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02/10/2015
ADDITIONS TO COUNCIL, TUESDAY, FEBRUARY 10, 2015 REPORTS 6740 Marshall Road 1. Lawyers for both parties have requested deferral. TS-2015-04 - Caledonia Street - Speed Control Review 1. Notice of Meeting letter. COMMUNICATIONS 1. Revised memo re: Cold Weather Alert/Homelessness Dean Iorfida From: Dean Iorfida Sent: Friday, February 06, 2015 4:22 PM To: Rocky Vacca Cc: Ken Beaman; Eric Gillespie Subject: Re: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item - Council Meeting Feb. 10, 2015 Attachments: image001.png Judging by this email, I assume all parties are in agreement. As such, I will advise Council that the matter is being deferred. Thanks Dean Sent from my iPhone On Feb 6, 2015, at 4:17 PM, "Rocky Vacca" <rvacca@sullivan-mahoney.com>wrote: Dean, I assume the item has been lifted from Tuesday's agenda? I have been asked to confirm same in writing. Regards, Rocco "Rocky"Vacca Partner SULLIVAN MAHONEY LLP 4781 Portage Road Niagara Falls, Ontario L2E 6B1 Direct Dial: (905) 357-5863 Facsimile: (905) 357-0501 <image00 1.png> This communication is intended only for the named recipient(s)and is private,confidential and privileged.Any unauthorized use or disclosure of this communication is prohibited. If you receive this communication in error, please notify the sender immediately by return mail, by telephone at(905)688-6655 or by contacting lawyers@sullivan-mahoney.corn and immediately deleting the communication from any computer.Thank you From: Dean Iorfida [mailto:diorfida@niagarafalls.ca] Sent: Friday, February 06, 2015 1:32 PM To: Ken Beaman Cc: Eric Gillespie; Rocky Vacca Subject: Re: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item - Council Meeting Feb. 10, 2015 I echo Ken's comments. The likely result of Tuesday's proceedings would be that the matter be referred to staff to facilitate meetings between the parties,which is the proposed course of action outlined. Keep me posted. Thanks Dean Sent from my iPhone On Feb 6, 2015, at 12:36 PM, "Ken Beaman" <kbeaman@niagarafalls.ca>wrote: Hello Mr. Gillespie: As I indicated to Mr. Flett yesterday, the Council of the City of Niagara Falls has historically shown little interest in litigation and much preference for settlement. I do not anticipate that the facts of this case will give rise to any exception to past behavior.At this time,the council's express instructions are to withhold approvals pending the opportunity for counsel to address council. If you are able to negotiate a reasonable Ken Beaman City Solicitor Legal Services City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4242 Fax 905-371-2892 kbeaman@niagarafalls.ca arrangement that is acceptable to your clients, I would be very surprised indeed if council did not find it acceptable. From: Eric Gillespie [mailto:egillesgegillespielaw,ca] Sent: Friday, February 06, 2015 12:23 PM To: Rocky Vacca (rvacca@sullivanm ahoney.com); Ken Beaman Cc: Dean Iorfida Subject: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item - Council Meeting Feb. 10, 2015 Dear Counsel, We are writing today on behalf of our client Mr.Joe Pirosko and his family regarding the above-noted matter. Further to the discussion between Mr. Beaman and Mr. Flett of our office yesterday in Toronto, and the subsequent telephone call this morning between myself and Mr. Vacca, we have now had the opportunity to obtain instructions. Our clients would be agreeable to have the current agenda item scheduled for this Tuesday, Feb. 10`h 2015 further deferred on the following basis: 1. Our client's expert(s) and LKQ's agree to meet as soon as reasonably possible to allow for a technical discussion of all issues. The parties will make best efforts to facilitate this. 2 2. An invitation will be extended to the Hilton family to participate in these discussions. 