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2015/03/10 Schedule for March 10, 2015 5:00 Council Meeting Council Chambers NiagaraJa1ls C\ NAD :\ COUNCIL MEETING March 10, 2015 PRAYER/INVOCATION: Councillor Pietrangelo ADOPTION OF MINUTES: Council Minutes of February 24,2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time * * * * * PRESENTATIONS 5:00 P.M. School Area Safety Presentation Representatives from the City's Transportation Services department will make a presentation on school area safety. BUDGET MATTERS The Director of Finance will do an introductory presentation on the 2015 capital budget. -AND- Request from the Chippawa Lions re: tennis courts APPOINTMENT MATTERS CD-2015-05 - Citizen Appointments - 2 - * * * * * PRESENTATIONS/DEPUTATIONS 6:30 P.M. Niagara Poverty Reduction Network Carol Stewart-Kirkby will make a presentation on the work of the Niagara Poverty Reduction Network (NPRN). Niagara Community Outreach Kitchen Chris Watling of the Niagara Community Outreach Kitchen will address Council on the work of the kitchen and some upcoming projects and events. A.N. Myer Girls Curling The A.N. Myer Girls Curling Team will be recognized for their recent Provincial Championships. * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting 7cT ii oniA (Irv) 4 AKA .1/14A nen LV I - I I-LV I'7-VVL tX P11V1-LV IY-V I V Warren Woods Estates Phase 4 Stage 1 Draft Plan of Subdivision and Zoning By-law Amendment Application, 7983-8003 Montrose Road Owner: 1340258 Ontario Inc. (Robert O'Dell - Managing Partner) Agent: Upper Canada Consulting (Jennifer Vida) Background Material: Recommendation Report: PBD-2015-11 -AND- Correspondence from Cytec * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * - 3 - COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Al and Sherry Dobbin - requesting a donation in association with their Autism Awareness event on April 12th. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: the City Clerk will advise of any items for council consideration. 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-2015-04 - Closed Meeting Complaints - Ombudsman's Reports PBD-2015-10 DB-2015-001 Deeming By-law Application, Block 15, except Part 1, Plan 59R-9866 and Block 27, except Part 1, Plan 59R-9866 and Applicant: Perry and Christine Little TS-2015-05 - Jepson Street - Parking Review TS-2015-06 - Emery Street - Parking Review TS-2015-07 - Royal Manor Drive at Strathmore Crescent - Intersection Control Review TS-2015-08 - Snow Clearing Protocol - Transit Stops * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2015-26 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of March, 2015. * * * * * NEW BUSINESS Dean Iorfida From: Dean Iorfida Sent: Tuesday, January 06, 2015 12:13 PM To: Garth Hutcheon Cc: Rick Smith; Greg Sims; Subject: Re: Presentation to council re tennis courts,Chippawa Lions park Hi Garth: I'll be in touch when we finalize our schedule related to the budget. May be February. Thanks Dean Sent from my iPhone On Jan 6, 2015, at 11:58 AM, "Garth Hutcheon" <> wrote: Dean lorfida, City clerk, City of Niagara Falls, ON. Dear Mr. lorfida, I am a member of the Chippawa Lions club and oversee the maintenance of the Lions park as part of a Fee for Service agreement with the city. At a forthcoming meeting of city council I wish to make a presentation to council re a budget item —the resurfacing of the tennis courts in the park. This presentation will be brief— about five minutes. Could you arrange for this and get back to me with the details? Sincerely, Garth Hutcheon 1 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2015-05 Citizen Appointments RECOMMENDATION That Council vote on the volunteers for various advisory committees, boards and commissions EXECUTIVE SUMMARY As per the beginning of each new Council term, selections are made for volunteers on various advisory committees and boards. The votes take place by ballot, for ease of use; however, the ballot is identified by voter and open for public scrutiny. At the next Council meeting, the formal appointments by-law will be brought forward for approval; however, this does not prevent the new appointments from taking effect after approval at the March 10th Council meeting. BACKGROUND Subsequent to Council's decision to not amalgamate the Arts & Culture and Museum Advisory committees (cf. R&C 2015-01), staff advertised for citizen volunteers for various advisory committees and boards to Council. Advertisements were placed in the Niagara Falls Review and communicated through the City's social media platforms and related communication pieces. A fillable application blank was available through City's website, with hard copies available at the Clerks Office. Applications were open until the close of business hours on Friday, February 20th. Council members were provided with a consolidated book of volunteer applications at their February 24th meeting. ANALYSIS/RATIONALE The Municipal Act states the following: Except as provided in section 233, no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. CD-2015-05 March 10, 2015 With the multiplicity of candidates and committees, it would be