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2014/05/13 Niagarafalls COUNCIL MEETING May 13, 2014 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of April 8, 2014 and the Special Council Meeting Minutes of April 30, 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. PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matters. 1. L-2014-09, Declare Surplus and Convey to the Region Part 1 on 59R-15062, Parts 1 and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069 (Stanley Avenue Reconstruction) Our File No. 2014-88 2. L-2014-10, Steel Rail Entertainment Inc. Lease ( HANDOUT) Our File No. 2013-188 REPORTS 1. MW-2014-02, Sylvia Place Infrastructure Improvements and Farmer's Market Development 2. F-2014-23, OLG Reserve Update (HANDOUT) 3. CD-2014-07, EpiPens - 2 - PRESENTATIONS/ DEPUTATIONS Niagara Regional Broadband Network (NRBN) 6:30 p.m. Bill Haskins, from the NPEI Board, will speak to the Niagara Regional Broadband Network, the telecommunication provider, locally owned by a consortium of Niagara Peninsula based Utility Service Providers. Allister Young Arts & Culture Endowment Fund 7:00 p.m. R&C-2014-06, Allister Young Arts & Culture Endowment Fund 2014 Recipient A presentation will be made to Emily Andrews, the 2014 Allister Young Arts&Culture Endowment Fund Recipient. Niagara Falls Minor Midget "A" Canucks Hockey Team A presentation will be made to the Niagara Falls Minor Midget "A" Canucks Hockey Team, Ontario Minor Hockey Association champions. * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting AM-2014-001, Official Plan and Zoning By-law Amendment Application 2349 Portage Road Applicant: Elias Dremetsikas Agent: Michael Allen, ACK Architects Proposal: Two, 3 Storey Apartment Buildings Background Material: Recommendation Report: PBD-2014-28 -AND - Correspondence from Chris Hawkswell, Niacon Correspondence from Maurene & Dominic Merigliano * * * * * - 3 - Public Meeting AM-2013-008, Zoning By-law Amendment Application 6289-6311 McLeod Road Applicant: Niagara Olympia Homes (George Bandi) Proposal: 4 Storey, 39 Unit Apartment Building Background Material: Recommendation Report: PBD-2014-27 -AND- Correspondence from Deborah Cuillerier . . . . . Public Meeting AM-2014-003, Zoning By-law Amendment Application 6387 Morrison Street Applicant: 6387 Morrison Inc. (Stephen Dembroski) Agent: Rocco Vacca, Sullivan Mahoney LLP Proposal: Clinic and Retail Store Background Material: Recommendation Report: PBD-2014-29 . . . . . MAYOR'S REPORTS, ANNOUNCEMENTS . . . . . COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Downtown BIA - requesting to address Council regarding the Ministry of Training, Colleges and Universities request for proposal on expanded campuses in under serviced areas. `Representatives of the BIA will speak to the matter. RECOMMENDATION: For the Information of Council. 2. Downtown BIA - requesting approval of their 2014 budget. RECOMMENDATION: For the Approval of Council. - 4 - 3. CUPW, Niagara Falls Local 574 - requesting support on resolution opposing the elimination of door to door postal service. RECOMMENDATION: For the Consideration of Council 4.a Club Italia - requesting allowance for food trucks and waiver of associated fees for their annual picnic. 4.b FTTFO Productions - requesting permission for a film shoot with food trucks. RECOMMENDATION: For the Consideration of Council 5. Taps Brewing Co. - requesting relief to the City's Noise By-law. RECOMMENDATION: For the Approval of Council 6. Pride Niagara - requesting the raising of the Rainbow Flag for Pride week, June 2nd - 10`h. RECOMMENDATION: For the Approval of Council 7. Senator Nancy Greene Raine - requesting that June 7`h be proclaimed as "National Health & Fitness" Day. RECOMMENDATION: For the Approval of Council 8. National Public Works Week - requesting that the week of May 18`1 be proclaimed as "National Public Works" week. RECOMMENDATION: For the Approval of Council Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. RATIFICATION OF "IN CAMERA" MATTERS - 5 - CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD-2014-06, Attendance Records for Remunerated Positions F-2014-16, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2014-17, Monthly Tax Receivables Report HR-2014-01- Arbitration Award NFPFFA (Fire) Collective Agreement MW-2014-18, Asphalt Overlay Phase 1, Tender Award — Contract#2014-03 MW-2014-19, Asphalt Overlay Program -Phase 2 -Tender Award—Contract#2014-03 MW-2014-20 - City-Wide Beautification Contract PBD- 2014-26, Swimming Pool Bylaw PBD- 2014-30, Concurrent Consent Applications PBD-2014-31, PLC-2014-001, Request for Removal of Part Lot Control, Lot 10, Registered Plan 59M-340, Garner Village Subdivision, Applicant: Mountainview Homes R&C-2014-04, 2015 Riverhawks Tournament R&C-2014-05, Skating Aids TS-2014-16, Fourth Avenue — Parking Review * * * * * - 6 - BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2014-51 A by-law to designate Lot 10, Registered Plan 59M-340, not be subject to part-lot control (PLC-2014-001). 2014-52 A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 3 plan of subdivision on the Lands (AM-2013-019). 2014-53 A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM-2014-002). 2014-54 A by-law to declare Part 1 on 59R-15062, Parts 1 and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069; in the City of Niagara Falls, surplus. 2014-55 A by-law to authorize the execution of an Agreement of Purchase and Sale with The Regional Municipality of Niagara, respecting the conveyance of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2014-56 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2014-57 A By-law to appoint a Deputy Lottery Licensing Officer, repealing By-law No. 2002 - 040. 2014-58 A by-law regulating outdoor swimming pools in the City of Niagara Falls. 2014-58 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 139' day of May, 2014. NEW BUSINESS , Hle L-2014-09 Niagarafays May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2014-09 Declare Surplus and Convey to the Region Part 1 on 59R-15062, Parts1 and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069 (Stanley Avenue Reconstruction) Our File No.: 2014-88 RECOMMENDATION 1. That Part 1 on 59R-15062, Partsl and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069; Niagara Falls as shown in black on Attachment "1" ("subject lands") be declared surplus and conveyed to The Regional Municipality of Niagara (the "Region") for road widening purposes. 2. That the Mayor and Clerk be authorized to execute all necessary documentation to carry out the foregoing. EXECUTIVE SUMMARY The Region is in the preliminary stages of improving Stanley Avenue, from Valley Way to just south of Thorold Stone Road, and requires the subject lands for sidewalks and signal light plants in order to proceed with its road widening project, and has requested that the City convey the subject lands to it, for nominal consideration. BACKGROUND In 2013 the Region carried out road reconstruction on RR102, Stanley Avenue north from Thorold Stone Road. This year it will be reconstructing Stanley Avenue from Valley Way to just south of Thorold Stone Road, and will require the subject lands for the purpose of sidewalks and signal light plants. The City is the owner of the subject lands and the Region has provided an Agreement of Purchase and Sale to the City, in order to enact the transfer of the subject lands to it. The Region has paid for the preparation of the reference plans and will pay the cost of registration of the Transfers/Deeds. In order to convey the subject lands to the Region, it is necessary to declare them surplus to the City's needs. May 13, 2014 -2 - L-2014-09 Public notice of the declaration of surplus and conveyance was given in the May 3, 2014, edition of the Niagara Falls Review in accordance with the City's By-law No. 2003-02. Based on the above, Staff is recommending that the subject lands be declared surplus, and conveyed to the Region for nominal consideration. FINANCIAL/LEGAL IMPLICATIONS There will be no financial responsibility to the City as the Region is preparing the reference plan and paying the registration costs for the Transfers/Deeds. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to financial sustainablility, customer service excellence, organizational efficiency and effectiveness, and the creation of a well planned City. LIST OF ATTACHMENTS 1. Location Map Recommended by: J` - , Qereen Ken Beaman, City Solicitor Respectfully submitted: Lk 4 Ke Todd, Chief Administrative Officer L.Banks/K. Beaman Attachments s a jk N I y� I 1:4 Y z W r1 \ '.•l V r " Q Q 3 5?. MIMI r_ S :.11 1111i111i: a 111111111111_ r _ .111111111111a ■� �.-~ 1111111111I1i T 1111111111/1111 I 11 11 ;• q� E 1111 111111111 111 Lt 11111111111111.. MUMMIE = — r 1R1111111 �1111 111 . wil , � � I� " i. . 1011m1111=1 !a Mt 1111 -11111111 1111U1��111111 L rams 111111111111111 ISM 11111111100 m . . „ve , q`//,�n , �,. .a 11 1 11111 / a a s� ..� ewer . i��:�,e+a 1 -, 7--- . - ' , . ' Niagarafalls PUBLIC NOTICE THE CORPORATION OF THE CITY OF NIAGARA FALLS PROPOSED RESTRICT THE COMMON RIGHT OF PASSAGE AND TO DECLARE SURPLUS THOSE RIGHTS WITH RESPECT TO A SPECIFIED AREA OF PORTAGE ROAD. IN THE CITY OF NIAGARA FALLS IN THE MATTER OF Section 35 of the Municipal Act, 2001. AND IN THE MATTER OF the City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls TAKE NOTICE THAT at its meeting to be held on the 13`" day of May, 2014 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 5:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed restriction of the common law right of passage and the declaration of surplus of those rights for a specified area of Portage Road, in the City of Niagara Falls, Regional Municipality of Niagara. It is proposed that the common law right of passage over the subject lands be suspended in order so that the lands can be leased for use in conjunction with and as an integral part of a short line railway. The lands to be affected are shown in black on the attached illustration AND FURTHER TAKE NOTICE that any person who attends the meeting shall be given the opportunity to make representation. Any questions or comments about the restriction and declaration of surplus may be directed or sent to Lynne Banks, Law Clerk, City Hall, 4310 Queen Street, Niagara Falls, Ontario whose telephone number is 905-356-7521 ext. 5209 and whose email is lbanks aAniagarafalls.ca. DATED at the City of Niagara Falls, Ontario this 3`d day of May, 2014. s 11\ i 111 • r \I.l�.�F;,1 „ir, MW-2014-02 Niagara,Falls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-02 Sylvia Place Infrastructure Improvements and Farmer's Market Development RECOMMENDATION 1. That Council receive this report for information purposes. EXECUTIVE SUMMARY This report is being provided to update Council of the proposed plan of action for the development of Sylvia Place and the Farmer's Market. The separation of the combined sewer on Sylvia Place through the installation of a new sanitary and storm sewer is a priority given the frequent and repeated flooding of properties along its length. The scale of work necessary to install two new sewers along Sylvia Place between Ferry and Peer Streets offers a unique opportunity to package the necessary full road reconstruction with the reconstruction of the adjacent City owned parking lot. The fully developed site, including the future Farmers Market building must be considered so that construction works may be phased-in without duplication or reconstruction while minimizing the loss of interim measures. At this time, the design for the infrastructure replacement is almost complete enabling staff to plan the site rehabilitation. The development of the site including the new Farmers Market building can be constructed in three (3) phases. The first construction phase shall include the Sylvia Place Sewer Separation and full road reconstruction between Ferry and Peer Streets as well as the south portion of Parking Lot #12; these works could be completed in 2015. Construction of the new Farmers Market building and demolition of the existing market building complete with the reconstruction of the north section of Parking Lot #12 will be Phase 2 and 3 works respectively; both could ideally be completed in 2016. The site of the future Farmers Market Building will be beautified with interim landscaping and an access path from Main Street in preparation for the Battle of Lundy's Lane Bicentennial Celebrations. This project is a previously approved Capital Project and is underway. BACKGROUND The sewer separation on Sylvia Place is a priority. The existing vitrified clay combined sewer frequently surcharges causing not only repeated surface flooding but also sewer May 13, 2014 -2 - MW-2014-02 backup to abutting properties. The Niagara Falls Pollution Control Plan (2008) specifically recommended the separation of combined sewers in this area to reduce volumes and occurrences at the Stanley Avenue CSO. The recently separated sewers on Ferry Street will provide the necessary outlets for Sylvia Place. The Historic Drummondville area as identified in the 2006 Community Improvement Plan (CIP) is centered on the intersection of Main Street and Ferry Street. The CIP recommended the redevelopment of the existing Farmers Market at the Sylvia Place parking lot. A market feasibility study that followed in 2008 made a recommendation to replace and relocate an expanded, more permanent building with the aim of boosting the Market's sustainability while serving to revitalize the Historic Drummondville area. To that end, the City purchased the adjacent Serbian Cultural Centre property and cleared the site in preparation for a new building. A second report finalized in March 2013 and entitled Niagara Falls Farmers Market, presented a number of recommendations for the preferred development of a new Farmers Market based on current trends and successful models; the report included a preliminary building floor plan. The City owned Parking Lot#12 on Sylvia Place, is comprised of both leased parking and general public pay-and-display spots. Age, an insufficient granular base and inadequate drainage of the site has contributed to the degradation of the asphalt surface quality which is currently in very poor condition. Runoff from wet weather events and snow melt flows across Parking Lot #12 toward Sylvia Place (from Main Street) and contributes to the flooding problems at the properties to the east. Rehabilitation of this parking lot has been a priority for a number of years, but could not be advanced in the absence of a storm sewer outlet. A number of City buses run along Main Street and use the stops south of Ferry Street as bus transfer points. With bus stops on both sides of the street and additionally separated by driveways and business accesses, transit customers are forced to cross Main Street and/or walk significant lengths to make connections. Customer safety is an ongoing concern given that riders are often in a hurry, impeded by weather conditions (snow, wet weather), obscured by buses or traffic and/or otherwise distracted. Making transit connections is additionally trying for elderly riders and those with mobility challenges or small children. ANALYSIS/RATIONALE The scale of the Sylvia Place sewer separation and road reconstruction works provided a unique opportunity to consider an overall site development strategy that would not only reduce the impacts of construction but serve to maximize savings related to economies of scale. That is, the stormwater management and reconstruction works for Parking Lot#12 as well as potential transit improvements could be advanced with the municipal works project, with due consideration of a new Farmers Market. A strategy to phase-in construction could also be developed that would minimize duplication, potential reconstruction or the loss of interim measures. May 13, 2014 -3 - MW-2014-02 With the cooperation of the Transportation Department, municipal works staff took the lead on this multi-discipline project and retained an engineering consultant,AMEC, to complete the engineering design. The key design elements associated with the project are summarized as follows: • Decommissioning of combined sewer and replacement with both sanitary and storm sewers on Sylvia Place including new laterals and site servicing to the future market building; • Upgrade Sylvia Place to an urban cross-section including the introduction of curb and gutter, concrete sidewalk (both sides) and new asphalt pavement; • Significant utility'clean-up'and relocations(including existing overhead hydro pole line) along Sylvia Place and within Parking Lot #12. • Reconstruction of Parking Lot#12 complete with a new entrance off of Peer Street, the addition of stormwater management measures(grading, curbs, catchbasins and leads) and an upgraded granular base and asphalt surface. • Formalization of existing access from City parking lot to rear of properties fronting Main Street. • Designated walkway between the Niagara Falls Historical Museum and the future Farmers Market building; and • Upgrade street and parking lot illumination with decorative poles and luminaires to match those on Ferry Street. Transit improvements originally included a new transit hub on Sylvia Place with the aim of improving transit customer service, safety and accessibility with a single transfer stop. Due to significant stakeholder opposition, this proposal was abandoned. Instead, buses will continue to stop along Main Street while the City's Transportation Services Department considers alternate transit hub locations with the potential to improve operational and customer needs. The development of the site including the new Farmers Market building can be constructed in the three (3) phases described below. Drawings of the overall design and construction phases are included in this report as Attachment 2. Construction Phasing: Interim Measures Prior to the Battle of Lundy's Lane Bicentennial Celebrations, an interim walkway complete with basic landscaping will provide access between Main Street and the existing Farmers Market. Phase 1 The first phase of construction,will consist of the sewer separation, lighting and road works on Sylvia Place. The new parking lot access from Peer Street and the reconstruction of the southerly parking lot will also be completed. The costs associated with Phase 1 construction will be included in the 2015 Capital Budget deliberations. May 13, 2014 -4- MW-2014-02 Phase 2 The second phase involves the construction of the new Farmers Market building and associated parking for market vendors. City staff will retain an architect to undertake the market building design assignment, which could be completed by the end of 2015. The costs associated with Phase 2 construction will be included in the 2016 Capital Budget deliberations. Phase 3 The third and final phase of the site construction will include the demolition of the existing market building and reconstruction of the remaining parking lot area including the connective walkway between the new Market and the museum. These works could follow immediately after the commissioning of the new market building. Project Stakeholder Review: A meeting was held with the Main and Ferry BIA on January 22', 2014 to present the overall Sylvia Place design and construction phasing plan. The general consensus from the BIA was in favour of the proposed development of the site. Questions addressed during the meeting, related to rear property access, lighting pole specifications and availability of public washrooms. A second meeting was held on February 12th, 2014 with residents directly impacted by the project. Meeting invitations were hand-delivered to ten (10) properties adjacent to the proposed works; two (2) property owners attended. Following the project stakeholder meetings, comment sheets representing twelve neighbourhood properties were submitted to City Hall. The single concern repeated was that local residents strongly objected to the transit hub as originally proposed along Sylvia Place. In addition, a petition opposing the transit hub was delivered to City Hall on March 25th, 2014 with resident signatures representing an additional eleven properties. FINANCIAL IMPLICATIONS At present, the design work for the sewer separation and road construction is underway. The additional phases of the project require funding and these will be brought to Council as outlined below: Proposed Timing of Approval Project Design Phase 2015 Capital Budget Phase 1 - Sewer separation, road and parking lot reconstruction 2015 Capital Budget Phase 2 - architectural design of proposed Farmer's Market 2016 Capital Budget Phase 3 - demolition and reconstruction of Farmer's Market and reconstruction of parking lot May 13, 2014 -5- MW-2014-02 The funding opportunities for the three project phases will be derived from a variety of sources, including Federal Gas Tax, CSO, allocations from water, sewer and parking budgets as well as the OLG reserve. The decisions on funding needs and sources will be made as part of future Capital Budget discussions. CITY'S STRATEGIC COMMITMENT This project is consistent with Council's Strategic Priorities to achieve financial stability and infrastructure sustainability objectives. LIST OF ATTACHMENTS 1 . Site Map 2. Construction Phasing Plan 3. Farmers Market Building Conceptual Floor Plan Recommended by: :.„Y :11 1 �' Z Geoff Holman, Director of MunicipaVWorks Respectfully submitted: _ - , Ken Todd, Chief Administrative Officer Sherri-Marie Millar. P.Eng. NI LT,a ,Ip! uIIII j so se Or al a aismNINS Ate-AV =, :V i =li 1 i■ ail ii NV gil c jq 1 1 ce p sg is ii , °sem -... ,„,ae ■ Y sa 1 h 1 NIA i Ian , 'i 1111111111r SS 111111 1 i .,,,n .3„...,, 1... • .■s'sawa rime$ II! �u'c'A i 1 1 j t 1111 � I 11I• - 111 =4n ii. II____ag �s fit en scat] o � "'�Faii "'i :: la a r : ...u {`C r-4..::::: • Y co v N .2y,.4.1 .nrc .F m C + i •N r A. Y ,: • L Y 1 I( ' 1 n • q"k6n. "t'..,' i 1 N ii# -f3+. 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N C U L F h,2 2 n- oD a-+ y 'i1y N C N N t J •It U y co :� Y - Sh. _. .4 c a. r�� o I 1 �� }} Y L H-t- i- ? 0 E. 1 • - r I Ihit •: C 1 Y:. 1+- i o.5 co 3 f Y Ft L e it m j N �w^ X • - w>a - + } 4 4 I- _ 1 — • --'—' L N t + C To i I • tJ i 1 I a f0 t -Ill to , I w ce • • • MW-2014-02 Attachment 3— Farmers Market Building Conceptual Floor Plan _____ — Building Size 0 outdoor Outdoor 6000sQ.ft =y mow Maan fling BI/i Wing Cost area area 5750.000 10 Indoor Vendors Vendors Sloraga LOCI LC) LQO a,ta.a,.. cam 10 Total V ndors Mnmerancn 27 Total vendors o nside Vendor Stalls nOo nOo "an' mnxlzn 000rrye Door Outdoor Vendor Stalls e 15 t x125ft 1 2 3 4 6 5 9 B 10 i 12 13 11 15 16 14 17 Emergency o"°ornm ry 0 o , I n= `NIC rs Mina ROCYy Nbrnera ITlual Room WIC W1G '.RC '94wki Rown �ooMai nr t2'-6 3i4'� • 1 2 3 4 O � x 5 6 7 B 9 10 NIAGARA FALLS MARKET Niagarajls REF: Niagara Falls Farmers Market Final Report(March 2013) CD-2014-07 NiagaraJalls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-07 EpiPens RECOMMENDATION That the Public Health Department of the Regional Municipality of Niagara be formally requested to monitor the Stock Epinephrine Auto-injector Pilot Project, overseen by the City of Hamilton, through eir Public Health Services and, if the pilot project is successful, consider implementing such a pro m in Niagara. That the city take the lead by having staff investigate the provision of Epinephrine Auto- injectors at all City facilities, and on all Fire Trucks, and consider a bulk purchase of the Epinephrine Auto-injectors EXECUTIVE SUMMARY Staff was directed to investigate the efforts of the City of Hamilton related to the introduction of epinephrine auto-injectors (EAI), also known as EpiPens. The City of Hamilton has introduced a pilot project, which could be a model for other jurisdictions to follow. If such an initiative was to be undertaken in Niagara, it would be more appropriately the jurisdiction of the Public Health Department. Increased public awareness should be encouraged through education. BACKGROUND At the Council meeting of November 12, 2013, during new business, Council directed that staff"investigate the Hamilton By-law that requires restaurants to have EpiPens." From the major manufacturer's website, an EpiPen is described as a disposable, pre-filled automatic injection device that administers epinephrine, a medication, in the event of a severe allergic reaction. Anaphylaxis is a serious allergic reaction that is rapid and can cause death if not responded to quickly. The use of an EpiPen, or epinephrine auto- injector, when properly administered, may relax muscles to make breathing easier and reverse a sudden drop in blood pressure. The research by Hamilton Public Health Services (HPHS) indicates that food allergies affect up to 2.5% of the adult population and 6 to 8% of children less than three years of age. The initiative in Hamilton came about at the urging of the Rotary Club of Ancaster after a Stoney Creek girl died after suffering anaphylactic shock after eating an ice cream cone at an area mall. May 13, 2014 -2 - CD-2014-07 ANALYSIS/RATIONALE When Council directed staff, the inference was that the City of Hamilton had passed a by- law requiring that all restaurants have an EpiPen on the premises. As the supporting reports and minutes from the City of Hamilton and Board of Health indicate, Hamilton City Council has taken a cautious and incremental approach and has not implemented a mandatory requirement for stock epinephrine auto-injectors (EAI) at Hamilton food establishments. After directing Public Health staff in April 2013 to come back with a report, in October 2013, Hamilton City Council directed that HPHS work with McMaster and Anaphylaxis Canada to develop an epinephrine auto-injectors pilot program that could be implemented at a Hamilton mall or nationally recognized food outlet chain. On April 22nd,the Board of Health approved the recommendation of a one-year pilot project, at a cost to the City of Hamilton of$82,000, that will see security guards at Eastgate and Jackson Square malls trained to recognize and respond to a severe allergic reaction. In conjunction with the pilot project, Anaphylaxis Canada will be providing education to the general public and promoting personal accountability plans for those that have allergies and their own EAI. At the end of the pilot project, McMaster University will share their findings so City of Hamilton officials can make informed decisions on the initiative going forward. The HPHS reports do not contemplate making the provision of EAI's mandatory or impose punitive measures, through a by-law, for not having them. The efforts are focussed on education and the pilot project setting benchmarks and best practices, going forward. An analogy is the introduction of defibrillators in public spaces. Success of the defib program has been achieved through training and public education, not through enforcement or mandatory measures. Introducing a by-law making it mandatory for restaurants to have EAI's without first instituting a training program would not be prudent. In the Hamilton project, it has been decided that due to the transient nature of restaurant staff, it is more advisable to train security staff than front line workers. Not contained in the reports, but based on viewing the Board of Health proceedings in April, overtures to the Provincial Restaurant Association were made. The position of the Association was that the provision of EAI's should be strictly voluntary. Any attempt to force the requirement of EAI's is likely to be challenged by the industry, especially without providing appropriate training. Nonetheless, restaurants or malls that do have trained personnel could certainly use that information as a selling point to their clientele. The Hamilton initiative is laudable and may be the model, if successful, for other jurisdictions to follow. Staff would recommend that the lead on such an initiative, locally, should be done through the Public Health Department at the Region. In addition, if the provision of EAI's were to be mandatory in restaurants, it would be more appropriate that monitoring and enforcement be done through the Pubic Health Department, who regularly inspect restaurants, as part of their NiagaralnfoDine program. As public education and training should precede any enforcement action, staff would also encourage Anaphylaxis Canada to engage in public information sessions through local organizations such as the Chamber of Commerce or Niagara Falls Tourism. May 13, 2014 -3 - CD-2014-07 FINANCIAL/STAFFING/LEGAL IMPLICATIONS At this point, the staff report is an encapsulation of the efforts of the City of Hamilton, as opposed to an analysis of how the City of Niagara Falls could implement a similar initiative, with inherent financial, staffing and legal implications. The Hamilton reports outline the impact and stress the pilot project will have on the HPHS resources, indicating the project is a major undertaking. In addition, as outlined, public health issues are in the sphere of the upper-tier municipality. CITY'S STRATEGIC COMMITMENT The fostering of a healthy and safe community is one of the Council's strategic priorities. As a result, the Region's Public Health Department should be encouraged to monitor Hamilton's pilot project to consider a similar initiative for Niagara. In addition, public education on EAI's should be fostered and encouraged. LIST OF ATTACHMENTS Various reports and minutes from the City of Hamilton - Recommended by: !�� " r) Dean lorfida, City Clerk I Respectfully submitted: 't-` d �r '✓ Ken Todd, !Chief AdrrinistrativeiOfficer DI CITY OF HAMILTON II��I Public Health Services Office of the Medical Officer of Health Hamilton TO: Board of Health COMMITTEE DATE: April 22, 2014 SUBJECT/REPORT NO: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) WARD(S) AFFECTED: City Wide PREPARED BY: Dr. Ninh Tran (905) 546-2424 Ext. 2169 Brent Browett (905) 546-2424 Ext. 2230 SUBMITTED BY: Dr. Elizabeth Richardson, MD, MHSc, FRCPC Medical Officer of Health Hamilton Public Health Services SIGNATURE: RECOMMENDATION (a) That the development, implementation, research and evaluation of the Stock Epinephrine Auto-injector Pilot Project be overseen by the City of Hamilton, through Public Health Services; (b) That as an exception to the Corporate Purchasing Policy, that Public Health Services be given the authority to negotiate, through Memorandum of Understandings as acceptable to the City Solicitor, the undertaking of components of the Epinephrine Auto Injector Pilot Project with McMaster University, Anaphylaxis Canada, or other agents as identified, including but not limited to related research, evaluation, training, and project management related to the Epinephrine project and with shopping mall operators, food outlet businesses and other related agencies as locations for the carrying out of the Epinephrine Pilot Project; and if acceptable agreements cannot be reached, Hamilton Public Health Services itself will conduct the necessary work or report back; (c) That staff be directed to use up to $82,000 from the Tax Stabilization Reserve Number 11046 to fund the components necessary to complete the Stock Epinephrine Auto-injector Pilot Project. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness,Equity,Excellence,Honesty,Innovation,Leadership,Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 2 of 7 EXECUTIVE SUMMARY On October 21, 2013, the Board of Health directed Hamilton Public Health Services (PHS) to "work with Dr. Waserman at McMaster University and Anaphylaxis Canada to develop an epinephrine auto-injectors (EAIs) in food outlets pilot program by March 31, 2014 at either a Hamilton mall, or nationally recognized food outlet chain". Since that time Hamilton PHS has been working with Dr. Waserman and Anaphylaxis Canada to implement this project, and the City Solicitor has been reviewing the related legal implications. Work accomplished to date includes but is not limited to: • Initial review by PHS of implications related to dispensing of drugs, controlled acts and physician medical-legal implications clarified with College of Pharmacists, College of Physicians and Surgeons of Ontario and Canadian Medical Protective Association; • Establishment of a project team that meets no less than every 2 weeks; • Tentative agreement with Eastgate Mall and Jackson Square to participate; • Pre-implementation survey developed by Anaphylaxis Canada and Dr. Waserman; • Pilot Project Work Plan drafted by McMaster; • Pilot Project Draft Research Protocol drafted by McMaster; and • Initial training program and implementation plan developed by Anaphylaxis Canada. Work remaining to be completed before a "Go Live" date: • Finalize and execute Memorandum of Understanding Agreements as required with McMaster University, Anaphylaxis Canada, the malls, food outlets, security companies and other parties as required; • Finalize any ethics submission needed and have reviewed for acceptance; • Training to be delivered; • Finalize and implement response protocols with the mall security; • Finalize and implement public and internal communication strategy; and • Establish go live dates for first and second mall. The pilot project, called the Stock Epinephrine Auto-injector Pilot Project (SEAPP) is expected to take place in at least two shopping malls (Eastgate and Jackson Square), and some of the free standing food outlets within those malls. Stock EAIs will be carried by security staff and available in free standing food outlets in participating malls so that it is readily available anywhere on site. Mall security officers and senior staff in the freestanding food outlets will receive training on how to recognize a severe allergic reaction and how to respond to such an event. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness,Equity,Excellence,Honesty, Innovation,Leadership, Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 3 of 7 If a person in these malls has a severe allergic reaction in one of these sites and the person does not have their own epinephrine and/or they are unable to administer the epinephrine, then the security officer and/or senior free standing food outlet operators will have stock EAIs and the training to provide the administration to a person suffering from a potentially life threatening allergic reaction. SEAPP will be implemented in phases starting first with one mall and its security staff. The Hamilton pilot program will also promote personal accountability plans by those that have their own EAI and general public education regarding food safety and related emergency actions. Anaphylaxis Canada is the expected lead for training development and delivery. They can start the training sessions in May 2014. In at least one of the malls, the security officers can start the project at the end of May 2014. Additional staff and/or food outlets will join this project at the same time or be phased-in between June to September 2014. At the conclusion of the pilot project, McMaster University will share their findings with City officials to make informed strategic decisions on the SEAPP initiative. The key outstanding issue for the City of Hamilton is completing the Memorandum of Understanding(s) as required. Hamilton PHS has been seeking to contract McMaster University to do and lead all components of the SEAPP. McMaster University has verified their research and evaluation expertise and their general support for that work. However, McMaster University is still considering its level of participation in the pilot project. Due to this, the earliest that the project can start is May 31, 2014. To minimize any further delays now and during the pilot project, staff is recommending that the City of Hamilton assume the lead of the project, while continuing to have the authority to pursue agreements with McMaster University, Anaphylaxis Canada and/or other related agencies/individuals to conduct work in their areas of expertise, and where such involvement will not delay the project objectives. Alternatives for Consideration— See Page 6 FINANCIAL — STAFFING — LEGAL IMPLICATIONS (for recommendation(s) only) Financial: The cost of conducting the pilot project with the components described is expected to be up to $82,000. In October 2013, Council approved funding for the program to come from Tax Stabilization Reserve number 11046. Staffing: During the pilot project, Dr. Ninh Tran, Associate Medical Officer of Health; and Brent Browett, Director, Community Health Planning and Integration will provide key leadership. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community, in a sustainable manner. OUR Values:Accountability,Cost Consciousness, Equity,Excellence,Honesty,Innovation,Leadership,Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 4 of 7 Research and evaluation is expected to be contracted to Dr. Waserman and McMaster University, if agreements are successfully negotiated. Staff will endeavour to contract the project management and training component to McMaster and Anaphylaxis Canada, respectively. If some of that is not practical, staff will undertake these tasks and/or source other experts within the City or external resources. This would include hiring temporary staff as needed to complete the work. Legal Services (City Manager's Office) and Risk Management (Corporate Services) have been and are expected to be continuously involved in providing legal advice during this Pilot project planning and implementation. Legal: A confidential Solicitor-Client Privileged Legal Memorandum from the City which responds to the October 21, 2013 resolution of the Board of Health as adopted by City Council is provided under separate cover as Appendix A to this Report. HISTORICAL BACKGROUND (Chronology of events) Based on concerns about anaphylactic events (severe allergic reactions) at food outlets, the Board of Health, on April 22, 2013 directed PHS to prepare a report on epinephrine auto injectors in food outlets. This report was presented and discussed at the October 21, 2013 Board of Health meeting. At this October BOH meeting, the Board of Health directed PHS to work with Dr. Waserman at McMaster University and Anaphylaxis Canada to develop and implement an epinephrine auto injector pilot at either a local mall or a nationally recognized food chain. The pilot project is to be funded through the Tax Stabilization Reserve. This was ratified by City Council on October 23, 2013. In addition, the City Solicitor was to report back on the legal liabilities of all parties involved in such a pilot project. Since November 2013, PHS has worked with Dr. Waserman and her project manager at McMaster University, Anaphylaxis Canada and the Ancaster Rotary Club to develop this pilot project. In addition, PHS has consulted Legal Services, as well as with the College of Physicians of Ontario and Canadian Medical Protective Association to assess the legal liabilities. Specifically, from November 2013 until March 2014: • A draft memorandum of understanding was developed with McMaster University to develop and implement an EAI pilot project. • McMaster University (through Dr. Waserman and Ernie Avilla) developed a comprehensive pilot project proposal in collaboration with Anaphylaxis Canada that includes both a research component (addressing the knowledge, attitude, skills of food providers and general public) and an operational component (addressing the implementation and evaluation of placing epinephrine auto injectors in select malls). OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness,Equity,Excellence,Honesty,Innovation,Leadership,Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 5 of 7 • A draft training program was developed by Anaphylaxis Canada about how to properly administer EAIs, as well as general food handler practices to prevent anaphylactic events. • Local malls were approached by representatives of McMaster University and a representative of the Ancaster Rotary Centre. • Preliminary agreements were reached with Eastgate Mall and Jackson Square mall to implement an EAI pilot, mainly accessed and administered through security guards. This report is being presented to finalize the approval of the financial commitment to the project, provide the requested legal advice to the BOH and to obtain the authority and direction for PHS to continue to pursue options to purchase contract services from experts in the field while PHS assumes, where necessary, a more direct leadership role and completes any work internally that cannot be contracted out. POLICY IMPLICATIONS AND LEGISLATED REQUIREMENTS Subject to the negotiations with outside contractors, PHS is asking to have the Purchasing Policy waived as it may apply to receiving competitive bidding for research and evaluation support, project management and training support. RELEVANT CONSULTATION Corporate Finance provided advice on the one-time funding source for this project. Legal Services provided advice on the contractual matters with McMaster, an assessment of the potential risks associated with the project and the risks of doing nothing to address the identified service gap and guidance on the College of Physicians & Surgeons of Ontario and Canadian Medical Protective Association implications. Anaphylaxis Canada has provided advice on the training options for the project and the national and international experience with stock epinephrine projects. Dr. Waserman of McMaster University has given advice on the current research related to anaphylaxis treatment. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability, Cost Consciousness,Equity,Excellence, Honesty,Innovation,Leadership,Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 6 of 7 ANALYSIS AND RATIONAL FOR RECOMMENDATION (Include Performance Measurement/Benchmarking Data if applicable) PHS is recommending that it be given the opportunity to contract out some of the SEAPP work due to the limits of time and expertise in this area within PHS' current staffing. In addition, all parties have been working in the past four months on this project in good faith that they will be key partners during the duration of the pilot project. Continuing to include them will maintain the current success and momentum that has been achieved to date. With respect to PHS taking a more direct lead with the project, this is recommended with respect to those aspects of the Project where the lead and undertaking of those aspects cannot be contracted out in a timely way with willing organizations. The advantage of this approach is that it allows the City to have more control of design and removes the need for another institution to be involved which could delay the project in the future as recently experienced. ALTERNATIVES FOR CONSIDERATION (Include Financial, Staffing, Legal and Policy Implications and Pros and Cons for each alternative) The alternative to the recommendation to PHS having a greater lead role is to continue with negotiations with McMaster University or other organizations so that McMaster University and/or other organizations fully conduct the project on contract. At minimum, this option will likely significantly delay the project. Furthermore, McMaster University or others may not agree to this arrangement. The benefit of pursuing this option is that it may lead to the City of Hamilton having no risk from its involvement in the project and it reduces staff demands on PHS. Another alternative is for PHS to immediately and fully assume the pilot project. This is not recommended, as PHS currently does not have the full expertise to conduct a quality project and evaluation. It will also likely delay the project as many of the current progress and deliverables have been delivered by McMaster University and Anaphylaxis Canada. The final alternative is not conducting a pilot project and research project first. This is not recommended by staff, as it can increase the liability given that the City of Hamilton is proceeding with a project lacking the appropriate level of evidence to determine the best model. In addition, it is likely that it will increase the direct and continued involvement of the City of Hamilton further enhancing the risk to the City. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness, Equity,Excellence,Honesty, Innovation,Leadership, Respect and Teamwork SUBJECT: Epinephrine Auto Injector Pilot Project Update BOH13040(a) (City Wide) Page 7 of 7 ALIGNMENT TO THE 2012 — 2015 STRATEGIC PLAN Strategic Priority#1 A Prosperous & Healthy Community WE enhance our image, economy and well-being by demonstrating that Hamilton is a great place to live, work, play and learn. Strategic Objective 1.5 Support the development and implementation of neighbourhood and City wide strategies that will improve the health and well-being of residents. Strategic Priority#2 Valued & Sustainable Services WE deliver high quality services that meet citizen needs and expectations, in a cost effective and responsible manner. Strategic Objective 2.1 Implement processes to improve services, leverage technology and validate cost effectiveness and efficiencies across the Corporation. 2.3 Enhance customer service satisfaction. APPENDICES AND SCHEDULES ATTACHED Appendix A to Report BOH13040(a) — Confidential — Distributed under separate cover. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness, Equity,Excellence,Honesty, Innovation,Leadership,Respect and Teamwork BOARD OF HEALTH REPORT 14-003 1:30 p.m. Tuesday, April 22, 2014 Council Chambers Hamilton City Hall Present: Mayor. R. Bratina (Chair), Councillors S. Merulla, C. Collins, T. Jackson, S. Duvall T. Whitehead, B. Clark, M. Pearson, B. Johnson, L. Ferguson, R. Powers, R. Pasuta, J. Partridge R. Morrow, Councillor J. Farr Absent with regrets: Councillor B. McHattie — City Business THE BOARD OF HEALTH PRESENTS REPORT 14-003 AND RESPECTFULLY RECOMMENDS: 1. Epinephrine Auto Injector Pilot Project Update (BOH13040(a)) (City Wide) (Item 8.3) (a) That the development, implementation, research and evaluation of the Stock Epinephrine Auto-injector Pilot Project be overseen by the City of Hamilton, through Public Health Services; (b) That as an exception to the Corporate Purchasing Policy, that Public Health Services be given the authority to negotiate, through Memorandum of Understandings as acceptable to the City Solicitor, the undertaking of components of the Epinephrine Auto Injector Pilot Project with McMaster University, Anaphylaxis Canada, or other agents as identified, including but not limited to related research, evaluation, training, and project management related to the Epinephrine project and with shopping mall operators, food outlet businesses and other related agencies as locations for the carrying out of the Epinephrine Pilot Project; and if acceptable agreements cannot be reached, Hamilton Public Health Services itself will conduct the necessary work or report back; (c) That staff be directed to use up to $82,000 from the Tax Stabilization Reserve Number 11046 to fund the components necessary to complete the Stock Epinephrine Auto Injector Pilot Project; Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 2 of 10 (d) That Appendix A to the Report BOH13040(a) remain confidential. 2. Board of Health Self-Evaluation Results (BOH14011) (City Wide) (Item 8.4) (a) That the newly-elected Board of Health be advised to initiate a review of governance models within the first year of term to decide on the appropriate Board of Health governance structure to implement; (b) That staff be directed to improve the Board of Health orientation program with the long term goal to develop an education strategy for the Board. 3. Ottawa Street Mobile Farmers' Market 2-Year Pilot Program (Item 9.1) Whereas low consumption of vegetables and fruit is associated with a poor diet and increased risk of obesity, heart disease, Type 2 diabetes, and some cancers; and Whereas the majority of Hamiltonians do not eat the recommended daily servings of vegetables and fruit, with less than half reporting they eat vegetables and fruit five or more times a day; and Whereas in 2011-12, 11.6% of households in the City of Hamilton reported food insecurity due to income, which impacts their ability to consume fresh vegetables and fruit, and increases the risk of preventable chronic diseases; and Whereas some Hamilton neighbourhoods have limited physical access to healthy food retail, but are surrounded by many unhealthy food retail outlets; and Whereas the City of Hamilton has endorsed the Golden Horseshoe Agriculture & Agri-Food Strategy: Food & Farming Action Plan 2021, which includes goals for public health to increase local food literacy and promote and improve consumers' access to local produce, and Whereas a mobile farmers' market could result in multiple benefits, including improved access to fresh produce in Hamilton neighbourhoods with limited access to healthy food retail, increased support for the economic livelihood of local farmers, and building community resilience. Therefore be it resolved: (a) That Public Health Services assist the Ottawa Street BIA to apply for funding from the Ontario Ministry of Agriculture and Food's Local Food Fund for the proposed 2-year pilot mobile farmers' market project and that any shortfall be funded from the Newalta Landfill Royalty Reserve (117036) created to fund projects for the benefit of the former City of Stoney Creek for up to $100,000 and the remainder be funded from third party sources; Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 3 of 10 (b) That within By-Law No. 07-170, Food Service Vehicles (Schedule 6), Planning and Economic Development explore options, when funding is obtained, to implement the 2-year pilot mobile farmers' market on sites identified by Planning and Economic Development and Public Health Services beginning in 2015; (c) That the sites include 2 locations in Stoney Creek, to be determined; (d) That Public Health Services and Planning and Economic Development work in collaboration with the Ottawa Street BIA on the operation of the proposed 2-year pilot mobile farmers' market project. 4. East Hamilton Air Monitoring Stations (Item 10.1) Whereas the expansion of Hamilton's local air monitoring network will assist in identifying air pollution 'hot spots', and ultimately enhance our knowledge of local air emission sources and their impacts; and Whereas air monitoring allows for the collection of outdoor air quality data that can be used to identify local sources of air emissions and to evaluate the potential health impacts on humans due to these exposures; and Whereas the City of Hamilton has a limited network of fixed air monitors at present where areas of the City and a number of emissions sources are not adequately monitored, creating gaps in local knowledge of air quality and air emissions; and Whereas over the course of Summer 2012, Sam Manson Park Air Pointer Pilot project approved by Board of Health on September 27, 2010 describes the benefits of continued operation of an Air Pointer in Sam Manson Park and other locations. Therefore, be it resolved: (a) That the funding for the purchase of one reconditioned Air Pointer and one new Air Pointer as well as the first year operating costs be funded by the Ward 5 Area Rating Fund; (b) That staff investigate the following City parks & open space properties as potential host sites: Sam Manson Park, Glen Castle Park, Father Sean O'Sullivan Park, Confederation Park, Rosedale Arena/Kings Forest Golf Course, Oakland Park and 2650 Barton St. E. (old HSR transformer station); (c) That an amount of $225,305.00 be set aside to purchase and operate the Air Pointers, to be disbursed as follows: Council —April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 4 of 10 (i) $211,655.00 immediately upon Council Approval; (ii) $3,650.00 to be paid on the 1st of each month to a total of $43,800.00; (iii) $9,000.00 immediately to a Purchase Order for the use of Electrical Connections; (iv) $1,000.00 immediately upon Council Approval. (d) That the amounts in (c)(i) and (c)(ii) be paid directly to Rotek Environmental Inc.; (e) That the amounts in (c)(iii) be paid to the selected City of Hamilton Vendor for Electrical work; (f) That the amounts in (c)(iv) be paid directly to Hamilton Air Monitoring Network; (g) That the operating costs of $44,800 be funded by Ward 5 Area Rating Fund during the first year and then referred to the 2015 Budget process for subsequent years. (h) That when mutually agreed upon, the Air Pointers can be used in other locations/wards. (i) That the Ministry of Environment be contacted to seek funding and support. 5. Physician Recruitment Specialist Employment Contract (FCS14032) (City Wide) (Item 8.1) Contract Renewal — Physician Recruitment Specialist (a) That the Physician Recruitment Specialist contract be extended for three years, commencing March, 2013 and expiring March, 2016.; (b) That the contents of the contract remain confidential. 6. Item to be Transferred to another Standing Committee (Item 11.3) That the Item on the Board of Health Outstanding Business List respecting "Cardiac Safe City" (Item C) be transferred to the Emergency and Community Services Committee. Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 5 of 10 FOR THE INFORMATION OF COUNCIL: (a) CHANGES TO THE AGENDA (Item 1) There were no changes to the agenda. The agenda was approved, as presented (b) DECLARATIONS OF INTEREST(Item 2) There were no declarations of interest. (c) APPROVAL OF MINUTES OF PREVIOUS MEETING (Item 3) (i) March 17, 2014 (Item 3.1) The Minutes from the March 17, 2014 meeting of the Board of Health were approved, as presented. (d) DISCUSSION ITEMS (Item 8) (i) Physician Recruitment Specialist Employment Contract (FCS14032) (City Wide) (Item 8.1) For disposition of this matter, refer to Item 5. (ii) Physician Recruitment & Retention Steering Committee Report 13- 002 (TABLED on January 13, 2014) (Item 8.1(I)) The Physician Recruitment & Retention Steering Committee Report 13- 002 was lifted from the table. The dates respecting the contract were amended to reflect a start of March 2013 and expiration of March 2016 in the contract and report. Councillor Ferguson reviewed the Key Performance Indicators. The Board had a general discussion respecting the Key Performance Indicators. (iii) Epinephrine Auto Injector Pilot Project Update (BOH13040(a)) (City Wide) (Item 8.3) Councillor Ferguson advised he was approached by the Rotary Club of Ancaster with regard to this matter and thanked everyone for their work. Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 6 of 10 Councillor Collins expressed thanks to Councillor Ferguson for the time and energy put into this matter. For disposition of this matter, refer to Item 1. (e) MOTIONS (Item 9) (i) Ottawa Street Mobile Farmers' Market 2-Year Pilot Program (Item 9.1) Item 9.1, Ottawa Street Mobile Famers' Market 2-Year Pilot Program was amended as follows: (aa) That the words "Local Food Grant" be replaced with "Ontario Ministry of Agriculture and Food's Local Food Fund" in subsection (a) of the recommendation; and (bb) That the words "through the City's Tax Stabilization Reserve" be replaced with the words "from the Newalta Landfill Royalty Reserve (117036) created to fund projects for the benefit of the former City of Stoney Creek for up to $100,000 and the remainder be funded from third party sources" to read as follows: (a) That Public Health Services assist the Ottawa Street BIA apply for funding from the Ontario Ministry of Agriculture and Food's Local Food Fund for the proposed 2-year pilot mobile farmers' market project and that any shortfall would be funded from the Newalta Landfill Royalty Reserve (117036) created to fund projects for the benefit of the former City of Stoney Creek for up to $100,000 and the remainder be funded from third party sources. (cc) That the words "beginning in 2015" be added to the end of subsection (b) of the recommendation to read as follows: (b) That within By-law No. 07-170, Food Service Vehicles (Schedule 6), Planning and Economic Development explore options, when funding is obtained, to implement the 2-year pilot mobile farmers' market on sites identified by Planning and Economic Development and Public Health Services beginning in 2015. (dd) That the following subsection (c) be inserted and the subsequent subsection be re-lettered. (c) That the sites include 2 locations in Stoney Creek, to be determined. Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 7 of 10 For disposition of this matter, refer to Item 3. (f) NOTICES OF MOTION (Item 10) (i) East Hamilton Air Monitoring Stations (Item 10.1) Councillor Collins introduced the following Notice of Motion: Whereas the expansion of Hamilton's local air monitoring network will assist in identifying air pollution `hot spots', and ultimately enhance our knowledge of local air emission sources and their impacts; and Whereas air monitoring allows for the collection of outdoor air quality data that can be used to identify local sources of air emissions and to evaluate the potential health impacts on humans due to these exposures; and Whereas the City of Hamilton has a limited network of fixed air monitors at present where areas of the City and a number of emissions sources are not adequately monitored, creating gaps in local knowledge of air quality and air emissions; and Whereas over the course of Summer 2012, Sam Manson Park Air Pointer Pilot project approved by Board of Health on September 27, 2010 describes the benefits of continued operation of an Air Pointer in Sam Manson Park and other locations. Therefore, be it resolved: (a) That the funding for the purchase of one reconditioned Air Pointer and one new Air Pointer as well as the first year operating costs be funded by the Ward 5 Area Rating Fund; (b) That staff investigate the following City parks & open space properties as potential host sites: Sam Manson Park, Glen Castle Park, Father Sean O'Sullivan Park, Confederation Park, Rosedale Arena/Kings Forest Golf Course, Oakland Park and 2650 Barton St. E. (old HSR transformer station); (c) That an amount of $225,305.00 be set aside to purchase and operate the Air Pointers, to be disbursed as follows: (i) $211,655.00 immediately upon Council approval; (ii) $3,650.00 to be paid on the 1st of each month to a total of $43,800.00; Council —April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 8 of 10 (iii) $9,000.00 immediately to a Purchase Order for the use of Electrical Connections; (iv) $1,000.00 immediately upon Council approval; (d) That the amounts in (c)(i) and (c)(ii) be paid directly to Rotek Environmental Inc.; (e) That the amounts in (c)(iii) be paid to the selected City of Hamilton Vendor for Electrical work; (f) That the amounts in (c)(iv) be paid directly to Hamilton Air Monitoring Network; (g) That the operating costs of $44,800 be funded by Ward 5 Area Rating Fund during the first year and then referred to the 2015 Budget process for subsequent years. (h) That when mutually agreed upon, the Air Pointers can be used in other locations/wards. (I) That the Ministry of Environment be contacted to seek funding and support. The rules of order were waived in order to allow for the introduction of a motion respecting "East Hamilton Air Monitoring Stations". Councillor Collins advised there has been a request from his ward residents to reinstate the Air Monitoring Stations and also concerns with air quality. He also thanked staff and residents who have helped with this matter. For disposition of this matter, refer to Item 3. (ii) Gasification Process Operation in Hamilton (Added Item) Councillor Morrow introduced a Notice of Motion respecting the gasification process operation in Hamilton as follows: That the City of Hamilton formally oppose the gasification process operation planned for the Sherman Avenue and Burlington Street area. Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 9 of 10 (g) GENERAL INFORMATION/OTHER BUSINESS (Item 11) (i) Revised Due Dates on the Outstanding Business List (Item 11.1) The due dates for the following items on the Outstanding Business List were amended accordingly, as follows: (a) Item "A" Review of the City of Hamilton Streets By-law Due Date: December 2, 2013 Revised Due Date: To Be Determined (b) Item "E" Request for the LIHN to Present to the Board of Health Due Date: February 3, 2014 Revised Due Date: July 10, 2014 (ii) Items to be Removed from the Outstanding Business List (Item 11.2) The following items were deemed complete and removed from the Outstanding Business List: (a) Item "D" Improving Gambling Prevention Activities (b) Item "F" Accreditation Moving Forward (c) Item "G" Epinephrine Auto-Injector & Food Service Outlets (See Item 8.3) (h) PRIVATE AND CONFIDENTIAL (Item 12) (i) Supplemental Information to Item 8.2 (Physician Recruitment & Retention Steering Committee Report 13-002)(Item 12.1) The supplemental information to Item 8.2 was amended to include revisions to the duration of the contract. See Item 5 for the disposition of this item. (ii) Supplemental Information to Item 8.3 (Epinephrine Auto Injector Pilot Project Update (BOH13040(a)) (City Wide (Item 12.2) The supplemental information to Item 8.3 was received and will remain confidential. See Item 1 for the disposition of this item. Council — April 23, 2014 Board of Health April 22, 2014 Report 14-003 Page 10 of 10 (iii) Verbal Update Respecting Personnel Matter regarding Item 8.4 (Board of Health Self Evaluation Results (BOH14011) (City Wide)) (Item 12.3) The Committee moved into Closed Session at 3:05 p.m. pursuant to Sub- sections 8.1(b) of the City's Procedural By-law and Section 239(2) of the Ontario Municipal Act, 2001, as the subject matters pertains to personal matters about identifiable individuals, including municipal or local board employees. The Board reconvened in open session. No action to be reported. (i) ADJOURNMENT (Item 13) There being no further business, the Board of Health adjourned at 3:15 p.m. Respectfully submitted, Mayor R. Bratina Chair, Board of Health Jasmine Branton Legislative Coordinator Office of the City Clerk Council — April 23, 2014 l ,lllll11 � �1i INFORMATION REPORT TO: Mayor and Members WARD(S) AFFECTED: CITY WIDE Board of Health COMMITTEE DATE: October 21, 2013 • SUBJECT/REPORT NO: Anaphylaxis (BOH13040) (City Wide) SUBMITTED BY: PREPARED BY: Elizabeth Richardson, MD, MHSc, FRCPC Brent Browett Medical Officer of Health (905) 546-2424 Ext. 2230 Public Health Services Department SIGNATURE: Council Direction: At the April 22, 2013 Board of Health meeting, based on concerns expressed by the Rotary Club of Ancaster regarding the potential of anaphylactic events (a severe allergic reaction) that may occur in food service outlets, the Board of Health directed the Medical Officer of Health to prepare a report outlining: (i) How we can get the Epinephrine Auto-Injector (EAI) into every food service outlet in Hamilton? (ii) How employees of every food service outlet can be trained to do the auto injections for people suffering from the symptoms? (iii) How EAI kits can be maintained and monitored in every facility? (iv) Provide an approximate cost for full implementation. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability, Cost Consciousness,Equity, Excellence,Honesty, Innovation, Leadership, Respect and Teamwork. SUBJECT: Anaphylaxis (BOH13040) (City Wide) Page 2 of 6 Information: Historical context Since receiving this direction Public Health Services (PHS) has been collecting information on this matter and been in regular contact with various parties including representatives of the Rotary Club of Ancaster; Dr. Waserman a local physician that is an expert the study of anaphylaxis; the Executive Difector of Anaphylaxis Canada; School Board representatives and representatives of the pharmaceutical industry. While PHS does not have a mandate to directly deliver such a service the staff have been facilitating the dialogue on this matter to assist the community. PHS has the greatest influence in population health by providing advice and support. For some matters PHS is charged to ensure activities, and less frequently PHS provides direct service where required to do so by standard or Board of Health direction. As it applies to anaphylaxis PHS has no direction or standard to be involved in the operations and the review of this matter is based on PHS fulfilling its advisory role. Definition and Background "Anaphylaxis is a serious allergic reaction that is rapid in onset and may cause death."' Anaphylaxis can occur after someone is exposed to something they are allergic to that may or may not have been identified prior to the event (e.g. peanut butter) and it is important to react quickly and appropriately.2 The key signs and symptoms of anaphylaxis that a person may have include one or more of the following: trouble breathing; hives or swelling, a drop in the person blood pressure, and abdominal cramps. Ben-Shoshan et al (2010) reported that in Canada, "Food allergy affects up to 2.5% of the adult population and 6% to 8% of children less than 3 years of age and is associated with significant morbidity and mortality. The incidence rate of anaphylaxis is increasing, and recent US reports suggest that it may be as high as 49.8 per 100,000 person-years. Foods are primary inciting allergens for anaphylaxis, and hospitalizations because of food-induced anaphylaxis are reported to have increased by 350% during the last decade."4 In addition to these findings, Lieberman et al (2010) noted that "food is the most common cause of anaphylaxis in the outpatient setting."5 Based on the results of research conducted in Ontario between 1986 to 2000, "63 confirmed deaths due to anaphylaxis were identified with 32 were related to adverse reaction to food."6 Extrapolating from this data, it is estimated that in Hamilton there would be approximately 1 fatality every 11 years from anaphylaxis. If that one event occurred in a food court and the EAI was immediately available and the problem was immediately recognized and the EAI was used in a timely manner, it may be effective. Xu et al (2010) identified gaps in the management of anaphylaxis by the patients and the care givers citing that, "Studies on mortality in Ontario due to food related OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability, Cost Consciousness,Equity,Excellence,Honesty,Innovation,Leadership,Respect and Teamwork. SUBJECT: Anaphylaxis (BOH13040) (City Wide) Page 3 of 6 anaphylaxis showed that delayed or no administration of epinephrine was a factor in many of the deaths."7 Based on the evidence reviewed it is appropriate for the community to revisit current methods of addressing this health issue and to explore novel approaches. The following section outlines the findings related to the motion (i) How we can get the Epinephrine Auto-Injector (EAI) into every food service outlet in Hamilton? The following steps should be considered: • Identify who in the food industry has interest in participating; • Identify a sustainable funding source for the project; • Develop a means for the food industry to have access, and the authority to dispense the medication. It is important to note that there are approximately 1900 food service outlets in Hamilton that prepare food (Source PHS Food Inspection Division). (ii) How employees of every food service outlet can be trained to do the auto injections for people suffering from the symptoms? The first training objective is to teach employees to recognize the signs of an anaphylactic event and when to use the EAI. This is a more challenging decision than deciding if you should shock a person with a defibrillator in the setting of a full cardiac arrest. In that scenario the signs of cardiac arrest are more dramatic, and more importantly the defibrillator interprets the cardiac rhythm and determines for the rescuer if a shock should be given. The determination to administer the epinephrine in an anaphylactic event is based on the rescuers interpretation. The second training objective is how to use the EAI. This is a skill based activity that is relatively easy to train. Anaphylaxis Canada has developed an electronic learning module that instructs people on how and when to administer the EAI. The Anaphylaxis Canada Training Program could serve as the basis for the initial educational content for the majority of the audience. Using one educational resource would standardize the education and encourage a consistent approach. Given that the knowledge and skills will be used very infrequently there should be regular refresher education. Anaphylaxis Canada has also developed relevant tools that include an "Anaphylaxis Emergency Plan" intended to improve the evaluation of a person thought to be suffering from anaphylaxis.8 OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability, Cost Consciousness,Equity,Excellence,Honesty,Innovation, Leadership,Respect and Teamwork. SUBJECT: Anaphylaxis (BOH13040) (City Wide) Page 4 of 6 It is important to note food court handlers are relatively transient staff compared to some other positions. To contain the training demands leaders of this initiative may want to consider training other groups such as security guards covering a food court setting. This has the potential to contain the number of persons to be trained and to maintain their skills and knowledge. (iii) How EAI kits can be maintained and monitored in every facility? The EAI expires and must be changed every 18 months. A process must be established to track the location of the EAI and regularly monitor the expiry dates. If the EAI is used or has expired, a system needs to be in place so that it is immediately replenished. This process is similar to tracking public access defibrillators, the batteries and defibrillation pads. Locally, this function has been assumed by the Hamilton Paramedic Service in city facilities. The Paramedic Service is also the lead agency for quality control. The food industry could learn from the Public Access Defibrillator model when they consider these functions for the EAIs. The effort for the Public Access Defibrillation involving —220 units with defibrillation pads that are replaced every 5 years requires approximately 0.2 FTE to oversee all the program functions. The food agency could consider the PAD experience as a guide for the assessing the effort and how to coordinate the oversight of an EAI initiative. (iv) Provide an approximate cost for full implementation To conduct a full cost analysis of implementing and maintaining an EAI program some decisions need to be finalized by the food agency or their designate as to the supporting model they are proposing. The following will provide some guidance on cost implications: There are approximately 1900 food service outlets in Hamilton. If each site has one EAI and they are on an 18 month replacement cycle, then each year 1,266 EAI would have to be replaced. Each EAI is approximately $100 so the total annual replacement cost for EAls is $126,660. The educational content to train a rescuer how and when to use and EAI is available through Anaphylaxis Canada. In general, initial basic training could be accomplished within 2 to 3 hour session and regular training refreshers are required as this is low frequency use. To assess the training cost implication, each employer needs to determine if successfully completing the training is a job requirement, if the employer is paying for the employee time while being trained, and any potential compensation for this additional duty. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness,Equity, Excellence,Honesty,Innovation,Leadership, Respect and Teamwork. SUBJECT: Anaphylaxis (BOH13040) (City Wide) Page 5 of 6 There are approximately 14,000 food handlers at any given time in Hamilton and they are certified every 5 years (2800 food handlers each year). This may create the opportunity to evaluate the skill of the food handlers if it was added to the recertification process. Other Considerations/Next Steps Dr. Waserman's advice is to conduct more research to identify the needs related to anaphylactic events and then formulate a strategy to address key gaps. Dr. Waserman has agreed to lead this analysis and seeking grant funding. Arising from this review there may be an opportunity for a local feasibility study to test an operational model (i.e. in food outlets or food courts with food handlers or security staff). PHS will continue to support Dr. Waserman and the community in their review of this initiative. PHS will also work with Dr. Waserman, Anaphylaxis Canada and others to support their public awareness campaigns related to anaphylaxis. Summary PHS will continue to provide policy advice as it relates to population health and anaphylaxis and facilitate conversations between the parties as appropriate. References Sampson et al, J Allergy Clin Immunol 2006;117(2):391-7; Second symposium on the definition and management of anaphylaxis: Summary report—Second National Institute of Allergy and Infectious Disease/Food Allergy and Anaphylaxis Network symposium 2 Retrieved October 3, 2013, httpsi/lallergiclivinq.cam/index.phpi2010/08/31/signs-and-symptoms-of-food-allerqy-2/) Allergic Living, Signs and Symptoms of Food Allergy 3 Retrieved October 3, 2013 http./iwww.aacijournaLcom;content/7/S1/S7/table:T4 Waserman and Watson Allergy, Asthma & Clinical Immunology 2011 7 (Suppll):S7 doi:10.1186/1710- 1492-7-S1-S7, Table 4, Clinical criteria for diagnosing anaphylaxis. ' Ben-Shoshan, M., Harrington, D.W, Soller,L., Fragapane, J., Joseph, L., St Pierre, Y., Godefroy,S.B., Elliot, S.J., and Clarke, A.E., A population-based study on peanut, tree nut, fish, shellfish, and sesame allergy prevalence in Canada; J ALLERGY CLIN IMMUNOL, 2010, p. 1-8. 5 Retrieved October 4, 2013 http.liwww.aaaai.orgiAaaai lmedia/MediaLibrary PDF'o20Documents/Practice%20and`'t20Parameters;An aphylaxis-2010.pdf Lieberman P. J ALLERGY CLIN IMMUNOL 2010; 126(3)477-480. The diagnosis and management of anaphylaxis practice parameters: 2010 Update. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission: WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability,Cost Consciousness, Equity,Excellence,Honesty, Innovation, Leadership, Respect and Teamwork. SUBJECT: Anaphylaxis (BOH13040) (City Wide) Page 6 of 6 6 Retrieved October 4, 2013 hht.i/books.qoogle.calbooks?id=mMLVx70355kC&pq=PA184&Ipq=PA184&dq=A+study+of+32+food+inc used+anaphylaxis+deaths+In+Ontario.+1985- 2000.&source=bl&ots=7Q38WCUfJf&sig=9egCTXnOPWJLyFGIZpeQYAeHDVY&hl=en&sa=X&ei=o288Uv eNIZLd4AOJoIHYCQ&ved=OCEQO6AEwAw 4v=onepage&q=A%23study%20of%2032°,020food'/°20induc ed%20anaphylaxis°i°20deaths%20in°%0200ntario%3A%201986-2000 &f=false Coutts, J., Fielder, R: Management of Food Allergens, 12.1 Rationale to Act on Preventing Food Allergy Incidents in Canada, p. 185 citing; Salter J, Mehra S, Cairns JT, Sussman G, Vadas P: A study of 32 food induced anaphylaxis deaths in Ontario: 1986-2000. Retrieved October 4, 2013 http /iwww.aaci journal.com/contentipdfl1713-1492-6-30.pdf Xu, Y., Waserman, S.B., Waserman, S., Connors, L., Stawiarski, K., Kastner, M.: Food allergy management from the perspective of patients or caregivers, and allergists: a qualitative study. Allergy, Asthma & Clinical Immunology 2010 6:30. 8 Retrieved October 4,2013 Hun l ■MMN anaphylaxic_ra/f0e /Ar laphylaric°,2(1Fmnrgonru°.7t1PIan Pnrrlich 7014 r',rU Think Fast Poster and an Anaphylaxis Emergency Plan. OUR Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. OUR Mission:WE provide quality public service that contribute to a healthy,safe and prosperous community,in a sustainable manner. OUR Values:Accountability, Cost Consciousness, Equity,Excellence, Honesty, Innovation,Leadership, Respect and Teamwork. BOARD OF HEALTH REPORT 13-009 AS AMENDED BY COUNCIL ON OCTOBER 23, 2013 1:30 p.m. Monday, October 21, 2013 Council Chambers Hamilton City Hall Present: Mayor. R. Bratina, Councillors C. Collins, S. Duvall, J. Farr, L. Ferguson, B. McHattie S. Merulla, J. Partridge, R. Pasuta, M. Pearson, R. Powers, T. Whitehead Absent with B. Clark— City Business regrets: T. Jackson — City Business B. Johnson — City Business B. Morelli — Illness THE BOARD OF HEALTH PRESENTS REPORT 13-009 AND RESPECTFULLY RECOMMENDS: 1. Infectious Disease and Health Hazard Semi-Annual Report — Q1 and Q2 (January 1, 2013 to June 30, 2013) (BOH13038) (City Wide) (Item 5.2) That Report BOH13038 respecting Infectious Disease and Health Hazard Semi- Annual Report — Q1 and Q2, be received. 2. Climate Change Actions 2012 (BOH13024) (City Wide) (Item 7.1) (a) That the City increase Hamilton's greenhouse gas emissions targets to 80% by 2050; (b) That the Public Works Department with support from the City Manager's Office, enhance the Corporate Climate Change Action Plan (PED06336(a)) to set new targets and report to the Board of Health respecting the progress; (c) That Public Health Services, in partnership with community groups be Council — October 23, 2013 Board of Health REPORT 13-009 Page 2 of 10 directed, pending identification of a funding source, to lead the development of a Community Climate Change Action Plan to set new targets and report to the Board of Health respecting the progress; (d) That the City Manager's Office, with support from the Public Works, Emergency and Community Services, Public Health Services, Planning and Economic Development Departments, form a working group to undertake a climate change vulnerability study and risk assessment of services and operations impacted by extreme weather events (e.g. flooding, increased temperatures, increased storms) and report back to the Board of Health on the assessment, and actions to reduce these risks. 3. Clean Air Hamilton 2012 Progress Report (BOH13023) (City Wide) (Item 7.2) (a) That Appendix A "Clean Air Hamilton Air Quality Progress Report 2012" attached to Report BOH13023 respecting air quality in Hamilton be received; (b) That staff from Public Health Services be directed to work with staff from the Planning and Economic Development Department to review planning process options for the adoption of the D-Series Guidelines from the Ontario Ministry of Environment to address land use planning; (c) That staff from Public Health Services, Planning and Economic Development, and Public Works Departments be directed to review options that can be taken at a municipal level to control and reduce air particulates; (d) That City staff from Public Works Department continue to support the implementation of low-emission transportation alternatives and identify opportunities for increasing the use of green corridors for active transportation. 4. Anaphylaxis (BOH13040) (City Wide) (Item 7.3) That Report BOH13040 respecting Anaphylaxis, be received. 5. Nutritious Food Basket (BOH13030) (City Wide) (Item 8.1) (a) That correspondence be sent to the Premier of Ontario, and the Minister of Community and Social Services, requesting an increase in social assistance rates to a level that reflects the true costs of nutritious food and housing, considering the annual results of the Ministry of Health and Long- Term Care's Nutritious Food Basket survey, and the Canada Mortgage Council — October 23, 2013 Board of Health REPORT 13-009 Page 3 of 10 and Housing Corporation Rental Income (Ontario) reports. (b) That in the interim, the Board of Health requests an immediate increase of$100 per month, for every adult in receipt of social assistance; (c) That the Board of Health requests the Ontario government sign a bilateral housing agreement with the Federal government that will commit funds for cost-sharing the five year extension of the federal Investment in Affordable Housing Program. 6. Update to Supporting Neighbourhoods in Managing Community Consequences of Addictions (BOH12008(a)) (City Wide) (Item 8.2) That Report BOH12008(a) respecting an Update to Supporting Neighbourhoods in Managing Community Consequences of Addictions, be received. 7. 2014 — 2017 Community Accountability Planning Submission to the Hamilton Niagara Haldimand Brant Local Health Integration Network (BOH13043) (City Wide) (Item 8.3) (a) That the 2014-2017 Community Accountability Planning Submission required by the Hamilton Niagara Haldimand Brant Local Health Integration Network to negotiate the new Multi-sector Service Accountability Agreement for Public Health Services, Community Mental Health Promotion Program of the Mental Health and Street Outreach Services, and Alcohol, Drug & Gambling Services programs, be approved; (b) That the Medical Officer of Health be authorized and directed to negotiate, in a form satisfactory to the City Solicitor, the 2014-2017 Multi-sector Service Accountability Agreement between the City and the Hamilton, Niagara, Haldimand, Brant Local Health Integration Network, and to execute the Agreement; (c) That the Medical Officer of Health be authorized and directed to negotiate, in a form satisfactory to the City Solicitor, any required amending, ancillary or related agreements, including funding agreements, during the term of the 2014-2017 Multi-service Sector Accountability Agreement; (d) That the Medical Officer of Health be authorized to execute any amending, ancillary or related agreements, including any related documents and reports required to give effect thereto or required by the Agreement. 8. Progress Update on Good 2 Go Food Box Pilot Project (BOH13039) (City Wide) (Item 8.4) That Report BOH13039 respecting an Progress Update on Good 2 Go Food Box Council — October 23, 2013 Board of Health REPORT 13-009 Page 4 of 10 Pilot Project, be received. 9. Invitation for the Ministry of the Environment to attend a meeting of the Board of Health (Item 9.1) (a) That the Ministry of the Environment be invited to a meeting of the Board of Health to discuss the findings of Report BOH13023, respecting Clean Air Hamilton 2012 Progress Report; (b) That a Copy of Report BOH13023, respecting Clean Air Hamilton 2012 Progress Report, be sent to the Ministry of the Environment for their information prior to appearing at a Board of Health meeting. 10. Epinephrine Auto-Injectors Pilot Program in City of Hamilton Food Outlets (Item 9.2) (a) That Public Health Services be directed to work with Dr. Wasserman at McMaster University, and Anaphylaxis Canada to develop an epinephrine auto-injectors in food outlets pilot program by March 31, 2014 at either a Hamilton mall, or nationally recognized food outlet chain; (b) That Public Health Services report back in twelve months with the results of the pilot project with considerations to put epinephrine auto-injectors in every food outlet in the City of Hamilton and include all municipal buildings; (c) That the City Solicitor be directed to report back to the Board of Health on the Good Samaritan Act and other legislation as it relates to liability of parties involved in such a pilot project; (d) That the Epinephrine Auto-Injectors Pilot Program in City of Hamilton Food Outlets be funded from the Tax Stabilization Reserve number 11046, and that staff report back through the annual Reserve Report as to the funding commitment FOR THE INFORMATION OF COUNCIL: (a) CHANGES TO THE AGENDA (Item 1) ADDED DELEGATION REQUESTS (i) Sally Palmer representing the Nutritious Food Plan Committee wanting to speak to the Progress Update on Good 2 Go Food Box Pilot Project (Item 4.1) Council — October 23, 2013 altr- R&C-2014-06 Niagara/ails May 13, 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-2014-06 Allister Young Arts & Culture Endowment Fund 2014 Recipient RECOMMENDATION: That Council approve Emily Andrews as the 2014 Allister Young Arts&Culture Endowment Fund Recipient. EXECUTIVE SUMMARY The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara Falls resident in any creative arts field. The Arts & Culture Committee received several applications for the award. After careful review and consideration Emily Andrews was recommended as the 2014 recipient. Emily is a multimedia artist, actress, and musician from Niagara Falls whose endeavours include painting, drawing, collage, and sculpture. BACKGROUND In 1997, Mr. Allister Young donated a 1932 Ford Roadster to the Arts & Culture Commission (now the Arts & Culture Committee). The Commission raffled the car off and the money raised from the sale of tickets was used to support the Young Family Endowment Fund. Several changes have been made to the endowment fund since it began in 1998 including changing the name from the Young Family Endowment Fund to the Allister Young Arts & Culture Endowment Fund. The criteria for applications is as follows: 1. All individual applicants must be residents of the City of Niagara Falls; 2. Applicants may submit only one application to each deadline; 3. Members, and relatives of the Arts & Culture Committee are not eligible to apply; 4. Recipients must be active artists in any creative arts field in the City of Niagara Falls; 5. Recipients must have accumulated substantial volunteer hours in the arts or in an arts organization in Niagara Falls; 6. Recipients must be in Grade 12 or above to receive the award. May 13, 2014 -2 - R&C-2014-06 Completed applications must include the following: 1 . Applicants must submit a resume, along with either a digital portfolio, video, examples of written/performance work, or a website address; 2. Applicants must provide a written artist statement and statement of intention; 3. Applicants must submit a letter substantiating their volunteer hours with an arts organization; 4. Applicants must agree to be available for promotion of the Allister Young Arts & Culture Endowment Fund award. One annual award of $1000 be awarded to an artist in Niagara Falls. ANALYSIS/RATIONALE The Allister Young Arts & Culture Endowment Fund was established to provide an arts awards program. The applicant that was selected meets all of the requirements to be eligible for the award. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The funds for the Allister Young Arts & Culture Endowment Fund are contained in a Special Purpose Reserve Fund, earn interest on an annual basis, and do not impact the annual operating budget. CITY'S STRATEGIC COMMITMENT The City's Recreation &Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Allister Young Arts & Culture Endowment Fund the Committee is able to support a local artist who has contributed to enriching the lives of Niagara Falls residents, our community, and the economy. ATTACHMENT 1. Background information on the 2014 Allister Young Arts&Culture Endowment Fund Recipient. Recommended by: - vi if(if�i Attachment#1 - R&C-2014-06 2014 Allister Young Arts & Culture Endowment Fund Recipient Background Information Emily Andrews • Graduate of Brock University with B.A. in Visual Arts • Multi-media artist (painting, drawing, collage, and sculpture), actress, and musician • Participated in numerous local group exhibitions/shows since 2009 • Artist in Residence in 2012 for Community Artist Niagara - funded by the Ontario Trillium Foundation • Actively involved in the Niagara art community for over 7 years including organizing exhibitions and fundraisers, as well as supporting countless arts organizations and events through volunteer service • n . N t xzA ;.+ j, x1, ta oc i,...y' , , A� iF y Y s r\L � 7s„ft b � `. 3 i/a k om” .• 1 HS, rLp �° i e -- t y+� r' .71N el- . � > \ - \ ^ � \ an 4 \ § . . ( < 1 . err Tm - r ■ - • "• t> < * Afr / § . . \ < . & `/ \ _ Fit f . . . ° V 2 - ! '/. \ . 4 --c \ � . - .. \ y/ \ \ 2 ? < yy/ © «>< ; y < 2 � *© >2 � �` a a : \1 • � � » . Community Services Department Recreation & Culture - , • I • Inter-Department Memorandum TO: Cathy Crabbe DATE: May 13, 2014 Mayor's Office FROM: Lori Albanese a Community Development Coordinator Ext. 3332 RE: Awards at Council - Tuesday, May 13, 2014 Niagara Falls Minor Midget `A' Canucks Hockey Team Ontario Minor Hockey Association (OMHA) Champions Earlier this year in March, the Niagara Falls Minor Midget 'A' Canucks Hockey Team captured the Ontario Minor Hockey Association Championship. A great accomplishment for these young men, as they are the first Niagara Falls 'A' Team to win the Provincial Championship. The Canucks played 15 playoff games to win the Championship, with seven of the fifteen games going into overtime. Proudly representing the City of Niagara Falls in their quest for Gold, they eliminated the Amherstburg Stars in the quarter final series, the Woolwich Wildcats in the semi- final series and the number one rated team in Ontario, the Quinte Hawks in the Final series. Many of the players have been playing together since Peewee and through perseverence they have captured the well-deserved championship. The City of Niagara Falls is proud to honour them here tonight on their great accomplishment. Congratulations to the entire Team! The list of team members is attached. cc.Dean iorfida, Kathy ivioidenhauer S: Awards 2014 May 13 -NF Minor Midget A Canucks Hockey Team-Ontario Minor Hockey Assoc Champs.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building&By-Law Services Niagara Falls Minor Midget `A' Canucks Hockey Team 2013/14 (Ontario Minor Hockey Association (OMHA) Champions) 33 — DANTE MANCUSO - G 35 — DYLAN KISS - G 3 - CONOREGAN 7 — RYAN CAHILL 8 — PHILLIP LAGROTTERIA 9- BLAKE LANGBROEK 16 — BEN KROWCHUK 17 — JASON BALDINELLI 19 — MIKE CORLIS 24 — JARED MAIDEN 44 — DILLON HILL " A" 66 — RICHARD DESCHATELETS "A" 71 — TYLER SCHOLZ 74 — ERIC MARRIOTT 77 — OWEN DEVINE "C" 88 — MITCHELL CHAKE 89 — MATTHEW REINHARDT 93 — RYAN DEGIULI "A" 98 — MATT BOSCO HEAD COACH — ROB DEGIULI ASS'T COACH — RAY CARR ASS'T COACH — KYLE DEGIULI MANAGER — PETE SENESE TRAINER — JEFF HUGHES -o r D Z Z Z G) 3 D 1 1 m 73 co rf� PBD-2014-28 Niagarraf?alls May 13, 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-2014-28 AM-2014-001, Official Plan and Zoning By-law Amendment Application 2349 Portage Road Applicant: Elias Dremetsikas Agent: Michael Allen, ACK Architects Proposal: Two, 3 Storey Apartment Buildings RECOMMENDATIONS 1. That Council approve the Official Plan and Zoning By-law amendment application to: redesignate the lands from Open Space, in part, and Niagara Escarpment Plan Area, in part, to Residential with a Special Policy Area designation to permit the development of two apartment buildings up to a maximum density of 62 units per hectare and a maximum height of 3 storeys and 13.1 metres; and rezone the lands to a Residential Apartment 5B Density (R5B) zone with site specific regulations for lot area, front yard depth, building height, balcony projections and to allow 2 apartment buildings on one lot. 2. That the zone contain a holding (H) provision prohibiting development on the land until a further air quality analysis is completed and a Record of Site Condition is filed with the Ministry of the Environment. EXECUTIVE SUMMARY Elias Dremetsikas has requested Official Plan and Zoning By-law amendments to redesignate the lands Residential with a Special Policy Area designation and rezone the lands a site specific Residential Apartment 5B Density (R5B) zone to permit the construction of two, 3 storey apartment buildings containing a total of 72 units. The amendments can be supported because: • lands designated Open Space that are in private ownership are not intended to remain as open space and so designated indefinitely. When a public agency does not wish to purchase open space lands, due consideration is to be given to the most desirable use; May 13, 2014 -2 - PBD-2014-28 • lands within the urban boundary are not intended to be designated Niagara Escarpment Plan Area. This designation predates 2005 and remains on a portion of the lands from when they were located outside of the urban boundary; • the requested Residential designation is consistent with the designation of the abutting lands; • the proposal conforms with the Official Plan's policies regarding the location,density and height of apartment buildings and will assist in providing a choice of housing in the neighbourhood; and • the requested site specific Official Plan and Zoning By-law amendments will limit the development of the site to what is proposed. The amending by-law should include holding (H) provisions prohibiting the development of the land until a further air quality analysis is completed and a Record of Site Condition is filed with the Ministry of the Environment. Many of the neighbours' concerns about how the site is to be developed will be addressed through site plan control. BACKGROUND Proposal Official Plan and Zoning By-law amendments are requested for a 1.1 hectare (2.9 acre) parcel of land known as 2349 Portage Road. The amendment is requested to permit the construction of two, 3 storey apartment buildings with a total of 72 dwelling units. Schedules 2 and 3 show details of the proposed development. The lands are designated Open Space, in part, and Niagara Escarpment Plan Area, in part, in the City's Official Plan. The applicant is requesting the subject lands be redesignated to Residential with a Special Policy Area designation to limit the development of the land to what is proposed. The lands are zoned Open Space (OS-79), in accordance with Zoning By-law No. 79-200, to recognize the location of the existing building. The zoning of the lands is requested to be changed to the Residential Apartment 5B Density (R5B) zone, with site specific regulations for lot area, front yard depth, building height and balcony projection, and to allow two apartment buildings on one lot. Site Conditions and Surrounding Land Uses The property is occupied by a vacant building which has been used as the Greek Cultural Centre. Several large mature trees exist along the north property line. The lands to the north contain an active sand and gravel pit.These lands have Official Plan and Zoning By-law approval to be redeveloped with two, 10 storey apartment buildings and townhouse dwellings, providing up to 276 dwelling units. The northerly portion of this parcel (the pit) is intended to be redeveloped as a golf course. Single detached dwellings May 13, 2014 -3 - PBD-2014-28 exist to the east and south. A hydro corridor and railway are are located further south. Industrial uses are located further to the north, along Stanley Avenue. Circulation Comments Information regarding the requested Official Plan and 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 Provincial or Regional perspective. The amendments will provide for a more efficiently use the land and will help the City achieve intensification targets for new development within the City's built-up area. A holding (H)provision is recommended until a Record of Site Condition is filed and acknowledged by the Ministry fo the Environment, and a further air quality analysis, as recommended in the air quality study submitted with the application, is completed.The Region will be rehabilitating Portage Road and will be constructing storm and sanitary services in partnership with the City to serve the area, including this site. As the proposal will generate less than 100 new trips in the peak hour, a traffic impact study is not required. • CN Rail No objections. An environmental easement (warning future residents of railway operations) is recommended to be registered on title. This can be addressed at the site plan stage. • Municipal Works, Parks Design No objections to the application. Servicing and landscape plans and a stormwater management brief will be required at the site plan stage. Funds for the construction of a sidewalk along the frontage of the property will be required at the site plan stage. A cash-in-lieu of parkland dedication will be required at the Building Permit stage. • Fire Services, Legal Services, Niagara Falls Transit, Building Services, Transportation Services - No objections. • Neighbour Comments - Two letters were received from neighbours and are included on tonight's agenda for consideration. The first letter cites a number of concerns, including a lack of local services, sewer and traffic impacts, loss of open space, disruption from construction, potential trespass as well as concerns about the current illegal use of land for motocross bikes. A letter from the landowner to the north supports the proposal, but requests an opportunity to be included in the site plan process. May 13, 2014 -4 - PBD-2014-28 Neighbourhood Open House A neighbourhood open house held on March 24, 2014 was attended by 6 neighbours. The neighbours expressed concerns about traffic, municipal services, tenure, property values and disruption from the demolition of the existing building and construction of the new buildings. The applicant confirmed that the building is intended to be high quality and marketed to seniors. The applicant agreed to secure the property against trespass and illegal dumping and stated that once the project is developed, trespassing would be eliminated. The Region (who has jurisdiction over Stanley Avenue and Portage Road) has responded to the concerns about services and traffic, noting that a joint project with the City will extend new sanitary and storm services up Portage Road to this location. The Region noted that an Environmental Assessment did not recommend improvements or signalization of the intersection of the two roads. The development will not generate a sufficient number of trips to require a traffic study. ANALYSIS 1 . Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area by the year 2015. The proposed apartment buildings are one example of intensification. 2. Official Plan The lands are designated Open Space, in part, and Niagara Escarpment Plan Area, in part, in the City's Official Plan. Lands designated Open Space that are in private ownership are not intended to remain as open space and so designated indefinitely. When a public agency does not wish to purchase open space lands, due consideration is to be given to the most desirable use. Lands within the urban boundary are not intended to be designated Niagara Escarpment Plan Area. This designation predates 2005 and remains on a portion of the lands from when they were located outside of the urban boundary. A Residential and Special Policy Area designation are requested to permit the proposed apartment buildings. A copy of the proposed Official Plan amendment is attached as Appendix 1. The requested amendment is acceptable for the following reasons: - The elimination of the Niagara Escarpment Plan Area designation from the lands is a housekeeping matter as the area under the control of the Niagara Escarpment Commission does not affect any of the subject lands. - With the exception of the hydro corridor to the south, the lands abut Residentially designated land on all sides. The requested amendment will assist in providing a wider choice of housing in the neighbourhood. May 13, 2014 -5 - PBD-2014-28 - The Official Plan permits apartment dwellings to be developed along arterial roads with densities up to 75 units per hectare and heights of 4 storeys. Through the requested Special Policy Area designation, the applicant is seeking a lesser number of units and building height (62 units per hectare and 3 storeys in height). The requested density and height meets the intent of the Official Plan and will provide a gradation in building heights between the approved 10 storey apartment dwellings to the north and the single detached dwellings to the southeast. - The proposal is compatible with the surrounding low density housing and provides sufficient setbacks from adjacent streets. - Existing and proposed services are adequate to serve the development. In addition, there are no concerns with respect to the capacity of the roads to accommodate the traffic anticipated from the development. - The use of landscaping and berming can further assist in screening the proposed buildings and parking from surrounding properties. 3. Zoning By-law The current zoning of the property (0S-79) recognizes the location of the existing building and allows its use for a private club. The zoning of the lands is requested to be changed to Residential Apartment 5B Density (R5B) with site specific regulations to accommodate the proposed apartment dwellings. The following chart compares the current standards of the R5B zone with the proposed regulations: Standards Proposed Minimum Lot Area 133 square metres/unit 160 square metres/unit Minimum Front Yard Depth 7.5 metres 6.4 metres (Portage Road) Maximum Building Height 10 metres 13.1 metres and 3 storeys Maximum Number of Buildings on 1 2 One Lot Maximum Balcony Projection into 0.45 metres 1.8 metres a Side Yard The requested site specific regulations are supportable. The increase in the minimum lot area per dwelling unit will limit the project to 39 dwelling units. As Portage Road has a right-of-way width that is wider than required, it is acceptable to reduce the front yard depth by approximately one metre. The increased building height is to include a decorative parapet to make the building more attractive. Allowing the project to be comprised of two buildings would diminish its overall massing. A balcony projection of 1.8 metres is permitted in the front yard (Portage Road). The applicant is requesting a similar projection be permitted in the exterior yard (Stanley Avenue) to provide some continuity in the design of the two buildings. May 13, 2014 -6 - PBD-2014-28 The property's proximity to a sand and gravel pit means there is a potential of particulate matter that may disturb residents. The applicant submitted an air quality study which concludes the property could be used for residential purposes, however a further air quality analysis should be conducted. The Region has requested a holding (H) provision be added to the by-law to secure the satisfactory completion of an air quality study. The site specific by-law for the proposed residential development to the north has a similar holding provision, requiring the cessation of the quarry use prior to development. It is recommended that the amending zoning by-law contain a H provision requiring a further air quality analysis. The Region has also requested a holding (H) provision to secure the filing of a Record of Site Condition with the Ministry of the Environment prior to development. This is typical of lands used for other purposes that are intended to be converted to residential use. 4. Site Plan Control If the application is approved, the development will be subject to site plan control. Many of the measures to address neighbour concerns can be dealt with at this stage. These include the provision of landscape strips, berms and trees to screen adjacent residents from the buildings and parking area, submission of servicing and drainage plans to ensure drainage does not impact surrounding lands and the submission of lighting and waste disposal details. The applicant's noise consultant has determined that only air conditioning is required to meet applicable transportation noise source guidelines. This can be addressed in the agreement. The land owner to the north has requested to be part of the site plan process. Council may determine if it is appropriate to include interested neighbours in the site plan process. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City strategic priority in that it provides for infill development that occurs in an orderly and efficient manner to take advantage of existing infrastructure. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Site Plan • Schedule 3 - Elevations • Appendix 1 - Draft Official Plan Amendment Recommended by: Alex Herlovitch, Director of Planning, Building & Development � l 7 h� ( Respectfully submitted: Ken Todd„ Chief Ad inistrati4'e Officer A.Bryce:mb Attach. S.\PDR\2014\PBD-2014-28,AM-2014-001,2349 Portage Road.wpd May 13, 2014 -7 - PBD-2014-28 SCHEDULE 1 LOCATION MAP Subject Land IY 1 J i yt Amera!nu tns for nG By- 9.9 No 79-200 February 2011 Location. 2349 Portage Road Applicant: Elias Dremetsikas AM-2014-001 May 13, 2014 -8 - PBD-2014-28 SCHEDULE 2 ;• t 1 A :t • \ ■ is ,N 4.,eA a y i 1. I p11 ‘.. ,ei 1 I II I ii 1 I �t• . ,, I , ',4 j a i, {• I. May 13, 2014 -9 - PBD-2014-28 SCHEDULE 3 'I 11=1_ Sf _ _— s w J if 4. Z ` gs e � sl z W 111111111111 2c u Z , os o 0 0 May 13, 2014 -10 - PBD-2014-28 APPENDIX 1 2479 Portage Road -Draft Official Plan Amendment A. Purpose'.. The purpose of the Official Plan Amendment is to implement a development proposal by identifying the new land use designation, density and building height for the lands at 2479 Portage Road in the City of Niagara Falls.The amendment will re-designate the land at 2479 Portage Road to Residential and create a special policy area to permit two residential apartment buildings, both at a maximum of 3 storeys or 13.1 metres in height and at a total maximum density of 62 units per hectare. The changes include. • To Amend Section the land use schedule for the '.ty of Niagara Falls Official Plan for the lands at 2479 Portage Road from NEC . ape pace to Residential Special Policy No _ • To Amend the City of Niagara Falls Official P 'Text in or. to'dd a Special Policy Area for the lands at 2479 Portage Road, indicating -t the lan.-are-o be developed for two apartment buildings with a ma'. buildinb:.oight of- storeys or 13.1 metres and also to a maximum density of -_units .:4ectare. g. Background: An application to develo, 3e lam. 2479 Portage F':ad in the City of Niagara Falls has been approved in order to de " tie lane •reside .al rental apartment uses.There is a total of 72 dwellings units pr used,w %71 two. .Id 6s with a total density of 62 units per hectare. The building will he: 'orey's in h. '+Witt jacking at grade,The development proposal meets all of the planning arc 'd use cr'-,:ria :_burred in order to support re-designating the lands to Residential Special Policy C. Details of the Amendment: 1. To amend Schedule"A" Future Land Use in the City of Niagara Falls Official Plan in order to remove the NEC and Open Space land use designations from the property at 2479 Portage Road and replace them with a Residential Special Policy Area No. designation. 2. To amend Section 13-Special Policy Areas in the City of Niagara Falls Official Plan in order to add a new Special Policy Area for the lands at 2479 Portage Road with the following verbage: "Special Policy Area applies to approximately 1.159 hectares of land located at 2479 Portage Rood. While the Residential land use policies of the Official Plan will continue to 1 May 13, 2014 - 11 - PBD-2014-28 apply to this orea,the Special Policy Area designation will permit the development of two 3 storey(.13.1m)apartment buildings with a density up to 62 units per hectare.° D. Implementation: This site specific Official Plan Amendment re-designates the lands at 2479 Portage Road in the City of Niagara Falls to Residential and will be read and implemented in conjunction with the overall policies in the plan. 2 _4010, Planning Scenn t/ Andrew Bryce From: Chris Hawkswell <chris @niacon.ca> Sent: Saturday, March 29, 2014 11:56 AM To: Andrew Bryce Subject: FW: Greek Cultural Centre - 2349 Portage Road Attachments: zoning and location map blocked out 2.pdf Ant-2-0111-0W Andrew: Re: 2349 Portage Road (Assessment Roll No.: 2725-100-002-04000) Official Plan and Zoning By-law Amendment Application—City File AM-2014-001 Applicant: Elias Dremetsikas Open House Angelo Muraco and I attended, on behalf of 1251600 Ontario Limited, the subject Open House, this past Monday March 24, 2014 at City Hall and voiced our concern about the subject development. Our company has owned the neighboring property to the N/W (see attached shaded red) for 12 plus years and have recently attained development approval, for our parcel, that includes substantial residential development immediately adjacent to the subject development. We fully support the redevelopment of the subject site to residential by the developer, however, given the level of investment we have in our site, we are sensitive to what is happening in our neighborhood and would like to be part of the site plan process, to be assured that the following items are addressed to our satisfaction: o Sufficient parking o Satisfactory separation (ie. fencing/screening) for headlights and aesthetics o Exterior building facades remain generally as shown, at the Open House, with high quality materials o Satisfactory treatment of garbage and waste (indoor refrigerated) In addition; we would like to bring attention to the fact, and secure the developers acknowledgement, that our Extraction Permit is still active with the Ministry of Natural Resources; in other words we are still mining sand for sale. Trusting both Planning and the developer can appreciate our concerns. Best Regards, Chris Hawkswell for 1251600 Ontario Limited Chris Hawkswell Pnricipal NIACON Head Office: 2233 Stan ey ave M:agara �3iS Or'raro 2E3sz, RECEIVED Mailing Address' P ecx :54 MAR 3 1 2014 Queens:o 0n2arc I. . PLANNING 1 DED tEL'JPMEN' �J ",---) ft)„e_ e-124L-Xte___ • -----d-e. <1.