3. The parties and the City will agree that no approvals will be sought or granted from or by the City while these discussions are ongoing. In light of the fact that the Council meeting is early next week, we would respectfully request a written response to this communication at your earliest convenience to allow the parties to know if they,their supporters, legal counsel and expert(s) should continue to plan to attend. Thanking you in advance for your assistance with these matters. Eric Gillespie <image001.jpg> Eric K. Gillespie Professional Corporation 10 King St East Suite 600 Toronto Ontario M5C 1C3 Tel: (416)703-6362 Fax: ( 416)703-9111 Email: egillespie@gillespielaw.ca 3 NIAGARA FALLS CITY COUNCIL MEETING Caledonia Street — Speed Control Review Be advised that a Council meeting has been scheduled to be held: Tuesday, February 10, 2015 7:00 p.m. City Hall — Council Chambers — Second Floor The attached report TS-2015-04 Caledonia Street— Speed Control Review will be discussed. Please be advised that the report is recommending additional pavement markings, signs, police enforcement and to review traffic conditions after implementation of the aforementioned measures. This recommendation may be modified pending input from Council and residents. If you feel strongly, either for or against the recommendation in the report, your attendance is important. If you wish to speak to the matter at the meeting you must contact Dean Iorfida prior to 4:30 p.m. on Tuesday February 10, 2015: Dean Iorfida, City Clerk diorfida@niagarafal ls.ca 905-356-7521, ext. 4271 905-356-9083 (fax) Sincerely, Karl Dren, C.E.T. Director of Transportation Services Working Together to Serve Our Community Transportation Services Ext 4509 Fax 905-356-5576 kdren@niagarafalls.ca CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: February 10, 2015 Re: Cold Weather Alert/ Homelessness At the January 27th Council meeting, Council passed a motion for staff to report back on warming centres for the homeless during extreme cold alerts. The issues of weather alerts and homelessness are handled through the Regional Municipality of Niagara. As a result, Staff has prepared the following memo in FAQ format based on information we have received from the Region. Additional information was gleaned from a related recent article in the Niagara Falls Review. Who issues Cold Weather Warnings? The Region's Medical Officer of Health declares an extreme cold weather alert. What is entailed in a cold weather alert? The alert mobilizes community agencies and outreach workers. Community Agency Responses during Extreme Cold Weather Alerts include: • extra supplies of warm clothing including mitts ,hats hand warmers, scarves etc, extra food if required , people are allowed to remain at agencies longer, and are encouraged to connect with shelters. Clients are advised of the concerns of being outside for any length of time. These agencies do not stay open later than regular business hours. • Youth Shelters will allow entry to anyone seeking shelter; no walk-ins will be refused. They may not be offered a place to sleep but they can come in and stay warm and will be offered water. No Youth will be discharged unless to another shelter or another safe place. If the individual is not a youth, transportation to an appropriate shelter will be arranged. If for safety reasons a discharge is required, 911 will be called. • Adult Shelters will provide extra sleeping spaces with cots/couches as allowed by available space and Fire Code. Entry restrictions are eased or lifted and if safety issues arise NRP will be called to remove an individual from a shelter. EMS is called in cases of illness. • NRP, Fire and EMS are advised to extra vigilant in spotting homeless persons in their communities. A Great City ... For Generations To Come Who is in charge of shelters or warming centres? Niagara Region is the service system manager for homelessness services. It does not directly operate services, but rather contracts with community agencies to provide homelessness services — such as emergency homelessness shelters. The Region does not contract for warming centres as a separate type of service. Homelessness services such as hostels, Out of the Cold and drop-in centres enhance their operations when extreme cold weather alerts are called. Who would a member of the public contact regarding warming centres or shelters? The public is encouraged to call 2-1-1, which is the phone number which refers people to programs and services available in the community. 