.865.00 $ 238,383.00 eBooks $ 22,000.00 Digital Subscriptions $ 12,000.00 Software/Electronic Resources $ 55.000.00 $ 55.000.00 $ 43,000.00 $ 77,000.00 Hardware S 19,500.00 $ 19,500.00 $ 23,000.00 Facilities: Materials S 90,000.00 $ 90,000.00 $ 90,000.00 Utilities Hydro S 135,600.00 $ 135,133.00 $ 125,544.00 Water S 9,000.00 $ 11,406.00 $ 11,750.00 Gas S 22,500.00 $ 18,733.00 $ 19,000.00 Phone/Data 5 20,000.00 $ 22,440.00 S 19,100.00 $ 187,100.00 $ 187,712.00 $ 175,394.00 Rent S 91,746.00 $ 94,869.00 $ 95,268.00 Contracted Services other $ 6,600.00 S 6,600.00 $ 6,600.00 Audit $ 9,000.00 S 9,000.00 S 8,000.00 Facilities S 7,900.00 S 7,900.00 $ 7,345.00 Software $ 54,409.00 S 60,962.00 $ 62,204.00 $ 77,909.00 $ 84,462.00 $ 84,149.00 Insurance $ 53,655.00 S 51,600.00 $ 51,726.00 Other Materials $ 112,200.00 S 112,200.00 $ 112,200.00 Mail $ 7,800.00 $ 7,800.00 $ 7,800.00 $ 120,000.00 $ 120,000.00 $ 120,000.00 Transfer-Reserves $ 10,000.00 $ 10,000.00 $ 1,000.00 Transfer-Capital $ 14,500.00 $ 14,500.00 $ 14,500.00 Debt Charges $ 105,118.00 $ 63,713.00 $ 35,460.00 $ 4,236,938.00 $ 4,257,552.00 $ 4,274,013.00 variance $ - Dean Iorfida From: Big Brothers Big Sisters of Niagara Falls <jon.braithwaite @bigbrothersbigsisters.ca> Sent: Wednesday, January 15, 2014 12:16 PM To: Dean Iorfida Subject: Kids Matter! Greetings! On behalf of Big Brothers Big Sisters of Niagara Falls, we'd like to wish you a wonderful 2014! As a past participant in our annual Tim Hot-tons Bowl For Kids Sake, you are aware how important mentoring programs are for children and youth in our community. Last year marked 100 years of Big Brothers Big Sisters programming in Canada. and the organization placed major emphasis in researching the impact having a volunteer mentor has on children and youth. While some of the demonstrated outcomes were expected based on previous research, some of the information gleaned from the research provided even further proof that mentoring works! For example. did you know: - Girls with a Big sister are 7.s times more likely to he confident at school? - Mentored boys are more likely to believe that school is fun, and doing well is important? - 98% of mentored youth report that they believe they make good life choices? In fact. one further statistic confirms even further what we have said all along —that mentored youth simply do better. The Boston Consulting Group found that mentored children will earn, on average, 8315,000 more in their lifetime. This is simply astounding, and wouldn't be possible without the support of our volunteer mentors, and those who participate in our crucial fundraising campaigns. You have participated in our"Tim Hortons Bowl For Kids Sake before, and we hope you will consider doing so once again. It's fun, it's easy. and most of all, it means the world to children in Niagara Falls. Big Brothers Big Sisters of Niagara Falls Tim Hortons Bowl For Kids Sake Saturday, February 22nd 3 convenient bowling times —4:00, 6:00, and 8:00 p.m. We are looking forward to seeing you out on the lanes. This year. we will be celebrating Canada's anticipated medal haul at the Sochi Olympics, so be ready to sport your patriotic gear as our theme this year is Celebrating Canada's Olympic Spirit. Register now at http:! ri .!y 'I m71JO1. and get rolling! Sincerely. Jon Braithwaite Executive Director Big Brothers Big Sisters of Niagara Falls 1 Mailing Address: Big Brothers Big Sisters of Niagara Falls 7150 Montrose Road Unit 7 Niagara Falls, Ontario LZH 3N3 CA Contact Name: Jon Braithwaite Telephone Number: (905) 357-5454 You are receiving this email as a past participant of a Tim Hortons Bowl For Kids Sake event. '?l',I?'.itie 1/4ourself from this mailing. R;r ourself from all mailings from Niagara Fails Big Brothers Big Sisters. 2 I HA iD S RE 2-4129 Stanley Avenue Niagara Falls Ontario L2E 7H3 Our Community At Work W: www.projectshare.ca E: info@pr ' a P:905-357-5121 F: 905-357-0143 City of Niagara Falls 4310 Queen Street n f' c:: Niagara Falls, Ontario D RECDORS L2E 6X5 Brian Pellow Chairman December 9`h, 2013 • Tom Snodgrass Vice Chair Jim Ferraro To Whom This May Concern, Past Chairman Bart Mayes Project SHARE is introducing a new fundraising initiative called Coldest Night of the Year on City Council Representative February 22"d, 2014.The event is a 2, 5 and 10km walk and provides participants with the Mick Wolfe opportunity to experience a hint of the challenges faced by those experiencing homelessness, Treasurer while raising much needed revenue for our organization. Niagara Falls residents will walk with Paisley Janvary-Pool 63 other cities, who are raising money for their local charities as well. Secretary Ernie Bagnulo The purpose of this event is to create awareness and raise needed funds for Project SHARE. Elaine Christenson The goal is to raise $25,000.St. Andrew's Church at 5645 Morrison Street will be the start& Denise Desiariais g Lori Lococo finish location for this event.We are confident that the event will be a success for not only Anna Luciano Members Project SHARE, but for other charities that will be included, as well as for the city of Niagara Elaine Pihach Falls. A tentative detailed list& route map is attached with this letter in regard to the Executive Director particulars that will be involved with this event. Karen Stearne Selina Volpatti At this point, we are requesting that we are able to make a presentation to Council in regard Honourary Members to this event in January 2014. At that time, we would like to ask the City of Niagara Falls to enter a team into the Coldest Night of the Year walk. We can ensure Council and the residents of Niagara Falls that this event will be beneficial for all involved. Niagaraf fills Thank you in advance for your assistance on this matter. N Region BuiWmg Community Building Lies Onnrio Sincere ly Trillium 7-!--2 rToOn i o Foundutcn 1/4 de!Ontario ta, Brian Pellow United Way Nlxyr,Falls and Chairman of the Board Greer Fort Ervr REGSTERED CMRRIT NUMBER 'G/6616_^9RR3GL, - A measure at a community is now It treats those who are disadvantaged Event Title: Coldest Night of the Year Purpose: • To raise $25,000 for Project SHARE emergency programs Event Itinerary: • Participants will begin registering at St. Andrew's Church at 4:00pm on February 22nd, 2014 • Walk will begin at 5:15pm (see map attached below) • A hot meal of soup or chili will served as walkers return to St.Andrew's Church • Route closes at 8pm • Volunteers trained in first aid will be driving the route with first aid kits • Trail portion of the route will be safely lit • Project SHARE will be a rest stop, equipped with rest rooms for walkers, along with a place to warm up &grab a hot beverage .. ..; N San°aIL Pr,Mic '-';Z4 T S Park uor"e,erfo c, - schod it .rr a�� i :gat-Vega mlo,r, n cM n .h M1 ,7,;: Park ' T _ ay.., CW Palm, - -:Nnrplui PYk „it, I ... rnrk - - N q MI Via Cit.'Rad EE . 3 .:M' >ne 1 Ps, 3 • ar..,., Dean Iorfida From: Kristine Elia Sent: Monday, January 13, 2014 12:10 PM To: Dean Iorfida Cc: Carey Campbell Subject: January 28th Council Meeting Presentation Request Hi Dean Please see the correspondence below, the Mayor would like to bring Tony Williams to Council to recognize him for his efforts. Tony Williams would also like to make a presentation of the picture to the Mayor. The next available Council meeting would be January 28, 2014, I can call Mr. Williams to see if that would works for him if that works for us. Please advise. Many thanks Kristine From: Jim Diodati Sent: Monday, January 13, 2014 10:29 AM To: Tony Ricciuto Cc: Carey Campbell; Kristine Elia Subject: Re: Niagara Falls photo goes viral I would love to do that Tony. and ironically had already sent a note to our office to do something nice to recognize their efforts...Both Tim Williams! Mayor James M. Diodati City of Niagara Falls,Canada Sent From Samsung Mobile Original message From: Tony Ricciuto Date:01/13/2014 10:16 AM (GMT-05:00) To: Jim Diodati Subject: re: Niagara Falls photo goes viral Hi Jim: Tim Williams, the man from Niagara Falls who took that frozen picture of Niagara Falls with the 3 million views would like to present you with an enlargement of that photo...any chance something could be set up so that he could swing by some council night and present it to you...that would also give you a chance to recognize his effort for keeping Niagara Falls on the front burner around the world. His phone number is 289-241-2249 in case you wish to deal with him directly. [any Ricciuto Reporter, Niagara Falls Review tonv.ricciutotsunmcdia.c_a 905-358-5711, ext. 1 132 1 Dean Iorfida From: Jim Diodati Sent: Monday, December 23, 2013 2:16 PM To: 'olivierjansen-reynaud'; Jim Diodati Cc: Veronica Rudan; Kristine Elia; Dean Iorfida Subject: RE: Friday CROOKIE That would be awesome, Olivier! I've keyed in Kristine in my office as well as Dean Iorfida our City Clerk to help arrange the details. See you in the new year! Jim Mayor City of Niagara Falls 905 356 7521 x 4201 jd N(ld Li niagdrdfaiis.Cd Follow me on 6 .0 You sia Original Message From: olivierjansen-reynaud [mailto:clafouti @bellnet.ca] Sent: Monday, December 23, 2013 2:14 PM To: Jim Diodati Cc: Veronica Rudan Subject: Friday CROOKIE Mr Mayor Diodati I was a pleasure for Veronica and myself to meet you Friday night , I have attached the website for my patisserie in Toronto where you can find all the information about THE CROOKIE, a hybrid dessert created by Veronica and I this summer that in turn went viral and placed Ontario on the food map. Recently a US based media website called THE CROOKIE one of the top 10 food trends for 2013 As per our conversation I would be honoured to bring some to the city council in January, I think it would be fun for all. Thank you kindly and wising you and your family all the best for the holidays r Z Z Z G) 1 Ri m co /rA-t, PBD-2014-05 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-05 26T-11-2013-002 & AM-2013-017 German Village Estates Draft Plan of Subdivision and Zoning By-law Amendment Application 6854 Garner Road Owner: 800460 Ontario Ltd. (Eric Henry) Agent: Al Heywood, Matthews Cameron, Heywood Surveying Ltd. RECOMMENDATION 1. That the German Village Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix "A". 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By-law be approved subject to placing the rear 10 metres of lots 6 to 10 inclusive under an Environmental Protection Area (EPA) zone, as detailed in this report. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 800460 Ontario Ltd. (Eric Henry) has applied to subdivide the lands known as 6854 Garner Road (Former German Village) into 30 lots for single detached dwellings. He has also applied to amend Zoning By-law No. 79-200 to provide the necessary regulations to guide the construction of dwellings on the lots. Planning Staff recommends the applications, subject to placing the rear 10 metres of lots 6 to 10 inclusive under an EPA zone, for the following reasons: • the proposal complies with Provincial and Regional policies with respect to achieving minimum density targets in the designated Greenfield Area; January 28, 2014 -2 - PBD-2014-05 • the proposal complies with the City's Official Plan and the Garner Neighbourhood Secondary Plan with respect to residential densities and housing mix; and • the PSW to the north of the subject lands will be protected by the proposed EPA zone and by the conditions of subdivision approval. The conditions of approval are listed in Appendix "A". BACKGROUND Proposal The applicant has applied to subdivide the 2.2 hectare (5.4 acres) parcel, known as 6854 Garner Road, which was formerly the location of the German Village club (see Schedule 1). The plan will subdivide the land into 30 lots for single detached dwellings. Schedule 2 shows the design of the proposed plan of subdivision. The applicant has also applied to amend the zoning of the parcel. The lands are currently zoned Institutional (I), in part, and Development Holding (DH), in part, in accordance with Zoning By-law No. 79-200. The zoning of the lands is requested to be changed to the Residential Single Family 1 E Density (R1 E) zone with site specific regulations requiring a minimum floor area for the dwellings, and requiring the dwellings to have a 2 car garage. In addition, a site specific regulation has been requested for lots 6 to 10 inclusive to require all buildings, structures and swimming pools to be set back 10 metres from the rear lot line. Surrounding Land Uses The subject lands are occupied by a building that served as the location of the German Village club. Associated with this building is a parking area along Garner Road and to the north and south of the building, a rear yard amenity area that includes a swimming pool, accessory building and landscaped areas, and a lighted athletic playing field to the rear. A number of mature trees exist in the rear yard amenity area and along the lot lines around the periphery of the athletic field. Single detached dwellings exist to the south and east of the subject lands. A single detached dwelling exists to the north. The rear portion of this lot and lots to the north are largely wooded and occupied by a Provincially Significant Wetland. The lands on the opposite side of Garner Road are outside the City's urban area boundary. Circulation Comments • Regional Municipality of Niagara - No objections from a Provincial or Regional perspective. Regional staff are satisfied that the City is monitoring the densities in the designated Greenfield Area and that City will be able to meet its overall Greenfield density target. - Conditions are requested to address servicing capacity, a Record of Site Condition, a warning clause to advise of nearby agricultural uses, potential heritage resources and waste collection. These conditions are included in Appendix 1. January 28, 2014 - 3 - PBD-2014-05 • Niagara Peninsula Conservation Authority - No objections. To address the protection of the adjacent Provincially Significant Wetland(PSW) to the north, the site specific zoning for lots 6-10 inclusive should include provisions requiring assessment by the NPCA for development, removal of natural vegetation or site alteration within the 10 metre buffer proposed on these lots. - Conditions are requested to require a Tree Preservation/Planting Plan which shall include the preservation and establishment of self-sustaining vegetation within the above noted buffer. In addition, conditions are requested to require review of servicing, grading, fencing and construction plans by the NPCA. These conditions are included in Appendix 1. • Fire Services Under unusual circumstances, Fire Services will accept cul-de-sacs that exceed 150 metres in length, such as the proposed subdivision, with additional fire safety measures. These measures are to include sprinklering all houses beyond the 150 metre point or an alternative additional fire safety measure to the satisfaction of Fire Services. A condition to this effect has been included in Appendix 1. • Municipal Works, Transportation Services, Parks Design, Enbridge Canada, Bell Canada, Canada Post No objections. Requested conditions included in Appendix 1. Neighbourhood Open House A neighbourhood open house was held on November 25, 2013. Eight neighbours were in attendance. The residents had questions and expressed concerns about drainage impacts on surrounding properties, fencing along the periphery of the subdivision, rear yard setbacks, minimum dwelling sizes and the timing of construction. Residents expressed a desire that the proposed dwellings be consistent with surrounding development in terms of character, size and setbacks. The landowner to the north expressed concern about fencing along the north lot line to prevent trespass onto the wetland feature on his land. One resident objected to the loss of open space. The applicant noted that to mitigate impacts on surrounding properties storm water would be diverted to swales and catchbasins. Existing fencing would not be disturbed provided that it did not encroach on the subject lands. Fencing would be erected along the north property line, abutting the PSW, if required by the Niagara Peninsula Conservation Authority. In response to concerns about the dwelling sizes the applicant stated he would request minimum floor area requirements for the dwellings. City staff confirmed the rear yard requirements would be the same as surrounding development, save and except where dwellings abut the Provincially Significant Wetland. The applicant also confirmed that, should Council approve the applications, servicing of land is anticipated to commence in late Spring, and the subdivision is anticipated to be built-out in 3 years. January 28, 2014 -4- PBD-2014-05 ANALYSIS/RATIONALE 1 . Provincial Policy Statement and Growth Plan The subject lands are located in the City's greenfield area. Provincial policies require minimum density targets to be achieved in these areas. The Region, who oversees the implementation of Provincial policies, has determined that an average density of 53 persons/jobs per hectare is to be achieved in the City's greenfield area. Similar to other subdivisions consisting of larger single detached lots, the proposed subdivision has a low density of 13.5 units per hectare. However, 2011 census figures indicate that the greenfield areas of the City have been achieving higher than average densities of 3.45 persons per dwelling unit and once home employment figures (1 job per 10 residents based on Region wide statistics) are factored in, a density of 51 persons and jobs per hectare is anticipated. The Region is satisfied the plan is consistent with Provincial and Regional policies and has no objections to its approval. 2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan designates the land as Residential. Residential lands are intended to be developed with a variety of compatible housing forms to provide a full range of housing opportunities to meet the needs of residents. Low density forms of housing are expected to be the primary form. The proposed development consists of larger single detached lots that are in keeping with the size of the surrounding lots. The proposed density conforms to the Official Plan. The future dwellings will provide housing opportunities for a segment of the population. A housing mix target of 70% single/semi-detached units and 30% multiple residential units is specified for the Garner Neighbourhood. While the subdivision will only contribute to the supply of single detached units, Staff is satisfied that the desired overall housing mix will be able to be achieved once the neighbourhood fully develops. Currently, the Garner Neighbourhood Secondary Plan has achieved a density of 49 persons and jobs per hectare, which is a bit below Provincial and Regional targets. Once parcels approved for multiple units are developed, the City is expected to meet its targets. 3. Zoning By-law Amendment The subject lands are currently zoned Institutional (I), in part, and Development Holding (DH), in part, in accordance with Zoning By-law No. 79-200. The zoning of the lands is requested to be changed to a Residential Single Family 1E Density (R1E) zone to guide the development of the lots. To ensure single detached dwellings are built on the lots that are in keeping with those that abut the proposed subdivision, the applicant has requested the inclusion of site specific regulations to require dwellings be built with minimum floor areas of 139 square metres (1500 square feet) for a bungalow or 1 1/2 storey dwelling and 186 square metres (2000 square feet) for a 2 storey dwelling and to require each dwelling to include a 2-car private garage. Dwellings with a minimum floor area of this size and with 2 car January 28, 2014 - 5 - PBD-2014-05 garages are expected on lots that are the size of the proposed lots. Therefore there are no concerns with these regulations. To protect the wetland to the north of lots 6 to 10, the applicant has proposed site specific regulations for these lots that would require all buildings, structures and swimming pools to be located at least 10 metres from the rear lot line. This setback was recommended by the applicant's environmental consultant to protect the integrity of the PSW and the roots of the trees within this PSW. To compensate for the loss of building envelope resulting from this setback, the subdivision has been designed to make lots 6 to 10 about 9 metres deeper than a typical lot. This depth is sufficient to accommodate the dwelling and to locate rear yard accessory structures and features (deck, sheds, in-ground swimming pools) associated with dwellings outside the 10 metre buffer. The NPCA have requested that there be zoning regulations prohibiting site alteration and vegetation removal within the above noted buffer area unless an assessment is done to their satisfaction. To effectively incorporate this request the 10 metre buffer should be placed under an Environmental Protection Area (EPA) zone with provisions to prohibit buildings and structures and prevent site alteration and vegetation removal without NPCA's approval. The proposed EPA zone would not impose more stringent requirements than those proposed by the applicant and requested by the NPCA. However the EPA zone would better communicate the need to maintain the buffer and the features on it to future land owners. A condition of subdivision approval has been added to Appendix"A" advising of this regulation. 4. Subdivision Design and Conditions of Approval The subdivision provides 30 lots on a cul-de-sac proposed off of Garner Road. The proposed cul de sac is about 210 metres in length. According to the City's Official Plan, streets that terminate in a cul-de-sac are not normally to extend beyond 150 metres. Accommodations for a through-street from St. Michael Avenue were not sought because the subject lands were not anticipated to be developed as a subdivision. Since the lands to the south and east are developed and the lands to the north occupied by a Provincially Significant Wetland (PSW), providing a second means of access into the subdivision is not feasible. In spite of the policy against long cul-de-sacs, the City continues to receive subdivision applications that include them. In some cases developers have agreed to alter the design of their plans to reduce the length of these streets (i.e. Deerfield Phase 10 Subdivision along Kalar Road south of Lundy's Lane). In others, developers have agreed to include requirements that the dwellings on the lots beyond 150 metres be sprinklered (i.e. proposed subdivision by Fernando Pingue on the east side of Montrose Road across from Charnwood). In older subdivisions, parking prohibitions were agreed upon in an attempt to ensure access in case of an emergency. Fire Services has recommended that either dwellings beyond 150 metre from Garner Road be sprinklered or alternative means of fire protection be proposed by the developer to the satisfaction of Fire Services. Although the sprinklering of dwellings is not specified in the Official Plan, Ontario Building Code or Fire Code, Fire Services is of the opinion that this additional level of protection is necessary to ensure the safety of residents in the subdivision. A condition to address this is included in Appendix "A". January 28, 2014 -6 - PBD-2014-05 The Niagara Peninsula Conservation Authority(NPCA) has identified a PSW on the lands to the north of the subject lands. This PSW abuts the subdivision in the vicinity of lots 6 to 10. To ensure the protection of the PSW, the NPCA has requested a 10 metre buffer as a condition of approval to protect the existing vegetation and a planting plan to enhance the vegetation in the buffer area. The conditions of approval also specify the need for limit of work fencing to prevent any disturbance in the buffer area during construction. As the PSW extends beyond these lots and is located close to this lot line to the back of the subdivision, chain link fencing should be required along the rear lot lines of lots 6 to 14 inclusive to prevent disturbance of the PSW and address the concerns of the neighbour about trespass onto this feature. A condition has been added to this effect. The proposed subdivision will be serviced by a storm sewer (to be extended from Joseph Court through an easement established for this purpose) and a sanitary sewer to be extended northward along Garner Road to the proposed street. Conditions of approval will secure these works and will require the developer to submit a stormwater management scheme to ensure surrounding property owners are not adversely impacted by storm run-off from the subdivision. The balance of the conditions are standard conditions of subdivision approval and include the dedication of cash-in-lieu of parkland, the dedication of necessary road widenings and daylight triangles, provision of utilities to the subdivision and the naming of the street (Black Forest) to the satisfaction of the City. These conditions are included in Appendix "A". FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Subdivision Plan • Appendix A - Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Dir for of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce Attach. S:PDR\2014\PBD-2014-05. 26T-11-2013-002&AM-2013-017,German Village Estates Draft Plan of Subdivision.wpd January 28, 2014 -7 - PBD-2014-05 SCHEDULE 1 LOCATION MAP Subject Land t .ta 7 1:2351 Cc 1 5 Z . i i - pi p GARNER ROAD --- T n I i N 1 ex 1 R ■ y „ -..i MCGARR • DP MC3ARRr OR Amending the Zoning By-iaw No. 79-200 November 2013 Location: 6854 Garner Road Applicant: 800460 Ontario Ltd. 26T-11-2013-02/AM-213-017 January 28, 2014 -8 - PBD-2014-05 SCHEDULE 2 _ ..T_ t,:.:._, L nil R >A 9 ii -- a. pa f 6r, o i " gt . I. S t Ri ^ 3. a 4 III !- 4 4. I ! Fei 4 4 al ! ! .. 'I! ! Si; 4 . y cat t 41' i ntlii ? ! d - - f n p.; ? !'I r ii, , A ! ! .4 t : 4 A _ .� 1 . i r. --_.._ '� I ... -. - - _ j.. .' x 1J 4 r ■ {I 1 4 --. !. ! g'. G _. ' —_�� -r _r . ." A. 3 January 28, 2014 - 9 - PBD-2014-05 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the German Village Estates Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated October 21, 2013, showing 30 lots for single detached dwellings. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadways and sidewalks to municipal requirements; (b) dedication of a 3 metre road widening along the frontage of Garner Road (Block 31 on the draft plan) as a public highway; (c) dedication of daylighting triangles with 7 metre legs at the intersection of Street A (Black Forest) and Garner Road; (d) dedication of the road allowance to the City as public highway, and the street name (Black Forest) to the City's satisfaction; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the City Engineering Standards Manual as amended; (f) sump pump discharges directed to the storm sewer; (g) provision of an overland stormwater flow route, designed and constructed in accordance with the City Engineering Standards Manual as amended; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the City Engineering Standards Manual as amended. 5. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 6. That the Subdivision Agreement contain measures requiring that dwellings located beyond the 150 metre distance from Garner Road be sprinklered, or requiring the implementation of alternative fire protection measures to the satisfaction of Fire Services. 7. The developer demonstrate to Fire Services'satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations prior to obtaining Building Permits. 8. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on both sides of roadways with an asphalted width of less than 8 metres and on one side of roadways with an asphalted width of less than 9.15 metres. January 28, 2014 - 10 - PBD-2014-05 9. The "no parking" signs required under Condition No. 8 above be located to the satisfaction of Transportation Services. 10. The developer submit servicing plans to Municipal Works and Fire Services for review and approval. 11 . The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 12. The developer grant the City and public utility companies any easements required to service the subdivision. 13. The developer provide tender documents and digital data in accordance with the Niagara Peninsula Standard Contract Document format and Regional and City CAD standards to be submitted to the City for compliance to current PSAB requirements. 14. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $300 per tree for this provision, in accordance with the City policy. 15. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 16. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 17. That a Tree Preservation/Planting Plan, illustrating trees to be saved and trees to be removed, be prepared by a qualified arborist or landscape architect to the satisfaction of Parks Design. This tree preservation plan is to incorporate the measures recommended in the Environmental Impact Study as prepared by LCA Environmental Consultants, August 2013. 18. That, should the developer propose any landscaping, fencing or entry features, the developer submit a landscape plan and details to the satisfaction of Parks Design. 19. The developer receive final approval of the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 20. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 21 . The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 22. That the developer agree, in the subdivision agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. January 28, 2014 - 11 - PBD-2014-05 23. That a Community Mail Box (CMBs) be located next to the rear of lot 1, facing west, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 24. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box (CMB), and that the developer will be responsible for officially notifying affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 25. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, timing of construction and identification of CMBs and related works on engineering servicing drawings. 26. The following wording be added to the subdivision agreement: "800460 Ontario Ltd. covenants and agrees to provide the City of Niagara Falls with evidence that satisfactory arrangements, financial or otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and as shown on the approved engineering design drawings/draft plan, at the time of sidewalk and/or curb installation. The developer further covenants and agrees to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB, provided 800460 Ontario Ltd. has paid for the activation and equipment installation of the CMBs." 27. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 28. The developer provide Enbridge Gas Distribution the City approved road cross- sections showing all utilities in the proposed configuration. 29. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 30. The developer provide Enbridge Gas Distribution Inc.with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 31. The developer provide a letter of credit or enter into a legal agreement for the water and wastewater portion of the Regional Development Charges within 12 months of Draft Plan Approval (or Extension) of the plan of subdivision, unless evidence of a complete Ministry of the Environment application for servicing has been made within this time, to the satisfaction of the Niagara Region Public Works Department (Development Services Division). 32. Prior to final approval for registration of this plan of subdivision, the developer submit the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Environmental Compliance Approval under the Transfer of Review Program to the satisfaction of the Niagara Region Public Works Department (Development Services Division). January 28, 2014 - 12 - PBD-2014-05 33. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Niagara Region Public Works Department (Development Services Division) and that the developer ensure that all streets and development blocks can provide through access. 34. Following completion of any site remediation, if required, the owners shall file a Record of Site Condition (RSC) on the Ministry of the Environment's Brownfields Environmental Site Registry in accordance with the Ontario Regulation 153/04 and shall provide the Regional Public Works Department (Development Services Division) and the City of Niagara Falls with a copy of the Ministry's acknowledgement of the filing of the RSC. 35. That the following warning clause be included in the subdivision agreement between the developer and the City of Niagara Falls and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit: "Purchasers/Tenants are advised that due to the proximity of this development to designated agricultural lands,future agricultural activities may result in impacts(e.g. noise, dust and/or odour) that may occasionally interfere with some activities of the dwelling occupants." 36. That the following clause be included in the subdivision agreement between the developer and the City of Niagara Falls: "Should deeply buried archaeological remains be found on the property during construction/grading activities that the Ministry of Culture should be notified immediately. In the event that human remains are encountered during construction/grading, the developer must immediately contact both the Ministry of Culture and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services." 37. That prior to approval of the final plan or any on-site grading, the owners submit to the Regional Development Services Division for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitable qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991 : a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Development Services Division regarding the approval of these plans and the subsequent clearance or related conditions by Regional staff. A technical review fee is applicable. 38. That a Tree Preservation/Planting Plan be submitted to the Niagara Peninsula Conservation Authority (NPCA) for approval. This Plan is to establish the planting of self sustaining vegetation within the 10 metre setback from the Provincially Significant Wetland (PSW) to the north on lots 6 to 10 inclusive. Existing trees and vegetation are to be retained within this buffer. January 28, 2014 - 13 - PBD-2014-05 39. That black vinyl chain link fencing along the north lot line of lots 6 to 14 inclusive be provided to the satisfaction of NPCA and shown on detailed construction drawings. This fencing is to be installed prior to occupancy of the proposed dwellings. 40. That detailed grading and drainage, storm servicing and construction sediment erosion control plans be circulated to the NPCA for review and approval. The sediment erosion control plans are to identify any limit of work fencing in accordance with NPCA requirements. 41 . That the subdivision agreement contain a warning clause, to be placed on the title of lots 6 to 10 inclusive, advising future owners of the Environmental Protection Area (EPA) zoning which applies to the rear 10 metres of these lots. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 22 Canada Post for Conditions 23 to 26 inclusive Enbridge Gas Distribution Inc. for Conditions 27 to 30 inclusive Regional Municipality of Niagara for Conditions 31 to 37 inclusive Niagara Peninsula Conservation Authority for Conditions 38 to 40 inclusive Am- Zo13-O/7 ZOn i Director, - V Planning &Development, City Hall, Niagara Falls RE :6854 Garner Road (Assessment Roll no:2725-100-006-07000) This letter is with regards to your notice, Hereby we strongly oppose to proposed zoning by law amendment , as when we purchased our house i.e. 6847 St Michael Avenue ,we paid premium ,so that we do not have backyard neighbours . By having a new sub division in our backyard—we will be loosing value in our property not to mention our peace of mind. We strongly request not to go ahead with proposed zoning by-law amendment, If there is any questions, feel free to contact me f i/tu- 1- S? f14"- Harinder Pal Singh Saini (Dr.) 6847 St Michael Avenue Niagara Falls,Ontario A6/ 2--c 2643 L2h0A2 d ai-lr / Ph no 905 371 8377 &f4V &or Obli L 'Yr�) NOV 262013 PLANNING & DEVE! C::PMENT /flf PBD-2014-01 Niagaraflalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-01 26CD-11-2013-003 Plan of Condominium (Vacant Land) 6570 Frederica Street Applicant: Marken Homes and Construction (Fausta Marandola) Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. Proposed: 40 Unit Vacant Land Condominium RECOMMENDATION 1 . That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Marken Homes and Construction is proposing to develop the property into a Vacant Land Condominium (Condominium), which would include a total of 40 townhouse dwelling units under individual ownership. Planning staff recommends the application for the following reasons: • the development is permitted by the Official Plan and site specific zoning and will be compatible with surrounding land uses; • the Condominium will provide housing choices to City residents and will contribute to the City's required 3 year short term housing supply; and • City and Regional interests will be addressed through the fulfilment of conditions contained in Appendix 1. January 28, 2014 -2 - PBD-2014-01 BACKGROUND Proposal The applicant is proposing to develop the 1.3 hectare (3.3 acre) property into a Vacant Land Condominium. The proposed Condominium is comprised of 40 units of vacant land for future townhouse dwellings and includes common element areas. Access to the condominium will be from Prince Edward Avenue and Cook Street. The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)- 991) in accordance with Zoning By-law No. 79-200 as amended by Zoning By-law No. 2013-135. This zoning permits townhouse dwellings and semi-detached dwellings on the land with site specific development standards. The by-law contains a holding (H) symbol requiring the submission of a noise study and Environmental Site Assessments and the filing of a Record of Site Condition with the Ministry of Environment. These conditions have been met and the removal of the holding (H) symbol is recommended in Staff Report PBD-2014-04, which is on tonight's agenda for consideration. The lands were sold by the City to 800460 Ontario Limited (Fred Costabile) last year. There is now an agreement to sell the lands to the applicant. Surrounding Land Uses Most of the lands were formerly occupied by the Stamford/Jack Bell arenas (which have been demolished) and associated parking and landscaping areas. A small portion of the lands were formerly occupied by Prince Edward Park. The property slopes gradually in a south to north direction (Cook Street to Frederica Street). There are some trees close to Prince Edward Avenue and along Frederica Street. The surrounding properties are developed primarily with single-detached dwellings. A vacant parcel of land on the north side of Frederica Street across from the subject lands is intended to be developed with semi-detached dwellings. Highway 420 is located further to the north of this vacant parcel. Prince Edward Park exists to the southwest of the property at the corner of Prince Edward Avenue and Cook Street. Circulation Comments • Region of Niagara - No objections subject to the incorporation of conditions to address servicing capacity, noise mitigation measures and waste collection. These conditions are included in Appendix 1. • Municipal Works, Parks Design, Fire Services, Canada Post, Bell Canada - No objections. Requested conditions included in Appendix 1. • District School Board of Niagara, Niagara Falls Transit, Transportation Services - No objections. January 28, 2014 -3 - PBD-2014-01 ANALYSIS/RATIONALE 1. Official Plan The subject lands are designated Residential in the City's Official Plan and are intended to be primarily developed for housing. The lands can be considered for medium density forms of housing up to 50 units/ha because they are located on a collector road. The density of the proposed development is 33 units per hectare which is well within the permitted density. 2. Zoning By-law The property is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)- 991) with site-specific regulations. The proposed townhouses conform to this zoning. The zoning by-law contains a holding (H) provision to prevent their development until environmental site assessments and a noise study have been submitted to the satisfaction of the Regional Municipality of Niagara and a Record of Site Condition has been filed with the Ministry of Environment. These studies have now been submitted and filed, and there is a report on tonight's agenda (PBD- 2013-04) to lift this holding provision. 3. Plan of Condominium and Conditions of Approval The layout of the proposed plan is the same as the layout presented to Council as part of the Zoning By-law approval last year. The scale, height and setbacks of the proposed dwellings are compatible with the surrounding development. The development will necessitate the removal of trees on the property's frontage along Prince Edward Avenue; a condition of the approval will require the collection of funds for future tree planting in part to replace these trees. Although the City meets the short term (3 year) supply of housing mandated by the Planning Act, the development will assist in contributing to this supply for future housing needs. When the lands were sold by the City last year the City agreed not to require the dedication of land for park purposes for future development. This condition does not preclude the payment of cash in lieu of parkland dedication. Therefore (typical of any condominium where parkland has not already been dedicated) there is a condition requiring the payment of cash in lieu of parkland. The recommended conditions of approval for the Condominium are included in Appendix 1. Most of these conditions are typical for the approval of a vacant land condominium, and include requirements for the submission and approval of site servicing/grading, landscaping and lighting drawings, fencing to screen abutting single detached dwellings, the designation of a fire route, waste disposal, review of drawings for zoning compliance and the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. As the development will be accessed only from Prince Edward Avenue and Cook Street, the street address will need to be changed from Frederica Street to one of these other streets. The conditions also secure the necessary works to address noise mitigation, including January 28, 2014 -4 - PBD-2014-01 a noise fence along Frederica Street, and the provision of air conditioning and minimum building standards for the dwellings along Frederica Street. Site works will be secured through the execution of a condominium agreement. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By-law No. 79-200 as amended. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Draft Condominium Plan • Appendix 1 - Conditions of Draft Plan of Condominium Approval Recommended by: ti` Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I11-11-144 Ken Todd, Chief Administrative Officer A Bryce:mb Attach. S:\PDR\2014\PBD-2014-01, 26CD-11-2013-003,6570 Frederica St, Plan of Vacant Land Condominium wpd January 28, 2014 - 5 - PBD-2014-01 SCHEDULE 1 Location Map Draft Plan of Vacant Land Condominium File 26CD-11-2013-003 Marken Homes and Construction 6570 Frederica Street Location Ma • t 1:1176 3 7 FREDER`C? 5T i x t I x D Li_ CO?OK ST COCKY Y • December 2013 Subject Land January 28, 2014 -6 - PBD-2014-01 SCHEDULE 2 _../. ,— I I ■ 4 . b i .- . --. ._. . W. e .s.; t t t _ e 1 i .. - I 44 S '4 _— A a I ;. I. I z -.- •.. _. ;. .I " • .. < 8 S - -_ i " za k „ . . January 28, 2014 - 7 - PBD-2014-01 APPENDIX 1 Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated November 19, 2013, showing 40 units of vacant land for townhouses as well as common element areas for private roadways and landscaping. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a 1.8 metre high wood fence, along the entire length of the east lot line, and a 1.8 metre high chain link fence where the site abuts Prince Edward Park, all in accordance with City standards. Details of this fencing shall be shown on the landscape plan required by condition 7 to the satisfaction of Parks Design. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing including the required noise fence, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. 8. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 9. All roadways within the subject lands shall be designed and constructed in accordance with City standards. 10. All services within the subject lands shall be designed and constructed in accordance with City standards. 11. The lot grading design and construction shall be completed in accordance to City standards. January 28, 2014 -8 - PBD-2014-01 12. The developer's streetlight scheme shall be designed and constructed in accordance to City standards. 13. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 14. The developer pay the City the necessary funds for the construction of a future sidewalk along the frontage of the subject lands in the amount of $5,600.00. 15. The developer pay the City the required fee of $5,700.00 for boulevard tree plantings/landscaping along Cook Street, Prince Edward Avenue and Frederica Street. 16. The developer pay the applicable development charges in place at the time of the Vacant Land Condominium Agreement execution and Building Permit issuance in accordance with By-law No. 2009-120, as amended. 17. The developer pay to the City the required administration fees including fees for agreement preparation and inspection of works. 18. A Prince Edward Avenue or Cook Street address shall be obtained for the property. 19. The developer submit the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 20. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary 'no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 21 . The municipal fire hydrant located on the land near the corner of Frederica Street and Prince Edward Avenue be relocated to the satisfaction of Fire Services. 22. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 23. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, installation of gas piping and subsequent completion of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. January 28, 2014 -9 - PBD-2014-01 24. A Community Mail Box (CMB) be located next to the rear of unit 6, facing east, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 25. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box (CMB), and that the developer will be responsible for officially notifying affected homeowners of the location of CMBs and any established easements granted to Canada Post to permit access to CMBs. 26. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, timing of construction and identification of CMBs and related works on engineering servicing drawings. 27. Within 60 days of draft plan approval the owners acknowledge to the Niagara Region Public Works Department (Development Services Division) that draft approval of this vacant land condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the vacant land condominium for registration purposes and any pre-servicing will be at the sole risk and responsibility of the owner/developer. 28. Within 60 days of draft plan approval, the owners shall provide the Niagara Region Public Works Department (Development Services Division) with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this Condominium, shall contain a clause clearly indicating that a servicing allocation for this condominium will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the Vacant Land Condominium Agreement between the owners and the City of Niagara Falls. 29. To be eligible for Regional waste and recycling collection, the draft condominium plan is to conform to the Region of Niagara's "Collection of Waste by Way of Entry of Private Property" Policy to the satisfaction of the Regional Development Services Division. The developer/owner shall ensure that all streets within the condominium plan can provide through access and enter into an Indemnity Agreement with the Regional Municipality of Niagara. Based on the current design Units 28 to 30 inclusive and possibly Unit 31 will require separate waste/recycling pads to be located in a suitable location. If waste collection is not to be provided by the Region, the Vacant Land Condominium Agreement shall contain a clause stating that waste collection will be the responsibility of the condominium corporation. The following warning clause shall be included in the Vacant Land Condominium Agreement and inserted into all offers and Agreements of Purchase and Sale (or Lease) for each dwelling to survive closing: "Due to the site design of the condominium plan, waste/recycling collection pads are required for Units 28 to 30 inclusive and possibly Unit 31 to be located in a suitable location to allow for regional waste collection. If waste collection is not to be provided by the Region due to site layout, waste collection for the development will be provided by the condominium corporation through a private contractor" January 28, 2014 - 10 - PBD-2014-01 30. The condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved noise control measures as identified in the Environmental Noise Assessment report, prepared by Valcoustics Canada Ltd., dated July 23, 2013. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 22 Enbridge Gas Distribution Inc. for Condition 23 Canada Post for Conditions 24 to 26 (inclusive) Regional Niagara Public Works Department for Conditions 27 to 30 (inclusive) rj�,,�j r PBD-2014-02 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-02 26CD-11-2013-004 Plan of Condominium (Vacant Land) Hendershot Boulevard, Block 121, Plan 59M-379 (Fernwood Subdivision Phase 2) Applicant: Marken Homes and Construction (Fausta Marandola) Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. Proposed: 30 Unit Vacant Land Condominium RECOMMENDATION 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Marken Homes and Construction is proposing to develop the property into a Vacant Land Condominium (Condominium), which would include a total of 30 townhouse dwelling units under individual ownership. Planning staff recommends the application for the following reasons: • the development is permitted by the Official Plan and site specific zoning and will be compatible with surrounding development; • the Condominium will provide housing choices to City residents and will contribute to the City's required 3 year short term housing supply; and January 28, 2014 - 2 - P80-2014-02 • City and Regional interests will be addressed through the fulfilment of conditions contained in Appendix 1. BACKGROUND Proposal The applicant is proposing to develop the 1.3 hectare (3.2 acre) property into a Vacant Land Condominium. The proposed Condominium is comprised of 30 units of vacant land for future townhouse dwellings and includes common element areas. Schedule 1 shows the proposed plan layout. The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-831) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2008-99. The zoning permits the development of either townhouse dwellings or an apartment dwelling subject to site specific development standards. A Minor Variance application (A-2013-035) has been submitted to adjust a number of development standards. This application was considered by the Committee of Adjustment on January 21, 2014. Surrounding Land Uses The land is a block within the Fernwood Phase 2 Plan of Subdivision, It is currently vacant and slopes slightly down in a north to south direction (Hendershot Boulevard towards Lundy's Lane. Open space, stormwater detention facilities and the CN railway are located to the south- east of the subject lands, while Lundy's Lane is located to the south. Existing and proposed single detached and on-street-townhouse dwellings are located to the north and east. A golf driving range is located to the west. Circulation Comments • Region of Niagara No objections subject to the incorporation of conditions to address servicing capacity, noise mitigation measures and waste collection. These conditions are included in Appendix 1. • Municipal Works Department, Fire Services, Canada Post, CN Rail, Niagara Peninsula Conservation Authority, Parks Design - No objections. Requested conditions included in Appendix 1. • Niagara Falls Transit - No objections. January 28, 2014 - 3 - PBD-2014-02 ANALYSIS/RATIONALE 1 . Official Plan The subject lands are designated Residential in the City's Official Plan and are part of a Special Policy Area designation that encompasses the Fernwood development. The Special Policy Area designation requires the development to achieve a minimum density of 14.8 units per hectare (6 units per acre). The development of the subject lands for medium density housing, such as the proposed townhouses, is necessary to meet the overall density required for the Fernwood development. 2. Zoning By-law The property is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)- 831) with site-specific regulations. This zoning permits townhouse dwellings. Relief from several zoning provisions is necessary to permit the proposed development which are to be reviewed through the concurrent minor variance application. This application (A-2013-035) was considered by the Committee of Adjustment on January 21, 2014. A condition has been added to require this Minor Variance application to come into effect prior to the final approval of the condominium plan. 3. Plan of Condominium and Conditions of Approval The layout includes a private crescent driveway way off of Hendershot Boulevard. The scale, height and setbacks of the proposed dwellings are compatible with the surrounding development. Although the City meets the short term (3 year) supply of housing mandated by the Planning Act, the development will assist in contributing to this supply for future housing needs. Due to the site's proximity to the CN railway and the Redpath facility, noise mitigation measures are required for the development. Noise studies were completed during the development of the Fernwood Subdivision. These studies recommended the berm and the noise fence which have been constructed to the north of the railway line. The studies recommended a further assessment be completed when a development scheme for this block was determined. Therefore, the Region has requested a further noise analysis as a condition of approval. In addition, CN Rail has requested an environmental easement be placed on the land to advise future residents of potential noise and vibration from railway operations. These conditions are included in Appendix 1. The condominium agreement will address any necessary works and warning clauses. The balance of the recommended conditions of approval for the Condominium are included in Appendix 1. Most of these conditions are typical for the approval of a vacant land condominium, and include requirements for the submission and approval of site servicing/grading, landscaping and lighting drawings, fencing to screen an abutting single detached dwelling, the designation of a fire route, waste disposal, review of drawings for zoning compliance and the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. Site works will the secured through the execution of a condominium agreement. January 28, 2014 -4 - PBD-2014-02 FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By-law No. 79-200 as amended. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Draft Condominium Plan • Appendix 1 - Conditions of Draft Plan of Condominium Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: i Ken Todd, Chief Administrative Officer A Bryce Attach S.\POR\2014\PBD-2014-02,26CD-11-2013-004,Hendershot Blvd Block 121 Fernwood Phase 2,Plan of Vacant Land Condominium wpd January 28, 2014 -5 - PBD-2014-02 SCHEDULE Location Map Draft Plan of Vacant Land Condominium File 26CD-11-2013-004 Marken Homes and Construction Block 121, Plan 59M-379 (Fernwood Phase 2) Location Map ,tom 1 2353 C 0.V I n I VCS€CP RCN RAIL LUNDY'S LN December 2013 Subject Land January 28, 2014 -6 - PBD-2014-02 SCHEDULE 2 i�)1 . �� —y VIII , II ' UNIT 2 ! � -. r .�. . xr• .. '� _i' y Ma :I 'N.S -- �1 , -.lire _ . . ,MS I, M e 8 C MT 7 _ ('' t .,' 7 wars e M 7 i 1 7 i , rww i.•,�° ' �an V January 28, 2014 -7 - PBD-2014-02 APPENDIX 1 Conditions of Draft Plan of Condominium Approval 1 . Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated November 14, 2013, showing 30 units of vacant land for townhouses as well as common element areas for private roadways and landscaping. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. That the concurrent Minor Variance Application (A-2013-035)come into effect under the Planning Act. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a 1.8 metre high wood fence along the lot line that abuts the single detached lot to the north, and black vinyl chain link fencing along other lot lines, save and except the Hendershot Boulevard frontage of the property, to the satisfaction of Parks Design. Details of this fencing shall be shown on the landscape plan required by condition 7. 8. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing including the entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. 9. All roadways within the subject lands shall be designed and constructed in accordance with City standards. 10. All services within the subject lands shall be designed and constructed in accordance with City standards. 11. The lot grading design and construction shall be completed in accordance to City standards. 12. The developer's streetlight scheme shall be designed and constructed in accordance to City standards. January 28, 2014 - 8 - PBD-2014-02 13. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to approval of the plans for construction. 14. The developer pay the City the required fee of $2,100.00 for boulevard tree plantings/landscaping along Hendershot Boulevard. 15. The developer pay the applicable development charges in place at the time of the Vacant Land Condominium Agreement execution and Building Permit issuance in accordance with By-law No. 2009-120, as amended. 16. The developer pay to the City the required administration fees including for agreement preparation and inspection of works. 17. The developer submit the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 18. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary 'no parking' signs. NOTE: parking shall be prohibited on both sides of the access road. 19. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 20. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. 21. That a Community Mail Box (CMB) be located on the south side of the access driveway across from unit 20, facing north, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 22. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box (CMB), and that the developer will be responsible for officially notifying affected homeowners of the location of CMBs and any established easements granted to Canada Post to permit access to CMBs. 23. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, timing of construction and identification of CMBs and related works on engineering servicing drawings. January 28, 2014 -9 - PBD-2014-02 24. To be eligible for Regional waste and recycling collection, the draft condominium plan is to conform to the Region of Niagara's "Collection of Waste by Way of Entry of Private Property" Policy to the satisfaction of the Regional Development Services Division. The developer/owner shall ensure that all streets within the condominium plan can provide through access and enter into an Indemnity Agreement with the Regional Municipality of Niagara. 25. That an updated noise impact assessment prepared and endorsed by a qualified professional engineer be submitted to the Niagara Region Public Works Department (Development Services Division) for review and approval assessing all potential noise impacts on the development and recommending appropriate noise mitigation measures based on final architectural designs and grading plans to reduce noise levels within the development in accordance with the Ministry of the Environment's noise criteria and the Region's Traffic Noise Control Policy (PW5.NO1.0). The Region's Traffic Noise Control Policy requires a 20 year forecast of the road traffic. 26. That the condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved noise control measures required in accordance with Condition 2 above. In addition, the condominium agreement shall address the required 75 metre vibration setback from the CN railway land. 27. That the developer satisfy the requirements of Canadian National Railway Company (CN)with respect to the development, including the granting to CN an environmental easement from operational noise and vibration emissions, registered against the subject property in favour of CN, and satisfy applicable CN Principal Main Line Requirements. 28. That detailed stormwater management, grading and drainage, storm servicing and construction sediment erosion control plans be circulated to Niagara Peninsula Conservation Authority for review and approval. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 19 Enbridge Gas for Condition 20 - Canada Post for Conditions 21 to 23 (inclusive) - Regional Niagara Public Works Department for Conditions 24 to 26 (inclusive) - CN for Condition 27 - Niagara Peninsula Conservation Authority for Condition 28 PBD-2014-04 Niagaraflalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-04 AM-2013-012, Zoning By-law Amendment Application 6570 Frederica Street Applicant: 800460 Ontario Limited (Eric Henry) Removal of Holding (H) Regulations RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation from the subject lands which are currently zoned R4(H)-991. EXECUTIVE SUMMARY • In 2013, Council passed a zoning by-law that allows the lands known as 6570 Frederica Street (see Schedule 1) to be developed for up to 40 townhouse and/or semi-detached dwelling units. The lands were formerly occupied by the Stamford/Jack Bell Arenas. • Council included a holding (H) regulation in the by-law to ensure that studies would be completed to address potential noise impacts from Highway 420 and to address any potential contamination of the site before the lands were developed. • The applicant has completed a noise study, which concludes that dwellings can be built on the land subject to a number of noise mitigation measures, and has completed environmental site assessments and filed a Record of Site Condition, which conclude the site is appropriate for a residential use. • An application for draft approval of a vacant land condominium has been submitted to the City for the lands and is on tonight's agenda for Council's consideration. The conditions of approval for the condominium include the mitigation measures recommended by a noise study. • The holding (H) regulation can be lifted from the by-law because the applicant has satisfactorily completed the necessary studies. The recommended noise mitigation measures will be secured through the conditions of condominium approval. BACKGROUND Proposal The subject lands were formerly occupied by the Stamford/Jack Bell Arenas. In 2013, Council passed Zoning By-law No. 2013-135 to zone the lands Residential Low Density, January 28, 2014 - 2 - PBD-2014-04 Grouped Multiple Dwellings (R4(H)-991). A holding (H) regulation was included in the by- law to ensure the completion of a noise study because of the possibility of noise impacts on future residents from Highway 420, and the potential for contamination from the former arena use. The City sold the lands to the applicant (800460 Ontario Limited) in 2013. The developer has completed the required noise study which concludes that dwellings can be developed on the lands subject to a number of mitigation measures and the inclusion of warning clauses on title. The developer has completed Phase 1 and 2 Environmental Site Assessments and has filed a Record of Site Condition with the Ontario Ministry of the Environment (MOE) which indicate the land conforms to Provincial standards and is suitable for residential use. As such, the holding (H) regulation is requested to be lifted to permit development to proceed. Circulation Comments The Planning Act requires notice of the lifting of a holding regulation to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the lifting of the holding regulation was circulated to the applicant and the Regional Municipality of Niagara. The Region of Niagara has no objections to the lifting of the holding regulation, provided the mitigation measures recommended in the Environmental Noise Assessment are incorporated into the condominium agreement. ANALYSIS The applicant has submitted an Environmental Noise Assessment completed by Valcoustics Canada Limited. The study indicates that the lands can be developed for townhouse dwellings subject to implementing the following measures to meet the minimum noise mitigation standards of the MOE: • Provision for adding air conditioning in Units 17-29 (units that are in proximity to Frederica Street). • Exterior walls and windows for Units 17-29 that meet the minimum non-acoustical requirements of the Ontario Building Code. • The erection of a 1.8 metre high solid sound barrier around the amenity areas of Units 17-28 (units that abut Frederica Street). • Registration of warning clauses, advising future owners/residents of potential noise impacts from Highway 420, on title or included in Offers of Purchase and Sale or leases for Units 17-29. These measures will be secured in the condominium agreement which is a condition of the draft approval of the plan of vacant land condominium. The applicant also submitted Phase 1 and 2 Environmental Assessments and filed a Record of Site Condition with the MOE, which has acknowledged its receipt. These studies indicate potential levels of contamination are within Provincial standards and state the lands are acceptable for residential use. No further measures are recommended. As the requirements of the holding regulations have been met, they can be lifted from the lands. January 28, 2014 -3 - PBD-2014-04 CITY'S STRATEGIC COMMITMENT Removal of the holding regulation will allow the development to proceed, as permitted by the Official Plan and approved by Council. LIST OF ATTACHMENTS Schedule 1 - Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A Brycemb Attach. S.\PDR\2014\PBD-2014-04. Removal of a Holding Symbol,6570 Frederica Street.AM-2013-012.wpd January 28, 2014 -4 - PBD-2014-04 SCHEDULE 1 LOCATION MAP Subject Land I-77SW -1222 4 4 I� i - I F Former Parkland I Amendmq the Zoning 813-law No 79-200 )WY 2013 Location: 6570 Frederica Street Applicant: 800460 Ontaro Ltd. AM-2013-012 PBD-2014-03 Niagaraflirlls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-03 26CD-11-2013-05, Proposed Plan of Condominium 6186 Dorchester Road Applicant: Frank Costantino Construction Ltd. Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd. RECOMMENDATION 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Frank Costantino Construction Ltd. has applied to divide the townhouse dwelling, currently under construction, into 6 units by registering a Plan of Condominium on the lands. Planning staff recommends the application for the following reasons: • the Plan of Condominium will allow individual ownership of the units; • the condominium will provide housing choices to City residents and will contribute to the City's required 3 year short term housing supply; • all applicable planning policies have been applied to the project and there are no outstanding matters that need to be addressed by further public input; and • City interests will be addressed through the fulfillment of conditions contained in Appendix 1. January 28, 2014 - 2 - PBD-2014-03 BACKGROUND Proposal The applicant proposes to register a Standard Plan of Condominium on the 2,348 square metre (0.6 acre) parcel of land known as 6186 Dorchester Road. Refer to Schedule 1 to locate the parcel. Site plan approval was granted last year to guide the development of a 6 unit townhouse dwelling on the lands. The project is currently under construction. The applicant proposes to register a Standard Condominium on the lands to permit individual ownership of the 6 dwelling units. The driveway and landscaped open space will be owned in common by the condominium. Schedule 2 illustrates the layout of the project. Circulation Comments • Regional Municipality of Niagara - No objections. Since Regional waste disposal trucks would have to back-up to exit the site, no on-site collection will be provided by the Region. The development will only be able to receive curbside collection on Dorchester Road. There are no conditions to impose. • Municipal Works, Fire Services - No objections, subject to meeting the conditions listed in Appendix 1 . ANALYSIS/RATIONALE The zoning of the property was changed to a site specific Residential Low Density, Multiple Dwellings (R4-725) zone in 2005 to allow the construction of a 6 unit townhouse dwelling as shown on Schedule 2. Site plan approval was granted for the project last year. Building Permits have been issued and the project is proceeding in accordance with the approved plans. Some overland drainage and silting issues occurred on neighbouring properties early in the construction process as a result of a large storm event. These issues have since been addressed as best as possible at this stage of construction. Final grading and landscaping are still required to be completed. The City is holding a Letter of Credit (LC) to ensure compliance with the Site Plan Agreement. The LC will not be released until all the site works are completed to the City's satisfaction. To ensure site works are completed when ownership is transferred to a condominium corporation, Staff recommend the inclusion of a condition requiring substantial completion and certification of these site works prior to final plan approval. The majority of the standard development issues, including land use, servicing and grading, transportation and landscaping have been addressed in previous Planning approvals (Zoning and Site Plan). Therefore, the conditions of approval are generally limited to the designation of a fire route, the provision of a community mail box and Bell Canada services, provision of any necessary facilities and easements to Enbridge, the payment of cash-in-lieu of parkland dedication, and a final review to confirm zoning and site plan compliance prior to registration of the condominium. With the clearance of these conditions, the proposed condominium will meet all applicable City policies. January 28, 2014 - 3 - PBD-2014-03 Under Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. Matters of public interest where addressed at the zoning approval stage. FINANCIAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium provides for development as envisioned by the City's Official Plan and Zoning By-law No. 79-200, as amended. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Condominium Site Plan • Appendix 1 - Conditions of Draft Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: ILarlitAk Ken Todd, Chief Administrative Officer A.Bryce.mb Attach. S-.\PDR\2014\PBD-2014-03, 26CD-11-2013-05, Frank Costantino Construction Ltd.wpd January 28, 2014 -4 - PBD-2014-03 SCHEDULE Location Map Draft Plan of Vacant Land Condominium File 26CD-11-2013-005 Frank Costantino Construction Ltd. 6186 Dorchester Road Location Map • 2. miKES z r �4. 1{ I LTOKE� December 2013 • Subject Land January 28, 2014 -5 - PBD-2014-03 SCHEDULE 2 I I I I I I t { -1 = I : I 3 January 28, 2014 -6 - PBD-2014-03 APPENDIX 1 Conditions for Draft Plan Approval 1 . Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated November 26, 2013, showing 6 units for townhouses as well as common element areas for private roadways and landscaping. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. That the applicant provide for the planting of three (3) boulevard trees by either planting the trees or providing $900.00 to the City for such planting. 5. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 6. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property. 7. The developer submit to the City all necessary drawings and information to confirm zoning and confirm substantial completion and certification of site works in accordance with the site plan agreement. 8. That a Community Mail Box (CMB) be located on the Dorchester Road boulevard, facing west onto the sidewalk, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale, or provide an alternate means of notifying potential purchasers to the satisfaction of Canada Post if no sales office is used. 9. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box (CMB), and that the developer will be responsible for officially notifying affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 10. The developer satisfy any necessary requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, timing of construction and identification of CMBs and related works on engineering servicing drawings. 11. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. January 28, 2014 - 7 - PBD-2014-03 12. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, installation of gas piping and subsequent completion of landscaping, grading and paving and providing cross section and field survey information, and service and meter installation details. Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Canada Post for Conditions 8, 9 and 10. Bell Canada for Condition 11. Enbridge Gas Distribution Inc. For Condition 12. PBD-2014-06 Niagaraalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-06 CB & FIG-2013-011 to CB & FIG-2013-018 CIP Applications within the Downtown Area Owner: Keefer Developments RECOMMENDATION 1 . That Council approve the Commercial Building & Facade Improvement Grant Applications: CB&FIG-2013-011 (4670-4672 Queen St.) in the amount of $17,855; CB&FIG-2013-013 (4351-4357 Queen St.) in the amount of $20,075; CB&FIG-2013-014 (4664-4666 Queen St.) in the amount of $17,850; CB&FIG-2013-016 (4755 Valley Way) in the amount of $14,675; CB&FIG-2013-017 (4610 Erie Avenue) in the amount of $25,000; and CB&FIG-2013-018 (4786 Queen St.) in the amount of$20,600 subject to the owner satisfying the program requirements including obtaining any required permits or payment of outstanding taxes. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreements. EXECUTIVE SUMMARY The application can be supported because: • the proposed building and facade improvements are eligible under the City's Commercial Building and Facade Improvement Grant Program; • the funding assists in improving the facades of the building in the Downtown and the provision of residential units; and • funding for the City's portion of the grant is available in the Special Purpose Reserve of the Downtown CIP. The approximate unencumbered balance remaining after funding this grant is $296,259. BACKGROUND The City has received Community Improvement Plan applications for 6 properties within the Downtown CIP Area. A Commercial Building and Facade Improvement Grant application has been submitted for each of all 6 properties. In addition, Residential Loan Program applications have been submitted for 3 of those properties which will be considered in a separate report. January 28, 2014 - 2 - PBD-2014-06 Appendix 1 illustrates the location of the applications and Appendix 2 summarizes the grant and improvement estimates and the amount of money eligible for each application under both the City and Regional Programs. No previous grants and/or loans have been given to these properties. Commercial Building and Facade Improvement Grant Applications In most of the cases, facade improvements include power-wash of the brick work, restoration or replacement of the front windows, store fronts and trim. The building improvements include roof repair or replacement. The details of the works to be done are included on Appendix 2 and shown on Appendix 3. The total estimate of improvements to be done under the CB&FIG applications is more than $387,874. The applicant is eligible to receive a facade and building improvement grant of $116,055: the City will provide $60,866 and the Region will provide $55,189. ANALYSIS The works proposed through the subject applications will not only improve the street appeal of these buildings but rehabilitate the structures for commercial and residential use with the repair of leaking roofs and damaged interiors. The attraction of new retail uses and the increase of residents within the Downtown area is the goal of the Community Improvement Plan through its incentive programs and these applications will assist in achieving this goal. FINANCIAL IMPLICATIONS The City's portion of funding will come from the Downtown CIP Special Reserves. This reserve has been established to provide funding for the City's expenses related to non- interest loans and for qualified grants. There are sufficient funds available for the application being considered this evening. The successful approval of the recommended grants will result in an unencumbered balance of $296,259. Downtown CIP Special Purpose Reserve Continuation Schedule Approximate balance unencumbered as of December 2013 $357,125 Less: CB&FIG-2013-011; CB&FIG-2013-013; CB&FIG-2013- $ 60,866 014; CB&FIG-2013-016; CB&FIG-2013-017; CB&FIG-2013-018 Balance Remaining $296,259 CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Downtown CIP and will assist in the ongoing revitalization of the Downtown area. January 28, 2014 -3 - PBD-2014-06 LIST OF ATTACHMENTS • Appendix 1 - Location Map of CIP Applications. • Appendix 2 - Summary of CIP Application requests • Appendix 3 - Facade Photos Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: J�/,��✓i'�T Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. 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E m z cla 3, La Ili¢ c o '' o _ O q o - 3 o ° a .o 3 o 5 G r ED 7 ry r, , m ¢ 3 0 § w a 3 m z a , .3 „ m cc 3 } N w cc L 'w o Q Lu c Q w = .,, ° e c0 1 e I' — z ao z z. � n � z O'1^p r-, z 2 - 1 -n m ni 2 p Q O ry to 2 U m ^L Q ot5 Lcif oc m m �U U U January 28, 2014 - 7 - PBD-2014-06 APPENDIX 3 4670-4672 Queen Street i a 411 J.4 ii!I I tilt ...iiii,:lpilhoii! ii-lie.3.-gi,: ;4:011,,iti ,pt 1 , , , ,raisr. __...,_ .., . 1,,,.2.,, ,� ,I,l, ,t .1 ') it I :tell _ �.*III x 1' s t j{i _ j !, °il I(.., t# 'k:e k , '4 �. 1;i � a• F.4 r M, � �'iti,1 44 1� ryry�� !! r• ��__ i,. l' V - ;' iiII rii . ti O i M e January 28, 2014 -8 - PBD-2014-06 4351-4357 Queen Street xi „i, a • - -Fs I s . fi p t ii � ` . `� V J C - j* Ab. • " W b # { .+ . ,, -'' c f .• yT . 41 ` - i 4 .4.. January 28, 2014 -9 - PBD-2014-06 4664-4666 Queen Street r+. ea .-4-.;'co . ,'MB i t� 1 t y; * Wiw130.15 T _ s i ' 1� `s i j . r i Tl.:.w le ;;L v "' - - --- ' s . et. . _ . ,--c.c.:LL',..•r...c5. IS d 1 _ — _ - Fit C ,- mo– *., w January 28, 2014 - 10 - PBD-2014-06 4755 Valley Way c I , . 1 • i , ik „d t illit ' # ' A' . `yq ti ,3 i t N . ^ 1 r January 28, 2014 - 11 - PBD-2014-06 4786 Queen Street y , ei tIIp,4f , L .. r :t t t e eOyinlin4 F ' . C ii. t y } k •..ti--` Y N ��aP? n i ;Ai as' a td t } v • t : r 4 v` i tick,p4? 4 t, t g ' r t sY Yy '}dj 21‘2:; } l +.N ii a ir+ 1 A ' • } i j i 3' y - z } 'it January 28, 2014 - 12 - PBD-2014-06 4610 Erie Avenue - NM f S 11 1:..-.f° ,...... tr '! _:___„2 „,, ., ,,,.... ia„..: tr. . , ,,:. , :...€: , 1 iii,, ,,,,, ., ...„ _ r,.. ,,,,; „m sal w -- ' - t' _„ ._.� [ ,1 iws � 1MB iH i r��l i A �'_� INN -i-I-t w III K s I I 2. E _� 1 - yzi 5za 3 .8a€ W q3] r V; 1 11 _ e All i1 nBLi 2 ' 7t t5. 0 .„ - c.o Iii "rig r s - _ 3 - - --. LLI __ F, sv Lis = ,, �Q c ° a - - "—w _ ..- ¢ -o ql - - m _ _ _¢ PBD-2014-08 Niagaraflalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-08 PLC-2013-011, Request for Removal of Part Lot Control Lots 400, 401 and 402 Registered Plan 44 Lundy's Park Plan Subdivision Applicant: Filomena Martuccio RECOMMENDATION 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 400, 401 and 402 on Registered Plan 44, as exempt from Part Lot Control for a period of two years; and 2. That the applicant be required to notify the City when the new deeds for the new parcels have been registered. EXECUTIVE SUMMARY Filomena Martuccio has requested that Council pass a by-law to exempt Lots 400,401 and 402 on Registered Plan 44 from being subject to Part Lot Control to initially allow the merging of three (3) lots into one parcel. This will allow him to obtain a Building Permit to construct a semi- detached dwelling, whereas the fact the lands are currently three narrow lots with only 7.5 metres of frontage would currently prevent it. Once the semi-detached dwelling is constructed the exemption will allow a new lot line to be created along the common wall between the two dwelling units, thereby allowing the sale of the indivival dwelling units. The request can be supported based on the following: • the use of this Planning Act mechanism is acceptable to eliminate lot lines and an alternative to a consent because the lots are located within a registered subdivision; • the R2 zoning of the lots permits a semi-detached dwellling and the proposed parcel(s) comply with the zoning regulations; and • the by-law will allow the existing lots to merge and a new lot line to be created between each dwelling unit in the proposed semi-detached dwelling. BACKGROUND Proposal Filomena Martuccio has submitted a request to have Part Lot Control removed from the lands known municipally as 6305 Bellevue Street. The lands are located on the north side of Bellevue Street between Valley Way and Drummond Road as illustrated on Schedule 1. The existing single detached dwelling on the lands is proposed to be demolished to accommodate the construction of a new semi-detached dwelling. The lands currently consist of three lots in a registered plan (Lots 400, 401 and 402 on Registered Plan 44). This prevents a dwelling from January 28, 2014 -2 - PBD-2014-08 being constructed on the whole of the lands because a dwelling cannot cross lot lines. The removal of Part Lot Control is a planning tool that is intended to allow reconfiguration of lot lines within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the merging of 3 narrow lots to accommodate the construction of a new semi-detached dwelling and the future sale of the two dwelling units. ANALYSIS/RATIONALE The subject lots are located within the Lundy's Park plan of subdivision (Plan 44) which was registered in 1913. The lands are zoned Residential Single Family and Two Family (R2) in accordance with Zoning By-law No. 79-200. The R2 zone permits single detached, duplex and semi-detached dwellings. The new parcel that is proposed to be created by merging the three lots complies with the R2 zone regulations for a semi-detached dwelling. The division of the future semi-detached dwelling will also comply with the R2 zone regulations. Servicing has been provided throughout the plan. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that initially the three lots can merge into one parcel and then be divided into two separate parcels once the new semi-detached dwelling is constructed. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates. The applicant should be required to notify the City when the new deeds have been created to assist in addressing and record keeping. FINANCIAL IMPLICATIONS There are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS • Schedule 1 - Location Map Recommended by: C 'L Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: K Todd, Chief Administrative Officer A.Dilwaria:ad Attach. S:PDR\2014\PBD-2014-08, PLC-2014-011, Lots 400,401 and 402, Plan 44.wpd January 28, 2014 -3 - PBD-2014-08 SCHEDULE 1 Location Ma . # 1 r. -� .353 i ‘-'4 - 3 v y ■ w � rte: 1,4L i. E. l^,-r i z C r 77 i 0 1 BELLE41_f S" , z _v ,, ri4 RAMP y Z H'v i'„"' RAMP i ■ EP: Y F E`DE=':CA ST 1 January 2014 Subject Land PBD-2014-09 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-09 DB-2013-004 Deeming By-law Application Block 15, Plan 59M-264 Applicant: Tom Vattovaz Proposed Residential Development RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to deem Block 15, Plan 59M- 264, to no longer be within the registered plan of subdivision, to enable it to be merged with the lands outside of the plan of subdivision. EXECUTIVE SUMMARY Tom Vattovaz has requested that Council pass a Deeming By-law under the Planning Act for Block 15, Plan 59M-264 so that it will no longer be within the subdivision and allow it to merge with the lands outside of the plan of subdivison. The block is intended to be merged with the lands known as 2868 Mewburn Road and divided through future consent applications into 3 new lots for single detached dwellings. Block 15 is zoned Residential Single Family (R1E) and 2868 Mewburn Road is zoned Development Holding (DH) in accordance with Zoning By-law No. 79-200, which permits the intended dwellings. The necessary deeming by-law is included in tonight's agenda. BACKGROUND Proposal Tom Vattovaz has submitted a request to deem Block 15, Plan 59M-264, to no longer be within the registered plan of subdivision and to allow it to merge with the lands muncipally known as 2868 Mewburn Road. The subject lands are located on the southeast corner of Mewburn Road and Nadia Court. Refer to Schedule 1 for the location of the lands. Block 15 is zoned Residential Single Family (R1E) and 2868 Mewburn Road is zoned Development Holding (DH) in accordance with Zoning By-law No.79-200, as amended. This zoning permits the lands to be developed for single detached dwellings. The owner wishes to maintain the existing dwelling known as 2868 Mewburn on a new lot and create three additional building lots for single detached dwellings. Deeming the subject lands to no longer be within the registered plan of subdivision will allow the lands to merge with the lands municipally known as 2868 Mewburn Road. Future consent applications will be filed to allow the creation of the new desired lots. Refer to Schedule 2 for details of the future lots. January 28, 2014 - 2 - PBD-2014-09 A deeming by-law removes the special status granted to a whole block within a registered plan of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by-law would allow the legal merger of the subject lands with lands municipally known as 2868 Mewburn Road. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Survey Sketch Recommended by: /'f '-w 1� ' Alex Herlovitch, Director of Planning, Building & Development I ) Respectfully submitted: Ken odd, Chief Administrative Officer A.Dilwana:mb Attach. S:\PDR\2014\PBD-2014-09. DB-2013-004, 2868 Mewburn Rd wpd January 28, 2014 -3 - PBD-2014-09 SCHEDULE 1 Location Ma. - T i CR[ti' _... 12353 r I _ 1 I rN L j t.Td*a a- 0414 _ S •. Z -- z January 2014 Subject Land January 28, 2014 PBD-2014-09 SCHEDULE 2 c.. ---1 O o . 1 i - ' i) 06 I') , r . i, i 1 : _ -. ' '•, . /e.t -- ' i "2 74 T • - — Z '. _ ...,7_$_: _ 3 I I• lia r ;Ica To : 1 i iTh., iit, - i ti _ 1 tili ' : . co a_ A- .1-1 r.. 2 -.... -,.. 1-3 „ „.., , c• ,— 0 0 A , ; • E — t . .._ Z 5 -z . « 2 = — , r---- .., '• '-, " al- _ - , 1/4.... ..•:', • - - - ' ;i , • y. Tr g i --- r,4 . _ I , --T. r r - .:( ' . IC 1 1 z a , ;?... V) i 4 _ •,_ ,:.,_- . . . ..., ' ,.. • - 5. • 1 - i ' I - - - 4-3 c , - S r - -. __ i .„ i _ _$ - .f. 1 I 4 . ' ' f — L A I . II _ CIA't I mrs lane, it■-or V ,,m GvOY NW..;gitrili' PBD-2014-10 Niagaraj7alls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-10 Matters Arising from Municipal Heritage Committee Guidelines for Preparing Heritage Impact Assessments RECOMMENDATION That Council approve the guidelines for preparing Heritage Impact Assessments. EXECUTIVE SUMMARY At the October 23, 2013 meeting of the Municipal Heritage Committee the following motion was adopted: "That the Committee supports the proposed Guidelines for Preparing Heritage Impact Assessments." The Guidelines were developed to provide applicants with the requirements necessary to undertake a Heritage Impact Assessment which demonstrates how cultural heritage resources of property will be protected in the context of redevelopment or site alteration. The Guidelines have been used informally in the past to guide the preparation of the Heritage Impact Assessment for three large redevelopment proposals in the City. By formalizing these Guidelines, the City will take a proactive approach by making these available upfront. ANALYSIS/RATIONALE The conservation of cultural heritage is required by provincial policy. The Provincial Policy Statement 2005 states that "Significant built heritage resources and significant cultural heritage landscapes shall be conserved". A Heritage Impact Assessment (HIA) is a requirement of the Official Plan cited as one of several approaches to conserving significant cultural built heritage resources and cultural landscapes. An HIA is a report which assesses and analyses the features and heritage attributes of the property, buildings or structures and environs and makes recommendations that will minimize the adverse effects of a proposal on the heritage attributes of the property and ensures that the property's cultural heritage value is not compromised by the proposal. The HIA Guidelines were developed to assist applicants in preparing an HIA that demonstrates how the cultural heritage resources will be conserved in the context of redevelopment or site alteration by setting out: January 28, 2014 -2 - PBD-2014-10 • what an HIA is; • when an HIA is required; • what information is to be provided in a complete HIA; • who prepares an HIA; and • who approves the HIA. For example, the Guidelines outline that an HIA is required when: • there is a proposal to alter a designated heritage property; or • lands adjacent to a designated property; or • a property that is listed on the Municipal Register of Heritage Properties; or • lands adjacent to a listed property. A heritage impact assessment may not be required depending on the nature of the proposal and if an alteration is deemed by the Director of Planning, Building and Development to be minor in nature. The Municipal Heritage Committee reviewed these guidelines and is satisfied that they meet the intent of assisting in the preservation of heritage resources. It is noted that these guidelines have been used as 'draft' guidelines regarding three large proposals for development in the City, the Niagara Falls History Museum, the former Loretto Academy as well as the Aviary property. This pro-active approach is being taken to formalize guidelines that have been used in the past. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the Guidelines for Preparing Heritage Impact Assessments as presented as they will assist in the preservation of the heritage resources in the Community." LIST OF ATTACHMENTS • Attachment 1 - Guidelines for Preparing Heritage Impact Assessments Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle/J. Barnsley:mb Attach S:\PDR\2014\PBD-2014-10. Heritage Impact Assmt Guidelines.wpd ,✓/"� ATTACHMENT 1 \iagaraJalls A Guide to Preparing Heritage Impact Assessments in the City of Niagara Falls Whereas Official Plan Policies 3.2.13 & 3.2.19 provide that the City of Niagara Falls may develop plans and follow guidelines to assist in the preservation and conservation of heritage resources, the following are guidelines for Heritage Impact Assessments: 1) What is a Heritage Impact Assessment? A Heritage Impact Assessment (HIA) is a study prepared by a qualified heritage specialist for a property owner. These guidelines would apply to both privately owned property and municipally owned property. An HIA is a report which assesses and analyses the features and heritage attributes of the property, buildings or structures and environs and makes recommendations that will minimize the effects of a proposal on the heritage attributes of the property and ensure that the property's cultural heritage value is not compromised by the proposal. 2) When is an HIA required? An HIA may be required to be submitted depending on the nature and extent of the alteration proposed and may not be required if an alteration is deemed by the Director of Planning, Building and Development, or his designate, to be minor in nature. An HIA is required, however, where: • any building, other structure, feature, or a property designated under Part IV of the Ontario Heritage Act is to be demolished, relocated, significantly altered, enlarged or added to, or before its grounds are significantly altered. • there is proposed development on lands adjacent to properties designated under Part IV of the Ontario Heritage Act; • any building, other structure, feature or a property that is not designated under the Ontario Heritage Act but that is listed in the Municipal Register of Heritage properties for its cultural heritage value or interest is to be demolished, relocated, significantly altered or enlarged or added to, or before its grounds are significantly altered; • there is proposed development on lands adjacent to property that is not designated under the Ontario Heritage Act but that is listed in the Municipal Register of Heritage properties for the cultural heritage value or interest. HIA's are to be prepared prior to the preparation of detailed plans and drawings for the proposal as part of pre-consultation and to form a complete Planning Act application. 2 3) What does an HIA contain? A complete HIA: • provides a detailed description of the proposal, including all key components as part of an explanation of the background to the study; • describes the location, site characteristics and surroundings of the site; • makes conclusions about the history of the site's development as documented in pictorial and textual records and as observed through as-found evidence; • documents the architecture of the exterior and interior of buildings or other structures on the site, including building materials, interior finishes and landscaping; • identifies the heritage attributes of the site; • evaluates the cultural heritage significance of the site in terms of the history, architecture and landscapes relative to the City of Niagara Falls; • appraises the physical condition of buildings or other structures on the site, and where required, a structural report from a qualified engineer; • discusses the potential impacts the proposal may have on the site's heritage attributes; • recommends measures for the protection of the site's heritage attributes and for the mitigation of impacts (the measures may be presented as options/alternatives for conservation and development); • is fully referenced and includes a location plan, reproduction of any pictorial records found during the conducting of historical research, a current site plan, present day photographs, current floor plans, a conceptual site plan, conceptual building elevations, conceptual interior plans, a list of primary and secondary sources consulted in documenting the site's history and a summary of the qualifications of the study report's authors. Depending on the nature of the proposal, the Director of Planning, Building and Development, or his designate, may determine that all the content outlined above is not required. It is expected that the preferred protective and mitigative measures will be consistent with recognized standards of heritage conservation, including "The Venice Charter for the Conservation and Restoration of Monuments and Sites" (the Venice Charter), "The Appleton Charter for the Protection and Enhancement of the Built Environment" and Standards and Guidelines for the Conservation of Historic Places in Canada. 4) Who prepares an HIA? Members in good standing of the Canadian Association of Professional Heritage Consultants (CAPHC) are qualified to prepare HIA's. Any consultant who is hired to prepare an HIA should limit his or her contribution to the specialty in which he or she is an expert. The CAPHC Directory, which is available on-line at www.caphc ca lists members by their specialization. 5) Who reviews an I-HA? City staff in consultation with the Municipal Heritage Committee will review the HIA. City may require Peer Review of the study. Any alteration proposed to a designated property assessed by an HIA will require approval by City Council in accordance with Ontario Heritage Act. 6) How many copies are required and in what media? 8 copies of the HIA will be required for review, along with a digital version of the report. Questions? For further information about HIA's, please contact the City of Niagara Falls Planning and Development division staff at (905) 356-7521 ext. 4334. CD-2014-01 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-01 Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke RECOMMENDATION 1. That Council approve the related resolution in support of the Regional By-law, listed later on the agenda. 2. That By-law 2011-51, as amended, not be repealed. EXECUTIVE SUMMARY Niagara Falls City Council passed By-law 2011-51, a by-law which restricted smoking outdoors at all City facilities (parks, arenas, and municipal buildings). The by-law was one of the first of its kind in Ontario. The Region's Chronic Disease and Injury Prevention section used the City's by-law as the framework for a by-law they have presented to the lower-tier municipalities of Niagara. Discussions with Region officials have concluded that City Council can support the Region's By-law, yet retain on the books, the City's stricter by-law. Approval of the Regional By-law, through the triple majority process, will allow some standardization in the Region while continuing to educate the public that smoking is not tolerated outdoors in Niagara. BACKGROUND On February 28, 2011, Niagara Falls City Council considered report, R&C- 2011-05, Implementation of a Smoke Free By -law for Parks and Recreation Outdoor Facilities and Greenspace. The report recommended that the City establish smoke-free main entrances and designated outdoor smoking areas at all City Community Facilities. In consideration of the report, Council went one step further and directed that smoking not be permitted at all City facilities, including bus shelters. The related by-law was approved on May 1, 2011. One subsequent amendment, to accommodate an outdoor, designated smoking area at the Scotiabank Convention Centre (S.C.C.) was approved. The City's By-law was one of the first in Ontario to ban outdoor smoking at municipal facilities. The Region's Chronic Disease and Injury Prevention section, of the Public Health Department, used the Niagara Falls By-law as the framework for their By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke. January 28, 2014 - 2 - CD-2014-01 The Region engaged in a public consultation process and requested responses from the lower-tier. Niagara Falls City Council's comments were articulated in a memo at the August 13, 2013 meeting, approved and forwarded to the Region. The Region's By-law was approved on October 10, 2013, subject to the "triple majority" process. As of the writing of this report, only one lower-tier municipality has objected to passing a resolution in support of the Region's By-law. A few municipalities, like Niagara Falls, have yet to bring the matter forward; however, it appears that the triple majority will be achieved. ANALYSIS/RATIONALE Niagara Falls By-law 2011-51 , as amended, was the framework for the Region's By-law, however, there are a couple of differences: parking lots are exempt from the provisions of the Region's by-law, however, smoking is prohibited nine metres from entrances and exits of public buildings. The parking lot exemption would have meant that the S.C.C, would not have required an amendment under the Region's By-law to accommodate a designated smoking space. Trails are also not a prohibited area for smoking under the Region's by- law. Clearly, the Niagara Falls By-law is stricter than the Region's By-law. City staff had some concerns about recommending support of the Regional By-law if it meant repealing the City's by-law and, in essence, supporting a by-law that is less strict than the one currently in place in Niagara Falls; however, after discussions with the Region, Public Health staff is of the opinion that the City can keep By-law 2011-51 in place. The stronger or stricter by-law will prevail if it exists in the lower-tier municipality. Regional Enforcement officers will enforce provisions of the Region's By-law, while municipal by-law officers would continue to enforce the City by-law. It should be noted that enforcement efforts to date have centred around public education, signage and having officers at facilities during key times (By-law staff was at the gale centre during March Break week in 2013). FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Council can support the Regional By-law by not repealing the City's By-law. The existence of a Region-wide by-law will help with education and enforcement of smoking on public property. CITY'S STRATEGIC COMMITMENT A Healthy and Safe Community January 28, 2014 -3 - CD-2014-01 LIST OF ATTACHMENTS • City's Consolidated Smoke-Free in Public Places By-law • A memo from the Clerk dated August 13, 2013 • Regional Correspondence and Related By-law t ! Recommended by: i / ! r r i' Dean lorfida, ity Clerk Respectfully submitted: ) Ken To d, Chief Administrative Officer DI CITY OF NIAGARA FALLS A Consolidated Bylaw Being By-law No. 2011 - 51 as amended by: By-law No. 2011 - 152 A by-law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls. WHEREAS the Council of The Corporation of the City of Niagara Falls has been advised by reputable authorities that second hand tobacco and other smoke,exhaled smoke and the smoke from cigarettes, cigars and pipes is a health hazard and causes discomfort to the vast majority of the residents of the City of Niagara Falls; AND WHEREAS the Council of The Corporation of the City of Niagara Falls is empowered, pursuant to section 128 of the Municipal Act, 2001, S.O. 2001 c. 25 to declare any act a public nuisance; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls does,by enacting this by-law, declare the practice of smoking tobacco and other substances within public buildings and upon public property, with the exception of municipal highways, to be a public nuisance; AND WHEREAS the practice of the smoking of tobacco has already been banned by the laws of Ontario from the vast majority of public buildings; AND WHEREAS the Council of the City of Niagara Falls intends to invoke every authority available to it at law to enact,uphold and enforce this by-law as provided by the Municipal Act,2001 and other applicable Acts and the common law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. Purpose 1.1 The purpose of this by-law is to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls. 2. Regulations 2.1 No person shall smoke tobacco or any other substance upon or within any lands or buildings owned by The Corporation of the City of Niagara Falls. 2.2 Notwithstanding section 2.1 above, it shall be permissible for persons to smoke tobacco or any other substance other than substances prohibited by federal or provincial law, upon the road allowances owned and controlled by the City ofNiagara Falls and those of the Regional Municipality of Niagara that are located within the boundaries of the City of Niagara Falls. -2- 2.3 Notwithstanding the exemption granted in section 2.2 above,no person shall smoke in a bus shelter owned by The Corporation of the City of Niagara Falls. 2.4. Notwithstanding section 2.1 above, it shall be permissible for persons to smoke tobacco or any other substance other than substances prohibited by federal or provincial law,in the three (3) designated smoking areas at the Scotiabank Convention Centre, 6815 Stanley Avenue, as outlined in the map in Schedule "A". 3. Offence and Penalty 3.1 Any person who contravenes the prohibition of this by-Law is guilty of an offence and, upon conviction, is liable to a fine of up to Five Thousand Dollars ($5,000.00). 4. General 4.1 Each provision of this by-law is independent of all other provisions, and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this by-law remain valid and enforceable. 4.2 Nothing in this by-law relieves a person from complying with any provision of any federal or provincial law or regulation,other by-law,or any requirement of any lawful permit,order or license. 4.3 The short title of this by-law is the Anti-Smoking By-law. 4.4 This by-law shall come into force and effect on the day it is passed. (Original Bylaw 2011-51) Passed this eighteenth day of April, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 18, 2011. Second Reading: April 18, 2011. Third Reading: April 18, 2011. I 5 E IL, 2a g , 1 , 3 Z ,I_ r1- g !14 I i I 1 1 Ir tr 1 , , ii 1 i 111 O 2 J a7 0 J.I- _ I o 'ilk 1 r vim .0 I I : 1111 SII E o_FI P �i at=-. L.LJ -' E 0 CO n II e P1 - — �,1 -.,, J s re . € a 3i f. u e t? f. ,_ 1 asaY4- S # € a Sse4e Clerks Department Inter-Department Memorandum TO: Mayor James M Diodati DATE: August 13 2013 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Regional By-law to Regulate Smoking By-law The Region is looking for official comments from municipalities in association with a proposed Region-wide by-law to regulate smoking in public places. The City of Niagara Falls already has such a by-law in place (2011-51). Our by-iaw is more strict (less exceptions) than the proposed Regional By-law; however, the efforts of the Regional Public Health Tobacco Prevention section should be encouraged and having standardized rules across the Region is ideal. Staff wished to have a meeting with regional staff prior to formally bringing forward the matter to City Council. The meeting just took place last week. A report is going to the Region's Public Health and Social Services Committee on September 10`r and Regional staff wish to include comments from Niagara Falls City Council. At this point, staff would recommend the following comment/motions: That Niagara Falls City Council supports any initiative that combats smoking in outdoor places; and That Niagara Falls City Council encourages other Niagara lower-tier municipalities to support or enact similar by-laws; and That Niagara Falls City Council will provide a formal response on the proposed by- law, if Regional Council directs that the matter precede. Staff will provide a more formal report at a later date. Working Together to Serve Our Community 1 4' 4 • RECEIVED Office of the Regional Chair Gary Burroughs OCT 2 4 2013 — 2201 St. David's Rd.W, PO Box 1042 Thorold, ON L2V 4T7 �cn --1. I t e Telephone: 905-685-4225 Toll-free I-800-263-7215 Fax: 905-685-6243 0 MAYOR'S OFFICE ��a' 1, Email:gary.burroughs @niagararegion.ca j www.niagararegion.ca 414(1110 October 21, 2013 Mayor Jim Diodati SENT ELECTRONICALLY City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, RE: A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke - PHD 05-2013 REVISED Regional Council in its capacity as Niagara Region Board of Health, at its meeting of October 10, 2013, approved the following recommendations of its Public Health and Social Services Committee: That Revised Report PHD 05-2013, October I, 2013, respecting A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke, BE RECEIVED; That the proposed Regional by-law, "A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke", attached as Appendix, "A", BE APPROVED; That the Chair of the Board of Health BE DIRECTED to share this report and the decision with local area municipalities; and, That the Chair of the Board of Health BE DIRECTED to request from each of the area municipalities a resolution giving their consent to the proposed Regional by-law. .2 Mayor Diodati 2 October 21, 2013 The enactment of By-law 112-2013, being A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke", is subject to the approval of a triple majority which means it shall not come into force unless: (a) a majority of all votes on the Council of the upper-tier municipality are cast in its favour; (b) a majority of the Councils of all the lower-tier municipalities forming part of the upper- tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. Regional Council, at its meeting held on October 10, 2013, approved the passing of By-law 1 12- 2013; therefore, the first requirement of a triple majority has been fulfilled. On behalf of the Board of Health, we greatly appreciate your Council's consideration for support of By-law 112-2013. Once a decision has been reached, please forward your Council's resolution to the attention of Janet Pilon, Regional Clerk. A copy of Report PHD 05-2013 REVISED and a certified true copy of By-law 112-2013 are enclosed for your information and consideration. Should you have any questions, please do not hesitate to contact me, or the Medical Officer of Health, Dr. Valerie Jaeger. Yours truly, 5j. # (3'27 \SCA-ctila5" Gary Biikrroyighs, BA, FCPA, FCjp; Regional air Chair, Board of Health C: Clerks of the Local Area Municipalities of Niagara Region Dr. V.Jaeger, Medical Officer of Health, Niagara Region Dr. A. Feller, Associate Medical Officer of Health, Niagara Region E. Wodchis, Director, Chronic Disease and Injury Prevention, Niagara Region M. Brigantino, Manager, Chronic Disease & Injury Prevention, Niagara Region G. McDonald, Health Promoter, Chronic Disease& Injury Prevention, Niagara Region S. Chisholm, Legal Counsel, Niagara Region Atts. GBsl10-13 PHD 05-2013 REVISED October 1, 2013 Niagara el Region REPORT TO: Public Health and Social Services Committee SUBJECT: A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke RECOMMENDATION 1. That the proposed Regional by-law, "A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke", attached as Appendix, "A" BE APPROVED; 2. That the Chair of the Board of Health BE DIRECTED to share this report and the decision with local area municipalities: 3. That the Chair of the Board of Health BE DIRECTED to request from each of the area municipalities a resolution giving their consent to the proposed Regional by-law. PURPOSE In response to Council direction of April 18, 2013, this report outlines comments received from area municipal councils with respect to the proposed Regional by-law, "A By-law to Regulate Smoking in an Outdoor Public Place". This report details incorporation of feedback from area municipalities, and requests approval for the attached revised by-law (Appendix A). BUSINESS IMPLICATIONS There are financial, staffing, and legal implications which are fundamental to successfully implementing a Regional by-law. Consistent with area municipal council feedback, Niagara Region Public Health (NRPH) will be financially responsible for all enforcement, education, communication, administration, and signage expenses. Costs will be managed through the approved 2012-2013 and proposed 2013-2014 NRPH budgets. 