-- . et--CC /12-7,- ren-01Cg 7--t- 4_ Aer-yerit_i_, . 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Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-27 AM-2013-008, Zoning By-law Amendment Application 6289-6311 McLeod Road Applicant: Niagara Olympia Homes (George Bandi) Proposal: 4 Storey, 39 Unit Apartment Building RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to change the zoning of the property to a site specific Residential Apartment 5D Density (R5D) zone to permit the construction of a 4 storey, 39 unit apartment building. 2. That the zone include a holding (H) provision prohibiting development on the land until a noise analysis has been completed, and include regulations limiting the building to 39 units and requiring: a 1.8 metre high wood fence along the rear and side lot lines; a rear yard depth of 21 metres; a pitched roof on the building; and a 3 metre wide landscape strip along the rear lot line. EXECUTIVE SUMMARY The applicant has requested a Zoning By-law amendment to rezone the land a site specific Residential Apartment 5D Density (R5D) zone which would permit the construction of a 4 storey, 39 unit apartment building. The amendment can be supported because: • the subject land is located on McLeod Road which is identified in the City's Official Plan as an intensification corridor, where mid-rise residential buildings are anticipated; • the apartment building is in keeping with the building heights and densities envisioned in this location; and • the project will be compatible with the surrounding land uses. The requested zone should include the regulations noted in the report to ensure land use compatibility with the surrounding properties. In addition, the amending by-law should contain a holding provision prohibiting development until a noise analysis has been completed to address the Region's concerns. May 13, 2014 -2 - PBD-2014-27 BACKGROUND Proposal George Bandi has requested a Zoning By-law amendment for the 0.34 hectare (0.85 acre) parcel known as 6289-6311 McLeod Road. The amendment is requested to permit the construction of a 4 storey, 39 unit apartment building. Schedules 2 and 3 show details of the proposal. The land is currently zoned Residential Apartment 5B Density with site specific regulations (R5B-828) permitting a 3 storey, 24 unit apartment building. The applicant is requesting the land be rezoned Residential Apartment 5D Density (R5D)with site specific regulations to adjust the side yard width, landscaped open space, building height and parking regulations. Site Conditions and Surrounding Land Uses The property is currently vacant. It was formerly occupied by 2 single detached dwellings. A motel and a place of worship are located to the east. The lands to the west, south and north are primarily occupied by single detached dwellings with some apartment buildings further to the west. 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 Provincial or Regional perspective. The proposal will help the City achieve intensification targets for new development within the City's built-up area. To ensure residents are not adversely impacted by road noise, a holding (H) provision should be included in the amending by-law to secure a noise study prior to construction. Improvements to Mcleod Road are expected to be completed in the next 5 years and include improvements to the McLeod Road and Drummond Road intersection expected in 2015. At the site plan stage a further review of the proposed entrance will be conducted. • Transportation Services No objections to the rezoning. As the proposal will generate less than 20 new trips in the peak hour, a traffic impact study is not required. May 13, 2014 - 3 - PBD-2014-27 • Municipal Works, Parks Design - No objections to the rezoning. A servicing report and detailed servicing/grading plans and landscape plans will be required at the site plan stage. A cash-in-lieu of parkland dedication will be required when the project is developed. • Fire Services, Legal Services, Niagara Falls Transit, Building Services - No objections to the rezoning. • Resident Comments - One letter of objection was received from a resident on Hawkins Street and is included on tonight's agenda. The letter cites concerns about visual impact, loss of privacy, noise and lighting, vandalism and traffic impacts. Verbal comments were received from other Hawkins Street residents noting they did not object to the proposed apartment building, but were concerned about the location of the waste disposal enclosure. Neighbourhood Open House A neighbourhood open house held on March 19, 2014 was attended by four neighbours. Concerns were expressed about the potential for vandalism and trespass without proper fencing along the east property line, garbage collection, stormwater management and traffic. Residents also expressed concerns about traffic accidents on McLeod Road and traffic infiltration on Heximer Street. One neighbour noted that she was not objecting to the development, but had concerns about current traffic conditions along McLeod Road, damage to her property and the timing of construction of the building and the McLeod Road improvements (heavy construction should occur outside of the tourist season). The applicant indicated that he would put up a wood fence along the east property line (including the church property) to screen residents along Hawkins Street from the development. The developer also noted he would take the comments about the timing of construction into consideration and that his engineer would be doing a stormwater management plan to address drainage at the site plan stage. Staff also briefed residents on information provided from the Region about the reconstruction of McLeod Road. The Region has informed staff that any road reconstruction would likely occur in the spring or fall to avoid the tourist season. While no extensive expropriation of lands is required at this time, the Region may approach landowners around the intersection of McLeod Road and Drummond Road to negotiate the purchase of lands necessary for the reconstruction of this intersection. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area by the year 2015. The proposed apartment building is one example of intensification. May 13, 2014 -4 - PBD-2014-27 2. Official Plan The subject property is designated Residential in the City's Official Plan. The property is located on McLeod Road which is identified in the City's Official Plan as an intensification corridor where mid-rise residential buildings are anticipated. The apartment building, at a height of 4 storeys and a density of 114 units per hectare, is in keeping with the building heights (4-6 storeys) and approximate densities (100- 120 units per hectare) envisioned in this location. The project incorporates design features anticipated by the Official Plan, including a rear yard setback greater than the height of the building, a roof feature to reduce the impact of a taller building, parking in the side yard and a landscaped front yard to engage the street. These features will assist in creating an attractive streetscape and will ensure the project's compatibility with the lower density residences to the north. McLeod Road can accommodate the modest traffic anticipated from the project. Planned improvements to McLeod Road will assist in accommodating traffic. The site is serviced by three transit routes. 3. Zoning By-law The current zoning of the property (R5B-828) permits a 3 storey, 24 unit apartment building. The zoning of the property is requested to be changed to Residential Apartment 5D Density (R5D) with site specific regulations to accommodate a building with 4 storeys and 39 dwelling units. The following chart compares the current regulations of the property, the standard regulations of the R5D zone and the proposed regulations: Current Standard Proposed (R5B-828) (R5D zone) Maximum Building Height 12.5 metres and 3 22 metres 16 metres and 4 storeys, including a storeys, including pitched roof a pitched roof Minimum Side Yard Width 4.5 metres /: building height 4.8 metres vs 8 West Side metres Minimum Landscaped 35% of the lot area 45% of the lot 28% of the lot Open Space including a 3 m area area landscape strip along the rear lot line Parking requirements 1.4 spaces/unit 1.4 spaces/unit 1.3 spaces/unit The 3.5 metre increase in building height is requested to accommodate a fourth storey. The height of the building at the top of the fourth storey is about 12 metres. The most sensitive abutting land uses are the detached dwellings located to the north of the property. The required rear yard depth of the R5D zone is the greater of, one-half the building height or 10 metres. In this case a rear yard depth of 21 metres is proposed whereas the minimum setback would be 10 metres. A rear yard depth which is twice the minimum standard should lessen any impact of the May 13, 2014 -5 - PBD-2014-27 additional storey. The proposed yard should be included as a regulation in the amending by-law. Similar to the approved apartment building, the proposed apartment building includes a pitched roof that is intended to improve its appearance. The amending by-law should include regulations that specify a maximum of 4 storeys and that the maximum building height includes a pitched roof so that the full height is not used to achieve a fifth storey or area for human occupancy. Similar to the approved 3 storey apartment building, the 4 storey apartment building is proposed to be sited on the west side of the property. Relief is required to the minimum westerly side yard width due to the additional storey. Based on the height of the building to the top of the roof, a side yard width of 8 metres would be required. However, measured from the top of the 4`h storey, a side yard width of 6 metres would be required. Since the proposed roof is pitched and the lands to the west are also anticipated to be developed for future apartments, a side yard of 4.8 metres is acceptable. Landscaped open space is intended to enhance the appearance of properties and to provide opportunities for outdoor recreation. Compared to the approved development, the proposal requires a reduction in landscaped open space of approximately 7%. The reduction in landscaped open space is required to accommodate the parking spaces needed for the 15 additional dwelling units. As the proposed landscaping has been configured to abut the more sensitive land uses to the west and north and to complement the streetscape, the reduction is acceptable. Staff recommend that the landscape strip along the rear lot line be increased from 2 to 3 metres to better buffer the abutting dwellings to the north. This would be consistent with the current requirement and should be included in the amending by-law. The applicant has requested the parking requirements to be reduced from 1.4 to 1.3 spaces per dwelling unit. The City's Transportation staff have no concerns or objections to this because the site is located on a transit route and it only represents a 10% reduction. In an effort to address the concerns expressed by area residents about the visual impact of the project and a loss in privacy, the amending by-law should include a regulation requiring the erection of a wood fence along the rear and side lot lines. A typical 1.8 metre high board-on-board wood fence should be sufficient given the setback of the building. Fencing would not be required abutting the front yard to provide visibility to traffic exiting onto McLeod Road. In keeping with the Region's recommendation, a holding (H) provision should be placed on the land until a satisfactory noise study has been provided. This will ensure future residents are not adversely impacted by road noise. Although no adjustment to the mininum lot area is requested, if approved, the amending by-law should limit the maximum number of dwelling units to 39. May 13, 2014 -6 - PBD-2014-27 4. Site Plan Control Prior to development, the proposal will be subject to site plan control. Matters such as stormwater management, servicing, lighting, landscaping and fencing and waste disposal will be dealt with at this stage. The concerns about the waste disposal enclosure could be dealt with by either fully enclosing the waste disposal facility or locating it in the building. CITY'S STRATEGIC COMMITMENT The proposal is supported by the Well Planned City strategic priority in that it provides for infill development that occurs in an orderly and efficient manner to take advantage of existing infrastructure. LIST OF ATTACHMENTS • Schedule 1 - Location Map • Schedule 2 - Site Plan • Schedule 3 - Elevations • , Recommended by: i (r r `' Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach SAPDR\2014\PBD-2014-27,AM-2013-008, 6289-6311 McLeod Road.wpd May 13, 2014 -7 - PBD-2014-27 SCHEDULE 1 LOCATION MAP Subject Land > t a 1176 F•iPo�i��] � I 0 t k 3 3I t p V yt '-iilC 2.: Amending the Zoning BL-eaw No 79-200 apnI 2014 Location: 6289-6311 McLeod Road Applicant: Niagara Olympia Homes AM-2013-008 May 13, 2014 -8 - PBD-2014-27 SCHEDULE 2 MS .E.S Wnu i . 5 • ••A • 1 y 7 —L113 aj $ . �. i NR PAK1MW 39lRLNG ,, t_ ill A` } if °._ -1 tt • .d s•1 � 1 -__ _ 0 3 •n 8 3 _ i .11 M eosnfYi Roan WIOENINGf _ L•a .. I+i L it.. 3... MCLEOO ROAD (REGIONAL ROAD No.49) animals May 13, 2014 -9 - PBD-2014-27 SCHEDULE 3 / Ca - 1 FRONT IEASTI ELEVATION l_.------- I ° rx 'n d= ti 0 r! � CI LEFT WEisow-H1 FJ EVAT1ON Rid1.T S[QE`NORT.1 EL F-VATI?N —" 7� T _ ® w T m w : m w d R? N m „LL CO m — , "d It n_TAI .. I i C-47:1 1.J i �__ R AR INEST.'LEJJQ Planning aT finned Ala • J Deborah Cuillerier 6254 Hawkins St. Niagara Falls, ON L2G 384 Director of Planning Building & Development, City Hall 4310 Queen Street Niagara Falls, ON L2E 6 X5 March 7, 2014 For the attention of Alex Herlovitch, MCIP, RPP (Director of Planning, Building & Development) and Andrew Bryce Dear Sir Reference: Assessment Roll No.: 2725-080 005-12200 Zoning By-law Amendment Application_City File: AM-2013-008 Applicant: 1006057 Ontario Limited (George Bandi) Proposed erection of 4 storey, 39 unit apartment building on the land off McLoad Road, Niagara Falls, Ontario. I write in connection with the above planning application. I have examined the plans and I know the site well. I wish to object strongly to the development of the 4 storey, 39 unit apartment building in this location. Listed below are some of the reason of objection: 1. Detrimental impact upon residential amenities and the visual impact of a development (What it will be like to look at, NOT the loss of a view) 2. A lot more noise and more smell with 4 storeys 3. More light from traffic vehicles coming into the parking 4. Loss of privacy and overlooking into my property (invasion of privacy of neighbours) (Bad enough a three (3)storey and now the fourth (4) storey. 5. Overshadowing/loss of light 6. Public services, such as drainage and water supply 7. Traffic generation, road capacity, means of access, visibility, car parking and effects on pedestrians/cyclists 8. Loss of private view 9. Loss of value to my property 10. Vandalism 11. Cramming (appearance and treatment of the space between and around buildings) Yours faithfully, • e 1 O. D. Cuillerier 8 PBD-2014-29 Niagarafalls May 13, 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-2014-29 AM-2014-003, Zoning By-law Amendment Application 6387 Morrison Street Applicant: 6387 Morrison Inc. (Stephen Dembroski) Agent: Rocco Vacca, Sullivan Mahoney LLP Proposal: Clinic and Retail Store RECOMMENDATIONS 1. 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 and retail store; and 2. That the zone include a regulation requiring a building setback of 30 metres from the railway right-of-way, in conjunction with a 2.5 metre high earthen berm and a 1 .83 metre high chain link fence along the mutual property line, to satisfy the recommendation of the Canadian National Railway. EXECUTIVE SUMMARY The applicant has applied to amend Zoning By-law No. 79-200 for the land known as 5387 Morrison Street. A General Commercial (GC) zone is requested which would permit a variety of commercial uses on the property. The applicant intends to establish a clinic and retail store within the existing building. The amendment will bring the zoning of the property into conformity with its Minor Commercial designation in the City's Official Plan and therefore is recommended for approval. A special regulation should be included in the zone to require a rear yard depth of 30 metres together with a safety berm to satisfy the recommendations of Canadian National Railway. BACKGROUND Proposal Stephen Dembroski has requested a Zoning By-law amendment for a 0.53 hectare (1.3 acre) parcel of land known as 6387 Morrison Street, as shown on Schedule 1. The applicant proposes to establish a medical clinic and a retail store on the property. Internal modifications are proposed to enlarge the floor area of the building. Schedule 2 shows details of the development. The subject land is currently zoned Prestige Industrial (PI), 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 and a retail store. May 13, 2014 -2 - PBD-2014-29 Site Conditions and Surrounding Land Uses The subject property was formerly used as a maintenance facility by the District School Board of Niagara. The property includes a two storey building with a floor area of 1,554 square metres (16,730 square feet). A Quonset hut located in the rear yard is proposed to be removed. A medical office building is located on the property abutting to the west. To the east is Ecole LaMarsh elementary school and Delta Bingo. A CNR main line abuts the property to the north. Single detached dwellings are 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. • Canadian National Railway - A 30 metre building setback is recommended between commercial uses and the railway right-of-way, in conjunction with a 2.5 metre high earthen berm for a main line. A 1.83 metre high chain link fence is required along the mutual property line. • 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. • Legal Services, Niagara Falls Transit, Transportation Services, Municipal Works - No objections to the rezoning. Neighbourhood Open House A neighbourhood open house held on April 7, 2014 was attended by three neighbours. The neighbours sought clarification on the proposed use and if there would be an expansion to the building. The applicant stated a medical clinic and related retail store is proposed to be located in the building and that only an expansion of the mezzanine is proposed to expand the floor area. The neighbours expressed no objections to the proposal. However some concerns were expressed about vehicles stopping on the boulevard of Morrison Street,despite signs prohibiting this. ANALYSIS 1. Official Plan The land is designated Minor Commercial by the City's Official Plan. Minor Commercial designated lands are intended to be developed with a wide range of small scale commercial uses to serve a segment of the population. May 13, 2014 - 3 - PBD-2014-29 The proposed clinic, retail store and other uses permitted under the proposed zoning are permitted under the Minor Commercial designation. The proposed amendment will bring the zoning of the property into conformity with the Official Plan. 2. Zoning By-law The current Prestige Industrial (PI) zoning of the land permits a range of light industrial and automotive uses, but does not permit the proposed commercial uses. The zoning of the land is requested to be changed to the General Commercial (GC) zone which permits a wide range of commercial uses including a clinic and retail store. These uses would be more compatible with adjacent land uses than those uses permitted under the PI zone. Comments received from the CNR recommend a minimum 30 metre building setback from the railway right-of-way, in conjunction with a 2.5 metre high earthen berm and a 1.83 metre high chain link fence along the mutual property line. The installation of a berm is consistent with the property to the west. These requirements should be included as special regulations in the by-law. 3. Site Plan Control Prior to development, the proposal will be subject to site plan control. The main issue to be addressed through this process is the installation of the required earthen berm. If the proponent intends to install gates for use as a pay-per-visit parking lot, an amendment to the current site plan would be needed. Preconsultation with the City is required prior to any works being installed. 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 � riff, � , bU, (� Respectfully submitted: , s � Ken Todp, Chief:Administr$tive Officer A.Bryce:bl Attach. S.\PDR\2014\PBD-2014-29,AM-2014-003, 6387 Morrison Street.wpd May 13, 2014 -4 - PBD-2014-29 SCHEDULE 1 LOCATION MAP Subject Land sir, - - v 7 z 12353 - N JN. CCREEN CR uI 2.I 1 31 O 2 O I F MoRR:SCN 5 1 - > i . — I 1 > A � 4 CR auRnE e c a_Rr e- Z . Amending the Zoning By-Jaw No. 79-200 March 2014 Location: 6387 Morrison Street Applicant: 6387 Morrison Inc. AM-2014-003 May 13, 2014 -5 - PBD-2014-29 SCHEDULE 2 0.P` ..-.41. ,oN PN N P V brt?. 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'984 F ■( =V3LV LOOK ONIIONO _ 6.0 11818803S0do8d �g =15.9 i 40 1a— -- — N ,A JI_34_, , 1 tat 1 60 24 9 O a iM3 NJV9i3s abvA 1NOb�W IYNOL 03b003b AO yrvy3° l 1111 ( I l a- 9 1 L ° k, 44'3304 p.iin wadi Jp Ell HDVE113SMEIVA 11 W a31 nta4 344 a3AQgd 4„i 4 MORRISON STREET ' C) 0 E 3 c z n D 0 z 0 1Hh 'Q Nemanja Kuntos PC" FANS o4, General Manager Office: 905-356-5444 EAT• SHOP • EXPLORE Fax: 905-356-5667 E-Mail: gm @niagarafallsdowntown.com April 4th, 2014 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Members, Just last week, Ontario Premier Kathleen Wynne announced that the government is taking steps to ensure that more students can pursue undergraduate degrees close to home. As you know, the Province is inviting universities to submit proposals for new or expanded campuses in underserved areas (colleges are encouraged to partner with universities to submit proposals) to compete for the 60,000 funded spaces announced. The deadline is Sept 26 2014. The Downtown BIA believes that this type of generational opportunity is a rare occurrence. The revitalization efforts currently being undertaken within downtown would be bolstered tremendously with a post-secondary campus. As you know the Niagara Falls Downtown BIA has made bringing a post- secondary campus to downtown its top priority strategic objective and has created a fund to help do so. We believe our competitive strengths are significant. To date we do not feel that we are being included in any plans the City has regarding a bid to attract a campus. We believe that we should be included in these discussions as a key stakeholder. It is critical we meet the deadline for in September with a winning proposal. The Executive, respectfully request that we have an urgent meeting asap with you this month to understand the status and strategy leading to September. As an alternative we will address council with this request at the earliest May council meeting. DOWNTOWN BOARD OF MANAGEMENT 4660 Queen Street, Niagara Falls, Ontario, Canada L2E 2L8 www. niagarafallsdowntown.com In addition to this, we would like to request that Angela Davidson be appointed as an Economic Development Office Liaison with our BIA to help foster this and other economic development initiatives. Thank you for your attention. Sincerely, DOWNTOWN BOARD Of MANAGEMENT Philip W Ritchie Chairman, Downtown Niagara Falls BIA DOWNTOWN BOARD OF MANAGEMENT t 1 2014 BUDGET PROPOSAL ' 2013 2013 2014 Proposed Proposed Administration Expenses Budget Actual Budget Budget Staff Permanent $ 45,000.00 $ 44,791.66 $ 45,000.00 WSIB $ 150.00 $ 150.00 El $ 846.00 $ 1,177.97 $ 1,177.97 CPP $ 2,054.16 $ 2,043.85 $ 2,043.85 Admin Expenses Telephone $ 1,920.00 $ 1,547.71 $ 1,800.00 Internet $ 607.92 $ 674.79 $ 700.00 Rent $ 9,456.48 $ 6,980.40 $ 4,829.00 Utilities(office) $ 1,600.00 $ 1,606.37 $ 1,800.00 Professional Fees $ 2,500.00 $ 3,447.62 $ 3,000.00 Office Supplies $ 1,600.00 $ 1,243.51 $ 1,600.00 Accounting Fees $ 3,000.00 $ 2,544.00 $ 2,700.00 OBIAA Conference $ 1,311.00 $ 711.63 $ 1,000.00 Meeting/AGM Expenses $ 800.00 $ 2,949.63 $ 2,000.00 Memberships/Dues $ 1,500.00_$ 1,218.00 $ 1,500.00 Directors/Liability Insurance $ 3,798.36 $ 3,883.68 $ 4,046.68 Petty Cash $ 200.00 $ - $ 200.00 Travel Expenses $ 200.00 $ 53.18 $ 100.00 2013 Levy owing $ - $ 2,874.59 $ - Website/Graphics $ - $ 741.17 $ 2,500.00 Contingency 5% $ 3,557.91 $ 3,807.38 Total Administration Expenses(incl. 1.76%) $ 80,101.83 $ 78,489.76 $ 79,954.88 Notes Council Approved Approved 2013 2013 2014 Proposed Proposed Captial Costs Budget Actual Budget Budget Capital/Special Projects Daredevil Alley(Enhance) $ - $ 2,000.00 Seasonal Deco $ 15,000.00 $ 10,976.52 $ 2,000.00 Tree Lighting $ 15,000.00 $ 14,702.53 $ 2,000.00 Digital Sign $ 25,000.00 Canada Day Flags $ 1,516.89 Bus Terminal Promo $ 8,000.00 Contingency 5% $ 1,500.00 $ 1,950.00 Post-Secondary Fund $ 10,000.00 Reserve Special Projects $ 8,147.64 Total Capital Expenses(incl.1.76%) $ 31,500.00 $ 27,195.94 $ 59,097.64 Notes Council Approved Approved 2013 2013 2014 Proposed Proposed Maintenance/Beautification Budget Actual Budget Budget Maintenance Decoration Hanging $ 500.00 $ 1,000.00 Street Cleaning/Maint $ 7,200.00 $ 11,509.19 $ 7,500.00 Floral Purchase& Maintenance $ 30,000.00 $ 29,082.98 $ 29,082.98 Contingency5% $ 1,765.00 $ 1,879.15 Total Maintenance/Beautification Expenses(incl.1.76%) $ 39,465.00 $ 40,592.17 $ 39,462.13 Notes Council Approved Approved 2013 2013 2014 Proposed Proposed Marketing&Advertising Budget Actual Budget Budget Marketing/Advertising Expenses Radio Advertising $ 35,603.16 $ 10,000.00 Radio Cooperative(our cos $ 17,801.58 $ 20,853.00 Print Advertising $ 21,800.00 $ 10,550.00 Print Cooperative(our cost $ 3,600.00 $ 15,545.09 Bullet Media $ 4,000.00 $ 3,510.72 Bullet media(Our cost) $ 2,000.00 Theatre advertising $ 2,500.00 $ 1,500.00 Digital Media $ 2,000.00 Contingency Fund 5% $ 1,070.00 $ 1,202.50 District Marketing $ 10,000.00 Reserve Marketing $ 8,147.64 Total Marketing/Advertising Expenses(incl. 1.76%) $ 26,971.58 $ 39,908.81 $ 43,400.14 Notes Council Approval Approved - COD EVENT ROSTER 2014 Promotional Events Springlicious $ 20,000.00 $ 23,500.00 $ 1,000.00 Buskerfest $ 10,000.00 $ 10,000.00 $ Music in the Park $ 10,000.00 $ 10,044.50 $ 10,000.00 Lyndesdarne $ 200.00 $ 1,000.00 $ - Pulp Comics $ 200.00 $ 550.00 $ - Beer Festival $ - $ 5,000.00 Miscellaneous Promo $ 8,000.00 $ 2,500.00 Canada Day/Eve $ - $ 1,000.00 $ 2,500.00 Event Promo Package $ 6,000.00 Contingency 5% $ 2,295.00 $ 1,350.00 Reserve Events $ 8,147.64 Total Promotional Expenses(incl.1.76%) $ 50,695.00 $ 46,094.50 $ 36,497.64 Notes Council Approved Approved Summary Totals $ 228,733.41 $ 243,888.42 $ 258,412.42 Clawback Allowance 5% $ 11,436.67 $ 11,607.24 $ 12,920.62 Total Budget $ 240,170.08 $ 255,495.66 $ 271,333.05 Subtract Bank Balance from 2013 approx $ 44,442.92 Subtract HST Rebate expected approx $ 16,874.19 Total 2013 Spend Total Levy investment from Membership 2012 5 210.015.91 Notes: COD BALANCE $ 19,000.00 �y�� OF POS r,�� ; c:;ilo Tr Niagara Falls Local 574 4/4400.Queen $t.;-Niagara Fails; JN L2E'210 Tel/Fax 905 374 0430 cc ?S aJa�.�S� ELIMINATION OF DOOR -TO - DOOR DELIVERY WHEREAS Canada Post announced on December 11, 2013 that it plans to convert all door to door delivery to community mailbox(CMB)delivery; WHEREAS community mailboxes are susceptible to vandalism, and have additional problems in terms of safety, accessibility, litter, snow build-up and the environment; WHEREAS going to CMB delivery would be especially hard on seniors and people with disabilities and could undermine their ability to live independently and their health and safety; WHEREAS door-to-door delivery helps build strong communities by providing a service that supports local businesses and residents; WHEREAS there has been very little consulattion over this major change in mail delivery; BE IT RESOLVED that the Niagara Falls City Council send a letter to the Minister responsible for Canada Post that: 1) informs the Minister that the Niagara Falls City Council wants to keep and expand door-to-door delivery 2) requests that the government consult with Canadians about what kind of postal service they need before allowing Canada Post to make major changes to public postal service. MAILING INFORMATION Please send your resolution to: Lisa Raitt, Minister of Transport, Place de Ville, Tower C, 29th Floor, 330 Sparks Street, Ottawa, Ontario,K 1 A ON5 Please send copies of your resolution to: Denis Lemelin, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P 1Y3 Your Member of Parliament. You can get you MP's name, phone number and address by calling 1-800-463-6868 (at no charge) or going to the Parliament of Canada website: http:www.parl.gc.ca/common/index.asp?Language=E. Claude Dauphin, President, Federation of Canadian Municipalities, 24 Clarence St, Ottawa, Ontario KIN 5P3 I E-$.-) Clerks Department Inter-Department Memorandum TO: Mayor James Diodati DATE: May 13, 2014 & Members of Council FROM: Dean lorfida City Clerk Ext. 4271 RE: Food Trucks/ Refreshment Vehciles Council may recall a previous report by the Clerk on Refreshment Vehicles. Last year extensive consultation was done with the BIA's. A future report is forthcoming. Nonetheless, the City has received a couple of requests related to Food Trucks. 1. Club Italia Annual Picnic The organizers of the annual Club Italia Picnic to commemorate the 30th Anniversary wish to bring in some food trucks for the event. Technically, Club Italia is zoned as Agricultural property, for which food trucks are not permitted; however, this is a one-day event. Also, the provisions of the Refreshment Vehicle section of the Licensing By-law protect existing "bricks and mortar" restaurants, with setbacks. The location of the event would not take any business away from existing restaurants and patrons to the event often bring their own food. An event of this nature would be licensed as a Specific Location Daily Sales licence, with an associated fee of$185. The organizers are asking that this fee be waived. Springilicious has requested similar fee waivers in the past. Staff has no issue with allowing the Food Trucks at Club Italia for this one-time event, subject to the organizers getting proper Health Department approval. 2. Food Truck Face Off The Clerk and Sue McDowell of the Fallsview BIA have been working with the producers of Food Truck Face Off, a Food Network Television show that wishes to film in Niagara Falls. The production brings in their own two food trucks for a competition. The food trucks are not out of town businesses but part of the show. Any public that attends the shooting will not be paying for food. The producers, for optic reasons, would like to film at the south end of Fallsview Boulevard and Livingstone (near the Old Loretto property dead end), for two days in July. Ms. McDowell will be getting "sign off' from the Fallsview BIA. The producers will apply for a road closure permit and will get proper Health Department approval. Staff has no issue with this filming, which will provide excellent exposure to the community, subject to BIA sign off. Working Together to Serve Our Community Dean Iorfida From: Joe Vescio <joeveshl0 @gmail.com> Sent: Wednesday, May 07, 2014 7:38 AM To: Dean Iorfida Subject: Club Italia Picnic Sunday July 13th Hello Dean hope you are having a good week as per our conversation last week I am sending this email looking for the assistance from council to get approval for allowing Club Italia to have food truck vendors on their picnic grounds. This year marks the 30th anniversary for the Cub Italia Picnic so myself with many others on the board of directors wanted this event to be a special event. We want to look at bringing possibly 6-8 food truck vendors in the picnic area close to the pavillion. This is an event that is not only for the members but the Italian community, not to mention it is the final of the World Cup so we are hoping for a special day for sure. This is a one day event and will not affect any businesses around us as where it is situated it is far enough away from any other foodservice establishment in the area. As you know Club Italia does a lot for the community with various fundraisers and donations and we are just looking for support to make our event a great one. I know Club Italia is zoned agriculture and is currently not a permitted zone for food trucks and I also understand that their is a business licensing fee of$185 per each food truck. The board of directors at Club Italia are asking Council for your support to allow us to be able to have food trucks on our grounds for this one day event as well wave the licensing fee of$185 associated per food truck. I ask because this fee I understand had been waved during the Springalicious event held in the downtown area last year. Thank you Sincerely Joe Vescio Trustee Club Italia Executive 1 FOOD TRUCK FACE OFF Film Shoot Description: Date:July 9th—9am to 5pm. Location: Dead End of Fallsview Blvd at Loretto. We will be filming what we are calling a 'Sell Day 1' where two of our food truck teams compete against each other to 'sell' to the general public. Our two food trucks will be set up in the dead end road area of Fallsview Blvd, adjacent to the falls and Loretto. We will have a 16 ft jib set up somewhere in that general vicinity—in the area sectioned off to us—as well as a unit of 35 people. We will have up to 10 production vehicles and need to arrange parking for them. Please note we will not be earning any money for the food truck sales. The food trucks are fully functioning trucks but are considered to be prop vehicles under our insurance. If a member of the public wishes to purchase lunch from these trucks we the production will provide them $10 to use towards that purchase. We only want to appear as though we are selling for camera but are in fact not actually earning any money. We will have all necessary release forms for individuals to sign in the event they appear on camera. We will be on site from approximately 9 to 5pm where we will film our teams prepping in the morning for the lunch rush, 'selling to the public' between 12 — 2pm and will then, with handheld cameras get customer reviews of the food. Our host Jesse Palmer will be with us to anchor the day and say a few words to camera and the contestants will also be visited by our three expert judges. There is a possibility we may also want to do some quick host throws with the jib on the sidewalk directly in front of the river at some point in the day.This however has not been confirmed. FTTFO Productions 1 Inc. 79 Berkeley St. Toronto, ON M5A 2W5 416.365.7734 Taps Brewing Co. Inc. 4680 Queen St tia\ PS Niagara Falls, ON 1,2E 2L8 BREWING CO. INC. 289-477-1010 Dean lorfida, City of Niagara Falls, Taps on Queen is has some exciting plans to help get downtown busy again this summer. We have a number of outdoor music events planned. I'm writing to request an exemption from the noise by-law so that we can have live music on the parking lot stage for the dates and events listed below. I have already informed the BIA of our plans. They are working with us for many of the events. I will also let our neighbours know about the events ahead of time. In addition, we have hosted many live music events on our parking lot stage over the past 4 years, the most recent being last year's Buskerfest. We continue to try to attract more people including new visitors and out of town tourists to Queen street to show them a great part of Niagara Falls many are missing out on. To aid in that, advertising for our events is focused on people who not normally be downtown to introduce them to it. May 10th and 11t":(Noon until 11pm both days): 5th Annual Niagara Metal Fest in association with Project Pain Productions— 18 Local and international bands, local craft vendors and other entertainment May 30st, May 31st and June 1st: (Noon until 12am Friday and Saturday, Noon until 6pm Sunday) Springlicious: Downtown annual street festival June 13th: (5pm until midnight) Fallsview Marriott Employee Get togtther. Live local