2-1-1 will refer the individual to the closest centre. Are there emergency shelters in Niagara Falls? The YWCA offers emergency lodging for single women and single women with children in Niagara Falls. The Boys & Girls Club has shelter service for youth. Unfortunately, the closest centre for men or two parent families is in St. Catharines. How would an individual get to a shelter in St. Catharines? Community organizations such as the Salvation Army and the Out of the Cold program on St. Lawrence Avenue, will help arrange for transportation. Are there statistics on shelter usage/demand in Niagara Falls? Cathy Cousins, Director Homelessness Services and Community Engagement at Niagara Region, reports the following: In 2014, the shelter system supported 327 unique households, of which 92% were singles and 60% were female. In 2014, the outreach services, including mobile outreach and food truck served 54 unique households, of which 78% were singles and 57% were female. Approximately 90 meals are served daily at lunch and again at dinner at the Out of the Cold meal program. Based on our experience and conversations with the program staff, the split is about 50/50 between homelessness individuals and working poor that attend the meal programs. There are many other programs that the Region does not operate or support financially for which we do not have statistics. A Great City ... For Generations To Come Is there any possibility of a shelter for men in Niagara Falls? Previous calls for applications for grants have been put out by the Region. A men's shelter in Niagara Falls is dependent on an appropriate physical facility, funding to operate it, and an organization willing to operate such a service. A group of organizations has been working on creating an emergency homelessness shelter to address unmet needs for many years, including representation through City Hall. The challenge has been raising capital and finding a service provider, and with the consolidation of homelessness funding by the provincial government effective January 1, 2013, the newest challenge is lack of operating dollars. Most recently the YWCA has stepped up to help lead a proposal for establishment of a shelter in Niagara Falls to serve families and men. For more information about the proposal, see the group's presentation to the Region's Public Health and Social Services Committee meeting on Dec.3/13 http://www.niagararegion.ca/council/Council%20Documents/Update%20on%20the%20 Niagara%20Falls%20Veterans%20and%20Community%20Shelter.pdf The group was advised that an RFP would be issued early in 2014, and they submitted a proposal for funding of operating costs. The proposal was viewed positively, but was not awarded a contract due to insufficient Regional funding being available (see page 10: http://www.niagararegion.ca/council/Council%20Documents/COM%2011-2014.pdf). Even if it had been successful, capital funding and establishing a location remain a challenge. Last fall, the Region received some unexpected, one time, time limited funding from the provincial government for homelessness services. YWCA received funding until March 31, 2014 to establish a pilot project for men's shelter services in Niagara Falls. Is Niagara Falls appropriately served by services for the homeless? It would appear that there are services available, most notably the Out of the Cold program. There is a gap with regard to local shelter services for men and two parent families with City of Niagara Falls. What more can be done, especially at the lower-tier municipal level? Community Services at the Region and the community organizations quoted in the Niagara Falls Review have encouraged more public information. City staff can work with the Region's Community Services staff to post appropriate information on our website. Although the homeless would not have internet access, the more residents and business people are aware of the process and services, the greater likelihood of individuals being directed properly to the right resources. Also, the more open dialogue, the less stigma associated with the issues of homelessness. A Great City ... For Generations To Come * ''� OR , CLICK HERE NEWS LOCAL Extreme cold weather alert issued for Niagara Niagara Falls Review Friday, January 30, 2015 11:55:49 EST AM -. 6 'i' 4 ',a rr ,-v �3 qSi ✓ '.,,:-, ., A&.; t—i'..,:-,: 1,14° ^*�* `s. .it , 2, . ,{ yW v 3 � t , y+ > x li. 4 iir 6 'T-.""'?;.+;fir 4 +a :s d 1 : ‘**4:c*". a ' s (. 1 � � z k��Y �.. tL.r.. ' 7 , , ,,. Lt,.,„„i_ . t -, , ,. ... ... .40k: _4. _ - i .__ ,. ,.._,„::,;:;;,,,.„_,:::„......,, ..- ---, - , - i „...‘,....,_. ,....... -, •, - -=. . --i- .v----- , - -- -. '----- , _f.',..,,,:s.. ',;., t 4 1 ,.1., _ t 1 ---- i i , I.I , „,.,,,,,,, ' i , 4 1, !,.:_:, ; 1.17:1 , 4t.44.'''''.—:1!" - .SMI"* M „ s , I . w"--','../,':'„",X*,!;',,,,..."