1 PHD 05-2013 REVISED October 1, 2013 The benefits of enacting the proposed by-law include the following: • Protecting the health and safety of children and vulnerable groups from the health effects of second-hand smoke; • Supporting local groups who use facilities to promote healthy lifestyles; • Providing positive role-modelling for children and youth to decrease the likelihood of them starting smoking; and • Providing a smoke-free environment to encourage people to quit smoking. REPORTS PERTINENT TO THIS MATTER • 2011: PHD 04-2011; PHD 05-2011; PHD 46-2011 • 2012: PHD 11-2012; PHD 38-2012 • 2013: PHD 05-2013; PHD 05-2013 REVISED (April 9, 2013): PHD 18-2013 Submitted by: Approved by: ORIGINAL SIGNED BY /� /- Valer ,Jaeger, MD, PhD, MPH en eth J. Brothers, P. Eng. Medical Officer of Health Acting Chief Administrative Officer This report was prepared by Maria Brigantino, Manager, Chronic Disease and injury Prevention, and Gillian McDonald, Health Promoter, Chronic Disease and Injury Prevention;and reviewed by Stephen Chisholm, Legal Counsel, Ellen Wodchis, Director, Chronic Disease and Injury Prevention;Dr. Andrea Feller, Associate Medical Officer of Health; and Dr. Valerie Jaeger. Medical Officer of Health. 3 Bill 112 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 112-2013 A REGIONAL BY-LAW TO PROTECT CHILDREN AND VULNERABLE PERSONS FROM EXPOSURE TO OUTDOOR SECOND-HAND SMOKE WHEREAS subsection 115(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a municipality may prohibit or regulate the smoking of tobacco in public places; AND WHEREAS it has been determined that smoking and second-hand tobacco smoke is a health hazard or discomfort for individuals residing in or visiting The Regional Municipality of Niagara (hereinafter, "Niagara Region"); AND WHEREAS smoke-free policy interventions are effective mechanisms to reduce exposure to tobacco smoke, prevent initiation of smoking, encourage cessation of smoking, support recent quitters, and contribute to the denormalization of tobacco use; AND WHEREAS Niagara Region therefore wishes to prohibit tobacco smoking in outdoor public places for the health of the public generally, and particularly for the benefit of young persons, and to improve the environmental and social conditions in public places; AND WHEREAS Section 115(5) of the said Act provides that a by-law passed under subsection 115(1) shall not come into force unless, (a) a majority of all votes on the Council of the upper-tier municipality are cast in its favour; (b) a majority of the Councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. NOW THEREFORE BE IT RESOLVED THAT the Council of The Regional Municipality of Niagara enacts as follows: Page 1 of 4 Bill 112 DEFINITIONS AND INTERPRETATION 1 . (1) The following definitions shall be used in interpreting and applying this by-law "authorized person" means an individual designated or authorized by Niagara Region or an area municipality whose duties include, without limitation, tobacco control or the monitoring of regional or municipal property for the purpose of addressing unauthorized activities; "area municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-the- Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland and the Township of West Lincoln. "outdoor public place" means any property owned, leased or controlled by the Niagara Region or any area municipality, including without limitation parks, playgrounds, sports or playing fields, arenas, recreational centres, bus shelters, splash pads, pools and any area that is within a nine-metre radius of an entrance to or exit from a building located on any property owned, leased or controlled by the Niagara Region or any area municipality, whether or not a "No Smoking" sign is posted, but does not include the following: a. highways; b. road allowances abutting a regional or municipal property; c. municipal sidewalks, save and except for that portion of any municipal sidewalk that is within a nine-metre radius of any entrance to or exit from a building located on any property owned, leased or controlled by the Niagara Region or any area municipality; d. parking lots or any area designated for the parking of motor vehicles; e. beaches; It walking or hiking trails; g. rights-of-way; and h. residential dwellings owned, operated or subsidized by Niagara Regional Housing or an area municipality; "smoke" or "smoking" includes the holding of tobacco or other lighted smoking material or equipment while the product is alight or emitting smoke; "tobacco" includes pipe tobacco, water-pipe tobacco, cigarettes, cigars, cigarillos or any similar product made with or containing tobacco; Page 2 of 4 Bill 112 PROHIBITION 2.(1) No person shall smoke tobacco upon or within an outdoor public place. 2.(2) The prohibition in section 2.(1) above applies whether or not a "No Smoking" sign of any format or content is posted. 2.(3) No person shall remove a sign posted under this section while the prohibition remains in force. 2.(4) No person shall hinder or obstruct an authorized person lawfully carrying out the enforcement of this by-law. OFFENCE and SET FINE 3.(1) Any person who contravenes a provision of this by-law is guilty of an offence and, upon conviction, is liable to a set fine of$250.00. ENFORCEMENT 4.(1) The provisions of this by-law respecting smoking in an outdoor public place shall be enforced by any authorized person as designated by the Niagara Region or an area municipality. CONFLICTS 5.(1) If a provision of this by-law conflicts with an Act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail. SEVERABILITY 6.(1) If any section or part of this by-law are found by any Court of competent jurisdiction to be invalid, such section or part shall be deemed to be severable and all other sections of this by-law shall remain valid and enforceable. ENACTMENT 7.(1) This by-law shall come into force on the day that it is approved in accordance with section 115(5) of the Municipal Act, 2001, S.O. 2001, C.25. Page 3 of 4 Bill 112 EFFECTIVE BY-LAW DATE 8 This by-law shall come into force on the date specified by the Regional Clerk as the date when the following have been achieved: a) A majority of the Councils of all of the lower-tier municipalities forming part of The Regional Municipality of Niagara have passed resolutions giving consent to this by-law: and b) The total number of electors in the lower-tier municipalities that have passed resolutions under clause (a) above form a majority of all the electors in The Regional Municipality of Niagara. PASSED, a majority of the members of the Regional Council assenting hereto, this 10'" day of October, 2013. THE REGIONAL v' . •ICIPALITY Of AGARA /4 (Gary Bur i .hs, Regional Chip (Janet pilon, Regional Clerk) CERTIFIED A. TRUE COPY CLERK. REGIONAL MUNICIPALITY or NIAGARA Page 4 of 4 Niagara &/ls TS-2014-07 January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2014-07 Chippawa Business Group - Parking Request RECOMMENDATION 1) That the parking meters be removed and two-hour free parking with no reparking for five hours be implemented on Bridgewater Street from Portage Road to Laura Secord Place be approved. 2) That the parking meters be removed and two-hour free parking with no reparking for five hours be implemented on Laura Secord Place from Bridgewater Street to Main Street be approved. EXECUTIVE SUMMARY Council at it's meeting of September 24`h 2013 requested staff to review parking based on the request from The Chippawa Business group. The request was for meters be removed and two-hour free parking be implemented along Bridgewater Street, Main street and Laura Secord Place to mirror the parking conditions in the Niagara Falls Downtown area with free parking on side streets (operates under the 2 hour free parking, no reparking for 5 hour rule). The group also requested meters be removed from Municipal Parking Lot #11 adjacent the Chippawa Library. Staff has conducted a review and support the request to eliminate metered parking on Bridgewater Street from Portage Road to Laura Secord, as well as on Laura Secord Place south of Bridewater to Main Street and implement two-hour free parking time limit. As the group requests the parking mirror that of Downtown Niagara falls, it is recommended that the similar 2 hour free parking with no reparking within 5 hours condition be implemented. This regulation is in place to prevent employees and business owners from occupying free parking areas for extended periods of time; which limit available parking for customers and patrons looking to attend the area. The 2/5 hour rule is effective in the downtown area. Staff also recommend maintaining existing paid parking on Main Street due to a greater volume of vehicle turnover in this location and that the parking space is in the core of the Chippawa business area. Staff are currently undertaking a Municipal Lot Rationalization Review for all Municipal Parking Lots which will be completed later this year, therefore, Municipal Parking Lot# 11 will be addressed as part of this assessment. January 28, 2014 -2- TS-2014-07 BACKGROUND The Chippawa Business group has requested that meters be removed and 2-hour free parking be implemented along Bridgewater Street, Main street and Laura Secord Place to mirror the standard parking conditions found in the Niagara Falls Downtown area with free parking on side streets. The free parking on the side streets operate under the 2 hour, no reparking for 5 hour as it does in the Downtown. The Group have also requests that parking meters be removed from Municipal Parking Lot # 11 which is adjacent to the Chippawa Library. Staff has conducted a review and support the request to implement free two-hour parking on Bridgewater Street and Laura Secord Place. As the group requests the parking mirror that of Downtown Niagara falls, it is recommended that the similar 2 hour limit with no reparking within 5 hours condition be implemented. This regulation is in place to prevent employees and business owners from occupying free parking areas for extended periods of time which limit available parking for customers and patrons looking to attend the area. The 2/5 hour rule is effective in the downtown area. Staff does not support 2 hour parking on Main Street East due to a greater volume of vehicle turnover in this location in the core of the Chippawa business hub. Staff are currently undertaking a Municipal Lot Rationalization Review for all Municipal Parking Lots which will be completed later this year, therefore, Municipal Parking Lot# 11 will be addressed as part of this assessment. ANALYSIS/RATIONALE The area is under utilized by patrons and staff resources to maintain the equipment surpass the revenue generated from the metered spaces. The implementation of free two- hour side street parking would match protocols in other business areas in Niagara Falls. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The lost revenue associated with the free parking implementation would be less than $350.00 annually which is generated from Bridgewater Street and Laura Secord Place. CITY'S STRATEGIC COMMITMENT Continue the parking operations user-pay philosophy through the development and implementation of a 10 Year Parking Capital Infrastructure Program and Rate Stabilization Plan. January 28 2014 - 3 - TS-2014-07 ATTACHMENTS Area map Recommended by: St) — Karl Dren, Director of Transportation Services Respectfully submitted: 14444 Ken Todd, Chief Administrative Officer Paul Brown S:General Administration\GA 1.01 Reports\2014 Council\1 Jan 28\TS-2014-07 Chippawa Business Group-Parking Request.wpd 1 . ,(41:1: . ' '.1 : . 1: 1 a' , 4"11::! '33Teri'llttt ID . y pr < Xar " •"" M I 4 ", , .e F At ' 't .y � , ? R1� d $ � . � A y H f � , }ta .k _ ''.xe (/ ay s' y yy r � ♦fi� t yy Y. i j1+Y j� F � �4 r 4 , ' s. , . , .. :fir ;4,4. 4,5 , ...4..:„..c , , t, , c.,,...„ . ,.. #, a , „*.,c7,,,, 4 - e. , , ita � , I hF . ,.�. ' _ ; �� s • t Isxk._4 YA -hi/� ' �. W 1‘411 11 Proposed 2 Hour Free Parking Metered Parking mill No Re-Parking Within 5 Hours of Initial Parking 2 Hour Limit //� TS-2014-07 -- - Chippawa Business Group \iagararalls Parking Request NORTH IIOI IS W.PJF m m 0 O r c O z w I CITY OF f► cH e Highcas FAO The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Niagara Falls City Council passed By-law 2011-51,a by-law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by The Corporation of the City of Niagara Falls; and WHEREAS with the approval of By-law 2011-51, Niagara Falls City Council took action to improve the cleanliness and health benefits of the city's public outdoor spaces; and WHEREAS the Regional Municipality ofNiagara used By-law 2011-51 as the framework for Regional By-law 112-2013, a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke; and WHEREAS the enactment of the Regional By-law requires a triple majority; and WHEREAS the passing of the Regional By-law will provide protection for children, vulnerable residents, visitors, and the general population from the effects of second-hand smoke, while denormalizing smoking behaviours and facilitating decreased smoking rates; and WHEREAS the passing of the Regional By-law will provide some consistency throughout Niagara municipalities that smoking is not tolerated in certain outdoor, public places. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby consents and supports the passing of Regional By-law 112-2013, a Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-Hand Smoke; and FURTHER BE IT RESOLVED that Niagara Falls City By-law 2011-51 remain in effect. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR .. I`LI� CITY ary�..'i ^pu�a NIAGARA LRTSS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS at the September 24,2013 meeting,Niagara Falls City Council consider recommendation report CD-2013-06, Chippawa District Association (CDA); and WHEREAS there has been effort on the part of businesses in the Chippawa area to highlight their offerings to the many tourists that annually visit Niagara Falls; and WHEREAS Niagara Falls City Council directed staff to work with the CDA to achieve their tourism objectives; and WHEREAS Chippawa is recognized in the City's Official Plan as a satellite tourist district; and WHEREAS Chippawa tourist offerings include, but are not limited to, recreational water activities along the Welland River, historical buildings and sites, many from the War of 1812, the Niagara Parkway, golf courses and a traditional village setting; and WHEREAS it would be necessary for City Council to pass a resolution declaring an area as a tourist district for an application for TODS (Tourism-Oriented Directional Signage) along the Q.E.W. highway. THEREFORE BE IT RESOLVED that Niagara Falls City Council recognizes Chippawa as a worthy tourist destination within our community. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR C) 0 3 3 c z n D 1 0 z 0 SCOUTS CANADA NIA(lAR 1P 'A :►t. 4377 Fourth Avenue Fr+ ce Niagara Falls, Ontario L2E 4N1 SCOUTS CANADA Phone 905-354-8511 Facsimile 905-354-6533 •••--�- December 19, 2013 City of Niagara Falls Attn: Mayor Diodati 4310 Queen St, Niagara Falls, ON L2E 6X5 Re: Flag Raising Request Mayor Diodati February is a special month for Scouts and Girl Guides worldwide. Each year both Movements celebrate Feb. 22; the birthday of Scouts founder, Lord Robert Baden-Powell and his wife, the World Chief Guide, Lady Olave Baden-Powell. In Canada, we also celebrate Scout-Guide Week, which begins the Sunday before Feb. 22 and ends the Sunday after.This year Scout-Guide Week is Feb. 16—23. I would like to request for the City of Niagara Falls to raise the Scouts Canada flag from Feb. 16-23, 2014, in honour of Scout-Guide Week. Raising the Scouts Canada flag in communities across Canada recognizes the efforts of so many young Scouts and thousands of dedicated adult volunteers to build stronger youth and more sustainable, healthier communities. Your participation would be very much appreciated. Please feel free to contact me if you require further details. Yours truly, 2 v Carolyn Askeland Scouts Canada, Niagara Area ; ECEIVED 289 296 5046 DEC 3 p 2013 a c_askeland @yahoo.com o MANOR'SOFFtCE S g Dean Iorfida From: McManus, Lisa <lisa.mcmanus @niagararegion.ca> Sent: Thursday, January 09, 2014 2:26 PM To: McManus, Lisa Subject: Water &Wastewater Service Review Information Importance: High From: Piton, Janet Sent: Monday, November 25, 2013 11:05 AM To: Ashley Grigg; Bonnie Nistico-Dunk; Carolyn Kett; Carolyn Langley; Christine Raby (christine.raby @welland.ca); Dean Iorfida; Hazel Soady-Easton; Holly Dowd; Nancy Bozzato; S. Duncan; Susan Daniels; William Kolasa Cc: Zanatta, Roxanne; Schlange, Harry; Committee-CMT; Robinson, Matt Subject: Water &Wastewater Service Review Information Importance: High At the Area CAO meeting held on November 22, 2013, all 11 impacted CAO's have agreed to support the following resolution with a request that this resolution be placed on an upcoming Council Agenda for consideration: WHEREAS Regional Council ratified the Budget Review Committee of the Whole's motion from January 13, 2011, as follows: That the Region pursue a Municipal/Regional Fiscal Service Review that includes the participation of the area municipalities; That the review should include the water and sewer utility opportunity; and That the effect of this review be reflected in the 2012 Budget. WHEREAS on May 5, 2011 Regional Council ratified the Public Works Committee motion from April 26, 2011, as follows: That the Terms of Reference includes the following basic principles: • All rate payers will be treated fairly and their investment protected; • Reserves and reserve funds for each municipality will be used for work in the contributing municipality — maintaining and improving infrastructure and service delivery; • Review and planning processes focus on future service delivery; • All service delivery options will be given full consideration until deemed otherwise by the Project Committee and Council; • Investment in infrastructure will follow a logical process characterized by alignment of Lower Tier and Regional capital project planning —with timelines that respect the budget processes of all project partners; • Create customer—first water and wastewater systems; • Commit to continuous improvement; • Terms of Reference will align with Provincial Policy move toward self-funding of water; and • That all partners be held to the self-funding requirement. WHEREAS Regional Council on October 27, 2011 approved the Final Terms of Reference for Water/Wastewater Review— Niagara; WHEREAS Stantec Consulting Ltd., with the assistance of BMA Management Consulting Inc. were tasked with undertaking the Water/Wastewater Fiscal Service Review, according to the approved Terms of Reference; and WHEREAS Stantec Consulting Ltd., with the assistance of BMA Management Consulting Inc. have through a draft report to the Niagara Region provided an analysis that includes Technical Considerations; Organizational Considerations and Financial Considerations with a weighting for three (3) Groupings of Governance Options. THEREFORE BE IT RESOLVED: That the Presentation by Mr. Leo Gohier, Stantec Consulting Ltd., entitled Water and Wastewater Service Delivery Review, BE RECEIVED; That Council REQUEST all local councils to confirm their willingness to participate jointly and to work collaboratively with regional and local area municipal staff, to address the challenges and problems that have been identified and characterized through the review, and to assist in the sharing, understanding and implementation of demonstrated best practices. That Regional and local area municipal councils; regional and municipal staff REPORT BACK quarterly on their progress. That the local area municipalities BE REQUESTED to respond as to their willingness to participate by March 2014. We greatly appreciate your Council's consideration of the above resolution and look forward to receiving your Council's resolution on this matter. Thank you, Janet 2 1% for Public Art & ART RESERVE FUND December 01 2013 Dear , Please find enclosed our initiatives proposal for 1) 1% For Public Art 2) Art Reserve Fund Copies are being circulated to: • All Niagara Falls City Councillors & Mayor Diodati • Niagara Regional Police Services Board & NRP * Key City & Niagara Regional Players * NRPHQ Senior Architects this copy number # C I Draft series Date !;' C i Please read this carefully and handle it in confidence. We welcome your comments. Please feel free reply to the proposal authors directly. Thank you CHRISTIAN LLOYD BELL RODDY HEADING 1 % for Public Art THE ART RESERVE FUND Presented to the CITY OF NIAGARA FALLS and the GREATER NIAGARA REGION DECEMBER 01 2013 © 2013 CHRISTIAN LLOYD BELL RODDY HEADING < christianlloydbell @qmail.com > < rgheadinq @gmail.com > 905 353 0472 905 468 3928 Canadian Cities with Percent for Public Art * Victoria BC * Vancouver BC * Surrey BC * Calgary AB * Edmonton AB * Thunder Bay ON * Ottawa, ON * Hamilton ON * Toronto ON * ENTIRE PROVINCE OF QUEBEC * Moncton NB Footnote: Many European cities have adopted a 1% minimum for Public Art. Helsinki, Finland has a 2% for Public Art policy Recommendations: 7. The City of Niagara Falls and the Niagara Region does the same: implements a requirement that all new civic buildings provide 1% of their total construction budget for new public art Notes: 8. We are delighted by how well our idea has been received 9. Timing is ideal to make this happen in the Niagara Region 2 of 4 ART RESERVE FUND 1. The current funding allocation for Arts & Culture for the City of Niagara Falls is a total of -> $ 19,500 per annum 2. This represents > 1.5% of the total Recreation & Culture budget 3. Our research shows that this is about one cent per capita per day for arts funding which can be expressed in much simpler terms as the value of one medium latte coffee per capita per year or one loaf of bread per capita per year Observation: You fund nothing, you get nothing An upgrade to 10 % of the Recreation & Culture budget from the current 1 . 5 % represents the value difference between the price of one loafof bread to the cost of one medium sized pizza with one topping - no delivery f 3 of 4 Recommendation: 4. the best use of existing resources and requiring no new taxes would be the creation of an ART RESERVE FUND 5. Upping the ante for Arts Funding from its present 1.5% to 10% EXISTING FUNDING R,EALLSTIC MODEL FUNDII'IG MODEL Fog 114E ARTS FOR ME ARTS Wrap Up: 6. All new civic buildings should install new art funded by 1 of the building's construction budget 7. A realistic Art Reserve Fund should be established that will best serve our present and future civic art needs 4 of 4 Dean Iorfida From: Dean Iorfida Sent: Monday, January 13, 2014 4:38 PM To: 'Janice Wing' Cc: CouncilMembers; Carey Campbell Subject: RE: [FWD: Urgent Request for Resolution Against a Nuclear Waste Dump] Attachments: KincardineHardy Stevenson and Associates Presentation to Council.pdf; nuclearwaste.pdf Hi Janice: I have followed some of this issue in the press and the Mayor's office has forwarded the resolution prepared by the advocacy group. I appreciate the negative connotations associated with nuclear power/waste and the easy thing to do is have Council support the resolution since a number of other municipalities have; however, this is one of those issues that I don't believe the municipal councils really have all the background on to make an informed decision. If you go to the Canadian Environmental Assessment Agency (CEAA) website you will find over 1,000 documents and public comments. A lot to sort through. In addition, the Town of Kincardine, the municipality most directly affected, supports the OPG application and even had a peer study done and presented to their Council. Although there is the belief that the Canadian Environmental Assessment Agency will make their decision in "early 2014" on OPG's application, I would suggest I bring forward the matter at the next meeting (January 28th), where I will have an opportunity to do some more research and collect some more information. I have attached the CEAA notice, some Toronto Star articles and the peer review report from Kincardine. Thoughts? Thanks Dean From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Monday, January 13, 2014 3:18 PM To: Dean Iorfida Cc: CouncilMembers; fjf @stopthenucleardump.com; Jim Diodati Subject: Fwd: [FWD: Urgent Request for Resolution Against a Nuclear Waste Dump] Hi Dean, Mr. Fernandez was directed to me by the Mayor's Office. I have reviewed some of the material presented to Jim and myself, and found the concerns compelling. I noted the opposition of the Great Lakes & St. Lawrence Initiative, of which our city is a member, and found particularly compelling Michigan State Senator Hoon-Yung Hopgood's presentation (backed by the Michigan United Conservation Clubs, Michigan Boating Industries Association, 1 Michigan Steelhead & Salmon Fishermen's Association, Michigan Charter Boat Association, Michigan Environmental Council, and Clean Water Action Michigan). I noted also that, on the Canadian side of the Lakes, the cities of Kingston, Windsor, Toronto, Mississauga, London, Hamilton,and Sarnia; the Towns of Ajax, Oakville, Blue Mountains, and Kingsville; and the Councils of Lambton and Essex Counties have already passed resolutions opposing approval of the proposal to construct a nuclear waste dump in limestone in very close proximity to Lake Huron. I would like to bring forward the Hamilton resolution tomorrow evening. I have revised it, for your convenience, to specify Niagara Falls instead of Hamilton, and pasted it beowo my signature. Can you please bring this forward tomorrow? Time is of the essence. Thanks! janice Resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin WHEREAS Ontario Power Generation is proposing to construct an underground long-term burial facility for all of Ontario's low and intermediate level radioactive nuclear waste at the Bruce Nuclear Generating Station, some of which is highly radioactive and will remain toxic for over 100,000 years. This site is approximately one kilometre inland from the shore of Lake Huron and about 400 metres below the lake level; WHEREAS water is Canada's most important resource and should be protected and managed prudently: WHEREAS the Great Lakes are an irreplaceable natural resource, containing 21% of the worlds, and 95% of North America's, fresh water vital to human and environmental health; WHEREAS the Great Lakes are vital to the economic and agricultural well-being to both Canada and the United States of America; WHEREAS Lake Huron and the connecting waters, including Lake St. Clair, are a source of drinking water for millions of people downstream in Canada, the United States of America and First Nations; WHEREAS concern has been expressed by individuals, citizen and environmental groups and municipalities and counties in both Canada and the United States; WHEREAS under the 2012 Protocol Amending the Agreement Between Canada and the United States of America on Great Lakes Water Quality, the governments of Canada and the United States acknowledge the importance of anticipating, preventing and responding to threats to the waters of the Great Lakes; WHEREAS the Governments of Canada and of the United States share a responsibility and an obligation to protect the Great Lakes from contamination from various sources of pollution, including the leakage of nuclear waste from an underground nuclear waste repository: WHEREAS placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any suggested economic benefit that might be derived from burying radioactive nuclear waste at this site. The ecology of the Great Lakes, valuable beyond measure to the health and economic well-being of the entire region, should not be placed at risk by storing radioactive nuclear waste underground so close to the shoreline; NOW THEREFORE BE IT RESOLVED, (a) That the City of Niagara Falls, in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository at the Bruce Nuclear Generating Station nor any other underground nuclear waste repository beconstructed in the Great Lakes Basin, in Canada, the United States, or any First Nation property. (b)That the City of Niagara Falls urges the Government of Canada and the Government of Ontario to reject(and seek alternatives to) Ontario Power Generation's proposal to bury radioactive nuclear waste in the Great Lakes Basin. (c) That copies of this resolution be provided to Ontario Premier Kathleen Wynne, Canada's Prime Minister Stephen Harper, and Canada's Federal Minister of the Environment Leona Aglukkaq. 2 From: fif gstopthenucleardumpcorn Date: January 10, 2014 2:14:25 PM EST To: janice wing©cogeco._c_a Subject: [FWD: Urgent Request for Resolution Against a Nuclear Waste Dump] Hello Janice, Nice speaking with you today. I am very pleased that you have agreed to act as a "champion" to put forward a resolution opposing OPG's proposed nuclear waste repository. As mentioned, see email below that I had originally sent to Mayor Diodati concerning the nuclear waste repository issue, including attachments. Note: I replaced the proposed draft resolution that I had included in the original email with a more current version. Please also note that since writing the email, our petition has now surpassed 45,000 signatures. I am also including a Q&A document that may assist you in responding to questions that may arise during the council meeting. Many thanks for your assistance. Please don't hesitate to contact me should you require any further info. Best regards, Frank Fernandez Original Message Subject: Urgent Request for Resolution Against a Nuclear Waste Dump From: <fjf @stopthenucleardump cpm> Date: Tue, December 03, 2013 12:35 pm To: idiodati @niagarafalls,ca Dear Mayor Diodati, I am a member of Stop The Great Lakes Nuclear Dump, a non-profit organization formed by a group of citizens who are deeply concerned about an important National issue: Ontario Power Generation (OPG) plans to build a nuclear waste repository to bury radioactive nuclear waste right beside the Great Lakes, 21% of the world's fresh surface water and the source of drinking water for 40 million people in two countries. The Great Lakes are a precious National treasure. Public hearings on this project commenced on September 16, 2013 and ended on October 30, 2013. Approval could occur early in 2014. I am writing to you today to encourage the City of Niagara Falls to join other cities and municipalities in Canada and the US that are taking action to oppose this ill-conceived plan. It may interest you to know that Toronto, Mississauga, 3 Oakville, Hamilton, London, Kingston, Ajax, Windsor, Sarnia, Essex County and many other communities have passed resolutions opposing the proposed nuclear waste repository. The combined population of communities that have passed resolutions is currently about 8.7 million people. For a complete list of resolutions that have been passed so far in Ontario, Michigan and Ohio opposing OPG's plan, see t tp://stoothegreatlakesnucleardu mp.com/resolutJons.pho There are many reasons why the City of Niagara Falls should be concerned about OPG's plan, namely: • Niagara Falls drinking water sources, including Lake Erie, the Welland Canal and Lake Ontario, are downstream of the proposed nuclear waste repository. • Despite the fact the OPG was required under the Environmental Impact Statement guidelines to consider alternative sites, OPG did not consider or investigate any other sites for this nuclear waste repository. We note with interest that OPG's owner, the Government of Ontario, owns and controls 87% of Ontario's land mass, this being crown land. • OPG's public consultation focused primarily on Bruce County with some very limited outreach in Michigan; OPG failed to inform or seek input from citizens living in many Great Lakes communities in Canada and the US, or their elected officials. • This nuclear waste repository will need to safely house the most lethal waste ever created by humans - radioactive nuclear waste, some of which remains toxic for 100,000 years. • No scientist or geologist can provide a 100,000 year guarantee that this nuclear waste will not leak and contaminate the Great Lakes. • A nuclear waste repository in limestone is unprecedented and unproven anywhere in the world. You should know that opposition to OPG's plan is growing daily. Our organization launched a petition that to date has gathered over 43,000 signatures, including signatories from every Province and Territory in Canada, all 50 US States, and 96 countries of the world. Various environmental groups are actively opposing OPG's plan. We believe that the residents of the City of Niagara Falls deserve to know about this issue and have an opportunity to speak out for the protection of this precious National treasure. I am writing to you today to ask the City of Niagara Falls to consider formally 4 expressing its opposition to OPG's plan and to speak out for the protection of the Great Lakes. If the City of Niagara Falls passed a resolution about this issue, this would send a clear message to Canada's Minister of the Environment, Leona Aglukkaq that the City of Niagara Falls view the Great Lakes as an important national resource that must be protected. Mayor Diodati, we sincerely hope that you and your fellow Councillors will consider passing a resolution against this nuclear waste repository approximately 1 km from the shore of Lake Huron. Some further information which may assist you and your fellow Councillors with your deliberations: • Oral testimony to the Joint Review Panel by Beverly Fernandez, Spokesperson for Stop The Great Lakes Nuclear Dump. See http://__tinyurl.com/m49dey7 • Submission to the Joint Review Panel by the Great Lakes and St. Lawrence Cities Initiative (GLSLCI), a group of 106 Great Lakes Mayors representing 16 million people living in the Great Lakes region of which the City of Niagara Falls is a member. You may be aware that the GLSLCI organization testified at the public hearings and formally expressed its concerns and opposition to OPG's plan. See http://www.ceaa.qc.ca/050/documents/p17520792802E.PDF • Oral testimony to the Joint Review Panel by Michigan State Senator Hoon- Yung Hopgood expressing concern and opposition to OPG's plan. See h_ttp:/lti nyu rl_comjkitol81 • A youtube video by Michigan State Representative Sarah Roberts opposing OPG's plan and encouraging citizens to sign the Stop The Great Lakes Nuclear Dump petition. See htttp J/www.youtube,corr%vvatchnv=otMa'zg =KXg • A draft resolution that the City of Niagara Falls might consider passing together with some sample resolutions that have already been passed by other Canadian and US communities. See attached. Thank you very much for your time and consideration of this matter. Most sincerely, Frank Fernandez To learn more please visit: wvv_w.stopthegrea_'.akesnucleardump.com To sign the online petition: httpa/www.gopetition.comlpetition.s stoprhegreatlakesnuciea dump rtmi 5 Stop The Great Lakes Nuclear Dump Inc. is a non-profit organization comprised of concerned Canadians who believe that the protection of the Great Lakes from buried radioactive nuclear waste is responsible stewardship, and is of national and international importance. The Great Lakes were created by an ice age 12,000 years ago. The Egyptian pyramids were created 4,500 years ago. Some nuclear waste remains radioactive for 100,000 years. The Great Lakes constitute 21% of the world's fresh water. The Great Lakes are the water source supporting 40 million people in 2 countries. An underground nuclear waste dump 1 km from the shore of Lake Huron defies common sense 6 r ... L_ tH =• j10fl — d L u o. 0. U .., °+ey.,,„: '' _ . [ i#. 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Y r Y v Nr Tr 2 ru1\ §cn ) j t F. 13 C / i \ C ) 9 \ NI C / \ \ \ LT \ \ ƒ \ \ 0 In cn ± Q -.