impractical and time consuming to do a hand vote or viva voce (voice) vote; therefore, as has been done the last two Council terms, staff has created pre-assigned ballots, bearing the Council member's name, that will be distributed to Council members. Members will vote by ballot and a tally ‘nrill be /lone A motion duly seconded appointing tbo ci irreecfi it ballot and a Luny YYIII 1JL done. r' motion, uuIy . flStJU Iuvu, LA J+ JIIILIIIy candidates will be made after the tally has been done and any ties have been resolved. The ballots will be kept by the Clerk in the Council meeting file and available for examination. The voting process is efficient, expedient, and meets the requirements of the Municipal Act. The Ombudsman's Office endorsed the Council's voting process as open and transparent and it has been adopted by other municipalities. In some instances, there may be one applicant more than the number of positions required as per the committee or board's terms of reference. Council can vote eliminating one volunteer or they can make a motion to approve all of the candidates. Also, as per past practice and the General Terms of Reference for Advisory Committees, adopted in 2011, those not selected will remain on a "runner-up" list for consideration if any vacancies occur during the term. CITY'S STRATEGIC COMMITMENT Organizational Efficiency & Effectiveness in ensuring that governance structures are appropriate. LIST OF ATTACHMENTS Applicants for appointments. , - Recommended by: D an lorfida, rty 'lerAk 1 Respectfully submitted: Ken Todd, Chief Administrative Officer MUSEUMS ADVISORY COMMITTEE ELECTING 7 MEMBERS Priscilla Brett Tony Caruso Dino Fazio * Brent Goodwin John M. Harkness * Margaret Mingle * Dianne Munro Gordon West * *Incumbents NIAGARA DISTRICT AIRPORT COMMISSION ELECTING 2 MEMBERS Ernie Amadio * Tony Caruso James Detenbeck John B. Lelievre Lori Lococo John Ventresca * Vittoria Wikston *Incumbents NIAGARA FALLS LIBRARY BOARD ELECTING 8 MEMBERS Anne Andres-Jones * John Anstruther Tony Caruso Damian (Frank) Franze * Barbara Ness * Brad Peters * Eric Sheridan * John Stamp Qingyi (Ken) Su *Incumbents PARK IN THE CITY COMMITTEE ELECTING UP TO 12 MEMBERS John Anstruther* Corey Barkman * Tony Caruso Frank Fohr* Audrey Fraser* Kenneth Groves Ziad Hajifazul Janet Hassall * Brenda Hicks Paisley Janvary-Pool * Elizabeth Lockhart Manker * Michal Lukac Patricia Mascarin * Curtis Thompson *Incumbents PROPERTY STANDARDS COMMITTEE ELECTING 4 MEMBERS John Anstruther* John Beam Tony Caruso Frank De Luca Nemanja Kuntos Anna Lee * Michael Mitchell Anton Nielsen John Stamp *Incumbents RECREATION COMMITTEE ELECTING UP TO 12 MEMBERS Neil Alderton Geoff Allen Michael Audibert Bonnie Brady Tony Caruso Chris Dabrowski Enzo DellaMarca * Rob Desson Lucy Di Nunzio Shawn George Ziad Hajifazul Paisley Janvary-Pool * Gary Krause * Anna Lee Donna Mills Toni Pratt Laurie Primeau * Vito Scaringi * John Stamp `Incumbents ARTS & CULTURE COMMITTEE ELECTING UP TO 12 MEMBERS Willie Anicic Sheri Armstrong * Debra Attenbourough * Linda Babb Christian Bell Clarke Bitter Pricilla Brett * Tony Caruso Nathan Chamberland Laurie Crain-Anez * Carol Downey Karen Fraser* Jordan Fry * Dave Gilbert Jennifer Gruhl Angela Heppner* Nemanja Kuntos Lori Lococo Daniel Manchego-Badiola * Philomena McCracken * Anita Menotti Rich Merlino Laura Moffat * Dianne Munro Jessie Richard Colleen Scott John Stamp Jeannette Tossounian Charles Vandersluys "Incumbents COMMITTEE OF ADJUSTMENT ELECTING 5 MEMBERS Paul Campigotto * Tony Caruso Peter Colosimo Melville W. Dove Damian (Frank) Franze Roderick Glaves Zian Hajifazul Joseph Mrozek * Lou Stranges * Curtis Thompson John Warren *Incumbents MUNICIPAL HERITAGE COMMITTEE ELECTING 8 MEMBERS Paula Berketo Gary B. Burke * Aaron Butler* Laurel Campbell * Tony Caruso Theresa Felicetti John Garrett* Shelley Glica Len Inkster* Margaret Mingle * *Incumbents Dean Iorfida From: Niagara Poverty Reduction Network <info@wipeoutpoverty.ca> Sent: Friday, February 13, 2015 11:32 AM To: Dean Iorfida Subject: Request to Appear as a Delegate - Niagara Falls City Council - March 10, 2015 Attachments: Request to Appear as a Delegate - City of Niagara Falls Council - March 10, 2015.pdf Dear Mayor Jim Diodati and Council, The Niagara Poverty Reduction Network (NPRN) member, Carol Stewart-Kirkby requests an opportunity to present to council on March 10th, 2015 to highlight our work and identify how we can work together to end poverty. NPRN's vision of"All Niagara residents live above the poverty line." is supported through our mission that encourages, "Private, voluntary and public sectors working together to improve the quality of life in Niagara." NPRN established three goals to direct its work. They are: 1. Dispel myths about living in poverty 2. Improve collaboration and actions in poverty reduction efforts by all stakeholders 3. Engage and include all individuals in the community. NPRN plans to increase awareness and engage all municipal councils through presenting across the region. Sincerely, Natalie Chaumont Secretariat, Niagara Poverty Reduction Network c/o United Way Niagara Falls and Greater Fort Erie 7150 Montrose