..- . An extreme cold weather alert has been issued by Niagara Region Public Health as temperatures are expected to drop below 15C. Temperatures are expected to moderate by noon Saturday.which is when cold alert is expected to be lifted. The alert is intended to mobilize outreach workers and community agencies, recommend precautions for the general public during such weather, and offer information on the location of shelters and additional resources. During extreme cold, those most at risk include: infants under one year of age, people 65 years of age or older. the homeless. outdoor workers, sport enthusiasts, people living in homes that are poorly insulated or without heat, and people living in homes without power(usually due to other weather-related events such as a winter storm). 2/6/2015 Extreme Cold Weather Alerts-Niagara Region,Ontario Niagara Region Extreme Cold Weather Alert Feb. 5 - An extreme cold weather alert is in effect for the Niagara region. Residents are Reminded to Protect their Health • Stay in heated buildings as much as possible • Dress appropriately and cover exposed skin - Wear gloves, mittens and a scarf to protect the chin, lips, and cheek. Exposed skin can become frostbitten in 30 seconds • Wear a Hat - Up to 40 per cent of body heat loss can occur through the head • The Canadian Paediatric Society recommends keeping children indoors if the temperature falls below -25 C, or if the wind chill is -28 C or greater • Drink warm fluids but avoid caffeinated or alcoholised beverages, as they cause your body to lose heat more rapidly. • Wear clothes in layers: inner layer, middle layer, and outer layer • Keep moving. Limit time sitting - stand up and move around • Take shelter from the wind - this can reduce wind chill exposure • Use caution when shovelling snow, especially for those that have heart, respiratory (breathing) problems or other medical conditions. Snow shovelling is strenuous and can cause an onset of heart or respiratory problems. • Check on neighbours who may be at risk Health Risks of Extreme Cold The following groups are at risk during a cold weather alert: • Infants (under 1 year) • People 65 years of age or older • People without permanent shelter • Outdoor workers • Sport enthusiasts (skiers, ice skaters) • People living in homes that are poorly insulated or without heat • People living in homes without power Know Symptoms and When to Get Help • Hypothermia Symptoms/signs include: shivering, exhaustion, confusion, fumbling/uncoordinated movements, memory loss, slurred speech, drowsiness • Frostbite Symptoms/signs include white/grayish skin area, skin that feels unusually firm or waxy or numbness Consult a healthcare provider if you experience any of the above symptoms. Extreme Cold Weather Criteria • Temperatures fall below -15 C • When weather conditions are severe enough to warrant alerting the community to the risks involved with prolonged exposure to the outdoors (blizzard, wind chill warning) Historical Data for Cold Weather Alerts 2015 2014 2013 2012 2011 2010 2009 2008 http://www.ni agararegion.ca/1 ivi ng/health_wel I ness/inspection/col d-weather-al ert.as px?topi c=1 1/3 2/6/2015 Extreme Cold Weather Alerts-Niagara Region,Ontario Alerts 5 63 1 3 3 28 13 10 16 9 4 3 Days - More details Start End Days 2015 Jan. 5, 2015 Jan. 9, 2015 5 Jan. 14, 2015 Jan. 15, 2015 2 Jan. 30, 2015 Jan. 31, 2015 2 Feb. 2, 2015 Feb. 3, 2015 2 Feb. 5, 2015 Currently in effect 2 2014 Jan. 2, 2014 Jan. 3, 2014 2 Jan. 6, 2014 Jan. 8, 2014 3 Jan. 20, 2014 Jan. 30, 2014 11 Feb. 6, 2014 Feb. 13, 2014 8 Feb. 27, 2014 Feb. 28, 2014 2 March 3, 2014 March 4, 2014 2 2013 Jan. 22, 2013 Jan. 25, 2013 4 2012 Jan. 3, 2012 Jan. 4, 2012 2 2011 Jan. 21, 2011 Jan. 25, 2011 5 Feb. 9, 2011 Feb. 11, 2011 3 Feb. 14, 2011 Feb. 15, 2011 2 2010 Dec. 13, 2010 Dec. 15, 2010 3 2009 Jan. 13, 2009 Jan. 19, 2009 7 http://www.ni agararegion.ca/1 ivi ng/health_wel I ness/inspection/cold-weather-al ert.aspx?topic=1 2/3 2/6/2015 Extreme Cold Weather Alerts-Niagara Region,Ontario Jan. 23, 2009 Jan. 27, 2009 5 Feb. 3, 2009 Feb. 6, 2009 4 2008 Dec. 30, 2007 Jan. 2, 2008 4 Feb. 20, 2008 Feb. 21, 2008 2 Feb. 27, 2008 Feb. 29, 2008 3 For more information call 905-688-8248 ext. 7269, or toll free at 1-888-505-6074. © 2015 Niagara Region http://www.ni agararegion.ca/living/health_wel I ness/inspection/col d-weather-al ert.aspx?topic=1 3/3