%f \ \ \ $ . \ \ F. \ \ ® C ƒ \ ) : \ , e } I } - ) j / ; 5 - j ) : H / / &) ! \ I Official Resolution City of St. Clair Shores Mayor and City Council Macomb County, Michigan At a meeting of the St. Clair Shores City Council held on Monday, July 7, 2008, the following resolution was offered by Ronald J. Frederick, and seconded by Matthew S. Ahearn, to adopt the following: A Resolution in Opposition of the Proposed Nuclear Waste Repository Near Kincardine,Ontario Nor Any Other Underground Repository Be Constructed In the Great Lakes Basin, in Canada, the United States or Any First Nation Property WHEREAS,the St. Clair Shores City Council strongly values the water quality of Lake St. Clair and the Great Lakes; and WHEREAS, the Great Lakes are an irreplaceable resource containing 22% of the world's and 95% of North America's fresh water vital to human and environmental health; and WHEREAS,the Great Lakes are vital to the economic well-being of the area and the Nation; and WHEREAS, Lake Huron and the connecting waters, including Lake St. Clair, are the source of drinking water for millions of people downstream in the United States, Canada and First Nation; and WHEREAS, Michigan Act 204 of 1987, the Low-Level Radioactive Waste Authority Act, MCL 333 26201 — 333.26226, set forth siting criteria for the disposal of low-level radioactive waste. Such criteria excludes any site "located within 10 miles of Lake Michigan, Lake Superior. Lake Huron, Lake Erie, St. Mary's River, Detroit River, St. Clair River or Lake St. Clair;"and WHEREAS, to protect water quality, other siting criteria of Act 204 excludes sites (I) located within a 500 year floodplain; (2) located over a sole source aquifer or (3) located where the hydrogeology beneath the site discharges groundwater to the land surface within 3,000 feet of the boundaries of the site;and WHEREAS, no Michigan site was likely to meet all statutory siting criteria and similar siting criteria should be used in Canada and other locations in the Great Lakes Basin; and WHEREAS, a proposal has been made for a low and intermediate level nuclear waste repository near Kincardine,Ontario, which this type of project has never been done before and which would not meet the siting criteria established under Act 204; and NOW THEREFORE BE IT RESOLVED that the St. Clair Shores City Council , in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository near Kincardine, Ontario nor any other underground repository be constructed in the Great Lakes Basin, in Canada, the United States or any First Nation property. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the appropriate legislature in the Great Lakes Basin, Canada, the United States and any First Nation property. Ayes: I. Mary A. Kotowski, City Clerk of the City' of St. Clair Shores do hereby certify that the foregoing is an excerpt from the minutes of a meeting of the St. Clair Shores City Council held on July 7, 2008, in accordance with the Open Meetings Act, Public Act No.267 of 1976 as amended. i / M 'At KO'fOWSKI, CITY CLE and of Commissjon° eys 2013 "5?‘ RESOLUTION 813-142 NO. 19- OffticiaiResohttion of the Board of-Commissioners .ilacomb County, :Michigan A Resolution Opposing the Construction of an Underground-Nuclear Waste Repository in Ontario, Canada,Nar Any Other UtufergraundRepository Be Constructed in the great Lakes Basin, in Canada, the United States or Any first Jldtum.Property Commissioner'Toni:Aloceri, Commissioner 4ichaelBoyle, Commissioner Veronica JCCinefelt, and Commissioner 7cathy Vosbtirg on Behalf of the Board-of Commissioners, Offer the on following Resoluti . - Whereas, the lac nin County 'Board of Commissioners passed a similar resolution in 2008, resolution number 42, to oppose the proposed nuclear waste repository near :Kincardine, Ontario by Commissioner Chair"Witham_A. Crouchman and Whereas, the Macomb County BoarAofConunissioners still-strongly values the water quality of Lake St. Clair and the great Lakes;and Whereas, the great Lakes are an irreplaceable resource containing 22% of the wor&ls and 9,5% of North America's fresh water vital to human andenvtroninentalhealth; and 'Whereas, the Great Lakes are vital to the economic and agricultural wellbeing of the area and the Nation;and Whereas, Lake 7-Citron and the connecting waters, incliiiing Lake St. Clair, are the source of drinking water for millions of people downstream in the 'United States, Canada and first Nation,' and- Whereas, MMichgan Act 204 of 1987, the Low-Level Radioactive Waste Authority Act, MCL 333.262m -333.26226, set forth siting criteria for the disposal of low-level radioactive waste. Such criteria excludes any site "located within ro miles of Lake Michigan, Lake Superior, Lake .Huron, Lake 'Erie, St. Jsiary"s 'River-, Detroit River, St. Clair River or Lake St. Clair;° and Whereas, to protect water quality, other siting criteria of Act 204 excludes sites (i) located within a son year floodplain; (2) located over a sole source aquifer or (3) located where the hydrogeology beneath the site discharges groundwater to the hani surface within 3,000 feet of the boundaries of the site;and Whereas, no Michigan site was likely to meet all statutory siting criteria andsimilzr siting criteria shoutdbe used in Canada and other locations an the great Lakes Basin; and • Whereas, Ontario Power generation is proposing to construct an underground Cong-term burial ftcihty for all of Ontario's lrw and intermediate fever radioactive waste at the 'Bruce .Nuclear generating Station, some of which is highly radioactive and much of which will remain toxic for aver too,00n years. This site, less than a mile inCatulfrom the shore of Lake 3hir-ot and about ado yards below the hike level, is.approximately 120 miles upstream from the main drinking water intakes for southeast Michigan; and Whereas,placing apennanent nuclear waste burialfacihty so close to the Great Lakes is ill advised 'The potential-damage to the great Lakes front any leak or breach of radioactivity (ar outweighs any benefits that could lie derived from burying radioactive waste at this site. 'The ecology of the Lakes, which is valuable beyond measure to the health and economic well- being of this entire region, should not be placed at risk by storing radioactive waste so close to the shoreline; Ninv Therefore Be It Resolved that the 'Macomb County 'Board of Commissioners, in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository at the Bruce .Nuclear Generating Station nor any other undergraund repository be constructed in the great Lakes Basin, in Canada, the tinned States or any first .Nation property. Be It further Resolved that the :Macomb County 'Board of Commissioners urges Canadian officials to find alternatives to Ontario Power G'eneration's proposal-to bury nuclear waste in the Great Lakes basin_ Be It further 'Resolved that copies of this resohttion be provided to Governor Rick Snyder, adCiMacamh County state legislative delegation, U.S. Senator Carlfevirt, U.S. Senator'Debbie Stabenaw, 'U.S. 'Representative Candice Miller, US. Representative Sander Levin, Ontario Premier :Cathleen "Wynne, and:Michael Binder, President and CEO of Canadian Nuclear Sa ety Commission(C9vSC). David) fCyrtn, Niiairman,t CarmellaSabaugh 'Macomb County Boardofit'ommissioners ;Macomb County Clerk I Tani Moceri, County Co missioter MiehaelBoyle, County Commissioner / { y _ erotica nefelt ounty CcnVtmts,ioner 9Cathy D.'Vi rg, County Commas I October 2, 2013 Deep Geologic Repository Project Canadian Environmental Assessment Agency 160 Elgin Street, 22nd Floor Place Bell Canada Ottawa, ON K1A OH3 RE: Deep Geologic Repository Project— Reference No. 17520 I hereby certify that the Municipal Council, at its session held on October 1, 2013 resolved: WHEREAS the Great Lakes are a connected water system; AND WHEREAS the Great Lakes Basin is home to 90% of Ontario's population; AND WHEREAS the Great Lakes contribute an estimated $180 billion to Canada-U.S. trade; AND WHEREAS the Great Lakes support 45% of Canada's industrial capacity; AND WHEREAS the Great Lakes sustain a $100 million commercial fishing industry; AND WHEREAS the Great Lakes sustain a $350 million recreational fishing industry; AND WHEREAS the Municipal Council, on January 29, 2013, requested further information and consultation which has not been forthcoming, nor has a consultative approach been taken regionally, though the Joint Water Boards; AND WHEREAS the City of London is concerned that the proposal for a nuclear waste repository near Kincardine, Ontario may set a precedent for possible future expansion of Deep Geological Repositories (DGR) for high level nuclear waste, without full engagement and consultation with Great Lakes Basin municipalities; AND WHEREAS the Clean Water Act of Ontario demands that Municipal Councils uphold a high standard of care in order to protect water quality; NOW THEREFORE BE IT RESOLVED that the Municipal Council of The Corporation of the City of London, in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository near Kincardine, Ontario, nor any other underground nuclear waste repository, be constructed in the Great Lakes Basin, in Canada, in the United States, or on any First Nations property. C Saunders City Clerk /jb cc: A. Zuidema, City Manager J. Braam, Managing Director, Environmental and Engineering Services & City Engineer J. Lucas, Director, Water and Wastewater r_ T I-Innrrnf nirartnr intarnnvammantal anri Cnmmunity Liaison I. Mathyssen, 1700 Dundas Street, London, ON N5W 3C9 J. Preston, 24, 1st Avenue, Unit 2, St. Thomas, ON N5R 4M5 Association of Municipalities of Ontario September 12, 2013 The Right Honourable Stephen Harper Prime Minister of Canada Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A6 The Honourable Kathleen Wynne Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 The Honourable Leona Aglukkaq Minister of the Environment House of Commons 458 Confederation Building Ottawa, Ontario K1A 0A6 Re: Ontario Power Generation's Plans to Build a Nuclear Waste Repository beside the Great Lakes Hamilton City Council, at its meeting held on September 11 , 2013 endorsed the following resolution: 5.5 Correspondence from Beverly Fernandez, Spokesperson for Stop the Great Lakes Nuclear Dump, respecting Ontario Power Generation's Plans to Build a Nuclear Waste Repository beside the Great Lakes Recommendation: That the Resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin be supported and copies be forwarded to the Hamilton Conservation Authority, Conservation Halton, the Grand River Conservation Authority, and the Niagara Peninsula Conservation Authority. Yours truly, R. Bratina Mayor Attachment File C13-016 (5.5) c.c. Hamilton Conservation Authority Conservation Halton Grand River Conservation Authority Niagara Peninsula Conservation Authority Resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin WHEREAS Ontario Power Generation is proposing to construct an underground long- term burial facility for all of Ontario's low and intermediate level radioactive nuclear waste at the Bruce Nuclear Generating Station, some of which is highly radioactive and will remain toxic for over 100,000 years. This site is approximately one kilometre inland from the shore of Lake Huron and about 400 metres below the lake level; WHEREAS water is Canada's most important resource and should be protected and managed prudently; WHEREAS the Great Lakes are an irreplaceable natural resource, containing 21% of the worlds, and 95% of North America's, fresh water vital to human and environmental health; WHEREAS the Great Lakes are vital to the economic and agricultural well-being to both Canada and the United States of America; WHEREAS Lake Huron and the connecting waters, including Lake St. Clair, are a source of drinking water for millions of people downstream in Canada, the United States of America and First Nations; WHEREAS concern has been expressed by individuals, citizen and environmental groups and municipalities and counties in both Canada and the United States; WHEREAS under the 2012 Protocol Amending the Agreement Between Canada and the United States of America on Great Lakes Water Quality, the governments of Canada and the United States acknowledge the importance of anticipating, preventing and responding to threats to the waters of the Great Lakes; WHEREAS the Governments of Canada and of the United States share a responsibility and an obligation to protect the Great Lakes from contamination from various sources of pollution, including the leakage of nuclear waste from an underground nuclear waste repository; WHEREAS placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any suggested economic benefit that might be derived from burying radioactive nuclear waste at this site. The ecology of the Great Lakes, valuable beyond measure to the health and economic well-being of the entire region, should not be placed at risk by storing radioactive nuclear waste underground so close to the shoreline; NOW THEREFORE BE IT RESOLVED, (a) That the City of Hamilton, in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository at the Bruce Nuclear Generating Station nor any other underground nuclear waste repository be constructed in the Great Lakes Basin, in Canada, the United States, or any First Nation property. (b) That the City of Hamilton urges the Government of Canada and the Government of Ontario to reject (and seek alternatives to) Ontario Power Generation's proposal to bury radioactive nuclear waste in the Great Lakes Basin. (c) That copies of this resolution be provided to Ontario Premier Kathleen Wynne, Canada's Prime Minister Stephen Harper, and Canada's Federal Minister of the Environment Leona Aglukkaq. Draft Resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin WHEREAS Ontario Power Generation is proposing to construct an underground long-term burial facility for all of Ontario's low and intermediate level radioactive nuclear waste at the Bruce Nuclear Generating Station, some of which is highly radioactive and will remain toxic for over 100,000 years. This site is approximately one kilometre inland from the shore of Lake Huron and about 400 metres below the lake level; WHEREAS water is Canada's most important resource and should be protected and managed prudently; WHEREAS the Great Lakes are an irreplaceable natural resource, containing 21%of the worlds, and 95%of North America's, fresh water vital to human and environmental health; WHEREAS the Great Lakes are vital to the economic and agricultural well-being to both Canada and the United States of America; WHEREAS Lake Huron and the connecting waters, including Lake St. Clair, are a source of drinking water for millions of people downstream in Canada, the United States of America and First Nations; WHEREAS concern has been expressed by individuals, citizen and environmental groups and municipalities and counties in both Canada and the United States; WHEREAS under the 2012 Protocol Amending the Agreement Between Canada and the United States of America on Great Lakes Water Quality, the governments of Canada and the United States acknowledge the importance of anticipating, preventing and responding to threats to the waters of the Great Lakes; WHEREAS the Governments of Canada and of the United States share a responsibility and an obligation to protect the Great Lakes from contamination from various sources of pollution, including the leakage of nuclear waste from an underground nuclear waste repository; WHEREAS placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any suggested economic benefit that might be derived from burying radioactive nuclear waste at this site. The ecology of the Great Lakes, valuable beyond measure to the health and economic well-being of the entire region, should not be placed at risk by storing radioactive nuclear waste underground so close to the shoreline; NOW THEREFORE BE IT RESOLVED, that the [city] of , in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository at the Bruce Nuclear Generating Station nor any other underground nuclear waste repository be constructed in the Great Lakes Basin, in Canada, the United States, or any First Nation property. BE IT FURTHER RESOLVED,that the city of urges the Government of Canada and the Government of Ontario to reject(and seek alternatives to) Ontario Power Generation's proposal to bury radioactive nuclear waste in the Great Lakes Basin. BE IF FURTHER RESOLVED,that copies of this resolution be provided to Ontario Premier Kathleen Wynne, Canada's Prime Minister Stephen Harper, Canada's Federal Minister of the Environment Leona Aglukkaq as well as Joint Review Panel Deep Geological Repository for Low and Intermediate Level Radioactive Waste Case Reference Number 17520, Panel Co-Manager, Ms. Debra Myles, all Members of Ontario's Provincial Parliament and all Members of Canada's Parliament. Responding to Questions that May Arise With Respect to Motion to Oppose OPG's Nuclear Waste Repository Q. What are OPG proposing to bury...isn't this just mops and rags that aren't anything to worry about? A. • OPG is proposing to bury low and intermediate radioactive nuclear waste approximately 1 km from the shore of Lake Huron. • Low level waste is comprised of mops, rags, and paper towels. Low level waste stays dangerous for about 300 years. • Intermediate level waste is comprised of resins, filters and irradiated components from within the nuclear reactor itself.These materials are almost as dangerous as nuclear spent fuel. It remains radioactive,toxic and dangerous for over 100,000 years. Q. What does OPG presently do with the waste?Where is it presently stored? A. • All of the low and intermediate radioactive waste from all of Ontario's nuclear reactors (Darlington, Pickering and Bruce) is shipped to the Bruce site, and stored there. • The low level waste is stored above ground in a warehouse and the intermediate waste is buried just below the surface in concrete and steel shielded vaults. Q Isn't it safer to bury it 680 metres below ground vs leaving it at the surface?What about terrorism or earthquakes or other weather events? A. • This nuclear waste has been safely stored above ground for 40 years. • When it is above ground, it can be monitored for leaks, and any leaks can be dealt with. • As for terrorism, there is technology that exists today (above ground reinforced hardened concrete casks) that is bomb proof. One solution would be to re-encase this waste above ground, and have it remain there where it can be monitored. • One of the concerns with burying it right beside the lake is that once they seal up the repository and abandon the site (which OPG is planning to do after 300 years), it won't be monitored....it will be out of sight and out of mind. • Should the nuclear waste leak into the lake, this would be an immense disaster....and we won't know about it until it is too late. • OPG is NOT providing any guarantees. This has never been done before and OPG says its "not likely" to leak Q. Do any deep geologic repositories exist anywhere else in the world? A. • A DGR in limestone does not exist anywhere in the world. • A DGR in limestone is untested and unproven • There are 2 DGRs in Germany, however they both have experienced serious problems and are now both closed: o ASSE II DGR in a salt mine in Germany was used to house low and intermediate nuclear waste. After 20 years of operation,this DGR starting leaking, despite assurances that this would never happen. 12,000 litres of water per day are leaking into this DGR that was supposed to be completely dry and non-corrosive. The scientists have no idea where the water is coming from, or how to stop it. The groundwater at ASSE II is contaminated. The Asse II DGR is in danger of collapsing and remains an unmitigated disaster to this day. What would have happened if this Asse II DGR had been approved on the shore of the Great Lakes? o Morsleben is also a DGR in a salt mine. This too has had problems and is in danger of collapse. • There is an operating DGR in New Mexico in the US called the Waste Isolation Pilot Project. This DGR houses nuclear wastes from the US defence program. It is located in a salt mine in a desert and not near water like the Kincardine DGR. Q. I understand OPG says it is safe and there is no way the radioactivity can get into Lake Huron because the geology at the site provides a perfect barrier? A. • We understand there are many geologists and scientists who do not agree with OPG's analysis, and who are expressing serious concerns. Dr. William Fyfe, professor emeritus at the University of Western Ontario, one of the world's most eminent geo-chemists and an international expert on nuclear waste says —you do not put nuclear waste near things like the Great Lakes or the great rivers in case there's a leakage that you haven't expected." • The fact of the matter is that no scientist or geologist can guarantee that this DGR will not leak and contaminate the Great Lakes. • What we do know is that burying nuclear waste in limestone is unprecedented and unproven anywhere in the world. • This is an experiment. • Sometimes the unthinkable can happen...this is exactly what has happened at Fukishima in Japan. • Many, like the Great Lakes and St. Lawrence Cities Initiative feel it is irresponsible to bury this waste right beside an important drinking water source, especially when OPG did not consider any other sites. • The siting of a garbage dump requires consideration of multiple sites. Q. They have to do something with the waste. Isn't it more responsible to bury it so future generations won't have to deal with the problem? A. • Yes the waste must be dealt with...but this doesn't mean it must be buried right beside the Great Lakes. • A major problem with this proposal is that OPG didn't consider any other sites for the location of this DGR. • Under the Environmental Assessment requirements, OPG was supposed to look at other sites and they did not do so. • The Great Lakes and St. Lawrence Cities Initiative, the organization our City was a founding member of, and many others organizations, governments and members of the public are opposing OPG's plan. • OPG might say it is safe. Many don't agree. • Many are questioning why would we take ANY risk with the Great Lakes, the drinking water for Toronto and for 40 million people in two countries, when we do not need to do so? • Some say that by burying and abandoning this waste so deep underground you close your mind to the efforts under way elsewhere to develop new technology to use or remediate such waste in the future. • Even if it was determined that this lethal material must be buried,the responsible course of action would be to bury it far from people and far from this important drinking water source outside of the Great Lakes Basin. • Either way, burying this nuclear waste beside our Great Lakes is not the answer. Q. We understand that OPG has undertaken extensive analysis and consulted experts worldwide. Surely this should give us comfort that this DGR will be safe? A. • Dr. Duinker is a professor with 30 years of experience in environmental assessments and an independent consultant that was hired by the Joint Review Panel hired to review OPG's work . • He was asked to assess OPG's work using the following criteria: Credibility, Defensibility, Clarity, Completeness, Reliability, Appropriateness • His written findings are very alarming: • "The Environmental Assessment I examined from the perspective of determination of significance of residual adverse effects has significant flaws of approach and method. Against the criteria I was instructed to use, I find that the analysis embodied in the EIS and Consolidated Responses is: not credible, not defensible, unclear, not reliable, inappropriate" • "The Cumulative Effects Assessment I examined has large flaws of approach and method. Against the criteria I was instructed to use, I find that the analysis embodied in the Environmental Impact Statement and Consolidated Responses is: not credible, not defensible, clear enough, reasonably complete, not reliable, inappropriate" • In his oral testimony tothe Joint Review Panel he said "1 think the environmental assessment is sufficiently flawed that the findings cannot be trusted" • These conclusions from an expert who is independent of OPG do not inspire confidence in OPG's work and indeed should raise serious doubt in the minds of the public about the soundness of OPG's plan. • Given that this project has the potential to affect the drinking water of 40 million people, it goes without saying that OPG's environmental assessment work must meet the highest standards possible. Dr. Duinker's review clearly demonstrates that this has not happened. Q. Since Kincardine is prepared to take it, perhaps this is a good idea. After all,the waste is already sitting in Kincardine. A. • Whatever we do, the focus needs to be on finding the safest place and safest technology possible for dealing with this waste. • It simply is not sufficient that Kincardine has indicated they are willing to take this waste. • All communities that rely on the Great Lakes for their drinking water should have been consulted since it is their drinking water that is being placed at risk, yet they have had no say in this matter. The 4,067 people in Kincardine who indicated they were in favour in a telephone poll should not have the power to decide for 40 million. • OPG needs to carefully consider other sites away from the Lake. • Dr. Duinker who is a professor and a consultant that the Joint Review Panel hired to review OPG's research stated in his report that OPG's information is "Not credible, not reliable, and not defensible". These are very damning words, and do not inspire confidence in OPG's plan to bury this lethal material right beside the Great Lakes. Q. Kincardine says they benefited from having the Bruce Nuclear site nearby and now they have to do the responsible thing and take care of this nuclear waste. A. • Kincardine may have benefited by having the nuclear power plant, but this does not mean it is their responsibility to deal with all of Ontario's nuclear wastes. • All Ontarians use electricity produced by nuclear power plants and therefore we all have an obligation to deal with the resulting radioactive nuclear wastes produced. • The Great Lakes are a shared resource between Canada and the US. • A decision of this magnitude simply cannot be left to a small town such as Kincardine to decide. • This decision affects 40 million people and all those affected need to be properly consulted. Should 4,067 people who voted yes in a very questionable telephone poll have the POWER to make this decision on behalf of 40 million people? • This is why politicians in Michigan are expressing serious concerns and opposition to OPG's plan. Q. I read an article that mentioned that Jim Sygo, Deputy Director of Michigan's Department of Environmental Quality, studied OPG's plan and he seems to think OPG's plan is ok. A. • Jim Sygo's views are not shared by Michigan members of Congress, the Senate or the State Legislature, and communities, organizations and citizens all around the Great Lakes who are all opposing OPG's plan. • Jim Sygo cannot provide a guarantee that this waste won't leak into to the lake. He suggests the risks are "very minuscule." • Whenever I hear, don't worry, the risk is very small, I think of the disaster unfolding at Fukishima. The Japanese power company, TEPCO, assured the Japanese people that their nuclear plant would be safe. • They claimed that probability of occurrence of events that caused this catastrophe were miniscule...yet this so called low probability event occurred. • The fact of the matter is that OPG and the Ontario government are rolling the dice with the drinking water of 40 million people when these risks need not be taken. • OPG and the Ontario government did not consider any other sites, even though they were required to do so. • Michigan Senators Levin and Stabenow are urging US Secretary of State John Kerry to intervene to ask Canada to consider alternative sites away from the Lake. Q. Has there been any expression of concern from the American government or American citizens? A. • Yes, communities in Michigan and Ohio representing a combined population of over 3 million people have passed resolutions opposing the DGR, as has the Michigan Senate. • Michigan Senator Hopgood and State Rep Roberts approached Michigan Senators Levin and Stabenow, who have now asked Secretary of State John Kerry to intervene. • 4 Michigan congressmen have expressed their concern and opposition to the Joint Review Panel. Q. Which other communities in Ontario are opposed? A. • Toronto, Mississauga, Oakville, Hamilton, London, Windsor, Ajax, Kingston, Sarnia, Essex County, Lambton County, Blue Mountains and Kingsville • Combined population of these communities is about 5.6 million. Q. The Great Lakes are shared by Canada and the US. Are there any laws that come into effect ? A. The Great Lakes Water Quality Agreement (GLWCQA) is a very important agreement that exists between Canada and the United States. • Canada and the US share a responsibility to protect the Great Lakes under this agreement • It was recently amended in September 2012 Q. Does the Great Lakes Water Quality Agreement require that the Canadian Government seek American government approval for this nuclear waste dump? A. • Under this Agreement the Waters of the Great Lakes are supposed to be a source of safe, high- quality drinking water; and be free from pollutants that could be harmful to human health • Both governments are supposed to notify each other of planned activities that could lead to a pollution incident or have a significant cumulative impact on the Waters of the Great Lakes....the storage and transfer of nuclear waste or radioactive materials is a specifically identified activity. • Clearly providing notification is not enough • Under this Agreement both governments are required to develop and implement pollution abatement, control, and prevention programs for sources of radioactive materials • Unfortunately, there is no action happening under the Great Lakes Water Quality Agreement and the federal government needs to know that this is a serious concern for Canadians including the citizens of Toronto. We need to send them a message and this resolution is a good start. Q. Do you know if this is something that would require US Presidential approval or authorization? A. • This is a Canadian project being built in Canada • My understanding is it is subject only to Canadian government approval requirements (i.e. an EA followed by federal government approval) • That said, both Canada and US are obligated to protect the integrity of the Waters of the Great Lakes under the Great Lakes Water Quality Agreement 2012. • Canada/USA have an obligation to deal with the threat posed by the burial of nuclear waste in the Great Lakes Basin under the Great Lakes Water Quality Agreement 5 4 5 5 5 C C1ll IARI\LS Economic R Y Of Development & Customer Service Office of the-City-Clerk P O. Box 3012. 50 Church Street Phone: 905 688 5600 St. Catharines. ON L2R 7C2 Fax: 905-682-3631 TTY. 905-688-4TTY (4889) December 5, 2013 The Honourable Linda Jeffrey Minister of Municipal Affairs and Housing 777 Bay Street. 17th Floor Toronto. ON M5G 2E5 Governance— Final Report to Council Report No. EDCS-377-2013 Please be advised that Council, at its meeting held December 2. 2013. gave consideration to report from the Governance Committee. The Mayor and Members of Council supported the following motion as presented by Councillor Burch. That Council endorse as its preferred governance modernization option, a Representation by Riding option where three Regional Councillors are elected in each of Niagara's four Federal / Provincial ridings for a total of 12 Regional Councillors and a Chair; and That all Municipal Councils in Niagara be notified and asked for their consideration and feedback; and That Provincial and Federal Representatives in Niagara and the Ontario Minister of Municipal Affairs and Housing be notified." The Mayor and Members of Council thank you for your consideration. support and feedback for this governance model Lii C c Bonnie Nistico-Dunk City Clerk cc Janet Pilon, Clerk. Region of Niagara Local Area MP's Local Area MPP's Local Area Municipalities Si . c - Corporate Report Report from Governance Committee Date of Report: October 3, 2013 Date of Meeting: December 2, 2013 Report Number: EDCS-377-2013 File: 35.60.63 Subject: Governance - Final Report Recommendation That Council receive this report for information only. FORTHWITH Summary This report is the final report from the City of St. Catharines' Governance Committee. The report provides the results and a synopsis of the three public meetings and the online survey that were held to receive public input for Council's consideration. Background On July 8, 2013, the General Committee of Council reviewed a report from the City of St. Catharines Governance Committee. The report contained a recommendation from the Committee, as follows: "That the Governance Committee seek Council's approval to request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the "Double-Direct Method"as outlined in this report, where six members of Council would serve on both Regional and City Council, while six members of Council would serve only on City Council; and That if the Region agrees to make this request, that the City of St. Catharines reconvene the Governance Committee to decide upon how these Councillors would be elected; and That a citizen's committee be established to discuss and decide upon the issues related to compensation of these new `double-duty' Councillors. FORTHWITH" Councillor Secord moved to refer the report and requested the following: "That Council refer the report to two public consultations to be held July 15, 2013 and August 8, 2013; and Page 1 of 9 "That the report come back after those meetings to the meeting of Council August 12, 2013, before AMO; and That summaries of the two public consultations be forwarded to the Members of Council." Councillor Elliott proposed a further amendment as follows: "That staff be directed to hold an additional public consultation for governance in September, 2013." Motion to refer was carried as amended That same evening Council directed that staff and the committee: • Explore the option of providing 'live streaming' through the website for public consultation • That the future report be 'received for information purposes' with committee recommendations contained in the body of the report • That other governance options be included in the next report • That term limits be part of the public consultation • That cost information be provided for representation by population Following this meeting the committee agreed upon three dates for public consultation meetings. The meetings were held on: • August 8, • September 16, and • September 30, 2013 Staff met with the Communications Division to develop a public engagement strategy. The agreed upon strategy was to produce a postcard with key points about the subject and the public meeting dates, times and locations. An online survey was developed and launched on July 23, 2013, and ran on the City's web site until midnight on September 30, 2013. As well, a brochure on the topic of Governance Reform was developed to answer some basic questions about the subject. This approach was the most cost and time effective way to reach the citizens of St. Catharines. Copies of the material are attached to this report as Appendix 1 . Although Council directed staff to provide 'live streaming' of the meetings, it was determined that this was cost prohibitive. Councillor Siscoe was asked to prepare a presentation that would be the opening remarks for the three public meetings. This presentation provided the public with an overview of the committee's work to date and their next steps. A copy of the presentation is attached to this report as Appendix 2. Attached as Appendix 3 to this report is the first report from the Governance Committee dated March 19, 2013. Page 2 of 9 Report The online survey A total of 106 surveys were received. Attached as Appendix 4 are the results of the online survey for Council's information. The information has been categorized by staff for Council to review. This is staff's perception of what the citizens who responded to the survey are saying: 1. City of St. Catharines Municipal Council Governance The majority of the respondents stated they are satisfied with the current system and do not support a change, nor an at-large municipal system (there is a preference to keep the present ward system). 2. Full-time versus Part-time Councillors There is not a strong leaning between the two; however, there is less support for a full-time Councillor if it does not reduce the overall number and the overall cost of Councillors. 3. City / Region Council Governance There appears to be general support for some form of dual purpose Councillor if it reduces the number of overall Councillors and improves the communication between the City of St. Catharines and the Region of Niagara. 