Road, Niagara Falls, ON L2II 3N3 Phone: 905-354-9342 February 13, 2015 • Mayor Diodati and Council 4` City of Niagara Falls 4310 Queen Street Niagara Falls, ON o4, L2E 6X5 Q Dear Mayor Jim Diodati and Council, The Niagara Poverty Reduction Network (NPRN) member, Carol Stewart-Kirkby requests an opportunity to present to council on March 10th, 2015 to highlight our work and identify how we can work together to end poverty. NPRN's vision of"All Niagara residents live above the poverty line." is supported through our mission that encourages, "Private, voluntary and public sectors working together to improve the quality of life in Niagara." NPRN established three goals to direct its work. They are: 1. Dispel myths about living in poverty 2. Improve collaboration and actions in poverty reduction efforts by all stakeholders 3. Engage and include all individuals in the community. NPRN plans to increase awareness and engage all municipal councils through presenting across the region. Sincerely, 47czede Chacuno,r Natalie Chaumont Secretariat, Niagara Poverty Reduction Network Niagara Poverty Reduction Network c/o The United Way of Niagara Falls and Greater Fort Erie 7150 Montrose Road, Niagara Falls, ON L2H 3N3 Phone: 905-354-9342 Email: info@wipeoutpoverty.ca 03/04/2015 The Niagara Poverty Reduction Network Strengthening Ties with Niagara's Municipalities to Find Solutions to Poverty pE 11 t The Picture of Poverty in Niagara 2013 Statistics in Niagara loS 01 525 1 11 035 shelter bed nights people are . .. are occupied each waiting for affordable year housing 13(/ who access food 0 34°/a 29% 37/ banks are 0 • O childrenII # IN by Single adults are occupied Families &couples Seniors children 1 03/04/2015 Niagara Poverty Reduction Network (NPRN) • The Niagara Poverty Reduction Network (NPRN) is a group of over 30 social and health agencies, educators, business and government representatives, faith communities and individuals. • NPRN is working collectively to wipe out poverty in Niagara through information sharing, changing attitudes, and compelling Niagara citizens to get involved and take action. W NPRN Structure ka 4 0 Coordinating Niagara Poverty Reduction Convener Working Secretariat Network Tables •,j J k-2 it-_ t ert2 03/04/2015 NPRN Activities and Initiatives • Network Public Launch - May 2013 • What We Know About Poverty presentation, fact sheets, and infographic • Speakers Bureau • Branding • Website - www.wipeoutpoverty.ca • Social Media - Facebook page: Niagara Poverty Reduction Network; Twitter handle: @wipeoutpoverty 110 NPRN Activities and Initiatives • Opinion Editorials, News Articles, Letters to the Editor • Niagara Connects Blogs and Articles • Consultations on the Ontario Poverty Reduction Strategy • Chew on This cross-Canada campaign • Transportation policy position paper and municipal candidate survey • Municipal/Regional government roles in addressing poverty document '1101r/ 3 03/04/2015 Working With Niagara's Municipal and Regional Governments • Municipal and Regional governments have many important roles to play in addressing poverty and to create prosperity for all • The Niagara Poverty Reduction Network wants to work with you to ensure we have a clear direction on what we need to do to wipe out poverty in Niagara • We invite you to revisit our document— Creating Shared Prosperity and Leading By Example: Roles Municipal and Regional Government Can Play to Contribute to Poverty Reduction— and we look forward to strengthening ties with you. ww • Visit our website: www.wipeoutpoverty.ca 7t\t 4 Dean Iorfida From: Christina Watling <> Sent: Sunday, March 01, 2015 8:13 PM To: Dean Iorfida Cc: rschmid7 Subject: re community kitchen appearing beforecouncil As fund raiser and board member of the Niagara Falls Community Outreach Kitchen I would like permission for a short audience with city council on Tuesday March 10, 2015 to update council on the work of the kitchen and relay some of our upcoming projects Please advise if this is possible by sending time and date your truly, Chris Watling 1 Dean Iorfida From: Lori Albanese Sent: Wednesday, February 25, 2015 4:09 PM To: Kristine Elia Cc: Cathy Crabbe; Dean Iorfida; Kathy Moldenhauer Subject: Awards at Council - Tuesday, March 10 - A.N. Myer Girls Curling Team - Provincial Champs Attachments: March 10 - Memo - AN Myer Girls Curling Team - Ontario Champs.wpd; 2015 - ANMyerCurling2015 jpg Hi Kristine, The A.N. Myer Girls Curling team recently captured the 2015 Gore Mutual Schoolgirl Ontario Championships. Please see attached for their write up and photo. Please prepare their awards for the March 10 Council Meeting. Thank you, Lori Lori Albanese Community Development Coordinator City of Niagara Falls, Recreation &Culture MacBain Community Centre 7150 Montrose Road, Unit 1 Niagara Falls, ON L2H 3N3 Office: 905-356-7521, Ext. 3332 Cell: 905-658-3970 Fax: 905-356-7404 1 Community Services Department Recreation & Culture Niagaraalts Inter-Department Memorandum TO: Cathy Crabbe DATE: March 10, 2015 Mayor's Office FROM: Lori Albanese a Community Development Coordinator Ext. 3332 RE: Awards at Council - Tuesday, March 10, 2015 A.N. Myer