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2014/04/08 „7, "V.\\* frf a COUNCIL MEETING Tuesday, April 8, 2014 Order of Business and Agenda Package Niagaraflalls COUNCIL MEETING April 8, 2014 PRAYER: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of March 25, 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. * * * * * PRESENTATIONS/ DEPUTATIONS Niagara Innkeepers Group 5:00 Devanshu Narang and representatives of the Niagara Innkeepers Group wish to address Council. -AND- F-2014-19, Tax Policy Policing Costs 5:30 Jim Collard, Councillor, Niagara-on-the-Lake, will make a presentation on Police Servicing Costs and request Council support the related resolution from Niagara-on-the-lake Smoke-Free Outdoor Spaces 6:00 Maria Brigantino, Manager, and Gillian Chappell, Health Promoter of the Chronic Disease and Injury Prevention section of the Niagara Region Public Health Department will speak to the implementation of the Smoke-Free Outdoor Spaces By-law passed by the Region and supported by Niagara Falls City Council. * * - 2 - REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD-2014-05 - Adult Entertainer Hearings, March 25 CAO-2014-01 - City of Niagara Falls Communication Plan BDD- 2014-01 - AMO Response to Request for Proposal F-2014-15 - Municipal Accounts MW-2014-12 - Lundy's Lane Battlefield Gateway Project RFP 6-2014 (HANDOUT) MW-2014-15 - Frozen Water Services MW-2014-16 - Gale Centre Access - Multi Purpose Trail, Municipal Class EA - Final Recommendations PBD-2014-20 - Commercial Building & Facade Improvement Grant - DRU-2014-002 Revitalization Grant Application - DRU-2014-003, 5905-5929 Main Street. Applicant: Morse & Son Funeral Home. PBD-2014-22 - Memorandum of Understanding for Improving the Planning Function between Niagara Region, the local Area Municipalities and the Niagara Peninsula Conservation Authority PBD-2014-24 - DRU-2014-001 - Commercial Building & Facade Improvement Grant, 5799-5803 Main Street. Applicant: Zimakas Holdings R&C-2014-03 - Request to Honour Samuel Zimmerman TS-2014-14 - Transit Service Update - 3 - PLANNING MATTERS 7:00 P.M. Public Meeting AM-2013-018, Zoning By-law Amendment Application 8267 Thorold Stone Road Applicant: Charles Dyer Proposed Gas Bar Background Material: Recommendation Report: PBD-2014-21 -AND - Correspondence from William Erwin and Eva Bodman Correspondence from Ron and Pam Douglas Correspondence from Jenny Mancuso Correspondence from Anthony Martuccio Public Meeting AM-2014-002, Zoning By-law Amendment Application 5927 Thorold Stone Road. Applicant: Dr. Anthony Giallonardo Agent: Michael Allen, ACK Architects Proposed Clinic Background Material: Recommendation Report: PBD-2014-19 - AND - Correspondence from Adam Delaire - 4 - RESOLUTIONS 1. THEREFORE BE IT RESOLVED that the Niagara Falls City Council supports bids for our community to host the AMO Conference from 2018 to 2020. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the seventh annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 3. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports the provision of a Special Occasion Liquor Licence(SOP)for the Canada Day Festivities (June 30 - July 1) for this event of municipal significance. 4. THEREFORE BE IT RESOLVED that Niagara Falls City Council consents to Centennial Square being the venue for the "Music in the Park" event, considers it as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Drinking Water Week - request from Environmental Services section to proclaim the week of May 4"' to May 11"' as "Drinking Water Week". RECOMMENDATION: For the Approval of Council. 2. A.M.O. - requesting support calling on the Provincial Government to reform joint and several liability and the "combined model". RECOMMENDATION: For the Consideration of Council. 3. YMCA Kate S. Durdan/Lorefto Child Care - requesting a grant equal to the ice rental fees related to their Strong Kids Event. RECOMMENDATION: For the Consideration of Council. 4. Celebrate Old Downtown - requesting a grant equal to road closure fees and other in-kind services for "Springlicious". RECOMMENDATION: For the Consideration of Council. - 5 - Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. RATIFICATION OF "IN CAMERA" MATTERS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2014-44 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Loading Zones, Parking Meter Zones) 2014-45 A by-law to authorize the payment of$27,925,864.17 for General Purposes. 2014-46 A by-law to amend by-law 2011-063, a by-law to provide for Council member appointments to certain Boards, Commissions and Committees. 2014-47 A by-law to authorize the execution of a Memorandum of Understanding for Improving the Planning Function between Niagara Region, the Local Area Municipalities and the Niagara Peninsula Conservation Authority. 2014-48 A by-law to execute an encroachment agreement between the Corporation of the City of Niagara Falls and John and Sophoula Partheniou for a sidewalk between 5513 and 5511 Palmer Avenue. 2014-49 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8'" days of April, 2014. NEW BUSINESS Clerks Department Inter-Department Memorandum TO: Mayor James Diodati DATE: April 8, 2014 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Niagara Innkeepers Group A deputation has been scheduled by the Niagara Innkeepers Group. Council was copied on a previous correspondence from the group, which is included in the package. A meeting with the group occurred on January 30t" As outlined in the correspondences, the group has three issues: property tax break/vacancy rebate, tax payment schedule and WEGO. The Director of Transportation Services addressed the WEGO concerns to the satisfaction of the group (see attached email). The Finance Department works with property owners on tax payment plans and will do so with any of the members of the group. Also, Finance staff has indicated they can consider changes for 2015. With regard to taxes, the municipality is governed by the Municipal Act. Council can not give tax breaks that are not contemplated by the Act. A vacancy rebate program is in place, however, as has been addressed previously by Council, the properties do not meet the definition of vacant. The properties are available for the travelling public but are at low capacity in the off-season. Working Together to Serve Our Community F-2014-19 Niagarra qJ/ April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F-2014-19 Tax Policy RECOMMENDATION That staff review the installment dates for interim tax installment dates for 2015 and report to Council. EXECUTIVE SUMMARY A request has been received from the Niagara Innkeepers Association to review the payment due dates of taxes billed. The concerns of the group appear to be related to the due dates in the winter months and pertain to the interim due dates. For 2014, those dates have passed but for 2015, staff will review those dates and report to Council. Similarly, a request has been made to include these properties in the vacancy rebate program. In regards to the request for vacancy rebate opportunities, the City's vacancy tax rebate program is legislated through the Municipal Act and associated legislation. The due dates for the 2013 program has passed and staff are evaluating all applications received. All applicants are evaluated based on the facts of the individual application submitted. BACKGROUND The City received a request for staff to meet with representatives of the Niagara Innkeepers Association in respect to concerns they raised in a letter dated January 30, 2014. Specifically, the innkeepers wanted to receive confirmation that staff would authorize vacancy rebates for properties within their group. Similarly, the association requested that staff consider amending the tax installment due dates to facilitate payment periods consistent with their business cycles. This report addresses their requests and provides Council with background on existing policies. The association is making a presentation at this meeting of Council. ANALYSIS/RATIONALE Since the request is related to two issues, vacancy rebates and tax due dates, the issues are addressed independently. Vacancy Rebates The municipality is required under the s.364 of the Municipal Act, 2001 , to have a vacancy rebate program. The City's vacancy rebate policy is an opportunity for the property owner of either a commercial and or an industrial assessed property to seek tax reductions when the property is not used. The requirements of City's program is established on the vacancy April 8, 2014 -2 - F-2014-19 application. The application's rules mirror the legislative rules governing these rebates is Ontario Regulation 325/01. While it is a property owner's right to apply, staff evaluate whether the application is compliant with the established policy. While meeting with the Innkeeper's Association, City staff did highlight that many of the business operations are seasonal in nature and are excluded by virtue of the legislative regulation. However, we did assert that staff would review the application if submitted. Installment Dates The City passes a bylaw annually outlining the interim due dates for taxes billed and for final due dates. The interim due dates are February 28th and April 30th. The final due dates will be determined with the annual tax bylaw. Historically, the due dates have been as follows for non-capped classes: June 3091 and September 30th; for capped classes: August 31' and October 315` While staff are understanding of the plight of property owners who have seasonal businesses, we also understand that the City collects taxes from property owners on behalf of the Region of Niagara and the local school boards. The due dates for these other levels of government are established annually and are consistent with the City's due dates for tax collection. Staff are willing to review interim installment dates in future years. Similarly, the City will review its preauthorized payment plans to determine its opportunities exist to alleviate these concerns through these payment programs. It should be noted that installment dates are similar for all property owners so any changes to due dates would have to be afforded to all property owners. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As stated, the City requires a steady cash flow to operate. The established due dates provide the City with the ability to meet its financial obligations to suppliers, employees and other levels of government. Changes to collection dates could result in incurring carrying charges that would affect the annual budget. Recommended by: �/�L� /,i Todd Harri on, Directo of Finance Respectfully submitted: PH44411( Ken Todd, Chief Administrative Officer To, Mr. Jim Diodati Mayor Niagara Falls And The Members of the City Council Niagara Falls And The Chief Administrative Officer and the City Clerk, City Hall, Niagara Falls. Date: 29th January 2014 Subject: Formal request for consideration of the below mentioned points by the city council. Dear Mr. Diodati, members of the City Council and the Administrative department of the City of Niagara Falls, We are the members of the Niagara Innkeepers Association, a representative body of the small innkeepers of Niagara Falls with list of members as attached along with. We had met a representative city body earlier on August 71h 2013 and after consultations at our end, now forward the following formal request to your good selves for review and consideration to enable us to survive in our businesses which are badly hit by the ridiculously low tourist inflow to our small properties- 1 . PROPERTY TAX BREAK- Due to the tourist flow completely dying down during more than seven months of our business, we are operating on at best, 10-20% occupancy during these months. This revenue can just about cover our operating expenses like utilities, telephone bills etc and does not cover our mortgages or tax bills, what to talk about contributing even a dime towards the long hours that we have to put in, in our businesses every day. We understand that we can apply for property tax rebates due to the high vacancy rates at our properties up to a maximum of 30%, being commercial establishments. Please direct your finance department to ensure that this vacancy rebate is provided to our establishments and if possible, an interim immediate rebate is provided to us on filing of applications or we are allowed to defer depositing our February taxes till such time a decision on our final rebate amounts is confirmed back to us and its actual disbursement done. 2. SEASONALITY OF PROPERTY TAXES- All put together, during the months of January, February and March, we do not even make up 10% of our yearly business. For some families of the small motel owners and of many of our employees, even the credit cards are saturated as there is no money inflow but all bills remain besides the need to feed our families with daily bread. We would request you all to be considerate enough towards us and allow the innkeepers of Niagara Falls to deposit the property tax bills as per the following two options, WITHOUT any penalty or interest costs- a. Either being allowed to deposit the January/February/March quarter tax bill anytime during the year WITHOUT any penalty or interest, latest along with the last instalment. Therefore the property can deposit this first quarter tax bill either in the first quarter itself, or anytime during the second, third or fourth quarter, latest along with the instalment of the last quarter of the year. Only for this quarter instalment, there would be NO interest or penalty charged. b. OR being allowed to deposit the entire year's bill in nine equal instalments, on direct debit basis instead of twelve, starting from April and ending in December, without any penalty or extra interest cost. This will allow us the desired breather in the cruel months of January, February & March. 3. WE GO BUSES- As per our understanding the WEGO buses were started with the intention of enabling the tourists to have a comfortable mode of transport available from all sections of the city and to allow the city businesses to benefit from easy flow of tourists. However as we understand, to enable better marketing of its Wonder Pass and Adventure Passes, the Niagara Falls tourism has decided to do away with the 48 hour WEGO pass and also the rate for the 24 hours pass will be $ 7. This effectively kills the very reason, the WEGO buses were started. We would request you to do the following to enable help in the dying businesses on Lundys Lane or areas away from the Falls view district- a. Either allow the WEGO pass to charge a maximum of $ 5 for two days during season or off season, for anyone to buy. b. Or allow the motels and the inns to not just buy the complimentary pass of two days but also be able to sell the pass to the registered motel guests at a special price of $ 5. 4. Representation of Niagara Innkeepers Association members in the various city bodies- Tourism being the main business of the city of Niagara Falls, the small motels of Niagara play an important role in its growth. As requested earlier, a permanent seat may kindly be allocated to a representative from the Niagara Innkeepers Association in various city bodies or the business forums made to represent the city. That way they will be able to share their concerns and voice their opinion too in the growth of the city. We would request your good selves to review the above and let us know your considerate decision. If, at any forum where you will discuss these issues, you can allow us to voice our opinion before a decision is taken, we would be highly obliged. We look forward to your valued decision, Regards DEVANSHU NARANG (President) and the members of the Niagara Innkeepers Association, 7797 Lundys Lane Niagara Falls Ontario- L2H 1 H3 # 905 374 4442 / Email: ceo @moodi.net MEMBERS NIA- 1. A 1 Motel 2. Advantage Inn 3. Alpine Motel 4. America's Best Inn and Suites 5. Anchor Lodge Motel 6. Arkona Motel 7. Aston Villa Motel 8. Avenue Inn 9. Blue Moon Motel 10.Canada's Best Value Inn 11.Caravan Inn 12.Empress Inn and suites 13.Falcon Inn 14. Falls Manor 15.Howard Johnson Express Inn 16. Kingsway Motel 17. Knights Inn Lundys Lane 18.Knights Inn Main street 19.Maplehaven Motel 20.Marco Polo Inn 21.Niagara Falls Motor Lodge 22.Niagara Inn 23.Oasis Motel 24.Overnite Inn 25.Riverview/Parkway Motel 26.Scottish Inn 27.Scott's Tent and Trailer Park 28.Stardust Inn 29.Surfside Inn 30.Sunset Inn 31.The Rex Motel 32.Tropicana Inn 33.Universal Inn and suites 34.Victoria Motor Inn 35.White Rose Motel 36.Willow Motel 37.Water Edge Motel Dean Iorfida From: devanshu narang <ceo @moodi.net> Sent: Tuesday, March 18, 2014 12:32 PM To: Dean Iorfida Cc: Todd Harrison; Karl Dren Subject: Re: Meeting with Mayor Diodati Thank you very much Dean. Is there a possibility that one or two of us are allowed to speak in the council meeting representing the views of the small businesses like motels from amongst the public? Also how many people from the public are allowed to sit and watch the proceedings? Can we bring in the motel owners and if yes, how many can observe the council meeting? Rgds Devanshu Narang B.Tech Mechanical Engg. (IIT Bombay) # Direct: +1 416 8484 313 Fax: +1 905 374 1151 http://www.moodi.net/ Email: ceoAmoodi.net President & Chief Executive Officer MOOD I LIMITED The in Passion, The ' in Inns. Travelodge Bonaventure , Niagara Falls, Ontario, Canada # +1 905 374 7171 www,niagaratravelodge,co_m Advantage Inn, Niagara Falls, Ontario, Canada : # +1 905 374 4442 htt //www.advantageinn.com/ Overnite Inn, Niagara Falls, Ontario, Canada : # +1 905 371 1700 Real Estate Broker Reio Realty Ltd. Brokerage, Niagara Falls, Ontario, Canada: # +1 905 358 9800 x 139 Life Insurance Agent World Financial Group (WFG) , Mississauga , Ontario, Canada WRITER - POET- PERFORMER- GYPSY From: Dean lorfida <diorfida @niagarafalls.ca> To: 'devanshu narang' <ceo @moodi.net> Cc: Todd Harrison <tarrison @niagarafalls.ca>; Karl Dren <kdren @niagarafalls.ca> Sent: Tuesday, March 18, 2014 12:03 PM Subject: RE: Meeting with Mayor Diodati Devanshu: I wanted to get back to you. We will have your deputation to Council on April 8w. It will allow staff time to prepare a related report. 1 Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905-356-7521, ext. 4271 905-356-9083 (Fax) From: devanshu narang[mailto:ceo @moodi.net] Sent: Wednesday. February 26. 2014 3:37 PM To: Karl Dren Cc: Jim Diodati: Carey Campbell; Dean Iorfida: Gruosso Marcelo; Serge Felicetti;Janet Berry Subject: Re: Meeting with Mayor Diodati Dear Mr. Dren Thank you very much and it is a great positive step on your part and the two day pass being back, will definitely help. I would also like to thank Mayor Diodati for enabling this meeting with your good self and such positives help in building the confidence the businesses have towards the administration. We do hope that you would have a review of the sale for the offseason and would also revive your promotion of two days for one day for the next winter season. However what you have done shows your appreciation for business' concerns and we again thank you for this and also would request you to please ask the Niagara Parks Commission sales team to start giving the 48 hours passes at the earliest to the local businesses so that we can start promoting them again. Regards Devanshu Narang B.Tech Mechanical Engg. QIT Bombay) # Direct: +1 416 8484 313 Fax: +1 905 374 1151 http://www.moodi.net/ Email: ceo(aimoodi.net President& Chief Executive Officer MOOD I LIMITED The ' in Passion, The in Inns. Travelodge Bonaventure , Niagara Falls, Ontario, Canada # +1 905 374 7171 http:;/www,.niagaratravelodge.com/ Advantage Inn. Niagara Falls, Ontario, Canada : #+1 905 374 4442 http://www.advantag_einn.corm Overnite Inn, Niagara Falls, Ontario. Canada : # +1 905 371 1700 Real Estate Broker Reio Realty Ltd. Brokerage. Niagara Falls. Ontario, Canada: #+I 905 358 9800 x 139 Life Insurance Agent 2 World Financial Group (WFG) , Mississauga , Ontario, Canada WRITER - POET- PERFORMER- GYPSY From: Karl Dren <kdren.@niagarafalls.ca> To: mceoramoodi.net"' <ceo@moodi.net> Cc: Jim Diodati <jdiodati a niagarafalls.ca>; Carey Campbell <ccampbell @niagarafalls.ca>: Dean lorfida <diorfida @niagarafalls.ca>: Karl Dren<kdren@niagarafalls.ca>: Gruosso Marcelo<mgruosso @niagaraparks.com>; Serge Felicetti <sfelicetti i niagarafalls.ca>; Janet Berry<jberry@niagarafalls.ca> Sent: Wednesday, February 26.2014 3:17 PM Subject: RE: Meeting with Mayor Diodati Good Afternoon Mr. Narang, It seas a pleasure meeting with the Niagara Innkeepers Association, on January 30th at City Hall with the Mayor and several Cite staff During our discussion I indicated that I would bring your matters regarding the sale of WEGO Passes forward to the Technical Committee. Hie questions you presented are as follows: WE GO BUSES-As per our understanding the WEGO buses were started with the intention of enabling the tourists to have a comfortable [node of transport available from all sections of the city and to allow the city businesses to benefit from easy flow of tourists. However as we understatd to enable better marketing of its Wonder Pass and Adventure Passes. the Niagara Falls tourism has decided to do away with the 48 hour WEGO pass and also the rate for the 24 hours pass will he S '. This effectively kills the very reason, the WEGO bases were started. We would request you to do the following to enable help in the dying businesses on Lundvs Lane or areas away the Falls view district- a. Either allow the WEGO pass to charge a maximum of S 5 for two days during season or off season. for anyone to buy. h. Or allow the motels and the inns to not just buy the complimentary pass of two days hut also be able to sell the pass to the registered motel guests at a special price of S 5. na:te i l I iolio 'toe resolution: The Niy-a_t'a Parks t :I ,f'i'g sion -.as cC ! n red that It i it continue offer the sale of 48 hour passes th ouch It s I ta/ : r (1 reduced 'lure d :n tPe cane ,s!I he e :sewed and evaluated prior a the completion iorthi> peal: iidir si ua s pass i>: e s:, a th A e:u c FPe ':a For mote's'inns and ‘s iii continue to he n ade c.umt_, ndee .'S2 56 — I'.S. once a lone: t.: fled and offered per the Host Pass Agreement entered in i i ._aru Park; an in!: Sincerely, Karl Karl Dren, C.E.T. Director, Transportation Services The City of Niagara Falls - Transit Building 4320 Bridge Street Niagara Falls, Ontario, Canada L2E 2R7 Phone : 905-356-7521, ext. 4509 Fax : 905-356-5576 3 email: mailto:kdren a;niagarafalls.ca website: http:! www.niagarafalls.cal From: Jim Diodati Sent: Tuesday, February 25,2014 6:41 PM To: Karl Dren Subject: FW: Meeting with Mayor Diodati Karl: Please refer to the highlighted and underlined reference to transportation in the following email. I would appreciate you responding to Devanshu as quickly as possible and letting me know the results of that conversation. Thanks Jim From: devanshu narang[maiIto:ceoo-amoodi.net] Sent: Monday, February 24,2014 5:04 PM To: Cathy Crabbe:Jim Diodati Cc: stardust inn(u.■ahoo.ca: mailto:darshan2 ascmpatico.ca Subject: Re: Meeting with Mayor Diodati Dear Mr. Diodati, Good day! We wish to draw your reference to our meeting held with your good self and your team on 30th January 2014. We believe that we had a good discussion and also had reached workable solutions to many issues. If your good self remembers, your colleagues, who too were upbeat on the discussions, had confirmed that they will revert back on the issues with solutions within a few days. However it has been more than three weeks and we have not heard from anyone and hence I am forced to write to you again. On one of the major issues of that Mr. Tod Harrison had confirmed that instead of going to the Council, as suggested by the City clerk, he will work out a monthly payment plan for depositing the taxes with the option of staggered payments (with lowest being in off season months of January- April) and higher later. He was very categorical that he can work out something along with his staff and we do not need to discuss the issue with the council or anyone else. However when we got no response and talked to him today, he said that they will have to do the same on case to case basis and the individual cases can be discussed. We reminded the gentleman that it is not about one property or one person and what was discussed about was for all the small motel owners. We also mentioned that we are not looking for any case to case basis resolution but a policy that could be followed for all motels for amounts that are not in arrears. He then mentioned that he may have to review again or discuss with you or council. We are not unclear on the reasons for change of mind on what was welcome by all and was supposed to be a simple issue. As for GO bus too, we have not heard anything and yet the one day price for two day pass during winter stands discontinued. 4 We would request you to kindly review the same and if an additional meeting is required to sort out any issue, please do let us know and we can be available at short notice. We look forward to your valued response. My cell number is 289 968 8466 and I am available 24 x 7. Regards Devanshu Narang B.Tech Mechanical Engg. (IIT Bombay) # Direct: +1 416 8484 313 Fax: +1 905 374 1151 http://www.moodi.net/ Email: ceo(a moodi.net President& Chief Executive Officer MOOD I LIMITED The in Passion, The in Inns. Travelodge Bonaventure , Niagara Falls, Ontario, Canada # +1 905 374 7171 http: /www.niauaatravelodge.com Advantage Inn. Niagara Falls, Ontario. Canada : #+1 905 374 4442 http: /wuw.advantageinn.com! Overnite Inn. Niagara Falls. Ontario. Canada : # +1 905 371 1700 Real Estate Broker Reio Realty Ltd. Brokerage. Niagara Falls, Ontario. Canada: # +1 905 358 9800 x 139 Life Insurance Agent World Financial Group (WFG) , Mississauga , Ontario, Canada WRITER - POET- PERFORMER- GYPSY From: devanshu narang<ceordmoodi.net> To Cathy Crabbe <ccrabbe(imagarafalls ea>: "jdtodati dnia_arafalls.ca <jdiodati a niagarafalls.ca>; "talktothecao%a niagarafalls.ca" <talktothecaodrniaearafalls.ca> Cc: w gates"ci.caw199.corn <vgates/d cans 199.coin>; "joannom aniagaraf,ills.ca" <oannoma"niagarafalls.ca>; "krn io a overlookingthefalls corn" <kerrio a overlookin_thefalls.com> maves aacoe,eo.ca" <wmaves(i,coegeo.ca>; vi io�ce0��oroccoaniagarafalb.ca' �Jo}cemoroccornnia arafalls.ca>: "wthomson;nfallsviewgroupcom" «<lhomson at tIlsvwa-ou p.com>; 'Jam eewmgcoegeo.ca" �Janicew �a_ coegco.ca>; "vpiettrangelormtarafalls.ea" <spiertrangelo(inia arafalls.ca> Sent: Wednesday,January 29,2014 7:24 PM Subject: Meeting with Mayor Diodati Dear Mayor Diodati, Council Members of the city Hall, CAO and the City Clerk This is with reference to the meeting of the representatives of the Niagara Falls Innkeepers Association with the Mayor to be held tomorrow at 1 :00 pm. We look forward to the same and in order to enable the meeting to have more relevance and be specific to some of the most critical issues for us of date. we are ATTACHING a request letter for the Mayor and the City council which we will hand over to the Mayor in person tomorrow. We would request the city council and the Mayor to accept the same and review the same as every day has become a fight for survival for us right now. Unfortunately Mother nature has also created huge obstacles for us 5 this year and if the city and its council does not help out us now, our survival itself will become difficult in days to come. We would request you to review the attached letter and help us out with an early discussion of our points raised in your Council meeting. Regards Devanshu Narang B.Tech Mechanical Engg. (IIT Bombay) # Direct: +1 289 968 8466 Email: ceo(imoodi.net President Niagara Innkeepers Association 7797 Lundys Lane Niagara Falls Ontario- L21-I 11-13 From: Cathy Crabbe <cerabbe niagarafalls.ca> To mceorumoodi.net <ceo'a moodi.net> Sent: Wednesday. January 15, 2014 3:25 PM Subject: Details for Meeting with Mayor Diodati Hello Devanshu: Further to our telephone conversation this afternoon, this will confirm that a meeting has been arranged for you and a small contingent of your executive to meet with the Mayor on Thursday, January 30, 1:00 p.m. The meeting will be conducted in Committee Room One, located on the second floor of City Hall. I believe this is the same room where you met originally with the Mayor. Regards. Cathy http: iwww.niagarafalls.ca' The Cite of Niagara Falls Confidential its Notice The information contained in this communication including any attachments may he confidential.is intended only for the use of the recipient(st named ahoy e.and may be legalir privileged. If reader ofthis massage is not the intended recipient,you are hereby notified that am dissemination distrihution. disclosure or cops ina of this communication or any of its contents is strictly prohibited. Ifsou have received this communication in error please re-send this communication to the sender and permanently delete the original and any cops from your computer system_Thank wu http. yyww.maaraf_alls.ca The Cgs of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient(sf named above,and may he legally privileged. If the reader ofthis message is not the intended recipient you are hereby notified that ans dissemination,distribution disclosure or cops ing of this communication or any of its contents is strictly prohibited If you have received this communication in error please re-send this communication to the sender and permanentls delete the original and am copy troth your computer sy stem 'Thank you 6 Dean Iorfida From: Dean Iorfida Sent: Thursday, January 30, 2014 9:45 AM To: Cathy Crabbe; Todd Harrison; Ken Todd; Ken Beaman; Karl Dren; Serge Felicetti Cc: CouncilMembers Subject: FW: Meeting with Mayor Diodati Attachments: mayor and city hall.docx; vacancyrebateresolution.pdf I appreciate the group articulating their issues, in writing, prior to the meeting today at 1:00 p.m. but I assume that a number of their requests are not legally permissible. I would defer questions on WEGO to Serge and Karl. Not sure if they are available at 1:00. Members of this group have raised these issues previously and have been advised repeatedly on what can or can't be done. From a Community Services meeting in 2003: d) Lund i's Lane Motel Owners Several motel owners from the Lundy's Lane area were in attendance at the meeting. Due to the downturn in tourism, the owners requested assistance in the form of tax relief. Staff advised that arrangements could be made to defer payment, however, by law, penalty and interest charges could not be waived. The motel owners asked the City to petition the Federal and Provincial governments to provide an interest-free loan to cover the penalty and interest costs for all sectors of the community that have been hurt by the downturn in the economy. IT WAS MOVED BY ALDERMAN CRAITOR, SECONDED BY Alderman Feren, that the Federal & Provincial governments be requested to consider interest-free loans to all sectors in Niagara Falls as a result of the economic downturn. In 2009, I prepared the attached resolution related to vacancy rebates. My recollection is that part of the problem is that these properties aren't necessarily vacant in the off-season, they are just not busy. I'll place the correspondence on the next Council agenda with a Refer to Staff recommendation. Thanks Dean From: Cathy Crabbe Sent: Thursday, January 30, 2014 9:02 AM To: Todd Harrison; Dean Iorfida Subject: FW: Meeting with Mayor Diodati Good Morning Gentlemen: Please review the following message and attached letter sent last night from Devanshu Narang with regard to this afternoon's meeting. Thanks, 1 5;;141 I CITY Oie, OSA The City of Niagara Falls, Ontario Resolution May 4, 2009 No. 21 Moved by Councillor Pietrangelo Seconded by Councillor Diodati WHEREAS the City of Niagara Falls has many small `mom and pop" motel operations; and WHEREAS these motels are subject to the vagaries of the economy; and WHEREAS downturns in the economy, and more specifically, tourism have a detrimental effect on these motels; and WHEREAS many of these motels are forced to close during the off-season or winter months; and WHEREAS neither the Municipal Act nor Assessment Act have mechanisms for relief for seasonal businesses; and WHEREAS s. 364(l)of the Municipal Ad provides the authority for a tax rebate program for owners of vacant property in the commercial and institutional classes; and WHEREAS O. Reg. 325,'01, Tax Matters--- Eligible Property under Section 364 of the Act does not allow seasonal commercial businesses of availing themselves under the vacant rebate program. THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs and Housing be requested to have Ministry staff to work with the industry to devise a Vacancy Rebate Program tailored to the Accommodations sector; and FURTHER BE IT RESOLVED that this resolution be circulated to other Ontario municipalities. Carried Unanimously AND The Seal of the Corporation be hereto affixed. ceT/eCe DEAN II ' PIA R,iT,,(TED) SALCI CITY CLERK MAYOR 4/2/2014 Municipal Act, 2001, S.O. 2001. c. 25 Every local municipality shall have a program to provide tax rebates to owners of property that has vacant portions if that property is in any of the commercial classes or industrial classes, as defined in subsection 308 (1). 2001, c. 25, s. 364 (1). Requirements of program (2) A tax rebate program under this section must meet the following requirements: 1. The program shall apply to eligible property as prescribed by the Minister of Finance for the purposes of this section. 2. If the property is in any of the commercial classes, the rebate shall be equal to 30 per cent of the taxes applicable to the eligible property, as determined under clause (12) (b). 3. If the property is in any of the industrial classes, the rebate shall be equal to 35 per cent of the taxes applicable to the eligible property, as determined under clause (12) (b). 4. An application may be made by or on behalf of the owner. 5. The application shall be made to the local municipality by the last day of February of the year following the taxation year in respect of which the application is made or such later date as the Minister of Finance may prescribe, either before or after the expiry of the time limit. 