4. Regional Council Governance There appears to be a general sense that the existing Regional Council system is not effective, and the overall number of Regional Councillors needs to be reduced. For instance, it is viewed that the perception is the Regional Councillors are quite parochial and representation by population should be implemented. After this survey was removed from the web site, staff received a call from a member of the community. The individual asked to meet with the City Clerk to ask questions about the recent process and to review the minutes from the committee meetings and asked that their feedback be shared with Council. The email is attached to this report as Appendix 5. The public meetings Generally speaking, the three public consultation meetings were not well attended. The total number of attendees was 26, and of this number, four of the individuals attended all three meetings and presented at each one. Given the low turnout, only assumptions can be drawn as to why more individuals were not present and engaged: • The topic was of no interest to them; • They are happy with the status quo; • They understand the process and feel there will likely be no changes anyway; • They are never engaged, no matter the issue; • It is an issue that does not affect them directly. Page 3 of 9 From the meeting records, the following information is being presented: Amalgamation • We need to look at the big picture — amalgamation • We need one level of government — amalgamation can work but it will take a lot of work, there are too many egos, opinions, etc. in the way; we need to eliminate some Councillors • One big city, all other communities do not exist anymore • No `stomach' at the province for amalgamation • There will be one Niagara in the future • Do not want to do it like Hamilton, will create a lot of resentment, most especially the farmers will be mad • Amalgamation can be done, ask someone from the Province to come here and lay down the rules, think way outside the box, none of the past reports mention the financial implications of amalgamating water, fire, tax and other services • No to amalgamation, each city has something different to offer • No to amalgamation, there is still no trust between the municipalities Full-time, part-time Councillors • Why do we have two part-time Councillors per ward, it should be one full-time Councillor per ward (pay them more, but ask the Region to pay some of the cost of the wage) • We should have one part-time and one full-time Councillor at the Region however individuals in the political ring risk losing their careers. • Need to eliminate some Councillors and get to one level of government • Politicians make it their job to get elected and stay elected, still too much segregation in St. Catharines alone (Port Dalhousie, Merriton, etc.) to add / delete politicians would not bring positive change • Full-time Councillors can only be ones who own partnerships where the other partner can run the business while they play politics. He would be anxious about hiring these full-time Councillors because it would skew towards certain occupations, such as lawyers. • The management structure does not create the team. • Cannot see how a change from a part-time to a full-time Councillor can change anything, can't see how this would serve the wards well • Lessen the number of Councillors • The amount of money Councillors are responsible for should justify a full-time Councillor • Should trim the Regional Council • The challenge will be to get the Councillors to do the right thing • Do not need a two tier Council • Value for money? The money is just a number if we get value for the money? • We want services not governance reform Page 4 of 9 • Federal and Provincial politicians are full-time, no issues are getting resolved there • Cannot afford full-time Councillors (quoted other cities who have dual roles are also at the high end of the average family income, St. Catharines is not high, therefore cannot afford full-time Councillors) • Dual role Councillors will cost too much Representation by population • Whatever we do, do not do things as they did it in Hamilton indicating that it will bring about a lot of resentment and farmers will be mad, especially with representation by population Generally speaking the public said: • No more said about governance, develop the Niagara Peninsula • There is a huge disconnect with people and politicians • Agrees politicians work hard and get things done • Councillor from Welland would like to talk about ideas to make it work, a pane! discussion to get all parties to the table together • People are confused about roles and responsibilities in upper and lower tier governments • Open communication to get it done right and make it easier for people to understand • Would like other Councillors to show an interest (Welland going through this as well) • Where does governance get us: our job rate is down, after many more meetings nothing has been done • Four bridges in St. Catharines, no one else in Canada has this, should make the most of this • Ask the Province to come down and lay down the rules • Think way outside the box • Do not support the city being part of a two tier government • Two tiers has not helped • St. Catharines is the same for the past 30 years, where Waterloo, Guelph, Barrie and Halton have all grown in size • Property taxes and water have increased drastically • The government has become more expensive to operate • Ask the Province to introduce the model we want • Council should facilitate the process but the public needs to participate (larger than this) • Two tiers has not hurt us but it has not helped either • Niagara region is not an industrial region, even though a lot of people still claim that we are or are going to be soon • There is a lack of trust between municipalities • Most companies have employees across the Niagara region, each city has something different to offer Page 5 of 9 • One source of revenue — all hands are in the same pot • No one is here because of governance although it is an important issue, it is not more important than taxes and budgets • Belief out there that we should lessen the number of Councillors • The amount of money we are spending should be important enough to have full- time Councillors • Regional Councillor numbers should be trimmed • The challenge will be to get all Councillors to do the right thing • Public input is the right thing to do • Not a complex question and the attendance has been low = little to no community concern • Who are our Regional Councillors, no one knows • Don't hear from constituents — they must be happy (reference to the low turn out at the meetings and no calls to the Councillors) • We want services not government reform • End duplication of departments (EDC Division, should be One!) • internal communications, another waste of money • City and Regional staff should be involved to a greater extent The City of St. Catharines' Governance Committee said: Shortly after this committee was organized, each member was asked to provide their thoughts on a proposal. Council, at its meeting of July 8, 2013, asked that this information be included within this report. The following information was reviewed by the committee and is being presented for Council's information: • Develop a system that would liken Niagara to the current federal and provincial electoral boundaries. That would mean there would be a four ward system. This proposes that in this system there would be three Regional Councillors elected at-large as well as a Chair to be elected at-large. • A second proposal would see the ward system abolished and the City would elect six Councillors and the Mayor at-large. Each of these positions would be considered full-time. Further, the Region should be reduced by half (to maintain proportionate representation). Another proposal was to consider amalgamating: St. Catharines, Thorold and Niagara-on-the-Lake; Wainfleet and Port Colborne; Niagara Falls and For Erie; Grimsby and Lincoln; and Pelham and West Lincoln. After such an amalgamation, limit the size of the new Council to 12-15 members. Continue to elect the Chair within the Council. • Representation by population for the Regional Council along with a reduced number of municipalities (3-5). Councillors should be a mix of six full- and six part-time at the City of St. Catharines. There should be one water utility and a review to streamline the duplication of City and Region responsibilities. • The number of wards should be reduced with one Councillor representing each ward. Elect double-direct city Councillors at-large and the Mayor and the double- direct Councillors would be the representatives at the Region. The Regional Page 6 of 9 Chair should be elected at-large not by the Regional Council. There should be a move to establish an Auditor General at the Region. There should be a review and investigation to amalgamate the municipalities. • A double-direct city Councillor model for the City and Region. The ward Councillors would remain part-time. The Regional Chair should be elected at- large and each municipality should decide how to elect their double-direct Councillors. Implementation of any changes to composition of Council Changes to the composition of Council are governed by Section 217 and 218 of the Municipal Act, 2001 (the Act). Section 214 of the Act governs changes to Council composition of local or lower tier municipalities. It is within City Council's jurisdiction to change the composition of its own Council, subject to certain rules. Rule Number 5 is that "the representation of a local municipality on the Council of an upper tier municipality shall not be affected by the by- law of the local municipality under this section". Basically, any changes to the manner in which St. Catharines' representatives on Regional Council are elected is a matter within the jurisdiction of Regional Council not City Council. Changes to the composition of an upper tier Council are governed by Section 218 of the Act and the jurisdiction under this section is exercised by the upper tier municipality. Sub-section 218 (2)(b) provides that the power to change the composition of the upper tier Council includes the power to change the method of selecting members of the Council, including having members elected to serve on both the upper and lower tier Councils - in other words, to permit a double-direct election. However, even Regional Council cannot do this without the Province's approval. Sub- section 218(5) a regional municipality (that was a region on December 31 , 2002) cannot pass a by-law to change the composition of its Council until the Minister of Municipal Affairs and Housing has, by regulation, authorized it to exercise those powers. Accordingly, it would require both Regional Council and the Province to implement a double-direct election to City Councillors. Assuming that Regional Council is willing to proceed and the required approval from the Province is obtained, passing the necessary by-law at Regional Council also requires a triple majority (sub-section 219(2)). That is: a majority of votes cast at Regional Council; and resolutions consenting to the by-law passed by seven of the 12 lower tier municipal Councils; and the seven (or more) lower tier municipalities that consent must represent greater than 50% of the total number of electors in the region. In order any changes to composition to take effect for the 2014 municipal election, the by-law must be passed prior to the end of the 2013 calendar year. If this deadline is not achieved, the change would not be implemented until the next regular election in 2018. Page 7 of 9 Representation by population and weighted votes In July when Council received the first report from the Governance Committee, Council asked staff to include the cost of the representation by population model. The chart below illustrates the number of Councillors that would be elected to the Region if this was implemented. REPRESENTATION BY POPULATION CURRENT COUNCILLORS BY MUNICIPALITY POPULATION NUMBER OF REPRESENTATION BY COUNCILLORS POPULATION Wainfleet 6,356 1 1 Fort Erie 29,960 2 5 Grimsby 25,325 2 4 Lincoln 22,487 2 4 Niagara Falls 82,997 4 13 Niagara-on-the-Lake 15,400 2 2 Pelham 16,598 2 3 Port Colborne 18,424 2 3 St. Catharines 131,400 7 21 Thorold 17,931 2 3 Welland 50,631 3 8 West Lincoln 13,837 1 2 TOTAL 30 68 Formula based on Wainfleet having one Councillor for a population of 6,356 When Dr. Siegel spoke to the committee, he mentioned that there is also a `weighted vote' that could basically serve the same purpose with less Councillors, therefore, less expensive. Each Councillor's vote would be weighted to equal the number of Councillors that would be at the table if it was representation by population. Dr. Siegel's one comment at this time was that collegiality would likely be lost in such a model. The cost consideration of the representation by population model would simply be the additional cost of the Regional Councillors for the 12 municipalities. Each Councillor is an additional cost of $27,527 per year, as well as the cost to the municipality of the `extra' Councillors, which in St. Catharines would be the stipend for the an additional nine members. Conclusion The report is a compilation of the information that Council has asked for to assist them with their decision making process. As per Council's direction, the report is submitted for your information only. Page 8 of 9 The Committee has reviewed the report and its' contents and has provided their feedback at a meeting held on November 6, 2013. Council should be aware that, at its meeting of September 20, 2012, Regional Council made a decision which essentially closes the door on governance changes with the exception of the Double-Direct Councillor issue which was to be considered by St. Catharines City Council. The Regional Council decision was deferred to allow St. Catharines Council to specifically decide on the Double-Duty Direct Councillor issue. Once Council reviews this report and makes their recommendation, the committee views their role as complete and a recommendation to disband the Governance Committee will be forthcoming. The committee members are Councillors Secord, Siscoe and Burch, Regional Councillors Caslin and Timms and citizen representatives Brett Sweeney, Dr. John MacTavish and Mike Sullivan. This committee has worked for the past two years, and it is fitting at this time to recognize and thank them for volunteering to commit many hours to the municipality on the Governance Committee. Submitted and Prepared by: Governance Committee Approved by: Dave Oakes, Director, Economic Development and Customer Services Page 9 of 9 Governance Reform Attend an open house and tell us what you think _A: '3 Sea- 16 and 30 Can't make an open house? Complete the survey at www,stcatharines.ca/GovernanceSurvey For more In-arm 7T!c ✓ 5 ' '`,V + s`Cat'nar;nes cc GavernanceRefarm '(Our O'iv.ior, Ov■ oveflQv,e_e feFOflA is w22O'ta+r±. City of St.Catharines,PO Box 3012,50 Church Street,St.Catharines,ON L2R 7C2 Tel 905.688.5600 I TTY:905.688.4TTY(4889) www.stcatharines.ca I Twitter @St_Catharines I Facebook.com/cityofstcatharines Are `Here other opr'ofs `or give my t' o cents' governance re'or—' Governance Reform O: - -Jre c no e' What do you Think? gr,e:-c-e re`: -. , g..,_ ..'•,ce 'i so Hord. N^„ Ccrher' ``..jiC' 4k eK ^r : a #.a ,at, ' 2 Format for this evening • Brief presentation outlining the work done to date by the committee. City of St. Catharines • Brief comments from any committee members who would like to expand upon other alternatives presented and considered. Governance Committee • Public comment/questions. Work and Recommendations • Who we are What we were tasked with •- Committee of Council, formed after 2010 • Review improved coordination and Municipal Election to examine changes to communication among upper and lower tier St. Catharines Governance model. municipalities in the Region of Niagara. • Committee comprised of: • Review and report on the overlap and • 3 City Councillors (Jeff Burch, Peter Secord, duplication in present service delivery. Mathew Siscoe (Chair)) • Review an enhanced accountability, • 2 Regional Councillors (Al Caslin, Bruce transparency and accessibility model for Timms) both levels of government. • 3 Residents (Brett Sweeney, Mike Sullivan, • Review and report on enhancing sustainable Dr. John McTavish) community planning and development for both tiers. A 1 Evolution of the Committee • Review and report on the need for a •Became clear that the mandate was very cohesive, region wide identity. broad, so consensus was reached within • Review and report on the potential models committee to focus on aspects over which for future governance structure in Niagara, City has most control. considering: structural change - boundary • Focus centred on governance of adjustments, amalgamations and City/Regional Council. annexations; representative change - size and composition of Council, mode of election; functional change -service delivery and the new regionalism' and weighted votes for representatives of larger ici alities. K. Process • Problems identified: • Committee examined the process required • Number of elected officials: to make a change to governance model: • Lack of coordination between City and • Step 1 —city Council must pass recommendation of Governance committee Region; • Step 2—Make request to Region to allow proposed • Lack of information sharing between City and change Region; • Step 3—Region must pass request using Triple- • Lack of transparency for residents—which Majority method(approval by a majority of Regional Councillor to call, which level of government Councillors.who represent the majority of eligible has responsibility for different issues. electors in a majority of the municipalities in Niagara) -----"------.-----Vllal • Step 4—Request is sent to Ministry of Municipal Affairs and Housing for approval 2 Steps taken • The committee held several meetings over • Over the course of the year, consensus the course of 2012 and 2013. (although not unanimous) was reached on • All members of the committee submitted the following recommendation: ideas for change of our governance model to • That the Governance committee seek council's reflect the problems identified. approval to request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to • Consulted with Dr. David Seigel of Brock's allow the city of St. Catharines to change its method Niagara Community Observatory regarding of electing city and Regional Councillors to the governance restructuring. 'Double Direct method'as outlined in this report, where six members of Council would serve on both • Examined evidence and models from other Regional and city council,while six council jurisdictions in Ontario that have different members would serve only on City council. governance models. What is `Double Duty'? Next steps • From the staff report to City Council: • Committee still has recommendations to • In the double direct system, candidates make regarding: choose to run for seats that have been • Support or opposition to improved'Representation identified as serving on both the upper and by Population' argument in favour of St. Catharines lower tier councils. gaining a more representative(by numbers)voice at Regional Council;and • These councillors tend to be full-time • Whether to elect'Double Duty Councillors by Ward councillors because of the time demands or At-Large. involved in serving on two councils and the • A final report will be prepared, including accompanying committees and other public consultation remarks from residents, commitments. to present to Council in the Fall. 3 How to be heard • Make your views known here tonight. • Go to www.stcatharines.ca and fill out the online survey. • Send comments to m ayorcouncil(o)stcathari n es.ca. 4 n1Nci win - 3 Corporate Report Report from Economic Development and Customer Service, Office of the City Clerk Date of Report: March 19, 2013 Date of Meeting: July 8, 2013 Report Number: EDCS-186-2013 File: 35.60.63 Subject: Report from the City of St. Catharines — Governance Committee Recommendation That the Governance Committee seek Council's approval to request that the Region of Niagara apply to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the 'Double Direct method' as outlined in this report, where six members of Council would serve on both Regional and City Council, while six council members would serve only on City Council; and That if the Region agrees to make this request, that the City of St. Catharines reconvene the Governance Committee to decide upon how these Councillors would be elected; and That a citizen's committee be established to discuss and decide upon the issues related to compensation of these new 'double duty' Councillors. FORTHWITH Summary This report provides Council with a synopsis of the work done by the City of St. Catharines, Governance Committee and its recommendations. Background City Council, at its meeting of October 17, 2011 , approved the formation of a Governance Committee composed of the Mayor, three City Councillors, two Regional Councillors, and three citizen members. The citizen positions were advertised and three members of the community were appointed by Council. The Regional Councillors volunteered to serve on the Committee but were not appointed by their Regional Council. The first meeting was held on December 14, 2011. The members of the Committee are: • Councillors Siscoe, Burch and Secord • Regional Councillors Caslin and Timms • Citizens-at-large: Dr. John McTavish, Brett Sweeney, and Mike Sullivan Page 1 of 6 r NNci win The City Clerk was appointed the staff liaison for the Committee, the Mayor, CAO and Deputy CAO are ex-officios. The guiding principles and mandate of the Committee were developed and approved as follows: • Review improved coordination and communication among upper and lower tier municipalities in the Region of Niagara • Review and report on the overlap and duplication in present service delivery • Review an enhanced accountability, transparency and accessibility model for both levels of government • Review and report on enhancing sustainable community planning and development for both tiers • Review and report on the potential models for future governance structure in Niagara, considering: structural change-boundary adjustments, amalgamations and annexations; representative change-size and composition of Council, mode of election; functional change-service delivery and the `new regionalism' and weighted votes for representatives of larger municipalities • Review and report on the need for a cohesive, region wide identity The Governance Committee held ten meetings, and has reviewed a variety of issues respecting the relationship of the area municipalities within the Region. There were general discussions on how to proceed under the accepted Terms of Reference. It became evident, through much discussion that the mandate was very broad and the committee decided, very early on, to focus on a new governance structure that could potentially address the many issues that were part of their mandate. The City Clerk gave a brief presentation to the Committee on governance models that have been studied, including what can and cannot be done at the municipal level in accordance with the Municipal Act 2001, as amended, and the relevant timelines with respect to the upcoming 2014 municipal election. A question matrix was developed respecting the composition of Council, the role of the Councillor, and pros and cons of Councillors filling a dual role, and a ward versus an at-large system. The members of the Committee each put forward their ideas related to a vision for a new governance structure. A synopsis of their comments is attached as Appendix 1. It was suggested that other municipalities in the Region should be advised of what St. Catharines is doing and include them in the process by asking them to consider working on governance within their respective municipalities. The committee members believed it was a good idea to involve them and invite them to do the same. A letter of intent was sent to all the municipalities in the region and our City Council representatives on this committee made presentations to eight of the area municipalities. One municipality, the Town of Lincoln, preferred to send two of their Councillors to a governance meeting to hear first-hand what St. Catharines was considering. Overall, the presentations were well received. At the time of writing this report, the City of Welland is the only municipality that has moved forward to set up an internal governance committee. A visit to their website and a call to the Clerks' Department verified they have only held two meetings. They are `on hold' given the recent Business Planning Committee of the Whole meeting of Regional Councillors that, in essence, defeated most of the relevant Page 2 of 6 r ppGI IU A changes to governance and deferred part of the motion awaiting St. Catharines Council's recommendations. Dr. David Siegel, Professor, Brock University, Department of Political Science, attended one of the meetings and provided an overview of the policy brief prepared by the Niagara Community Observatory entitled, "Representation on Municipal Councils in Ontario". Dr. Siegel's extensive knowledge on the history of the region and his expertise with respect to all regional issues brought a new perspective to the committee. Dr. Siegel's remarks were centered on the current governance model in the Niagara Region and he discussed at length the representation by population solution. His conclusion was that to truly have representation by population Regional Council could have up to 70 members. This he felt was an unrealistic number of Councillors and likely very little would get accomplished. He stated that one solution to the issue of inequity in representation is to have "weighted voting". For example, one vote from St. Catharines might count as two or more votes, in other words less bodies but a more equitable system. Dr. Siegel also discussed a ward system for Niagara based on communities coming together and crossing municipal boundaries. In other words, this would be a regional ward system. The development of these boundaries would need to have this representational issue at its core. Any of these options could potentially work, however, the issue of a 'triple majority' would likely hinder any movement on any of these fronts given each of these municipalities have a strong conviction with respect to remaining autonomous. Defining the problem... first step to solving the problem With regards to the present governance structure as a whole, Dr. Siegel spoke to the committee about the need to define the problems first? Once these are defined, his sense is that a more productive discussion of possible considerations could follow. Although he was directly asked, Dr. Siegel refrained from giving direct advice to the committee on a chosen alternative to the status quo that would best suit Niagara. Following the working meeting with Dr. Siegel, the committee moved ahead and began the work to identify issues that they felt were key issues and need to be addressed no matter what model was being discussed and/or accepted. By using a question matrix the following is an overview of their responses: • Regional Council is too large • Need to reduce parochialism • Democracy issues • Duplication of services between the area municipalities and the region, need to streamline services • Need to create a more transparent, accountable and responsive government • Should create a more regional identity • Reduce the number of city wards (elect one per ward) • Two tiers produce no Team Niagara • Functional and political structure separates cities and towns from Region and each other Page 3 of 6 nNNci wIA • Two tier structure inhibits Team Niagara approach among the 12 municipalities • No political connection between the Region and the City, except through the Mayor • City Councillors have no say and no vote at the Region and Regional Councillors have no say and no vote at their cities, (without an appointment, limited to 10 minutes on one subject only per meeting) • No full time elected representatives except Mayor • Regional Chair has no mandate from the "people" In July 2012, members of Regional Council received a memorandum from their Regional Chair advising them of the next steps with respect to their review of governance. In that correspondence the Chair stated that a Governance Review was considered their third highest priority in their 2012-2015 Business Plan. On January 24, 2013, Regional Council met as their Business Planning Committee of the Whole and debated the issue of governance. At the same meeting the following motion was put to a vote with the following results: "WHEREAS Double Direct Councillors for Niagara Region is being proposed as a way of improving inter-municipal communications and co-ordination WHEREAS members of Regional Council received an analysis respecting Dual Role (double-direct) Councillors as part of Communication C7921 (attached) at the September 20, 2012 Council Business Planning Committee of the Whole meeting WHEREAS the Council of the Regional Municipality of Niagara is uncertain as to the support from the area municipalities for the change to the current Regional Councillors' representation (single role) Regional Councillors representation model, similar to the Durham Region's model of governance" NOW THEREFORE BE IT RESOLVED: "That the Council of the Regional Municipality of Niagara requests that Councillor Timms, as the sponsor of this proposal seek the support of his home municipality (City of St. Catharines) for the change to the current Regional Councillors'representation (single role) to a Double Direct (dual role) Regional Councillors representation model, similar to the Durham Region's model of governance; and That the City of St. Catharines be requested to initiate the process to change the current Regional Councillors'representation (single role) to a Double Direct (dual role) Regional Councillors representation model, similar to the Durham Region's model of governance." The above-noted motion was extracted from the Region of Niagara's Council Business Planning Committee of the Whole, Report 1-2013. From the Regional Municipality's web site the minutes showed that the motion was separated and voted upon. The motion was defeated. However, while preparing this report, a call was made to the Regional Clerk's office and it is noted that Item 5 from the Region's minutes of Page 4 of 6 anNNci win January 24, 2013 — Regional Council Business Planning Committee of the Whole, was lifted at Regional Council and the motion was "Deferred". Item 5 reads as follows: That the Council of the Regional Municipality of Niagara requests that Councillor Timms, as the sponsor of this proposal seek the support of his home municipality (City of St. Catharines) for the change to the current Regional Councillors'representation (single role) to a Double Direct (dual role) Regional Councillors representation model for the City of St. Catharines, similar to the Durham Region's model of governance. Moved by Councillor Rigby Seconded by Councillor Marshall That the foregoing amendment to the original motion, BE DEFERRED to another Council Business Planning Committee of the Whole Council Session. Defeated (at the Business Planning Meeting) removed and Deferred at Regional Council pending the receipt of a letter from the City of St. Catharines respecting the City of St. Catharines' Council decision on the recommendations from the St. Catharines Governance Committee. Report Attached to this report is Appendix 1 that outlines the Committee's considerations. The Committee struggled with all the options, and at their last meeting, they decided to provide Council with the following two options: 1 . Six double-direct councillors and six part time councillors system; or 2. Status quo Double direct election Double direct election is found in a number of other regions. Policy Brief 10, dated September 2011 , written by Margaret Corbett and Doug Hagar for the Niagara Community Observatory stated the following: '7n the double direct system, candidates choose to run for seats that have been identified as serving on both the upper and lower tier councils. Mayors already do this, but in some regions, there are other council seats which are designated double direct as well. These councillors tend to be full-time councillors because of the time demands involved in serving on two councils and the accompanying committees and other commitments. Of course, they must also be paid as full-time councillors. There is a legal and ethical issue involved in serving on two councils. It is an important legal principle that a representative serving on a board of any organization must protect and advance the interests of that organization regardless of how the person obtained the position. Specifically, someone elected to an area municipal council who also serves on the regional council must always act in the best interest of the regional council when he or she is dealing with regional matters. However, the person also has a responsibility to her or his area municipality. Mayors already must strive to balance Page 5 of 6 rIppci this issue. Having double direct members on council would mean that every member of regional council will be serving two masters with the accompanying ethical and practical dilemmas." There was some discussion about this becoming an issue in St. Catharines. Although it is being done within other regions, there was no sense about how it is working and whether this is an issue, partly because no other region worked any other way from inception. More information and research regarding this issue would need to be done should Council choose this option. If Council chooses the double direct model, the make-up suggested by this Committee would see at least six of the Councillors as members at-large and working as full-time councillors, alongside six part time ward Councillors. Council would need to consider the corresponding budgetary implications. This consideration should include not only full-time salaries for six (or more/less) of the Councillors but benefits, support staff and perhaps office space and equipment. Another consideration with respect to the double direct election would be that the area would reduce the numbers of people that might otherwise consider running, given they may have to leave full time employment to seek the uncertain status of elected office for four years. Although there are several other variations across the province on the double direct Councillor model, this Committee discussed the six full time and six part time concept for St. Catharines. Any change that this Council may consider is subject to ministerial approval. Financial Implications Not applicable at this time. Conclusion In conclusion, The Region of Niagara Act was repealed on January 1, 2003. The Municipal Act 2001, (the Act) as amended contains provisions for upper tier municipalities to change the composition of their councils and this can be found in the Act sections 217 and 218, details relating to Changes to Council. A call to the Ministry of Municipal Affairs and Housing confirmed that to commence such a change, Regional Council must ask for a Cabinet regulation to authorize a change in composition and submit the proposed changes to a public consultation process. The proposed change would need to receive a 'triple majority' approval, meaning approval by a majority of Regional Councillors, who represent the majority of eligible electors. No changes can be made prior to the by-law which would appoint the new Council in 2014. Notification It is in order to notify The Regional Municipality of Niagara. Submitted by: Approved by: Bonnie Nistico-Dunk, City Clerk Dave Oakes, Director Economic Development & Customer Service Economic Development & Customer Service Page 6 of 6 �NNci win MEMBER MEMBER'S ALTERNATE PROPOSAL Councillor Burch Four wards in Niagara with boundaries similar to current federal/provincial riding boundaries Three Regional Councillors elected at large for a total of 12 Chair elected at large across Region Regional Councillor City - Elect six councillors and Mayor at large (all full-time) Caslin Eliminate Wards Region - consider reducing Regional Council by half (maintain proportionate representation) Consider amalgamations: St. Catharines, Thorold, and NOTL; Wainfleet & Port Colborne; Niagara Falls and Fort Erie; Grimsby and Lincoln; Pelham and West Lincoln Upon amalgamation, limit council size to 12 - 15 total Continue to elect Chair within Council Councillor Peter Reduce number of municipalities (3-5) Secord Representation by population by Regional Councillors Six full-time/six part-time Councillors One water utility Streamline duplication of City and Region responsibilities Brett Sweeney, Reduce the number of City wards, one councillor per ward Community Member nppci IUTA Elect double-direct City councillors at large Only Mayors and double-direct councillors at Region Elect regional chair at large Establish Auditor General at Region Investigate feasibility of amalgamating municipalites Regional Councillor Bruce Timms Double-direct City Councillors at Region Part-time ward councillors Regional Chair elected at large Each municipality decides how to elect double direct councillors Corporation of the City of St.Catharines A Survey on Governance Committee 4 The interests of residents are well represented at City Council under the current governance structure 53 53 50% 50% Residents' interests would be better represented if councillors were elected at large across the City (no wards) 40 66 38% 62)/0 The current ward system of two part-time councillors per ward provides effective representation 53 53 50% 50% Having a combination of full-time and part-time councillors would provide more effective representation 55 51 52% 48* Having full-time councillors is a good idea if it reduces the overall number of councillors ^ ' 59 44% 56% Having full-time councillors is a good idea even if it doesn't reduce the overall number of councillors 41 85 39% 61' The number of members on St. Catharines City Council should be reduced 53 53 5C% 50% The number of wards in St. Catharines should be reduced 47 59 44% 56% Too much of taxpayer's money goes to pay for City councillors 36 70 34% 66% would support spending more for City councillors if it improved representation 57 54 49% 51 % My City Councillors are available when 1 need them 39 63% 37% know which issues I should address to City Council and which issues I should address to Regional Council 52 56 47% 53% The interests of St. Catharines residents are well represented at Regional Council 48 58 45% 55''o Representation at the region should be determined by population of Cities with the most residents should get the most councillors/votes • 7' 35 67% 33% Regional Councillors do a good job of considering the needs of all Niagara residents, not just those in their community, 3C 6 28% '2% Using wards that are similar to federal and provincial ridings would reduce parochialism 55 51 52% 48% The number of regional councillors should be reduced 78 28 74% 26% Having the same councilors sit on both St. Catharines City Council and Niagara Regional Council is an effective way to reduce the number of St. Catharines politicans 74 32 70% 3C% I would support paying fewer councillors more per person to sit on regional council 58 48 55% 45% Having the same people sit on City Council and Regional Council would improve communication, co-operation and accountability between the two levels of government 73 33 69% 31% The Regional Chair should be directly elected by voters, not appointed by regional council 39 - 84% 16% My Regional Councillors are available when I need them 52 54 49% 51% How old are you? (81 total votes) 99 total votes (spoiled votes total 7) 19 and younger - 2 (2%) 50-59 - 26 (26%) 20-29 - 10 (10°L; 60-69 - 13 ;13%) 30-39 - 22 122°./0) 70-79 - 4 (4%) 40-49 - 21 i21%; 80 1 - 1 K 1% Have long have you lived in St. Catharines? 