and international bands June 21st: (5pm until 11pm) Beginning of Summer bash with The Odds and local bands July 1st: (Noon until 10pm): Canada Parade with live bands and our Annual Big Brothers and Sister of Niagara Wingfest: Chicken wing festival with local restaurant competitors, vendors and live music August (A Saturday, to be determined): Rockabilly Festival September 5, 6, 7"(noon to 11pm Friday and Saturday, noon to 8pm Sunday) Niagara Falls Buskerfest. Live bands and busker performances. September 20th (noon to 11pm): Border City Shakedown: Music festival with local and out of town bands Please feel free to contact me if you have any question or need any other information. Sincerely, Eric Martin Taps On Queen Brewhouse and Grill 289-477-1010 Dean Iorfida From: PHIL GOURLAY <phil_gourlay @hotmail.com> Sent: Tuesday, March 11, 2014 11:20 AM To: Dean Iorfida Subject: Raising the Rainbow Flag in NF during Pride Niagara week Hello, I was wondering if the City of Niagara Falls had any interest in raising the rainbow flag at City Hall for the week of June 2nd -June 10th. As the events director for Pride Niagara - I thought it might be nice to have it up to show the city's support of its LGBT community. We are currently not looking to do a celebration just have the flag go up for the week. Let me know if this is doable - I do have a flag that can be used. Many thanks Phil Gourlay Pride Niagara Event Director Dean Iorfida From: Tyler Neal <tnealS55 @gmail.com> Sent: Tuesday, May 06, 2014 6:27 AM To: Dean Iorfida Subject: Raising the Rainbow Flag in NF during Pride Niagara week Good morning Dean. My name is Tyler Neal, I am the Secretary for Pride Niagara. Phil has forwarded the corresponding emails in regards to Rainbow Flag raising in Niagara Falls. At this time, we are not looking to do a formal flag raising, as we do have a ceremony that takes place in St. Catharines on June 1 2014. We are interested however, in having a representative attend the flag raising and a picture as well, if this is possible? I understand you have a meeting on May 13, 2014 (roughly) and that a confirmation of the raising will be given at that time. I look forward to coordinating this with you! Thanks again. Tyler Neal Pride Niagara Secretary www PrideN iagara com tneal555@gmal,com 289-228-7284 1 DRAFT Letter to send to your Mayor or Council DATE 2014 His/Her Worship Mayor, City of ADDRESS • Dear Mayor Re: National Health & Fitness Day I write to invite you to join other municipalities in proclaiming the first Saturday in June as National Health & Fitness Day. To that end, I enclose a draft resolution that can be adapted or used to commit our municipality to celebrating this day along with other local governments across Canada, and to promote increased participation in physical activities in our community. Municipalities that have already endorsed the concept have taken a variety of approaches. Some have simply proclaimed the day (the first Saturday in June) to raise awareness of the importance of increasing physical activity; others have encouraged use of their local fitness facilities by reducing or by waiving admission fees; some have done both. In any case, endorsement of the concept should ultimately increase participation rates in healthy recreation and helps promote a common interest in encouraging Canadians to live healthier lifestyles. Many local governments have also leveraged their support by notifying the Federation of Canadian Municipalities. Should FCM receive sufficient support, it will add its endorsement to that of the Canadian Medical Association, the Heart & Stroke Foundation and other organizations. A draft notice to FCM is enclosed, along with a draft notice to the office of MP Weston, who is monitoring the results across Canada. Both MP John Weston and Senator Nancy Greene Raine have introduced legislation to declare the first Saturday in June as National Health & Fitness Day in Canada. Thank you for considering this request. I hope our community will join this initiative to promote health and fitness in Canada. Yours sincerely, Enclosures: Background on NHFD, Draft resolution, Notice to FCM and to John Weston, M.P. National Health & Fitness Day - June 7, 2014 Background Information Many Canadians have become concerned about rising obesity levels, especially among the young. MP John Weston and Senator Nancy Greene Raine have introduced legislation in Parliament to name the first Saturday in June as National Health & Fitness Day. The Minister of Health, Rona Ambrose, supports this initiative. The solution to what has is being referred to as an 'epidemic of obesity' will be multifaceted, including both physical exercise and nutrition. Motivating Canadians of all ages to take personal responsibility for their health will be very important in future years. Canada's health care system is not sustainable unless more people avoid unhealthy lifestyles. Education plays a big role, including quality physical and health education in our schools. Children should be taught the skills needed to enjoy physical activities throughout their life. In school and after school programs of physical activity are very important to ensure all children get enough exercise. Everyone, especially parents, need to be aware of the need for healthy nutrition. Targeting the first Saturday in June as National Health & Fitness Day will provide a focus for local communities to educate the general public on healthy lifestyles. The first Saturday in June is also the ideal time to promote healthy options for summer programs for children. Many municipalities across Canada have already endorsed National Health & Fitness Day. Most municipalities operate recreational facilities and offer a variety of physical recreational programs. Unfortunately some of these programs are seeing declines in participation. Municipalities are encouraged to organize events and promotions of their choice on National Health & Fitness Day. The goal of the National Health & Fitness Day initiative is for Canada to become the fittest nation on earth. We believe this goal is achievable. We are inviting concerned citizens to ask their council to pass a resolution endorsing National Health & Fitness Day. MP John Weston Senator Nancy Greene Raine Notice to Federation of Canadian Municipalities To: Federation of Canadian Municipalities 24 Clarence Street Ottawa, ON K1N 5P3, Canada Fax: (613) 241- 7440 Tel: (613) 241-5221 Email: info @fcm.ca Dear Federation of Canadian Municipalities, Please be informed that the community of will endorse the first Saturday in June as National Health & Fitness Day. We will be marking it by: (please check those that apply) proclaiming the day celebrating the day (please describe briefly) Sincerely, (insert municipality's contact name and email here) Please copy: NHFD Project Manager Fax 613-947-4620 Email c/o john.weston @parl.gc.ca Senator Nancy Greene Raine Fax 613-947-4054 Email nancy.raine @sen.parl.gc.ca Draft resolution for proclaimation: NATIONAL HEALTH AND FITNESS DAY WHEREAS: • the Parliament of Canada wishes to increase awareness among Canadians of the significant benefits of physical activity and to encourage Canadians to increase their level of physical activity and their participation in recreational sports and fitness activities; • it is in Canada's interest to improve the health of all Canadians and to reduce the burden of illness on Canadian families and on the Canadian health care system; • many local governments in Canada have public facilities to promote the health and fitness of their citizens; • the Government of Canada wishes to encourage local governments to facilitate Canadian's participation in healthy physical activities; • the Government of Canada wishes to encourage the country's local governments, non-government organizations, the private sector and all Canadians to recognize the first Saturday in June as National Health and Fitness Day and to mark the day with local events and initiatives celebrating and promoting the important and use of local health, recreational, sports and fitness facilities; • Canada's mountains, oceans, lakes, forests, parks and wilderness also offer recreational and fitness opportunities; • Canadian Environment Week is observed throughout the country in early June, and walking and cycling are great ways to reduce vehicle pollution and improve physical fitness; • declaring the first Saturday in June to be National Health and Fitness Day will further encourage Canadians to participate in physical activities and contribute to their own health and well-being; THEREFORE: We proclaim National Health & Fitness Day in our municipality/district /regional district as the first Saturday in June; (Optional) As a step to increase participation and enhance the health of all Canadians, we commit to mark the day with local events and initiatives celebrating and promoting the importance and use of local health, recreational, sports, and fitness facilities on National Health and Fitness Day; and In order to leverage the effect of our proclamation, we shall advise the Federation of Canadian Municipalities of our proclamation. S-211 S-211 Second Seesion. Forte-first Parliament. Deuxieme session. quarante et uniemc lest,lantre. 6_' Elizabeth II. 2013 6' Elizabeth IL 2013 SENATE OF CANADA SEN.AT DU CANADA BILL S-211 PROJET DE LOI S-211 An Act to establish a national day to promote health and fitness L of risant a instituer une journee nationals de promotion de la for all Canadians sante et de la condition physique aupres de la population eanadienne IIRS F READING. NOVEMBER 21. 2013 PREMIERE LECTURE:URE LE 21 NOVEVIBRE 2013 THE HONOURABLE SENATOR RAINE L'HONORABLL SENAERICE RAINF 132 I SU\I\IARN SO\1\1:\IRE I'n, anaim.ot doinmc.the h r.( ",alurda. i o)une i n_ach and oc . Lc t .r dc•i{nc I c pmmicr,a ncdi d:'um comm Lvmac n t u:Je J.la .n Aauonvl Ifcaltl:unJ I one.. Ror .ante ci de I condition phx.iyuc Vtallahlc on the par harm cm of Cmadu Abch Site ai the WHO mine addre.,. Uisponihlc,ur Ic ate VCch Ju Pw9cntent Ju Gonda a I admoc swvaiite hllp:i:. .n.parl.gc.ca hltp:!w.H.parl.„c.ca 2nd Session. 41st Parliament. _`session. 41` legislature. 02 Elizabeth II, 2013 62 Elizabeth 11. 2013 SENATE OF CANADA SEN AT DC CANADA BILL S-211 PROJET DE LOI S-211 An Act to establish a national dam to promote Lot eisanl a instituer one joumee nationals do health and fitness for all Canadians promotion de la sante et de la condition physique aupres de la population cana- dienne zaat:fi. Whereas the Parliament of Canada wishes to Auendu: Pramnbse increase awareness among Canadians of the que le Parlement du Canada souhaite sensi- signiticant benefits of physical activity and to hiliscr les Canadiens et Canadiennes aux encourage Canadians to increase their level of ❑yanmgas importants que procure I'acticite physical activity and their participation in ` physique ainsi que les encourager a uccroitre recreational sports and fitness activities: cur niveau d'activite physique et a participer Whereas it is in Canada's interest to improve a des sports reel-Califs et a des actic ices de the health of all Canadians and to reduce the conditionnement physique: burden of illness on Canadian families and on qu'il sect dins Dint @vet du Canada d'amcliorer the Canadian health care system: Ill la sante de sa population et d'alleger le If) Whereas many local go'enunents in Canada fardeau que les maladies imposent aux have public facilities to promote the health and families canadiennes et an systeme de coins fitness of their citizens: de sante canadien: Whereas the Go eminent of Canada txishes que de nomhreuses administrations locales an to encourage local go'emments to facilitate 15 pays disposent (I-installations publiques per- IS Canadians' participation in healthy physical mettant de faire la promotion de la sante et de activities: la condition physique aupres de 'curs ci- Whereas the Government of Canada w•ishes tomens: to encourage the couatrs's local gomernments, que It. gouccrnement du Canada souhaite non-governmental organizations. the primate 20 encourager les administrations locales a 20 sector, and all Canadians to recognize the first Guiltier la participation des Canadiens et Saturday in June as National Health and Fitness Canadiennes a des activites physiques saint>: Day and to mark the day with local events and que le gouvernemrnt du Canada souhaite initiatives celebrating and promoting the im encourager les administrations locales du pnnuncc and use of local health, recreational.'' pays. les organisations non goumemementa- 25 sports and fitness lucilitier. les. Ie secteur price et la population cana- Whereas Canada's mountains, oceans. lakes. dicnne a reconnaitre le premier samedi de forests. parks and wilderness also offer recruit- juin comma Joumce nationalc de la sante et tional and fitness opportunities: de la condition physique et a marquer cette 132_I \irthmal Health and Fitness Dar 62 Ell/. 11 Whereas Canadian Environment Week is jonnee par des actiaites et des initiatir es observed throughout the country in early June. locales qui soul igneront I-importance et and walking and cycling are great nays to I'utilize des installations de sante, de loisirs. reduce vehicle pollution and improve physical de sports et de conditionnernent physique et fitness: 5 qui en feront la promotion: And whereas declaring the first Saturday in que les montagnes. les oceans. les lets, les June to be National Ilealth and Fimess Day will forets, les pares et la nature sausage du Wither encourage Canadians to participate in Canada offrent egalement des possihi lites en physical activities and contribute to their own maticre de sports recreatifs et de condition- health and swell-being: 10 nement physique: 10 que la Semaine canadienne de l enironne- ment est cclehrce dans tout le pays au debut du moos de juin. et que In marche at la hicyclette sons d'escellents mo_vens de re- duire la pollution causce par les vchicules et IS d'ameliorer la condition physique: quo declarer Ic premier samedi de juin comme Journee nationale de la same et de la condition physique encouragera dacantage les Canadians et Canadiennes a paticiper a 20 des activitcs physiques et a contribuer 5 cur sante et ti cur hien-titre. Now. therefore. Iler Nlajcsly. by and with the Sa hlajeste. sur I'as is et ascc Ic consentement ads ice and consent of the Senate and House of du Scnat et de la Chamhre des communes du Commons of Canada. enacts as follows: Canada. edicte 75 SIIOKF TITLE TITRE ABREGE 'team me 1. This Act may he cited as the \aalona( I. Lui sur la.Ioornee nationale°de la carat rl rerc I cult? and F'lint's Dar .-Ace. I S de la condition phe■igae. NATIONAL HEALTH AND FITNESS DAY JOURNFF NATION.ALE DE LA SANTE FT D6 LA CONDITION PI IYSIQUL s.mor.d uc:mn 2. Throughout Canada, in each and every 2. Le premier samedi de juin est. dans tout le t„utu, wear; the first Saturday in June shall he knot:n Caned t designs conune « Journee nationale de as --National Health and Fitness Dad'. la sante et de la condition physique u. a,i:dmum 3. For greater certainty. National Health and 3. II est entendu que lu Joumde nationale de stub) Fitness Day is not a legal holiday or a non-20 la sante et de la condition physique nest pas juridical day- tine fete Iegale ni un jour non juridigoe. Published under.uahorin nt the Scotto of F unudu Puhac mac I'aWOri,miun du Senor du Canudu City of Niagara Falls N iagarafallS Office of the Mayor Proclamation Whereas, public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, sidewalks, roads, bridges, parks, cemeteries, public buildings, and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now, therefore, I, James M. Diodati, Mayor of the City of Niagara Falls, do hereby proclaim the week of May 18, 2014 as "National Public Works Week" in the City of Niagara Falls, Ontario, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of Niagara Falls 2014 this 13`h day of May. Mayor James M. Diodati m m v O -1 y CD-2014-06 Niagarrapalls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2014-06 Attendance Records for Remunerated Positions RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY As per Council's motion, attendance records for the remunerated positions (Council, HOLD Co., C of A) are provided. BACKGROUND At the March 2591 meeting, Council received report F-2014-09, Annual Statement of Remuneration and Expenses. The report is prepared annually in compliance with section 284 of the Municipal Act, which requires the Treasurer to provide an itemized statement on remuneration and expenses paid in the previous year. Council passed a motion at that time that staff bring back a report on attendance records for the remunerated positions. ANALYSIS/RATIONALE Attached to the report are the attendance records for Niagara Falls City Council, Niagara Falls Hydro Holding Corporation Board and the Committee of Adjustment, the remunerated positions contained in report F-2014-09, since the beginning of this Council term. Attendance records for the voluntary advisory committees were not canvassed, however, a copy of the Council appointment by-law is provided for information purposes. With regard to the Council meeting attendance, for ease of comparison, the attendance records go to the February 11`h Council meeting. CITY'S STRATEGIC COMMITMENT Internal reviews of the organization and its governance. A more open, transparent and inclusive municipal government May 13, 2014 -2 - CD-2014-06 LIST OF ATTACHMENTS • City Council attendance • Niagara Falls Hydro Holding Corporation Board attendance • Committee of Adjustment attendance • By-law 2011-63 C jn i ' Recommended by: Dean lorfida, City plerk �` ' `/ / Respectfully submitted: �� -- L Ken Todd, Chief dministrylfive Officer DI Council Member Attendance Number of meetings attended/ Number of meetings total Councillor Wayne Gates 60/62* Councillor Carolynn loannoni 53/62 Councillor Vince Kerrio 61/62 Councillor Bart Mayes 60/62 Councillor Joyce Morocco 61/62 Councillor Victor Pietrangelo 61/62 Councillor Wayne Thomson 62/62 Councillor Janice Wing 60/62 Mayor Jim Diodati 62/62 1110 ) t1ev Ii.N HOLDCO Board Of Directors Wednesday June 8, 2011 at 4:OOpm Regrets Attended Regrets Mayor Jim Diodati X x Wayne Gates X Carolynn loannoni X X Vince Kerrio X Bart Maves X X Joyce Morocco X Victor Pietrangelo X Wayne Thomson X Janice Wing X X tN)f 1)i iJ \l i f IVl)L IVC 1 HOLDCO Board Of Directors Monday April 30, 2012 at 3:30pm Regrets Attended Regrets Mayor Jim Diodati X x Wayne Gates X Carolynn loannoni X X Vince Kerrio X Bart Maves X X Joyce Morocco X Victor Pietrangelo X Wayne Thomson X Janice Wing X Tuesday November 22, 2011 at 4:OOpm Attended Regrets X X x x x X X x X X X Thursday July 12, 2012 at 4:OOpm Attended Regrets X X x X X X X X X Tuesday November 20, 2012 at 3:30pm Attended Regrets X X x X X x x x X lir PURI. rl PJC HOLDCO Board Of Directors Tuesday February 19, 2013 at 3:30pm Regrets Attended Regrets Mayor Jim Diodati X X Wayne Gates X Carolynn loannoni X X Vince Kerrio X Bart Maves X x Joyce Morocco X Victor Pietrangelo X Wayne Thomson X Janice Wing X HOLDCO Board Of Directors Monday September 16, 2013 at 4:OOpm Regrets Attended Regrets Mayor Jim Diodati X X Wayne Gates X Carolynn loannoni X x Vince Kerma X Bart Maves X x Joyce Morocco X Victor Pietrangelo X Wayne Thomson X Janice Wing X Monday April 29, 2013 at 4:00pm Attended Regrets x x X X X x x X x X Tuesday October 15, 2013 at 4:00pm Attended Regrets x x x x x x x X X X Monday lune 17, 2013 at 4:00pm Attended Regrets x x X X X x x X X X Monday November 18, 2013 at 4:OOpm Attended Regrets x X x X X x x X X I l( '1 M !E TT rl 4 HOLDCO Board Of Directors Monday February 10, 2014 at 4:OOpm Attended Regrets Mayor Jim Diodati X Wayne Gates X Carolynn Marmon' X Vince Kerrio X Bart Maves X Joyce Morocco X Victor Pietrangelo X Wayne Thomson X Janice Wing X Committee of Adjustment Member Attendance Number of meetings attended/ Number of meetings total Mark Cahill: Lou Stranges: Jack Collinson: Chuck Antonio: Paul Campigotto: Councillor Pietrangelo 38/40 meetings 38/40 meetings 38/40 meetings 34/40 meetings 20/22 meetings (started late in the term) 37/40 meetings CITY OF NIAGARA FALLS By-Jaw No. 2011 - 63 A by-law to provide for Council member appointments to certain Boards, Commissions and Committees. TILL COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Those members of Municipal Council, as set out in Schedule "A" attached hereto, shall be appointed members to the various Boards. Commissions and Committees. 2. That all appointments are for the 2011 - 2014 term. 3. That by-law 2007-49 is hereby repealed. Passed this sixteenth day of May, 2011. (L-)1111-4 DEAN IORFII A, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 16, 201 1 Second Reading: May 16. 2011 Third Reading: May 16, 2011 SCHEDULE °A " Appointment to Boards,Commissions & Committees • Arts&Culture Committee Recreation Committee Councillor Gates Park In The City Committee Councillor Pietrangelo Councillor Gates Mayor's Youth Advisory Committee Councillor loannoni Committee of Adjustment ��- Councillor Pietrangelo Municipal Heritage Committee Mayors Disability Advisory Committee Railline Ad Committee Councillor Thomson N.I Humane Society Board Councillor Wing Niagara Museums Advisory Board Niagara Falls Tourism(2 t Mayor) Mayor Diodati Councillor Thomson Councillor Maves Adult Entertainment Appeals Committee Mayor Diodati (3 t Councillor Thomson Councillor Mayes Project Share Board Councillor Maves Niagara Falls Library Board Councillor loannoni Niagara Falls Illumination Board(I + Mayor Diodati Mayor) Councillor Mayes Winter Festival of Lights Board(2) Mayor Diodati Councillor Thomson Downtown BIA Councillor loannoni Councillor Morocco Mayor Diodati Clifton Fill BIA Councillor Mayes Luudy's Lane WA --- Councillor Wing .---------- Main& Ferry 131A Councillor Wing Victoria Centre BIA Councillor Kerrie Fallsview BIA Councillor Thomson Niagara District Airport Commission Councillor Wine Niagara Civic Convention Centre Board Councillor Thomson Transit Route Advisory Ad Hoc Councillor loannoni Committee Niagara Parks Commission Councillor Kerrie Regional Transportation Steering Councillor Mayes Committee F-2014-16 Niagarafalls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F-2014-16 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the first report for 2014. Adjustments totalling $410,088 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2014 General Purposes Budget, an allowance has been established for these expenditures. At this time the allowance provided in the General Purposes Budget is adequate to account for the City's proportionate share of approximately $143,530. BACKGROUND This report is the first report this year in relation to s.357 and s.358 reductions. ANALYSIS/RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. May 13, 2014 -2 - F-2014-16 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2014 General Purposes Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff are recommending receive adjustments due to successful appeals. An amount of $410,088 in adjustments are listed. The City's approximate portion is $143,530 and has been accounted for in the 2014 General Purposes Budget. The balance of approximately $266,558 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: °CI%k _ =t - Todd Harrison, Director of Financial Services Respectfully submitted: r r ' Ken Todd,, Chief Administrative Officer TH/af APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (6), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl. i Name and Address of Applicant Taxatior Year Reason for Application Reduction Amount 2013-81 Wear, Isabel. 4352 Elgin St. Niagara Falls, ON L2E 2X8 2013 Damaged by fire, demolition or otherwise $198.25 2018-81A Wear. Isabel, 4352 Elgin St, Niagara Falls. ON L2E 2X8 2011 Damaged by fire. demolition or otherwise $0.00 2018-816 Wear, Isabel, 4352 Elgin St, Niagara Falls. ON L2E 2X8 2012 Damaged by fire, demolition or otherwise $0.00 2013-67 Gramme. Barbara. 10365 Niagara River Pky. RR 3. Niagara Falls. ON L2E 656 2013 Ceased to be liable to be taxed at rate it was taxed $2,153.17 2013-42 Price, James Robert & Yvonne Bernadette, 4776 Bridge St, Niagara Falls. ON L2E 2R8 2013 Ceased to be liable to be taxed at rate it was taxed $1,126.64 2013-426 Price, James Robert & Yvonne Bernadette, 4776 Bridge St. Niagara Falls. ON L2E 2R8 2012 Ceased to be liable to be taxed at rate it was taxed $71.73 2013-33 Dekhocky Centres International Inc, PO Box 62. Sm Main, Niagara Falls, ON L2E 658 2013 Damaged by fire, demolition or otherwise $539.49 2013-57 Croutch, James Arthur & Devereux-Croutch, Sandra Marion. 3979 Melfort Cres, Mississauga. ON L5L 4K9 2013 Damaged by fire, demolition or otherwise $202.91 2013-18A Niagara Falls Community Outreach. 4865 St Lawrence Ave. Niagara Falls, ON L2E 3Y1 (4865 St. Lawrence Ave) 2011 Became exempt $1.04122 2013-18B Niagara Falls Community Outreach, 4865 St Lawrence Ave. Niagara Falls. ON L2E 3Y1 ' " 2012 Became exempt $1,386.27 2013-18 Niagara Falls Community Outreach, 4865 St Lawrence Ave, Niagara Falls. ON L2E 3Y1 2013 Became exempt $1.499.09 2013-19A Niagara Falls Community Outreach. 4865 SI Lawrence Ave. Niagara Falls. ON L2E 3Y1 (4871 St. Lawrence Ave) 2011 Became exempt $666.01 2013-196 Niagara Falls Community Outreach. 4865 SI Lawrence Ave. Nia•ara Falls. ON L2E 3Y1 2012 Became exempt $901.08 2013-196 Niagara Falls Community Outreach, 4865 St Lawrence Ave, Niagara Falls, ON L2E 3Y1 " 2013 Became exempt 5907.80 2013-58 Rauseo, Michele. 4339 Credit Pointe Dr. Mississauga. ON L5M 3L6 2013 Damaged by fire, demolition or otherwise 519.03 20141 Boys & Girls Club of Niagara, 8800 McLeod Rd. Niagara Falls. ON L2G 6S5 2013 Became exempt $5.064.07 2013-78 Niagara Falls Pointe General Partner Inc. 8171 Yonge St Unit 229, Niagara Falls, ON L3T 2C6 (5471 River Rd) 2013 Damaged by fire. demolition or otherwise $0.00 2013-79 Niagara Falls Pointe General Partner Inc. 8171 Yonge St Unit 229. Niagara Falls, ON L3T 2C6 (5491 River Rd) 2013 Damaged by fire, demolition or otherwise $0.00 2013-59 Niagara Falls Pointe General Partner Inc. 8171 Yonge St Unit 229, Nia.ara Falls. ON L3T 2C6 (5507 River Rd) 2013 Damaged by fire, demolition or otherwise $0.00 2013-14 Nasr Hospitality Services Inc. 3 Treadgold Rd. Brampton. ON L6P 2J4 2013 Repairs/renovations preventing normal use for a period of 3 mos 50.00 2014-026 S (ling Holdings Ltd. 7739 Drummond Rd. Niagara Falls. ON L2G 4P9 2013 Damaged by fire. demolition or otherwise $798.10 207523 N agars 21st Group Inc. 5950 Victoria Ave. Niagara Falls. ON L2G 3L7 2013 Repairs renovations preventing normal use fora period of 3 mos $28.726.97 2013-30 1788618 Ontario Inc. 5481 Dunn St. Niagara Falls. ON L2G 2N6 2012 Damaged by fire, demolition or otherwise $8.475.81 2013-34 Elliott. Matthew, 2753 St Paul Ave. Niaoara Falls, ON L2J 2L3 2013 Gross or manifest clerical error $0.00 2013-36 Sleek Developments Inc. PO Box 636, Niaoara-on-the-Lake, ON LOS 1J0 2013 Damaged by fire. demolition or otherwise $419.05 2013-37 Riocan Holdings Inc. do Riocan Management Inc, 700 Lawrence Ave West Suite 315, North York. ON M6A 3B4 2013 Repairs/renovations preventing normal use fora period of 3 mos $158,809.09 2013-37B Riocan Holdings Inc, do Riocan Management Inc, 700 Lawrence Ave West, Suite 315, North York. ON M6A 364 2013 Repairs/renovations preventing normal use for a period of 3 mos $72.470.77 2014-128 2339949 Ontario Inc 5785 Ferry St. Niagara Falls. ON L2G 1S8 (5785 Ferry St) 2013 Damaged by fire. demolition or otherwise $379436 2014-138 2339949 Ontario Inc, 5785 Ferry St. Niagara Falls. ON L2G 158 (5807 Ferry St) 2013 Damaged by fire. demolition or otherwise $16.333.30 2013-63 Zap Holdings Ltd, 5678 Dorchester Rd. Niagara Falls. ON L2G 5S3 2013 Damaged by fire. demolition or otherwise $384.16 2013-56 Klokkou, Sarah Victoria, 6995 Lundy's Lane, Niagara Falls. ON L2G 1 W 1 2013 Ceased to be liable to be taxed at rate it was taxed $1.617.11 2013-568 Klokkou, Sarah Victoria, 6995 Lundys Lane. Niagara Falls. ON L2G 1W1 2012 Ceased to be liable to be taxed at rate it was taxed $862.55 2013-43 City of Niagara Falls. 4310 Queen St. PO Box 1023. Niagara Falls. ON L2E 6X5 2013 Damaged by fire, demolition or otherwise $0.00 2013-14B Morse & Son Limited. 5917 Main Street, Niagara Falls, ON L2G 527 2013 Repairs/renovations preventing normal use for a period of 3 mos $1.372.45 2013-66 Bursey, Wayne & Darolynn. 6288 Dawlish Ave. Niagara Falls, ON L2E 6S6 2013 Damaged by fire. demolition or otherwise $85.22 2013-68 Lo Greco. Prowidneza & 1692702 Ontario Inc, do 5481 Highland Ave, Niagara Falls. ON L2G 4W8 2013 Damaged by fire, demolition or otherwise $2.061.93 2012 Damaged by fire, demolition or otherwise $2,311.36 2013-68 Lo Greco, Prowidneza & 1692702 Ontario Inc. do 5481 Highland Ave. Niagara Falls. ON L2G 4W8 2013-41 5-0 Taxi Co Inc. 1487 Barron Rd, Allanburg ON LOS 1A0 2013 Damaged by fire. demolition or otherwise $2.097.92 2013-69 Duguay. Norman, 7720 Badger Rd. Niagara Falls, ON L2H 1H9 2013 Damaged by fire. demolition or otherwise $158.33 2013-45 2227512 Ontario Inc, 2814 Mars Ores. Nia.ara Falls. ON L2J 3Y5 2013 Ceased to be liable to be taxed at rate it was taxed $2.155.29 2.1 -•.: ^a er - .ggregales nc. •• :.x n, oro., •. 1 % 2013 Razed by fire. demolition or otherwise $170.57 -013-/0 Walker Industries Holdings Limited, PO Box 100. 2800 ThorolaTownlineRd Thorold, Or Civ 3Y6 2Sf3 Damaged by fire. demolition or otherwise $0.00 2013-48 Gordon Wright Electric. 6255 Don Murie St. Nia.ara Falls, ON L20 OBI 2013 Ceased to be liable to be taxed at rate it was taxed $0.00 2013-74 Canadian Niagara Power Lompany Limited. Pe :ox 1: , to ram. on ne, • 2675 Gross or manifest clerical error $27,738.27 2013-748 Canadian Niagara Power Company Limited. PO Box : in tam ort ne, 1111 Wi Y r 1 ross or manifest clerical error 526.252.31 2011-74A Canadian Niagara Power Company Limited. PO Box 1218 Stn Main. Fort Fe. ON L2A 5Y2 2011 Gross or manifest clerical error $25.86626 2013-75 1340258 Ontano Inc. 7595 Brown43-W,1111;51Fills. UN L2E 655 2013 Damaged by fire, demolition or otherwise $213.11 u•-4 : rustees o t!a•ara• etreat ur o con. iron, 4' un • tam t, xlagara a s. • .:4 r: -2013 Became exempt $10.442.80 2.1 • i •ro•erties a, •l • a - ^a Inc n, ianara aIIs. ON L2E 1Y3 Damaged by fire, demolition or otherwise $12246 - . 261 - i , •ntano trait-.. :oat ouse •estauran . -Or Madden) St, N�ia ara Falls, ON L26 608 2013 Damaged by fire. demolition or othrwise $0.00 2013-53 Secord. Jason David. 0573 -Carl Rd. Pon Robinson. ON LOS1R0 2013 Ceased to be liable to be taxed at rate it was taxed $0.00 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl, $ Name and Address of Applicant Takatior" Year Reason for Application Reduction Amount 2013-77 City of Niagara Falls. 4310 Queen St. PO Box 1023, Niagara Falls, ON L2E 6X5 2013 !Became exempt $574.27 TOTAL 5410,088.88 Approved this 13th day of May 2014. Report No.: F-2014-16 JAMES M. DIODATI, MAYOR rAny individual items not approved must be struck out and initialed.] DEAN IORFIDA, CITY CLERK F-2014-17 Niagarapplls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F-2014-17 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of March 31, 2014 were $12.8 million compared to $13.1 million in 2013. During March, tax receivables as a percentage of taxes billed decreased slightly from 16.2% in 2013 to 15.6% in 2014. The City's finance staff has begun the tax collection process for properties that are subject to registration for 2014. There are currently thirty-three properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2014 improved slightly during the month of March. Table 1 shows that taxes outstanding at March 31, 2014 are $12.8 million. This represents a decrease from $13.1 million in arrears for the same period in 2013. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2014, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after three months of activity. This table shows 70.2% of the tax accounts or 273 properties have been paid in full or the owners have made suitable payment arrangements. During March, eleven accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 58.7% (February) to 70.2% (March). May 13, 2014 -2 - F-2014-17 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of March, four registered properties were redeemed. The outstanding taxes for registered properties represents 2.9% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at March 31, 2014 is 15.6% which is a slight decrease from 2013's value of 16.2%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at March 31, 2014 Table 2 Taxes Receivable by Property Class at March 31, 2014 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties i Recommended by: '� Todd Harrison, Director of Finance , , / 1 / / Respectfully submitted: - Ken Todd, Chief Administrative Officer A. Felicetti TABLE 1 Total Taxes Receivable Owing at March 31,2014 2014 2013 Outstanding Taxes @ February 28, 2014 $ 59,753,324 $ 59,417,983 Penalty charged in March $ 191,809 $ 195,371 Taxes Collected during March $ 6,299,581 $ 5,987,758 Outstanding Taxes @ March 31, 2014 $ 53,645,552 $ 53,625,596 Taxes Billed and Due April 30, 2014 $ 40,855,041 $ 40,489,827 Taxes Past Due $ 12,790,511 $ 13,135,769 TABLE 2 Taxes Receivable by Property Class as at March 31,2014 2014 %of Class 2013 %of Class Taxes Owing Taxes Owing Residential $ 25,681,300 47.87% $ 24,812,154 46.27% Multi-Residential $ 1,553,521 2.90% $ 1,568,809 2.93% Commercial $ 24,955,891 46.52% $ 25,647,330 47.83% Industrial $ 1,373,673 2.56% $ 1,535,040 2.86% Farmlands $ 81,167 0.15% $ 62,263 0.12% Total Receivables $ 53,645,552 100.00% $ 53,625,596 100.00% TABLE 3 Properties Properties Subject to Subject to % Registration Registration as at February 28, 2014 as at March 31, 2014 Initial Amount 389 389 Paid in Full 43 54 13.9% Payment Arrangements 185 219 56.3% Ongoing Collection 161 116 29.8% Action Registered 0 0 0.0% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount May 2014 6 $ 1,222,209 November 2014 23 $ 216,957 May 2015 4 $ 116,151 Totals 33 $ 1,555,318 May 13, 2014 HR-2014-01 HR-2014-01 Niaga rara1Iss May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Human Resources Department SUBJECT: HR-2014-01 Arbitration Award — NFPFFA (Fire) Collective Agreement RECOMMENDATION That Council be advised of the interest arbitration award involving the City of Niagara Falls and Niagara Falls Professional Fire Fighters Association, which mandates an 11.7% salary increase for a term of a collective agreement from January 1 , 2011 to December 31, 2014. BACKGROUND As Council is aware, Firefighting has been deemed an "essential service" by the province and its bargaining process is governed by specific legislation (ie. The Fire Protection and Prevention Act, 1997), which eliminates the union's right to strike and the employer's right to lock out employees. All collective bargaining disputes and/or stalemates, are consequently referred to interest arbitration. Despite the Ontario government's call for "wage and salary restraint" within the public service and request from the Association of Municipalities of Ontario (AMO) for the province to reform the interest arbitration system, the emergency services sector (Police and Fire) continue to receive higher wage and benefit settlements throughout the province. Evidence suggests that the "emergency services" sector continues to receive higher percentage wage settlements than those negotiated with other bargaining units in the private and public sectors. In rendering their written decisions, arbitration boards claim to have considered and reviewed the following criteria: • The municipality's ability to pay in light of its fiscal situation • The extent to which services may have to be reduced if current funding and taxation levels are not increased May 13, 2014 HR-2014-01 • The economic situation in Ontario and the municipality • A comparison between firefighters and other employees in the public and private sectors • The employers' ability to attract and retain qualified firefighters • The principle of total compensation and replicating freely negotiated bargaining outcomes had there been the sanction of a strike or lockout. If the Board of arbitration were required to provide clear written explanations for their decisions which demonstrated evidence that they had actually followed and reviewed the above noted criteria, then arbitration outcomes for municipalities (including Niagara Falls) would likely be more favourable. Unfortunately the empirical evidence is they do not and, virtually all arbitration boards and the Fire Associations across the province, have consistently and uniformly rejected the municipality's fiscal arguments on its ability to pay. In fact, a recent Association arbitration board nominee argued that "taxpayers don't matter" claiming it was the responsibility of municipal leadership and/or elected officials to make these decisions and thereby choose to reduce municipal services or raise taxes. In Fire arbitration, and in the emergency services sector, what appears to be overriding consideration is the replication and precedents of arbitration awards from other communities around the province. Despite the reality that each municipality is different on various levels, including size, population and income, interest arbitration decisions have declared that replicating comparable agreements is the more important yardstick. Consequently, the provincial arbitration process ignores local circumstances (budgets, taxation levels, unemployment, economic factors, etc). The impact of this approach is that arbitration outcomes are not fiscally sustainable and not in the interests of taxpayers, local employers and all unionized and non-unionized employees. The Niagara Falls fire department is well represented by the Niagara Falls Fire Fighters Association. There is no doubt that firefighters provide an essential and important service to our community. Their dedication and commitment to our community is unquestioned. Unfortunately, the provincial government continues to ignore repeated calls from AMO, and municipalities across the province, to reform this broken arbitration process in the emergency services sector. ANALYSIS/RATIONALE On April 10, 2014, Larry Steinberg, Chair of the Board of arbitration awarded the Niagara Falls Professional Fire Fighters Association an 11.7% increase and salary parity with the Niagara Regional Police as follows: May 13, 2014 HR-2014-01 1st Class Officers Captains Platoon Chiefs/ Firefighter Directors Jan. 1, 2011 ( 2.33 %) $82,219 $87,974 $95,374 $104,418 July 1, 2011 ( 1.25 %) $83,247 $89,074 $96,566 $105,723 Jan.1, 2012 ( 3.05 %) $85,786 $91,791 $99,511 $108,948 Jan. 1,2013 ( 1.40 %) $86,987 $93,076 $100,905 $110,473 July 1, 2013 ( 1 .20 %) $88,031 $94,193 $102,115 $111,799 Jan.1, 2014 ( 1.40 %) $89,263 $95,511 $103,545 $113,364 July 1, 2014 ( 1.11 %) $90,245 $96,562 $104,684 $114,611 above numbers are rounded to the nearest dollar and do not include payments for overtime and retention pay In addition, the other monetary highlights include a change in the rank differentials for Alarm Room Operators, Acting/On-Call Pay, instructors pay (107% of a first class firefighter rate), enhancements to the uniform and boot allowance, paid up life insurance increase from $1500 to $5000, orthodontic coverage, line of duty widow benefits to age 65 and a precedent setting new maternity/parental leave top up plan whereby firefighters (in receipt of Employment Insurance) will receive an Employer top up to 75% of their salary for up to a combined maximum period of 25 weeks. The Board did not award the Association's demand for a Health Spending Account for retired firefighters. However, the Employer anticipates this will be raised again by the Fire Association during next year's collective bargaining. The Board, without an explanation of any kind, rejected the Employer's proposal to address a significant financial liability by converting the current sick time bank plan to a short-term disability plan, something which had been freely bargained with CUPE during our last round of negotiations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Excluding the cost of benefit enhancements, the retroactive salary payment for this award will cost the Corporation approximately one million dollars (ie. $991,420) to be paid through budgeted labour reserves. As mentioned, the Fire labour budget shall increase by approximately 11.7% this fiscal year. As of July 1, 2014, a first class firefighter will now earn $90,244.78 per annum. The bargaining unit positions of Platoon Chief, the Directors of Training and Fire Prevention will now earn $114, 610.87. In addition to their annual base salaries, firefighters will also receive payments for "retention pay" ("369") which is applied on top of their above noted base salary and calculated according to their years of service. For example, as of July 1, 2014, First Class Firefighters with 8 years or more service will receive an additional 3% of their base salary ($2,707.34) for recognition pay which will bring their total salary (excluding additional overtime payments) to $92,952.12. Those with 17 years or more service will receive an additional 6% ($5,414.69) to 95,659.47. May 13, 2014 HR-2014-01 Those with 23 years or more service will receive an additional 9% ($8,122.03) to $98,366.81. Platoon Chiefs and Directors of Fire Prevention and Training will earn $117,319.21 (including retention pay) with 8 years or more service, $120, 025.56 with 17 years or more service and $122,732.90 with 23 years or more service. In addition to these totals, all firefighters are eligible for payments arising from overtime premiums. With the retroactivity and salary adjustments arising from this arbitration award, it is anticipated that the vast majority of current firefighters, if not the entire department, will be eligible for the "sunshine list" in 2014. Recommended by: Trent Dark, Director of Human Resources - Respectfully submitted: Ken Todd, Chief Administrative Officer fr MW-2014-18 Niagarafalls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-18 Asphalt Overlay Phase 1 Tender Award - Contract#2014-03 RECOMMENDATION 1. The contract be awarded to the lowest bidder Rankin Construction. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Asphalt Overlay Program is derived from the City's pavement management system which evaluates each road sections based on their structural condition (shape), ride condition (smoothness) and surface distress (cracking and potholes). The condition rating is helpful in determining which sections should be resurfaced and which require reconstruction. Annual asphalt overlay contracts are called to provide timely maintenance to prolong the life of the roadway and postpone the higher cost of reconstruction. Phase 1 of the Overlay Program consists of all of the streets that require top asphalt. These are roads that were part of a capital project that have passed the one year maintenance period and can now be completed. The approved budget for Phase 1 in the 2014 Capital Budget is $750,000. In order to tender earlier in the year and take advantage of a more competitive bidding environment, a number of originally budgeted for street sections with maintenance period expiry dates later in the year were removed from the tender.The revised tender estimate was$280,000. The lowest tender received from Rankin Construction is in the amount of$237,485 which is below the budget estimate. We are of the opinion that this contractor is capable of successfully undertaking this project. The contract value is below the approved budget allocation for this project. Those streets not included would be deferred to the 2015 budget process for consideration at that time. BACKGROUND The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida and the Construction Supervisor, Eric Lallouet opened tenders on Tuesday, April 29, 2014 at 1:30 p.m. for the above noted contract. May 13, 2014 -2 - MW-2014-18 Tender documents for Phase 1 were picked up by five (5) contractors and five (5) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors: Contractor City Tender Price Rankin Construction St. Catharines $237,485.00 Steed & Evans Ltd. Thorold $265,628.00 Brennan Paving Ltd. Port Colborne $274,715.00 Norjohn Contracting & Paving Ltd. Niagara Falls $283,121.00 Circle P Paving Stevensville $288,255.00 ANALYSIS/RATIONALE The candidate road sections selected for this year's program are listed below and shown graphically on the attached maps. Cowan Crescent from Russell Street to Limit Eleanor Crescent from Russell Street to Limit Janet Crescent from Russell Street to Limit Kenwood Court from Russell Street to Limit Sheppard Crescent from Russell Street to Limit Prior Crescent from Harriman Street to Limit Cleveland Avenue from Dunn Street to Dixon Street Dixon Street from Stanley Avenue to Cleveland Avenue Fruitbelt Parkway from Stanley Avenue to Limit St. George Avenue from Russell Street to O'Neil Street FINANCIAL IMPLICATIONS The project was approved in the Municipal Works Capital Budget for 2014 with a budgeted expenditure of $750,000. The proposed contract can be accommodated within the approved budget. Any surplus funds generated in a capital project is transferred at the closing out of that project to capital reserves for future use. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's strategic priority to achieve the goal of infrastructure sustainability. May 13, 2014 -3 - MW-2014-18 LIST OF ATTACHMENTS 1 . Location Map #1 2. Location Map #2 11 Recommended by: Geoff Holman, Director of Municipal Works / Respectfully submitted: �� Ken Todd, -,thief Adnhinistrative Officer Eric LallouetlGeoff Holman MW-2014-18 Attachment#1 -----.1:2------" l I G >SEAU PL. a 3 STAMFORD GREEN DR. - a BBEY CL. UTERNE PL. u_ z d w L O U Q U w W _ U I• >i J z K _I j O W O Q U z Q U U a HARRIMAN ST. o Y J :" IC • RUSSELL S cc BRIAN CR. w ¢ U 0 wri---------; o ROSELAND w tr v ¢ CR. cn BRIAN CR. . g • z O'NEIL ST. • j MCGILL ST. GLENGARY ST. �a o 1Y J W md K-17 M J Q W J U L /A H'.�GGNS J L7 W W na C 4 o MURRAY ST. i 2 S Oj T Q \ \ > 1 • m S m U 1 3 U w 0 of DIXON ST. Lai W o Q Z 4 j j C Q Q w = DUNN ST. I 0 OJ U Q IMO 7 OJ c m 1 w us Z TORY CR. u Cn NINGSTO 1111 SUNNYLEA. ST. C0( /� CR. S OR I APPROVED //� (SCALE • N e MUNICIPAL WORKS DATE � Niag II 2014 ■ DIRECTOR OF MUNICIPAL WORKS 11 FILE.NO. I MAP ' DATE Asphalt Overlay of Roads - Phase 1 1 • • MW-2014-18-Attachment#2 / ' i O Gib, 0 </T co I I W _ Z Z W Q T. r ' CC 0 Z MORNN� R'el ,le. Ifr Li, ^ FP.W U N HOMPSON PD ('� `9 1\' ''V Po r CLAUDE DE 7 AV H I c, ,t, 7,. LEVINE ST. APPROVED I -SCALE NEE— s MUNICIPAL WORKS DATE DIRECTOR OF MUNICIPAL WORKS DATE 2014 FILE.NO -MAP�' Asphalt Overlay of Roads - Phase 1 St MW-2014-19 Niagara&11s May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-19 Asphalt Overlay Program - Phase 2 Tender Award - Contract #2014-03 RECOMMENDATION 1. That the contract be awarded to the lowest bidder Norjohn Contracting & Paving Ltd. 2. That the Capital Budget for Asphalt Overlay - Phase 2 be increased to $1 ,600,000 and that the funding for the increased amount of $500,000 be derived from the capital reserve. 3. That the Mayor and Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Asphalt Overlay Program is completed in two phases each year. Phase 1 consists of those streets that were reconstructed under a previous year's Capital Works project and have satisfied the requirements of the one-year maintenance period. The second phase focuses on those road sections that require resurfacing or rehabilitation to address deteriorated road conditions brought on by freeze-thaw cycles, heavy traffic or utility cut repairs. It is more cost effective to resurface these sections than to temporarily patch them. The approved 2014 Capital Budget included $1,100,000 for Phase 2 of the asphalt overlay program. The lowest bid received for the work is $1,395,350. Due to the length and severity of this past winter, many streets suffered excessive deterioration over what was envisioned during the budgeting and tendering stages of this project. It is recommended that the scope of this project be expanded to include streets where asphalt patching needs are so extensive, that it is more cost effective to overlay them. It is recommended that the budget be increase to $1.6 Million to address as many of the added streets as can be accommodated within the revised budget amount. The additional work can be funded from capital reserves. The list of road sections and related quantities have been tendered in accordance with the Corporate Supply and Services Policy and ranked in accordance of priority. May 13, 2014 -2 - MW-2014-19 BACKGROUND The Tender Opening Committee in the presence of the City Clerk, Dean lorfida and the Construction Supervisor, Eric Lallouet opened tenders on Thursday May 1, 2014 at 1:45 p.m. for the above noted contract. Tender documents for Phase 2 were picked up by four (4) contractors and four (4) bids were received. Listed below is a summary of the tender prices, excluding HST, received from the Contractors. Contractor City Tender Price Corrected Bid Norjohn Contracting Niagara Falls $1,394,350.00 $1,393,029.30 Circle P Paving Stevensville $1,458,990.00 $1,458,975.00 Rankin Construction St. Catharines $1,572,435.00 - Brennan Paving Markham $1,599,459.00 - ANALYSIS/RATIONALE Phase 2 of the Asphalt Overlay Program (titled "2014 Road Resurfacing and Rehabilitation")targets those road sections that require resurfacing or rehabilitation in order to extend the life of the road asset. The priority is established by using factors such as the Pavement Condition Index(PCI), numbers of reports for remedial repairs and where further deterioration of the roadway will result in exposure to liability or place the travelling public at risk. While it is difficult to predict the rate of deterioration of the City's roadway assets it should be noted that it is often more expensive to repair road sections on a piece meal basis than to perform timely resurfacing or rehabilitation. The City's adoption of the Minimum Maintenance Standards requires the City to patrol, document and remediate roadways listed in poor condition within preset timelines. The road sections included in this year's program are: URBAN SURFACE TREATMENT: Jepson Street from Valley Way to Slater Avenue Morse Avenue from North Street to Summer Street Hannan Avenue from North Street to Lundy's Lane FULL DEPTH ASPHALT OVERLAY: Arad Street from Dell Avenue to Brant Avenue Welland Street from Willoughby Drive to Sodom Road Macklem Street from Mechanic Street to Portage Road Wallace Crescent from McMicking Street to Limit May 13, 2014 -3 - MW-2014-19 FULL DEPTH ASPHALT OVERLAY CONTINUED: Brookdale Drive from Michael Street to Niven Street Niven Street from Brookdale Drive to Kalar Road ADDITIONAL STREETS - FULL DEPTH ASPHALT OVERLAY (to be completed up to the budget limit) Sinnicks Avenue from Vine Street to Mayfair Drive Monastery Drive from - to - Casey Street from Dorchester Road to Olden Avenue Brock Street from St. Andrew Avenue to St. George Avenue St. George Avenue from Gore Street to McMicking Street Heritage Drive from Stanley Avenue to Swayze Avenue FINANCIAL/STAFFING/LEGAL/SCHEDULING IMPLICATIONS The total funding requested and approved for Phase 2 of the asphalt overlay program in the 2014 Capital Budget was $1,100,000. The lowest tender for the work is $1,395,350. Staff recommends that the full contract be approved and the additional requested funding be derived from capital works reserve. There is sufficient funds in this reserve to fund the requested amount. CITY'S STRATEGIC COMMITMENT The recommendations are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Map #1 2. Location Map #2 3. Location Map #3 v� Recommended by: r' Geoff Holman, Director of Municipal Works l � - Respectfully submitted: �U� Ken Todd, Ohief Ad inistri tive Officer Eric LallouetlGeoff Holman MW-2014-19 - Attachment #1 GC-\v Z N U � / \ e WILINGER ST. GALAXY DR. \I RIALL ST. , L I CASEY ST. GORE STWALLACE CL �C _ III ORING CR. 0( MCMICKING ST. U N W CMICKING ST. z a U CY EEI GLENGOWAN O w Cr ° �DY ST. CR. ° o BROCK ST. , M / a z I-: rj EL-Au PI . T I _ a 1 J 1 nn,,Aun n, LEN DR. I �- XP S AMLKUiv rc J it RAG G EN ° Ii fG EOXE DR. 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Y�� o w > z a ° a > o z w 0 LUNDY'S LANE FERRY " ' ET i Y ' S LANE aUGHNER PL Z _ •EER LN APPROVED 'l /J/� SCALE MUNICIPAL WORKS ag ]$ DATE DIRECTOR OF MUNICIPAL WORKS I 2014 1 FILE.NO. MAP I DATE Road Resurfacing and Rehabilitation - - j MW-2014-19 - Attachment#3 , < ATLEE ST. 4 a w x 4 CHURCHILL ST4, i 0 z sOO�NP CA SKINNER ST. z Q WHITMAN AV- z c < ARAD ST. m �2 <- -- HENNEPIN CR. a W f J > CADHAM ST. W aO Q Q . o o FRONTENAC ST d d VILLAGE CR. Z HAWKINS -T < c X Z W > O Q < Q • LEOD ROAD WENDY DR. F+ Tt z LAKEWOOD CR. v n \ 9 L J SA - - SOOTH 'ANDS, F' pal > ® �' u, m LEGION u, m St. --I z DR i z SVV ER mac^ ®,( CHIPPAWA PY. r- p e. Z y Z m x s L m -C < FRONT ST_ C I 51 7i MAC0 °6 I Zr- Lr____._____- IWO" 1 ROAD RRIDGEWATER ST. -111'1.1. al L- i MAIN ST.Ell 0 0 m � - a m z r � �[0N05,q9 alli 0 > , WELLAND ST. c STRANG DR. O��{ A Go z rm<i ABE- O n m z m ST X lc/2 ELLINGTON ST. < �' GUNNING DR. 0 s In m m MONTCALM C v LI in a DR A .URH' S. C APPROVED j//l SCALE '1 �p,�� MUNICIPAL WORKS , Niaga frTh //1 1 ;DATE 1.1 DIRECTOR OF MUNICIPAL WORKS 2Q 1 I FILE.NO. MAP DATE 1 Road Resurfacing and Rehabilitation 2 ' ____— _ocite MW-2014-20 NiagarafaIls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-20 City-Wide Beautification Contract RECOMMENDATION 1. That the City of Niagara Falls award RFQ#11-2014 — City Wide Beautification to Kelly Digs Landscaping Services Ltd. and; 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The City Wide Beautification program targets those high profile areas of the municipality where the standard of care for planting and maintenance exceed the available resources of municipal staff and are contracted annually through the RFQ process. At the September 24, 2013 meeting, Council directed that management staff meet with CUPE regarding the issue of contracting out of these services. Municipal Works staff revisited the work program to include in-house resources. CUPE staff will taking on a number of aspects of the program, notably a number of City-owned parkettes. By reallocating work assignments, staff has been able to provide the same level of service at a cost savings of approximately $12,000. Management and CUPE staff will continue to monitor and investigate opportunities to bring "in-house" other aspects of the program. The purpose of this report is to request Council's approval to enter into a contract with the low bidder, Kelly Digs Landscaping Services Ltd who has met the qualifications. BACKGROUND RFQ# 11-2014 - City Wide Beautification is a one year contract with yearly renewal options up to two years. This will allow City staff sufficient time to evaluate the successful bidder's performance on a yearly basis, resulting in a contract extension or termination based on performance. The City Wide Beautification Contract is separated into six sections (A-G); • Schedule A: Annual Perennial Flower Beds • Schedule B: Raised Planters • Schedule C: Shrub Beds and Streetscape • Schedule D: Grass Cutting and Trimming • Schedule E: Falls Avenue Streetscape • Schedule F: Scotiabank Convention Centre • Schedule G: - Supply & Installation Plant Material Kelly Digs Landscaping Ltd. was the low bidder capable of performing all the requirements as outlined in RFQ11-2014. ANALYSIS/RATIONALE Tenders were received from six contractors with four meeting the requirements of the RFP. Results are as follows: Contractor A B C D E F G Bid Total Kelly Digs $26,674 $6,488 $19,933 $14,249 $53,788 $9,354 $17,614 $148,100 SB Haulage $36,917 $5,779 $36,815 $30,518 $147,126 , $110,797 $63,701 $431,653 SNIPS $26,749 $7,532 $47,333 $31,845 $34,804 $31,465 $46,906 $226,634 Tree Amigos $27,254 $6,611 $52,348 I $43,741 $61,944 $11,279 I $24,254 $227,431 It should be noted that Schedule E is part of the cost sharing arrangement with the Region of Niagara and approximately $23,800 will be billed to them upon completion of the season. Schedule F involves the maintenance at the Scotia Bank Convention Centre (SBCC) which will be received in its entirety (approximately $8,277 pending any additional requests). May 13, 2014 MW-2014-20 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Proposed Tender Costs $ 148,100 Less: Outside billings and adjustments ($ 33,967) Total anticipated costs $ 114,133 As indicated, staff is recommending approval of the quotation, which is within the budgeted amount. The anticipated net cost of $114,133 is identified in the above schedule. The approved operating budget is $120,000. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to seek opportunities for organizational efficiency and effectiveness. LIST OF ATTACHMENTS Recommended by: 0 gr( Geoff Holman Director of Municipal Works Respectfully submitted: l/ 69r Ken Todd, Chief inistrative Officer M.Tikky/0t PBD-2014-26 Niagaraftalls May 13, 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-2014-26 Swimming Pool By-law RECOMMENDATION 1. That Council approve the proposed Swimming Pool By-law, listed under the By-law section, and related fees. EXECUTIVE SUMMARY The proposed Swimming Pool By-law improves upon the regulations established in the current City of Niagara Falls Swimming Pool Fence by-law through a number of additions and consolidations. The proposed by-law consolidates the municipal regulations for fence requirements, pool location requirements as well as maintenance and inspection requirements into one convenient by-law. This consolidation makes it much simpler for the public to understand the regulations involved in the installation of outdoor swimming pools while also making it easier for staff to enforce the regulations. In addition to the consolidation, the proposed by-law updates and enhances the language of the current by-law as well as updating the current fee structure for various types of outdoor swimming pools. The new schedule of fees uses a fixed fee approach and sets out fees which are in line with similar permit and inspection services offered by Building Services under regulation of the Building By-law. BACKGROUND The current Swimming Pool Fence by-law [73-159] of the City of Niagara Falls requires and regulates the installation of fences around swimming pools. It originally came into effect in 1973 and has been amended more than half a dozen times since its initial passing. Despite the numerous updates through the years, the current by-law lacks the language to address the new types of pools being installed and is in generally need of refreshing. May 13, 2014 -2 - PBD-2014-26 The current by-law only addresses the matter of swimming pool enclosures, namely fences around an outdoor swimming pool. Other related matters such as location of the swimming pool and the maintenance of it and the enclosure are left to other varying by- laws such as the Zoning By-law, Property Standards By-law and Fence By-law. To have these supplementary regulations split into the various other by-laws makes the regulations as a whole somewhat uncoordinated, sometimes conflicting and regularly confusing for home owners to understand. ANALYSIS/RATIONALE In order to address the shortcomings of the existing by-law, Staff underwent a comprehensive review of the existing by-law, it's amendments and the varying other by- laws which provide support regulation to determine the valued language that could be maintained. In addition, Staff also utilized swimming pool by-laws from various other municipalities to assist in preparing new language that would address the key areas that remained untouched in the previous by-law. This approach allowed Staff to draft the consolidated by-law proposed this evening for approval by Council. The proposed by-law builds upon the language of the existing by-law and is successful in consolidating all municipal regulations with respect to outdoor swimming pools into one convenient package. This consolidation will allow for provisions to be removed from the Comprehensive Zoning By-law and other referenced by-laws. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: Similar to the process that was conducted in updating the Building By-law late last year, the processes to issue permits and conduct the necessary inspections were analyzed. The fees outlined below are the rates proposed in the new by-law to move toward cost recovery on the issuance and inspection of outdoor swimming pool permits. All applications for permits for outdoor swimming pools regulated by the proposed by- law will be subject to the following fees: (1) Seasonal Outdoor Swimming Pool $75.00 (2) Above Ground Outdoor Swimming Pool $150.00 (3) In Ground Outdoor Swimming Pool $200.00 The updated fees reflect the introduction of a new fee for the newly created category of Seasonal Outdoor Swimming Pools, an increase to the Above Ground Outdoor Swimming Pool rate, up from $80 in the previous by-law, and finally a simplified fee for In Ground Outdoor Swimming Pool applications. The simplification of the fee for In Ground Outdoor Swimming Pool applications establishes a fixed rate as opposed to the previous value of construction rate. This is a fairer process for the applicant as the value of the pool has little to no impact on the effort and time necessary to issue and inspect the permit. May 13, 2014 -3 - PBD-2014-26 The overall permit revenue generated by swimming pool permits is difficult to estimate as it is based on the number of swimming pool applications submitted year over year. However, it is reasonable to estimate that permit fees should be stable on a per permit basis as a result of little modification to the existing fee structure. CITY'S STRATEGIC COMMITMENT: This initiative is in compliance with the City's strategic priorities through improvement to the City's By-laws making regulation more straight forward by consolidating all municipal regulations regarding swimming pools and private spas into one by-law Recommended by: Alex Herlovitch, Director of Planning, Building & Development , , _ ,/ j'_ ; ,/ Respectfully submitted: -�� , Ken Todd, Chief Administrative Officer J Menard ,— PBD-2014-30 Niagarrafalls May 13, 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-2014-30 Concurrent Consent Applications RECOMMENDATION That Council approve the proposed fee structure for consent applications filed simultaniously with the Committee of Adjustment, $3,400.00 for the first application and $510.00 for each concurrent application for the same lands. EXECUTIVE SUMMARY The City currently does not have an approved fee structure for concurrent consent applications. In order to address this, a new fee structure is proposed for multiple consent applications related to the same property. The new fee structure can be supported for the following reasons: • The Committee of Adjustment has identified a need for a concurrent consent application fee. • In the absence of a concurrent fee the Committee of Adjustment has either waived or reduced fees on a case by case basis. This has resulted in inconsistency. • A concurrent fee would better ensure appropriate fees are collected for applications. • Concurrent consent applications do not share the same costs as individual applications. • This would mimic a fee structure already approved for processing concurrent applications for minor variances and consents. BACKGROUND In the past year the Committee of Adjustment has requested staff to consider revisions to the application fee schedule to address concurrent consent applications. On occasion applications for multiple consents are filed for the same property. In these cases the Committee has been sympathetic to the amount of the fees, which in one case were double the fees for a plan of subdivision. In the absence of a concurrent fee the Committee of Adjustment has either waived or significantly reduced fees on a case by case basis. This has resulted in inconsistency. May 13, 2014 -2 - PD-2014-30 Each year the Planning Department is requested to provide an estimate of income for budget purposes which is used to off-set expenditures. Approval of a concurrent fee would be fair to applicants and better ensure an annual estimation of the fees to be collected for applications. Establishing a concurrent fee has merit because concurrent applications require a single circulation list to be prepared, one public notice to be mailed and standard signage to advertise the proposal. It is recognized that there are less costs involved when processing concurrent applications for the same property than two separate applications for different properties. Nonetheless, each associated consent application still requires staff time to review, involvement of other commenting departments and file maintenance. Currently, the City's Fee Schedule includes a concurrent fee where a consent and a minor variance application are considered simultaneously for the same property. Staff propose a fee of $3,400.00 for the first application and $510.00 for each additional concurrent consent application for the same property. This represents 15% of the $3400.00 fee for an individual application. This can be considered acceptable weighing the amount of staff processing time for concurrent consent applications as outlined together with the necessity of only one notice and one recommendation report. FINANCIAL IMPLICATIONS Establishing a concurrrent fee will be fair to those applicants filing multiple applications for the same property and will better ensure appropriate fees are collected to assist the City in meeting its operating budget. LIST OF ATTACHMENTS Appendix 1 - Planning Schedule of Fees with Proposed Changes Recommended by: Alex Herlovitch, Director of Planning, Building & Development i t Respectfully submitted: ° _ , Ken Todd, Chief Administrative Officer K.Mech:ss Attach. S:\PDR\2014\PBD-2014-30, Concurrent Consent Applications.wpd APPENDIX 1 Planning, Building & Development Department - 2014 Application Fees Official Plan Amendment Application $ Fee H.S.T. Total Official Plan Amendment 12,200.00 N/A 12,200.00 Aggregate Resource Extraction Full Cost N/A Full Cost Recovery Recovery Zoning Amendment Application $Fee H.S.T. Total High Rise Hotels 14,500.00 N/A 14,500.00 Complex 12,200.00 N/A 12,200.00 Standard 5,600.00 N/A 5,600.00 Official Plan&Zoning Amendment(Combined) - $Fee M.S.T. Total High Rise Hotels 16,200.00 N/A 16,200.00 All Other Lands 13,500.00 N/A 13,500.00 Site Plan Application $Fee H.$.T. Total High Rise Hotels 6,000.00 N/A 6,000.00 All Other Lands (including Testamentary Devise) 4,000.00 N/A 4,000.00 Amendment to Site Plan Agreement 1,500.00 N/A 1,500.00 Plan of Subdivision Application $Fee H.S.T. Total Residential Plan 13,500.00 N/A 13,500.00 Modification to Draft Plan Approval 2,500.00 N/A 2,500.00 Extension to Draft Plan Approval 1,000.00 N/A 1,000.00 Plan of Condominium $Fee H.S.T. Total Vacant Land 10,000.00 N/A 10,000.00 Conversion 2,500.00 N/A 2,500.00 Standard 1,500.00 N/A 1,500.00 Extension of Draft Plan 1,000.00 N/A 1,000.00 Modification of Draft Plan -Vacant Land Condo 2,500.00 N/A 2,500.00 Modification of Draft Plan-Standard/Conversion 1,225.00 N/A 1,225.00 Part Lot Control $Fee H.S.T. Total Separation of Semi-detached/On-street Townhouse Units 1,500.00 N/A 1,500.00 Deeming By-law 1,500.00 N/A 1,500.00 Property Relotting 3,400.00 N/A 3,400.00 Public Renotification $Fee H.S.T. Total Mailing Renotification 300.00 N/A 300.00 Reassessment Requiring a further report 400.00 N/A 400.00 Newspaper Renotification ($600 deposit payable with Actual Cost N/A Actual Cost application) Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Note: Additional fees from the Legal Department are required for application requiring agreements and registration of some by-laws. Planning, Building & Development Department - 2014 Application Fees Committee of Adjustment $Fee H.S.T. Total Consent Application 3,400.00 N/A 3,400.00 Change of Conditions 200.00 N/A 200.00 Minor Variance 2,100.00 N/A 2,100.00 Renotification/Reschedulinq (Consent/Minor Variance) 200.00 N/A 200.00 Concurrent Consent/Minor Variance Applications 4,125.00 N/A 4,125.00 Concurrent Consent Applications- First Application 3,400.00 N/A 3,400 00 Each additional application for the same lands 510.00 N/A 510.00 Sign By-law $Fee H.S.T. Total Variance to Sign By-law 2,100.00 N/A 2,100.00 Sign By-law Amendment 5,600.00 N/A 5,600.00 Sidewalk Café Application for Sidewalk Café 500.00 N/A 500.00 Compliance Letters $Fee H.S.T. Total Site Plan Compliance Letter 200.00 N/A 200.00 Environmental Request Letter 200.00 N/A 200.00 Zoning Confirmation Letter 200.00 N/A 200.00 Publications $Fee H.S.T. Total Official Plan 39.82 5.18 45.00_ Zoning By-law 79-200 (as amended) 39.82 5.18 45.00 Urban Woodlot Study 26.55 3.45 30.00 Accommodations&Attractions Inventory 22.12 2.88 25.00 Garner Neighbourhood Secondary Plan 13.28 1.72 15.00 Tourism Policy Review 13.28 1.72 15.00 Tourist Area Development Strategy 13.28 1.72 15.00 Tourist Area Development Application Guide 4.43 0.57 5.00 Sign By-law Review Study 13.28 1.72 15.00 Streetscape Master Plan 13.28 1.72 15.00 Reverse Lot Frontages Interim Guidelines(1989) 8.85 1.15 10.00 Site Plan Policy& Standards (copy included with application) 8.85 1.15 10.00 Smart Growth in Niagara 4.43 _ 0.57 5.00 High-rise Hotel Development Inventory No Charge Heritage Walking Tours No Charge Copies of Out-of-Print Materials 35.40 4.60 40.00 Photocopying-4 pages or more (B/W) 0.24 0.03 0.27 Community Improvement Plans $Fee H.S.T. Total Brownfield CIP 8.85 1.15 10.00 Brownfield Strategy No Charge Pilot Project Area No Charge Financial Incentives No Charge Main & Ferry SWOT Analysis Report No Charge Historic Drummondville CIP 8.85 1.15 10.00 Downtown CIP 8.85 1.15 10.00 rf� PBD-2014-31 Niagarafalls May 13, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2014-31 PLC-2014-001, Request for Removal of Part Lot Control Lot 10, Registered Plan 59M-340 Garner Village Subdivision Applicant: Mountainview Homes RECOMMENDATION 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lot 10 on Registered Plan 59M-340, as exempt from Part Lot Control for a period of two years. 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. EXECUTIVE SUMMARY Mountainview Homes has requested Council pass a by-law to exempt Lot 10 on Plan 59M-340 from being subject to Part Lot Control to allow the transfer of ownership of each semi-detached dwelling unit. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the lot is located within a registered subdivision and its division into more than one parcel has been anticipated; • the approval will permit a deed to be created for each parcel containing a semi- detached dwelling unit and permit each property to be sold; and • the zoning is in place to permit the semi-detached dwelling and the proposed parcels. BACKGROUND Mountainview Homes has submitted a request to have Part Lot Control removed from Lot 10 within the Garner Village subdivision. Lot 10 is located on Silverstar Court, west of St. Michael Avenue. The location of the lot is illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow the division of lots within registered plans of subdivision. Part Lot Control was removed from a number of lots and blocks, including the subject lot, in the subdivision in 2007, but expired in 2012 before all the dwellings could be built and the dwelling units sold. Lot 10 was omitted in 2012 when a by-law to lift Part Lot Control over a number of lots in the subdivision was passed. The applicant is seeking an exemption from Part Lot Control for Lot 10 for two years. May 13, 2014 -2 - PBD-2014-31 ANALYSIS/RATIONALE The subject lot is located within the Garner Village subdivision (59M-340)which was registered in 2006. Lot 10 was designed to be developed with a semi-detached dwelling. Lot 10 is zoned Residential Mixed (R3-709) by Zoning By-law No. 79-200, as amended by By- law No. 2005-84. The R3-709 zone permits a semi-detached dwelling. Through the issuance of Building Permits staff will ensure that the dwelling complies with the R3-709 zone. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that Lot 10 can be divided into two parcels, one for each dwelling unit. Part Lot Control has been requested to be lifted for two years. This time frame will provide sufficient time to built the dwelling and create the required deeds. The developer should be required to notify the City when the new deeds have been created to assist in record keeping. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS • Schedule 1 - Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: � t �� ? Ken Todd, Chief Administrative Officer K Mech Attach. S:\PDR\2014\PBD-2014-31, PLC-2014-001, Lot 10 Registered Plan 59M-340 wpd May 13, 2014 - 3 - PBD-2014-31 SCHEDULE 1 Part Lot Control Application Lot 10, Registered Plan 59M-340 Applicant: Mountainview Homes Location Ma• -- i J •nn12014 Subject Land R&C-2014-04 Niagara,&lls May 13, 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-2014-04 2015 Riverhawks Tournament RECOMMENDATION That the Riverhawks adult Tournament be charged the youth prime rate for their 2015 tournament. EXECUTIVE SUMMARY Junior C Riverhawks organization submitted a letter to staff, Attachment#1 requesting the City charge the organization the youth prime rate effective March 2014, instead of the adult prime rate. The tournament is an adult tournament with the goal of raising funds for the youth nonprofit Junior C hockey organization. The difference in the user rates is $3,597 that the group prefers to direct toward the hockey team operation. BACKGROUND September 2011 City Council approved charging the prime youth rate instead of the prime adult rate for the JMAC Memorial Hockey Tournament. The change of the rate was approved to reduce the ice expenses in order to raise more funds that could be given back to the community in scholarships. To be transparent and consistent with local, nonprofit tournaments that benefit youth in our community, staff recommends the tournament be charged the youth prime rate to increase the amount of funds to be raised for the Junior C Riverhawks organization. The funds benefit the community by providing Niagara Falls youth the opportunity to play competitive hockey. Throughout the fall/winter hockey season the Junior C team is charged the youth prime or non-prime ice rate dependant upon the day and time of the ice rental. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At the time that the Gale Centre was opened, the Riverhawks, similar to the Niagara Falls Canucks were relocated to the Gale Centre. Both teams received a five-year license agreement for the team dressing room, office, storage spaces at no cost. However, both teams are required to pay for ice costs at the youth rate. The club also receives an annual grant of $20,000, that compensates the team for lost revenues previously received from advertising at the Chippawa arena. May 13, 2014 - 2 - R&C-2014-04 In 2013 the Riverhawks tournament used 49 prime time hours. The total paid at the adult prime rate is $10,770 including tax. If the tournament was charged the youth prime rate, the total would be $7,173, a $3,597 difference. CITY'S STRATEGIC COMMITMENT The City of Niagara Falls Strategic Priorities, Economic Vitality states, Encourage development of new tourism products, to promote and expand year round sport tourism opportunities utilizing City recreation facilities such as the Gale Centre. ATTACHMENT 1. Riverhawks request letter Recommended by: 7774 1/41/2114 Qi Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: _ '_ Ken Todd, Chief Administrative Officer . .. ...... . ...... www argeor lQr wielf April 2,2014 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario 42E 6X5 Attention: Kathy Moldenhauer Director of Recreation and culture Dear Kathy: l am writing on behalf of The JR C Riverhawks, in regard to the ice rental fees for hockey tournaments. The Riverhawks are a non-profit organization that provides an opportunity for our youth to play hockey at a competitive level. To maintain this opportunity we are required to hold many tireless fundraising activities. Each year the Riverhawks hockey team hosts an adult hockey tournament to raise funds for the operation of the JR C team. During the hockey season the ice fees for the JR C team are charged at the youth rate, however adult ice fees are charged for the fund raising hockey tournament. We feel that it is unfair that tournaments rim by for a profit organization are charged the lower youth rate and our non-profit organization which benefits the community through our youth are charged the higher foe. We would like to request at this time that the ice fees for this hockey tournament be charged at the youth rate due to the fact that any profits from this tournament will be used to benefit the community by providing our youth the opportunity to play competitive hockey. thank you for your attention to this matter. Sincerely, • Fred Sacco Riverhawks R&C-2014-05 NiagaraJlalls May 13, 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-2014-05 Skating Aids RECOMMENDATION: That Kez Skating Scooters be purchased and permitted during public skating sessions and other skating programs starting September 1, 2014. And that the Recreation Committee make recommendations for possibilities of recognition on the panels of the skating aids. EXECUTIVE SUMMARY At the April 8, 2014, City Council meeting, staff was requested to prepare a report to review the purchase and use of Kez Ice Scooters, skating aids (learn to skate assistive devices) at public skating and other skating programs. The Kez units are currently being used and at other municipal arena facilities during their public skating sessions. Staff received positive feedback from the facility staff regarding the Kez Ice Scooters. Fifteen skating scooters will be purchased for use at the Gale Centre and Chippawa arena. BACKGROUND Public Skating is defined as a regular scheduled skating program that is offered to the general public with or without admission being charged for admittance. Public Skating traditionally occurs in a one to two hour block of time. (ORFA) The Ontario Recreation Facility Association (ORFA), Suggested Guidelines for Public Skating states the following with respect to allowing approved skating aids during public skating sessions: No person should enter onto the ice surface during any public skating program unless on ice skates. Street shoes should never be worn on any ice surface. The use of any skating aids should not be permitted on the ice during public skating programs under any conditions. Facility staff should be educated on when `learn to skate"programs are held and advise patrons of such services. Staff contacted NOTL and the City of London to request additional information on the use of skating aids during public skating sessions. Both communities have purchased a limited number of skating aids. May 13, 2014 -2 - R&C-2014-05 ANALYSIS/RATIONALE Weekend and holiday public skating sessions are very popular at the Gale Centre. Approximately 200 patrons attend an average two-hour Sunday afternoon public skating session. Due to the volume of patrons on the ice pad, there is limited space for children learning to skate with the assistance of a skating aid. Only Kez skating aids will be permitted in a separated area on the ice surface during the Sunday and holiday skates. The Kez Ice Scooter will be available free of charge to families during public skating and the Tiny Tot program designed for young children to develop their skating skills without the crowds of public skating. The Kez, skating aid will also be available at the Chippawa Arena public skating session which draws approximately 40 skaters. With the limited number of people that attend the public skating sessions in Chippawa, skating aids will be permitted anywhere on the ice surface. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Public Skating patrollers, part-time Gale Centre staff is responsible for ensuring a safe and enjoyable skating experience for all skaters. Public Skating rules are posted at the arena and on the City's web site. The patrollers monitor the ice pad throughout the skating session to ensure patrons are adhering to the posted rules. Staff is responsible for enforcing the public skating rules. Risk Management staff has reviewed the request with the City's insurance provider and recommends the Kez skating aids be permitted in a separate, designated area during Gale Centre public skating sessions. The separate area is recommended because of the increased risk to public safety due to the conflicting use and the possible trip hazards of the skate aids themselves. Procedures for the use of the Kez Ice Scooters will be finalized and promoted prior to the fall/winter 2014 season. Children using the skating aids must be supervised by an adult and no outside skating aids will be permitted after September 1, 2014. The cost to purchase the fifteen scooters is approximately $2,500. The units each have a panel for potential advertisement. All Advertising opportunities must comply with the Gale Centre Adverting Agreement. At the present time the advertising is coordinated through a third party thus limiting any revenue for the City to offset the cost of the units. CITY'S STRATEGIC COMMITMENT The Healthy and Safe Community strategic priority reinforces the need to promote awareness and opportunities for active living. Providing opportunities for public skating in a safe and enjoyable environment supports this priority. May 13, 2014 - 3 - R&C-2014-05 LIST OF ATTACHMENTS 1. Kez Ice Scooter picture Recommended by: /// c. �.( �°�.�� 0 ( Lc Kathy Moldenhauer, Director of Recreation & Culture Approved by: /'ii(CC!j� i c ,/ ' -t Ken Todd, Chief'�dministrative Officer Attachment #1 - R&C-2014-05 Kez Ice Scooters 4 a ": :-,41:'!..:.., e : 0 p� �e xr [+, W wj l� py' t ' X + ¢ S• fib • v y fa. . a 3''.'v 'xFk SI t' Si x. • f 1 ' " Z! TS-2014-16 Niagarra&ells May 13, 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-2014-16 Fourth Avenue - Parking Review RECOMMENDATIONS 1) That a "No Parking" restriction is established on the east side of Fourth Avenue between Jepson Street and Rosedale Drive. 2) That a "No Standing" restriction is established at each of the four transit stops on Fourth Avenue between Jepson Street and McRae Street. EXECUTIVE SUMMARY The majority of residents on Fourth Avenue between Jepson Street and Rosedale Drive are in favour of prohibiting parking on one side of their street. BACKGROUND A request has been received from a resident to review the parking situation on Fourth Avenue between Jepson Street and McRae Street. The concern stems from vehicles that are parked on both sides of the street which narrows the road for local buses and delivery vehicles from safely proceeding through. Fourth Avenue is a local residential roadway with a straight and level road alignment. Within the study area, it has an 8-metre pavement width, curb and gutter on both sides, a grass boulevard on the west side only and 1.2 metre wide sidewalks on both sides. The Eventide Home, a Salvation Army facility encompasses the majority of the frontage along the east side of Fourth Avenue between Jepson Street and McRae Street. There are two driveways to the Eventide Home via Fourth Avenue, and an exit only onto Jepson Street. Low density single family homes front the west side of Fourth Avenue. Currently, a short "no parking" restriction is present on the east side of Fourth Avenue between a point 20 metres south of Jepson Street and a point 44 metres south of Jepson Street. The restriction extends through the northern Eventide Homes access. Niagara Transit uses Fourth Avenue for their#108 route. There are two transit stops (one in each direction) south of Jepson Street and two transit stops north of McRae Street. May 13, 2014 -2- TS-2014-16 ANALYSIS/RATIONALE Traffic studies have been completed to address if parking control changes are warranted. On-site observations revealed that there were no more than three (3) vehicles parked in the study area at any given time during normal business hours on weekdays. Staff inspected the Eventide Homes parking lot and observed it to be near capacity. Niagara Transit Staff identified that their drivers have not experienced any difficulty navigating their way through this area. A questionnaire was delivered to each property owner with a frontage on Fourth Avenue between Jepson Street and McRae Street. Of the twelve (12) questionnaires, five (5) responses were received representing a 42% response rate. However, the majority of the responses were received from the property owners on Fourth Avenue between Jepson Street and Rosedale Drive. In this road segment, four of the six property owners each responded by identifying that they prefer parking to be prohibited on one side of Fourth Avenue. Given that the majority of residents have responded favourably to revising the parking control on their street, Staff is recommending that a parking prohibition is established on the east side of Fourth Avenue between Jepson Street and Rosedale Drive. Standing prohibitions are recommended at each of the four transit stops in the study area. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs will be carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2014 General Purposes Budget. The estimated cost to replace the signs is approximately $1000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: 1 et-r-(' ' Karl Dren, Director of Transportation Services ,/ * ii, 7� Respectfully submitted: Ken Todd, Chief Administrative Officer yy 21 , ' ;. teStiasle42 .. _t_H 1 . . r 1. ea, F 4 s p _ of • s4\ _ k 4 : _,: ° £ F t _ ,.t t tf 4.1 i A ! < 4 e . rillit'' St k • JILH C .y„ ,.....+tee++ vi x:•. . ,rw • NORTH ", Existing No Parking rip T -2014-16 Restr;cti°n Fourth Avenue Proposed No Parking Restriction lilgarafAllS Parking Review Proposed No Standing_ — - Restriction co r D 0, y CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to designate Lot 10, Registered Plan 59M-340, not be subject to part-lot control. (PLC-2014-001) WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200 to permit the erection of a semi-detached dwelling thereon; AND WHEREAS the owner of the said lands proposes to construct a semi-detached dwelling thereon and to divide the lot into two parcels so that each dwelling unit may be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lot 10 of Registered Plan 59M-340, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014 Second Reading: May 13, 2014 Third Reading: May 13, 2014 S:PART LOT CONTROL\2014\PLC-001\PLC-2014-001 By-law.wpd CITY OF NIAGARA FALLS By-law No. 2014- A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 3 plan of subdivision on the Lands (AM-2013-019). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The Lands shall be identified as six parcels, known as Parcels R1 F-998, R3-999, R4- 1000, OS-1001, DH and EPA. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R1 F-998, the uses permitted in a R1 F zone (b) For Parcel R3-999 (i) an on street townhouse dwelling (ii) accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of By-law No. 79-200 (c) For Parcel R4-1000, the uses permitted in a R4 zone (d) For Parcel 0S-1001, the uses permitted in an OS zone (e) For Parcel DH, the uses permitted in a DH zone (f) For Parcel EPA, the uses permitted in an EPA zone 6. The regulations governing the permitted uses on Parcel R1 F-998 shall be: (a) Minimum lot area 250 square metres (b) Minimum lot frontage (i) for an interior lot 9 metres (ii) for a corner lot 11 metres (c) Minimum front yard depth 3.5 metres -3- (i) Maximum projection of a one or two 1.5 metres storey porch or balcony into a required exterior side yard 0) Maximum height of a building or 12.5 metres structure (k) Maximum storeys 2.5 (I) Maximum lot coverage none (m) Minimum landscaped open space 25% of the lot area (n) Minimum parking requirement 1 parking space for each dwelling unit (o) Maximum driveway width 60% of the lot frontage (p) The balance of regulations specified for a R3 use 8. The regulations governing the permitted uses on Parcel R4-1000 shall be: (a) Minimum lot area 133 square meters for each dwelling unit (b) Maximum lot area 192 square metres for each dwelling unit (c) Maximum storeys 2.5 (d) The balance of regulations specified for a R4 use 9. The regulations governing the permitted uses on Parcel OS-1001 shall be: (a) Minimum lot area 620 square metres (b) Minimum lot frontage 8 metres (c) Minimum yards 0 metres (d) Maximum lot coverage for a structure none (e) The balance of regulations specified for an OS use 10. The regulations governing the permitted uses on Parcel DH shall be the regulations for a DH use. 11 . The regulations governing the permitted uses on Parcel EPA shall be the regulations for an EPA use. 12. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 13. No person shall use the Lands for a use that is not a permitted use. -4- 14. No person shall use the Lands in a manner that is contrary to the regulations. 15. The provisions of this by-law shall be shown on Sheet B6 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from LI to R1 F and numbered 998, in part, R3 and numbered 999, in part, R4 and numbered 1000, in part, OS and numbered 1001, in part, DH, in part, and EPA, in part. 16. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.998 Refer to By-law No. 2014- . 20.1.999 Refer to By-law No. 2014-_ 20.1.1000 Refer to By-law No. 2014- . 20.1.1001 Refer to By-law No. 2014- . Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014 Second Reading: May 13, 2014 Third Reading: May 13, 2014 S:\ZO N I NG W MS\2013\By-laws\Byam019.wpd SCHEDULE 1 TO BY-LAW No. 2014- Subject Land = riffir4 MB III LI H loam / 6C/ -- 0' _. — :Si, z / .G1 O Z .J \ - /m! p - < MULBERRY DR -- 5/l CR _ 1a v T s__ 3284m - A ‘:::)A \ 7'N V AA 970m 04 7m 47 Om AE ( DH 184m r0 v E� . N j z7eam� 081 DH �/7/•////�/,/ // /��, / //� \ VA \\/•/` // / // / �/ /' E \ N 4.3m vVy / / ' R1F. 998' // / i / Av ..•/ )oo_)m \ V , / AA 051 V / / / . • As9 am , .e `. EPA . \` \\‘\\ v \ ` \ v A / AV 1001 'N N \_Aye A.vv Ate. v V V' v 'v v, y ://///1/ / / / / \ V v ' V� / / / 3a.zm/ - �z kx R4 1000u E 2, 999_EaT,j/(` ., }_ »ll „ 76 5m _ BROWN RD 381.2m ._ _ _. - Amending Zoning By-law No. 79-200 Description: 1. Pt Twp Lt 199 Stamford;City of Niagara Falls 2. 59R-14270 Pts 4, 5, 6, 7, 8, Pt Twp Lot 199 Stamford; City of Niagara Falls 3. Pt Twp Lt 185 Stamford; City of Niagara Falls Applicant: 2124487 Ontario Ltd (Robert O'Dell) Assessment #: 272511000205101; 272511000205102 AM-2013-019 K:\GIS_Requests\2013\Schedule\ZoningAM\AM-19\Zoningl.map March 2014 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM-2014-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone 5. The regulations governing the permitted uses shall be: (a) Screening device no close-board type fence or decorative wall is required along the west property line (b) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C3 of Schedule "A"of By-law No. 79-200 by redesignating the Lands from GI to GC and numbered 1002. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.1002 Refer to By-law No. 2014- . SCHEDULE 1 TO BY-LAW No. 2014- Subject Land VA OO PNoO 30.5m S 1:NTS //7/ /2 GC V ST MARYS ST - / 7 3 A 3 1002 z / // 30.5m THOROLD STONE RD Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 73 Stamford As In R0500320; Niagara Falls Applicant: Dr. Anthony Giallonardo Assessment #: 272504000314800 AM-2014-002 K:\GIS_Requests\2014\Schedule\Zoning\002\Zoning.map April 2014 CITY OF NIAGARA FALLS By-law No. 2014- A by-law to declare Part 1 on 59R-15062, Parts1 and 4 on 59R-15063, Part 1 on 59R- 15064 and Parts 1 and 2 on 59R-15069; in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, every municipality and local board shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That part of Lot 1 on Registered Plan No. 318 designated as Part 1 on 59R-15062; part of Township Lot 95 Geographic Township of Stamford, part of Block 1 Registered Plan No. 66 designated as Parts 1 and 4 on 59R-15063; part of Township Lot 95 Geographic Township of Stamford designated as Part 1 on 59R-15064; part of Lot 76 Geographic Township of Stamford and part of Block 10 Registered Plan No. 1002 designated as Parts 1 and 2 on 59R-15069; in the City of Niagara Falls, in the Regional Municipality of Niagara, are hereby declared surplus. Passed this thirteenth day of May, 2014 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014. Second Reading: May 13, 2014. Third Reading: May 13, 2014. CITY OF NIAGARA FALLS By-law No. 2014- A by-law to authorize the execution of an Agreement of Purchase and Sale with The Regional Municipality of Niagara, respecting the conveyance of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between The Corporation of the City of Niagara Falls, as Owner, and The Regional Municipality of Niagara as Region, for the property described as Part 1 on 59R-15062, Parts1 and 4 on 59R-15063, Part 1 on 59R- 15064 and Parts 1 and 2 on 59R-15069, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014. Second Reading: May 13, 2014. Third Reading: May 13, 2014. AGREEMENT OF PURCHASE AND SALE BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the"Owner") -and- THE REGIONAL MUNICIPALITY OF NIAGARA (the"Region") WHEREAS the Owner is the registered owner of the lands legally described as follows: FIRSTLY: Lot 1, Plan 318, except Part 3 on Plan 59R-6854 and Part I on Plan 59R-8529, formerly Town of Niagara Falls, now City of Niagara Falls, Regional Municipality of Niagara and being all of PIN 64332-0002(LT); SECONDLY: Part of Township Lot 95 Stamford as in BB43135, BB44377, RO522435, STI4543, ST17150 & ST4)268 except ST56452, BB76652, AA36369, save and except AA83388; Part of Township Lot 90 Stamford as in ST2236 & ST9972, lying between hydro and Stanley Avenue, except ST16178; T/W RO722269, save and except AA83388; City of Niagara Falls, Regional Municipality of Niagara and being all of PIN 64323-0172 (LT); THIRDLY: Block I Plan 66 Stamford; Part Block 2 Plan 66 Stamford; Part Block 3 Plan 66 Stamford as in ST20333, save&except AA83388; City of Niagara Falls, Regional Municipality of Niagara and being all of PIN 64322-0113 (LT); FOURTHLY: Part of Township Lot 95 Stamford as in BB43135, BB44377, RO522435, ST14543, ST17150 & ST41268 exept ST56452, BB76652, AA36369, save and except AA83388; Part of Township Lot 90 Stamford as in ST2236 & ST9972, lying between hydro and Stanley Avenue, except ST16178; T/W RO722269, save and except AA83388; City of Niagara Falls, Regional Municipality of Niagara and being all of PIN 64323-0172(LT); FIFTHLY: Part of Stamford Township Lot 76 ; Part Lot 20 Plan 284 designated as Parts I & 2 on Plan 59R-15032 ; subject to an easement over Part 2 on Plan 59R-15032 as in LT142090, City of Niagara Falls, Regional Municipality of Niagara and being all of PIN 64269-0565 (LT); (collectively referred to as the"Owner's Lands"); AND WHEREAS the Region proposes to reconstruct Regional Road 102 (Stanley Avenue) including turning lanes, bicycle lanes, improved sightlines, and upgraded traffic light signals (the"Works"); AND WHEREAS the Region requires a portion of the Owner's Lands to facilitate construction of the Works; NOW THEREFORE in consideration of payment of the sum of ONE ($1.00) DOLLAR paid by each of the parties hereto to the other, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. The recitals herein are true and accurate. 2. The Owner hereby agrees to sell and the Region agrees to purchase a portion of the Owner's Lands as follows: FIRSTLY: Part I on Reference Plan 59R-15062 and shown on Schedule A-I; SECONDLY: Part 1 on Reference Plan 59R-15063 and shown on Schedule A-2; THIRDLY: Part 4 on Reference Plan 59R-15063 and shown on Schedule A-3; FOURTHLY: Part I on Reference Plan 59R-15064 and shown on Schedule A-4;and FIFTHLY: Parts 1 and 2 on Reference Plan 59R-15069 and shown on Schedule A-5 (collectively referred to as the "Lands") for a purchase price of TWO DOLLARS ($2.00)(the"Purchase Price"). 3. The Region has prepared and registered at its own expense a reference plan for the Lands. 4. The parties hereto agree that any and all improvements, trees or shrubs within the Lands are included in the Purchase Price. 5. The Owner acknowledges and agrees that the Purchase Price represents full and final compensation and includes, without limitation, compensation for market value of the Lands, injurious affection, disturbance damages, reduction in market value of the remainder of the Owner's Lands and any and all claims that the Owner may make pursuant to the Expropriations Act, R.S.O. 1990, c. E.26 for the Region's purchase of the Lands. 6. This offer shall be irrevocable by the Owner until 4:30 p.m. on May 30, 2014 after which time, if not accepted by the Region,this Agreement shall be null and void. 7. Deposit requirement intentionally left blank 8. The balance of the Purchase Price shall be paid by negotiable cheque, bank draft or wire transfer on the Closing Date, subject to adjustments, if any, provided the title is good and free from all registered restrictions charges, liens and encumbrances, including but not limited to leases, agreements, and notices. 9. Except as otherwise provided in this Agreement, if this transaction is subject to Harmonized Sales Tax imposed by Part IX of the Excise Tax Act, R.S.C. 1985, c. E-15, as amended (the "HST"), then such HST shall be in addition to and not included in the Purchase Price, and the Region hereby covenants to self-assess and remit applicable HST in addition to the Purchase Price in accordance with the provisions of the Excise Tax Act. If this transaction is not subject to HST, the Owner agrees to provide to the Region, on or before the Closing Date, a certificate in a form reasonably satisfactory to the Region certifying that the transaction is not subject to HST. 10. The closing date of this transaction shall be June 19, 2014 or prior thereto if mutually agreed in writing (the"Closing Date"). Vacant possession of the Lands shall be given to the Region on the Closing Date, unless otherwise provided for in this Agreement. 11. The Region shall be allowed until the Closing Date to investigate the title to the Lands at its own expense. If within that time any valid objection to title is made in writing to the Owner and which the Owner is unable to remove and which is not waived by the Region, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be null and void and the deposit paid herein shall be returned to the Region without interest or deduction. 12. The Region shall not call for the production of any title deed, abstract, survey or other evidence of title to the Lands, except as are in the possession or control of the Owner. 13. This transaction will be completed by electronic registration pursuant to Part Ill of the Land Registration Reform Act, R.S.O. 1990, c. L.4, as amended. The Owner and the Region agree to be bound by the Document Registration Agreement which is recommended from time to time by the Law Society of Upper Canada. The Owner and the Region acknowledge and agree that the delivery of documents and the release thereof will: (a) not occur at the same time as the registration of the transfer/deed (and other documents intended to be registered in connection with the completion of this transaction); and (b) be subject to conditions whereby the solicitor(s) receiving documents and/or money will be required to hold them in escrow and not release them except in accordance with the terms of the Document Registration Agreement. 2 14. The Owner covenants and agrees to deliver to the Region, or to whom it may direct, a transfer for the Lands suitable for registration and drawn in the name of"The Regional Municipality of Niagara"to provide it with good title,free and clear from all restrictions, charges, liens and encumbrances including but not limited to leases,agreements, notices. 15. The Owner covenants that it will deliver to the Region on or before the Closing Date, each of the following: (a) vacant possession of the Lands; (b) an executed Transfer/Deed of Land in registerable form duly executed by the Owner in favour of the Region (save for any Land Transfer Tax Affidavit); (c) a Seller's Closing Certificate in the form approved by the members of the Lincoln and Welland County Law Association on September 21, 2004, including an undertaking to re-adjust the statement of adjustments, if necessary, upon written demand; (d) a Declaration of Possession; (e) a current tax certificate; (f) a Certificate of Incumbency, if the Owner is a corporation; (g) a direction regarding the payment of funds; (h) statement of adjustments, which shall be delivered at least two (2) business days prior to the Closing Date;and (i) such other deeds, conveyances and other documents as the Region or its solicitors may reasonably require in order to implement the intent of this Agreement. 16. The Region covenants that it will deliver to the Owner on or before the Closing Date: (a) a cheque or wire transfer for the balance of the purchase price due on the Closing Date; (b) a direction as to title, if necessary; (c) an undertaking to re-adjust the statement of adjustments, if necessary, upon written demand;and (d) H.S.T. Declaration, if applicable. 17. The Owner warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990, c. F.3, as amended, unless the Owner's spouse has executed the consent hereinafter provided. 18. The Owner shall provide on closing any certificates, affidavits, declarations or any other documents required for compliance with the Family Law Act, the Income Tax Act, R.S.C. 1985, as amended, and any other statutes, where such certificates, affidavits, declarations or documents are required to permit the conveyance of the Lands to the Region free of any claim, lien or interest of any person or government. 19. The Region shall be credited towards the Purchase Price with the amount, if any, necessary for the Region to pay to the Minister of National Revenue to satisfy the Region's liability in respect of tax payable by the Owner under the non-residency provisions of the Income Tax Act by reason of this sale. The Region shall not claim such credit if the Owner delivers to the Region, prior to the Closing Date, the prescribed certificate or a statutory declaration that the Owner is not then a non-resident of Canada. 20. Any tender of documents or money hereunder may be made upon either party or their respective solicitors on the Closing Date. Money may be tendered by negotiable cheque or bank draft. 21. The Region will reimburse the Owner for its reasonable legal fees incurred in connection with the Region's acquisition of the Lands, upon receipt of an itemized statement of account. Payment of the Owner's legal fees shall not be a condition of completing this transaction. 3 22. Environmental clause intentionally deleted. 23. The Owner shall provide the Region with all consents or authorizations (written or otherwise) necessary or desirable to enable the Region to obtain information as the Region may consider necessary or advisable in determining the environmental condition of the Lands within three (3) days after the request therefor. The Owner shall further provide the Region with all documents and reports in its control or possession relating to the environmental condition of the Lands within three (3) days after the request therefor. 24. In the event that the Region is not satisfied, in its absolute discretion,with results of any inspection, environmental test, survey, or response to inquiries or if any environmental contaminants are released prior to closing, the Region may, without limiting any other right that the Region may have at its sole option, rescind this Agreement by delivering a notice of termination to the Owner and in such event the Region shall be released from all obligations hereunder. 25. All notices or other communications hereunder shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service, facsimile, or registered mail, return receipt requested, postage prepaid,addressed as follows: On the Owner to: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Solicitor Facsimile: 905-374-3557 On the Region to: The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Attention: Director of Legal and Court Services Facsimile: 905-685-7931 26. The Owner and the Region acknowledge that this Agreement constitutes the entire Agreement between the Owner and the Region and there are no representations, warranties, collateral agreements or conditions affecting this Agreement or the Lands other than as expressed herein in writing. 27. Execution of this Agreement by the Region shall be deemed to grant to the Region, its agents and contractors the right to enter into possession of the Lands and the Region to exercise any and all rights of the Owner as of the date of acceptance and without prejudice to its rights herein or acknowledgement of title. 28. Time shall be in all respects of the essence hereof provided that the time for doing or completing any matter herein may be extended or abridged by an agreement in writing signed by the Owner and the Region or by their respective solicitors who are hereby expressly appointed in this regard. 29. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto, and each of their respective representatives, successors, heirs and assigns. 30. This Agreement may be executed and delivered in any number of separate counter- parts, each of which when executed and delivered is an original but all of which taken together constitutes one and the same instrument. Any party may deliver an executed copy of this Agreement by facsimile transmission. 4 31. All covenants, representations and warranties contained in this Agreement on the part of both the Owner and the Region shall not merge upon the closing of this transaction. 32. Schedules "A" — "The Lands" and Schedule "B" —"Additional Clauses" attached hereto form an integral part of this Agreement. 33. This Agreement, when executed by the Region's authorized signing officer(s), shall constitute a binding agreement. IN WITNESS WHEREOF the Owner has on the day of , 2014 affixed its corporate seal attested by the hands of the duly authorized officer(s). THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: James M. Diodati Title: Mayor Per: Name: Dean lorfida Title: Clerk We have the authority to bind the Corporation. IN WITNESS WHEREOF The Regional Municipality of Niagara has on the day of ,2014 affixed its name under the hand of its duly authorized signing officer. THE REGIONAL MUNICIPALITY OF NIAGARA Pen Name: Ron Tripp, P.Eng. Title: Commissioner of Public Works I have authority to bind the Corporation. 5 SCHEDULE"Al"-THE LANDS .... --- ..... .. ................. 4.44 .. ... °..... cN ".• = ===. I \‘..... I1 •. - i 1 . r . 7.-S C.7.... i r , ii, ,, , i • it..0 /1 I -- 1 1 1\ - , =.0.7.....-mr...a.lat =—•-er=.---•Zzi----x...• ! ,a• : N ...o. Sr...7.Sr....T.S-Pr.=%• R - I 1 1 ."--r 1171.3C`Xli.‘"th:EM:1-•^ L 2 .3. BRIDGE STREET REGIONAL ROAD No 45 IS R---.....--. --...... Z !/ 1 rAkim r-IADW 01 I !fil" cl: II 11 1 I II 9 / I " i SA i 1.1 11 1 b ma 'I -1.411 1 Mt ' 7., 1 .41 ' . I , ELM SIXES -17:1.4:7.1E1-77..--.W 17 li 1 i 1 :CHARD LAROCOLIE LIMITEO I ..,- -...-- MiZr=====t1 M=11:111E93171=0:11 EalITOCCI:11=11 SCHEDULE AT THE LANDS li 1 ili 1111 II IF .I 11% II 1 Pi 114 ii I 111, 1 '11.11dr• 11" OP il 1 filum ' i 0 I kill i Mthillral 41:;1 O.? j AIM -.! 1 0 i i 1 it iii—siiit- iall g a •1'1111! li II I I, 1-. , ro E IT, liaIi iiII Itemnewe i:1 lir ' t\ IL- .„, 1 - -7- m .,.=. ---,7_ .7:7-14 , 1 __,----H- ___ 4. 4 - tr----- 1 lj I , 1 ,2 , 11 i li E I, --as I, 7. It i \ • ; di I Li L! , .1 ki i iiifri i il I ; I cjit 4 11::1111 1 I Well 1 Althtill el. SCHEDULE"A3"-THE LANDS 1411; • II ; t,11 OP iii j /DID -, ;c1'a i 40 I 111 II!' ll to *4 i! i rag II o -..T.' ill i 1, hi:iIl ' ''' t rhl ' commom' 1 ir MEM= I'01 i i• vii 10^. • il,i 1 . ht Au . le Ili[hi sa 1 - - FOREO 1111111 iml" II int II ,mono - 1 I lit Illi P I 1 4 j I .1, ti I • I It 1 i I I Ji 1 1.1 ; i - .1 1 . a i=-7-:---1-.0-- ---------" - * 1—I Alill _ s \ - ------ t 11 • I li • i --I 4. 4 ... -I 1 1 lirir I 1 ---L......■..------ I IP\ ------- 1 1 % 111 ' i I I L 'I ii I i -,0-'a 1 I • 1 11 I II Iii____iii 1114 1 11 1; 1 .111 111 1 I I II 91,1 ill I Idth II!Ii‘iiLL, W iIila i i'. SCHEDULE"A4"-THE LANDS ak @_I Win Q 1 yysavms Vii= °— esv_ III C4'. 53�4]Y+i39Hi1 1'ti I I; °e°o �f FI oo_eo c iii iii I hiv Li 4 \ ! I, _-..) II s I1. 3 1;1 3 8 IL-r_ \` iii ;.. .; i II I I ? + 1 s, 2 i li I a® I ii ani ; N s4iuEus'i c ;; Vi=e= SCHEDULE"AS"-THE LANDS -. tr....,-..... litrabatinur-rimiertr.29. .