Girls Curling Team - Ontario Champions The A.N. Myer Girls Curling Team recently captured the 2015 Gore Mutual Schoolgirl Ontario Championships. The event was held from February 12 - 14, 2015 in Woodstock, Ontario. The event consisted of the top eight high school teams in the province, qualifying through their respective Zone and Regional competitions. At the Zone level, the competition started with 140 boys and girls teams from across Ontario. The A.N. Myer Girls Curling Team finished second in the pool play at the provincials with a record of 2 wins and 1 loss. They defeated Saugeen District Secondary School of Port Elgin 10-5 and Bishop Allen Academy Catholic Secondary School of Etobicoke 6-2 , while losing a tough game to Mother Theresa of Barrhaven 11-2. In a close semi-final game against Lawrence Park Collegiate Institute of Toronto, the girls stayed composed and determined throughout the whole game. Despite being down 4 points after the first end of play and the Myer skip facing an extremely difficult shot in the 7th end, the girls rebounded and were able to pull through with an exciting win of 11-7 over Brockville. In a "nail biter" gold medal game against Brockville Collegiate Institute, the Myer Girls played the best game of their season, defeating the Brockville Team 4-3. Special congratulations goes out to the Myer Skip - Mackenzie Kiemele who was named to the Second All-Star Provincial Team. The whole team is to be congratulated for an awesome season! The Gore Mutual Ontario Schoolboy Championships has been around since its inaugural year in 1948. It is the "oldest competed for trophy" in high school sports. In 1998, the schoolgirl competition was added. Prior to this year, only 3 boys and 3 girls teams from DSBN have ever captured an Ontario championship in this competition. Team Members: Mackenzie Kiemele, Skip Bryanna McCabe, Lead Jacquelyn Spadzinski, Second Katie Ford, Vice Mrs. Patty Rodgers, Coach cc.Dean lorfida, Kathy Moldenhauer C:\tempo\March 10 - Memo -AN Myer Girls Curling Team - Ontario Champs.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building&By-Law Services PBD-2015-11 March 10, 2015 Niagaraaa14 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-11 26T-11-2014-002 & AM-2014-010 Warren Woods Estates Phase 4 Stage 1 Draft Plan of Subdivision and Zoning By-law Amendment Application 7983-8003 Montrose Road Owner: 1340258 Ontario Inc. (Robert O'Dell - Managing Partner) Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That the Warren Woods Estates Phase 4 Stage 1 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By-law be approved as detailed in this report. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 1340258 Ontario Inc. has applied to subdivide the westerly 8.2 hectares of the lands known as 7983-8003 Montrose Road into 168 lots for single detached dwellings, a block for a stormwater management pond and a block for a walkway connection to future trails. The developer has also applied to amend Zoning By-law No. 79-200 to provide the necessary regulations to guide the construction of dwellings on the lots, and identify lands for park and environmental purposes. Planning staff recommends the applications, for the following reasons: 2 PBD-2015-11 March 10, 2015 • the proposal complies with Provincial and Regional policies with respect to achieving minimum density targets in the designated Greenfield Area; • the proposal complies with the Garner South Secondary Plan with respect to residential densities; • the proposed zoning regulations will facilitate compact form while maintaining an appropriate level of functionality for residential use; • rezoning the block of land for the proposed stormwater management pond and the lands lying south of Lots 99-122 outside of the subdivision which contain another stormwater management pond and a water course to an Environmental Protection Area zone will recognize and protect these features; • rezoning the block of land for the walkway to Open Space will ensure its maintenance for the intended use; and • rezoning the Hydro Corridor the same residential zone as the abutting lots will prevent the introduction of incompatible uses and will eliminate inconsistencies between the Zoning By-law 79-200 and the Official Plan (Garner South Secondary Plan), which designates the lands as Low Density Residential. The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal The applicant has applied to subdivide the westerly 8.2 hectares (20.26 acres) of the land known as 7982-8003 Montrose Road (see Schedule 1). The plan proposes 168 lots for single detached dwellings, a block for a stormwater management pond and a block for a walkway connection to future trails. Schedule 2 shows the design of the proposed plan of subdivision. The applicant has also applied to amend the zoning of the subject lands to provide the necessary regulations to guide the development and uses of the lands. The subject lands are currently zoned Light Industrial (LI), in part, and Hazard Lands (HL), in part, in accordance with Zoning By-law No. 79-200. The applicant proposes to rezone Lots 1 to 168 and the abutting Hydro Lands to the north from Light Industrial (LI) to Residential Single Family (R1 F) with site-specific provisions. Block 170 (stormwater management pond) and the lands lying south of Lots 99-122 are to be rezoned from Light Industrial (LI), in part, and Hazard Land (HL), in part, to Environmental Protection Area (EPA). Block 169 (walkway) is to be rezoned from Light Industrial (LI) to Open Space (OS). 