6. Unless otherwise prescribed by the Minister of Finance, an owner or a person on behalf of the owner shall submit one application for a taxation year, except that an interim application may be made for the first six months of the taxation year. 2001, c. 25, s. 364 (2). Mixed use (3) If a portion of a property is classified on the assessment roll in any of the commercial classes and another portion of the property is classified in any of the industrial classes, the portion classified in the commercial classes shall be deemed to be one property and the portion classified in the industrial classes shall be deemed to be another property for the purposes of this section. 2002, c. 22, s. 160. If single percentage established (4) If the council of a municipality, other than a lower -tier municipality, has established a single percentage for a year under subsection 313 (4), that percentage applies for the year rather than the percentage set out in paragraph 2 or 3 of subsection (2), as the case may be. 2001, c. 25, s. 364 (4). Evidentiary requirements (5) The program may include evidentiary requirements that must be satisfied for the owner to be entitled to a rebate under this section. 2001, c. 25, s. 364 (5). Right of access http: //wnw.e -1 aws.g ov.on.ca/html/ statutes /eng l ish/elaws_statutes_01 m25_e.htm4BK428 1/4 4/2/2014 Municipal Act, 2001, 8.0. 2001, c. 25 (6) For the purposes of verifying an application made under this section, an employee of a municipality or a person designated by the municipality, upon producing proper identification, shall at all reasonable times and upon reasonable request be given free access to all property referred to in the application made under this section. 2001, c. 25, s. 364 (6). Information (7) Every adult person present on the property when the person referred to in subsection (6) visits the property in the performance of his or her duties shall give the person all the information within his or her knowledge that will assist the person to determine the proper amount of the rebate payable under this section. 2001, c. 25, s. 364 (7). Request for information (8) For the purposes of determining the proper amount of any rebate payable under this section, the municipality may, by letter sent by mail, served personally or delivered by courier, require the owner or manager of a property referred to in an application under this section to provide any relevant information or produce any relevant records within such reasonable time as is set out in the letter. 2001, c. 25, s. 364 (8). Return of information (9) A person who receives a letter under subsection (8) shall, within the time set out in the letter, provide to the municipality all the information that is within the person's knowledge and produce all of the records required that are within the person's possession or control. 2001, c. 25, s. 364 (9). Offence (I 0) Every person who is required to provide information under this section and who defaults in doing so is guilty of an offence and on conviction is liable to a fine of $100 for each day during which the default continues. 2001, c. 25, s. 364 (10). Sharing costs of rebates (1 1) The amount of a tax rebate with respect to a property shall be shared by the municipalities and the school boards that share in the revenue from the taxes on the property in the same proportion as the municipalities and school boards share in those revenues. 2001, c. 25, s. 364 (11); 2002, c. 17, Sched. A, s. 67 (1). Regulations ( 12) The Minister of Finance may make regulations, (a) prescribing the requirements for a property or portion of a property to be eligible property; (b) respecting how to determine the amount of tax to which the percentages specified in paragraphs 2 and 3 of subsection (2) are to be applied; (c) respecting the determination of the value of eligible property by the assessment corporation; (d) prescribing the number or frequency of applications under paragraph 6 of subsection (2); http://www.e-laws .9 ov.on.ca/html /statutes /eng lish /elaws_statutes_01 m25_e.htm#BK428 2/4 4/2/2014 Municipal Act, 2001, S.O. 2001, c. 25 (e) governing programs under this section, including prescribing additional requirements for those programs, and governing the procedural requirements that those programs must include; (f) prescribing a date for the purposes of subsections (2), (15) and (20). 2001, c. 25, s. 364 (12). Rebate to include credit (1 3) A municipality may credit all or part of the amount of the tax rebate owing to an outstanding tax liability of the owner. 2001,c. 25, s.364 (13). Complaint (I 4) A person who has made an application under this section may, within 120 days after the municipality mails the determination of the amount of the rebate, complain to the Assessment Review Board in writing that the amount is too low. 2001, c. 25, s. 364 (14). Same, if no determination of rebate (1 5) If the municipality fails to mail the determination of the amount of the rebate to the applicant within 120 days of the receipt of the application or such later date as the Minister of Finance may prescribe, the applicant may complain in writing to the Assessment Review Board. 2001, c. 25, s. 364 (15). Determination by the Board ( 16) In a complaint under subsection (14) or (15), the Assessment Review Board shall determine the amount of any rebate owing to the applicant. 2001, c. 25, s. 364 (16). Same (17) Section 40 of the Assessment Act applies to a complaint under subsection (14), (15) or (24) as if it were an appeal under subsection 40 (1) of that Act, except the assessment corporation shall not be a party for purposes of subsection 40 (1 1) of that Act. 2008, c. 7, Sched. O, s. 7. Appeal to Divisional Court (18) Section 43.1 of the Assessment Act applies to a decision of the Assessment Review Board. 2001, c. 25, s. 364 (18). Offence (19) Any person who knowingly makes a false or deceptive statement in an application made to a municipality or in any other document submitted to a municipality under this section is guilty of an offence and is liable on conviction to a fine of not more than an amount that is twice the amount of the rebate obtained or sought to be obtained by the false or deceptive statement except that the fine shall not be less than $500. 2001, c. 25, s. 364 (19). Interest (20) The municipality shall pay interest, at the same rate of interest that applies under subsection 257.11 (4) of theEducation Act, on the amount of any rebate to which the applicant is entitled under this section if the municipality fails to rebate or credit such http.//www.e-laws.g ov.on.ca/htni /statutes /eng l ish/elaws_statutes_01 m25_e.htn# BK428 3/4 4/2/2014 Municipal Act, 2001, S.O. 2001, c. 25 amount within 120 days, or such later date as the Minister of Finance may prescribe, of the receipt of the application or interim application. 2001, c. 25, s. 364 (20). No fee (21) Despite this Act, no fee may be imposed by a municipality to process an application made under this section. 2001, c. 25, s. 364 (21). Recovery 122) If a rebate is paid under this section and the municipality determines that the rebate or any portion of the rebate has been paid in error, the municipality may notify the owner of the property in respect of which the rebate was made of the amount of the overpayment and upon so doing the amount shall have priority lien status and shall be added to the tax roll. 2001, c. 25, s. 364 (22); 2002, c. 17, Sched. A, s. 67 (2). Time limitation (23) Subsection (22) does not apply unless the municipality notifies the owner within two years after the application with respect to which the overpayment relates was made. 2001, c. 25, s. 364 (23). Complaint (24) The owner of the property to whom the municipality sends a notification under subsection (22) may, within 90 days of its receipt, complain to the Assessment Review Board in writing that the amount claimed or any part of it was properly payable as a rebate under this section. 2001, c. 25, s. 364 (24). Interpretation (25) In this section, "tax" has the same meaning as in subsection 361 (12). 2006, c. 32, Sched. A, s. 149. http://www.e-laws.g ovon.ca/htM /statutes /eng l ish/el aws_statutes_01 m25_e.htMlBK428 4/4 4/2/2014 Police Services Costs Presented to: City of Niagara Falls By: Councillor Jim Collard Niagaç a aI Lake 1 4/2/2014 Policing Costs in Niagara • Rising policing costs have become a matter of great concern for many municipalities in Ontario • Recent arbitration settlements and sole reliance on property tax base have created a hardship for many communities • Total Niagara Regional Police Levy (2011 ) was over $120 million dollars Niagara ma., 2 4/2/2014 NOTL Experience • In 2011 , NOTL ratepayers spent $8.3 million on police services • That's almost $1 million more than the $7.4 million it cost to operate the entire municipality Niagara l� 3 4/2/2014 NOTL Experience • NOTL share of police services budget is 7% • We only have 3.6% of Niagara's population • We only generated 1 .8% of total calls to police Niagara Ice 4 4/2/2014 Police Costs - Top 6 Municipalities Police Costs By Household & Population, 2011 a ( Niagara` I Median: Police ( %of ' I $Per Median $Per ' -Per et AL,. atiori I House -Per House' Person I Person NOTL $8.3 M 7% 3.6% $1466 $655 $539 $296 Grimsby $2.8 M 6.4% 5.9% $805 $655 $306 $296 Lincoln $2.5 M 5.5% 4.6% $783 $655 $336 $296 Pelham $4.9 M 4% 3.7% $746 $655 $305 $296 Niagara Falls $26M 21.5% 19.4% $740 $655 $314 $296 West Lincoln $3.2M 2.7% 3.2% $670 $655 $235 $296 Niagara ke 5 4/2/2014 2011 Niagara Region Policing Costs Per Capita �St ,. oa . d P41wn,S'D6 l�r .1466 �.1 Niagara ke 6 4/2/2014 2011 Niagara Region Policing Costs Per Household { yr ;;;-: s Fna hMwn,Sra1 " NiagaraL.alce on he- ,.., -�.� 4/2/2014 Provincial Action • Province and AMO are looking at ways to help rural municipalities with police costs • Currently reviewing OPP billing model — looking at a flat rate plus variable charge for service calls • Similar review should take place here in Niagara Niagar ke on-the 8 4/2/2014 NOTL Resolution • Resolution passed January 20, 2014, calling on Niagara Region to: - Research other funding options to pay for police services which are more fair and equitable to municipalities - Report on these options by end of 2014 • Please join us by supporting our motion Niagara ke 9 Ie���`+ob Department of Corporate Services '4iagar ' iI..ae P.O. Box Mil Virgil, ON LOS 1T0 -on-the- 905-468-3266 • Fax: 905-468-2959 EST3081 "..11111see," www.notl.org THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE OFFICE OF THE TOWN CLERK DATE: JANUARY 20, 2014 RESOLUTION NO. MOVED BY COUNCILLOR: / � ��� SECONDED BY COUNCILLOR::--- • . WHEREAS in 2011, Niagara-on-the-Lake ratepayers spent $8.3 million on police services, which is more than the $7.4 million it cost to operate the entire municipality; AND WHEREAS in 2011, each household in Niagara-on-the-Lake paid $1 ,466.22 for police services as opposed to the Niagara median of $655.64 and each person in Niagara-on-the-Lake paid $539.07 for police services versus the Niagara median of $296.51; AND WHEREAS Niagara-on-the-Lake's share of the police services budget is 7% for a municipality that represents only 3.6% of Niagara's population and generates only 1.8% of total calls to police; AND WHEREAS the current use of property assessment to determine what municipalities pay for police services is an unfair and unrealistic burden on our local ratepayer. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Niagara-on-the-Lake calls on the Regional Municipality of Niagara to direct its staff to: • Research other funding options for the provision of police services to local municipalities which are fair and equitable; and • Report on these options to both Niagara Regional Council and the Town Council of Niagara-on-the-Lake by the end of 2014. AND FUTHER that a copy of this resolution be forwarded to the Hon. Kathleen Wynne, Premier of Ontario; Hon. Linda Jeffrey, Minister of Municipal Affairs and Housing; Hon. Madeleine Meilleur, Minister of Community Safety and Correctional Services; MPP Tim Hudak, PC Leader; MPP Andrea Horwath, NDP Leader; and Gary Burroughs, Chair and Members of Regional Niagara Council. �'", /Cake raw Dean lorfida From: CEnns @notl.org Sent: Monday, February 03, 2014 1:40 PM To: Dean Iorfida Subject: RE: Council Delegation Request Hi Dean, A conflict has come up for Councillor Collard with the February 25 date. Could we move his delegation to your April 8 Council meeting? Carrie Enns Executive Assistant to Lord Mayor & CAO Town of Niagara-on-the-Lake Tel: 905-468-3061, ext. 221 I Fax: 905-468-2959 cenns @notl.org www.notl.org Dean Iorfida <diorfidaCaniagarafalls,ca> wrote: To: "CEnns @notl.org"' <CEnns @notl.org> From: Dean Iorfida <diorfida @niagarafalls.ca> Date: 01/28/2014 04:35PM Subject: RE: Council Delegation Request Sorry about that, Carrie...and thanks for the context on the request. The email(s) will suffice. I will formally confirm between Feb. 12th and 14`". Thanks Dean Dean lorfida, City Clerk Niagara Falls 905-356-7521, ext. 4271 905-356-9083 (Fax) From: CEnns @notl.org [mailto:CEnns @notl.org] Sent: Tuesday, January 28, 2014 4:11 PM To: Dean Iorfida Subject: Re: Council Delegation Request Hi Dean, Further to my previous e-mail, would it be possible for Councillor Jim Collard to be added to your February 25 Council meeting? Below is the overview of what Councillor Collard would like to speak about. Please advise if you have a delegation form you would like us to submit. Thank you. 'The Council of the Corporation of the Town of Niagara-on-the-Lake passed a motion on January 20, 2014, calling for a full review by Niagara Region of how police services are funded. We want to end the use of property assessment to determine what municipalities pay for police services. It is unfair and puts an unrealistic burden on local ratepayers in half of the municipalities in this region. Your municipality is among them, and I wish to address this matter with your Council.' Carrie Enns Executive Assistant to Lord Mayor& CAO Town of Niagara-on-the-Lake 1593 Four Mile Creek Road P.O. Box 100, Virgil, Ontario LOS 1TO 905-468-3061 ext. 221 Fax: 905-468-2959 Nia drd From. Carrie Enns/TownOfNiagara/CA To diorfida©niagarafalls ca Date. 2014-01-24 04:11 PM Subject: Council Delegation Request Hi Dean, Councillor Jim Collard from our Town Council would like to make a delegation at your February 25 Council meeting regarding policing matters. Do you have a request form we should fill out? I couldn't find one on your website. Thank you. 2 Smoke -free Outdoor Spaces Regional By -law 112 -2013 Maria Brigantino, Manager Chronic Disease and Injury Prevention Niagara Region Public Health Gillian Chappell, Health Promoter Chronic Disease and Injury Prevention Niagara Region Public Health Niagara Region By -law 112 -2013 • Regional By -law 112 -2013, "A Regional By- law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second - Hand Smoke" • Purpose- protect children, residents and visitors from second -hand smoke, provide positive role modeling for children and support quit attempts • Municipal consultation and collaboration was integral to shaping the by -law Niagarafl Region Overview of Regional By -law 112 -2013 Based on feedback from municipal councils the by -law is as follows: • Municipal and regional properties are smoke -free • The by -law excludes roads, sidewalks, right -of -ways, parking lots, beaches, trails and residential dwellings owned, operated or subsidized by Niagara Regional Housing • 9 metre provision from any entrance or exit from a municipal or regional building NiagarairS Region Municipal Engagement • On -going communication and feedback • Municipal staff participated in a creative brainstorm session to inform communications strategy • Engagement with municipal by -law officers • Working group has been established to provide a platform to discuss, identify and address issues related to communications, implementation and enforcement NiagaraeS Region Communications Campaign • Campaign launch- May 22, 2014 • Communications campaign to be tailored for each area municipality • Highlight local champions and youth • Team of students and volunteers will have a strong presence in the community to promote and educate i 9 free outdoor spaces! Why "I r Smoke -Free Outdoor Spaces" • Positive, clear and friendly messaging • Encourages community members to get engaged /start a conversation • Community leaders can be the "face" of the campaign • Friendly way to socially enforce /influence change • Campaign has worked well in other communities ifree smoke outdoor spaces! NiagaraeS Region Implementation and Enforcement • The Tobacco Control Program will be primarily responsible for enforcing the Regional by -law • Municipal by -law officers have the authority to enforce • Enforcement will be based on an educate, warn and enforce model • First year of implementation will focus on education • Set fine is $250 with applicable court fees, total payable fine is $305 Education and Enforcement 11 WARNING his illegal to smoke tobacco upon or mthin an outdoor public place on municipal el regional property. 210I1111I Munlnparny, prevwe Location of oh Pose: Did comma the offence or: Id J - J.. r Contrary to. BY -LAW NO. 112 -2013 Any VHS✓n who contravenes a p.celswn ortitis by-layr Is Aunt, of an oitence and upon ca amen, irritants to • set fine of 525000 local payadv of 0305 in). ring rter.e lthe Ars_ int in. a..,,vOY -0tio co I ash- ,.,a:.1 •- cro, • Interested In Witting Imokmg1 Contact >reaty, llesnne at I e r - - tiller aIeeegln.t tic .+ V :e n.. Il,n:t,l www.nlayarareylow( aiheal th smoherchelpline cans.. no oar smMerYlelpane ,77 sin-5101 This is a smoke -free property Negwrul Muoiclpabry of Niagara By-Law I t 2 -2013 Niagara / f Region Niagarata Region Next Steps • Continued consultation and engagement with municipalities • Launch of public awareness campaign May 22, 2014 • Outreach team will be out in the community promoting the by- law • First year will focus on education, warnings may be issued • Monitor and evaluate areas of non - compliance Niagara fl Region Contact Information General Inquiries Tobacco Control Program Tobacco Hotline Gillian Chappell 905 - 688 -8248, ext. 7393 Health Promoter 1- 888 - 505 -6074, ext. 7393 Chronic Disease and Injury Prevention Public Health Niagara Region Phone: 905 - 688 -8248, ext. 7370 C;Ili,ari :b jppeli;il?niaci irnur,clirnii ., Maria Brigantino Manager Chronic Disease and Injury Prevention Public Health Niagara Region Phone: 905 - 688 -8248, ext. 7233 Niagara Region Thank you Niagara Region CD-2014-01 Niagara,Fa/is 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 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 1 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 tine of up to Five Thousand Dollars (55,000.00) 4. General 4.1 Each provision of this by-law is independent of all other provisions. and if any provision is declared im alid 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 relic%es a person from complying with any provision or"any federal or provincial law or regulation, other by-law, or any requirement of any lawful permit.order or license. 4 3 [he short title of this by-law is the Anti-Sntoking 8,r-(au. 4.4 This by-law shall come into force and effect on the day it is passed_ Original Bylaw 2011-511 Passed this eighteenth day of -April. 2011 DEAN IORFID:A, CITY CLERK LAMES M. DIODATI, MAYOR First Reading: April 18. 2011. Second Reading: April l8, 2011 Third Reading: April 18. 2011. al I f j !ri i 1 il 11:,± ;11 i , j 41 g. I , -., “ irlii 11.1 /itiakia , L -: t 3 r it i 1 i r ; .4 .-., IIIL It III Ili i}' I h , ,. .. i I; r. 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The City of Niagara Falls, Ontario Resolution January 28, 2014 No. 2 Moved by Councillor Pietrangelo Seconded by Councillor Kerrio 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 of N iagara 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. Carried Unanimously AND The Seal of the Corporation be hereto affixed. C el 9?lb JAMES M. DIODATI CF A MAYOR CITY TY CLERK CLELERK CD-2014-05 Niagarafalls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-05 Adult Entertainment Hearing, March 25 RECOMMENDATION That based on the recommendation of the Adult Entertainment Appeals Committee, as per section 25(1) of the Live Adult Businesses By-law, the appellants receive a six-month probationary licence. EXECUTIVE SUMMARY Any revocation, suspension or refusal of a business licence allows for an appeal process. Under the City's Live Adult Businesses By-law, a committee of Council has the authority to hear appeals and make recommendations to Council. Two appeals were heard on March 25, 2014 at City Hall. The appeals were as a result of the revocation (Revocation hearing) of a licence of two entertainers who had recently been charged under the Criminal Code out of the same incident. Revocations of licences automatically lead to a hearing before the committee. The hearing followed the provisions of the Live Adult Businesses By-law (2002-197, as amended). Upon conclusion of the evidence, the committee made a decision and their recommendation is contained in the recommendation report for Council's approval. BACKGROUND City By-law 2002-197 (the "By-law"), is a by-law that provides for the licensing, regulating, governing, classifying and inspecting of body-rub parlours and a certain class of adult entertainment parlours. The City has an agreement with the Regional Municipality of Niagara Police Services Board delegating the administration, inspection, enforcement, licensing and regulating of adult entertainment parlours. The City maintains the administration, inspection, enforcement, licensing and regulating of body rub parlours. Under By-law 2002-197, the Issuer of Licence may revoke a licence if the continuing to hold a licence would infringe the rights or endanger the safety of one or more members of the public, as per section 19(2) of the by-law. An existing licensee, who has their licence revoked, automatically receives a hearing before the committee of Council. Upon conclusion of a hearing before the Committee, a written report shall, as soon as practical, be presented to Council. April 8, 2014 -2 - CD-2014-05 This report is a result of appeals heard on March 25, 2014 at 3:30 p.m. in Committee Room #1, City Hall arising out of the revocation of two (2) adult entertainers' licenses by the Issuer of Licences from the Police Services Board. Notice of the hearing was posted on the Committee section of the City's website. ANALYSIS/RATIONALE Revocation Hearing The Issuer of Licences from the Police Services Board issued a recommendation to revoke the licence of two adult entertainers, who had been charged based on an incident arising with a cab driver. Both entertainers had previously held adult entertainer licences, without incident, and neither had previous criminal convictions. Counsel for the Police Services recommended that instead of revocation that the entertainers be granted probationary licences for six (6) months on the understanding that if a conviction occurs based on the charges or other breaches occur, the licences will be revoked by the Issuer of Licences, and a future hearing of the committee will be called. The entertainers attended the hearing and were agreeable to the terms. One of the entertainers is a single parent, supporting a child. Section 25(1) of the Live Adult Businesses By-law, as amended, allows for the issuance of probationary licences, with conditions. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The hearing and recommendation report are in compliance with the provisions of the City's Live Adult Businesses By-law (2002-197, as amended). �) � ; --Recommended by: L Dean lorfida, City CI¢rk Respectfully submitted: )4-41-413 Ken Todd, Chief Administrative Officer DI CAO-2014-01 Niagarra�alls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Chief Administrative Office SUBJECT: CAO-2014-01 City of Niagara Falls Communications Plan RECOMMENDATION It is recommended that the City of Niagara Falls Communications Plan be adopted by Council. EXECUTIVE SUMMARY Niagara Falls City Council's 2011 — 2014 Strategic Priorities identified a commitment to provide excellent customer service to our community. The City's success in this priority area is highly dependent upon creating a culture of integrated communication within the organization and with the community, and ensuring there is clear, consistent communication that involves the Mayor, Council and staff. Council requested that staff report back on the possibility of a communications piece/newsletter. During the course of this Council term, staff has made substantial enhancements to the City's website and its content, and has commenced improvements to our communications efforts in a number of areas. However, during the process it has become apparent that only through developing and implementing a plan for corporate communications, and committing the appropriate resources to the effort, will the City be able to produce regular news pieces like a newsletter, enhance our approach to managing issues, to be bold about sharing good news about the City, its people and programs, and to engage in two-way communications with the community. Appendix A provides an overview of key communication goals and strategies for implementing a full City of Niagara Falls Communications Plan. A copy of the full communications plan has been distributed in the Council agenda package. Staffing resources needed to implement the Communications Plan will be fulfilled within the existing complement. April 8, 2014 CAO-2014-01 BACKGROUND Our Current State The City of Niagara Falls currently manages the corporate communications function using a distributed approach that places responsibility for budgeting, and implementation of, communications activities directly in the hands of each department. Communications are carried out using a number of traditional channels with varied degrees of success. There is no formal communication plan in place for the City. The independence that accompanies this approach can cause discrepancies across the organization including: • inconsistent procedures • independent, and consequently more expensive, print advertising buys • department-focused messaging that emphasizes promotion of specific departments, programs and services but underemphasizes strategic priorities and key corporate messages. • absence of corporately applied best practices in organizational communications and public engagement. The City faces complex issues in a climate of diminishing resources alongside increased public expectations to be proactive in our communications practices. There is opportunity to build on existing practices, as well as to create new approaches, to better meet stakeholder communication needs. The City has an abundance of information and positive news to share with the community, however it takes the right tools, the appropriate skill set and dedicated time to develop and communicate messages clearly and with the desired impact. Moving towards a Corporate Communications Culture The Communications Plan establishes the City of Niagara Falls' coordinated and centralized approach to corporate communications involving the Mayor, Council and staff, emphasizing an organizational culture that values two way communications in how it listens to citizens, provides information and plans projects. Effective two-way communication benefits citizens and helps the City meet strategic priorities by: • Encouraging informed participation. Citizens can more effectively express their needs and work cooperatively with the City when they know the facts about City plans and actions. Communication from the City can start a dialogue and encourage citizen involvement. April 8, 2014 CAO-2014-01 • Building community pride and satisfaction. The more citizens learn about City services, they better they understand how their tax dollars are used and the better they feel about their government. Educating citizens about City services and successes helps develop a positive reputation for the City and helps build pride in the community. • Encouraging growth, attracting good employees, and improving service. A good reputation can also draw people to the community, encourage business development and attract capable employees who will ultimately strengthen City services. • Achieving a more informed and engaged workforce. The desired outcome is a workforce that understands the City's mission and vision, exemplifies the Corporate Values, and actively communicates key strategic messages. Keeping staff informed also builds morale and heads off misinformation. The Plan recognizes emerging trends and introduces new ways to connect with residents and employees that generate dialogue, mutual understanding and genuine confidence. CITY OF NIAGARA FALLS STRATEGIC COMMITMENT Under the Council's 2011 — 2014 Strategic Priorities - Customer Service Excellence priority, it states that the following goals will be addressed: Staff and Community Engagement • Creating a plan for both internal and external communications. • Developing an effective model for civic engagement that leads to more open, transparent, and inclusive municipal government. • Re-launching a more engaging City of Niagara Falls website complemented by other social media communication tools. The Communications Plan addresses each of the above noted goals under Council's 2011 — 2014 Strategic Priorities. The success of the Plan depends on: staff understanding how their roles — individually and collectively — impact the City in communicating its message; and having the appropriate staff resources in place to coordinate the expanded communications functions described in the Plan effectively and efficiently. FINANCIAL IMPLICATIONS A Centralized, Strategic Approach to Communications The City of Niagara Falls currently spends approximately $263,000 per year on various forms of print advertising, a majority of which is spent on newspaper ads in the local April 8, 2014 CAO-2014-01 media. In order to better manage and control these costs, a centralized, strategic approach to communications spending is required. The first steps in the plan centralize communications under Corporate Administration, call for the establishment of a Communications Staff position, and institute an internal communications team made up of existing key contacts within the various municipal departments. The Communications Support Staff position will be created within the existing approved complement. Some additional graphic design assistance and software will also be required. It is anticipated that savings realized through reduced print advertising costs will be sufficient to cover these expenses. Conclusion Communication with citizens is a sound investment of City of Niagara Falls resources and deserves a place amongst the City's primary functions. The City should not rely on anyone else to tell our story — we should — continuously, comprehensively and enthusiastically. LIST OF ATTACHMENTS: Appendix A - City of Niagara Falls Communications Plan Summary Appendix B - Sample Communications Pieces Respectfully submitted: I 4,21141\11, Ken Todd, Chief Administrative Officer Submitted by: Dale Morton,Manager of Strategic and Corporate Initiatives Appendix A 'qty at Niagara Falls Communications Plan Summary* Coai Objective Strategy Recognize corrimunications between Council, Develop a centralized approach to • establish an organs /aeon ai icucnire staff and the community as a core City communications and responsibilities that support the function communications function • Deterrnine annual Council and departmental communications priorities Build better understanding of the organization's communications function Enhance internal communications Ensure that employees are well informed about City programs, issues and initiatives improve the City's ability to effectively communicate with and engage the public Increase and improve use of social media to inform , and communicate with, residents and other stakeholders • Facilitate a cultural shift about the role of corporate communications and clarify departmental and individual responsibilities in the City's communications efforts • Deterrnine the best strategies to keep employees informed • Make information about Council's Strategic Priorities, decisions and corporate initiatives more accessible to staff • Improve employee knowledge of departmental functions and responsibilities across the corporation • Increase opportunities for employees at satellite locations to feel connected • Actively manage corporate facebook and Twitter accounts through dedicated communications staff • Use business oriented social networking tools in on line recruitment efforts and to facilitate business developrno-'ntt relationships Provide consistent, reliable City news and • Enhance and expand the range and information in an efficient and effective use of on line tools for information manner. sharing • Update the City's current traditional methods of communication • Develop a more effective plan for advertising in local media • Provide local media with timely and accurate information Develop a consistent approach to how we • Develop a Public Engagement Strategy engage the public to guide the public consultation process • Make City information more accessible • increase awareness and understanding of Council's strategy, corporate commitments and accomplishments • Provide front -line staff with information and updates on topics of public interest to capitalize on engagement opportunities Improve the City's ability to anticipate and Identify potential issues early and respond in a • Anticipate potential public relations respond to issues timely manner challenges before they become problems • Be prepared to communicate during expected re- occurring events *Detailed actions to implement the Corporate Communications Plan's Goals and Strategies are included in the full plan , available upon request. APPENDIX B h >k CITY OF NIAGARA FALLS COMMUNICATIONS PLAN SAMPLE COMMUNICATIONS PIECES* APRIL 8, 2014 *These sample communications pieces are intended to provide City Council with a general idea of the intent and range of information that could be included in each piece. The information contained in these sample communications is for presentation purposes only and may not be entirely accurate. It is not suggested that this content would be used in the actual communications piece.There also may be changes to the templates for the pieces. Monthly E-News Letter —subscription based ,.,.. ask L.a.rt:111.,4`-Y'' MARCH 7014 " E-NEWS MONTHLY ,■ NIAGARA FALLS • .