-...-sat. .2.2`121..ate222 ----• ........-Lc...2-n. -.........---- = La, . . = .-...Ei.--:.•-= .\\ 1 v ■ .-- t II 1 11 d , illiMic i F(. at745.*W. i 1 i CANADIAN I 511 I 51 [Zaffig"51;52NA1"5,.. NATIONAL RAILWAV [ V.V..= ; " 4L II•- _—13 i I 11 PA - II I :I 11 1 I-0— 14ma-roN SLREE7 Fir,Ee.1.37".IFLT:V. 17' 151 ; I RICHARD LtWOCQUE LIMITED anew....nen•camoyas ...own.,............. ICICOS210=0:1 MfENENCE:1=10 CITY OF NIAGARA FALLS By-law No. 2014 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 By-law No. 2002-081 is amended by deleting Schedules "D1" and "D6", and that Schedules "Dl" and "D6" attached hereto shall be inserted in lieu thereof. 2. That By-laws 2013-51 and 20013-147 are hereby repealed. Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014. Second Reading: May 13, 2014. Third Reading: May 13, 2014. SCHEDULE "Dl" FACTORY ONE OUTLET MALL Parking By-law Enforcement Officers on private property: Brandon Cassar Steve Cober Ryan Comeau Enrico Cupiraggi Kristopher Elergodt Nick Galotta Eli Hoffmann Jesse Mallabar Bruce McDonald William McMillan Jose Montoya Curtis Sadloski SCHEDULE "D6" NIAGARA SQUARE SHOPPING CENTRE Parking By-law Enforcement Officers on private property: Catharine Danicki Geoffrey Hood Craig C. Doig Jody Johnston Fraser Elliott Robert Tweedy Victoria Featherstone CITY OF NIAGARA FALLS By-law No. 2014 - A By-law to appoint a Deputy Lottery Licensing Officer, repealing By-law No. 2002 - 040. WHEREAS Order in Council 1413/08 provides that every municipality may issue licenses of lotteries in accordance with government regulation and legislation; and WHEREAS Section 227 of the Municipal Act, 2001 c.25, provides guidelines on roles of officers and employees of a municipality; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That Dana Villeneuve is hereby appointed Deputy Lottery Licensing Officer for the City of Niagara Falls, Ontario, effective the date of the passing of this By-law. 2. That the said Dana Villeneuve shall hold office during the pleasure of the Council and shall exercise all the authority, powers and rights and shall perform all the duties and obligations which by Statute or by-laws are or may be conferred or imposed upon the Deputy Lottery Licensing Officer and any other duties that may be imposed by Council. 3. By-law No. 2002 - 040 passed on the 18th day of February, 2002, is hereby repealed. Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014 Second Reading: May 13, 2014 Third Reading: May 13, 2014 CITY OF NIAGARA FALLS By-law No. 2014- A by-law regulating outdoor swimming pools in the City of Niagara Falls. WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to provide for a system of permits in the regulation of a matter; AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the municipality may pass by-laws related to the health, safety, and wellbeing of the inhabitants of the municipality; AND WHEREAS Section 11(3) of the Municipal Act, 2001 , S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws respecting structures, including fences; AND WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing fees or charges for services provided or done by or on behalf of it; AND WHEREAS the Council of the City of Niagara Falls deems it desirable for the protection of the public to enact a by-law to regulate outdoor swimming pools; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1 .1 .1 This by-law shall be known as the "Swimming Pool By-law". 1.2 DEFINITIONS 1.2.1 For the purpose of this by-law: (1) "Chief Building Official means the Chief Building Official appointed by Council under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, or the person who is appointed to act in that capacity during his or her absence; (2) "City' means The Corporation of the City of Niagara Falls or the geographical area of the municipality, as the context requires; - 2 - (3) "erect" means to conduct any actions involved in the erection, installation, construction, extension or material alteration of a swimming pool enclosure or an outdoor swimming pool; (4) "exterior face" means, when used in conjunction with a swimming pool enclosure, the side of the enclosure from which access to the pool is to be prevented; (5) "ground level' means the highest level of the grade at any point around the exterior of the swimming pool within 1.06m [42"] measured horizontally from the wall of the outdoor swimming pool; (6) "lot" means any parcel of tract of land that can be conveyed without contravening the Planning Act and has frontage on an improved street; (7) "lot line" means any boundary of a lot; (8) "lot line, front' means, in the case of an interior lot, the line dividing the lot from the street; where the lot is a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line and the longer lot line abutting a street shall be deemed to be an exterior side lot line, provided that, where a corner lot has the same dimensions on the two streets upon which it abuts, the lot line abutting the street upon which the building or structure erected or to be erected has its principal entrance shall be deemed to be the front lot line; where the lot is a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; (9) "lot line, rear means the lot line farthest from or opposite to the front lot line; where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the point of intersection; (10) "lot line, side" means a lot line other than a front lot line or a rear lot line; (11) "Officer' means a Municipal By-Law Enforcement Officer, a Building Inspector, a Chief Building Official, or other person appointed or employed by the City for enforcement of by-laws; (12) "Ontario Building Code" means the regulation established through the Building Code Act, 1992, S.O. 1992, c. 23, as amended; (13) "outdoor swimming pool' means any artificial body of water located out of doors, and capable of holding a depth of 305mm [12 in.] of water at any given section but does not include: (a) a pond which is maintained for ornamental purposes only; (b) a pond which is used only for agricultural, horticultural or industrial purposes or is located in an agricultural zone; - 3 - (c) a pond which is used as a reservoir for firefighting; (d) natural occurring streams, lakes, swamps or other natural bodies of water; or (e) an outdoor swimming pool which is subject to the regulations of the Ontario Building Code; (14) "outdoor swimming pool, above ground' means any outdoor swimming pool, other than a seasonal outdoor swimming pool, that has a portion of the pool wall above ground level; (15) "outdoor swimming pool, in ground' means any outdoor swimming pool that is constructed with its pool walls more than 90% below ground level; (16) "outdoor swimming pool, seasonal' means any outdoor swimming pool which is intended to be removed and stored during the winter months and/or when not in use; (17) "owner" means a person or corporation who legally owns or controls the property in question; (18) "permit" means a permit issued by the Chief Building Official certifying approval of plans for the erection of an outdoor swimming pool and/or a swimming pool enclosure required by this by-law; (19) "person" means and includes an individual, firm, corporation, association or partnership and includes an occupant or an owner of a property; (20) "private spa" means a hydro-massage pool containing an artificial body of water that is intended primarily for the therapeutic or recreational use of a single dwelling unit that is not drained, cleaned or refilled before use by each individual and that utilizes hydro-jet circulation, air induction bubbles, current flow or a combination of them over the majority of the pool area, but does not include an outdoor swimming pool; (21) "property' means any grounds, yard or vacant lands; (22) "swimming pool area" means an outdoor swimming pool and includes any surrounding platforms, walkways, play areas and landscaped area within the swimming pool enclosure; (23) "swimming pool enclosure" means a permanent fence, wall or structure or a combination thereof, together with any gates or entrances, which completely surround an outdoor swimming pool; - 4 - (24) "temporary enclosure" means an enclosure used temporarily for the purpose of enclosing an outdoor swimming pool in the course of construction in order to effectively prevent or restrict access thereto by unauthorized persons, and to prevent any accident or injury to any person in or on the property; (25) "yard' means a space, appurtenant to a building or structure, located on the same lot as such building or structure, and which space is open, uncovered and unoccupied from the ground to the sky subject to the specific exceptions contained in the City of Niagara Falls Zoning By-law; (26) "yard, front" means a yard extending across the full width of a lot between the front lot line of such lot and the nearest part of the main building or structure on such lot; (27) "zone" means an area designated by the City of Niagara Falls Zoning By-law, as amended, and established by that by-law for a specific use; and (28) "zone, residential' means a zone in which the use of land, building or structures is for the sleeping or habitation of persons. 1.3 INTERPRETATION 1.3.1 In this by-law statutory references are to Statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated, re-enacted and in force from time to time. 1.3.2 This by-law shall be read with all changes of gender and number required by the context or circumstances. 1.4 APPLICATION 1.4.1 The provisions of this by-law shall regulate the location and enclosure of privately owned outdoor swimming pools and private spas erected on any property within the boundaries of the City of Niagara Falls. 1 .4.2 Notwithstanding article 1.4.1, the provisions of this by-law do not apply to outdoor swimming pools which are owned by a public or government body. 1.4.3 The provisions of this by-law do not in any way exempt an outdoor swimming pool or private spa from complying with any and all applicable Federal or Provincial statutes, and regulation thereunder, or any other municipal or regional by-law, including the requirement for a permit. - 5 - 1.4.4 The provisions of this by-law shall apply equally to all types of outdoor swimming pools, including above ground, in ground and seasonal outdoor swimming pools, unless otherwise stipulated in this by-law. 1.4.5 Save and except section 3 of this by-law, a private spa need not comply with the remaining provisions of this by-law, provided that secure cover or rigid material is placed over the entire opening to the private spa and is locked in place, in order to prevent access by unauthorized persons, when the private spa is not in use or under competent and immediate supervision. SECTION 2 GENERAL PROVISIONS 2.1 PERMITS 2.1 .1 No person shall excavate for, or erect, or cause or permit excavation for, or erection of, any outdoor swimming pool and/or swimming pool enclosure without first obtaining a permit from the Chief Building Official. 2.1.2 An application for permit shall be on forms provided by the City for such purposes and shall include the following information: (1) the location of the property; (2) a plot plan or plot plans of the lot showing the following information: (a) the location of the outdoor swimming pool; (b) the location of the swimming pool enclosure including the location of any gates and/or entrances; (c) the location of any associated outdoor swimming pool equipment such as, but not limited to, pumps, filters and heating equipment; (d) dimensions from the outdoor swimming pool and any associated equipment to all lot lines and all other buildings or structures on the lot; and (e) where the application being made is for the installation of an in ground outdoor swimming pool, in addition to the items identified above, the application shall be accompanied by a Lot Grading Plan bearing the signature and seal of a practicing Engineer, Landscape Architect, Architect or Ontario Land Surveyor, who certifies thereon that the drainage scheme depicted by the plan is designed to ensure that water will not accumulate at or near the building and will not adversely affect adjacent properties. - 6 - (3) a plan or plans illustrating the complete details of the swimming pool enclosure including: (a) type of construction; (b) materials; and (c) height. 2.1.3 The issuance of a permit for any application regarding the erection of any outdoor swimming pool and/or swimming pool enclosure shall be denied if the erection of the outdoor swimming pool and/or swimming pool enclosure would be contrary to the provisions of any by-law of the City of Niagara Falls, or any other applicable law or regulation. 2.1.4 Any deck, structure or accessory building such as, but not limited to, an enclosure for pool equipment, change houses and storage buildings are not regulated by this by-law and shall be subject to any and all applicable municipal or regional by-laws, or any other applicable law. 2.1.5 No permit for an outdoor swimming pool and/or swimming pool enclosure shall be issued unless all applicable fees and applicable deposits, as established by the Council of the City of Niagara Falls, have been paid in full. 2.1.6 Once a permit has been issued for the erection of a seasonal outdoor swimming pool, the initial permit shall be sufficient to satisfy the requirements of article 2.1.1 for each additional erection of the same seasonal swimming pool beyond that of the original erection. The provisions of article 2.2.2, however, remain in effect and shall be satisfied prior to the placing of water for the original installation. 2.2 INSPECTIONS 2.2.1 No person shall place water, or cause or permit water to be placed, in an outdoor swimming pool, unless the final inspection has been successfully conducted and the installation of the swimming pool enclosure is approved by the Officer conducting the inspection. 2.2.2 No person shall place water, or cause or permit water to be placed, in a seasonal outdoor swimming pool, unless the final inspection has been successfully conducted and the location of the seasonal outdoor swimming pool and presence of the required swimming pool enclosure is approved by the Officer conducting the inspection. 2.2.3 The installation inspection required by article 2.2.2 shall be required for the initial erection of the seasonal outdoor swimming pool only. It shall be the responsibility of the owner to ensure that the seasonal outdoor swimming pool is erected in conformance to the applicable requirements of this by-law for all subsequent installations. - 7 - 2.3 PERMIT FEES AND DEPOSITS 2.3.1 Any fee required by or described in this by-law shall be as set out in the Rates and Fees By-law of the City of Niagara Falls, as revised by the Council of the City of Niagara Falls from time to time. 2.3.2 Any security deposit required by or described in this by-law shall be as set out in Schedule A to this by-law. SECTION 3 SWIMMING POOL CONSTRUCTION 3.1 LOCATION OF SWIMMING POOLS AND PRIVATE SPAS IN RESIDENTIAL ZONES 3.1.1 An outdoor swimming pool or private spa shall not be located within any front yard. 3.1 .2 An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining lot. 3.1.3 An outdoor swimming pool shall have no interior wall surface located within: (1) 1.2m [3.9 ft.] of any building or structure, other than a dwelling or a deck, supported on a foundation that projects below ground level; (2) 1.2m [3.9 ft.] of any interior side lot line; (3) 1.2m [3.9 ft.] of any exterior side lot line; and (4) 1.2m [3.9 ft.] of any rear lot line. 3.1 .4 Every person who erects or permits the erection of an outdoor swimming pool shall comply with the requirements of the City by-laws and policies concerning drainage or the grading and/or filling of land including, without limiting the generality of the foregoing, any applicable Master Drainage Plan governing the drainage of the land upon which the outdoor swimming pool is to be located or is being constructed. 3.1.5 A private spa shall not be located within 1.2m [3.9 ft.] of: (1) any interior side lot line; (2) any exterior side lot line; and (3) any rear lot line. - 8 - 3.1.6 All associated equipment related to the outdoor swimming pool or private spa such as, but not limited to, pumps, filters and heating equipment, shall be subject to the provisions of article 3.1.1 and shall not be located within: (1) 1.2m [3.9 ft.] of any interior side lot line; (2) 1.2m [3.9 ft.] of any exterior side lot line; and (3) 1.2m [3.9 ft.] of any rear lot line. 3.2 LOCATION OF SWIMMING POOLS - NON RESIDENTIAL ZONES 3.2.1 An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any adjoining lot. 3.2.2 An outdoor swimming pool shall have no interior wall surface located within: (1) 1.2m [3.9 ft.] of any building or structure, other than the primary building, supported on a foundation that projects below ground level; (2) 1.2m [3.9 ft.] of any front lot line; (3) 1.2m [3.9 ft.] of any interior side lot line; (4) 1.2m [14.76 ft.] of any exterior side lot line; and (5) 1.2m [3.9 ft.] of any rear lot line. 3.2.3 Every person who erects or permits the erection of an outdoor swimming pool shall comply with the requirements of the City by-laws and policies concerning drainage or the grading and/or filling of land including, without limiting the generality of the foregoing, any applicable Master Drainage Plan governing the drainage of the land upon which the outdoor swimming pool is to be located or is being constructed. 3.2.4 All associated equipment related to the outdoor swimming pool or private spa such as, but not limited to, pumps, filters and heating equipment, shall not be located within: (1) 1.2m [3.9 ft.] of any front lot line; (2) 1.2m [3.9 ft.] of any interior side lot line; (3) 1.2m [3.9 ft.] of any exterior side lot line; and (4) 1.2m [3.9 ft.] of any rear lot line. - 9 - 3.3 PLUMBING 3.3.1 Any plumbing connections between the outdoor swimming pool or private spa and any potable water supply shall be equipped with a back flow prevention device. 3.3.2 Overflow or drainage discharge from an outdoor swimming poor or private spa shall be discharged to a storm sewer or natural drainage course. Where a storm sewer or natural drainage course is not available, the outdoor swimming pool shall be drained by mechanical means and transported to a suitable storm sewer outlet or natural drainage course. 3.3.3 At no time is overflow or drainage from an outdoor swimming pool or private spa permitted to discharge onto abutting properties, open lands, City property or into the sanitary sewer. 3.3.4 Outdoor swimming pools or private spas being drained shall not discharge to any storm sewer or natural drainage course at a rate greater than 300 liters [66 gals.] per minute and shall be carried out in accordance with the guidelines or regulations concerning the disposal of outdoor swimming pool water issued by the Ontario Ministry of the Environment. 3.3.5 Where a lot is not serviced by a sanitary sewer, an approval from the authority having jurisdiction for administration and enforcement of section 8 of the Ontario Building Code shall be obtained, prior to the issuance of any permit under subsection 2.1 of this by-law. 3.4 ELECTRICAL 3.4.1 All electrical works conducted in association with the installation of an outdoor swimming pool or private spa shall be installed in accordance with all applicable electrical codes and standards. 3.4.2 Any applicable permits and inspections required as a result of the provisions of article 3.4.1 are the responsibility of the owner. 3.4.3 All lighting fixtures or standards installed in conjunction with the outdoor swimming pool or private spa shall be arranged, designed and installed so that light from them is directed downward and deflected away from any adjacent lots and abutting highways. - 10 - SECTION 4 ENCLOSURE CONSTRUCTION AND MAINTENANCE 4.1 GENERAL ENCLOSURE REQUIREMENTS 4.1 .1 The owner of any lands on which an outdoor swimming pool is located or erected shall erect a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. 4.1.2 The height of a swimming pool enclosure required by this by-law shall be a minimum of 1.07m [42 in.] in height, as measure from ground level at the exterior face of the enclosure. 4.1.3 The maximum permitted space between the bottom of a swimming pool enclosure and the ground level is: (1) 50mm [2 in.] where the ground is primarily turf grass or bare earth; and/or (2) 100mm [4 in.] where the ground is primarily concrete or asphalt. 4.1.4 Every swimming pool enclosure shall be constructed in accordance with subsections 4.2 and 4.3 of this by-law, except as may otherwise be provided in this by-law. 4.1 .5 An above ground outdoor swimming pool may have an integrally constructed structure as a component of the required swimming pool enclosure, provided that the exterior sides of the above ground outdoor swimming pool are a least 1.07m [42 in.] in height, as measured from the ground level to the top of the pool wall or the top of the integrally constructed structure. 4.1.6 All swimming pool enclosures shall be designed and constructed in a manner in which no member, attachment or opening will facilitate climbing. 4.1.7 Notwithstanding the requirements of article 4.1.1, where the outside wall of the outdoor swimming pool has a height of not less than 1.07m [42 in.] measured from ground level at all points on the perimeter of such wall, a swimming pool enclosure shall not be required provided that any steps, ladder or other means of entry to the outdoor swimming pool are protected by a swimming pool enclosure which complies with the requirements contained within the remainder of this section. 4.1.8 The wall of a building may be considered to form a part of a swimming pool enclosure provided that: (1) the wall is at least 1.07m [42 in.] in height, as measured from ground level at the exterior face of the wall; (2) where any window opening, other than a window located in a dwelling unit, occurs within the area of the wall forming part of the swimming - 11 - pool enclosure, such windows are to be kept securely locked when the pool is not under competent and immediate supervision; and (3) where any door providing access directly to a swimming pool area occurs within the area of the wall forming part of the swimming pool enclosure, such door shall satisfy the provisions of subsection 4.3. 4.2 FENCES 4.2.1 A fence which forms a swimming pool enclosure, or a part thereof, shall be of chain link construction, wood construction, wrought iron or metal construction or a material otherwise approved by the Chief Building Official. 4.2.2 A fence of chain link construction shall: (1) be constructed of chain link with a wire size of not less than twelve [12] gauge in thickness when of galvanized steel material, or with a wire size of not less than fourteen [14] gauge in thickness when of vinyl or other approved coated steel material which would form an overall thickness equivalent to twelve [12] gauge galvanized steel wire; (2) have links of diameter of not more than 50mm [2 in]; (3) be supported by capped galvanized steel posts with a minimum 38mm [1.5 in.] diameter, spaced not more than 2.4m [7.9 ft.] apart, and placed at least 0.9m [3 ft.] below ground level; (4) have a top rail of a minimum 32mm [1.25 in.] diameter galvanized steel pipe, securely fastened to the upright galvanized steel posts; and (5) have a bottom support of not less than a nine [9] gauge galvanized steel tension wire securely fastened to the upright galvanized steel posts. 4.2.3 A fence of wood construction shall: (1) be constructed of a minimum 16mm [0.625 in.] thick boards, placed vertically; (2) have: (a) horizontal members, including top and bottom rails, that are spaced at least 0.9m [3 ft.] apart, and vertical boards that are spaced not more than 100mm [4 in] apart on the exterior face of the fence; or (b) horizontal members, including top and bottom rails, that are spaced less than 0.9m [3 ft.] apart, and vertical boards that are spaced not more than 50mm [2 in.] apart on the exterior face of the fence; - 12 - (3) be supported by solid wood posts of at least 89mm x 89mm [3.5 in. x 3.5 in.], or 89mm [3.5 in.] in diameter, spaced not greater than 2.4m [7.9 ft.] apart, and placed at least 0.9m [3 ft.] below ground level; (4) have a top and bottom rail of a minimum size of 38mm x 89mm [1.5 in. x 3.5 in.], where the 89mm [3.5 in.] dimension is in vertical orientation, securely fastened to the solid wood posts; and (5) have all wood, which is in contact with the ground or to be below ground level, of a species resistant to decay by moisture or treated with an approved substance to resist decay. 4.2.4 A fence of wrought iron or metal construction shall: (1) be of sufficient strength to provide an effective swimming pool enclosure; (2) be supported by posts spaced not greater than 2.4m [7.9 ft.] apart, and placed at least 0.9m [3 ft.] below ground level; (3) have: (a) horizontal members, including top and bottom rails, that are spaced at least 0.9m [3 ft.] apart, and vertical members that are spaced not more than 100mm [4 in.] apart, on the exterior face of the fence; or (b) horizontal members, including top and bottom rails, that are spaced less than 0.9m [3 ft.] apart, and vertical members that are spaced not more than 50mm [2 in.] apart, on the exterior face of the fence. 4.2.5 Any fence, or portion thereof, constructed using basket weave or lattice material within the required portion of any swimming pool enclosure shall be deemed not in compliance with the requirements of this by-law. 4.2.6 Any fence constructed as a swimming pool enclosure must also be constructed in accordance with the City of Niagara Falls Fence By-law, as amended. 4.2.7 Any fence which forms a swimming pool enclosure, or part thereof, shall be constructed at a distance of at least 600mm [2 ft.] from the interior wall surface of the outdoor swimming pool, except for an integrally constructed structure which shall be constructed in accordance with article 4.1.5. 4.3 GATES AND ENTRANCES 4.3.1 Every gate or entrance is to be kept closed and locked at all times when the outdoor swimming pool is not under competent and immediate supervision. - 13 - 4.3.2 Every swimming pool enclosure shall allow access to the swimming pool area, other than through a dwelling unit, by means of one or more gates or entrances. 4.3.3 Gates or entrances which form a part of a swimming pool enclosure shall be: (1) of construction and height equivalent to or greater than that of the swimming pool enclosure which it forms a part of; (2) supported on substantial hinges; (3) equipped with self-closing hardware capable of placing the gate or entrance in a latched position; and (4) equipped with self-latching hardware mounted on the pool side of the gate or entrance. 4.3.4 In addition to the provisions of articles 4.3.1, 4.3.2 and 4.3.3, any door providing access directly to a swimming pool area shall be equipped with hardware mounted on either side of the door, at least 1.07m [42 in.] above ground level, which deactivates the use of the door from either the pool side or the exterior face of the door. 4.3.5 Where a double gate forms part of the swimming pool enclosure, one gate shall be capable of being fixed in a closed and locked position. 4.4 TEMPORARY ENCLOSURES 4.4.1 An outdoor swimming pool, while under construction, shall be completely enclosed by a temporary enclosure as defined herein, except where the swimming pool enclosure requirements have been satisfied. 4.4.2 A temporary enclosure shall: (1) consist of a 1 .07m [42 in.] high plastic mesh fence having mesh openings not greater than 50mm [2 in.] and supported by steel T-bar posts located a maximum of 2.4m [7.9 ft.] apart and with a nine [9] gauge galvanized steel wire located at the top and bottom of such fence; or (2) be constructed of material that will provide an equivalent or greater degree of safety referred to in article 4.4.20) above, and which has been approved by the Chief Building Official. - 14 - 4.5 MAINTENANCE 4.5.1 The owner of any lands on which an outdoor swimming pool is located or erected shall maintain a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. 4.5.2 No person shall place water, or cause water to be placed, in an outdoor swimming pool, unless the swimming pool enclosure described by this by-law is maintained in accordance with the provisions of this by-law. 4.5.3 Every swimming pool enclosure, and temporary enclosure, shall be maintained in such a manner and to such an extent as to ensure, at all times, maximum security and protection against entry to the outdoor swimming pool by unauthorized persons. 4.5.4 No person shall keep an outdoor swimming pool or private spa unless it is maintained in good repair and working condition. 4.5.5 No person shall cause or permit an outdoor swimming pool or private spa to contain standing water for a period in excess of three (3) days. SECTION 5 ADMINISTRATION AND ENFORCEMENT 5.1 ENFORCEMENT 5.1.1 The Chief Building Official or an Officer may inspect the property for the purpose of determining whether there is compliance with any provision of this by-law. 5.1.2 Every owner or occupant shall permit the Chief Building Official or an Officer employed by the City, upon production of identification and for the purpose of the inspection by the City, to inspect the property for the purpose of article 5.1.1. 5.1 .3 Where an owner fails to erect or maintain the swimming pool enclosure, including gates and entrances, in accordance with the provisions of this by- law, or causes or permits water to either remain or be placed in an outdoor swimming pool which is not enclosed by a swimming pool enclosure maintained in accordance with this by-law, the Chief Building Official may immediately, at the expense of the owner. (1) erect or repair the swimming pool enclosure in accordance with the provisions of this by-law; or (2) remove all water from the outdoor swimming pool until such time as the required swimming pool enclosure is erected or maintained in accordance with the provisions of this by-law. - 15 - 5.1.4 Where an owner fails to erect or maintain a temporary enclosure in accordance with the provisions of this by-law, the Chief Building Official may immediately, at the expense of the owner, erect or repair the temporary enclosure in accordance with the provisions of this by-law. 5.1.5 The City may recover the expenses incurred in undertaking the work described in articles 5.1.3 and 5.1.4 by action or by adding the costs to the tax roll for the property and collecting them in the same manner as taxes in accordance with Section 446 of the Municipal Act, 2001 , S.O. 2001 , c. 25, as amended. 5.2 NOTICE OF NON-CONFORMITY 5.2.1 An Officer who, upon inspection, finds a condition or conditions that do not conform to the standards as prescribed by this by-law, may issue an Order to the owner and such other persons as he deems appropriate, identifying the non-conforming condition or conditions and directing that the non-conforming condition or conditions be corrected. 5.2.2 An Order as described in article 5.2.1 shall be served upon the owner and any other person to whom the Order is directed. 5.2.3 Service of the Order described in article 5.2.1 upon the owner or other person, shall be by way of personal service or by way of prepaid first class post to the last address known to the City for that owner or person. 5.2.4 An Order as described in article 5.2.1 may be served by posting the Order in a conspicuous place upon the property upon which the instance of non- conformity was found by the inspector. 5.3 PENALTIES 5.3.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to fines as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and as set out in Schedule 'A' to this by-law. 5.3.2 No person shall hinder or obstruct an Officer, appointed under this by-law or employed to enforce this by-law, from carrying out an inspection of the property. 5.4 VALIDITY 5.4.1 Should a court of competent jurisdiction declare a portion or the whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public. - 16 - 5.4.2 Where a provision of this by-law conflicts with the provision of another by-law, Act, or regulation in force with the City of Niagara Falls, the provisions that establish the higher standards to protect the health and safety of persons shall prevail. 5.4.3 Notwithstanding the provisions of article 5.4.2, where a provision of this by- law conflicts with the provision of any other City of Niagara Falls by-law relating to fencing, the provisions of this by-law will prevail as they relate to enclosing outdoor swimming pools, unless otherwise provided. 5.5 TRANSITION RULES 5.5.1 After the date of the passing of this by-law, those by-laws identified under subsection 6.1 shall apply only to those properties in which an application for permit has been submitted prior to the date of passing of this by-law, and then only to such properties until such time as the work permitted under any issued permit for those applications, has been completed. SECTION 6 ENACTMENT AND REPEAL 6.1 BY-LAWS TO BE REPEALED 6.1.1 By-law No. 73-159 of The Corporation of the City of Niagara Falls and any amendments made thereto are hereby repealed. 6.2 DATE OF ENACTMENT 6.2.1 This by-law shall come into force and effect on the day after it is passed. Passed this thirteenth day of May, 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014 Second Reading: May 13, 2014 Third Reading: May 13, 2014 - 17 - `SCHEDULE A' TO BY-LAW 2014-DRAFT A.1 DEPOSITS A.1 .1 A performance / security deposit is collected by the City to provide securities for any potential damage that may occur to municipal property through the course of the permitted outdoor swimming pool installation. Furthermore, the deposit is also held for the assurance that all necessary inspections are completed throughout the duration of the installation and finally to ensure that the permit file can be appropriately closed at the conclusion of the works. A.1.2 An applicant shall be required to submit a performance / security deposit of $750 with each permit application for an In Ground Outdoor Swimming Pool. A.1.3 Performance / security deposits shall not be required for the installation of Seasonal Outdoor Swimming Pools or Above Ground Outdoor Swimming Pools. A.1.4 Forfeiture of the Performance / Security deposit, due to additional administrative or inspection costs, may result when more than five (5) years has lapsed from the date of the last documented inspection. A.2 REFUNDS A.2.1 As the established permit fees are minimum fees based on the review and inspections costs for the administration of the permits, there shall be no available refund of permit fees. A.2.2 The deposits identified above shall be held as security by the City until the work for which the permit has been issued has been completed in accordance with the stipulated requirements of the permit to the satisfaction of the Chief Building Official. The applicant shall be responsible for any damage to municipal property or any restriction and associated costs of any such damage or repair may be deducted by the City in addition to any other available remedy or penalty. A.2.3 Should the cost of repairs exceed the value of the deposit held, the City shall invoice the applicant for the amount in excess of the deposit, and if such invoice is not paid by the stipulated due date, the City may recover the costs by action or by adding the costs to the tax roll of the property to which the permit relates, and collecting them in the same manner as taxes according to Section s.1 (2.1) of the Municipal Act. A.2.4 Should the deposit not be required to be called upon during the duration of the project, they will be released as follows upon successful completion of the project in accordance with the approved permit documents which results in a closure of such permit file. 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 `h 13 day of May, 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 13th day of May, 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 thirteenth day of May 2014. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 13, 2014 Second Reading: May 13, 2014 Third Reading: May 13, 2014