99 total votes (spoiled votes total 7) Less than 5 years 10 yl0%) More than 20 years - 33 (34%) 5-10 years - 1 3 1,13%) Al my life - 31 (32%) 11 -20 - 17_ i12% Co you vote in municipal elections? 99 total votes (spoiled votes total 7) 92 1 What is your postal code? 95 total votes (spoiled votes total 11) L2T -11 (12%) L2+N - 16 (17°/0) L2S - 11 (12%) L2P - 9 (9%) L2M - 21 (22%) L3C - ' (1 %) L2R - 23 (24%) L3B - 1 (1%; L2W - 1 (1%) L3M - 1 (1 %) F Nistico-Dunk, Bonnie From: Sent: Saturday October 13 2013 3:47 PM To: Niist co-Dunx, Bonnie Subject: R_: Sr. Catbahres oo1_rnance reconmendat:or na k yon_ for the coportun ty to share my views on municipal governance issues Ir, St. :a`har'nes. . the outset lo like to congratulate the city for setting up setting up a committee to investigate these issues and holding public consultations to gather broader 'input. It's unfortunate that so few residents Had anything - positive or negative - to say about governance issues in general anc even less to say about the specifics Nevertneiess after reviewing all the materia ; have come to the conclusion that the status quo serves citizens we d enough and that no changes are required. No system is perfect and while representation by population at the Region is a longstanding and justified concern. the solutions `or oea'ing with that particular issue are quixotic at best_ wdi therefore restrict my comments to the issue of double duty councillors, which is the subject of a recommendation by the governance committee I am opposed to double duty councillors and am concerned that this recommendation does not enjoy widespread public support. as evidenced by the lack of residents calling for such a change as part of the public meetings. Moreover, the recommendation was not unanimous and the main proponents of such a system appear to be incumbent politicians not citizens. I fear the proposal is being driven by political ambition Those issues aside. double duty councilors would create a two-tiered system of political representation at city hal.:. which would give half of the elected councillors greater access to ntcrmat'on. staff, and resources (via the Region) that wcu,d not be readily accessble to the other half f council Linder the existing system, a broad range Dt. peopie from different economic and social backgrounds stand a reasonably decent chance at winning election to city council Changing the system tc make na'f the councillors part-time and the other have full-t.me double duty councillors effectively discourages people with full-time jobs. professlona careers or onerous family responsibilities from even considering running for the new full-time positions while effectively shrinking the number of part-time positions in half In other words, the independently wealthy and well-connected retired people would become the primary pcoi of people realistically able to even run for the full-time positions. This is not heaithy for a democracy. We should always be looking at ways to make local government more accessible and democratic. Instituting double duty councillors would have the opposite effect. Finaly, there is no cost savings with double duty councillors. If anything, they will drive up costs in the long-term with inevitable demands for "foil-time" pay. "full-time" office space to conduct business and "full-time" political staff to assist them. The last thing the city needs is a new class of career politicians. The status quo is not all that bad. strongly urge members of council to reject the recommendation. F-2014-03 NiagaraJal4 January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F-2014-03 2014 Interim Tax Levy RECOMMENDATION That Council approve the 2014 Interim Tax Levy calculation and by-law providing for the 2014 Interim Tax Levy EXECUTIVE SUMMARY The Corporation of the City of Niagara Falls requires an 2014 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. The interim levy is calculated so that property owners will be billed amounts not exceeding one half of the previous years annual taxes. The installment dates for the Interim Levy are February 28'h and April 30"'. BACKGROUND The Municipal Act 2001 provides the City of Niagara Falls with the authority to issue an interim tax levy. Traditionally the interim levy has been made in February with two installment dates. The City of Niagara Falls requires a 2014 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. ANALYSIS/RATIONALE The authority to collect this interim tax levy is prescribed in section 317 of the Municipal Act. The interim tax levy is subject to the following rules: 1 . The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The percentage used in the levy may be different for different classes but must be the same for all properties in a property class. January 28, 2014 -2 - F-2014-03 3. Allows the municipality to use an entire years taxes for a property in the calculation of the interim tax levy in the situation that a full year was not charged in the previous year. Staff has developed the interim tax levy based on these rules and has determined that the amount due for the interim levy for each property will not exceed 50% of the annualized assessment used in determining the 2013 tax levy. The due dates for this interim tax levy are in accordance with the new Municipal Act. The interim bill will be due on two dates. As per the regulations outlined in the new Municipal Act, property owners must be provided 21 days notice before payment. The due dates are consistent with the regulation and will be February 28, 2014 and April 30, 2014. In 2013, these dates were February 28, 2013 and April 30, 2013. An interim levying by-law is required to establish the amount of the interim levy. This has been prepared and appears on this evening's Council Agenda for passage. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The internal need for cashflow and the external statutory obligation necessitate the interim tax levy. Failure to provide an interim tax levy could lead to increased short term borrowing by the Corporation and could result in unplanned interest expenses. An interim tax levy is required to ensure the provision of the required funds to minimize borrowing costs. Recommended by: Todd Harriso , Directo of Finance j4LArlyi Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti F-2014-04 Niagarapalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-04 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of December 31, 2013 were$16.2 million compared to $15.9 million in 2012. During December, tax receivables as a percentage of taxes billed increased slightly from 9.3% in 2012 to 9.5% in 2013. The City's finance staff has had continued success in resolving properties that are subject to registration for 2013. At this stage, 92.0% of properties have developed payment arrangements or have paid in full. There are currently forty-one properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2013 lags slightly behind the collection history for 2012. Table 1 shows that taxes outstanding at December 31, 2013 are $16.2 million. This represents an increase from $15.9 million in arrears for the same period in 2012. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1 , 2013, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after twelve months of activity. This table shows 92.0% of the tax accounts or 358 properties have been paid in full or the owners have made suitable payment arrangements. During December, six accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments remained the same at 92.0% (November) and 92.0% (December). January 28, 2014 -2 - F-2014-04 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of December, two registered properties were redeemed and two properties were registered. The outstanding taxes for registered properties represents 9.0% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at December 31 , 2013 is 9.5% which is a slight increase from 2012's value of 9.3%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at December 31, 2013 Table 2 Taxes Receivable by Property Class at December 31 , 2013 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Todd Harrison, Director of Finance L&A,i0,_ Respectfully submitted: 4 Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at December 31, 2013 2013 2012 Outstanding Taxes @ November 30, 2013 $ 22,611,915 $ 21,608,804 Supplemental Due December 31 2013 $ 602,898 $ 300,952 Taxes Collected during December $ 6,978,305 $ 5,975,011 Outstanding Taxes @ December 31, 2013 $ 16,236,508 $ 15,934,745 TABLE 2 Taxes Receivable by Property Class as at December 31,2013 2013 %of Class 2012 %of Class Taxes Owing Taxes Owing Residential $ 8,568,877 52.78% $ 7,838,852 49.19% Multi-Residential $ 109,672 0.68% $ 145,723 0.91% Commercial $ 7,122,412 43.87% $ 7,350,929 46.13% Industrial $ 414,602 2.55% $ 577,276 3.62% Farmlands $ 20,946 0.13% $ 21,965 0.14% Total Receivables $ 16,236,508 100.00% $ 15,934,745 100.00% TABLE 3 Properties Properties Subject to Subject to % Registration Registration as at November 30, 2013 as at December 31, 2013 Initial Amount 389 389 Paid in Full 121 127 32.6% Payment Arrangements 237 231 59.4% Ongoing Collection 18 18 4.6% Action Registered 13 13 3.3% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount May 2014 10 $ 1,148,312 November 2014 25 $ 213,436 May 2015 6 $ 106,427 Totals 41 $ 1,468,176 trt L-2014-01 Niagaraaalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2014-01 7 District School Board of Niagara Renewal of Licence Agreement with the City Princess Margaret School Kiss and Ride Our File No.: 2013-59 RECOMMENDATION 1. That the City enter into an Licence Renewal and Amendment Agreement (the "Agreement")with the District School Board of Niagara ("DSBN"),with respect to the use of City lands abutting Princess Margaret School located at 6674 Culp Street. 2. That the Mayor and Clerk be authorized to execute said Licence Renewal and Amendment Agreement. EXECUTIVE SUMMARY • Term 5 years from the 1st day of September, 2013, to the 31' day of August, 2018. • Fee $1.00 per annum. BACKGROUND In 2003, the City entered into a Licence Agreement with the DSBN for the use of a portion of A.G. Bridge Park ("subject lands"), for the purpose of a drop off and pick up point for students attending Princess Margaret School. A renewal of, and amendment to, the Agreement has been prepared by the City to allow the continuation of the use of the subject lands by the students of the DSBN. The use of the subject lands does not appear to hinder City programs being conducted in the park and the DSBN will be responsible for keeping the subject lands in a neat and tidy condition and be responsible for all snow removal. ANALYSIS/RATIONALE The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. January 28, 2014 -2 - L-2014-01 ATTACHMENTS • Location Map • Plan of subject lands Recommended by: Ken Be aman, City Solicitor Respectfully submitted: T4/ G Ken odd, Chief Administrative Officer L. Banks Attachments I -_Mil— i 71.1.1111111=11 .7.7a1— r la - Location Ma ',1 a 1111 = 111alai 11111 LI" li X11 id s' t1= 11111. 1.,E sillte Mil ��,..,.. �.�� rrrrrr� " " rrrr em Si,_ Ira 1 11111111111111 _ ' rir� � � :; ISsiirs - II1i111111111t i /� 111 S 111 - ____t ,__ .74,..,:::::,2 '' '' t 'as 111111111111111.1.,4. a, \ art ass sa 7 si s' Or IS L=0-I mamma§ s '__ �i a 11/1111llil n ma L i �• ��= 1111111• 1 NHL a 111r1 k 11101111 I r. n1r„W _ z. ,r ,� �lmumni!It �,x ,rn ,rrf L_1 r �� Sidlil� . January 2014 LOCATION MAP Pate 1 of 1 b.. • 7' 4}ti to . 2, c1/4'g '"s' T ' .. • - r41xt 7 K} 4 . ja. 1, 1 1 '1::'', x I R ft 31 t a` https://www.fallsviewer.ca/print/2d42cIee-7239-4c72-b23a-ccda9599803I.png 1%16/2014 L-2014-03 Niagararalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2014-03 District School Board of Niagara and Niagara Catholic District School Board Licence Renewal and Amendment Agreement with the City - Girls Home for Soccer (Kalar Road) Our File No.: 2013-60 RECOMMENDATION 1. That the City enter into an Licence Renewal and Amendment Agreement (the "Agreement") with the District School Board of Niagara ("DSBN") and the Niagara Catholic District School Board ("NCDSB") with respect to the use of their lands by the City as a part of the Girls Home for Soccer, located on Kalar Road. 2. That the Mayor and Clerk be authorized to execute said Licence Renewal and Amendment Agreement. EXECUTIVE SUMMARY • Term 1 year from the 15` day of August, 2013, to the 315` day of July, 2014. • Fee $1.00 per annum. BACKGROUND In 2003, the City entered into a Licence Agreement with the DSBN and the NCDSB for use by the City of a portion of their lands for the Girls Home for Soccer ("subject land"). A renewal of, and amendment to, the Agreement has been prepared by the City to allow the continuation of the use by the City of the subject land. The amendment concerns the hours of use by the City for the subject land. It has been agreed that the School Boards' control of the field will end at 5 o'clock on weekdays as opposed to the 6 o'clock termination under the existing Agreement. ANALYSIS/RATIONALE The original Agreement has been a success and all affected parties support renewal. January 28, 2014 -2 - L-2014-03 STRATEGIC COMMITMENT The proposed Agreement is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. ATTACHMENT • Location Map Recommended by: t. Ken Beaman, City Solicitor Respectfully submitted: Ken Todd, Chief Administrative Officer L. Banks Attachment Location Ma ' ihr.....r .v.i�.. �. r e ■ n Sail �� � , 1 11 11 i IMIIIILLIILltlIflt f 1:4706 111111 ( %gin 1111 111 •• ii Bit' ��ti r MB le la 111 illk al Iv(1111111111111111'i p: �, ',*0., ram ,-,"� . may$dA ,14: ^ I' '�J p 4 Re:7', . or viiililititlit7:71 gams, ill Ali , ., �1►1111111111,1� ��:_ 1111 4.1;4; e '. 11111' 1111 1Ills Rr-_R 1111 .- 11111111•• _�-- .rw.. w a , ter„„ .1''' `�' � � -� I MMI fly . Mrn MINNOW i usr I ISOM .• �rn 4l rear NiagaraJ ° -w 111i`` >1-"" , Illi ,„ i+ l — January 2014 LOCATION MAP /act, TS-2014-02 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-02 Oliver Street - Parking Review RECOMMENDATION That the existing stopping prohibited zone, in effect between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, in front of Sacred Heart School on the northeast side of Oliver Street is extended to Welland Street and Gunning Drive. EXECUTIVE SUMMARY The recommended extensions of the stopping prohibited zone that is currently in front of Sacred Heart School will allow for better traffic flow on Oliver Street during school days and times. BACKGROUND The principal of Sacred Heart School requested staff to review the parking situation on Oliver Street. The concern stems from parents parking on both sides of Oliver Street during dismissal time impeding traffic and buses. Oliver Street is a 9-metre wide local road that extends from Bridgewater Street to Mackenzie Drive. Currently, stopping is prohibited between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, in front of the school. This is accompanied with a school bus loading zone with a bus bay that can fit four large school buses. ANALYSIS/RATIONALE Staff met with the school principal on-site during the afternoon dismissal. Observations carried out noted that vehicles were parked on both sides of Oliver Street, particularly in the afternoon. Drivers had difficulty carrying out turning movements at the adjacent all-way stops as there was only enough room for one car to proceed. There were approximately 35 cars parked on both sides of the street, and all the parking spaces at the school were occupied and the Kiss and Ride program was well utilized. Staff is recommending that the existing stopping prohibited zone that is in effect between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday on the northeast side of Oliver Street in front of the school be extended to Welland Street to the northwest and Gunning Drive to the southeast. This will allow for better traffic flow on Oliver Street during school January 28, 2014 -2- TS-2014-02 days. The school principal is in favour of the recommended stopping restrictions. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2014 General Purposes Budget. The estimated cost to install the signs is approximately $500. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: 'E Karl Dren, Director of Transportation Services Respectfully submitted: t Ken Todd, Chief Administrative Officer a t v.';`,..‘1 ,y.S s ..,,-'�%^.. yQ Wiz" k ;, �-� r1 -1,1-1".}- s �s ' 7 � g� �-# ,,,,,ti,,„, t1 `Y, w', � 'y_, ' 'a �` i a & ,� E"'� L.L.8� , .r - w r ;�f _ .U. e 'af a, ti$ .-, 4 l., 'aiy.'. y l+F t , , y t r, Q C O a vu�' •C ; "‘rii*)*:, „ ,-L-.t: 4. :„:1 ' .**. * . ..4 yo- & Fn. s'S+ 4 f [n x, _i) co 0 . s_ . . :4„,:„.:.. \ . k".1-: 1.-- tr: "-. ,.t. ,.n av=d.+ 7t�*}�< e. wp,iF ' .S'�. .} yam}".,, '"�+' `*": ` a pp 4 , } jJ kN y 1 4+ ;V A/ �a1 t"'' re x s� � #" 4 ,tF Iii O Jf �' c a) 1 A / L br L Q. • . ✓, ,y UI O n g i , CDf 1 f .l tOV W cc � ♦ 2 k.TM 1 L � +! ';��,{ +rte ..•'.S r - � �i/'�. -' �bve V J 0) + jp, Y o L C • (0 N w Y c VJ it, 8 ''''t‘ Ci _I illfr loz.; u ;k n p t 1 IZI t Vz et '�� _" bj 1 P Z TS-2014-03 Nia ara ally January 28, 2014 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-03 Crysler Avenue - Parking Review RECOMMENDATION That a permit parking space is established on the west side of Crysler Avenue from a point 52 metres south of Queen Street to a point 60 metres south of Queen Street. EXECUTIVE SUMMARY The recommended on-street permit parking space will allow a person with a physical disability to access her residence. BACKGROUND Council at it's meeting of December 10, 2013, requested that Staff investigate a request from a tenant of 4692 Crysler Avenue to be able to park her vehicle on Crysler Avenue, due to a physical disability. Parking is provided at the apartment complex and she is granted a parking space, but the parking is located below grade and is accessed via a steep ramp. The building is not accessible to persons with a physical disability and does not contain an elevator. The tenant requires an assisted device to walk and has extreme difficulty navigating stairs and is unable to walk on slopes. The tenant has a ground floor apartment. Currently, parking is prohibited at all times on the east side of Crysler Avenue between Queen Street and Huron Street. Free two-hour parking, provided that drivers do not repark with five hours of initial parking, is provided along most of the west side of the road segment. There is space for six (6) cars to park on the street. The most recent parking turnover study identified that this road segment incurs a 37% occupancy rate during a typical business day, with a maximum of four cars observed parked at anyone time. ANALYSIS/RATIONALE Staff met with the tenant at her residence. Staff agreed that it would be difficult for the tenant, given her physical disability, to park her vehicle in the off-street parking space and walk up a flight of stairs or the parking ramp from the below grade parking area to the first floor to gain access to her apartment. Staff is recommending that an on-road permit parking space be established on the west January 28, 2014 -2- TS-2014-03 side of Crysler Avenue from a point 52 metres south of Queen Street to a point 60 metres south of Queen Street. This would be directly across the street from the apartment entrance. A parking permit for this parking space will be issued to this individual only. The recommended action is acceptable to the tenant. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2014 General Purposes Budget. The estimated cost to install the signs is approximately $200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: " y Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer 'SFfF.�9 15 4 mi.M _ - .. - y� fn" ,G rW{ �jb R 3 .� P4 i C 4 z �.� 0 C ` 2 w � "4,,x a r T k 6 • ', ' fi • . I •uI •]. 'v. . m . ` • o g " 'a ui ca a . z , o a I o .cn• ' ; • • W N ri y��$ry S' , 1 K " N Y' .S Ili CD .] I • �1/ $ - - Q1 5 �,]e C 1a92 � h a mss co w. x Cl- 1 1 t•. 4.-• y1 ;'ti. - i ] 1- xi !!- �� 9 .*. C N r C) L p W C • L H U v i sr,_ _ _ . SL. L s r ,x.= 7L. TS-2014-04 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-04 St. James Avenue & Area - Traffic Operations Review RECOMMENDATION That stopping be prohibited on the west side of St. James Avenue between Thorold Stone Road and a point 50 metres north of Thorold Stone Road. EXECUTIVE SUMMARY Site plan approval has recently been granted to allow for the construction of a Second Cup restaurant at the northwest corner of Thorold Stone Road and St. James Avenue. The first site plan submitted did not provide a sufficient number of drive through stacking spaces according to the zoning bylaw. The developer pursued a Committee of Adjustment application resulting in a public neighbourhood meeting. The neighbourhood residents were not supportive of the requested variance and had also identified several existing traffic concerns in the area for which this report has addressed. The applicant has since refined the site plan to provide all the necessary parking and stacking lanes as per the Zoning Bylaw. BACKGROUND A traffic review of the neighbourhood to the northwest of the Thorold Stone Road and Portage Road intersection was carried out in response to a request from the Committee of Adjustment. Various existing concerns were raised by the community with respect to a proposal for a Second Cup coffee shop with a drive through at the northwest corner of St. James Avenue and Thorold Stone Road. Within the study area, St. James Avenue is a local residential road that extends from Thorold Stone Road two blocks north to Colborne Street. The intersection of St. James Avenue and Thorold Stone Road consists of traffic signal control and is supervised by a school crossing guard on its eastern approach. John Marshall Elementary School is located one block north on the east side of St. James Avenue at St. John Street. Notre Dame Catholic Elementary has a secondary access at the west end of Caswell Street. Parking is permitted on both sides of St. James Avenue, except directly alongside John Marshall School where stopping is prohibited. January 28, 2014 -2- TS-2014-04 ANALYSIS/RATIONAL The majority of the transportation concerns include, but are not limited to, cut through traffic within the neighbourhood, school safety, bus traffic, street parking, and a mix of land uses in the area. Additional concerns were brought forth with the coffee shop and its drive through with respect to potential queues extending onto the road and the additional traffic that this development will generate. The road pattern in this area is in a grid format. The area contains a mix of residential, institutional (two schools, a church), commercial sites fronting the adjacent arterial roads, a gas station and a neighbourhood park. A coffee shop is a suitable use alongside an arterial road. Most of the traffic that a coffee shop attracts is pass-by traffic (i.e., drivers stopping for a coffee on their route to work), particularly during peak periods. This site being along an arterial road would not cause motorists to deviate from their route, and thus would not generate notable additional traffic through the neighbourhood. Traffic patterns would however be impacted at the intersection of Thorold Stone Road and St. James (i.e., additional turning movements). The intersection is signalized and therefore adequate controls are present to safely allocate the right-of-way throughout the intersection based on demand. The property is zoned general commercial which allows for restaurants with drive-through facilities. The property owner has revised their site design from what was originally shown at the Committee of Adjustment meeting to ensure that their drive through has twelve (12) stacking spaces, which is the minimum requirement as prescribed in the Zoning bylaw. The site will also contain adequate on-site parking and access for garbage and delivery vehicles. The access on Thorold Stone Road allows for an outbound right turn only. An origin-destination study revealed that the predominant pattern of drivers cutting through the subdivision is from the Portage Road and Colborne Street intersection to the Thorold Stone Road and St. James Avenue intersection, and vice versa. These two roads carry the majority of the traffic volumes in this neighbourhood. Slightly more than a third of the traffic observed in the neighbourhood during a typical business day did not have either an origin or a destination in the area. Motorists aware of the neighbourhood grid pattern may use these roads presumably to avoid travelling through the Thorold Stone Road and Portage Road intersection. An acceptable level of service is maintained within the neighbourhood throughout the day. Speed data identified that motorists are adhering to the legal speed limit in this area. The two central intersections within the subdivision abutting John Marshall School are controlled by all-way stops which assist in controlling speeds. A review of the collision history identifies that a collision problem does not exist in this neighbourhood. John Marshall Public School is one of two elementary schools in Niagara Falls that offers French immersion, for students in the first and second grades only (third grade beginning in 2014-2015). Eight (8) full length school buses transport children to school from various parts of the City. Bus drivers arrive to the school northerly via St. James Avenue. Observations were carried out. In the morning, St. James Avenue experiences a heavy northbound movement with school bus drivers and parents dropping off their children to the schools. However, the busiest period at the school is in the afternoon when students are dismissed from school, when most buses are present and parents pick up their children. The entire south side of St. John Street abutting the school is reserved for school January 28, 2014 -3- TS-2014-04 bus loading. Most parents park either on the north side of St. John Street opposite the school or on St. James Avenue north of St. John Street. Nearly all the school buses and parents had left the area within 15 minutes after school was dismissed. The peak hour of the road network typically occurs after 4:00 p.m. which does not overlap with school dismissal. With the exception of St. John Street, west of St. James Avenue, sidewalks are present on at least one side of each road within this subdivision to allow children to walk to/from school. School crossing guards supervise children crossing Thorold Stone Road at St. James Avenue and across Portage Road at St. John Street. Both of these intersections are signalized. Vehicles were observed parked sporadically on St. James Avenue which impeded two-way traffic. The road is 7.6 metres wide. Some drivers had to wait until an opposing motorist cleared the area prior to proceeding past a parked vehicle. A stopping prohibition is warranted on the west side of St. James Avenue adjacent to the proposed restaurant to ensure that there is sufficient clearance near the signalized intersection. This restriction will prohibit drivers from parking or stopping alongside the coffee shop. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the stopping prohibited signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2013 General Purposes Budget. The estimated cost to install the signs is approximately $250. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. 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Do cr 125) c �X u^ x a mgt S .� d ,m^ �yY it (n• ma D,�, }, i 1 .� . 3 x.11 O so ,vyd�YsY' `# # �� t " K, � w ;ice . ` ".i, ' > , 1 4 .. ..„}„.-.- _• • • " 1.t.).*. 4` - i_ 1 �• r O _U .. s; . !, -'•- �r^ _ ' i N w, U G W 1 U R ':LLI r.` 3r �� . ,6 - < :yp Y3 ll! c '� ' Z O 7 '� •r TS-2014-08 Niagarafalls January 28, 2014 REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2014-08 Toys for Tickets Program RECOMMENDATION That this Report be received for the information of Council. EXECUTIVE SUMMARY Council at it's meeting of December 10, 2013, requested that staff provide an update on the Toys for Tickets Program. The program has collected $11,530.00 in gifts over the past five years and continues to support the community Charities. The gifts are distributed equally between the two charities supported by the City of Niagara Falls, Project S.H.A.R.E. and the Salvation Army. In 2013 the number donations where much lower than previous years. A warning ticket policy was implemented early in the year which may have contributed to the reduction as fewer fines were issued during the program time period. BACKGROUND The Toys for ticket Program first began in 2007 in order to assist Charities during the Christmas Season with the donation of Toys. This program is in place in many other municipalities and has garnered a great amount of success. Residents are happy to help with a charitable donation, and the City can promote goodwill during the holiday season. Staff applies the following guidelines: • the program will be advertised in the local papers, City website and social media such as Facebook prior to and during the campaign. • Parking Control staff will include information on the windshield of the vehicle when issuing tickets, to inform recipients of the campaign, and the details regarding payment. • eligible parking infractions will be tickets issued between the first week of November and the first week of December. • Tickets may be "paid" in Finance with a donation in the first week of December to allow city staff to collect the toys in sufficient time for distribution by the local charities. January 28, 2014 - 2 - TS-2014-08 Criteria for Toy Donation The charity organizations provide City staff with some guidelines regarding acceptable donations and time lines. • All gifts must be new and unwrapped. The reason for this is to maintain a proper control of sanitary conditions of the donation being given to the families as well as ensure that the item is in proper working condition. • Gift cards must be accompanied with a receipt showing the full value of the card at the time of donation to ensure the amount on the card is accurate. • Donations must be collected a minimum of two weeks before Christmas to allow charity organization staff enough time to sort and distribute the donations to the families. Ticket Issuance Statistics During the 2013 Toys for Tickets Campaign 1,449 tickets were issued and 503 warnings tickets in comparison to 2012 results of 1,614 tickets being issued and 163 warnings during the similar time frame. Annual Donation Chart for The Past 5 Years YEAR Number of Total value of Donations donation 2009 110 $ 2,530.00 2010 108 $ 2,543.00 2011 102 $ 2,115.00 2012 117 $ 2,719.00 2013 60 $ 1,630.00 ANALYSIS/RATIONALE It provides incentive to the public to contribute to the local charities and support fellow families in the City of Niagara Falls during the Holiday season when it's most needed. January 28, 2014 - 3 - TS-2014-08 FINANCIAL IMPLICATIONS Reduction parking revenue of approximately $1,600.00, as payments by toy donation are accepted. Recommended by: t, :71. Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Paul Brown CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to designate Lots 400, 401 and 402 of Registered Plan 44, not be subject to part- lot control. (PLC-2013-011) WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200 to permit the erection of single and semi-detached thereon; AND WHEREAS the owner of the said lands proposes to reconfigure the property lines to construct a semi-detached dwelling; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 400, 401 and 402 of Registered Plan 44, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014 S.\PART LOT CONTROL\2013\PLC-011\PLC-2013-011 By-law.wpd CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to designate Block 15, Plan 59M-264 to be deemed not to be within a registered plan of subdivision. (DB-2013-004) WHEREAS subsection 50(4) of the Planning Act , R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1999; AND WHEREAS to facilitate the legal merger of the said land with lands known as 2868 Mewburn Road to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara, deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Block 15, Plan 59M-264 shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014 S'.\DEEMING BY-LAW\DB-2013-004, 2868 Mewburn Rd\Deeming Bylaw.wpd CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 2013-135 to remove the holding symbol (H) on the Lands on the southeast corner of Frederica Street and Prince Edward Avenue, to permit the development of the Lands. (AM-2013-012) WHEREAS By-law No. 2013-135 includes land use holding prohibitions that have the effect of zoning the lands R4(H) 991; AND WHEREAS the lands that are the subject of and affected by the provisions of this by- law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2013-135 on the Lands, to have the effect of zoning the Lands R4 991; AND WHEREAS the purpose of this by-law is to amend By-law No. 2013-135 such that the provisions of By-law No. 2013-135 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2013-135 has been achieved and that the condition required for the removal of the holding provisions of By-law No. 2013-135 has been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2013-135 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the condition set out in By-law No. 2013-135 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36 (4) of the Planning Act R.S.O. 1990 c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . The holding provisions of By-law No. 2013-135 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. - 2 - 3. The balance of By-law No. 2013-135 is hereby declared to be in full force and effect on the Lands. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014 S:\ZON INGAMS\2013\By-laws\Byam012_#2.wpd SCHEDULE 1 TO BY-LAW No. 2014- Subject Land FREDERICA ST 134.69m 7.04m r- m z S 0 r D R4 991 E _ _ 65.4m E Z o rn m m C D 65.93m 8.77m COOK ST 2.44m s 1:NTS Amending Zoning By-law No. 2013-135 Description: pt Lots 35-39, Pt Lot 70 and Lots 71-74, Pt Byng Av Plan 51; Lots 32-44 Plan 63 Being Parts 2 and 8 on 59R-14430; City Of Niagara Falls Pt Lots 35-39 & 70 and Pt Byng Av Plan 51 Being Parts 2, 3 & 6 on 59R-14882; City Of Niagara Falls Applicant: 800460 Ontario Ltd. AM-2014- January 2014 K:\GIS_Requests\2013\Schedule\ZnningAM\AM_12\Zoning.map F' .J 11 ` 1 41, ir NIAGARA FAILS_ THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2014 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (1) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Oliver Street Northeast Gunning Drive and Welland Street 8:00 a.m. to 4:30 p.m. Monday to Friday St. James Avenue West Thorold Stone Road and At All Times a point 50 metres north of Thorold Stone Road -2- (2) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Oliver St. North 46m East of Welland Ave. At any time. and a point 104m East of Welland Ave. (3) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Crysler Avenue West A point 52 metres south of Queen Street and At All Times a point 60 metres south of Queen Street Except by Permit This By-law shall come into force when the appropriate signs are installed. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to establish Part 1 on Reference Plan 59R-10820 as a public highway, to be known as and to form part of St. Paul Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by-law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part 1 on Reference Plan 59R-10820 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 1 on Reference Plan 59R-10820 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of St. Paul Avenue. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014. Second Reading: January 28, 2014. Third Reading: January 28, 2014. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to change the name of a portion of Kalar Road to Heartland Forest Road. WHEREAS Section 11 of the Municipal Act, 2001 provides, in part, that the Council of every municipality may pass by-laws for the changing of names of highways; AND WHEREAS Section 11(3) of the Municipal Act, 2001 provides that passing a by-law related to highways is within the sphere of jurisdiction of a lower-tier municipality; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That a portion of Kalar Road described as part of the road allowance between Township Lots 208 and 209 Stamford being Kalar Road lying north of Chippawa Creek Road; in the City of Niagara Falls, in the Regional Municipality of Niagara, be known as Heartland Forest Road. 2. This by-law shall not take effect until a certified copy of this by-law has been registered in the Registry Office for the Land Titles Division of Niagara South. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014. Second Reading: January 28, 2014. Third Reading: January 28, 2014. CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Licence Renewal and Amendment Agreement with the District School Board of Niagara, respecting the use of City-owned land for the Kiss and Ride program at Princess Margaret School. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Renewal and Amendment Agreement made between the District School Board of Niagara and The Corporation of the City of Niagara Falls, respecting the use of a portion of A.G. Bridge Park, for the Kiss and Ride program at Princess Margaret School, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Renewal and Amendment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal and Amendment Agreement. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014. Second Reading: January 28, 2014. Third Reading: January 28, 2014. THIS LICENCE RENEWAL AND AMENDMENT AGREEMENT made this 1St day of September, 2013. BETWEEN: DISTRICT SCHOOL BOARD OF NIAGARA Hereinafter referred to as the "Licensee" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS by Licence Agreement dated the 8th day of July, 2003, and made between the District School Board of Niagara as Licensee and The Corporation of the City of Niagara Falls as City, (the "Licence Agreement"), the parties entered into a licence for the use of certain space on lands owned by the City for a drop-off/pick-up point, more particularly described in the Licence Agreement; AND WHEREAS the Licence Agreement, according to its terms, expires on the 31St day of August, 2013; AND WHEREAS the Licensee wishes to extend the licence for a further five years; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained and subject to and with the benefit of the Licensee's and City's covenants, provisos and conditions in all respects as are contained in the Licence Agreement and Licence Amendment, the parties agree as follows: 1. The City agrees to extend the term of the Licence Agreement dated July 8, 2003, for an additional term of five years from the 1St day of September, 2013 to the 31St day of August, 2018. Page 2 of 3 2. The provisions of the Licence Agreement are amended as of the 1st day of September, 2013, in the following manner: (a) Paragraph 17 of the Licence Agreement shall be deleted, replaced as follows: The Licensee will snowplow the subject lands when required for school purposes only at its own expense. The Licensee agrees to regrade any gravel displaced as a result of this snowplowing and will ensure that the lot surface is maintained in a safe and reasonable condition from the occurrence of ice, potholes and water ponding. 3. (1) Provided the Licensee duly and regularly and punctually pays the fees and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not less than three months prior to the expiration of the original term of this Agreement grant to the Licensee, a renewal of this Agreement for a further term of five years on the same terms and conditions, save and except for the fees payable, which shall be negotiated reasonably by the parties hereto. (2) Provided the Licensee exercises the option to renew provided in paragraph 3 (1) herein and provided the Licensee duly and regularly and punctually pays the fees and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Agreement, the City shall, upon the written request of the Licensee given to the City not more than six months and not less than three months prior to the expiration of the renewal term of this Agreement grant to the Licensee, a further renewal of this Agreement for a further term of two years on the same terms and conditions, save and except for the fees payable, which shall be negotiated reasonably by the parties hereto, and the right of further renewal. 4. The City and the Licensee hereby covenant that they will perform and observe their covenants, provisos and conditions in the Licence Agreement dated July 8, 2003 as fully as if such covenants, provisos and conditions had been herein repeated in full with such modifications only as are necessary to make them applicable to this Extension of Licence Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. DISTRICT SCHOOL BOARD OF NIAGARA / i 7 Per: / i ,, f NIamer arre Hoshizaki Title: ire or of Education 1 Name: Kevin Mayes Title: Chair THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Licence Renewal and Amendment Agreement with the District School Board of Niagara and the Niagara Catholic District School Board, respecting the use of land for the Girls Home for Soccer located on Kalar Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Renewal and Amendment Agreement made between the District School Board of Niagara, the Niagara Catholic District School Board and The Corporation of the City of Niagara Falls, respecting the use of a portion of their land, for use by the Girls Home for Soccer located on Kalar Road, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Renewal and Amendment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Renewal and Amendment Agreement. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014. Second Reading: January 28, 2014. Third Reading: January 28, 2014. THIS RENEWAL AND AMENDMENT AGREEMENT made this 23td day of October,2013. BETWEEN: DISTRICT SCHOOL BOARD OF NIAGARA Hereinafter called the "District School Board" OF THE FIRST PART; -and - NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Hereinafter called the"Catholic District School Board" OF THE SECOND PART; -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the"City" OF THE THIRD PART. WHEREAS the parties hereto have entered into an Agreement dated August 1,2003,(the "Agreement"); AND WHEREAS a provision of that Agreement was that the parties could exercise an option to renew the term of the Agreement for additional and successive one year terms, on the same terms and conditions, except as varied by any Renewal Agreement; AND WHEREAS the parties wish to make changes to the said Agreement in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained,the parties agree as follows: 1. To renew the term of the Agreement for an additional one year term from the 1'day of August, 2013 to the 31'day of July, 2014. 2. That paragraph 6 of the Agreement is deleted and replaced as follows: The City and its designates are entitled to use the lands in Area Al, as follows: (a) From September 1 in each year of the term to the following June 30, 1 -2- from 6:00 p.m. to 11:00 p.m. on Mondays through and including Fridays. (b) From September 1 in each year of the term to the following June 30, from 8:00 a.m. to 11:00 p.m. on Saturdays and Sundays. (c) From July 1 to August 31 during each year, from 8:00 a.m. to 11:00 p.m. The City may use the land in Area Al during regular school hours by obtaining the prior written approval of the Boards. The Boards shall, at all times, have priority over the City and its designates to use the lands in Area Al for curricular activities, special school events and other Board activities. The Boards will endeavour to provide the City with a minimum of forty-eight (48) hours notice of any Board activities or events which are to take place during a time when the City is otherwise entftled to the use of the lands in Area Al pursuant to this Agreement. 3. The Agreement, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Agreement, in all other respects, are confirmed. -3- IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. DISTRICT SCHOOL BOARD OF NIAGARA Per: : .2. Name: 4 ,, rc,n lc: - 1-:i Z.1 :L i Title. -- - 7 i `1- .- ■ "Ccl' [ L-'l1/4.1 ,) L i1/4C-1-W 1/4-) tr____ Name: ii,i: „i i-i tic,,,i: C, Title: „SiC1-144 fr-t, ' l-)J xl \tt-c, I C J)L-1 t■-ii I: NIAGARA-CATHOLIC DISTRICT ' SCHOOL BOARD Per: Name: John Crocco Tide: Cki-vettor / ...-- • . Name: Kathy Burtni k , Title: Chairperson We have authority to In no the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida,City Clerk CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of an Agreement of Purchase and Sale with 2367063 Ontario Incorporated, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between 2367063 Ontario Incorporated, as Purchaser, and The Corporation of the City of Niagara Falls, as Vendor,for the property described as Part 20 on Reference Plan 59R-13527; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-eighth day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014. Second Reading: January 28, 2014. Third Reading: January 28, 2014. Montrose Business Park 06113 AGREEMENT OF PURCHASE AND SALE BETWEEN: 2367063 ONTARIO INCORPORATED (hereinafter called the"Purchaser") OF THE FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Vendor") OF THE SECOND PART In consideration of the mutual covenants contained herein,other good and valuable consideration, and the sum of two dollars($2.00)now paid by each party to the other(the receipt and sufficiency of which are hereby acknowledged) the parties hereby agree as follows: 1. Real Property The Purchaser, having inspected the Real Property (as defined herein), hereby agrees to and with the Vendor to purchase and the Vendor agrees to and with the Purchaser to sell, those lands and premises in the City of Niagara Falls, in the Regional Municipality of Niagara, being now described as Part of Lot 210 Township of Stamford designated as Part 20 on Reference Plan 59R-13527 in the Montrose Business Park, containing approximately 5 acres more or less shown on Schedule"A"annexed hereto(the "Real Property"). 2. Purchase Terms (a) Price and Payment: The purchase price for the Real Property shall be the sum of One Hundred Seventy- Five Thousand Dollars ($175,000.00) in lawful money of Canada, payable as follows: (i) The sum of Two Thousand Dollars ($2,000.00) by certified cheque to the Vendor with this agreement as a deposit,to be held by such Vendor pending completion or other termination of this transaction, and to be credited on account of the purchase price on closing; -2- (ii) A further sum of One Hundred Seventy Three Thousand Dollars ($173,000.00),subject to the usual adjustments,by cash or certified cheque to the Vendor on the date of closing. 3. Title Clause This agreement is subject to the title to the Real Property being good and free from all encumbrances, save only any easements for servicing, municipal agreements, registered restrictions, restrictive covenants, municipal by-laws, or governmental enactments and the restrictions set forth on Schedule"B"annexed hereto. The Purchaser is not to call for the production of any title deeds,abstracts,survey or other evidence of title except such as are in the possession of the Vendor. The Purchaser is to be allowed until the Due Diligence Date (as defined in paragraph 7 herein)to examine the title at its own expense. If within that time, any valid objection to title is made in writing to the Vendor which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive,then this Agreement shall, notwithstanding any intermediate acts er negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor to the Purchaser forthwith without interest or deduction and the parties shall have no other liabilities to each other. Save as to any valid objections so made within such time, the Purchaser shall be conclusively deemed to have accepted title of the Vendor to the Real Property. The Purchaser acknowledges the restrictions annexed hereto as Schedule "B", which may at the option of the Vendor, be included in whole or in part, in the transfer of the Real Property or in an agreement containing the provisions set out in Schedule"B" registered by the Vendor. 4. Assignment This agreement may not be assigned by the Purchaser without the express written consent of the Vendor, which consent may be arbitrarily withheld. 5. Section 50 Planning Act Compliance The agreement is subject to compliance with the provisions of the Planning Act (Ontario) as may be amended from time to time, and this agreement is subject to the express condition that it shall not be effective to create or convey any interest in land until the provisions of Section 50 of the Planning Act(Ontario) are complied with. 6. Development and Servicing Matters (a) Vendor Services: -3- The Purchaser acknowledges that the Vendor has, or may be installing various services within that area known as Montrose Business Park,which services include or may include curbs, sidewalks, roads, street signs, street lighting, water mains, storm sewers and sanitary sewers(and all of which services are referred to herein as the "Vendor Services"). The Purchaser acknowledges that subsequent to the execution of this agreement the Vendor shall have no obligation to install any services relating to the Real Property or the Montrose Business Park, except as may be specifically identified in Schedule "C"attached hereto. (b) Services Provided by Third Parties Directly: The Purchaser acknowledges that hydro, gas and telecommunications services have been or may be installed to service Montrose Business Park by the relevant third parties, and that the Purchaser will satisfy itself respecting appropriate service (the "Other Services") (collectively the Vendor Services and Other Services being referred to as the "Services"). (c) Damage to Services: The Purchaser agrees to pay the Vendor on demand the cost of repairing or reinstating any of the Services damaged by the Purchaser(or any employee,agent, contractor or other party for whom the Purchaser is in law responsible), and the amount of damage shall,if required,be determined by the Vendor's engineer,which determination shall be final and binding upon the parties. (d) Purchaser Services: The Purchaser acknowledges that the Purchaser shall be responsible at its own expense,after obtaining any applicable permits,to install all services other than the Vendor Services or arrange for third parties to install such services, in compliance with applicable law, which services include or may include curbs and curb cuts, sidewalks, internal roads and accesses to internal roads, internal lighting, storm water management systems, water mains, storm sewers and sanitary sewers (collectively the "Purchaser Services"). The Purchaser shall be responsible for obtaining all service connection approvals and paying service connection charges as applicable. (e) Purchaser Payment of Charges, Levies and Fees: The Purchaser acknowledges that it shall be responsible to pay any fees,levies and charges(including development charges) relating to the Real Property as required -4- by applicable law at such time such payments are required whether presently foreseen or unforeseen. 7. Condition in Favour of Purchaser The obligation of the Purchaser to complete this transaction shall be conditional upon the satisfaction of all of the following matters, each of the following matters being a condition which has been inserted solely for the benefit of the Purchaser, and if not satisfied, which solely the Purchaser may waive by notice in writing to the Vendor within the time fixed for compliance of such condition,failing which the specific condition shall be deemed not to have been satisfied or waived and the agreement shall be terminated with any deposit held by the Vendor returned to the Purchaser without interest or deduction, and the parties shall have no further liabilities to each other. Waiver by the Purchaser of any one or any portion of any one of the conditions shall not be deemed to be a waiver of any other condition or the remainder of such conditions. The conditions(the"Conditions") are as follows: (i) On or prior to 5:00 p.m. seven days prior to the date set for closing, (the"Due Diligence Date"), the Purchaser has satisfied itself in its sole discretion with respect to soil suitability for construction environmental status of the Real Property, zoning, development charge status, any other matters of due diligence conducted by the Purchaser. (ii) On or before the Due Diligence Date, the Purchaser has obtained any financing approvals or internal or external approvals that the Purchaser requires. 8. Inspections by Purchaser From and after the date of acceptance by the Vendor herein, and until the Due Diligence Date,the Purchaser and its agents and employees shall have access to the Real Property upon reasonable prior written notice for the purposes of conducting inspections and tests relating to soil suitability for construction and environmental assessment. Any access shall be at the Purchaser's sole risk and expense and shall be solely for the purpose of making such tests and inspections. The Purchaser hereby indemnifies the Vendor against any and all claims arising out of such access by the Purchaser or its agents or employees, which indemnification shall survive termination or completion, notwithstanding anything else to the contrary contained herein. Following any such tests and inspections, and in the event of termination of this Agreement, the Purchaser covenants to re-instate the Real Property to its conditions as existed prior to the undertaking of any such tests or inspections,and to make available, upon request,without -5- cost to the Vendor, copies of any studies, reports or results with respect to the Real Property. 9. Purchaser Acceptance of Real Property As Is, Where Is The Purchaser acknowledges that the Vendor makes no representations nor gives any warranties with respect to the Real Property or the fitness of the Real Property for the Purchaser's indented uses, and the Real Property is being sold by the Vendor and accepted by the Purchaser on an"As Is,Where Is"basis, including without limitation,state of title, outstanding work orders, zoning and development approval status, soil condition, environmental status and as to quantity, quality or condition. 10. Closing Date The transaction of purchase and sale shall be completed on the 90'day following acceptance of this offer by the Vendor(or as otherwise mutually agreed by the parties),on which date vacant possession of the Real Property shall be given to the Purchaser (the "Closing Date"). 11. Adjustments. HST and Land Transfer Tax Realty taxes, local improvements, and assessment rates shall be apportioned and allowed to the Closing Date(with the Closing Date to be for the account of the Purchaser). HST shall be in addition to the purchase price. The Purchaser represents that at the time of execution of this Agreement and at the Closing Date the Purchaser and the transferee of the Real Property will be registrations under Part IX of the Excise Tax Act(Canada)(the "HST Legislation") and will provide to the Vendor all necessary registration numbers, together with an indemnity satisfactory to the Vendor acting reasonably, failing which the Vendor shall be entitled to a credit on the statement of adjustments equal to the amount of harmonized sales tax exigible. In the event the Purchaser so complies with the preceding sentence, the Vendor and Purchaser acknowledge that this purchase is governed by the"commercial activity"provisions of the HST Legislation, and,as such,the Vendor has no obligation to collect HST and the Purchaser shall self-assess the HST owing in respect of the purchase and report accordingly. The Purchaser shall be responsible for land transfer tax exigible respecting the transfer. 12. Closing Documents (a) The Vendor and Purchaser shall cause their respective solicitors to enter into a document registration agreement in prescribed form and content to facilitate the electronic registration required for closing. -6- (b) In addition to the other deliveries contemplated herein, the Vendor shall prepare and deliver the transfer and the Purchaser shall prepare and deliver the mortgage,if any,and the parties shall exchange undertakings to readjust the statement of adjustments as necessary. 13. Section 116 Income Tax Act The Vendor represents and warrants that it is not now and shall not at the time of closing be a non-resident of Canada within the meaning of the Income Tax Act,and it shall deliver on closing an affidavit verifying same. 14. Non-Merger It is agreed that all covenants, representations and warranties of the parties herein contained shall not merge on the closing of the transaction or the delivery of the transfer but shall survive thereafter. 15. Binding Agreement/Time of the Essence This agreement, when executed by both parties shall constitute a binding contract of purchase and sale, and time shall in all respects be of the essence hereof. 16. Entire Agreement It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement or the Real Property or supported thereby other than as expressed herein in writing. 17. Tender Any tender of documents or money hereunder may be made upon the solicitor acting for the party on whom tender is desired and it shall be sufficient that a negotiable certified cheque may be tendered in lieu of cash. 18. Non-Registration The Purchaser agrees not to register the within agreement nor notice thereof against the title to the Real Property. The Purchaser acknowledges that in the event that any registration respecting this Agreement or notice thereof occurs,the Vendor,in addition to any other rights or remedies it may have, shall be entitled to injunctive relief, and the Vendor may rely upon this provision in support thereof. -7- 19. Headings The headings used herein shall be for convenience of reference only, and shall not affect the interpretation of this agreement. 20. Severability If any provision contained herein shall be found to be unenforceable,such provision shall be severed from the agreement, and the remainder of this agreement shall continue to be in full force and effect. 21. By-laws and Development Policies It is understood and agreed that no provision of this Agreement shall be interpreted to mean or imply that, by selling this land to the Purchaser, the Vendor is in any way exempting the Purchaser from the requirements of the By-laws and Development Policies of the Vendor. 22. Notices All notices permitted or required to be delivered herein shall be delivered by personal or courier delivery to the following addresses (or such other addresses as may be provided in accordance with this paragraph), and shall be considered received when actually received at such address: To the Vendor: The Corporation of the City of Niagara Falls City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor To the Purchaser: 2367063 Ontario Incorporated 4614 Victoria Avenue Niagara Falls, ON L2E 4B7 Attention: Navid Qureshi -8- 23. Offer In the event that this document is executed by the Purchaser prior to execution by the Vendor, this document shall constitute an irrevocable offer by the Purchaser expiring at 5:00 p.m. on the 22ntl day of January, 2014, after which time, if not accepted, this document shall be null and void and any deposit shall be returned to the Purchaser without interest or deduction. IN WITNESS WHEREOF the Purchaser has executed this agreement the 91/ day of f, ,t, g/7 2013. 2367063 ONTARIO INCORPORATED Per: ■011111 ' Ref: L/— it r/ A.„ /t M' t t cis IN WITNESS WHEREOF the Vendor has executed this agreement the day of , 2013. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor c/s Per: Dean lorfida, City Clerk c/s -9- SCHEDULES A. Real Property B. Restrictive Covenants C. Vendor Services to be Installed by Vendor -10- SCHEDULE "A" Part of Lot 210 Township of Stamford designated as Part 20 on Reference Plan 59R- 13527. Part of PIN 64263-0148(LT). -11- SCHEDULE "B" Restrictive Covenants 1. Covenants Run with the Property Cantex Distribution Inc.,with the intent that these covenants shall run with the lands hereinbefore described(the"Real Property")and any part thereof,for itself, its successors and assigns,covenants with The Corporation of the City of Niagara Falls(the"Transferor"), its successors and assigns,that the Transferee and its successors in title from time to time of all or any part of parts of the Real Property will observe and comply with the stipulations, restrictions and provisions herein set forth and that nothing shall be erected,fixed, placed or done upon the Real Property or any part thereof in breach or violation or contrary to the fair meaning of such stipulations, restrictions and provisions, and that the Transferee will have executed by every purchaser from it like covenants so that all persons hereafter holding or claiming under the Transferee shall be bound to observe and comply with the said stipulations, restrictions and provisions. 2. Restrictions Upon Use The Real Property,or any part thereof,shall not be used for any purpose other than a prestige industrial use and in particular shall not be used for residential or retail- commercial purposes.Without limiting the foregoing, any use from time to time shall be in compliance with all applicable laws, including without limitation, municipal, regional, provincial and federal laws having application. 3. Restrictions Upon n (a) No building or any additions thereto or alterations thereof shall be erected or maintained on the Real Property having exposed duct work,air conditioning units, cooling tower,tanks, or similar installations unless the same shall first have been approved in writing by the Transferor, such approval not to be unreasonably withheld. Under no circumstances shall Hydro substations and/or transformers be permitted in the front yard. (b) The Transferee (i) shall not build a building that is less than 22,500 sq. ft.; (ii) shall not commence construction of such building later than eighteen (18) months from the date of registration of the transfer to the Transferee; and -12- (iii) shall not complete construction (to the extent of substantial performance of a contact as contemplated by the Construction Lien Act)of such building later than thirty-six(36)months from the date of registration of the transfer to the Transferee, without in each instance the prior written consent of the Transferor,which consent, subject to the repurchase rights contained herein, shall not be unreasonably withheld or delayed. (c) In the event that the Transferee is in breach of any of the covenants set out in subparagraph (b), the Transferor, at its option, to be exercised by the Transferor at any time up to fifteen (15)days following the expiration of the applicable time period, relating to the applicable breach may exercise a right to repurchase the Real Property, whether or not partially built upon, and whether or not occupied, for the purchase price at which the Real Property was acquired by the Transferee pursuant to the transfer, such sale to be completed thirty(30)days after the date of exercise of the said option by the Transferor, and there shall be deducted from the repurchase price any amount for taxes then accruing against the Real Property,and upon payment by the Transferor to the Transferee of the repurchase price, and upon such resale of the Real Property, the Transferee shall release and convey to the Transferor,free from encumbrance whatsoever, all its right,title and interest in and to the said Real Property. 4. Damage or Destruction Any building which shall have been in whole or part destroyed by fire, lightning or tempest, shall either be rebuilt in accordance with the approved site plan and applicable zoning or all debris removed and the Real Property restored to applicable municipal property standards within six (6) months from the date of such destruction. 5. Garbage or Debris Garbage shall be kept and disposed of in a sanitary manner and none shall be stored outside of any building except in accordance with the approved site plan and applicable zoning or placed in or allowed to enter any stream flowing through the Real Property or adjoining property. -13- 6. Animals, etc. No animal, livestock or fowl or any kind whatsoever may be kept on the Real Property. No breeding of animals for sale shall be carried on upon the Real Property. 7. No Building Waste No building waste or other material of any kind shall be dumped or stored on the Real Property except clean earth. 8. Appearance of Lands The Transferee shall not allow the Real Property and any buildings thereon to deteriorate in appearance, and the Transferee will comply with any reasonable request made by the Transferor in respect of the appearance of the Real Property and any buildings thereon. 9. Seller Right of Self-Help In the event the Transferee breaches these restrictive covenants or any of them, in addition to any other rights and remedies the Transferor may have in law or at equity, the Transferor shall have a right of self-help, and shall be entitled to all costs and expenses relating thereto being recoverable from the Transferee as a debt,which may, at the option of the Transferor, be considered a lien against the Real Property or may be collected in the same manner as realty taxes. 10. Severability If any provision contained herein shall be found to be unenforceable,such provision shall be severed from this schedule, and the remainder of this schedule shall continue to be in full force and effect. 11. No Speculation (a) It is the express intention and agreement of the Transferor and Transferee that there shall be no speculation with respect to all or any portion of the Real Property, and that the Transferor shall have for a period of twenty(20) years from the date of registration of the transfer to the Transferee, the option to repurchase at the price per acre paid by the Transferee, any part -14- of the Real Property which as not been built upon by the Transferee and which the Transferee is desirous of selling, leasing or otherwise disposing. (b) Prior to entering into any agreement respecting a sale, lease or other disposition of all or any portion of the Real Property,which has not been built upon by the Transferee, the Transferee shall give notice thereof to the Transferor, and the Transferor shall have a period of fifteen (15)days from actual receipt of such notice to notify the Transferee of its intention to repurchase that portion of the Real Property not built upon (the "Unbuilt Lands") referred to in the notice; failing such notification by the Transferor, the Transferee shall be permitted to enter into such agreement within a period of six(6)months following receipt by the Transferor of the notice;and in the event that such agreement is not completed, then the within option shall be deemed reinstated. (c) In the event that the Transferor exercises its option, there shall be constituted a binding agreement of purchase and sale between the parties to be completed thirty (30) days after such exercise. There shall be deducted from the repurchase price any amount for taxes then accruing against such lands, and upon payment of the repurchase price the Transferee shall convey to the Transferor, free from encumbrance whatsoever, all its right, title and interest in and to the said Unbuilt Lands. The repurchase shall be subject to the express condition that it shall not be effective to create or convey any interest in land until the provisions of Section 50 of the Planning Act, R.S.O. 1990 are complied with. (d) In the event the Transferee has substantially completed a building,the Plans for which have been approved by the Transferor,and such building has been built in accordance with such Plans, then the Transferee may request a release respecting the provisions of this paragraph,and in the event that the Transferor determines,acting reasonably,that there remain no Unbuilt Lands on the Real Property,the Transferor shall execute an acknowledgment and release respecting the provisions of this paragraph. 12. Headings The headings used herein shall be for convenience of reference only, and shall not affect the interpretation of this schedule. -15- 13. Term of Restrictions These restrictions shall run with the Real Property and remain in force for a period of twenty (20) years from the date of registration of the transfer to the Transferee. 14. Waiver and Amendment Provided always that notwithstanding anything herein contained,the Transferor,its successors and assigns shall have the right by instrument in writing from time to time to waive, alter or modify the covenants and restrictions as set out in this Schedule"B" in its application to any part of the Real Property without notice to the then owner,provided that any modification or alteration materially adverse to the then owner, shall be made without the prior written consent of the then owner. -16- SCHEDULE "C" VENDOR SERVICES TO BE INSTALLED BY VENDOR Services: To be completed within 120 days from the date of approval of the Site Plan, the following: 1. Sanitary Sewers; 2. Roads: semi-urban profile; 3. Street lights. CITY OF NIAGARA FALLS By-law No.2014 - A by-law to provide an interim levy of realty taxes. WHEREAS subsection 317(1) of the Municipal Act, 2001 (the "Act") provides that the council of a local municipality,before the adoption of the estimates for the year,pass a by-law levying amounts on the assessment in each property class in the local municipality, rateable for local municipal purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) An interim tax levy at the following rates is hereby imposed and levied on the whole of the assessment for property in the following classes: Property Class Rate Residential 0.6597% Farmlands 0.1649% Managed Forests 0.1649% Pipeline 1.5725% Multi-Residential 1.2378% New Multi-Residential 0.6597% Commercial 1.6037% Vacant Commercial 1.1226% Industrial 2.2512% Vacant Industrial 1.4633% Industrial (New Construction) 2.0863% Vacant Industrial (New Construction)1.3561% (2) The interim tax levy shall not exceed 50%of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. All monies levied and collected under the authority of this by-law shall be paid to the Treasurer of the City of Niagara Falls and applied by him as directed or required by the Act. Passed this 28th day of January, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28`h day of January, 2014. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 28th day of January, 2014 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty-eighth day of January 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 28, 2014 Second Reading: January 28, 2014 Third Reading: January 28, 2014