--.14; * TxtACSi,r is att.R ,t4`YtM ...411,1V4.,, .5 it t +, ss9s` i, ' a, r Y. r l a +_ it,'i at* x s ,Vgakje �,r r 4ro:. - p Staring Slav I J ur.:ate bill ill be issued Be Ni gar.a am of `S 'n"^ 1 Falls Yteare-Sng make the billing han.itmo from Niagara hove The�lodl'��oppr Peninsula Energy po HIPEI.to the City as seamless as ts,pie a ne iar o Argil t 7 I easy tor all_astemeis So here are s.a limcosh uld knot. t st of x[711=_fiiagara Fall Billing will take place or-monthly:nth a different due late HSM 'rueurn ® You rill lees,to reapPF for Steauth iced P;meaL PAP! amens using n me banking dull need t o unease their account number SPLSCE and pa a WRh their Financial institution 11 "."�lt JAIL, a d l l 05-a 5 i 6m-G%vSm r i Est K M H . w ++y aiap,?raleLSOe , � .. `�i . . 1 C Ii 3 r31a V c ,M Haee cur as,' usic.art dance.theatre r�n,b For more information click bard � s test als&eu cos hemag these a the m cg; that make our community a :ante el and ap.que place to live. ..lean l Help us polflLd pICILIe t JI"c 1 a E a dl$at 'our Culture Plan Open House' .9 _ When Thursday March o 2014 from to pm �r A 4.: Where Hacg in Community Centre.N kip N eO/E r upstairs, k — "�� 5 loon e[Cad Niagara oil CI / i 1 C to[epared to prrode v Jur inner and isin in the consersahon ht are He doing Hell in Niagara falls vha uld 140 1323 32 see happen in Niag a Falls D uua e any creel e ideas eco ntinue our dint a 'brain community in Niagara Fallss The City's Community Clean Sweep Day is back on Saturday.May 3.for H another successful year For sr:re informatrn crick is, - - Lai" priti i-k po P1". ei4 .a The e p Wings Falls s eappi to off en night pa re ntr Tempt ere L-1 Hr),it. Jr tee pa fFa nave t sot need Park onNe street ne f t hts All e es s that oeid 4-cur advanced to be caling r ,also that r Sera¢ t 00 3'6 '5 1 i>t ,.cr extension 1990-:hh y ur address and license plate number For mole infoimatioe Click nr.rt a Ef(ec[ne lanuar/ Calling all c311 cc,ksi Na dre counting on your th keep 5th.2014 new Niagara Falls Transit Oar severs unclogged pith the leftovers from pour routes have been provided to better cooking. Soaring fat Sir jr grease iFOGi deem your serve Inc needs of city residents. drain leads th seder blockages and hack-ups. For more information click Hera Also.flushing these substances down your toilets causes the same preblem. ® a' p y; f Niagara/W E-News Update —for time sensitive updates to be delivered to subscribers E - NEWS NIAGARA FALLS CIT,Y'.OF NIAOARK FALLS 4310 QUEEN STREET NIAGARA CALLS 1.2E 6XS Niagara Falls It was important to Niagara Falls City Council that the residents of Niagara Falls Niatiaraira saw no increase in their 2014 property taxes.With direction to staff to maintain City Council service levels and after some challenging decisions.City Council is happy to announce that taxes will remain the same for 2014. Mayor Diodati was pleased with the outcome Approves and recognized that"staff worked diligently to ensure their departmental budgets were tightened so core service delivery would remain the same.but the residents of Niagara Falls would not have 20 14 to face an increase in their property taxes:' In addition.municipal debt is projected to be reduced Operating 2014. ,.1 with It was a team effort on behalf of staff and members of council with the best interest of the Budget with residents of Niagara Falls at the forefront. Council's commitment to service excellence remains No Increase strong and there is confidence that with the 2014 budget,both the City can operate to serve the residents efficiently,and the residents in turn get a tax break, It's a win-win situation for everyone! to City 30 Portion Dale Morton.Manager of Strategic and Corporate Initiatives 905-356-7521 ext.4215 of Property dmorton @niagarafalls.ca Taxes! Click here to view this article on our website. Click here to see our other news releases. Unsubscribe from this notification. wwwniagaralails ca ' E-News Alert —for delivery of urgent information to subscribers MI ......3, jirc,,---- - 0 E - NEWS NIAGARA FALLS CITY OF NIAGARA FALLS 4310 QUEEN STREET NIAGARA-FALLS L2E 6X5 ExtreExtreme 5�* With temperatures expected to drop below-15 C, an Extreme Cold Weather me Niagarapall.v Alert has been called by Niagara Region Public Health. For more information Cold Weather on when an Extreme Cold Weather Alert is issued or for more precautions,visit niagararegion.ca/health. Alert Issued The following City of Niagara Falls facilities are open for the public to access as warming centres: for Niagara • Gale Centre.4171 Fourth Avenue Ram-11 pm b MacBain Community Centre,7150 Montrose Road 8 am- 10 pm Region • Coronation Centre.5925 Summer Street 9 am-6 pm • Niagara Falls Public Library-Victoria Avenue Branch, 9 am-9 pm For more information on staying safe and warm during an extreme cold alert,you can also visit the Environment Canada website at www.ec.gc.ca. Niip n Prey, m lli` .I 0 i➢'dil r 1 8!.rc iu.S frpr. With the recent winter weather and the accumulation of snow,maintaining home safety involves additional outdoor maintenance tasks.Keep snow and ice clear from the gas meter and exhaust vents.This will allow a consistent flow of natural gas to the appliances,lower the risk of natural gas build-up in your home and ensure proper venting of your appliances. Please follow these tips: • USE a broom or a car brush to remove snow from your exhaust vents and gas meter • AVOID damaging your vents or meter with a shovel,plow or a snow blower. • NEVER kick your vents,meter or piping to clear snow or ice build-up. If there is a fire hydrant near your home,please make sure the hydrant is clear and accessible in case there is an emergency. -30- Dale Morton,Manager of Strategic and Corporate Initiatives 905-356-7521 ext.4215 dmorton@niagarafalls.ca Click here to view this article on our website. Click here to see our other news releases. Unsubschbe from this notification. www.niagarafalls.ca Weekly Print News Advertisement t February 20-27, 2014 CI WEEKLY COMMUNITY v NIAGARA FALLS lifntraffikligials 4310 cailtEhrilitEttitAptaARA, City Hatitteitingc NOTICE OF INTENT TO DESIGNATE il, 4,011,, a i ow ii Li. Nig' dt it H,111 'i ni I.- i^FJ .tThc ONTARIO HERITAGE ACT.R.S.O.1990 r.,1,104i ti, in, , ir 115,, NI nth f ngin333 nit,.30.If Sill lif Mi i nun Int.nu ill .ii flight( `f igritir 1-'1 a -.1 it -,31p0,,,„magjarans ea i if f 14- Ontario Park Improvements 430 - ir,I, - ;if - p t 33, 0, - I I the r r -ft f fr, ../ i fly II in-. d! rt.th,d It rt P biJnii- :it fv- ,4404 4328 Dorchester Road im?on ovo 1007 4,.. r*.,-ii cidisbansit _--- ,, ' :, - ithewebasl ffif igar,i F ill, Fannon NI irk I el=/\• Ca' I vor Mettle new ' 4 mo-s—Errms - _ 1 chingavalokeyose 1, , ii - Effective January 5th, 20 14 f fripi, fir ril fign,rniffili 3 1 new mutes have been paid , ed, Witch will better serve the - - - transportation needs of rest ' i 1 r r dents travelling to school won. rF.F , F appointments,and visiting with Eir I I*I*F* FFFFItF*..SIFFrFNIF.F IFFIFFIFFN . i 1 , , friends and family ssf&y,nisprifilts(i To review these new services, :F i 1 i I view the new 20 14 Rider's n - Guide which snows the new mutes and theirschedules how , t 4 4 ,-,- ,•-"),,,r i- • 74„.m . ,. ,./^le tu boan1 the WEGO Red Line 3111.si n1). ,r, keftlitS'aintv%s: transfer procedures and new a.6400141131i1Apv frit interlining system F r, rvtirlifK4fraturitturedtbt k fiaMildwite444parem a, Visit wmutiaguatalste for -cm win magarmaps cat all the latest in transit changes FOR UP TO DATE INFORMATION PLEASE CALL 905.256-7521, OR VISIT ---cr.- Niagara/tills Seasonal Hardcopy Newsletter Page 1 SPRING 2014 QUARTERLY NIAGARA FALLS I k 1 , , Uunng MY rough Nader had m $'a'y 4;Ni �r - • rime'mm rsa.m dliagara Falls our roads l ,k same sennus amuse Onv the sn l melts a;:a are left ',vlth For general Inquires during normal hours; phis In ale man Ihal seer',to gr I,v as dole passes.Potholes r ' !t nap eiday $3Oan 4SUpm Imll pl1PII' arer PlitPs moor tars in me road expands and City Had -.-_ .905315.'521 then Freezes the problem Inn when the holes ml wllh spring rain a add gie mad r nunmg,ath Mother FUture.but Your call+:III be easily directed to the et In t ha,'e non h lu;k.We do ha,P Sr Ime gone neas thought department you are looking to reach. me Crty of Niagara laps is able to patch the pmlhols oil the road Whdde!:r ■tees are on the Alter hour emergencies_995.355 1355 keno it ter the holes and fill then)when the curve across then restlenis are also able to let MY City knew ah re these potholes are locale I Suepl;go d,the Cit s setsii nuagara falls. Yon can also reach our COO.Ken Todd: ca and sear h rend, You,.ill luul a us r friendly pothole rep Irtnng form lhal A Ill be sent e-mail TalktotheCAOPn iaga rata lls.ca straight to our Seryace Centre Fur action.You can also call 905 35b 1355h'repora pot hod- or call.__ __._905.356.7521,Fxr 5101 alai* vnl for your participation In F:eepmg ourratuable streets pomntedes! 1 love to take(tour romphments and Thursdays free After Spmi ' am ready to hear your complaints) a.mrw� r $Utnn'teF Tri��lUlrt negarntallshisto- Recognition Program `c;y MUSEUMS 7mureum.m . V °F...-;,;,:),E-2 TAX INSTALLMENTS Street Sweep Fig Cooper a?icn is a Two Nay Street Wednesday,April 30th . mere are a fe,; Monday,June 30th P:I '9/. Moulin tour twins to crake Pa':9n Fits an L' ',Ind al 'r'ii au rl lo Niagara it ea<der III NW - laps co.nil In piked of Pk tr n pa c Fits ran x II e- street t s r-pon s- e FIFA thr uj l`I Fir I1nann,tat llblilal ll r i _ y ,.al arsdnge Ile Aug-ion/P(1 PAytnenls mmHg), the n•Ighbuunio ul I all Be a.an f(Iplffrt,S1 t I- r IA I Nudger I atS[maw,Fripadh,ell 11'mlkig (Hit,al str P1 s„eepnlg sch,Ntle and tr/to ^ ' get '1',6 t52 I Lxt 4309- keep the cars Illlutnd on the streets Ihse clays.In fail Mars 1i l sail pug is srhed 1114g1 dining rk Is day hours h1 n finer care ik Volunteer for the v In the nelghb furl was.I I Is delft pre Canada Day Parade) garden:;aS1' ,r bunk:Hems In ,ruse b, � the street on s h,dillal ,sweeping days As . r 1 ,.ro>,,< The City is looking for Canada Day Parade a A• Intlnlan t Fig as hey., tk. ur de his sheep » x '`+n A,_ lbluntaers.If you are interested In signing up, rs tali[eat pm d 1�a1es Fir debris Lrcing �� ,�''<R{ +'a you can And the application tort oNtne al mein to skip that sertiun of sir +t.to pled the og '{ - 47, niagarafalls.ca or callny Rocreaton&Culture sire [saYpieng schedule for vnnr natghbnur ,,,xul "fig ikar )”+A 'S at 906-356-7521.5x1.3332. ht u d,rsr ulagaralalls.ca. -..- Get City News delivered to your inbox. Sign up at Seasonal Hardcopy Newsletter Page 2 2011 - 2014 MAYOR & MEMBERS OF COUNCIL March 19 Jim Diodati - r 2222 + a rte. N13'/or Lou Dlotlatl.presiding with nri 0 10:r f 4'2E' 905-356-75217'4201 rat°Council Members March 29 r -. n s' trip wlabKmagarafalls.ca Tues.March 25.2014 5:00 pm Carolyn(' loannoni Tues.ApriIQ2014 5:00 pm Aprils . a.. -> Tues.May 13,2014 5:00 pm 905358 3063 Tues.May 27,2014 5:00 pm Apn110&24- -, la,,r: m- Iomnrmynla,garafalls.r.a Tues June 10,2014 5:00 pm ,'`Mu-eorl el `227.5' r., :7 Coy Council meetings are open to the Vince Nerno Apn116 22-• ApA22 -y-Ir public, available on the CityS websrte Apn115 or ar -,ar niagara falls.ca for online!dewing and are 905 358 4n96 •m err- fl,r ifr • ykormAtniagarafalls ra lelaised on C0GEC0 Cable 10.For most Apdi 28- 1,••• am,m P, I up to date agenda and materials call Bari Mai 005-3-56 7521 F# 427 _ r c 905-358-8059 '- 'Y ..4 `m s as° Mayt fi . banmaves4nlagarafalls..a 5y -s x to al Igc, Sit ito, FFF r not 'al' _•0a Joyce Morocco ^=T Wayne Thomson ,p ;;,..r...n 4 Fc 905-374-5118 May2 4 a•,. J05-3511,57 Ioiernorxcokimgamfats Ca • wihornsmt9nmgarafalis ca i nwr+r r di!M15w o I ,h- 111-0414Irr mac Info Victor Pietrangelo Janice Wing 0Ze a;tilt, x r wrw.nhagarafallsp n 905 353-1808 905-371 0434 >mri r e•r pan_We L fi r r_+- Mretrangelou?nlagarafalls.ca • Iwrngfmlaga ratalKra 5_..r May 8&22- di iiiagiir i F. ,-. W Blue is the new Gr' aThirsty?O/mo for the Blue W i,,.: n r 211.5.' c7 FE' Get clean.safe and fresh dnnkrng water FREE at Irzal estabibhm tes,just muds•May 21-..• - .- ,116 o - your own bottle.took for blue'W on business windows to till your bottle for fie. s"uerr 4r In iiaija ,II Hloor, ,- To find participating locations and more Ihformanon writ www,9Y aetg..business v -m.'poi )0`.. .`..s ... r7°,_' owners can participateIn tieflEe program by contactmg lames Sticcaot the Munici- May29 di ,-, ai, pal Service Centre at 906356.1355 orBBop@dyraalkp 71 t o'M'o-a All 2r 155 r/ or i,t MaylO-luuel- . - ▪ w, •own:J.a;J ran a rill" a Orofs io• The season of fast growing weeds and Bass is upon us! The City of Niagara Falls wants all spnngicrcas co rrf nor-il fed Tr,FE, properly owners and residents to km CA'that under the'Weed Control Act you are regmrerl to Julie 1- ar tr., II lI Hi:-' destroy all noxious weeds cowing on tour property We are counting on)roll to{3011119y with pie •I J ,_n h,in 11_,In n,I FGEi, Act.so'A,0 Can Star:,xn of 111 If weeds are not destroyed(hr,upflout the season under the Art. the Nluniapality can conic on to your property and destroy the weeds for 7011-Sound great lune 5&19 -al it 12 it.,-arc Not so fast-you will be responsible for the cost of the service.plus an administration fee if we ✓ r r,r,I[},IJ l JP ;,.ff, a I P.E: don't see your timely pawn wit the amount can be added onto your law As tar as the tall grass. lune6•8- r or tai am �,,. that needs to be kept at a length of 200m or less-Same rule -,oca :all ,ms I / applies about us coning In and doing the dirty work Julyi - . . --- ;r I1n der By-law 200741.we will be charging the costs r r nHrr 51 II pr II,i:ml .f""' / •I back to no if'we need to come in and do the ,_ ,'tcr n r CEP ( � �a Mrinnning.Also under the By lay,.owners.ten '; O''y 1 ants and property occupants are required to n 2 o'ress naPrren ir-,rornr a1aracdil • „J 4 +4•. maintaintheirlandmadearandcleancondi n.r4,al:iA r r Gt.], r,magarafallsca I non. Let's all do our part In keeping our Cat - beautiful throughout he warn icr seasi ins. Get City News delivered to your inbox. Sign up at BDD-2014-01 Niagaraaalls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD-2014-01 Association of Municipalities of Ontario Request for Proposal to Host Annual General Meeting, Conference, and Trade Show Events RECOMMENDATION: That a resolution be submitted to the Association of Municipalities of Ontario (AMO) in response to their Request for Proposals for the selection of a host municipality for their 2018, 2019, and 2020 Annual General Meeting, Conference and Trade Show indicating that the City of Niagara Falls is willing and able to host these events. EXECUTIVE SUMMARY: The City of Niagara Falls has been invited to submit a proposal to host up to three of AMO's upcoming Annual General Meeting, Conference and Trade Show events in 2018, 2019, and 2020. A resolution from Council is required to provide assurance to AMO that the City of Niagara Falls will be responsible for the specific activities and expenses. The resolution is to be included in the bid document which is due April 30, 2014. For each year that the City of Niagara Falls is selected to host the event, a maximum contribution of up to $80,000 per year would be required. Niagara Falls was selected and will be host of the 2015 AMO conference in Niagara Falls from August 16-19, 2015. BACKGROUND: Each year in August, AMO holds its Annual General Meeting and Conference. The event is Ontario's largest municipal conference attracting approximately 2,200 attendees over the course of four days. This includes 1,800 delegates, almost 100 companions, and 142 exhibit booths with representatives from the private sector and government departments. Attendance at the conference has been steadily increasing. The conference features close to 50 plenary sessions and workshops, a trade show and more than 75 speakers that address public priorities, municipal management and the delivery of government programs and services. Ontario's Premier, both opposition leaders, and most of Ontario's Cabinet and Federal Ministers attend the event. Selection of the host location(s) for the 2018, 2019 and 2020 conference events will be conducted by an AMO review panel. The panel's recommendation could be that one location would be selected for all of the years; two of the years; or a different location April 8, 2014 -2 - BDD-2014-01 could be selected for each year. ANALYSIS/RATIONALE: The selection of Niagara Falls to host the AMO Annual General Meeting, Conference and Trade Show would have a positive impact on the Scotiabank Convention Centre and local hotels, restaurants and businesses. A minimum of 2,200 guest rooms per night for three nights would be required to accommodate conference attendees. In addition, the conference affords the municipality and region the opportunity to discuss local priorities with senior provincial and federal government elected officials and staff. The City of Niagara Falls, as host municipality would be responsible for: • Hosting and financing the Welcome Reception • Hosting reception held at the conference prior to the year the conference is hosted by Niagara Falls • Providing volunteers • Providing study tours and companion programs • Mayor's greetings to delegates • Transportation between hotel and Scotiabank Convention Centre if required. FINANCIAL/LEGAL/STAFFING IMPLICATIONS: For each year the City of Niagara Falls is selected to host the event, a contribution of up to $80,000 will be required to address the above noted expenses. Niagara Falls Tourism would contribute$20,000 from the RTO's Convention Fund and $60,000 would come from the City of Niagara Falls. The City does have the ability to obtain sponsors to help offset its portion of the cost of the conference. CITY'S STRATEGIC COMMITMENT: Submitting a proposal for the upcoming AMO Annual General Meeting, Conference and Trade Show events meets the intent of actively pursuing economic development opportunities. Recommended by: // iL41tAC //,, ' Serge Felicetti, Director of Business Development Respectfully submitted: iLf4ljj Ken Todd, Chief Administrative Officer �� F-2014-15 Niagara g1fls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-15 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $27,925,864.17 for the period February 27, 2014 to March19, 2014. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Todd Harridd Directo of Finance Respectfully submitted: Ken To d, Chief Administrative Officer Page 1 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 101 DELIVERY 371829 13-Mar-2014 SERVICES 146.90 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATING 371682 05-Mar-2014 MATERIALS 1.119.06 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATING 371990 19-Mar-2014 MATERIALS 447.75 2095527 ONTARIO LTD 371683 05-Mar-2014 ANTENNA LICENSE AGREEMENT 1,130.00 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 371830 13-Mar-2014 CONTRACT SERVICES 8,798.92 2156914 ONTARIO INC 0/A IDEAL PLUMBING&HEATING 371991 19-Mar-2014 CONTRACT SERVICES 3,900.00 A J STONE COMPANY LTD 371690 05-Mar-2014 MATERIALS 2.019.68 A J STONE COMPANY LTD 371998 19-Mar-2014 MATERIALS 809.30 ACCU LOCK AND SECURITY 371684 05-Mar-2014 MATERIALS 928.64 ACCU LOCK AND SECURITY 371992 19-Mar-2014 MATERIALS 811.06 ACCUTRAC CAPITAL ITC INC 371685 05-Mar-2014 SERVICES 61.02 ACCUTRAC CAPITAL ITC INC 371831 13-Mar-2014 SERVICES 61.02 ACCUTRAC CAPITAL ITC INC 371993 19-Mar-2014 SERVICES 61.02 ADVANCE TOWING 371686 05-Mar-2014 SERVICES 497.20 ADVANCE TOWING 371832 13-Mar-2014 SERVICES 367.25 ADVANCE TOWING 371994 19-Mar-2014 SERVICES 723.20 ADVANCED OFFICE SOLUTIONS INC 371833 13-Mar-2014 MATERIALS 2.678.10 ADVANTAGE RESTAURANT SUPPLY&SERVICE 371687 05-Mar-2014 MATERIALS 203.40 AFFILIATED CUSTOMS BROKERS LTD 371834 13-Mar-2014 SERVICES 249.76 AFFILIATED CUSTOMS BROKERS LTD 371995 19-Mar-2014 SERVICES 13.232.82 AGNOLETTO,TAMMY 371688 05-Mar-2014 TRAVEL/MILEAGE 13.25 AIR CARE SERVICES 371835 13-Mar-2014 MATERIALS 313.58 AIR CARE SERVICES 371996 19-Mar-2014 MATERIALS 110.18 AIRON HVAC 371689 05-Mar-2014 MAINTENANCE/REPAIRS 1,624.94 AIRON HVAC 371997 19-Mar-2014 MAINTENANCE/REPAIRS 983.10 ALFIDOME CONSTRUCTION 371691 05-Mar-2014 CONTRACT SERVICES 3,758.78 ALFIDOME CONSTRUCTION 371692 05-Mar-2014 CONTRACT SERVICES 11,207.62 ALFIDOME CONSTRUCTION 371836 13-Mar-2014 CONTRACT SERVICES 47,071.86 ALFIDOME CONSTRUCTION 371999 19-Mar-2014 CONTRACT SERVICES 30,614.53 ALISON'S SPORTS&AWARDS 371693 05-Mar-2014 SERVICES 13.56 ALISON'S SPORTS&AWARDS 372000 19-Mar-2014 MATERIALS 6.50 ALTEC INDUSTRIES LTD 371837 13-Mar-2014 SERVICES 271.20 AMALGAMATED TRANSIT UNION#1582 371838 13-Mar-2014 PAYROLL REMITTANCE 2.576.22 AMEC ENVIRONMENT&INFRASTRUCTURE 371839 13-Mar-2014 SERVICES 16,804.23 AMEC ENVIRONMENT&INFRASTRUCTURE 372001 19-Mar-2014 SERVICES 16.445.34 AOUICON CONSTRUCTION CO LTD 371840 13-Mar-2014 CONTRACT SERVICES 826,738.84 ARAMARK 371841 13-Mar-2014 MATERIALS 112.38 ARCHER TRUCK CENTRE WELLAND LTD 371694 05-Mar-2014 MATERIALS 743 93 ARCHER TRUCK CENTRE WELLAND LTD 371842 13-Mar-2014 VEH ID#677 788.16 ARCHER TRUCK SERVICES LTD 372002 19-Mar-2014 MATERIALS 2,575.67 ARIVA 371695 05-Mar-2014 MATERIALS 722.09 ARIVA 371843 13-Mar-2014 MATERIALS 433.46 ARIVA 372003 19-Mar-2014 MATERIALS 1,207.63 ARTISTA DESIGN&PRINT INC 371844 13-Mar-2014 MATERIALS 101.70 ASSOCIATED ENGINEERING(ONT)LTD 372005 19-Mar-2014 SERVICES 24,555.92 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 371845 13-Mar-2014 ADMINISTRATIVE 757.10 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 372004 19-Mar-2014 MEMBERSHIP 13,165.04 AZIMI.SUSSAN 371696 05-Mar-2014 CONTRACT SERVICES 800.00 B&B LIFT TRUCK SERVICE 371700 05-Mar-2014 MAINTENANCE/REPAIRS 1.281.42 B&C TRUCK CENTRE 372008 19-Mar-2014 MATERIALS 61.58 BAKER 371697 05-Mar-2014 MATERIALS 162.36 BAKER 372006 19-Mar-2014 MATERIALS 56.17 BALDINELLI,LOUIE 371698 05-Mar-2014 TRAVEL/MILEAGE 20.50 BARICEVIC,GORDON 371828 13-Mar-2014 REFUND 283 57 BARTOL,SUSAN 371847 13-Mar-2014 GRANT 50 00 BARTY.ROB 371699 05-Mar-2014 MATERIALS 150.00 BATEMAN.DOLORES 371848 13-Mar-2014 TRAVEL/MILEAGE 40.00 BATTLEFIELD EQUIPMENT RENTALS 372007 19-Mar-2014 MATERIALS 186.02 BEATTIES BASICS 371849 13-Mar-2014 SERVICES 388.67 BEATTIES BASICS 372009 19-Mar-2014 CONTRACT SERVICES 13.70 BELL CANADA 371851 13-Mar-2014 SERVICES 498.92 BELL CANADA 372010 19-Mar-2014 SERVICES 78.54 BELL CANADA 372011 19-Mar-2014 SERVICES 20 17 BELL CANADA 372012 19-Mar-2014 SERVICES 98.88 BELL CANADA-PUBLIC ACCESS 371850 13-Mar-2014 SERVICES 113.00 BENDO.WAYNE 371701 05-Mar-2014 MATERIALS 150.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 371702 05-Mar-2014 MATERIALS 480 13 BICKLE MAIN INDUSTRIAL SUPPLY INC 371852 13-Mar-2014 MATERIALS 881.34 BICKLE MAIN INDUSTRIAL SUPPLY INC 372013 19-Mar-2014 MATERIALS 412.28 BLUMETRIC ENVIRONMENTAL INC 372014 19-Mar-2014 SERVICES 2,878.39 BOB ROBINSON&SON CONSTRUCTION 371704 05-Mar-2014 SERVICES 7.763.10 BOB ROBINSON&SON CONSTRUCTION 371854 13-Mar-2014 MATERIALS 4,706.45 BOB ROBINSON&SON CONSTRUCTION 372015 19-Mar-2014 MATERIALS 1,689.35 BOBCAT OF HAMILTON LTD 371703 05-Mar-2014 MATERIALS 681.14 Page 2 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BOBCAT OF HAMILTON LTD 371853 13-Mar-2014 MATERIALS 93.03 BOOT SHOP THE 372016 19-Mar-2014 MATERIALS 909.65 BRAND BLVD INC 371855 13-Mar-2014 MATERIALS 1,286 75 BRAND BLVD INC 372017 19-Mar-2014 MATERIALS 613.59 BRAY HERITAGE(CARL BRAY&ASSOCIATES LTD.) 371705 05-Mar-2014 SERVICES 1,970.90 BRINKS CANADA LTD 372018 19-Mar-2014 MATERIALS 314.71 BROCK FORD LINCOLN 371856 13-Mar-2014 MATERIALS 110.25 BROCK FORD LINCOLN 372019 19-Mar-2014 MATERIALS 832.46 BRODERICK,ANDY 371857 13-Mar-2014 SERVICES 54.00 BUDZINSKI,VALERIEB PATERAS, PETER 371858 13-Mar-2014 GRANT 10.000 00 BURKE GROUP-THE 372020 19-Mar-2014 SERVICES 437.31 BURLEY,RON 371706 05-Mar-2014 TRAVEUMILEAGE 4320 BUTYNIEC,DAVE 371707 05-Mar-2014 TRAVEL/MILEAGE 89.64 BYERS,SARA 371859 13-Mar-2014 MATERIALS 129.94 CANADIAN DOOR DOCTOR 371708 05-Mar-2014 CONTRACT SERVICES 1,559.40 CANADIAN DOOR DOCTOR 372021 19-Mar-2014 MATERIALS 4,372.54 CANADIAN LINEN&UNIFORM 371860 13-Mar-2014 MATERIALS 537.93 CANADIAN LINEN&UNIFORM 372022 19-Mar-2014 MATERIALS 720.81 CANADIAN PACIFIC RAILWAY CO 371709 05-Mar-2014 BRIDGE RECOVERY COSTS 55.413.48 CANON CANADA INC 372023 19-Mar-2014 MATERIALS 67.57 CARLETON UNIFORMS INC 371710 05-Mar-2014 MATERIALS 458.09 CARLETON UNIFORMS INC 371861 13-Mar-2014 MATERIALS 205.32 CARLETON UNIFORMS INC 372024 19-Mar-2014 MATERIALS 932.25 CARQUEST 371711 05-Mar-2014 MATERIALS 36.08 CARQUEST 372025 19-Mar-2014 MATERIALS 48.44 CARRICKMARZENNA 372026 19-Mar-2014 TRAVEL/MILEAGE 304.96 CARRIER ENTERPRISE CANADA L P. 372027 19-Mar-2014 MATERIALS 10.32 CASTLE MECHANICAL 372028 19-Mar-2014 SERVICES 4,236.97 CATARACT COLLISION CENTRE 371712 05-Mar-2014 VEH ID#52 853.14 CCS TRANSPORTATION SAFETY 372029 19-Mar-2014 TRAINING 1,525.50 CEF BOOKS 372030 19-Mar-2014 MATERIALS 29.40 CENTRAL COMMUNICATIONS 371862 13-Mar-2014 SERVICES 485.90 CENTRE COURT CAFE 371863 13-Mar-2014 MATERIALS 509.07 CERIDIAN CANADA LTD 371864 13-Mar-2014 CONTRACT SERVICES 1,874.45 CFMS-WEST CONSULTING INC 372031 19-Mar-2014 MATERIALS 3,390.00 CH2M HILL CANADA LTD 371865 13-Mar-2014 SERVICES 1.217.58 CHAMBERLAIN,ROBERT&CAROL 371866 13-Mar-2014 REFUND-SECT.0#973A 859.00 CHAPMAN MURRAY ASSOCIATES 371713 05-Mar-2014 SERVICES 1,486.91 CHARLES JONES INDUSTRIAL LTD 371714 05-Mar-2014 MATERIALS 831.23 CHARLES JONES INDUSTRIAL LTD 371867 13-Mar-2014 MATERIALS 790.24 CHARLES JONES INDUSTRIAL LTD 372032 19-Mar-2014 MATERIALS 402.44 CHIECA.UCIANO 371715 05-Mar-2014 TRAVEL/MILEAGE 17.25 CIMCO REFRIGERATION 372033 19-Mar-2014 MATERIALS 4,308.34 CIRRUS MANAGEMENT CONTRACTING LTD 371869 13-Mar-2014 REFUND 75000 CITY VIEW BUS&TRUCK REPAIR&SALES LTD 371716 05-Mar-2014 MATERIALS 1,130.08 CITY VIEW BUS&TRUCK REPAIR&SALES LTD 371870 13-Mar-2014 MATERIALS 567.88 CLARK,TIFFANY 372034 19-Mar-2014 TRAINING 40115 C-MAX FIRE SOLUTIONS 372035 19-Mar-2014 MATERIALS 2.391.28 COFFEY GEOTECHNICS INC 371871 13-Mar-2014 CONTRACT SERVICES 11,099.43 COLIN SEYMOUR PLUMBING 371717 05-Mar-2014 CONTRACT SERVICES 900.00 COLIN SEYMOUR PLUMBING 371872 13-Mar-2014 CONTRACT SERVICES 900.00 COMMISSIONAIRES 371873 13-Mar-2014 CONTRACT SERVICES 20.434.52 COMPUGEN INC 371718 05-Mar-2014 CONTRACT SERVICES 104,601.84 CRAWFORD&COMPANY(CANADA)INC 371875 13-Mar-2014 SERVICES 8,934.40 CRAWFORD&COMPANY(CANADA)INC 372038 19-Mar-2014 SERVICES 6,963.00 CRM CONNECTONS INC 371877 13-Mar-2014 MATERIALS 715.11 CUPE LOCAL 133 371878 13-Mar-2014 PAYROLL REMITTANCE 8,122.34 CURRENCY MUSEUM 371846 13-Mar-2014 REMITTANCE 2,250.00 D.F BROWN ROOFING 372044 19-Mar-2014 MATERIALS 14,288.85 DALIMONTE,JOE 371721 05-Mar-2014 MATERIALS 95.29 DANDY,BERTRAM JAMES 372039 19-Mar-2014 REFUND 83.47 DARCH FIRE 372040 19-Mar-2014 MATERIALS 2,583.47 DE LAGE LANDEN FINANCIAL SERVICES CAN INC 372042 19-Mar-2014 CONTRACT SERVICES 13,267.68 DECARIA,RON 371722 05-Mar-2014 MATERIALS 150.00 DEEAVERI-BAK,MARY THERESA 372041 19-Mar-2014 REFUND 78954 DEMAR CONSTRUCTION 371724 05-Mar-2014 CONTRACT SERVICES 4,490.38 DEMOL'S TIRE SALES&SERVICE 371880 13-Mar-2014 MATERIALS 2,675 16 DEMOL'S TIRE SALES&SERVICE 372043 19-Mar-2014 MATERIALS 2,526.05 DESIGN ELECTRONICS 371881 13-Mar-2014 CONTRACT SERVICES 1,60884 DIGITAL ATTRACTIONS INC 371882 13-Mar-2014 SERVICES 1,695 00 DISTRICT SCHOOL BOARD OF NIAGARA 371725 05-Mar-2014 REFUND 444.90 EASTGATE TRUCK CENTRE 372045 19-Mar-2014 MATERIALS 5,498.54 EGO-FORMA INC 371727 05-Mar-2014 MATERIALS 4,659.60 ELECTECH 372047 19-Mar-2014 MATERIALS 141.25 ELECTRICAL SAFETY AUTHORITY 371728 05-Mar-2014 MATERIALS 87.01 Page 3 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount ELIASANDRO 371729 05-Mar-2014 MATERIALS 150.00 ELLIS ENGINEERING INC 372048 19-Mar-2014 SERVICES 9,944.00 EMCO CORPORATION 371883 13-Mar-2014 MATERIALS 250.86 EMCO CORPORATION 372049 19-Mar-2014 MATERIALS 65.54 ENBRIDGE 371730 05-Mar-2014 UTILITIES 295.54 ENBRIDGE 371884 13-Mar-2014 UTILITIES 30,932.40 ENBRIDGE 372050 19-Mar-2014 UTILITIES 2.75019 E-QUIP RENTALS&REPAIRS INC 372052 19-Mar-2014 MATERIALS 89.16 EQUIPMENT SPECIALIST INC 372051 19-Mar-2014 MATERIALS 11.749.34 EVANOFF,VICTOR 371885 13-Mar-2014 TRAVEL/MILEAGE 12000 EVANS UTILITY SUPPLY LTD 371731 05-Mar-2014 MATERIALS 37,976.76 EVANS UTILITY SUPPLY LTD 371886 13-Mar-2014 MATERIALS 14.493.38 EVERLASTING IMPRESSIONS 371732 05-Mar-2014 SERVICES 349 17 EVOLUTION TRUCK&TRAILER SERVICE 371733 05-Mar-2014 MATERIALS 216.06 FALLS CHEVROLET CADILLAC 371887 13-Mar-2014 MATERIALS 122.36 FALLS CHEVROLET CADILLAC 372053 19-Mar-2014 MATERIALS 104.65 FARE LOGISTICS 372054 19-Mar-2014 SERVICES 17,897.06 FARRELL,PETE 371888 13-Mar-2014 MATERIALS 150.00 FASKEN MARTINEAU DUMOULIN LLP 371734 05-Mar-2014 SERVICES 1,359.97 FASTENAL CANADA LTD 371735 05-Mar-2014 MATERIALS 2.269.94 FASTENAL CANADA LTD 371889 13-Mar-2014 MATERIALS 21.24 FASTENAL CANADA LTD 372055 19-Mar-2014 MATERIALS 760.20 FIGUEROA,CHARLES 372056 19-Mar-2014 REFUND 417.38 FIRE MONITORING OF CANADA INC 372057 19-Mar-2014 SERVICES 108.48 FLEXO PRODUCTS LTD 371736 05-Mar-2014 MATERIALS 180.69 FLEXO PRODUCTS LTD 371890 13-Mar-2014 MATERIALS 11.375.66 FORMISANO.ADRIANO 372058 19-Mar-2014 REFUND 479 99 FREDERICK,RICK 372059 19-Mar-2014 LICENSE 93.27 GALES GAS BARS 372060 19-Mar-2014 FUEL 1.234 01 GALLO,SUSAN 372061 19-Mar-2014 REFUND-TAX OVERPAYMENT 1,287.00 GATTA HOMES INC 371891 13-Mar-2014 REFUND 1.750 00 GIANCOLA,RICHARD 371892 13-Mar-2014 MATERIALS 150.00 GIRARDI,CHRISTINE 371737 05-Mar-2014 MATERIALS 135.59 GIRARDI,CHRISTINE 371893 13-Mar-2014 TRAVEL/MILEAGE 10.80 GIRARDI.CHRISTINE 372062 19-Mar-2014 MATERIALS 61.83 GLENTEL WIRELESS CENTRE 372063 19-Mar-2014 MATERIALS 105.01 GLOBALSTAR CANADA SATELLITE CO 371894 13-Mar-2014 SERVICES 139.89 GOODLIFE FITNESS-CORPORATE WELLNESS 371895 13-Mar-2014 MEMBERSHIP 1.130.04 GRAYBAR CANADA 371738 05-Mar-2014 MATERIALS 2,003.69 GRAYBAR CANADA 372064 19-Mar-2014 MATERIALS 762.95 GREENFIELD GROUP LTD 371739 05-Mar-2014 SERVICES 2,748.73 GROUND AERIAL MAINTENANCE LTD 372065 19-Mar-2014 CONTRACT SERVICES 39,536.74 GT FRENCH 371740 05-Mar-2014 MATERIALS 459.15 GT FRENCH 372066 19-Mar-2014 MATERIALS 1,814.58 HALCO MOBILE MFG SALES&SERVICE INC 371896 13-Mar-2014 LEASES AND RENTS 621.50 HALF WAY SAND PIT LIMITED 371741 05-Mar-2014 CONTRACT SERVICES 10.480.75 HALLEX ENGINEERING LTD 371742 05-Mar-2014 SERVICES 2.386.24 HARRISON.TODD 371897 13-Mar-2014 SERVICES 877.83 HARROW SPORTS CANADA LTD 371743 05-Mar-2014 MATERIALS 534 48 HATCH MOTT MACDONALD LTD 371744 05-Mar-2014 SERVICES 48.768.55 HD SUPPLY CANADA INC 372067 19-Mar-2014 MATERIALS 48.60 HD SUPPLY POWER SOLUTIONS 371745 05-Mar-2014 MATERIALS 76.28 HECTRONIC US 371746 05-Mar-2014 CONTRACT SERVICES 157,476.80 HEUSERS STEEL WORKS LTD 372068 19-Mar-2014 MATERIALS 1,228 88 HILL BOLES LTD 371747 05-Mar-2014 MATERIALS 96.48 HILL BOLES LTD 371898 13-Mar-2014 MATERIALS 84.55 HOLMAN,GEOFF 371899 13-Mar-2014 TRAVEL/MILEAGE 270.02 BEC MACHINE KNIFE LTD 371900 13-Mar-2014 MATERIALS 115.26 BEC MACHINE KNIFE LTD 372069 19-Mar-2014 MATERIALS 619.24 RI GROUP 371748 05-Mar-2014 CONTRACT SERVICES 40,999.50 BS OF WENTWORTH 371751 05-Mar-2014 MATERIALS 883.16 BS OF WENTWORTH 372071 19-Mar-2014 MATERIALS 513.97 NDUSTRY CANADA 371749 05-Mar-2014 MATERIALS 12,434.00 NNOVATIVE SURFACE SOLUTIONS CANADA 371750 05-Mar-2014 MATERIALS 4,637.57 NTACT INSURANCE COMPANY 371984 13-Mar-2014 REMITTANCE 3,724.92 NTRIOUE NIAGARA 372072 19-Mar-2014 MATERIALS 395 50 JACK DOW AUTO SUPPLIES LIMITED 371752 05-Mar-2014 SERVICES 39.55 JACKSON,DAVE 371901 13-Mar-2014 TRAVEL/MILEAGE 212.76 JOE'S TRANSMISSION SERVICE 372073 19-Mar-2014 SERVICES 107.35 JOHNNY RAG 371902 13-Mar-2014 MATERIALS 95.19 JOHNNY RAG 372074 19-Mar-2014 MATERIALS 55.80 JONCAS,RON 371753 05-Mar-2014 REFUND 4 9 JORDAN,HELGA 371903 13-Mar-2014 REFUND 25 00 JR B CANUCKS 371754 05-Mar-2014 TICKET REVENUE-CLEARING 7,406.00 JR B CANUCKS 371904 13-Mar-2014 TICKET REVENUE-CLEARING 5,632.00 Page 4 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount K&S WINDSOR SALT LTD 371755 05-Mar-2014 MATERIALS 90,585.76 K&S WINDSOR SALT LTD 371905 13-Mar-2014 MATERIALS 40,408.64 K&S WINDSOR SALT LTD 372075 19-Mar-2014 MATERIALS 10.436.24 KARES,TED 371906 13-Mar-2014 MATERIALS 150.00 KENWORTH TORONTO LTD 371756 05-Mar-2014 MATERIALS 814.51 KENWORTH TORONTO LTD 371907 13-Mar-2014 MATERIALS 232.89 KENWORTH TORONTO LTD 372076 19-Mar-2014 MATERIALS 332.65 KERRY T HOWE ENGINEERING LTD 371757 05-Mar-2014 MATERIALS 15,815.31 KRAWCZYK CONSTRUCTION MAINTENANCE 372077 19-Mar-2014 MATERIALS 22,826.00 KRONSTEIN,MARK 371908 13-Mar-2014 TRAVEL/MILEAGE 140.00 KROWN RUST CONTROL 371758 D5-Mar-2014 VEH ID#318 276.73 KROWN RUST CONTROL 371909 13-Mar-2014 MATERIALS 288.15 LAERDAL MEDICAL CANADA LTD 372078 19-Mar-2014 MATERIALS 262.73 LAKE'S MAINTENANCE 371759 05-Mar-2014 MATERIALS 113.00 LAKE'S MAINTENANCE 371910 13-Mar-2014 MATERIALS 257.08 LAKE'S MAINTENANCE 372079 19-Mar-2014 CONTRACT SERVICES 610.20 LALLOUET,ERIC 371911 13-Mar-2014 TRAVEL/MILEAGE 134.37 LAROSE,BRITTANY 371912 13-Mar-2014 EXPENSES 70.00 LAWLOR&CO(HAMILTON)LIMITED 372080 19-Mar-2014 STORES/INVENTORY 3,051.00 LAWSON PRODUCTS INC 371760 05-Mar-2014 MATERIALS 1,454.58 LAWSON PRODUCTS INC 371913 13-Mar-2014 MATERIALS 911.89 LAWSON PRODUCTS INC 372081 19-Mar-2014 MATERIALS 2.199.64 LEONE,LUCAS 372082 19-Mar-2014 GRANT 50 00 LIPPERT&WRIGHT FUELS INC 371762 05-Mar-2014 FUEL 26,051 60 LIPPERT&WRIGHT FUELS INC 371914 13-Mar-2014 FUEL 9,070 45 LIPPERT&WRIGHT FUELS INC 372084 19-Mar-2014 FUEL 36.51665 M&L SUPPLY FIRE AND SAFETY 371772 05-Mar-2014 MATERIALS 128.64 MACLEAN,JASON 371915 13-Mar-2014 TRAINING 327.70 MARI-LYNNE EASTLAND 371726 05-Mar-2014 MATERIALS 180.80 MATTINA MECHANICAL LIMITED 371916 13-Mar-2014 MATERIALS 1.307.81 MAXILL INC 371917 13-Mar-2014 MATERIALS 156.84 MCARTHUR MEDICAL SALES INC 372085 19-Mar-2014 MATERIALS 551.18 MCCONNELL,LUCILLE 371918 13-Mar-2014 TRAVEL/MILEAGE 110.00 MCINTYRE,STEVEN J 372086 19-Mar-2014 TRAVEL/MILEAGE 97.96 MCLAUGHLIN.SCOTT 371764 05-Mar-2014 MATERIALS 150.00 MCMILLAN LLP 371765 D5-Mar-2014 CONSULTING SERVICES 16,950.00 MCNAMARA,SUSAN 371919 13-Mar-2014 TRAVEL/MILEAGE 130.00 MCV PLUMBING&HEATING 371766 05-Mar-2014 CONTRACT SERVICES WRAP PROG 5,522.88 MCV PLUMBING&HEATING 371920 13-Mar-2014 REFUND 150 00 MCV PLUMBING&HEATING 372087 19-Mar-2014 REFUND 500 00 MEDICAL MART SUPPLIES LIMITED 372088 19-Mar-2014 MATERIALS 108.07 MEGA-LAB MANUFACTURING CO. LTD 371767 05-Mar-2014 MATERIALS 1,159.38 MENARD,JEFF 371768 05-Mar-2014 MATERIALS 185.01 METAL SUPERMARKETS 371769 05-Mar-2014 MATERIALS 757.39 METRO FREIGHTLINER HAMILTON 371770 05-Mar-2014 MATERIALS 697.79 METRO FREIGHTLINER HAMILTON 371921 13-Mar-2014 MATERIALS 2,815.94 METRO FREIGHTLINER HAMILTON 372089 19-Mar-2014 MATERIALS 4,250.15 METRO PLUMBING&HEATING 371922 13-Mar-2014 CONTRACT SERVICES 6,546.11 MG PROMOTIONS 372090 19-Mar-2014 MATERIALS 159.47 MILLER RESTORATION LIMITED 371923 13-Mar-2014 SERVICES 163.85 MINISTER OF FINANCE/MINISTRY OF TRANSPORTATION 371771 05-Mar-2014 MATERIALS 13,076.25 MINISTRY OF ATTORNEY GENERAL 371924 13-Mar-2014 PAYROLL REMITTANCE 1,420.17 MOHAWK MFG&SUPPLY CO 371925 13-Mar-2014 MATERIALS 325.24 MOHAWK MFG&SUPPLY CO 372091 19-Mar-2014 MATERIALS 31.72 MONTGOMERY BROS&NORTHLAND SUPPLY 371773 05-Mar-2014 CONTRACT SERVICES 6.882.84 MONTGOMERY BROS&NORTHLAND SUPPLY 371926 13-Mar-2014 CONTRACT SERVICES 255.38 MOROCCO,JOHN 372092 19-Mar-2014 CLAIM SETTLEMENT 855.66 MTE PARALEGAL PROFESSIONAL CORPORATION 371774 05-Mar-2014 ADMINISTRATIVE 15.974.22 MULLER'S WORKWEAR 371775 05-Mar-2014 MATERIALS 332.44 MUNICIPAL WORLD INC 371927 13-Mar-2014 MEMBERSHIP 55.93 MURDOCK.ROBERT DANIEL&BONETTA,JESSICA ELENA 371928 13-Mar-2014 REFUND 252.13 N.S.M FABRICATING LIMITED 371788 05-Mar-2014 SERVICES 932.25 NEDCO 371929 13-Mar-2014 STORES/INVENTORY 902.87 NEDERMAN CANADA LIMITED 371776 05-Mar-2014 MATERIALS 355.95 NEOPART CANADA INC 371777 05-Mar-2014 MATERIALS 13,423.38 NEOPART CANADA INC 372093 19-Mar-2014 MATERIALS 879.37 NEW FLYER INDUSTRIES CANADA ULC 371778 05-Mar-2014 MATERIALS 2,169.15 NEW FLYER INDUSTRIES CANADA ULC 371930 13-Mar-2014 MATERIALS 958.06 NEW FLYER INDUSTRIES CANADA ULC 372094 19-Mar-2014 MATERIALS 3,044.71 NIAGARA ANALYTICAL LABORATORIES INC 371931 13-Mar-2014 CONTRACT SERVICES 820.38 NIAGARA BATTERY&TIRE 371779 D5-Mar-2014 CONTRACT SERVICES 329.69 NIAGARA BATTERY&TIRE 371780 05-Mar-2014 CONTRACT SERVICES 2,477.85 NIAGARA BATTERY&TIRE 371932 13-Mar-2014 CONTRACT SERVICES 106.22 NIAGARA COLLEGE 371781 05-Mar-2014 REFUND 765.19 NIAGARA DISTRICT AIRPORT COMMISSION 371933 13-Mar-2014 1ST HALF OF MUNICIPAL CONTRIBL 53,398.62 Page 5 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA FALLS HUMANE SOCIETY 372095 19-Mar-2014 REMITTANCE 660.