3 PBD-2015-11 March 10, 2015 Surrounding Land Uses A portion of the subject lands were previously used for agriculture and a portion of the lands contain Provincially Significant Wetlands (PSW). To the north is a Hydro Corridor owned by the Province of Ontario (Hydro One Networks Inc.). To the south and east are Provincially Significant Wetland (PSW). To the west is the draft approved Warren Woods Phase 3 plan of subdivision. Circulation Comments • Regional Municipality of Niagara (the Region) - No objections. The Region provided several conditions to address standard development requirements. These conditions have been incorporated into Appendix A. • Niagara Peninsula Conservation Authority (NPCA) - No objections. The NPCA advises that it does not support the construction of any trail system within required buffers of Provincially Significant Wetlands (PSW). The walkway (Block 169) is not within any buffer lands. The NPCA provided several conditions to address their interests. • Fire Services Conditions have been included in Appendix A to address standard Fire Services requirements such as sufficient water supply and road widths. • Hydro One No objections. Hydro One provided several conditions pertaining to development in proximity to their Corridor. • Municipal Works, Transportation Services, Parks Design, Enbridge Gas, Bell Canada, and Canada Post - No objections. Requested conditions included in Appendix A. Neighbourhood Open House A neighbourhood open house was held on January 28, 2015. The neighbourhood meeting was attended by one resident who had no objection to the development. 4 PBD-2015-11 March 10, 2015 ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The applications are considered to be consistent with the Growth Plan and Provincial Policy Statements as follows: • the applications involve development of land within the urban boundary and a Greenfield area; • the proposed subdivision is calculated to achieve 53.68 people and job per hectare which meets the Growth Plan target of 53 people/jobs per hectare for Greenfield development in the City; and • the proposed subdivision contributes to the City's short term and long term supply of building lots. 2. Garner South Secondary Plan The subject lands are located within the Garner South Secondary Plan area. The Plan provides details on how land is to be developed. The Plan is part of the City's Official Plan. The lands are designated Low Density Residential, in part, and Environmental Protection Area, in part. The applications are considered to conform to the Secondary Plan as follows: • the subdivision is located in a portion of the Secondary Plan that is expected to be exclusively single detached dwellings; • the subdivision has an overall density of 21.51 units per hectare (vvhich is above the 16 units per hectare requirement for low density residential); • although the subdivision is comprised of lots exclusively for single detached dwellings, they vary in size and other phases of the Warren Woods development provide for other forms of housing; and • the subdivision is in proximity to Niagara Square shopping centre to the north and public transit. 3. Zoning By-law Amendment The subject lands are currently zoned Li, in part, and HL, in part, in accordance with Zoning By-law No. 79-200. The zoning of Lots 1 to 168 and the Hydro corridor is requested to be changed to the R1 F zone with several site-specific provisions. The changes are summarized in the following table: 5 PBD-2015-11 March 10, 2015 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot area 320 sq. m 225 sq. m Minimum lot frontage 10 m (interior lot) 8.2 m (interior lot) 12 m (corner lot) 9 m (corner lot) Minimum front yard 3 m to dwelling no changes 6 m to garage no changes Maximum projection of a 1 1.5 m or 2 storey porch into the required front yard Minimum rear yard 7.5 m 7 m Minimum interior side yard 0.9 m 1.2 m (one side) 0.6 m (other side) Minimum exterior side yard 3 m 2.4 m (to dwelling) Maximum projection of a 1 or 1.5 m 2 storey porch into the required exterior side yard Maximum height 10 m 12.5 metres and 2.5 storeys Maximum lot coverage 45% None (controlled by setbacks) Minimum landscaped Open 30% 25% Space Minimum parking 1 No change Maximum driveway width 50% or 8 m (whichever is 60% of lot frontage lesser) The requested amendments can be supported for the following reasons: • the regulations facilitate compact form; • 32% of the lots have a reduced frontage of 8.2 metres. The remaining 68% of lots provide frontage greater than 10 metres (35% of lots provide a frontage between 10-12 metres, 28.6% of lots provide a frontage between 12-14 metres and 4.2% of the lots have frontage greater than 14 metres). • a lot coverage regulation is unnecessary because the development of the compact lots will be adequately addressed by building setbacks; • 2 storey dwellings with steeply pitched roofs are acceptable; and • the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired built form. The applicant is also requesting Block 169 to be rezoned to OS. The stormwater management pond and the lands lying south of lots 99-122 are requested to be rezoned to EPA. These amendments can be supported because: 6 PBD-2015-11 March 10, 2015 • the regulations for the OS zone will reflect that Block 169 is intended to serve as a walkway and gateway to a future trail; and • the EPA zone will recognize the natural heritage feature that should be protected. 