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 371934 13-Mar-2014 PAYROLL REMITTANCE 7,108.20 NIAGARA HEALTH SYSTEM 371935 13-Mar-2014 SERVICES 45.00 NIAGARA OCCUPATIONAL HEALTH SERVICES 371936 13-Mar-2014 MATERIALS 259.90 NIAGARA PARKS COMMISSION 371782 05-Mar-2014 MATERIALS 6,708.00 NIAGARA PENINSULA ENERGY INC 371783 05-Mar-2014 UTILITIES 269,818.69 NIAGARA PENINSULA ENERGY INC 371826 06-Mar-2014 CONTRACT SERVICES 5,540 89 NIAGARA PENINSULA ENERGY INC 371937 13-Mar-2014 UTILITIES 6,338.19 NIAGARA PENINSULA ENERGY INC 371983 13-Mar-2014 UTILITIES 8,173.83 NIAGARA PENINSULA ENERGY INC 372096 19-Mar-2014 CONTRACT SERVICES 15,431 25 NIAGARA PENINSULA ENERGY INC 372097 19-Mar-2014 UTILITIES 6,690.67 NIAGARA PLUMBING SUPPLY COMPANY LIMITED 371784 05-Mar-2014 MATERIALS 85.43 NIAGARA REGIONAL MUNICIPALITY WIRE 28-Feb-2014 YEAR END RECONCILIATION 3.453,174.74 NIAGARA REGIONAL MUNICIPALITY WIRE 28-Feb-2014 JAN WATER 1,990,969.12 NIAGARA REGIONAL MUNICIPALITY WIRE 06-Mar-2014 COST SHARING-SOUTH SIDE LOW L 108,415.02 NIAGARA REGIONAL MUNICIPALITY WIRE 10-Mar-2014 COST SHARING-MOUNTAIN RD 287,181 17 NIAGARA REGIONAL MUNICIPALITY WIRE 17-Mar-2014 1ST QTR TAX LEVY 17.546 668 00 NIAGARA REGIONAL MUNICIPALITY 371785 05-Mar-2014 CONTRACT SERVICES 4,574.27 NIAGARA REGIONAL MUNICIPALITY 371938 13-Mar-2014 MATERIALS 7.147.03 NIAGARA REGIONAL TOWING 371939 13-Mar-2014 CONTRACT SERVICES 67.80 NIAGARA SPRING SERVICE LTD 371786 05-Mar-2014 CONTRACT SERVICES 370.97 NIAGARA SPRING SERVICE LTD 371940 13-Mar-2014 CONTRACT SERVICES 2,902.25 NIAGARA VIDEO PRODUCTIONS 371787 05-Mar-2014 MATERIALS 1,017.00 NICK'S TRUCK PARTS INC. 371941 13-Mar-2014 MATERIALS 411.89 OACA 372098 19-Mar-2014 ADMINISTRATIVE 450.00 O'HARA TRUCKING&EXCAVATING 372099 19-Mar-2014 CONTRACT SERVICES 4 073.31 OIL FILTRATION SPECIALISTS INC 372100 19-Mar-2014 MATERIALS 1,139.04 OMERS 372101 19-Mar-2014 PAYROLL REMITTANCE 32.947 38 OMERS 372102 19-Mar-2014 PAYROLL REMITTANCE 605,170 25 OMNI LIFE SAFETY 371942 13-Mar-2014 MATERIALS 36.39 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 371943 13-Mar-2014 MATERIALS 163.85 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 372103 19-Mar-2014 MAINTENANCE/REPAIRS 9,846.82 ONTARIO INFRASTRUCTURE AND LANDS CORPORATION 371944 13-Mar-2014 LEASES AND RENTS 18,292.46 OUR LADY OF SCAPULAR 372104 19-Mar-2014 REMITTANCE 94.96 OUTFRONT PORTABLE SOLUTIONS 372105 19-Mar-2014 CONTRACT SERVICES 311.32 PBI-PRINTING BY INNOVATION INC 372106 19-Mar-2014 MATERIALS 755 97 PEMBERTON,HOLLY 371789 05-Mar-2014 MATERIALS 134.26 PENINSULA ABSTRACT INC 371791 05-Mar-2014 MATERIALS 119.75 PENINSULA PEST CONTROL LTD 371790 05-Mar-2014 SERVICES 84.75 PENINSULA PEST CONTROL LTD 372107 19-Mar-2014 SERVICES 194.36 PETERS EXCAVATING INC 371827 06-Mar-2014 CONTRACT SERVICES 6.636.75 PHYLS FAMILY RESTAURANT 372108 19-Mar-2014 REFUND 397 55 POST FOODS CANADA CORP 372109 19-Mar-2014 REFUND 19.678.08 PRAXAIR 371792 05-Mar-2014 MATERIALS 404.45 PRECISION AUTOMOTIVE MACHINE SHOP 371793 05-Mar-2014 CONTRACT SERVICES 113.00 PREVOST COACH TRANSIT 372110 19-Mar-2014 MATERIALS 1,360.28 PRINTING HOUSE LTD 371794 05-Mar-2014 MATERIALS 162.63 PROVINCIAL CONTRACTORS INC 371945 13-Mar-2014 REFUND 1.500.00 PURE WATER 371946 13-Mar-2014 MATERIALS 50.00 PURE WATER 372111 19-Mar-2014 CONTRACT SERVICES 158.88 PUROLATOR COURIER 371795 05-Mar-2014 COURIER 50.87 PUROLATOR COURIER 371947 13-Mar-2014 COURIER 24.35 R J SMITH EQUIPMENT INC 372115 19-Mar-2014 MATERIALS 1.452.05 R V ANDERSON ASSOCIATES LIMITED 371799 05-Mar-2014 MATERIALS 720.38 RACO AUTO SUPPLY LTD 371796 05-Mar-2014 MATERIALS 635.01 RACO AUTO SUPPLY LTD 372112 19-Mar-2014 STORES/INVENTORY 959.98 RBC LIFE INSURANCE COMPANY 371797 05-Mar-2014 REMITTANCE 1,471 01 REAMINED SYSTEMS INC 372113 19-Mar-2014 SERVICES 734.50 RECEIVER GENERAL 371948 13-Mar-2014 PAYROLL REMITTANCE 515,961.24 REGIONAL MUNICIPALITY OF NIAGARA 371949 13-Mar-2014 MATERIALS 1,100.00 REGIONAL MUNICIPALITY OF NIAGARA 372114 19-Mar-2014 MATERIALS 3,109.30 ROGERS WIRELESS INC 371798 05-Mar-2014 MATERIALS 1.440 10 SACCO,FRED 372116 19-Mar-2014 MATERIALS 146.90 SAFETY MEDIA INC 372117 19-Mar-2014 MATERIALS 1,272.38 SANI GEAR FIRE 371800 05-Mar-2014 MATERIALS 517.13 SANI GEAR FIRE 372118 19-Mar-2014 MATERIALS 486 91 SCERBO.CARMINE 372119 19-Mar-2014 GRANT 50 00 SCOTT BEST SEWER SERVICES 371801 05-Mar-2014 CONTRACT SERVICES 1,412.50 SCOTT BEST SEWER SERVICES 371950 13-Mar-2014 CONTRACT SERVICES 1,226.05 SCOTT BEST SEWER SERVICES 372120 19-Mar-2014 CONTRACT SERVICES 875.75 SCOTT CONSTRUCTION NIAGARA INC 371951 13-Mar-2014 CONTRACT SERVICES 126,695.31 SCOTT CONSTRUCTION NIAGARA INC 372121 19-Mar-2014 MATERIALS 20.780.70 SERVICEMASTER OF NIAGARA 372122 19-Mar-2014 MATERIALS 1,746.45 SETON 371952 13-Mar-2014 MATERIALS 85.37 SHEPPARD,TIA 371953 13-Mar-2014 REFUND 500.00 Page 6 of 6 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount SHERRARD KUZZ 371802 05-Mar-2014 CONTRACT SERVICES 607.22 SHRED IT INTERNATIONAL INC 371954 13-Mar-2014 SERVICES 116.76 SIMPLEX GRINNELL 371955 13-Mar-2014 SERVICES 88.42 SIX PAYMENT SERVICES(USA)CORP 371803 05-Mar-2014 CONTRACT SERVICES 200.00 SKRZESZEWSKI,STAN 371956 13-Mar-2014 DONATION 100.00 SMITH.LEE 371989 14-Mar-2014 PETTY CASH 247.64 ST CATHARINES FREIGHTLINER TRUCK&TRACTOR 371804 05-Mar-2014 MATERIALS 148.25 STAMFORD HOME HARDWARE 371957 13-Mar-2014 MATERIALS 47.30 STAPLES ADVANTAGE 372123 19-Mar-2014 MATERIALS 330.02 STEED&EVANS LIMITED 372124 19-Mar-2014 CONTRACT SERVICES 51,415.00 STITCH IT CANADA'S TAILOR 372125 19-Mar-2014 MATERIALS 396.22 SULLIVAN MAHONEY LLP IN TRUST 371825 06-Mar-2014 MATERIALS-MAR/14 90,000 00 SUN LIFE ASSURANCE COMPANY OF CANADA-BILLING AND COLL 372127 19-Mar-2014 PREMIUMS 1.072.48 SUNCOR ENERGY PRODUCTS PARTNERSHIP 371805 05-Mar-2014 FUEL 43.254.74 SUNCOR ENERGY PRODUCTS PARTNERSHIP 371985 13-Mar-2014 FUEL 71,041.34 SUNCOR ENERGY PRODUCTS PARTNERSHIP 372126 19-Mar-2014 FUEL 142,711 01 SUPERIOR BLEND COFFEE LTD 371962 13-Mar-2014 MATERIALS 325.32 SUPERIOR LAUNDRY SERVICE LTD. 371806 05-Mar-2014 SERVICES 131.65 SUPERIOR LAUNDRY SERVICE LTD, 371963 13-Mar-2014 MATERIALS 209.06 SUPERIOR LAUNDRY SERVICE LTD. 372129 19-Mar-2014 CONTRACT SERVICES 265.00 SUPERIOR PROPANE INC 372128 19-Mar-2014 FUEL 2,658 57 SUTPHEN CORPORATION 372130 19-Mar-2014 MATERIALS 430.80 TALK WIRELESS INC 371808 05-Mar-2014 CONTRACT SERVICES 118 65 TALK WIRELESS INC 371964 13-Mar-2014 CONTRACT SERVICES 537.85 TECHNICAL STANDARDS&SAFETY AUTHORITY 371965 13-Mar-2014 MATERIALS 105 00 TELUS COMMUNICATIONS COMPANY 371809 05-Mar-2014 MATERIALS 449.74 TELUS COMMUNICATIONS COMPANY 371966 13-Mar-2014 MATERIALS 224.87 TENAQUIP LIMITED 372131 19-Mar-2014 MATERIALS 698.07 THERMO KING ONTARIO 372132 19-Mar-2014 MATERIALS 2,630.57 THISTLEWAITE YARDWORKS 372133 19-Mar-2014 CONTRACT SERVICES 235.91 THOMPSON.JEFF 371810 05-Mar-2014 TRAINING 217.70 THUSUSKA,JEFF 371967 13-Mar-2014 MATERIALS 150.00 TIM HORTONS STORE#30 371811 05-Mar-2014 MATERIALS 33.20 TODD.KEN 371968 13-Mar-2014 TRAVEL/MILEAGE 6696 TOOLBOX 371969 13-Mar-2014 MATERIALS 429.08 TOROMONT 371812 05-Mar-2014 MATERIALS 6,874.81 TOROMONT 371970 13-Mar-2014 MATERIALS 1,695.00 TOROMONT 372134 19-Mar-2014 MATERIALS 3,439.88 TRUE BLUE WATER SERVICE 371813 05-Mar-2014 REFUND 600 00 TWARDAWSKY,NICK 371814 05-Mar-2014 TRAVEL/MILEAGE 91.80 URQUHART,TAYLOR 372135 19-Mar-2014 MATERIALS 150.00 VANCOR SUPPLY 372136 19-Mar-2014 MATERIALS 546.65 VERTICAL START-UP COMMISSIONING 372137 19-Mar-2014 SERVICES 1.582.00 VESCIO,JOE 372138 19-Mar-2014 GRANT 50 00 VIKING CIVES LTD 371815 05-Mar-2014 MATERIALS 1,486.20 VIKING CIVES LTD 371971 13-Mar-2014 MATERIALS 2,581 97 VIKING CIVES LTD 372139 19-Mar-2014 MATERIALS 1,999.95 WACHS CANADA LTD 371816 05-Mar-2014 MATERIALS 427.33 WAJAX EQUIPMENT 371817 05-Mar-2014 MATERIALS 2,160.38 WAJAX EQUIPMENT 371972 13-Mar-2014 MATERIALS 424.01 WAJAX EQUIPMENT 372140 19-Mar-2014 MATERIALS 580 82 WALKER AGGREGATES INC 371818 05-Mar-2014 MATERIALS 5,303.35 WALKER AGGREGATES INC 371973 13-Mar-2014 MATERIALS 2.216.42 WALKER AGGREGATES INC 372141 19-Mar-2014 MATERIALS 4,413.55 WESCO DISTRIBUTION CANADA INC 371819 05-Mar-2014 STORES/INVENTORY 294 52 WILLOUGHBY VOLUNTEER FIREFIGHTERS'ASSOCIATION 371975 13-Mar-2014 MATERIALS 430.85 WOLSELEY WATERWORKS GROUP 371976 13-Mar-2014 STORES/INVENTORY 3,153.58 WOLSELEY WATERWORKS GROUP 372143 19-Mar-2014 MATERIALS 3,025.86 WORK AUTHORITY 371820 05-Mar-2014 MATERIALS 900.00 WORK AUTHORITY 371977 13-Mar-2014 MATERIALS 568.91 WORK EQUIPMENT LTD 371821 05-Mar-2014 MATERIALS 999.24 WORK EQUIPMENT LTD 371978 13-Mar-2014 MATERIALS 660.94 WORK EQUIPMENT LTD 372144 19-Mar-2014 MATERIALS 1.457 58 WSIB 371822 05-Mar-2014 MATERIALS 7,504.52 WSIB 372145 19-Mar-2014 PAYROLL REMITTANCE 680 88 WYLIE,BRENDA 371988 14-Mar-2014 MATERIALS 768.91 YARNELL OVERHEAD DOORS LTD 371979 13-Mar-2014 MATERIALS 539.01 YELLOW PAGES GROUP 371823 05-Mar-2014 ADVERTISING 2.290.29 YELLOW PAGES GROUP 371980 13-Mar-2014 ADVERTISING 763.43 YMCA 371824 05-Mar-2014 MATERIALS 2.405.42 YMCA 371981 13-Mar-2014 MATERIALS 1,505.66 YMCA 372146 19-Mar-2014 UTILITIES 8,416.78 ZAMBONI COMPANY LTD 371982 13-Mar-2014 CONTRACT SERVICES 2,052.53 ZAMBONI COMPANY LTD 372147 19-Mar-2014 MATERIALS 1.013.37 Total 27,925,864.17 J _ MW-2014-15 NiagaraJ''aIIS April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW-2014-15 Frozen Water Services RECOMMENDATION That the attached policy be approved by Council. EXECUTIVE SUMMARY City staff received over 40 concerns from the public regarding properties with frozen water services. Staff worked through properties affected, and through the process have developed policy to repair, provide alternative services and to alleviate affected owners. The following is a brief history of causes and staff's response to this urgent demand. BACKGROUND Extremely cold temperatures, or fluctuations between warm and cold, can sometimes push frost to a depth that will freeze services. This year's severe cold, has resulted in an unprecedented number of frozen water services. Water services are the small diameter (usually 3/4 to 1") pipe that runs from the water main in the road allowance to the home, entering in the basement, then to the meter. Water services are co-owned. The City owns from the water main to the property line, the owner is responsible from property line to the home. • Services are buried to a depth of 1.5 meters or ar greater. April 8, 2014 -2- MW-2014-15 This year, more than 40 services, randomly located through the City have been affected by the continued cold. Staff note there does not seem to be a consistent pattern to the types of freezing. Services are freezing at various locations along the line, water shut off valves at the main itself and at varying depths. The last time the City experienced frozen water services was in 2003, in which there were approximately 16 properties affected. Other local municipalities have reported the same problem, and one other municipality contacted Niagara Falls to request assistance from Niagara Falls staff. Unfortunately the City could not respond to due to the high demand in Niagara Falls. To compound the problem, the severe cold has also created a high volume of water main breaks. As of March 3, 2014, the City had 43 water main breaks. In 2013, the total for the year was approximately 70. Staff and resources have been strained. Environmental Services has utilized emergency contractors as municipal staff had already reached maximum hours per week worked under the Occupational Health and Safety Act and Highway Traffic Act. Contractors and staff are working long hours, evenings and weekends to respond to the demand and minimize the time home owners are without water. PROCESS As soon as a lack of water is identified to the City, staff: • attend as soon as possible to determine if it is a frozen service, where on the line it is frozen (inside building, outside foundation, at valve, at main, etc.) • if within the building- advise owner on how to thaw internal plumbing issues • if problem is determined outside the building, attend with thawing equipment which runs hot water through the service from the inside to the shut off valve • if problem is at curb stop or water main connection, order locates to dig and expose the service, make necessary repairs and insulate the service During this process, staff maintain contact with owners to: • if possible, notify of time lines • provide bottled water for consumption • offer MacBain or Gale Centre facilities for showering • advise of prioritization - institutions, services open to the public, or health issues of owners may supersede prior requests • advise owners to keep water running at the property once line is thawed to avoid re-freezing • remove meter heads from affected properties to minimize high consumption bills April 8, 2014 -3- MW-2014-15 ADDITIONAL CONCERNS Several of the properties affected have older, galvanized water lines and services. As staff respond to thaw water services, conditions of the interior of the older lines may have corrosion or debris in the line which seriously hampers the thawing equipment's ability to defrost the line. Galvanized material is brittle compared to copper, and if digging is required to expose the service, the material breaks easily. Staff may replace some or all of private services with copper to ensure lines may be thawed. LEGAL IMPLICATIONS While staff work to resolve the frozen service problems, and will do all they can through existing staff, equipment, length of time worked, or utilizing contractors to expedite the process, by-Law 2007-171 states: 54. The City does not guarantee the supply or quality of water, and failure to supply water shall not be construed as negligence or nuisance on the part of the City. Although staff respond as soon as possible on this urgent matter, the City is not liable under these extreme situations. CITY'S STRATEGIC COMMITMENT This report and the attached policy are consistent with Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. ATTACHMENTS 1. Policy — 318.15 - Frozen Water Services (New Policy) n Recommended by: " Geoff Holman, Director of Municipal Works Respectfully submitted: I Ken Todd, Chief Administrative Officer Sue Wheeler Department Division ��j/ Municipal Works Environmental Services //7 r Subject Policy it \la, :1 t/11I, Frozen Water Lines 318.15 Issue Date Revision Date April 8, 2014 April 8, 2014 © Policy El Procedure Page Page 1 of 1 Purpose: To outline the procedure as it relates to repairing, assisting owners with frozen water lines. Procedure: Upon receiving concerns that an owner may have frozen water lines staff will: 1. Record information in data base 2. Send supervisor or plumber as soon as possible to determine if lines are frozen within the building, or outside, or if there are other factors related to no water (service break, main break, etc.) 3. Once frozen line is determined, place information on separate spread sheet for easy tracking of process 4. Inform customer of frozen lines, determine if bottled water is required, showering facilities. Advise Recreation & Culture of addresses of customers that may use facilities. 5. Gather any other pertinent information, including property use, health issues or other circumstances that may force the property to be prioritized. 6. Staff are to attend as soon as practicable to utilize thawing equipment — two crews available. 7. All other work except emergency water main or sewer breaks are to be put on hold. 8. Should staff not be able to thaw lines, information must be provided to owners — as to placement on the list, and possible time line for dig to thaw services. 9. All appropriate steps to be taken for excavation — locates, traffic plan, notification of stakeholders, etc. 10.Advise owners of dig date when appropriate 11.Following dig, and thawing — lines are to be insulated 12.Advise owners to leave water running in building to prevent freezing 13. Remove meter register 14.Advise billing that register is removed. 15.Monitor list following digs to ensure that once weather has warmed, register is to be replaced, billing advised again. Director Date Submitted by April 8, 2014 CAO Date Recommended by April 8, 2014 Report#MW-2014-15 Bylaw# Date ❑ Approved by Council April 8, 2014 MW-2014-16 Niagarra&Ps April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-16 Gale Centre Access/Multi-Purpose Trail Municipal Class EA - Final Recommendations RECOMMENDATION 1. That Council adopt the recommendations as set out in the Environmental Study report for the Gale Access/Multi-Purpose Trail Municipal Class Environmental Assessment. 2. That staff be directed to advertise the Notice of Study Completion as set out in the Municipal Class EA process. 3. That staff be directed to initiate a meeting with the Fourth Avenue residents to determine appropriate traffic measures on Fourth Avenue given the preferred alternative. EXECUTIVE SUMMARY This Municipal Class EA identifies a conditional preferred design alternative that addresses the problem statement: "The City of Niagara Falls has an opportunity to provide an alternate access to the Gale Centre that will address traffic concerns on Fourth Avenue and provide a multi- use pathway along the existing NS & T railway corridor." The completion of the Environmental Assessment process has resulted in the following conditional preferred options: 1. Should Thorold Stone Road extension be constructed, the multi-purpose trail will be constructed at the appropriate time (Option 3) 2. Should Thorold Stone Road extension not be constructed, the access from Stanley Avenue to Fourth Avenue will be constructed with directional closure of Fourth Avenue (Option 2B) The implementation of option 3 or 2B will provide direct access to the Gale Centre from Stanley Avenue relieving the traffic volumes from Fourth Avenue. A critical element of either option will be addressing the potential impacts of traffic on Fourth Avenue. Since these impacts can only be evaluated after the new access to the Gale Centre is functioning April 8, 2014 -2 - MW-2014-16 it is recommended that area residents be engaged to determine the most appropriate traffic control solutions on Fourth Avenue including traffic calming, additional signage and/or closure. BACKGROUND The Gale Centre Access/Multi-Purpose Trail Environmental Assessment Study was initiated in the Fall of 2013 to investigate the feasibility of providing alternative access to the Gale Centre via Stanley Avenue and reduce the current traffic volumes experienced by local residents on Fourth Avenue. This study assessed the environmental impacts of an access/multi-purpose trail using the following criteria: • Cultural and Heritage • Natural Environment • Active Transportation • Traffic Operations • Construct-ability • On-going maintenance • Utility conflicts • Engineering • Property Acquisition • Costs A Public Information Centre was held at the Gale Centre on February 19, 2014 that offered an opportunity to review the display material and provide comments. Public comments are included in the preparation of the final report. The public response from the meeting overwhelmingly expressed concern over the Region not completing the construction of the Thorold Stone Road extension. As well, they had concerns over the potential loss of the Fourth Avenue access in whole or part. Key stakeholder comments summary has been attached to this report. Regional Niagara staff continue to negotiate with Falls Community Development the terms of the Thorold Stone Road extension construction from Stanley Avenue to Fourth Avenue (phase 1) which is expected to be constructed this year. As well, the Region is also expected to complete the construction of Stanley Avenue from Valley Way to Thorold Stone Road that will include the re-configuration of the Thorold Stone Road/Stanley Avenue intersection this year. Should the Gale access be constructed in the former railway lands, it is possible to include it in the Stanley Avenue tender which is expected to dramatically reduce the construction costs. ANALYSIS/RATIONALE The construction of the access to the Gale Centre from Stanley Avenue is of critical importance to the arena stakeholders and Fourth Avenue residents as it will provide a dramatically increased service level for access as well as reducing the traffic volumes on nearby local streets. Public response unanimously favoured the Thorold Stone Road extension as the preferred access to the arena. This study was intended to provide alternative options in the event that the negotiations and construction of the preferred option was not completed in a timely manner. April 8, 2014 -3 - MW-2014-16 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls has committed funding in the 2013 budget for its share of the constructed works which include the intersection improvements and the road extension which is expected to be adequate to fund any of the aforementioned options. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority for a well-planned city, convenient, accessible and sustainable transportation and infrastructure sustain- ability. LIST OF ATTACHMENTS 1. Executive Summary - Preferred Options 2. Schedule 1 - Stanley Avenue Project 3. Study Area 4. Option 2 - Two Lane Access Road 5. Option 2 - Fourth Avenue Alternatives 6. Option 2 - Fourth Avenue Alternative Assessments 7. Option 3 - Multi-Use Pathway 8. Evaluation Matrix 9. Key Stakeholder Comments 10. Problem and Opportunity Statement Recommended by: I Geoff Holman, Director of Municipal Works Respectfully submitted: I LkA“ Ken Todd, Chief Administrative Officer Rick Volpini • .s;��:�,;.r��r�, MW- 2014 -16 - Attachment #1 Thorold Stone Road Extension • Stanley Avenue is to be reconstructed in Spring 2014 • The Region of Niagara is currently considering extending Thorold Stone Road east from Stanley Avenue as part of the reconstruction. Options under consideration are 1. Stanley Avenue improvements plus a two -lane extension of Thorold Stone Road from Stanley Avenue to the Gale Centre 2. Stanley Avenue improvements plus a four -lane extension of Thorold Stone Road from Stanley Avenue to the Gale Centre 3. Stanley Avenue improvements only • If only Stanley Avenue improvements are approved by the Region, the City will consider Option 1 (Access Road & Multi -Use Pathway) and Option 2 (Two -lane Access Road) • If the Thorold Stone Road extension is approved, the City will proceed with Option 3 (Multi -Use Trail) at a later date to be determined. 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H Y 1 +Y h v i s � he, \\4:4.,,, I i ! 4t 1 gy " ' ; Myb r y. 44 l i ,b .J J MW- 2014 -16 - Attachment #4 Option 2 Two Lane Access Road Features: Two -lane access road from Stanley Avenue to Fourth Avenue through the NS & T Corridor • Sidewalk provided along the south side of the access road Traffic signals, westbound left -turn lane and southbound left -turn lane at Stanley Avenue and access road intersection Pedestrian crosswalk provided for the access road at intersections with Fourth Avenue and Stanley Avenue .r- \ia :Rr 1 /villa MW- 2014 -16 - Attachment #5 Option 2 Fourth Avenue Alternatives Alternative 2A Full closure of Fourth Avenue Gate system or bollards Alternative 2B Directional closure of Fourth Avenue Traffic not permitted to exit southward via Fourth Avenue Gate system allows traffic to enter northward via Fourth Avenue Alternative 2C Centre median island with dual gate system Traffic may be permitted to enter /exit via Fourth Avenue during special events ▪ i:1 g':1i -4 4111, MW- 2014 -16 - Attachment #6 Option 2 Fourth Avenue Alternatives (cont'd) Advantages and Disadvantages Alternative 2A: Full Closure Alternative 2B: Directional Closure Alternative 2C: Centre Median Island with Dual Gate System • Allows additional emergency access to /from Gale Centre • Lower maintenance • Provides additional access for cyclists to /from Gale Centre • Allows additional emergency access to /from Gale Centre • Most aesthetically pleasing • Full directional access control during special events at Gale Centre • No directional access control during special events at Gale Centre • Permanent layout means there is only control over traffic entering Gale Centre • More difficult to maintain • Permanent layout will reduce accessibility for emergency vehicles (to Fourth Avenue) • More difficult to maintain f \ingest a/ al1.s MW- 2014 -16 - Attachment #7 Features: A multi -use pathway extending from Stanley Avenue to Fourth Avenue along the NS & T Corridor Pathway also serves as an access road for utility and emergency vehicles Intersection Pedestrian Signal /ladder crosswalk proposed on Stanley Avenue Unsignalized crosswalk across Fourth Avenue at pathway Option 3 Multi -Use Pathway p Its MW- 2014 -16 - Attachment #8 Evaluation Matrix Evaluation Criteria Noise Access to Existing Properties Social Environment Cultural and Heritage Environment Natural Environment Active Transportation Traffic Operations Constructability On -going Maintenance Utility Conflicts Engineering Property Acquisition Costs Significant Negative Result X Cultural and Heritage Natural Environment Wetlands, ESAs, and ANSIs Active Transportation Arena Parking Lot Congestion Traffic Operations / Safety on Fourth Avenue Constructability On -going Maintenance Utility Conflicts Engineering Standards Drainage Issues Need Additional Property Cost Negative Result Do Nothing x H H X x (> $0.0M No Known Impact w/o Thorold Rd Extension Option 1 Option 2 H $1.2M + Cost of Land Positive Benefit $1.2M w/ Extension Option 3 <> <> <> x H $0.5M + Share of Thorold Rd. Extension Significant Benefit MW-2014-16 - Attachment #9 Date: March 5, 2014 File: 2013.5679 C A,A Hid To: Rick Volpini, C.E.T„ City of Niagara Falls Envine,n ng From: Rick Gabel, P.Eng. Project: Gale Centre Access Road/Multi-Purpose Trail Environmental Assessment Subject: PIC#1 Comment Summary MEMO The purpose of the following memorandum is to summarize the input provided by stakeholders and the general oublic relating to the Gale Centre Access Road/Multi-Purpose Trail Municipal Class Environmental Assessment as a result of a Public Information Centre held on February 19°'. 2014. !. KEY STAKEHOLDER COMMENTS Table 1 summarizes the key stakeholder comments received. Table 1 —Summary of Key Stakeholder Comments Stakeholder Comments 2 _ - iiPl -L „ ��' 7e0 sett PUBi IC INFORMATION CENTRE COMMENTS The Public Information Centre was held on February 19'° at the Gale Centre between 6:00 pm and 8:00 pm. A total of 37 individuals attended the PIC. Of those individuals who attended, fourteen individuals provided comments (3 represented the Parks in the City Committee). No further comments were received between the PIC date and the comment cut-off date of March 3, 2014. The following comments/concerns were noted. • Concern expressed over the Niagara Region not carrying out construction of Thorold Stone Road (8 comments) • Concern expressed over the loss of access to the Gale Centre from Fourth Avenue (4 comments) • Concern over complete closure of Fourth Avenue (6 comments. 4 comments above included) • Concern expressed over the effect of the construction on property taxes and value (3 comments) • Concern expressed over existing/future noise from the Gale Centre parking lot (2 comments) • Noted that an access road is only a temporary solution and therefore a waste of taxpayer money (2 comments) • Concern expressed over water drainage from the proposed access road (1 comment) dES. MAhetiELI COtv1PA NU. n J.0�35fi 9.0 5 211Cma1� �ry P^ — O Asnt.Ldted En gin•■ role; Memo To: Rick Volpini, C.E.T., City of Niagara Falls March 05, 2011 Of the three different options being proposed, there was no real consensus as to which option was deemed the preferred choice, Members of the public attending the PIC were asked to indicate their preference. The following was noted". • Option 1 preferred by 3 residents • Option 2 preferred by 3 residents (2 residents indicated their preference was 28) • Option 3 preferred by 5 residents • No preference given by 4 residents One resident indicated two preferences Appendix A contains a summary of the specific comments. Appendix B contains copies of the sign in sheets and original comment sheets received. ..,.?0`3557 9nc c AI v rt:and', fin+111)_C o sul/ f or Pan.cio a n;PIc Cc ,ce. PIC i,,2IO_ _ nary_znl.0304 mca 1.1_..! ,t11. MW- 2014 -16 - Attachment #10 Problem and Opportunity Statement The City of Niagara Falls has an opportunity to provide an alternate access to the Gale Centre that will address traffic concerns on Fourth Avenue and provide a multi -use pathway along the existing NS & T railway corridor. April 8, 2014 -2 - PBD-2014-20 Facade Improvement Grant The facade on the Family Care Centre will be improved with the addition of new crown moulding to match the main building; the repair and repointing of facade masonry and brickwork; new exterior lighting;windows; doors and landscaping. The total cost of these works is estimated at $220,000. The Facade Improvement Grant can provide a total of 50% of the estimates or$10,000 whichever is lesser. The Region's contribution to the facade grant would be $5,000. Commercial Building Improvement Grant A new accessible elevator and washrooms, along with new windows and exterior doors throughout the building are being added to the Family Care Centre at an estimated cost of $235,000. The Commercial Building Improvement Grant can provide a total of 50% of the estimates or $10,000 whichever is lesser. The Region's contribution to the building improvement grant would be $5,000. Revitalization Grant Application The Revitalization Grant Program provides an economic catalyst for the redevelopment of buildings. The incentive to the property owner is a potential reduction in any incremental tax increase due to assessment increases related to the project. Those projects that result in an increase in property assessment and taxes will be eligible for a re-imbursement of increased City and Regional property taxes as follows: 80% (of the increase) within years 1 to 5, 60% in years 6 & 7, 40% in year 8 and 20% in years 9 and 10. The amount of grant payments cannot exceed the cost of the redevelopment project that increased the property assessment. Improvements to the Family Care Centre include a 300-400ft2 addition to create a barrier free accessible side entrance, a complete renovation of the upper and lower levels including the relocation of a fireplace, new windows, the creation of a living room/lounge area for grief group meetings; a dining/conference room, and the addition of 2 HVAC units. The applicant has provided an estimate of $655,675 for all works being done on this structure. Once the project is completed the Municipal Property Assessment Corporation will evaluate the property. This evaluation may result in an increased assessment which will trigger the TIF grant. ANALYSIS/RATIONALE The improvements requested under these applications are all eligible under the Commercial Building and Facade Improvement and Revitalization Grant Programs for the Historic Drummondville Area. The Owner had submitted this application in 2013 however funding for the Historic Drummondville Area was not available at that time. The Owner was contacted and the file was put on hold. With the recent decision of Council to reinstate some funding into these programs, the applications were re-activated. As noted above, the improvement works were started prior to the reinstatement of funds into the Historic Drummondville Community Improvement Program and works may be completed as early as April 2014. If approved, an agreement for the Facade and Commercial Improvement Grants may not be necessary. An agreement for the Revitalization Grant is required. April 8, 2014 -3 - PBD-2014-20 FINANCIAL IMPLICATIONS In the 2014 Operating Budget, an amount of $100,000 was budgeted for CIP grants for the Historic Drummondville Area. The City portion of grants proposed to this applicant is $10,000 and is within the budgeted amount for 2014. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the Drummondville area. LIST OF ATTACHMENTS • Appendix 1 - Location map of the subject property • Appendix 2 - Site and Elevation Plans for 5905-5929 Main Street. Recommended by: 4 ; ' � � v Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 12W4= Ken Todd, Chief Administrative Officer F.Berardi.mb Attach S'.\PDR12014\PBD-2014-20, CB&FIG&Revitalization Grant DRU-2014-002&DRU-2014-003, Morse&Son Funeral Home.wpd April 8, 2014 -4 - PBD-2014-20 APPENDIX 1 Location Map - 5905-5929 Main Street • v April 8, 2014 -5- PBD-2014-20 APPENDIX 2 aU , - r g _ =Rt I g I - aW ' o a o!.) 4 l • 2: / - -.- i _ i Iii; Ipf, l- re- li':1 ❑ • c i @i1 ii..@ ay 33 i 3 a 3 = April 8, 2014 -6 - PBD-2014-20 0 O � a z ` S c s o o c o W ii, a Q aS V - > ,x 0 - 5,-;,‘, � O O T. Y ,r Y ij 1 , i H r ,IIII A I ,s �J{ r dk kt l k , „ f1L ® I i4 a 470 H1- a s 1 6f 7 L JLj i,; A. 4,41 , , 0 t r P�_4UUhSS■ �.ur• ; 5 lu a j 41, ,Y1i � , a • .., s .. o a W w3 e Cg 3 i : ,- it 3 iJ — _ -31 1 vn -- e`t, ! i 3 PBD-2014-22 Niagaraanlls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: Memorandum of Understanding for Improving the Planning Function between Niagara Region, the Local Area Municipalities and the Niagara Peninsula Conservation Authority RECOMMENDATION 1. That Council endorse the Memorandum of Understanding for Improving the Planning Function between Niagara Region, the Local Area Municipalities and the Niagara Peninsula Conservation Authority and that the Mayor and Clerk be authorized to sign the Memorandum on behalf of the City. 2. That staff implement the Memorandum in collaboration with Niagara Region, the Local Area Municipalities and the Conservation Authority. EXECUTIVE SUMMARY Since 2007, the Memorandum of Understanding (MOU)for Improving the Planning Function between Niagara Region, the Local Area Municipalities (the LAM's) and the Niagara Peninsula Conservation Authority (NPCA) has been in effect. The objective of the MOU is improve the overall efficiency of the planning function in Niagara through collaboration, the reduction of duplication, communication between the parties and stakeholders and the delegation of approval authority. The MOU was updated in 2010 and has been updated again early this year. A number of improvements have been made and are noted in this report. BACKGROUND In 2007, in an effort to improve the planning function in Niagara, an MOU was struck between Niagara Region, the LAM's and the NPCA. It was updated in 2010. The MOU has successfully: • reduced duplication of service and identify roles and responsibilities of the parties (for example, most OPAs now approved by City; NPCA responsible for Natural Heritage); • developed collaborative processes for policy formulation and development review (such as Value Added Agriculture, Gateway CIP, Environmental Protection policies); • established a communication protocol for Regional and LAM planners; and • developed a transparent, easily understood process of community engagement (for instance, preconsultation meetings, standardized forms). April 8, 2014 -2 - PBD-2014-22 The benefits of the MOU have resulted in more streamlined approvals, clearer mandates and less duplication. A review was conducted through 2013 with the draft MOU being struck earlier this year. This review was conducted by the Niagara Region whose consulting team undertook a series of interviews with developers, builders and consultants and conducted a workshop, as well as receiving input from area planners. As a result of this input, the Region with its stakeholders identified the following key changes to again update the MOU document: • Policies of area municipalities are to be up-to-date, aligned and consistent with Regional policies. There is to collaboration between the Region and the local area municipalities in the development of Regional policy. Also, a process for effective stakeholder and public engagement is to be prepared (Regional OPA 5-2013 provides the policy framework). Working groups are to be established to review Regional and Provincial policies as well as special projects. • Mandates of the parties are to be more explicit. Comments from the Region, NPCA and LAM's are to be based on their function and mandate. • Protocol for development application review. The review of development applications is to be streamlined; for example, criteria is to be established regarding the circulation of applications to the Region for review. • Natural heritage review. The NPCA will prepare updated and more accurate screening mapping. Staff training will be offered on the use of the screening mapping and the MOU will include references to the new EIS guidelines. • Exemptions for local Official Plan amendment approvals. Further exemptions from Regional approval for minor local Official Plan amendments are to be considered. DISCUSSION The planning function in a two tiered system has the potential for duplication, overlapping mandates, lengthy review timelines and redundant approvals. The changes to the MOU are positive step forward in streamlining protocols, clarifying mandates and reducing timelines. Some of the improvements noted above are already being implemented; for example working groups have been established on the development of Regional policies for the protection of transportation corridors and on development performance metrics. Minor policy based Official Plan amendments have been exempted from Regional approval. The MOU will continue to evolve as policies and procedures change at all levels of government. A responsive MOU will be critical to the creation of a seamless planning function. FINANCIAL IMPLICATIONS Although there are no direct financial implications, a more streamlined planning function will provide for improved planning efficiencies. April 8, 2014 -3 - PBD-2014-22 CITY'S STRATEGIC COMMITMENT The endorsement of the MOU is consistent with the Strategic Goal of a Well-Planned City. LIST OF ATTACHMENTS No attachments. / It I� <. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I 2- i. r}'"r 1 Ken Todd, Chief Administrative Officer J.Barnsley S.\BOB\2014\PBD-2014-22, Memorandum of Understanding#2.wpd I, PBD-2014-24 Niagaraflalls April 8, 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-2014-24 DRU-2014-001, 5799-5803 Main Street Commercial Building & Facade Improvement Grant Applicant: Zimakas Holdings RECOMMENDATION That Council approve the Facade Improvement Grant and Commercial Building Improvement Grant Applications for 5799-5803 Main Street(Zimakas Holdings) subject to the owner satisfying the program requirements. EXECUTIVE SUMMARY These applications can be supported because: • the works will improve an existing medical office supporting the continuation of that use and encouraging other improvements in the area; • the facade improvements and commercial building works comply with the City's grant program; and • the facade improvement grant and building improvement grants total $20,000 with the City contributing one half and the Region of Niagara contributing one half. The funding is provided in the 2014 Operating Budget. BACKGROUND The subject property contains the Niagara Medical Centre and is situated between Spring and Ferry Streets. The Owners are wish to start improving their facade and building in May 2014 and have requested grant approvals under the Historic Drummondville CIP. Facade Improvement Grant It is the intent of the Owners to improve the facade of the medical centre with the repair/replacement of masonry stone work and window replacements. An architectural sketch of the proposed facade is included in Appendix 2. The total cost of the works, including the architectural and design fees is estimated at $64,832. The Facade Improvement Grant can provide a total of 50% of the estimates or $10,000 whichever is lesser. The Region's contribution to the facade grant would be $5,000. April 8, 2014 -2 - PBD-2014-24 Commercial Building Improvement Grant A new roof and the weatherproofing of the basement is proposed for the improvement of the medical centre. The estimated cost of these improvements is $51,335. The Commercial Building Improvement Grant can provide a total of 50% of the estimates or $10,000 whichever is lesser. The Region's contribution to the building improvement grant would be $5,000. ANALYSIS The improvements requested under these applications are all eligible under the Commercial Building and Facade Improvement Program for the Historic Drummondville Area. The improvement of the building will reinforce the continued use of the property and encourage the continued revitalization of the area. The existing medical office use of the property complies with the existing Official Plan designation and Zoning. FINANCIAL IMPLICATIONS In the 2014 Operating Budget, an amount of$100,000 was budgeted for CIP grants for the Historic Drummondville Area. The City portion of grants proposed to this applicant is $10,000 and is within the budgeted amount for 2014. CITY'S STRATEGIC COMMITMENT The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the Drummondville area. LIST OF ATTACHMENTS Appendix 1 - Location map of the subject property Appendix 2 - Facade photos and Architectural Plans 5799-5803 Main Street '.'C Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2014\PBD-2014-24, DRU-2014-001,CB&FIG 5799-5803 Main St.wpd April 8, 2014 - 3 - PBD-2014-24 APPENDIX 1 Location Ma it j ' NORTH ST NORTH ST N( _ I c,) T EMERY ST EMERY.ST - -. Existing qteade c < 4 F { z-- - < �; - i ! I , ' 1ili • ___� i �T SPRING ST _ _ o '�� = a r r 1 i I � LUNDY'StN LJND'!'S LN FERRY ST FERRY 51 Li. G T - ! `- �., 1 �1 Gig � r r < y.Z r-'-'. _- --t-- :1-1(, i ', i I t I I 1 i 1 PEER ST- t 1 I 1 l �� - i { 111 L�= 11'P L� -� BARKS '�� CULP •6 : • S _ "CULP„S _III I CULP ST CUL T , T t _ i 4 l ' ' i i I � rl_ •, Marc 40H Subject Land + 1:4706 April 8, 2014 -4 - PBD-2014-24 APPENDIX 2 j C . II i- {{ }j j; l 1, 1 , L 1 r I- II i , L� Ir I _ I, __ I II , r 'I • .t 1 V ■ e I Z I , - 1 I N /4f,t- R&C-2014-03 Niagara&ally April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2014-03 Request to Honour Samuel Zimmerman RECOMMENDATION That Council approve the request to honour Samuel Zimmerman with a story board plaque and to work with appropriate City Staff and Committees to determine the final location and design. EXECUTIVE SUMMARY On August 12, 2013, staff received a request to honour Samuel Zimmerman. The request was forwarded to the Arts & Culture Committee, in the absence of a Public Art Advisory Committee for its consideration at its August 22, 2013, meeting. The Committee was in full support of the recognition and proposed that staff work with the Landscape Architects to find a suitable downtown location and to design the story board. BACKGROUND Mr. Zavitz, City Historian, indicated that Samuel Zimmerman is considered in various ways to be "the father of Niagara Falls". Mr. Zavitz provided the following history: A native of Pennsylvania, Zimmerman arrived in Niagara in 1842 as "a poor man with a shovel on his shoulder," as he liked to say. However, he had plenty of ambition and some knowledge about construction. Forming a construction company, he soon won contracts to rebuild sections of the Welland Canal. Recognizing the growing importance of railways, Zimmerman then became a railway contractor, building a number of lines including the Great Western from Hamilton to Niagara Falls. Opened in 1853, the railway soon established an important divisional point in Niagara Falls. Zimmerman next played a role in the building of the Railway Suspension Bridge across the Niagara River Gorge. Inaugurated in 1855, this double-deck span stood where the Whirlpool Rapids Bridge is now located. By this point, a tiny community had developed along the Niagara River, stretching from the area around the Falls to just beyond the Railway Suspension Bridge. In 1856 it was named Clifton. (The name would be changed to Niagara Falls in 1881 .) April 8, 2014 -2 - R&C-2014-03 Zimmerman, now one of the wealthiest men in Canada, quickly realized that with an international bridge crossing an important rail centre and a famous natural spectacle, Clifton had great potential. Accordingly, he made his home here, developing a large estate opposite the American Falls in what is now Queen Victoria Park and on the high bank above the park. At the same time, he became a local land developer and an enthusiastic Niagara Falls promoter. Zimmerman bought a hotel here, the famous Clifton House, which was located on the site currently occupied by Oakes Garden Theatre. He purchased property and then laid out business and residential streets in what is now the downtown area of Niagara Falls and in the Centre Street, Victoria Avenue area.Zimmerman donated land for a market square and a church, he saw to it that plank sidewalks were laid down, trees planted and various commercial buildings erected. He even founded a private bank, known appropriately as the Zimmerman Bank. Clifton began to grow and prosper. Tragically, however, at the height of all this success, Zimmerman was killed in a railway accident near Dundas in March of 1857. A few members of Samuel Zimmerman's family are still residents in the City of Niagara Falls. The Arts & Culture Committee considered the request to honour Samuel Zimmerman at the August 22, 2013, Committee meeting and made the following motion. IT WAS MOVED BY Philomena McCracken,seconded by Laura Moffat,to support the recognition of Samuel Zimmerman by the City. Motion Carried ANALYSIS/RATIONALE The goals of the City of Niagara Falls Public Art Policy are to provide the basis for decisions regarding the acceptance or creation of any public art. The definition of Public Art includes memorials, plaques, and commemorative tablets. A goal of the Public Art Policy is to honour, preserve, and encourage our cultural heritage and artistic diversity, and also to promote civic identity through awareness and preservation of the community's history, cultures, and living arts. Therefore, recognizing Samuel Zimmerman with a story board plaque is a good fit with the City's Public Art Policy and Public Art Collection. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Arts & Culture Committee will organize a plaque unveiling ceremony. The estimated cost for the story board/plaque is approximately$2,000 to be paid from the Recreation and Culture budget. April 8, 2014 -3 - R&C-2014-03 CITY'S STRATEGIC COMMITMENT Strategic Priority is to Reinvest in the downtown Community Improvement Areas. The street scaping and the new downtown park further enhances the Queen Street area. Recommended by: /� Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: 1 Ken Todd, Chief Administrative Officer TS-2014-14 Niagara&ells April 8, 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-2014-14 Transit Service Update RECOMMENDATION That this report be received for the information of Council. EXECUTIVE SUMMARY A completely revised routing system was implemented January 5, 2014. The new services are a departure from the historical system and residents are finding some of the routes and schedules challenging. To address the concerns, four Open House sessions took place to listen to the residents and assure them Transit is endeavouring to assist them with their public transportation challenges. All concerns have been documented and revisions are forthcoming May 4, 2014 to resolve many of the issues brought forward. A listing of the changes being implemented for the May through September service period are presented within the Background section. In order to give riders an opportunity to familiarize themselves with the routing and scheduling structure, as well as, giving staff the opportunity to evaluate the system operation, no further complex revisions are anticipated for the remainder of this year. BACKGROUND On January 5, 2014, new Transit routes and associated schedules were introduced throughout our city. The new services were designed to better serve the entire community by addressing route redundancy issues, better facilitate connections between buses, create more linear routes to eliminate circuitous travel, provide connections to the WEGO Red Line to better serve residents wishing to travel into the hospitality areas, and provide a sound foundation to build upon through this evolutionary process of enhancing the public transportation service throughout our growing community. The new routes and schedules were introduced to the community prior to the launch of the service via updated Rider's Guides, newspaper advertisements, on-bus posters, website updates, media releases, email blasts, Open Houses (Main Library, Historical Museum, and MacBain Centre), social media updates, Transit Ambassadors on the buses for one month, secondary and post secondary school outreach sessions, Council updates, and information on bus stops to inform residents of the pending revisions. April 8, 2014 - 2 - TS-2014-14 Further to the introduction of the new Rider's Guide, a companion brochure was designed and distributed to customers to better inform them of all the revisions taking place and how the new services may affect their travel options. Since the introduction of the new services, Staff has documented all the residents' concerns and endeavored to address as many of these challenges as possible. In situations where greater adjustments were required to assist the resident, staff has been working toward resolving these concerns through slight route and schedule refinements. These revisions for the Daytime and Evening/Sunday/Holiday routes are listed below. Daytime Service Revisions Route Revision 101 Introduction of a 5:30 p.m. trip from Niagara Square to the Main & Ferry Hub to reduce wait times for service. 102 Introduction of a 6:00 p.m. trip from Main & Ferry Hub to the Bus Terminal to reduce wait times for service. Revising route #102 to capture some of the service area covered by route #108, which enhances coverage and efficiency on both routes. 103 Commence service at 6:00 a.m. from Niagara Square to Main & Ferry Hub to better facilitate early morning customers. 104 Monitor passenger loads for possible additional peak time extra service throughout Summer. 105 Revised start and departure times at Niagara Square and Mount Carmel Plaza to better connect with the WEGO Red Line on Lundy's Lane. Will commence service at 5:45 a.m. (Currently 6:00 a.m.) This route will not be interlined with another route. The route will remain on Kalar Road. between Catalina Street and Westwood Street and thus, will not travel on Pitton Road to better service assisted living residences on Kalar Road. 106 No revisions will be implemented. 107 No revisions will be implemented. 108 Commence service 1 hr earlier at 7:00 a.m. (currently starting at 8:00 a.m.). Revising route pattern to travel to Town & Country Plaza — O'Neil St. — Dorchester Rd. to Target Plaza (both ways) to provide greater access to Stamford Centre. 109 Becomes the #114 at Target Plaza for greater connectivity with Stamford Centre. Service commences at 6:15 a.m. (Used to be 6:45 a.m.) 110 No revisions will be implemented. April 8, 2014 - 3 - TS-2014-14 111 Will not be interlined with #114. Will have 30 minute headways (was 60 minutes) to create quicker transportation from north end of city to Niagara Square area. 112 No revisions will be implemented. 113 Revised start and departure times at Niagara Square and Mount Carmel Plaza to better connect with WEGO Red Line along Lundy's Lane. Will commence service at 6:15 a.m. (currently 6:30 a.m.) Will not be interlined with route #103 114 Will become route #109 when it arrives at Target Plaza for greater connectivity between northwest corner of city and Stamford Centre. Red Line Starting at 6:00 a.m. (currently 6:30 a.m.) to provide greater early morning connectivity with other routes at Main & Ferry Hub and service to hospitality sector. Evening Service Route Revision Glenview Utilizing TransCab to service the Glenview area in the evening. This TransCab would carry customers from Glenview to the Bus Terminal where residents would access Transit connections throughout City. 203 Reduced run time to 15 minutes (was 30 minutes), which creates greater connectivity at Main & Ferry Hub. Commence evening service 15 minutes earlier with 7:00 p.m. trip from Niagara Square to Main & Ferry Hub to reduce wait times. Interlining of route #203 and route #206. 204 Interlining of route #204 and route #210 (consistent with daytime service). Revisions to schedules will create better connectivity at Hubs. Service will be running to 11:30 p.m. (was 11:15 p.m.) 205 Ending evening service at 10:30 p.m. (was 11:15 p.m.) 206 Interlining of route #203 and route #206 for fewer transfers at Main & Ferry Hub. 209 Interlining with route #214 at Target Plaza (consistent with daytime service). 210 Interlining of route #204 and route #210 (consistent with daytime service). Service running until 11:15 p.m. (was 10:45p.m.) Revisions to schedules and 30 minute frequency (was hourly) will create better connectivity at Hubs. April 8, 2014 - 4 - TS-2014-14 213 Evening service ends at 11:00 p.m. (was 11:45 p.m.). 214 Will interline with route #209 at Target Plaza (consistent with daytime service). Sunday and Holiday Service Route Revision Glenview Utilizing TransCab to service the Glenview area Sundays and Holidays. This TransCab would carry customers from Glenview to the Bus Terminal where residents would access Transit connections throughout City. 203 Reduced run time to 15 minutes (was 30 minutes), which creates greater connectivity at Main & Ferry Hub. Service will end at 6:45 p.m. at Main & Ferry Hub (was 7:15 p.m.) Interlining of route #203 and route #206. 204 Interlining of route #204 and route #210 (consistent with daytime service). 205 Starting service at 8 a.m. (was 7 a.m.) Revisions to schedule to create better connectivity at Hubs. 206 Interlining of route #206 and route #203 for fewer transfers at Main & Ferry Hub. 209 Interlining with route #214 at Target Plaza (consistent with daytime service). Starting service at 7:15 a.m. (was 7:30 a.m.) and finishing service at 6:30 p.m. (was 7 p.m.) Revisions to schedule to create better connectivity at Hubs. 210 Interlining of route #210 and route #204 (consistent with daytime service). Starting service at 7 a.m. (was 7:15 a.m.) Revisions to schedule to create better connectivity at Hubs. 213 Revisions to schedule to create better connectivity at Hubs. Starting service at 7 a.m. (was 7:15 a.m.) and finishing service at 7:15 p.m. (was 7:45 p.m.) 214 Will interline with route #209 at Target Plaza (consistent with daytime service). Starting service at 7:30 a.m. (was 7:00 a.m.) and finishing service at 7 p.m. (was 7:30 p.m.) * Italicized text indicates these revisions were finalized due to feedback at the March 17'", 2014 Open House Session at the Main Library. April 8, 2014 - 5 - TS-2014-14 Transit staff have received approximately 200 concerns from residents expressing their challenges with the new service design. Based on the fact Niagara Falls Transit generates approximately 4,000 passenger trips per day, which would represent 2,000 residents making 2-way trips, the concerns brought forward by residents indicate roughly 10%were upset with some aspect of the implementation. The revisions listed above have been designed to remedy many of the challenges residents have brought to our attention. The revisions outlined in this report were shared at an open house that took place at the Niagara Falls Public Library on Monday, March 17, 2014. Approximately 75 people attended this open house. Transit staff will continue to monitor the ridership and concerns brought forward from the community. However, in order to give riders an opportunity to familiarize themselves with the routing and scheduling structure, as well as, giving staff the opportunity to evaluate the system operation, no further complex revisions are anticipated for the remainder of this year. FINANCIAL, STAFFING, LEGAL IMPLICATIONS There are no Financial, Staffing or Legal Implications associated with these revisions. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and strengthen and promote economic development within the City. Recommended by: K Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer S:\General Administration\GA 1.01 Reports\2014 Councilkl Apr 8\TS-2014-14 Transit Service Revisions.wpd r D z z Z Z G) 3 D 1 m m xi Co PBD-2014-21 NiagarafalIN April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Planning, Building and Development SUBJECT: PBD-2014-21 AM-2013-018, Zoning By-law Amendment Application 8267 Thorold Stone Road Applicant: Charles Dyer Owner: Karen Ann DeGiorgio Proposed Gas Bar RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to add a gas bar to the list of permitted uses on the lands and to establish regulations, as detailed in this report, to control the development of the site. 2. That the neighbours be invited to the site plan process. EXECUTIVE SUMMARY Charles Dyer has applied to amend the site specific Neighbourhood Commercial (NC-714) zoning of the lands known as 8267 Thorold Stone Road. The amendment is requested to add a gas bar to the list of permitted uses on the property and to establish regulations to control the development of the site. The gas bar is proposed in conjunction with a convenience store (retail store), which is currently permitted on the site. The application can be supported for the following reasons: • the lands are designated Residential in the City's Official Plan which allows for neighbourhood commercial uses as ancillary uses; • the lands are one of four sites along Thorold Stone Road that were identified for local convenience uses through the Northwest Secondary Plan; • the lands are conveniently and appropriately located to service area residents, being located at the intersection of two arterial roads, which will minimize disturbances to area residents; • the site is approved for a 1,115 square metre (12,000 sq ft) neighbourhood commercial plaza -the current proposal is significantly smaller, being comprised of a 326 square metre (3,509 sq ft) retail store and a gas bar with five pump islands; • a Traffic Impact Study concludes that the proposal will not generate a significant number of new vehicle trips and that after the uses are established, the intersection will continue to function at an acceptable level; April 8, 2014 2 PBD-2014-21 • compatibility of the gas bar with abutting institutional and residential uses can be addressed through the inclusion of appropriate regulations in the site specific by- law; and • details regarding entrances, lighting, screening of rooftop mechanical equipment, fencing, landscaping and parking and loading can be appropriately finalized through Site Plan Control. BACKGROUND Proposal A Zoning By-law amendment is requested for the lands known as 8267 Thorold Stone Road as shown on Schedule 1. The amendment is requested to add a gas bar to the list of permitted uses. Site-specific regulations are requested to control the development. The gas bar is proposed in conjunction with a convenience store, which is already a permitted use. Schedule 2 is a site plan showing the layout of the development. The subject property is currently zoned Neighbourhood Commercial (NC-714) with site specific increased floor reas for specific commercial uses andlto establish site specific front yard and exterior yard setbacks. Site Conditions and Surrounding Land Uses The subject property is 4709 square metres (1.16 ac) in size and located on the northeast corner of the intersection of Thorold Stone Road and Kalar Road. The subject property is currently vacant, but is zoned for a 1,115 square metre neighbourhood commercial plaza. St. Vincent de Paul Catholic Elementary School abuts the subject site to the north. Single detached dwellings and sides of Thorold Stone Roads and Kalar Road. Siingle detached dwe wll ngs abtut the sit elto the east. Neighbourhood Open Houses A neighbourhood open house was held on January 8, 2014 to provide area property owners an opportunity to become informed about the proposal and to ask questions. The open house was attended by eight residents. Many of the residents expressed concerns about the potential for gas fumes and an impact on air quality, especially given the abutting elementary school. The applicant advised that ts a tec fumes to a minimum.used ith gas the pumps ntd the fuel delivery tankers is designed to keep gas Planning staff contacted the Technical Standards and Safety Association (TSSA) to determine if there are any industry recommended separation distances between gas bars and schools. The TSSA advised that none exist. Residents also expressed a concern about increased traffic congestion on Thorold Stone Road and the safety of school children walking along Kalar Road. The applicant advised that a Traffic Impact Study was completed by an independent traffic engineer to examine the impact of the proposed gas bar on traffic flows on Thorold Stone Road and Kalar Road. The study concludes that the proposed gas bar will not generate a significant number of April 8, 2014 -3 - PBD-2014-21 new vehicle trips since the majority of customers are those already traveling along Thorold Stone Road (pass-by trips). The study also concludes that the Thorold Stone Road/Kalar Road intersection will funtion at acceptable levels after the use is established. A second open house was held on February 19, 2014 to present a revised plan that attempted to address the residents' concerns. Representatives from the Catholic School Board, as well as the Principal of St. Vincent de Paul attended the second neighbourhood open house. They advised that the School Board has concerns with traffic entering and leaving the site from Kalar Road and the timing of fuel deliveries. The applicant advised that they will do their best to schedule fuel delivery times that do not coninside with the school's busiest times. The School Board also noted several site design concerns, including fencing along the common lot line, lighting, and screening of rooftop mechanical equipment. The applicant has agreed to address fencing, lighting, screening, landscaping and safety issues through the site plan control process. Several residents, as well as the School Board requested a solid board wood fence along the east and north property lines. Residents requested the tallest permitted fence. The School Board further requested that any fence in proximity to Kalar Road be chain link to provide visibility for vehicles entering/leaving the site. The applicant has shown a 2.75 metre tall fence along the east lot line and most of the north lot line. The fence changes to a 0.75 metre tall chain link fence within 9 metres of Kalar Road. Fencing heights and type can be imposed at the time of Site Plan Control. One resident asked if a noise study was required for the application. Planning staff advised that a noise study was not requested for this development because ambient noise levels from traffic on Thorold Stone Road likely exceed the noise generated by a gas station. Several emails were submitted citing similar concerns as above and are on tonight's agenda. Also, Planning staff received several phone calls from residents expressing opposition to the application. Circulation Comments Information regarding the proposed Zoning By-law amendment was circuated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Muncipality of Niagara No objections to the rezoning. The Region provided several technical comments (curb cuts, service intstallation, etc.) that can be more appropriately addressed at the time of Site Plan Control. • Transportation Services No objections to the rezoning. Several design related comments have been provided, which the applicant has taken into consideration. An update to the applicant's Traffic Impact Study is required to address the alignment of the Kalar Road entrance to the subject property with Vegter Court and safety for pedestrians. This can be addressed at the time of Site Plan Control. April 8, 2014 -4 - PBD-2014-21 • Fire Services, Legal Services, Muncipal Works, Parks Design, Building Services No objections to the rezoning. Matters related to site servicing, drainage and landscaping can be addressed at the time of Site Plan Control. ANALYSIS 1. Official Plan and Secondary Plan The subject property is designated Residential in the City's Official Plan. The application conforms to the City's Official Plan and Secondary Plan as follows: The Residential designation allows for neighbourhood commercial uses as ancillary uses. The proposed gas bar will operate in conjunction with a convenience store, which is not uncommon, and can be considered to be compatible with the commercial use. The Neighbourhood Commercial policies provide that limited small scale commercial development will be permitted subject to appropriate zoning provisions. - Neighbourhood Commercial facilities are to provide for the day-to-day needs of nearby residents. The convenience store and gas bar is intended to do that. - Ancillary uses are to be conveniently and appropriately located to serve primarily area residents. Ancillary uses which generate traffic should generally locate on arterial roads to minimize disturbances to area residents. Thorold Stone and Kalar Roads are arterial roads where this type of use may be expected to develop. - The preferred location of fuel bars is to be on arterial roads in commercially designated areas to minimize impact of vehicular movement and provide increased landscaping and building separation distances from residential uses. The policy is flexible to allow fuel stations outside of designated areas. The roads are classified as arterial where vehicular movements can be accommodated. Greater setbacks are proposed from the residential uses and landscaping exceeds minimums which can be included in the amending zoning by-law. Land use approvals in the Northwest Community have been guided by the Northwest Secondary Plan. The subject lands are one of four sites along Thorold Stone Road that were identified for local convenience uses. The other three include the Gales gas bar, the Canadian Tire gas bar, and Somebuddy's plaza. 2. Zoning By-law The subject lands are currently zoned Neighbourhood Commercial with site-specific regulations (NC-714) that permit a 1,115 square metre (12,000 sq. ft.) neighbourhood commerical plaza. The site specific regulations allow some uses to April 8, 2014 -5 - PBD-2014-21 have floor areas up to 450 square metres (4,843 sq. ft.), rather than the standard 230 square metres (2,475 sq. ft.), and establish building setbacks. In assessing the new site specific NC zone to add a gas bar in the list of permitted uses, staff examined the location of the proposed pump islands in comparison with the regulations established for a gasoline bar. The requested amendment can be recommended for the following reasons: The gas pumps and the associated canopy are proposed to be setback approximately 31 metres(101 ft.)from the northerly, lot line common with the school whereas the City's standard set back in the AS zone is 6 metres (19.6 ft.) from a lot line. The convenience store is proposed to be located between the northerly lot line and the gas pumps and will serve as an intervening land use from the school. A 2.5 metre (8.2 ft.) interior side yard is proposed between the building and the northerly side yard, whereas the NC zone would not require a side yard because a portion of the school property is zoned NC (schools are permitted in any zone). The proposed 2.5 metre yard is to be used as a landscaping strip. A 10.38 metre (34 ft.) exterior yard is proposed between the gas pumps and the associated canopy and Thorold Stone Road, whereas 6.0 metres (19.7 ft.) is the standard in the AS zone. The proposed exterior side yard width provides for improved on-site manoeuvrability. The proposed retail store is setback approximately 33 metres (108 ft.) from the exterior lot line. The current exterior side yard setback of 34.7 metres was intended to accommodate a specific built-form for a retail plaza. The proposal generally maintains the currently approved built-form standard. - The minimum rear yard depth in the NC zone is 10 metres (32.8 ft.). The gas pumps and the associated canopy are proposed to be setback 25 metres (82 ft.) from the rear (east) lot line common with the houses on Glenoaks Avenue. In the interest of ensuring land use compatiblity with the abutting residential uses, it is recommended that the proposed setback be included in the amending by-law for these features. - The maximum lot coverage permitted in the NC zone is 40% of the lot area. The entire development is well below this standard at approximately 13%. If desired, a provision could be included in the amending by-law to limit the coverage of the pump canopy to 6% which is reflected in the proposal. The standard in the AS zone is 5%. The maximum building height in the NC zone is 8 metres (26 ft.). The height of the pump canopy is approximately 5.5 metres(18 ft.). The standard height of a canopy in the AS zone is 5 metres. The extra half metre height of the proposed canopy is unlikely to be readily noticed. A separate building 6 - PBD-2014-21 April 8, 2014 regulation for the canopy is recommended for inclusion in the amending by- law. To ensure that the proposed gas bar maintains a neighbourhood commercial scale, staff recommend that a limit of five (double) gas pumps be imposed for the site, which is what the applicant has shown on his plan. In addtion, it is recommended that a regulation be included in the by-law that specifies that a gas bar only be permitted in conjunction with a retail (convenience) store. 3. Site Plan Control Through the neighbourhood consultation process numerous concerns about fencing, lighting, and buffering were raised. These are matters typically addressed through the site plan approval process which occurs just prior to development following the zoning amendment process. The plan provides 26 parking spaces whereas only 13 spaces are currently required; the 7 parking spaces on the east side could be removed to provide a wider landscape buffer next to the residential properties. A meeting between City staff, the proponent and adjacent land owners during the site plan process would provide opportunity for input in the final design. FINANCIAL IMPLICATIONS There are no financial implications. CITY'S STRATEGIC COMMITMENT The application conforms to the City's Official Plan and, therefore, contributes to Council's Strategic Committement of a well planned City. LIST OF ATTACHMENTS • Schedule 1 - Location Map Schedule 2 - Site Plan Recommended by: ,c� Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I Ken Todd, Chief Administrative Officer DD:mb Attach. S:\PDR\2014\PBD-2014-21,AM-2013-018,8267 Thorold Stone Road.wpd April 8, 2014 7 - PBD-2014-21 SCHEDULE 1 MATP H[WS DR 7 ' 1 �, >x c r : GROSSIt7L) - NORTI 1 1 \DGE_ D_R c,, GLEN bR I" . FOke I . Ti r } z L Q c 7- i - ` --OAkR1DG`` - r--y---1 _ _ a. _. FT i , _ T}iOROI D STONE RD .. .__ . ..a 1. .. ..__.. ♦ ma x. . 1 - v _ ___ - A MICHAEL. SY . r . .-4 , : j 1 � y 1 1 PIbENST Ba 10151(b'A(t: : ' PBD-2014-21 -8 - April 8, 2014 SCHEDULE 2 .1 I .iii 1 . 11z 5 z L C 0 Is" . 0 5 . y iii ibi . li; :11 31111 i- 14 cit otTi 1,t, cc pi 1;1 lildt _ i..tz la o .9i, 3 ro;II iltil; J a- l'Illi/ --.1 4-0 i Srla 06" Et91 ,?.1 ' a: lift:I;!!1;I 0 , i ' ii ., r - e i -4-0- \ - I .,. I I- ., --) 1- -. I I - - ' I f 1 t L ilu 1 1 I : i I 1 k 1 1 1 1 1 I _ I [ t -I- I Cr _Ft f 1 II 1 ..." 4 a I tt-Ortia - -).Q -.- 1 . 1 _,, I NI----'t• - 1 t 1 1 II i 1 i ..3-cir, I I I ..) - t H , 1 , 1 , , I 1 i (7,-----, I , 1 - I , , _ z__ - , 1 4._ i L_ ....--2.) , I , 1 , , , , , , - , , II , , - < I II 1 '''‹ )t k s- I / _ -.. Ill .. - - - - r 1 , - I - _---t- -4- 1- tit- — Planning Scanned Fue: 7• David Deluce From: Eve Bodman <evebodman @bell.net> Sent: Monday, February 17, 2014 4:01 PM To: David Deluce Subject: FW: 8367 Thorold Stone Road Zoning by law amendment application AM 2013-018 We received the Notice of Application and Second Open House notice. We would again wish to express our opposition to permitting a gas bar. We would appreciate confirmation of receipt of this email Thanks Eva Bodman William Erwin 8296 Vegter Court From: Eve Bodman [mailto:evebodman @bell.net] Sent: January-06-14 5:10 PM To: 'ddeluce @niagarafalls.ca' Subject: 8367 Thorold Stone Road Zoning by law amendment application AM 2013-018 We received the notice of application and open house for the proposed zoning amendment. We will not be able to attend the meeting as we are out of the country. However, we wish to register our objection to this amendment. We live in an approved residential subdivision. It is on a busy street with a commercial establishment across the street and traffic lights at the corner. The noise and traffic congestion is already overwhelming and to add a gas bar would create an unbearable amount of noise and stop and go traffic. There has been 2 convenience stores in the building on the other corner in the past 4 years and neither survived so it doesn't make sense to approve another one. We would appreciate being kept informed about this application. Thank you William Erwin and Eva Rodman 8296 Vegter Court. RECE4VEf FEE H ZU14 t Pi-ANN{PJG Planning David Deluce PM-3ov;-aV Cirri- S From: Eve Bodman <evebodman @bell.net> Sent Monday, January 06, 2014 5:10 PM To: David Deluce Subject: 8367 Thorold Stone Road Zoning by law amendment application AM 2013-018 We received the notice of application and open house for the proposed zoning amendment. We will not be able to attend the meeting as we are out of the country. However, we wish to register our objection to this amendment. We live in an approved residential subdivision. It is on a busy street with a commercial establishment across the street and traffic lights at the corner. The noise and traffic congestion is already overwhelming and to add a gas bar would create an unbearable amount of noise and stop and go traffic. There has been 2 convenience stores in the building on the other corner in the past 4 years and neither survived so it doesn't make sense to approve another one. We would appreciate being kept informed about this application. Thank you William Erwin and Eva Bodman 8296 Vegter Court. JAN Lt24 1 . P�ni Fk, 7, .� I David Deluce From: Pam Ron Douglas <rdpd @outlook.com> Sent: Thursday, January 09, 2014 3:51 PM To: David Deluce Subject: 8267 Thorold Stone Road ( Assessment Roll No: 2725-1000-030-7900) NO I We are NOT in favour of the development of neither a convenience store nor a gas bar at the north-east corner of Kalar Road and Thorold Stone Road in the city of Niagara Falls, Ontario. For the past forty-five years, we have witnessed the rise and fall of a convenience store on the south-west corner and it is now closed. One would think it should have survived considering the growth of this area. Perhaps another ten years of municipal growth will necessitate the need for the addition of similar services a little further down Thorold Stone Road. Two gas bars and two plazas already exist at the corner of Thorold Stone Road and Montrose Road. We strongly believe that additional competition of this nature would not be advantageous to our community. We do Not approve of this proposal. Sincerely; Ron & Pam Douglas, 8147 Michael Street, Niagara Falls, Ontario L2H 2B6 JAN 0 9 2014 ii 1 i PLANNING Am-2013 -0(e scanned Mrs. Jenny Mancuso l Fl� —"1=''♦— 4120 Brookdale Drive NIAGARA FALLS, ONL2H2B4 April 1, 2014 VIA EMAIL abryccnniagarafalls.ca The City of Niagara Falls Canada 4310 Queen Street NIAGARA FALLS, ON L2E 6X5 Dear Sirs: RE: PROPOSAL TO BUILD A CONVENIENCE STORE/GAS BAR AT A PROPERTY ADJACENT TO ST. VINCENT DE PAUL ELEMENTARY SCHOOL (INTERSECTION OF THOROLD STONE ROAD AND KALAR ROAD) It is my understanding that a developer is seeking a property zoning amendment to allow a gas bar to be constructed on vacant land located at the intersection of Thorold Stone Road and Kalar Road. I am writing to express my disapproval for such amendment as a concerned parent who has a young son that attends St. Vincent de Paul elementary school. Not only do I feel that Thorold Stone Road is already a congested and busy street for another gas bar to be constructed, but I do not want my son exposed to the gas fumes and toxins while he is outside playing in the schoolyard. I don't believe that there is a single school in Niagara Falls that has a gas bar located right beside it. Furthermore, there are presently two gas bars two blocks down from the proposed site. One is Gales and the other is a Canadian Tire gas station. Is it really necessary to have another one constructed? My son is not yet old enough to walk to school but will be able to in a few years time. Having him cross over Thorold Stone Road as it is now is a scary thought but to add a gas bar to an area where children walk to school seems very dangerous to me. The way people drive in and out of gas stations can be very unsafe. An adult would be cautious while walking in front of the driveway sections but you cannot expect that same type of caution from elementary children. Please reject this developer's request for an amendment to re-zone so that a gas bar cannot be constructed at the proposed location. Respectively yours, 'loony Mancuso APR 0 1 2014 Anilri!raC_ Plann4ng Scanned Ale: Vri rA:4 _ City of Niagara Falls —" r V t L.,i ATfN:Alex Herlovitch, MOP, RPP R E' '' . ' 4310 Queen Greet MAR 2 apt Niagara Falls, Ontario L2E6)6 PLANNING March 25, 2014 ^ Anthony M art uocio 4139 Mar Road Niagara Falls, Ontario L2H1S7 It 8267 Thorold aone Fbad(Assessment Roll No.: 2725-100-003-07900) Zoning By-law Amendment Application-Oty Fie: AM-2013-018 Applicant: Charles Dyer Opposition to the proposed Zoning Amendment Dear Mr. Herlovitch My name isAnthony Martuodo and I am a concerned resident, parent and neighbour, at so many levels, about the above mentioned proposed zoning amendment. I live in the general area of the proposed development and my children attend a.Vincent DePaul Elementary School which is directly adjacent to the proposed development. While I am one that believes in encouraging new businesses and developments within the community, I am also a strong believer in supporting the RIG-Ttype of developments, ones that will enhance the overall surrounding environment while maintaining a safe and healthy environment. I do not believe that this type of development is what we should be supporting as a community due to the proximity of the proposed gas bar to an elementary school and the surrounding residential dwellings. We should all have grave concerns on the negative effects that this type of development will have on the adjoining sensitive uses. I understand that the current zoning for the vacant land is a Neighbourhood Cbmmerdal zone and that this zoning does not allow for a gas bar. Obviously,when the Oty originally determined this zoning for the area they had concerns with the compatibility issues of certain developments with the neighbourhood. What has changed from then to now that would make a gas bar a more compatible use, now that there is a school immediately adjacent to the land and the fad that 99%of the adjacent properties are residential? The proposed gas bar will not be servicing the neighbourhood but the through traffic on Thorold Sone Fbad. Based on this alone, I cannot understand why this development and zoning amendment is even being entertained. There are two gas stations just over 1 kilometer down the road, in a commercial zone, which service this community. I am also interested in understanding how this proposal conforms to the Oty's Official Ran? To date, I still have not received a satisfactory answer to this question. The traffic in the area of this proposed development is already an absolute mess in the mornings, evenings and during special events at the school due to the amount of traffic that is generated by parents and busses dropping off or picking up students from school, creating an overall unsafe environment. The introduction of additional trafficfrom a gas bar will only make things t much ch worse. There is absolutely no way that an additional driveway from the proposed gas bar onto Kalar Road could be safely accommodated without affeding the school's entrance and the overall intersedion at Kalar Finad and Thorold Bone. Also,this additional driveway onto Kalar Finad will unnecessarily increase risk to children and parents that walk to school. Has a traffic study been done in this area to analyse all of the traffic movements from the proposed gas bar,the school and in the intersedion? Has a pedestrian count been done to count the number of students that walk aaossthis section of sidewalk? If no,why not?What are the results of such a comprehensive study? How will these results be addressed and who will be responsible for the upgrades? Probably, most important of all, are the health risks that this type of development will have on the young children at the school and the adjacent residents The proposed gas bar is directly adjacent to an elementary school with minimal buffer. Bien worse is that fad that the area where the younger children in the a$Pdasses play is on the side of the school dosed to the proposed gas bar. Prolonged exposure to the chemicals that are in gasoline can increase an individual's risk of cancer and other respiratory diseases. This is not the type of environment I would want my children, or anyone's children, exposed to. The Niagara Ft=gion is already known to have one of the highest rates of cancer in Ontario, if not all of Canada,therefore I would hope that we make the right derision to help improve this statistic. Environmental pollution is another area of concern with the proposed gas bar. There will be in increase in air pollution from the exhaust of the vehides and the odours from the gasoline. There will be continuous light pollution from the lighting in the canopies and the signs,which will be a real nuisance for the adjacent residents. There will be an increase in noise pollution from the increased traffic around that proposed gas bar. There will also be the increased risk of contaminated soil in a residential area from the possible leakage of gasoline from the underground gasoline storage tanks and the continuous spillage from the filling of cars All of these fadorswill result in added health risks to the community surrounding this development. I am not one that likes to complain but this is one situation where I cannot remain quiet. I an not the only parent or resident that sharesthese concerns but based on the e information this amendment.in I�s letter I cannot understand how an educated staff or coundl can app 9 prepared to raise this concern to the O.M.B. if coundl and staff do not make the right derision. The residents of this area currently live in a safe and healthy community and I would hope that staff and coundl make the right decision to help us in maintaining this environment. Thank You for your consideration, Anthony Martuodo Dean Iorfida From: Alex Herlovitch Sent: Thursday, March 27, 2014 12:31 PM To: 'Anthony Martuccio';Jim Diodati; Shirley Fisher; ioannini @niagarafalls.ca; Vince Kerrio Overlooking the Falls Account; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo;Wayne Thomson Fallview Account;Janice Wing Cogeco Account; Council Members Cc: john.crocco @ncdsb.com; Dean Iorfida Subject: RE: Opposition to Zoning Amendment Dear Mr. Martuccio Your clarification is much appreciated. Thank you. Alex Alex Herlovitch Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521, ext. 4231 Fax 905-356-2354 aherlovitch @niagarafalls.ca From: Anthony Martuccio [mailto:anthony.martuccio @sympatico.ca] Sent: Thursday, March 27, 2014 12:29 PM To: Alex Herlovitch; Jim Diodati; Shirley Fisher; ioannini @niagarafalls.ca; Vince Kerrio Overlooking the Falls Account; Bait Mayes Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account; CouncilMembers Cc: john.crocco @ncdsb.com; Dean Iorfida Subject: RE: Opposition to Zoning Amendment Dear Mr. Herlovitch As mentioned in the letter, my concerns are with the gas bar and not the uses permitted in the Neighbourhood Commercial Zoning. A convenience store would be more then welcome in the neighbourhood, however the negative effects of a gas bar are not welcome. Residents in this immediate area would only need gasoline when travelling a certain distance out of the neighbourhood and those services are provided in the Commercial Zone that is just over 1 kilometer away, an area that is properly zoned for those services. The developer is not relying on servicing this immediate neighbourhood to make his gas bar successful but on the traffic that travels Thorold Stone Road. My issue is with the compatibility of the proposed development with the surrounding neighbourhood. As for the traffic study, when I called to talk to planning it was made quite clear that the study was only for the gas bar and not to the entire intersection, the school and the gas bar. Not sure why you would consider a study with such a narrow scope even relevant in analysing the traffic issues that already exist at this intersection and general area. Also, from what I was told, the study did not include a pedestrian count to look at the negative affects the additional traffic would have for the students and parents travelling to school. It is the scope of the traffic study and not who did the traffic study that is my concern. If you would like to discuss my concerns in further detail, please feel free to contact me by email or on my work cell at (905) 980-4054. Regards, Anthony Martuccio From: Alex Herlovitch [mailto_aherlovitc_h @niagarafalls.ca] Sent: March-27-14 11:39 AM To 'Anthony Martuccio'; Jim Diodati; Shirley Fisher; ioannini @niagarafalls.ca, Vince Kerrio Overlooking the Falls Account; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account; CouncilMembers Cc: john.crocco @ncdsb.com; Dean Iorfida Subject: RE: Opposition to Zoning Amendment Dear Mr. Martuccio Thank you for your comments which will be included among the submissions we have received on this application. We include all public comments in the Planning Report to Council together with the Official Plan policies. This message also serves as a follow-up to the voice message I left on your home and office phones yesterday in response to your telephone message left the day before. In your third paragraph you ask about the Official Plan policies and in the next paragraph you ask whether a traffic study was done. In summary, the lands are designated Residential in the Official Plan which allows for neighbourhood commercial uses as ancillary uses. A convenience store is to be located on the lands and the owner is seeking permission to have a gas bar as well. Ancillary uses are to primarily serve area residents and shall be conveniently and appropriately located. Gasoline is used by many residents on a daily basis and the site is located at the intersection of two arterial roads. Also, the policies require ancillary uses with the potential of generating a significant amount of traffic to generally locate on major collector or arterial roads to minimize disturbances to area residents. The roads are classified as arterial roads in the Official Plan. A traffic study was prepared by a qualified professional and submitted by the owner. That study concluded that the gas bar will not generate a significant number of new vehicle trips. Please let me get in touch if you have further questions. Alex Alex Herlovitch Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521, ext. 4231 Fax 905-356-2354 aherlovitch�a niagarafalls ca From: Anthony Martuccio [mailtoanthony.martuc_cio @sympatico.ca] Sent: Wednesday, March 26, 2014 7:39 PM To Alex Herlovitch; Jim Diodati; Shirley Fisher; ioannini@niagarafalls.ca, Vince Kerrio Overlooking the Falls Account; Bart Maves Cogeco Account; Joyce Morocco; Victor Pietrangelo; Wayne Thomson Fallview Account; Janice Wing Cogeco Account; CouncilMembers Cc: john,crocco_Oncdsb.com Subject: Opposition to Zoning Amendment 2 Dear Mr. Herlovitch and Members of Council Please find attached my letter in opposition to the proposed zoning amendment for the proposed gas bar at 8267 Thorold Stone Road. I find it extremely disturbing that the City of Niagara Falls and its' representatives would even entertain the thought of placing a gas bar adjacent to an elementary school and in the middle of a residential neighbourhood. Please read the attached letter which outlines my concerns and comments with regards to the proposed zoning amendment. I would hope that the decision makers for the City would take these comments into serious consideration before allowing this development to proceed any further. Regards, Anthony Martuccio www.niagarafahs.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 3 PBD-2014-19 Niagara/alls April 8, 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-2014-19 AM-2014-002, Zoning By-law Amendment Application 5927 Thorold Stone Road Applicant: Dr. Anthony Giallonardo Agent: Michael Allen, ACK Architects Proposed Clinic RECOMMENDATIONS That Council approve the Zoning By-law amendment application to rezone the land General Commercial (GC) to permit a variety of commercial uses, including a clinic, on the property conditional upon a 1.8 metre (6 ft) high wood fence being installed along the west and north property line. EXECUTIVE SUMMARY Dr. Anthony Giallonardo has applied to amend Zoning By-law No. 79-200 for the land known as 5927 Thorold Stone Road. A General Commercial (GC) zone is requested to permit a variety of commercial uses on the property. The applicant has immediate plans to establish a clinic within the existing building. The amendment is recommended for the following reasons: • The City's Official Plan designates the front portion of the land Major Commercial and the rear portion Residential. The proposal to use the entire property for commercial purposes is within the intent and purpose of the Official Plan; and • The proposed GC zoning of the property and its future use for commercial purposes will provide a better gradation in intensity of land uses between the residential properties to the north and west and the industrial properties to the east, and will provide a more compatible arrangement of land uses. BACKGROUND Proposal A Zoning By-law amendment is requested for a 0.46 hectare (1.1 acre) parcel of land known as 5927 Thorold Stone Road, as shown on Schedule 1. The amendment is requested to permit a medical clinic to locate within the existing building. Schedule 2 shows details of the existing development. The land is zoned General Industrial (GI) in accordance with Zoning By-law No. 79-200 which does not permit commercial uses. The zoning of the land is requested to be changed to the General Commercial (GC) zone which permits a variety of commercial uses including a clinic. Site Conditions and Surrounding Land Uses The subject land is occupied by a multiple unit industrial building comprised of an automotive April 8, 2014 - 2 - PBD-2014-19 garage, a contractor's shop and a photographer's studio. Tower Plumbing and Heating was formerly located in the front unit of the building. A townhouse complex is located to the west. Single detached dwellings are located to the north. An industrial complex (the former Ohio Brass plant) is located to the east. An automobile dealership is located to the south. Circulation Comments Information regarding the proposed Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Regional or Provincial perspective. • Building Services No objections to the rezoning. All required Building Permits are to be obtained prior to commencement of construction. Development Charges (if any) and requirements for a Designated Substances and Hazardous Materials Survey will be assessed at the Building Permit stage. • Fire Services, Legal Services, Niagara Falls Transit, Transportation Services, Parks Design, Municipal Works No objections to the rezoning. • Area Neighbours A letter prepared by the neighbours who attended the open house is included in Council's agenda. They have concerns about the condition of the property and a fence. Neighbourhood Open House A neighbourhood open house held on March 5, 2014 was attended by two neighbours. Although the neighbours indicated they had no objection to the proposed rezoning, they had concerns with the storage of discarded building materials and vehicles in the rear yard of the property and the condition of the fence along the rear lot line of the subject property, abutting their properties. They requested the yard be cleaned up the wood fence restored to good repair with sufficient height to screen the subject lands. The applicant's architect indicated that these matters would be addressed in due time. ANALYSIS 1. Official Plan The City's Official Plan designates the front of the subject land Major Commercial and the rear portion Residential. The land is part of the Stamford Retail District that is intended to provide a full range of retail outlets, personal service shops, medical services and office space to serve the City. This District is intended to be a principal shopping district providing a full range of uses to meet the weekly shopping requirements of residents. Minor adjustments to the land use boundaries are allowed by the Official Plan provided the intent of the Plan is maintained. Interpreting the Major Commercial designation to April 8, 2014 -3- PBD-2014-19 extend to the north lot line meets the intent of the Official Plan in having land use designations follow established land use patterns. The project conforms with City's Official Plan as follows: - The proposed clinic and other uses permitted under the proposed zoning are permitted under the Major Commercial designation. - Commercial uses would generally be more compatible with the residential uses to the north and west of the lands than the industrial uses the property has historically been used for, and will provide a transition between these residential uses and the industrial uses to the east. - With the cessation of the industrial tenants over time, the development will evolve from an industrial to a commercial one as intended by the Official Plan 2. Zoning By-law The current General Industrial (GI) zoning of the land permits a wide range of industrial uses, but does not permit commercial uses. The zoning of the land is requested to be changed to the General Commercial (GC) zone which permits a wide range of uses including a clinic. These uses would be more compatible with adjacent residential lands than uses permitted under the GI zone. The change to a GC zone will trigger the requirement for the commercial use of the land to meet the general provisions of the zoning by-law.The general provisions of Zoning By- law No. 79-200 require a close-baord fence to be provided and maintained between any property used for non-residential purposes and abutting lands in a residential zone. 3. Property Standards/Clean Yards By-laws The concerns of the neighbours with respect to the discarded building materials and vehicles in the rear of the property can be addressed by enforcement of the Property Standards or Clean Yards By-laws. The subject lands have just been acquired by the applicant, who has indicated that he will be addressing this issue. These property standard matters should be addressed promptly and an inspection conducted by Staff to ensure the City's standards are met. CITY'S STRATEGIC COMMITMENT The proposal is in line with the Economic Vitality strategic priority in that it supports and fosters growth in the small business sector. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 1 Ken Todd, Chief Administrative Officer A.Bryce:bl Attach. S:\PDR\2014\PBD-2014-19,AM-2014-002, 5927 Thorold Stone Road.wpd April 8, 2014 -4- PB0-2014-19 SCHEDULE 1 LOCATION MAP Subject Land - l 2 _y .. 1 2353 n -._ `PNCU DR 00. it . n v Si MARYS S. z z x D THOROLD STONE THOROID STONE RD - 7:1 ■ Amending the Zoning By-law No. 79-200 February 2014 Location: 5927 Thorold Stone Road Applicant: Dr. Anthony Giallonardo AM-2014-002 April 8, 2014 -5 - PBD-2014-19 SCHEDULE 2 I1I , n ri + I 116 • • V 1 ~ A 1 - T -IOROLC > ' OhE RO AC all lanning P --1 API-2 C I if-WI SC811170 Dear Director of planning, Building & Development March 5th 2014 z ' I -. .- r.-------4 :z -- 1 • i,.... 1---_n 1-% /„ • , .0 • x ___, • ..... ,...___ ..-------L. r----1-- . -----., ' t---.7---, trii35.7Y ‘ ------H . J___ ._.--- - > _____4 ___I----4, t -----i-----1 7 1.--- i_ __i_ __, ,,..--ti . . . rr . ! / if • 1 I • ---. , I • 1 1 i , t 1 ; i ' <' 1 • ,.....)_-"Cock DR ..--- : 1:' —r—7- : ■ i I :“.____—z i i 1 - ' e. _____ -4.„_—___:,&c, I > : • ' .1 .1: 1 .1 1 : 1 , ,i ! i i i • --: : / 1 , ST MARYS -1. • ”. \ r-1- 1 , 1 1.,,,7-7,;..1: , :v.t.J:.; , .4 : 1 i • cez .-• :.-, i Lil 3, 4,,.. i t ..,..„,.. i i i I i 2. __Li i It .tc;'‘ _ _ , ,i.h„ _ ___.—L' .____,1-------- ..___—_ T140. ROLD STONE THOROLD STONE RD 1 r r I !i I , fi 1 z, . , 7s I 11 1 1 0 1 i t 2,1 if I r • 1 , - . C-. • • ' I ! / i ! • < I ‘I j _I L I / r _ i 1 i r I > 73 I I 0 , > i --------4 i: . . . , 1 , . . _,. This Letter is in regarding the Assessment roll no 2725-040-003-14800. We have questions and privacy concerns about our home at 5992 Orlando drive, which is directly connected to the property in zoneing By-Law 79-200. When we moved in there about 5 years ago, the privacy fence was collapsing along the property line. At that time Tower heat and Plumbing was in busniess and i believe owns the plaza. of A f .,,� �Ve i;j:r_"` ,ft. i. °' - u:{t `777}y1 iw't: ,,,, �• i2 A p. py4y .V. I frektt . , The contractors trucks MEDCON with long pipe parts and ladders on tops of them were backing up in the parking and hitting the fence tipping it over causing damage, I would go outside and prop up the fence and make a repair.to keep it standing. Shortly offer this they stopped using the MEDCON trucks and parked them their against the property line for us to see as a back drop 2 for about 5 years now and never moved them. Then they proceed to place a huge garbage bin in the back co„ rner and also started some kind of scrap metal busniess in the back parking lot. •� at1F.b.f+ 1,y�i 7 ttsk y b o-J 4 y } x Last year Tower heating and plumbing closed its doors and left a huge mess in the space in question. Before they closed I asked the owner to please cleanup the parking lot back there and to remove the no longer used trucks from the property. Finaly I reminded him of the damaged property fence that should be torn down and new proper higher fence be build so that we dont have to see all the junk back there and have true privacy. We are still waiting. With Zoning BY-law, increased traffic and hours of operation of the new General commerical Zone. We are asking for a new proper higher fence which will block all the noise and keeps everything serparate for peace and quiet and privacy for our lives and dwelling. 3 Ac-a0Y1. 1130 t a �' m m co 0 r C —1 O Z co tll '64 :II '%' are ar< .<exxeA NIALARA fAW The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the Association of Municipalities of Ontario (AMO) is a non-profit organization representing almost all of Ontario's 445 municipal governments; and WHEREAS the annual AMO Conference (the "Conference") in August is the preeminent conference for municipal politicians and administrators; and WHEREAS the Conference attracts 2200 attendees,not to mention support staffand spouses to a community; and WHEREAS the host community's obligations are to provide volunteers,local shuttle transportation between hotels, study tours, companion program, sponsorship for a welcome reception and greetings from the Head of Council; and WHEREAS the City ofNiagara Falls can fulfill the requirement of a minimum of 2,200 guest rooms per night for three nights; and WHEREAS the Scotiabank Convention Centre (SCCC) is an 18,000 square metre facility with 100,000 square feet of exhibition space, fully capable of hosting the conference; and WHEREAS Niagara Falls and the SCCC are hosting the 2015 conference. THEREFORE BE IT RESOLVED that the Niagara Falls City Council supports bids for our community to host the AMO Conference from 2018 to 2020; and FURTHER BE IT RESOLVED that the Niagara Falls City Council approves the contribution of up to $80,000 annually for the host community's responsibilities; and FURTHER BE IT RESOLVED that City staff work with Niagara Falls Tourism,the Scotiabank Convention Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Celebrate Old Downtown Community Corporation Chair: Beth McMillan 4660 Queen Street Niagara Falls, ON L2E 2L8 City Clerk's Office 4310 Queen Street Niagara Falls, ON L2E 6X5 April 3th, 2014 Attention: Mr. Dean lorfida Dear Mr. lorfida, We are submitting a Special Occasions Permit (SOP) application to the Alcohol and Gaming Commission of Ontario (AGCO) in order to obtain an SOP for the upcoming "Springlicious" Food-Fun-Music festival in Niagara Falls. The event will be held on the following dates: May 30th, 31st and June 1st 2014. The AGCO requires that we obtain a letter of non-objection (letter of approval) from your office for the SOP. Could you please provide the AGCO the above-mentioned letter on our behalf as well as a copy to us for our records? Thank you in advance. If you have any questions or concerns please feel free to contact me at your earliest convenience. Kindest Regards, Beth McMillan Celebrate Old Downtown Community Corporation Chair: Beth McMillan 4660 Queen Street Niagara Falls, ON L2E 2L8 City Clerk's Office 4310 Queen Street Niagara Falls, ON L2E 6X5 April 3th, 2014 Attention: Mr. Dean lorfida Dear Mr. lorfida, We are submitting a Special Occasions Permit (SOP) application to the Alcohol and Gaming Commission of Ontario (AGCO) in order to obtain an SOP for the upcoming "Music In The Park" event in Niagara Falls. The series will be held on the following dates: June 6tH 13tH 20th, July 11tH, 18tH 25th August 1st 8th and 15tH. The series will be held on the City Hall front lawn. The AGCO requires that we obtain a letter of non-objection (letter of approval) from your office for the SOP. Could you please provide the AGCO the above-mentioned letter on our behalf as well as a copy to us for our records? Thank you in advance. If you have any questions or concerns please feel free to contact me at your earliest convenience. Kindest Regards, Beth McMillan Celebrate Old Downtown Community Corporation Chair: Beth McMillan 4660 Queen Street Niagara Falls, ON L2E 2L8 City Clerk's Office 4310 Queen Street Niagara Falls, ON L2E 6X5 April 3`d, 2014 Attention: Mr. Dean lorfida Dear Mr. lorfida, We are submitting a Special Occasions Permit (SOP) application to the Alcohol and Gaming Commission of Ontario (AGCO) in order to obtain an SOP for the upcoming "Canada Day Festivities" event in Niagara Falls. The event will be held on the following dates: June 30th & July 1st The AGCO requires that we obtain a letter of non-objection (letter of approval) from your office for the SOP. Could you please provide the AGCO the above mentioned letter on our behalf as well as a copy to us for our records? Thank you in advance. If you have any questions or concerns please feel free to contact me at your earliest convenience. Kindest Regards, Beth McMillan ® I II tirL‘ ;SW CITY Of... %WS.CPMCOd NIAGARA FAit The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Springlicious ("the event') is an annual food, wine and beer expo that promotes the City's downtown businesses; and WHEREAS the event is scheduled for May 30 to June 1, 2014; and WHEREAS the event is being organized by Celebrate Old Downtown Community Corporation("COD"). a not-for-profit organization; and WHEREAS COD will be requesting a road closure for Queen Street; and WHEREAS to obtain a Special Occasion Liquor Licence(SOP)from the Alcohol&Gaming Commission of Ontario(AGCO),the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS COD would like to again apply for an SOP that would permit patrons to the event to travel along the closed road with alcohol; and WHEREAS the event is significant as it annually provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Council consents to Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the seventh annual Springlicious as an event of municipal significance and supports the provision ofa Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR in ir Z „ f UTY Or. •G■N}GA _NIAGARA r k$- The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS The Downtown Board of Management (BIA) and Celebrate Old Downtown (COD), representing the businesses on Queen Street, have a number of events planned for the summer; and WHEREAS again this year, the City's Canada Day Festivities will happen on Queen Street; and WHEREAS the Canada Day Festivities provide significant exposure to the City's Downtown core. WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and THEREFORE BE IT RESOLVED that Niagara Falls City Council supports the provision of a Special Occasion Liquor Licence(SOP) for the Canada Day Festivities(June 30-July 1)for this event of municipal significance. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR I °" I arr aR� (11. .cnxaoi HIALARA FAkY The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS The Downtown Board of Management (BIA) and Celebrate Old Downtown (COD), representing the businesses on Queen Street, have a number of events planned for the summer; and WHEREAS one of the events is the"Music in the Park"event(the"event")held at Centennial Square in front of City Hall; and\ WHEREAS this is the third year for the event; and WHEREAS the event would run on nine (9) Fridays between June 6' and August 15"; and WHEREAS the organizers would like to provide beer and wine to the public for the event; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS the event is significant as it provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Niagara Falls City Council consents to Centennial Square being the venue for the proposed music series; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers"Music in the Park"to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR C) 0 E 3 c z n D -I 0 z 0 Dean Iorfida From: James Sticca Sent: Wednesday, March 19, 2014 8:50 AM To: Dean Iorfida Cc: Geoff Holman Subject: Drinking Water Week Proclamation May 4 to 11 2014 Hi Dean, Could you please put on the agenda for the April 8th Council meeting, a request asking Council to proclaim May 4th to 11th as Drinking Water Week. For more than 30 years, the American Water Works Association (AWWA) and its members including the Ontario Water Works Association have celebrated Drinking Water Week as a unique opportunity for both water professionals and communities they serve to join together to recognize the vital role water plays in our daily lives. Celebrate this exciting week by taking time to learn more about your water and how you can protect it. This vital resource should be appreciated for what it is and preserved in its purest form for present and future generations. Thank you, James Sticca, C.E.T DWQMS Coordinator Environmental Services City of Niagara Falls 905-356-7521 ext 6520 905-353-8612 (Fax) jsticca©n iagarafalls.ca <t`✓�Y BREAKING NEWS Date: February 7, 2014 Recent Developments in Joint and Several Liability - Municipal Action Needed Two recent developments are worthy of the immediate written support of municipal councils and municipal solicitors. The first is a private member's resolution introduced by Randy Pettapiece, MPP for Perth- Wellington. It calls on the government to implement comprehensive reform to joint and several liability by June 2014. Debate on this motion is scheduled for February 27, 2014. While a resolution of the Ontario Legislature is not a specific legislative plan, it does capture the spirit of municipal concerns. Mr. Pettapiece has written directly to all councils seeking your support; AMO encourages your reply. Of immediate significance, the Ministry of the Attorney General has recently written to members of the legal community seeking their input on two specific proposals under consideration. Feedback is due by February 14, 2014. The proposals include a modified version of proportionate liability that applies in cases where a plaintiff is contributorily negligent (the Saskatchewan model). Also under consideration is a limit on awards such that a municipality would never be liable for more than two times its proportion of damages (the Multiplier model). AMO supports the adoption of both of these measures. This is a positive development for municipalities and a step in the right direction. The adoption of both reforms would be a significant incremental step to addressing a pressing municipal issue. The written support of municipal councils and solicitors is requested. Below is a draft letter for municipalities to submit to the provincial government by February 14, 2014. Please add your voice of support. As you know, municipal governments have long advocated for liability reform because the legal regime of joint and several liability makes municipalities and property taxpayers an easy target for litigation. It has been two years since AMO conducted the first ever municipal insurance survey, which found that municipal liability premiums had increased 22 per cent over 5 years and 4 years since AMO presented a comprehensive report detailing municipal challenges to the Attorney General. We have argued for some time that the heavy insurance burden and legal environment is unsustainable for Ontario's communities. AMO Contact: Matthew Wilson, Senior Advisor, m c - 416.971.9856 ext. 323. A td The Honourable John Gerretsen Attorney General McMurtry-Scott Building 720 Bay Street - 11`h Floor Toronto ON M7A 259 Dear Attorney General: [I or we] support the government's consideration and adoption of measures which limit the punishing impact of joint and several liability on municipalities. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. Other jurisdictions have recognized the current model of joint and several liability is not sustainable. It is time for Ontario to do the same. If this situation continues, the scaling back on public services in order to limit liability exposure and insurance costs will only continue. Regrettably, it will be at the expense of the communities we all call home. For this reason, [I or we] support the adoption of both models under consideration as a significant incremental step to addressing a pressing municipal issue. Sincerely, Name cc: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing Dean Iorfida From: AMO Communications <communicate @amo.on.ca> Sent: Tuesday, March 04, 2014 6:07 PM To: Dean lorfida Subject: AMO Breaking News - Joint and Several Liability TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL March 4, 2014 Legislature Supports Motion on Municipal Liability Reform — More Municipal Action Needed On February 27, 2014. MPPs from all parties supported a motion calling on the government to reform joint and several liability. Passage of this resolution marks a significant milestone in the municipal campaign for reform. Now that the issue has captured the attention of the Legislature, it is time for your municipality to consider the endorsement of a more detailed legislative solution. Nearly 200 municipalities supported the motion introduced by Randy Pettapiece, MPP for Perth- Wellington which called on the government to implement a comprehensive, long-term solution no later than June 2014. Many more also wrote to the Attorney General, the Honourable John Gerretsen in response to AMO's February 7, 2014 call for support. Currently, the Ministry of the Attorney General is consulting municipalities and the legal community on a comprehensive long-term solution. The Ministry describes three options below: The Saskatchewan model: This modification to joint and several liability was adopted in Saskatchewan in 2004. Under the Saskatchewan model, where there is a shortfall due to one defendant being insolvent and the plaintiffs own negligence contributed to the harm, the shortfall is to be divided among the remaining defendants and the plaintiff in proportion to their fault. This model would apply to all types of defendants in all types of negligence claims. The Multiplier model: In road authority cases (auto accident cases in which a municipality is sued for breach of duty to maintain a public road), where there is a shortfall due to one defendant being insolvent, the municipality would never be liable for more than two times its proportion of damages, even if this means that a plaintiff does not fully recover. Because this rule has the potential to result in a seriously injured plaintiff being unable to fully recover, the proposal would be limited to municipalities and to the specific subset of cases that municipalities tell us impose the most significant and unfair burden—road authority cases. The Combined model: The Saskatchewan model and the Multiplier model could be combined. In a case in which both models would apply—a road authority case involving contributory negligence on the part of the plaintiff—the Saskatchewan model would be applied first. The Multiplier model would be applied if needed to ensure that the municipality would not be liable for more than two times its proportion of damages. 1 AMO supports the adopted of the "Combined model" listed above. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances. It is a significant incremental step to address a pressing municipal issue. The Ministry of the Attorney General is seeking your comments by April 16, 2014. We urge all municipalities to express their support for this combined model. This includes municipalities which supported either the Pettapiece motion or AMO's form letter of February 7, 2014. Below is a draft letter for municipalities to submit to the provincial government by April 16, 2014. Please add your community's voice of support to this solution. The I Ionourable Kathleen Wynne Premier of Ontario Legislative Building - Room 281 Queen's Park Toronto ON M7A 1A1 The Honourable John Gcrrctscn Attorney General McMurtry-Scott Building 720 Bay Street— 1 1th Floor Toronto ON M7A 2S9 The Honourable Linda Jeffrey Minister of Municipal Affairs and Housing 777 Bay Street - 17th Floor Toronto ON MSG 2E5 Dear Premier, Attorney General, MMAH Minister: [I or we] support the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities. Specifically, we understand three options are under consideration—the Saskatchewan Model, the Multiplier Model, or a third model which combines both. I write to you in support of this third Combined Model as described by AMO's March 4, 2014 policy update. We support AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances. The provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake. For this reason, [I or we] support the adoption of the Combined Model under consideration. We strongly encourage the government to immediately proceed with legislation which gives effect to this model. Sincerely, 2 = CITY OF PORT COLBORNE Municipal Offices M 66 Charlotte Street Port Colborne, Ontario PORT COLBORNF. L3K 3C8 www.portcolborne.ca COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION March 27, 2014 The Honourable Kathleen Wynne Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Premier Wynne: Re: Request for Support Calling on the Government to Reform Joint and Several Liability - Support of the "Combined Model" Please be advised that, at its meeting of March 24, 2014, the Council of The Corporation of the City of Port Colborne resolved as follows: WHEREAS the Council of The Corporation of the City of Port Colborne supports the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities. Specifically, the City understands three options are under consideration — the Saskatchewan Model, the Multiplier Model, or a third model which combines both; AND WHEREAS the Council of The Corporation of the City of Port Colborne supports this third Combined Model as described by the Association of Municipalities of Ontario's (AMO's) March 4, 2014 policy update; AND WHEREAS the Council of The Corporation of the City of Port Colborne supports AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances; AND WHEREAS the provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake; NOW THEREFORE THE CORPORATION OF THE CITY OF PORT COLBORNE RESOLVES AS FOLLOWS: .2 Telephone: 905-835-2900 E-mail: ashleygrigg @portcolborne.ca Fax: 905-834-5746 Letter to the Honourable Kathleen Wynne (cont'd) Page 2 THAT the Council of The Corporation of the City of Port Colborne supports the adoption of the Combined Model under consideration and strongly encourages the government to immediately proceed with legislation which gives effect to this model; AND FURTHER THAT The Honourable Kathleen Wynne, Premier of Ontario, The Honourable John Gerretsen, Attorney General, The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, Local Area Municipalities and the Region of Niagara, be so notified. Your favourable consideration of the above resolution is respectfully requested. Sincerely, Ash - rigg City Clear"- cc. The Honourable Madeleine Meilleur, Attorney General The Honourable Bill Mauro, Minister of Municipal Affairs and Housing Association of Municipalities of Ontario ‘/Local Area Municipalities Region of Niagara Telephone: 905-835-2900 E-mail: ashleygrigg @portcolborne.ca Fax: 905-834-5746 YMCA of Niagara 43 Church Street,Suite 104 St. Catharines, ON L2R 7E1 905 646 9622 ymcaofniagara.org Dear Mr. Dean lorfida and Niagara Falls City Council Members, The YMCA Kate S.Durdan/Loretto Child Care program is looking to host a family skate/ social to create awareness and raise money for the YMCA Strong Kids Campaign. We are looking to see if we can get 1 hour of ice time at the Gale Centre or the Chippawa Willoughby Memorial Arena and a room to serve refreshments donated towards our YMCA Strong Kids Event. The YMCA Strong Kids Campaign raised over$360 200 last year for children in the Niagara Region to participate in YMCA programs that would not be able to do so otherwise. Last year over 11 350 children participate in a wide variety of programs including YMCA Memberships, YMCA Child Care,YMCA Youth Action and YMCA Day camps because of YMCA Strong Kids funding. YMCA program have a positive impact on children, teens and young adults, dramatically enhancing their health and overall well-being. The economic impact of keeping our kids healthy and active is well proven and documented. I have currently reserved ice time at the Gale Centre on Thursday May 1st at 6:15- 7:15, but if this is not convenient we are looking at running the event any day Monday to Friday, between April 28th to May 9th anywhere from 6:00- 8:00. Thank-you for taking the time to consider our YMCA Strong Kids Event, If you have any questions, please feel free to contact me at 905-354-4555. Elizabeth Caswell, RECE Supervisor YMCA- Kate S. Durdan/Loretto 905-354-4555 Build n9 l�ealh„y c.ommurifie5 Dean Iorfida From: Rob McDonald Sent: Monday, March 24, 2014 2:55 PM To: Dean Iorfida; Kathy Moldenhauer Subject: RE:Ice Time Donation Attachments: ymca 7572.pdf Eli Dean, Attached is the contract for the hour of ice being requested by the YMCA. The total for the hour of ice and 2 hours in the room is $259.40 including tax. If this is approved we will have to advise them that they have to go through our food provider here at Gale for any food or refreshments they plan on serving. Please let me know if you have any questions? Rob McDonald Manager of Community Relations &Customer Service Gale Centre City of Niagara Falls 4171 Fourth Avenue - L2E 0A2 905-356-7521 Ext. 3340 From: Dean Iorfida Sent: March-21-14 10:41 AM To: Kathy Moldenhauer; Rob McDonald Subject: FW: Ice Time Donation If you can provide some comments and I'll bring forward the request at the April 8th meeting. Thanks Dean From: Durdan Loretto YMCA Child Care Centre [mailto:durdanloretto @ymcaofniagara.ca] Sent: Friday, March 21, 2014 10:39 AM To: Dean Iorfida Subject: RE: Ice Time Donation Yes we have tentatively booked May 1s`at the Gale Arena. I also realized that I forgot to attach the letter Thank-you Elizabeth Elizabeth Caswell, RECE Supervisor t YMCA of Niagara, Durdan Loretto Child Care Centre 6855 Kalar Rd, Niagara Falls, Ontario, L2H 2T3 T: 905-354-4555 E: durdanloretto @ymcaofniagara.ca ymcaofniagara.org Facebook Twitter From: Dean Iorfida [mailto_diorfida @niagarafalls.ca] Sent: March-21-14 10:35 AM To: 'Durdan Loretto YMCA Child Care Centre' Cc: Rob McDonald; Kathy Moldenhauer Subject: RE: Ice Time Donation Elizabeth: Was there a specific date you were looking at? Thanks Dean From: Durdan Loretto YMCA Child Care Centre [maiI Ito_durdanloretto @ymcaofniagara.ca] Sent: Friday, March 21, 2014 10:31 AM To: Dean Iorfida Subject: Ice Time Donation Dear Mr. D. Irofida I am sending you a request letter for the donation of ice time for the YMCA K.S.Durdan—Loretto Child Care Centre Family Skate Strong Kids Event. We are looking to raise money for the YMCA Strong Kids Campaign to help local children participate in YMCA programs. I do apologize for the short notice, but I do need an answer as soon as possible so that we have time to organize the event or find an alternative option if the ice time is not approved. I would greatly appreciate if this could be brought to the council at the next meeting. Thank-you Elizabeth Caswell, RECE Supervisor YMCA of Niagara, Durdan Loretto Child Care Centre 6855 Kalar Rd, Niagara Falls, Ontario, L2H 2T3 T: 905-354-4555 E: durdanlorettotaymcaofniagara.ca ymcaofniagara.org Facebook Twitter 2 Arena Services Arena Contract Gale Centre 4171 G G 4171 Fourth Avenue Niagara Falls, ON L2E 0A2 Printed:24 Mar 2014, 02:47 PM 1r 1 c1 n it rata I Is 905-356-7521 Ext. 5600 User:rm330 rentals @ n i a g a ra f a l l s.ca www.niagarafalls.ca Contract#: 7572 User: bp310 Date: 19 Mar 2014 Status: Tentative Recreation & Culture, hereby grants Caswell, Elizabeth (hereinafter called the"Licensee")represented by Elizabeth Caswell, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. iii)Date(s)and Time(s)of Use #of Bookings:2 Starting:Thu 01 May 14 06:15 PM Expected:0 Ending:Thu 01 May 14 08:15 PM Facility/Equipment Day Start Date Start Time End Date End Time Fee XFee Tax Total Gale Centre-Pad 2-Lifetime Thu 01 May 2014 06:15 PM 01 May 2014 07:15 PM $129.56 $0.00 $16.84 5146.40 Financial Planning Gale Centre-Niagara Falls Thu 01 May 2014 06:15 PM 01 May 2014 08:15 PM $100.00 $0.00 $13.00 $113.00 Memorial Community Room iv)Additional Fees v)Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $229.56 $0.00 $29.84 $259.40 $0.00 $0.00 $259.40 $0.00 Rental charges are due according to the following schedule: Date Amount Thursday,May 1.2014 $259.40 vi)Other Information vii)Additional Notes Niagara Falls Memorial Community Room-Gale Centre Pad 2-Lifetime Financial Planning-Gale Centre Page: 1 y �i i EvEBRq), p! i fo g l 0�i 5 moo ,0- wogara Falls 4660 Queen Street, Niagara Falls ON L2E 2L8 P: 905-356-5444 F: 905-356-5667 www.springlicious.ca April 3, 2014 His Worship Mayor Diodati and Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members: Celebrate Old Downtown Community Corp. is a not-profit organization created by the Downtown Board of Management to promote the downtown core through events. Celebrate Old Downtown is planning a number of street events throughout the 2013 year. We will be starting this year with Springlicious, as it was our most successful event of last year. We are requesting that the City of Niagara Falls declare this event on May 305, 31st and June 15t, 2014 "municipally significant". We would like to request the relief of cost associated with the following: Street Closing We are requesting permission for the following street closure: 1. To close Queen Street from Zimmerman Avenue to Ontario Avenue Thursday, May 29th commencing at 5pm. We will require all side streets leading onto Queen Street in this are to be close as well. 2. To close Queen Street from Zimmerman Avenue to the Buckley Ave and Valley Way from Queen Street to Huron Street. We will also require all side streets leading onto Queen to also be closed to ensure Queen Street becomes a pedestrian only area. We would like the closure to commence Friday May 30th at 8 a.m. through Sunday June 1nd until 7p.m. thereby allowing enough time for set-up and teardown for the event. We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Stages We would like to put the main stage at the corner of Erie Avenue & Queen Street on Queen beside the old Roseburg property. The stage will be operating until midnight Friday May 31st, Saturday May 31st and until 7:00 p.m. on Sunday June 1s`, provided that permission has been granted. To accommodate the 1 of 3 G 0 E BRq)e� prin lhcious oao �= Niagara Falls 4660 Queen Street, Niagara Falls ON L2E 2L8 P: 905-356-5444 F: 905-356-5667 www.springlicious.ca main stage, we are requesting the use of the hydro hook-ups near City Hall to power equipment, and request the noise by-law be extended from the 9:00 p.m. to midnight for the Friday and Saturday nights. We are going to have a second stage that will be placed at the intersection of Crysler Ave and Queen Street on Crysler. This stage will be used only for smaller scale bands and children's entertainment. This area will be operational during a similar time as the main City Hall Stage. Cleaning Celebrate Old Downtown and the Springlicious Committee would like to request that the City assist us with a sweeping of the street late at night on the Friday, Saturday and Sunday nights. Water Hook-ups We would like to have the following fire hydrants be made available to supply our food vendors with fresh running water for their booths. 1. Queen Street & St. Clair Ave 2. Queen Street & St. Lawrence Ave Washrooms There will be 14 portable washrooms on site,4 of the units will be handicap/childcare accessible, plus 4 hand washing stations. There will be 4 in the city hall courtyard and the remaining 10 units will be spread out throughout the event venue. There will be a contractor with a pumping truck on site throughout the event to maintain the units. We request that City Hall bathroom be open during the event as well. Parking Permits During the event, vendors and event goers will be occupying all parking spaces on Queen Street and the organizers respectfully request that the City waive any costs for metered parking spaces for the duration of the event. Health Regulations There will be numerous food vendors at this event as it is a food festival. All food vendors will have to submit a completed Niagara Regional Public Health form with their Vendor Application upon being approved to participate in our event. Insurance Niagara Falls Downtown Board of Management will have event insurance in place, as required under the City Special Events Policy. 2 of 3 C 0-ERR'? prmnppioo o a �= n N;ogora Falls 4660 Queen Street, Niagara Falls ON L2E 2L8 P: 905-356-5444 F: 905-356-5667 www.springlicious.ca Food Vendor Licensing Fees Celebrate Old Downtown would like to also request all that food vendor fees be waived since this is an event to promote the Downtown core and as a not for profit organization we will be using the raised monies for the ongoing revitalization of the area. Fire Safety The event coordinators Beth McMillan & Nemanja Kuntos, will meet with the Fire Department to discuss any of their concerns about the event, such as cooking, laneways, electrical and water lines. Emergency Access A minimum of 20 feet in width shall be maintained between all tents, objects, booths, fencing, etc., so as to ensure that in the occurrence of an emergency, the roadway may be opened and emergency vehicles shall have access to the entire closure area. Security There will be a private security company on site; as well as, Niagara Regional Police presence. Sincerely, Beth McMillan Chair Celebrate Old Downtown Community Corp 3 of 3 I�f CITY OF� CANADA - NIAGARA it a_21,4- 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. (Loading Zones, Parking Meter Zones) 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 removing from the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Queen Street South A point 35 metres west of St. Lawrence Avenue and 15 Minute Limit a point 50 metres west of St. Lawrence Avenue Tour Bus Loading and Unloading (2) by adding to the specified columns of Schedule G thereto the following item: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES I DAYS Queen Street South A point 35 metres west of $1.00/ 1 hour 2 hours 9:00 a.m. to 5:00 p.m. St. Lawrence Avenue and $0.25/ 15 min Except Saturdays, Sundays a point 50 metres west of $0.10/6 min and Holidays St. Lawrence Avenue $0.25 minimum payment This By-law shall come into force when the appropriate signs are installed. -2- Passed this eighth day of April, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the payment of$27,925,864.17 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning February 28, 2014 to March 19, 2014. Passed this eighth day of April 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - 63 A by-law to amend by-law 2011-063, a by-law to provide for Council member appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That the by-law be amended to the delete the name, Wayne Gates, replacing it with the name, Shirley Fisher. 2. That the appointments are for the remainder of the 2011 - 2014 term. Passed this eighth day of March, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to authorize the execution of a Memorandum of Understanding for Improving the Planning Function between Niagara Region,the Local Area Municipalities and the Niagara Peninsula Conservation Authority. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement between the Regional Municipality of Niagara,the municipalities of the Niagara Region and the Niagara Peninsula Conservation Authority the planning function, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eighth day of April, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014 APPENDIX I MEMORANDUM OF UNDERSTANDING between The Regional Municipality of Niagara The Town of Fort Erie The Town of Grimsby The Town of Lincoln The City of Niagara Falls The Town of Niagara-on-the-Lake The Town of Pelham The City of Port Colborne The City of St. Catharines The City of Thorold The Township of Wainfleet The City of Welland The Township of West Lincoln The Niagara Peninsula Conservation Authority for Improving the Planning Function in Niagara Part 1 Preamble Introduction This Memorandum of Understanding (hereinafter referred to as MOU) has been developed in response to expected improvements to the planning function in Niagara. More specifically, this MOU is the first step in implementing the directions approved by Regional Council under Report CAO 15-2006 on July 27, 2006 This MOU was collaboratively developed by a representative group of staff persons from the signatory agencies. The MOU 'Team' was created following a call for volunteers representing the Technical Review Committee made up of Niagara Area Planners — the MOU itself was subject to review and refinement by area Planning Directors, area CAOs, the Planning Review Committee (comprised of elected representatives from all signatory organizations), and the respective Councils and Authority Board of the signatory organizations. This MOU is primarily an instrument of improved (and continuously improving) relationship management among the signatories. The alternative approach would have been to create a more regulatory 'how to' document. The consensus of the MOU Team was that a regulatory approach would be too limiting and not encourage the strong emphasis on continuous improvement that is reflected through the relationship management approach that has guided this document. Objectives The Objectives that have informed and guided the development of this MOU are those expressed and approved under Recommendation 1 of Report CAO 15-2006, as follows: • to identify respective roles and reduce duplication with regard to planning functions; • to develop effective, efficient collaborative processes for policy development and development review; • to develop a communication protocol for Regional and Local Planners to work together more effectively and efficiently; and • to hear and understand what the community wants; to ensure that community aspirations are considered and communicated in the planning process: to develop a transparent, easily understood process of community engagement. 2 As further enhancements to those key objectives, the MOU Team identified some specific action-oriented objectives that will guide the immediate MOU and subsequent efforts at continuous improvement. These objectives flow from the Planning Function Review process and are predicated on staging implementation in a reasonable yet aggressive timeframe. To explain, there are some current challenges related to the capacity of some partners to take on additional responsibilities without progressive support, while at the same time, the inconsistencies in planning processes create impediments to meeting the objectives endorsed under CAO 15-2006 (as expressed above). Therefore, the ultimate goal is stated as To have an integrated and seamless planning system that is embraced and easily understood by Councils, the public, applicants and staff that encourages participation in policy development and application processing. An integrated and seamless planning system includes: • The collaborative development of policy to ensure that the planning system is speaking with one voice, • Delegation of responsibility is predicated on regular and current compliance of area municipal comprehensive Official Plans, Secondary Plans and Zoning By- laws with the Regional Policy Plan; • That the Regional Policy Plan be kept current and up-to-date to guide local municipal plan conformity • Ensuring that activities are value added, • Streamlined processes — operate on a one window' functionality; • Appropriate and relevant information for decisions is in the right place at the right time; • Placing authority and responsibility as close to each other as possible; and • Consistency of policy interpretation, implementation and applications processing approaches by all signatories is necessary. The Parties believe that an integrated and seamless planning system for Niagara will be a keystone in the achievement of a single, integrated and seamless planning system as a contribution to a One Voice' agenda. To that end, the Parties believe that the Niagara Planning System will evolve in the direction of common policies for Niagara. This will come about over time as the Parties to this MOU collaborate in policy development. The result of this collaborative process will be a set of policies to which all parties will agree. The focus of the process will be on those matters of interest for which common ground is evident When consolidated, these policies will effectively constitute an integrated planning system speaking with one voice. At the same time, each planning jurisdiction within Niagara will continue to develop and implement 3 planning policies of a distinctly local nature to address matters of local importance, primarily through Secondary Plans, comprehensive zoning. and development control. Authority There are a number of land use policy planning approvals that rightly are addressed at the Regional Municipality level — these will be retained as expressed in the MOU. However, the Council of the Regional Municipality is empowered by The Planning Act to delegate all or parts of its approval authorities to its Area Municipalities subject to such conditions as the Regional Council deems appropriate. Indeed, the Regional Municipality already considers application for exemptions of local Official Plan Amendments (LOPAs) — this MOU will remove the requirement of requesting an exemption for certain types of LOPAs and provide final approval directly to the area municipality. In 1996, the Province of Ontario transferred the responsibility to review planning applications for Provincial interests to the Regional Municipality of Niagara on behalf of the Ministry of Municipal Affairs and Housing, Ministry of the Environment, Ministry of Natural Resources, Ministry of Culture and Ministry of Agriculture, Food and Rural Affairs. The NPCA is an autonomous corporate body established under the Conservation Authorities Act to work in partnership with our member municipalities and the Province to further the conservation, restoration, development and management of the renewable natural resources and hazard lands within the jurisdiction. The NPCA has been actively involved in the municipal planning process since 1979. The NPCA's planning program started out focusing on ensuring that new development is not adversely affected by flood and erosion problems associated with riverine systems as well as the Great Lakes Shoreline. Over time, the Ministry of Natural Resources (MNR) has delegated certain provincial responsibilities to Conservation Authorities. The delegation of floodplain management began in the late 1970's; hazard land management (which includes valleyland management and the management of local areas susceptible to flood and erosion risks) was delegated in 1983; Great Lakes shoreline management was delegated to the NPCA in 1988. In the past, the Conservation Authority implemented regulations governing filling activities in fill-regulated areas, construction activities in floodplains and alterations to waterways. In 1998, the Province amended Section 28 of the Conservation Authorities Act to more clearly specify lands, which could be subject to regulation (including development in and adjacent to valleylands, Great Lakes shoreline flood, erosion and dynamic beach hazards, wetlands and alterations to watercourses). In May 2006, Ontario Regulation 155/06 Niagara Peninsula Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses came into effect. The NPCA has a Level II agreement with Fisheries and Oceans Canada (DFO) to administer the review of projects under section 35(1) of the Fisheries Act which states 4 No person shall carry on any work or undertaking that results in the harmful alteration, disruption of destruction of Fish Habitat' (HADD). Under this agreement. NPCA will assess all proposals within its jurisdiction, regardless of other permitting requirements unless agreed to by DFO under a separate agreement (e.g., Union Gar, some Provincial projects) NPCA screens and processes applications for DFO under the Level II agreement to determine if a HADD will occur as a result of the proposed works. A HADD may occur as a result of any direct or indirect manipulation which changes. alters, disrupts or destroys habitat in or adjacent to the water or which induces probable changes to the conditions of habitat (including, but not limited to, temperature. light. dissolved gasses. water clarity. sediment load and other factors). It is noted that a portion of Grimsby is under the Hamilton Conservation Authority's jurisdiction 5 Part 2 Roles and Responsibilities of Signatories for Policy Planning and Implementation Planning 2.0 General Preamble The Parties agree that successfully meeting the objectives for this MOU will require a collaborative approach to Policy and to Implementation Planning. The signatories are committed to developing Niagara and building good communities. Policy Planning is understood to mean generally those activities of a community planning nature that are conducted pursuant to Parts Ill and IV of The Planning Act. The Niagara Escarpment Planning and Development Act, and The Environmental Assessment Act and are therefore addressed in this MOU. The Policy Planning function also includes collaborative activities identified as Special Studies which the Parties may undertake from time to time. It is further understood that Regional Planning comments on Policy Planning matters will be restricted to matters of Provincial and/or Regional interest and that local planning comments will be restricted to local interests and NPCA comments restricted to natural environment interests as set out in legislation, regulation and/or delegated authority Implementation Planning is understood to mean generally those activities that are conducted pursuant to Parts V and VI of The Planning Act. Similar activities may be conducted pursuant to the development permit provisions of The Niagara Escarpment Planning and Development Act. It is further understood that Regional Planning comments on Implementation Planning matters will be restricted to matters of Provincial and/or Regional interest and that local planning comments will be restricted to local interests and NPCA comments restricted to natural environment interests as set out in legislation. regulation and/or delegated authority 2.0.1 The Parties agree that collaboration in Policy Planning will include the following measures for each Policy Planning project: • pre-consultation with relevant partners prior to project start-up to identify areas of common interest; placement of appropriate representatives on project steering committees; • agreed-to milestone meetings, consultations, and document review; 6 • mutually satisfactory review protocols with shared commitment to timeliness: and • work collaboratively toward sharing GIS files and data. 2.0.2 The Parties agree that the Area Planning Directors and the representative from the NPCA establish a coordinating body, upon approval of this MOU. to identify common Policy Planning interests and projects with a view to formulating a collaborative multi- year Policy Planning program for Niagara Policy Planning The following are the means by which Policy Planning will be conducted by the Parties for specific types of policy planning projects. 2.1 Regional Policy Plan and Amendments (RPPAs) 2.1.1 Approval of the Regional Policy Plan rests with the Province of Ontario. 2.1. 2 Adoption of RPPAs rests with Regional Council 2.1 . 3 Region prepares the Regional Policy Plan, collaboratively with direct involvement of area municipalities and NPCA, prior to releasing a draft Official Plan for public comment. 2.1 . 4 Area Municipalities provide comments based on circulation by the Region. 2.1. 5 The Niagara Peninsula Conservation Authority (NPCA) comments to Region based on provisions of Part 3. 2.2 Area Municipal Comprehensive Official Plans and Non Site-Specific LOPAs 2.2.1 Approval rests with Regional Council (Exemption policy to be reviewed in 2013) 2.2.2 Area Municipality prepares the Comprehensive Official Plan, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Official Plan for public comment. 2.2.3 NPCA provides comments during circulation 2.3 Area Municipal Site Specific Official Plan Amendments For the purposes of this Section, 'site specific' means that the proposal: • is single application on a single property or multiple contiguous properties under single ownership or control; and • does not require a Regional Policy Plan Amendment or Secondary Plan. 2.3.1 Area Municipality approves 2 3.2 Region provides comments during circulation stage and reviews draft Official Plan Amendment prior to adoption. 7 2.3 3 NPCA provides comments during circulation stage, based on provisions of Part 3. 2.4 Secondary Plans 2.4.1 Approval rests with Regional Council. 2.4.2 Area Municipality prepares the Secondary Plan, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Secondary Plan for public comment. 2 4.3 NPCA provides comments during circulation, based on provisions of Part 3. 2.5 Community Improvement Plans 2.5.1 Proponent, either Region or Area Municipality, approves. 2.5.2 Proponent municipality prepares the Community Improvement Plan, collaboratively with direct involvement of Regional Planning. area municipality and NPCA prior to releasing a draft Community Improvement Plan for public comment. 2.5.3 Non-proponent, Region or Area Municipality comments during circulation. 2.5.4 NPCA provides comments during circulation as appropriate based on provisions of Part 3. 2.5.5 Notification of decision and approved Community Improvement Plan sent to non-proponent, either Region or Area Municipality. 2.6 Niagara Escarpment Plan Amendments 2.6.1 Approval rests with Province. 2.6.2 Region comments during circulation. 2.6.3 Area Municipality comments during circulation. 2.6 4 NPCA comments during circulation 2.7 Regional Class Environmental Assessments 2.7.1 Region approves. 2.7.2 Area Municipality comments during circulation. 2 7.3 NPCA comments during circulation, based on provisions of Part 3 2.8 Local Environmental Assessments 2.8.1 Area Municipality approves. 2.8.2 Region comments during circulation. 2.8.3 NPCA comments based on provisions of Part 3. 8 2.9 Special Studies 2.9 1 The principal or lead proponent of any special study is the agency that is responsible for adopting 2.9.2 In the event of joint studies, all proponent agencies adopt. 2.9 3 Relevant partners participate in the process via a collaborative framework that is established at the beginning of the study process. 2.10 Provincial Plans and Policies 2.10 1 Approval rests with Province 2 10 2 Working group of the Area Planners is established for collaborative review 2.10 3 Region provides report on joint response and position with endorsement by area municipalities and the NPCA, as deemed necessary. Implementation Planning Preamble The Parties agree that successfully meeting the objectives for this MOU will involve placing responsibility for Implementation Planning primarily with the Area Municipalities as the legislated/delegated approval authority for such activity. Improvements in Implementation Planning include streamlining of commenting methods and related work processes, as well as engaging in pre-consultation as a means of early identification of important issues: and. minimizing the volume of applications requiring full circulation. Information shall be shared before a pre-consultation meeting to ensure that the parties are prepared for a discussion. The following are the means by which Implementation Planning will be conducted by the Parties for specific types of Implementation Planning activities. 2.11 Comprehensive Zoning By-laws 2.11.1 Area Municipality approves. 2.11.2 Area municipality prepares the Comprehensive Zoning By-law, collaboratively with direct involvement of Regional Planning and NPCA prior to releasing a draft Comprehensive Zoning By-law for public comment. 2.11.3 NPCA comments during circulation. 2.12 Zoning By-law Amendments 2 12.1 Area Municipality approves. 9 2.12.2 Based on Schedule C, Region may comment during circulation. 2.121 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.13 Draft Plans of Subdivision 2.13.1 Area Municipality approves. 2.13.2 Based on Schedule C, Region comments during circulation of new Draft Plans. 2 13.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.14 Plans of Condominium 2 14 1 Area Municipality approves. 2.14.2 Region comments during circulation, for vacant land condominiums and for conversions of rental housing to condominiums, based on Schedule C. 2 14.3 NPCA provides comments upon request by Area Municipality, based on provisions of Part 3. 2.15 Consents 2.15.1 Area Municipality approves. 2 15.2 Based on Schedule C. Region may comment during circulation. 2.15.3 NPCA provides comments upon request by Area Municipality based on provisions of Part 3. 2.16 Minor Variances 2.16.1 Area Municipality approves 2.16.2 Based on Schedule C. Region may comment during circulation. 2.16.3 NPCA provides comments upon request by Area Municipality based on provisions of Part 3 2.17 Site Plan Control 2.17.1 Area Municipality approves. 2.17.2 Based on Schedule C, Region may comment during circulation. 2.17.3 NPCA provides comments upon request by Area Municipality based on provisions of Part 3. 2.18 Niagara Escarpment Development 2.18.1 Region provides comments. upon circulation. 2.18.2 Area Municipality provides comments, upon circulation. 2.18.3 NPCA provides comments, upon circulation. 10 Part 3 Consolidation of the Review of Planning Applications as they Relate to the Natural Environment 3.1 The Niagara Peninsula Conservation Authority shall be responsible for ensuring the proper review of all planning applications for impacts on the natural environment as required by • Municipal planning documents such as the Regional Policy Plan through which the Province implements its requirements under the Planning Act, the Provincial Policy Statement. the Provincial Greenbelt Plan and Places to Grow Plan as they relate to the Natural Heritage and Natural Hazards. In the event of a time lag between Provincial directions given and the incorporation of same into municipal planning documents, reference shall be had to the most recent Provincial direction. • Regulation 155/06 (as amended) under Section 28 of the Conservation Authorities Act. 3.2 The Niagara Peninsula Conservation Authority agrees to prepare and maintain, with the assistance of the Region and Area Municipalities, a Natural Environment Information Map for the Region of Niagara. This map shall define the Region. Area Municipalities and Conservation Authority geographic areas of interest in the Natural Environment as outlined in Schedule A — Criteria for Region of Niagara Natural Environment Information Map. 3.3 In addition to providing comments regarding the Niagara Peninsula Conservation Authority statutory responsibilities, the Conservation Authority shall provide "One Window" comments, in consultation with Regional staff, including Provincial and Regional Plan Review and/or Technical Clearance for those matters outlined in Schedule B — Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment. a) "Plan Review" means: (i) Reviewing development applications (including pre-consultation) under the Planning Act and the Niagara Escarpment Planning and Development Act in a timely manner; (ii) Identifying the need for and review of technical reports: and, (iii) Specifying conditions of approval 11 b) "Technical Clearance" means: (i) Assessing technical reports submitted by a proponent of development to determine if the reports satisfy the requirements specified; and (ii) Clearing the conditions. 3.4 The Region and the Area Municipalities agree to use the Niagara Peninsula Conservation Authority staff as Planning and Technical Review experts to support the Region and Area Municipal natural environment and resource management responsibilities in accordance with Schedules A and B. 3.5 The Niagara Peninsula Conservation Authority will make provisions for staff to attend Ontario Municipal Board Hearings or similar type hearings and judicial proceedings. upon the request of the Region or Area Municipality, with respect to plan review and technical clearance services provided pursuant to this Memorandum of Agreement. The NPCA will provide testimony on the Provincial Review of Natural Hazards, Regulation 155/06. NPCA policies and technical review completed in accordance with this MOU. The Region and/or Area Municipality will be responsible for testimony regarding the interpretation of their planning policies. The Conservation Authority Review and technical clearance work will be funded, for the most part, from Review processing fees paid by the applicant in accordance with the Fee Schedule adopted by the Niagara Peninsula Conservation Authority Board. 3.6 The Region and the Area Municipalities both agree to collect Conservation Authority Review Processing Fees up front, at the time of initial application, in accordance with Schedule B — Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment. 3.7 There will be no planning application Conservation Authority Review fees to provide plan input for those official plans, secondary plans, municipal studies. and watershed and sub-watershed studies, etc. of a policy nature prepared by (or for) the Region and/or Area Municipalities. 12 Part 4 Managing Relationships with Other Governments 4.1 When a planning matter arises in terms of Provincial interest and the administration of same, area municipalities will channel their concerns through the Regional Municipality with the expectation that the Regional Municipality will facilitate/coordinate an understanding between Provincial authorities and local interests. 4.2 When a planning matter arises in terms of Federal interest and the administration of same. area municipalities will channel their concerns through the Regional Municipality with the expectation that the Regional Municipality will facilitate/coordinate an understanding between Federal authorities and local interests. 4.3 Where significant planning matters arise from the efforts and activities of neighbouring municipalities. such as the City of Hamilton and the County of Haidimand in Ontario and Erie and Niagara Counties in Western New York. the signatories will present a unified and singular position with coordination being provided by the Region. Continuous Improvement Efforts as Part of MOU Implementation: Organization and Topics 4.4 Methodology for Continuous Improvement 4 4 1 Area Planning Directors and the NPCA representative from the signatories to this MOU held a workshop on October 10 2013 with the development industry and community stakeholders to further discuss the planning process. improved service delivery better communication and methods to be informed and engaged in planning and development issues in an effort to help address the continuous improvement initiatives as identified in Section 4.5 of this MOU. The workshop was facilitated by LURA Consulting with a summary report prepared that provided the following top three areas for improvement as suggested by stakeholders: - Pre-consultation meetings - Regional, Municipal and NPCA roles and responsibilities - Processing timelines 13 Other areas for improvement identified by stakeholders include: clarifying provincial policy requirements relating to natural heritage (e.g. species at risk), archaeological and noise levels empowering planners to provide creative solutions to land use issues: increasing provincial and regional communication; ensuring that long-range planning is informed and driven by policy: sharing regional and municipal resources. and standardizing systems (particularly application processes and fees). Upon endorsement of the updated MOU, the Area Planners shall prepare a work plan setting out actions and timelines to address these matters along with topics for continuous improvement listed in section 4.5 4.5 Topics for Continuous Improvement Efforts A non-exclusive list of topics for continuous improvement attention, following the endorsement of this MOU, are. in no particular order of importance and have been identified by the Area Planners and through the stakeholder workshop • Designating a specific municipal planner as a "point person" to better manage. facilitate and expedite the application process; • Making pre-consultation meetings more meaningful, in particular by ensuring staff are more prepared and empowered: • Improving access to feature mapping for those who require this information: • Consolidating applications where possible and ensuring consistency in fees, • Introducing an audit or peer review process as part of the development application process to enhance quality assurance; • Creating mechanisms/tools to implement regional policies at the local level (e.g. best practices); • Establishing a collaborative framework to identify which provincial policies should be challenged or changed, and identifying a champion to advocate for this change. • Ensuring that solutions and outcomes are informed and driven by planning, rather than engineering or infrastructure considerations; • Developing and implementing more performance-based policies: • Establishing accountability mechanisms and timelines to phase-in future improvements under the MOU; fleshing out and using service delivery indicators and measures to enable better tracking of progress; and • Training and support for planners and staff, as well as specific "end users" of the planning system (e g developers, consultants, others) 14 Part 5 MOU: Duration and Formal Review 5.1 This MOU shall remain in effect until such time as replaced by an updated MOU (if any) that may result from the mandatory Review that would take place no more than two years from the effective date of this MOU. The MOU may be reviewed at any time before the mandatory review if there is an important issue that needs to be addressed. 5.2 The mandatory Review authorized by Section 5.1, as conducted by Area Planning Directors and the NPCA representative (Technical Review Committee), shall be overseen by the Planning Review Committee (or its successor) with any final recommended changes being subject to full agreement by all signatories hereto. 5.3 Disputes arising from the implementation of this MOU by two or more signatories will be subject to the following stages. Step 1: a meeting between the Chief Administrative personnel of the signatories in dispute will be convened, with the expected outcome being a mediated solution. Step 2. in the event that Step 1 fails to result in a resolution to the dispute. the heads of the councils and/or the NPCA Board Chair (as the case may be) of the respective signatory agencies will be convened for the purpose of affecting a mediated resolution to the dispute. is Part 6 Schedules Schedule A Criteria for Region of Niagara Natural Environment Information Map The Niagara Peninsula Conservation Authority shall prepare and maintain, with the assistance of the Region of Niagara and Area Municipalities, a Natural Environment Information Map for the Region of Niagara. This map will define most of the Region. Area Municipality and Conservation Authority geographic interests in the Natural Environment and shall include the following features with buffers required in accordance with approved policies and regulations'. a) all streams and watercourses in the Region of Niagara; b) the Regional Policy Plan — Environmental Protection designation c) the Regional Policy Plan — Environmental Conservation designation; d) Lake Ontario and Lake Erie shoreline; e) regulated Areas under Section 28 of the Conservation Authorities Act; and f) mapping of Natural Heritage Features and Areas as defined by the Provincial Policy Statement, Greenbelt Plan, and any other Provincial Policy Document as they become available. environmental areas on the screening map are to be based on official plan maps approved by Niagara Region 16 Schedule B Matters Subject to Conservation Authority Review and Technical Clearance Regarding Planning Applications Affecting the Natural Environment °EATJRE PROV,NCA'._ Ortario NPCA P yarning PROVINCIAL ROPA 137 PROVINCIA, REVIEW REGULAT'.ON and Reg,lat+cn REVIEW ENVIRONMENTAL REVIEW NATURAL 155'05 1 Pc'cies NArLRAL '� POLICIES WATER(PPS HAZARC5 HERITAGE SET-ION 2 2ii (PPS BECTON (P'S SECTiON 3 1) 2.11 Watercurse o' __—X v Y Municipal Dra n Niagara River X X X X Lake Ontario and _axe E,,e ,, X X 1 .X X X Psh Habitat " X X X X ,.a ley ' ha:ard: .. x it 1 X I X .. X \Vella^d(PSW & 1. No^-PSW greater X X I X X X than nha l"" Noodards s'_ � X WIdllfe Habitat"" X X I — I Endacge-ed & I 1 X R Threatened Species • Vu(nerab•e . X Groundwater Areas li 1 1 Niagara Escarpment ?Ian(Escarpment X X ;X X X Natural& Protection)" ' r- Greenbea Plan I 'i Natural He stage I it X it X System" I ANSI Mite Science)•• 1 X X 1 ANSI ,earth science) i I X li X I "MNR responsible for technical review and clearance eature_s that may require the preparation of an E:S in accordance .vith Region's EIS Guide-fines 17 Schedule C Niagara Region's Role in Implementation Planning Applications Official Plan Amendments All official plan amendments are circulated to the Region. Zoning By-law Amendment Applications All zoning by-law amendments are circulated to the Region for review, except for an application intended for 'Agricultural Purposes Only" that has been included as a condition for an approved consent application on lands located outside of a settlement area. (Note. The Region will review the need to formally circulate other applications and local municipalities will consider a more streamlined approach for processing minor applications. This review will be completed before the end of 2013) Draft Plans of Subdivision a) New Plans - the Area Municipality shall circulate all applications for new draft plans of subdivision to the Regional Public Works Department. Development Services Division for review and comment. b) Modifications to Approved Plans or Requests to Extend Draft Approval -, the Area Municipality shall circulate requests to modify existing draft plans of subdivision or requests to extend draft plan approval to the Regional Public Works Department, Development Services Division and the NPCA. Draft Plans of Condominium a) Vacant Land Condominium Plans - the Area Municipality shall circulate all applications for draft plans of vacant land condominium to the Regional Public Works Department, Development Services Division for review and comment. b) Other types of Condominium Applications - subject to pre-consultation, the Area Municipality may circulate all applications to the Regional Public Works Department. Development Services Division for review and comment. 18 Consents Subject to pre-consultation, the Area Municipality may circulate consent applications to the Regional Public Works Department. Development Services Division under the following circumstances • lands are located outside of an Urban Area. or • property is situated on a Regional Road, contains an easement in favour of Niagara Region or is adjacent to a facility operated by Niagara Region. Minor Variances For all Minor Variance applications, the Area Municipality shall not circulate the application to the Regional Public Works Department. Development Services Division unless the Area Municipality determines that a Provincial or Regional interest may be affected or where the property is situated on a Regional road contains an easement in favour of Niagara Region or is adjacent to a facility operated by Niagara Region. Site Plan Control For all Site Plan applications, the Area Municipality shall not circulate the application to the Regional Public Works Department. Development Services Division unless the Area Municipality determines that a Provincial or Regional interest may be affected or where the property is situated on a Regional road, contains an easement in favour of Niagara Region or is adjacent to a facility operated by Niagara Region 19 Signatures The following signatures represent the endorsement of this Memorandum of Understanding by the respective parties Town of Fort Erie Mayor Clerk Town of Grimsby Mayor Clerk Town of Lincoln Mayor Clerk City of Niagara Falls Mayor Clerk 20 Town of Niagara-on-the-Lake Mayor Clerk Town of Pelham Mayor Clerk City of Port Colborne Mayor Clerk City of St. Catharines Mayor Clerk City of Thorold Mayor Clerk 21 Township of Wainfleet Mayor Clerk City of Welland Mayor Clerk Township of West Lincoln Mayor Clerk Niagara Peninsula Conservation Authority Chair Secretary-Treasurer Regional Municipality of Niagara Chair Clerk 22 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to execute an encroachment agreement between the Corporation of the City of Niagara Falls and John and Sophoula Partheniou for a sidewalk between 5513 and 5511 Palmer Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement between the Corporation of the City of Niagara Falls and John and Sophoula Partheniou for a public sidewalk between 5513 and 5511 Palmer Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this eighth day of April, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014 THIS AGREEMENT made this day of , 2014. BETWEEN: JOHN PARTHENIOU and SOPHOULA PARTHENIOU Hereinafter referred to as the"Owners' OF THE FIRST PART; -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the"City" OF THE SECOND PART. WHEREAS the City has encroached or caused an encroachment on lands owned by the Owners; AND WHEREAS the City has requested the Owners to permit the encroachment and to allow it to continue; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, terms and conditions and other good and valuable consideration, the parties hereto covenant and agree as follows: 1 The City is the owner of the lands more particularly described in Schedule "A" attached hereto. The Owners are the owners of the lands more particularly described in Schedule"B"attached hereto (the"subject lands"). 2. The City, through inadvertence or otherwise, has placed an encroachment, in particular a cement sidewalk, on part of the subject lands; the extent of which is more particularly described in Schedule"C"attached hereto(the"encroachment"). 3 The Owners shall permit the City the privilege of maintaining,continuing and using the encroachment upon and over that part of the subject lands, until such time as the encroachment described herein shall be demolished, removed or destroyed. 4. (1) In consideration of the right to maintain the encroachment, the City will (a) Remove and install six sections of concrete sidewalk located on Palmer Avenue in front of the subject lands: (b) Widen the curb cut for the driveway access of the subject lands; (c) Assume the reasonable costs, up to a maximum amount of Four Hundred Dollars($400.00), of changing the municipal address of the subject lands from 5513 Palmer Avenue to 5511 Palmer Avenue. Receipts evidencing these change of address costs must be provided by the Owners to the City, prior to the claim for the recovery of same being honoured by the City; and (d) Refund to the Owners, the amount of Eight Hundred and Ninety 50/100 Dollars($890.50)for the 11 ft. (3.4 m.)curb cut and the three sidewalk panels. (2) Prior to any of the works being conducted as set out in subparagraph 4(1) above, the Owners shall remove a section of private concrete walk which abuts the City owned sidewalk,to the satisfaction of the Director of Municipal Works or his designate. -2- (3) It is understood and agreed by the parties hereto that the City shall provide reasonable notice to the Owners,of its intention to conduct the works as set out in subparagraph 4(1),in order to allow the Owners to complete the works as set out in subparagraph 4(2) hereof. 5. The City shall assume all liability and obligation for any and all loss, damage or injury(including death)to persons or property that would not have happened but for this Agreement or anything done or maintained by the City thereunder or intended so to be and the City shall at all times indemnify and save harmless the Owners from and against all such loss,damage or injury and all actions,suits,proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith;provided that the City shall not be liable to the extent to which such loss,damage or injury is caused or contributed by the neglect or default of the Owners. 6. The City shall, at its own expense, take out and keep in force a comprehensive policy of general liability and property damage insurance protecting and indemnifying the Owners against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on or about the encroachment with all inclusive coverage of not less than$5,000,000.00,such policy to include the Owners as additional insured persons. 7. The City covenants and agrees with the Owners to maintain the encroachment, at all times,in a good and proper repair and condition satisfactory to the Owners,acting reasonably. 8. The City covenants and agrees with the Owners that the encroachment upon the subject lands shall be limited to the encroachment described in paragraph 2 and Schedule "C"to this Agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the encroachment in any manner whatsoever. 9. This Agreement, including Schedules "A", "B" and "C", constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations and understandings, both written and verbal, in respect of the subject matter hereof. 10. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 11. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 12. Failure by either party to insist upon the strict performance of any covenant, agreement,term or condition of this Agreement or to exercise any right or remedy consequent upon the breach thereof, shall not constitute a waiver of any such breach or any subsequent breach of such covenant, agreement,term or condition. No covenant,agreement,term or condition of this Agreement and no breach thereof shall be waived,altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement but each and every covenant,agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 13. This Agreement shall be read with all changes of gender and number required by the context. 14. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e-mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. -3- (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. 15. Notice shall be given to the Owners at: 2834 Olden Avenue Niagara Falls, Ontario L2J 4E2 Telephone: (905) 374-4774 Notice shall be given to the City at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Property Law Clerk Telephone: (905) 356-7521 Facsimile: (905) 371-2892 16. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs,executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. SIGNED,SEALED AND DELIVERED ) 7 in the presence of ) 4 (LIN`c_ ) [G ess ) Jo n Partheniou ) W ess ) Sop ioula Partheniou ) THE CORPORATION OF THE OF NIAGARA FALLS Per: James M. Diodati, Mayor ) Dean lorfida,City Clerk 1 SCHEDULE"A" Firstly: Part Palmer Avenue Plan 285 Town of Niagara Falls; Part Lot 44 s/s Simcoe Street Plan 1001 Town of Niagara Falls;Part Lot 43 s/s Simcoe Street Plan 1001 Town of Niagara Falls; Part Lot 152 Plan 1002 Town of Niagara Falls; Part Lot 153 Plan 1002 Town of Niagara Falls; Part Lot 154 Plan 1002 Town of Niagara Falls being Parts 1,2, 3, 5, 7,8, 11 & 12 on Reference Plan 59R-783; Secondly: Part Lot 153 Plan 1002 Town of Niagara Falls; Part Lot 154 Plan 1002 Town of Niagara Falls being Part 1 on Reference Plan 59R-3670;Part Lot44 s/s Simcoe Street Plan 1001 Town of Niagara Falls being parts 4 and 6 on Reference Plan 59R-783, being Palmer Avenue lying between the QEW and Simcoe Street; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64342-0192(LT). SCHEDULE"B" Firstly: Part of Lot 458 Plan 285 as in RO715755 (Secondly); in the City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64342-0436(LT). Secondly: Lot 459 Plan 285; in the City of Niagara Falls, in the Regional Municipality of Niagara. Being PIN 64342-0437(LT). SCHEDULE "C" /i lc / . f / T j . �O+'So I pep 4sj i/ \ 4,.L. 9i 1 iqiT ac\ /Fy �\q' T 7g n.a S 410\ 9• c"O if ,yE p LOT 4/8 Rp� �A r a i- v 4 � `A/ I Y 2•a g\ ° c "C.1 C Aa 0,4 413 ' / OT 1/ e s^cy it / 4� Aso 1 , LOT 41? R}sa •r44,l'`' s`. %" v� tlf EbEs !' tee b e � — — A w6 `e 6y4a°4'r I I_ cos .0,;:•6, 1F V S rte.w.;nor. i� 44%'4 c A`, tia I p j r 0 ',,e,‘) _ �' Gti'!L . \,.. t�Q o c ' 9q° G > rF i rn l t, ..iii �y� La ift. ii 1. ,',4 1 r 6, L.; � dd 0 z \'' 1 rr — ..%) 1 ; " Ie9ai`� a I w \aIt l_.. ?`bay \\4 d i yS f W 3 E 1 3 c b °f r C) m D Z =aei,na 1.,11 w'pi 0ee(Q 19 a 1+'t 1 ; b1 O 5s.I 116 P y' 111 ' m ; O Ni CI 1;IfiFii I('d£7 ° Q1 1 1d 11 R � m 1 i T ,zmj �" ¢ { f�r/�Iccc�/ EI�i�E 5 �iP� '� '� IT �"1 I X 51 p I D o ° i u,uu, iuf :`i, 1 1f l =i -xi R 9 4 �' 1 17 v N ' II { tIR 4 t� iy_; 0 4° it �i t 1i m 94 D s a f !' I III Ilal ill i a 1 3 31 $ 1 { tS4 Q ii l4 R v �9 @5 8 2 II { HfII s_ a W A Ili 11 4 € ;a i i � � H9! a 1 a I 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 8th day of April, 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 8th day of April, 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 eighth day of April 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 8, 2014 Second Reading: April 8, 2014 Third Reading: April 8, 2014