4. Subdivision Design and Conditions of Approval The proposed subdivision is the fourth phase of development in this planned community. This is the first phase of residential development along the east side of Kalar Road. Warren Woods Phase 1-3 developments are on the west side of Kalar Road. The road pattern in the proposed subdivision generally provides good movement of traffic with multiple connections to Kalar Road. Transportation Services has no objections to this. A traffic study is not required. All the transportation issues are addressed in the conditions of draft approval. Staff is concerned that the widths of some of the smaller lots together with the proposed driveway widths will limit the opportunity for on-street parking in some locations. This will be addressed on the driveway location plan which will be included in the subdivision agreement. The plan will be designed to ensure driveways are spaced to achieve an optimal amount of on-street parking. A temporary 15 m turnaround facility has been provided at the end of street "C" for fire trucks. A condition has been added to address the maintenance of this turnaround. Parkland dedication will he taken for this subdivision as cash-in-lieu in accordance with the Planning Act (minus credit for Block 169). Appropriate conditions have been included to address this matter. The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary road widenings and daylight triangles, installation of municipal services, provision of utilities to the subdivision and the naming of streets to the satisfaction of the City. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. 7 PBD-2015-11 March 10, 2015 LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map Schedule 2 — Subdivision Plan ➢ Appendix A — Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development 1 Respectfully submitted: P Y Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2015\PBD-2015-11,AM-2014-010&26T-11-2014-002,Warren Woods Phase 4.docx 8 PBD-2015-11 March 10, 2015 SCHEDULE 1 7C 4.1 77 C3 77 77 W.- eC? 41 CANADIAN DR O t :' *s+ , e4 3 0 2 -{ 77 X 0 s 77 m 7'C -4 7a Q 0 Z Q 0 74 rn 0 Z 0 --4 0 G) 1 In MI j° Zr 0 coil oil,FTAWA CREEK RD 9 PBD-2015-11 March 10, 2015 SCHEDULE 2 Z C 4. ' 1- W 2 W .f I. I w LT,€ [g-1 LL u-ii w ' v LLZ h -rte. 1 0 z ~-, __. ''j 1W"14 'x' El, ''''''.!..: . ' W 3 W .. 0 f-L I ..`5Z' '..1, ;3¢L, Y W N LL 1 3 '< ,' a ''W LL 1 a'a w. N - _..._ - tr0 A u.mpy... ?Ai 1 .__ - _ kk i o '! I ;ii 4 o ,',1'..12, w Z , 1 o N i' } '4 i , -4 J ' f1 s ; — 8 3 a R •," }t }; 1 m i S e W t f....._.1 t ' 1 1 ti ! • ; . t s ;'c s - gi _ fi ! e I • 2 g t t — [ S ! y !' { ! 3 til r 3 . a .--3-',' f x— } -x X- i - 7ai xy i V(ysf E r ryI:7--1',1---.:',- , t a a; } # 3 . q gt A'q t ki r r a II $; g= nt a. i!. 10 PBD-2015-11 March 10, 2015 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Warren Woods Estates Phase 4 Stage 1 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated October 8, 2014, showing 168 lots for single detached dwellings, one block for a walkway and one block for a stormwater management pond. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadways and sidewalks to municipal requirements; (b) dedication of a 3 metre road widening along the frontage of Kalar Road (Block 171 on the draft plan) as a public highway; (c) dedication of a daylighting triangle with 7 metre legs for each intersection along Kalar Road ; (d) dedication of daylighting triangles with 5 metre legs for all remaining intersections on the draft plan; (e) dedication of all road allowances to the City as public highway to the City's satisfaction; (f) all streets named to the City's satisfaction; (g) all roads must be constructed to municipal standards; (h) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment and the City Engineering Standards Manual January 2010, as amended; (i) weeping title be connected to storm sewer system via sump pump and all rainwater leaders outlet to grade and be directed to the front/rear yards; (j) provision of an overland stormwater flow route be designed within the right- of-way and constructed in accordance with the City Engineering Standards Manual as amended; 11 PBD-2015-11 March 10, 2015 (k) application of the City's Lot Grading and Drainage Policy in accordance with the City Engineering Standards Manual 2010, as amended; (I) a continuous sidewalk along the east side of Kalar Road; and (m) the location of all driveways or access exiting points to every lot or block shall be shown on the plans 5. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 6. The developer construct sidewalks to City standards along one side of all local streets as per City of Niagara Falls standards . 7. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement as per Development Charges By-law 2014-87. 8. The developer grant the City and public utility companies any easements required to service the subdivision. 9. The developer provide tender documents and digital data, in accordance with the Niagara Peninsula Standard Contract Document format and Regional and City CAD standards, to the City in compliance with current PSAB requirements. 10. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 11. The developer submit a landscape plan showing details of fencing, entry features (if any), trails, and any other landscape features to the satisfaction of the City's Landscape Architect. 12. The developer provide a 1.5 metre high black vinyl chain link fence (or other standard approved by the City) along the rear lot line of Lots 99-122, 134-168 (all inclusive); Block 170; along the interior side lot lines of Blocks 169 and 170, to the satisfaction of the City. 13. The developer shall provide all necessary preservation and protection measures for the PSW/Woodlot as outlined in the Environmental Impact Study and to the approval of the Niagara Peninsula Conservation Authority. 14. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and provide payment to the City for the required cost of boulevard tree planting, in accordance with City policy. 12 PBD-2015-11 March 10, 2015 15. The developer pay the City cash-in-lieu of parkland dedication in the amount equal to 5% of the .._ of the lands credit for ni__i. 169) to .,.. appraised value (minus Block be subdivided as determined by a qualified appraiser, to the satisfaction of the City. 16. The developer provide 0.3 metre reserves along the Kalar Road flankage of Lots 168 (Block 176 on the draft plan),1 and 47 (Block 175 on the draft plan), 48 and 98 (Block174 on the draft plan), 99 (Block 173 on the draft plan) and Block 172. 17. The developer shall sufficiently grade for surface drainage, and seed to the City's approval, Block 169, and identify as a future trail/walkway. 18. The developer demonstrate to Fire Services satisfaction that adequate water supply for firefighting purposes is available and accessible with sufficient volume and flow to facilitate firefighting operations prior to obtaining Building Permits. 19. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of the road where the asphalt width is less than 8 metres and on one side of the road within residential cul de-sacs. 20. Street "C" watermain is required to be looped to Brown Road at Stage 1. If this is not possible the main will be required to be sized in accordance to section 4.4.1. of Niagara Falls Engineering Design Guidelines Manual. 21. The developer submit servicing plans to Municipal Works and Fire Services for review. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 22. The developer agrees that the temporary 15 m turnaround facility shall be maintained free and clear of any construction materials and obstructions such as parking and snow. Signs to be posted as required. 23. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision. 24. The developer provide three calculated pians and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 13 PBD-2015-11 March 10, 2015 25. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 26. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed subdivision to provide communication/telecommunication service to the proposed subdivision. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services). 27. That the developer agree, in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 28. That Community Mail Boxes (CMBs) be located next to rear of lots 1, 21, 98 and 130 or in an alternative location if determined by Canada Post, and that the developer identify these sites on a display in the sales office prior to offering any units for sale. 29. The developer agree in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 30. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 14 PBD-2015-11 March 10, 2015 31. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair r access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. 32. The developer contact Enbridge Gas Distribution's Customer Connections Department by emailing salesarea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including , but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 33. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 34 ThP riPvPInnPr nrariP all ctrPatc to final alPvatinn linac ac nnccihIP nrn ,iria necessary field survey information and all approved municipal road cross-sections. Identifying all utilities locations prior to the installation of the gas piping. 35. The developer provide Enbridge Gas Distribution with the necessary easement(s) at no cost. 36. Prior to final approval, copies of the lot grading and drainage plan, showing existing and final grades, must be submitted to Hydro One Networks Inc. (HONI) in triplicate for review and approval. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 37. Temporary fencing must be installed along the edge of the transmission corridor, at the developer's expense, prior to the start of construction. 38. Permanent 1.5 metre high fencing must be installed along the mutual property line, at the developer's expense, after construction is completed. 39. The OILC/HONI transmission corridor is not to be used without the express permission of HONi on behalf of OILC. During construction there will be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the subdivision. 15 PBD-2015-11 March 10, 2015 40. HONI's letter of December 15, 2014 and the conditions contained therein, should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land use Program (PSLUP). HONI, as OILC's service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should future approval for a road crossing be granted, the subdivider shall then make arrangements satisfactory to OILC/HONI for the dedication and transfer of the proposed road allowance directly to the City of Niagara Falls. Access to and road construction on the OILC/HONI transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 41. The costs of any relocations or revisions to HONI facilities that are necessary to accommodate this subdivision will be borne by the developer. 42. If the proposed development is within proximity to a Transmission or Distribution station, the following applies: (a) The developer hereby confirms and agrees that every agreement of purchase and sale heretofore and hereafter entered into by the developer with any purchaser(s) of any lot/unit or proposed lot/unit in the subdivision contains the following notice/warning provisions (or clauses substantially similar thereto in all respects), namely: "Each lot/unit purchaser and/or lessee specifically acknowledges and agrees that the development of the lands upon which this subdivision is being (or has been) constructed, will be (or has been) undertaken and completed in accordance with any requirements that may be imposed from time to time by any Governmental authority, and that the proximity of this subdivision to facilities, installations and/or equipment owned and/or operated by HONI may result in noise, vibration, electro-magnetic interference and stray current transmissions (hereinafter collectively referred to as the "Interferences") to this subdivision, and despite the inclusion of control features within this subdivision, Interferences from the aforementioned sources may, occasionally interfere with some activities of the occupants in this subdivision. Notwithstanding the above, each unit purchaser and/or lessee agrees to indemnify and save harmless HONI, from and against all claims, losses, judgments or actions arising or resulting from any and all of the interferences. In addition, it is expressly acknowledged and agreed that HONI does not, and will not, accept any responsibility or liability for any of the Interferences in respect of 16 PBD-2015-11 March 10, 2015 this subdivision and/or its occupants. Furthermore, there may be alterations and/or expansions by HONI to its facilities notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the subdivision. HONI will not be responsible for any complaints or claims of any kind howsoever arising from use, expansion and/or alterations of such facilities and/or operations on, over or under its transformer station. Furthermore, each lot/unit Purchaser and/or lessee acknowledges and agrees that an electro-magnetic, stray current and noise-warning/vibration clause similar to the foregoing shall be inserted into any succeeding or subsequent sales agreement, lease or sublease, and that this requirement shall be binding not only on the Purchaser hereunder but also upon the Purchaser's respective heirs, estate trustees, successors and permitted assigns, and shall not cease or terminate on the closing of this purchase and sale transaction with the Vendor/Declarant." (b) The developer covenants and agrees that so long as the City does not nhiorrt thornfn thc, Ianni'anal cct ni it in r_nnrlitinn 4 ( \ haranf (nr lanni lana substantially similar thereto) shall also be included in the Subdivision Agreement entered into by the developer with the City of Niagara Falls to be registered on title of the subdivision. 43. The developer is advised that the transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 188 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for 115kV conductors is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distances specified in the Act. They should also be aware that the conductors can rise and lower without warning, depending on the electrical demand placed on the line. 44. The developer provide a letter of credit, or an acceptable alternative, and enter into a legal agreement for the water and wastewater portion of the Regional Development Charges within 12 months of Draft Plan Approval (or Extension) of the plan of subdivision, unless evidence of a complete Ministry of the Environment application for servicing has been made within this time, to the satisfaction of the Niagara Region. 45. Prior to final approval for registration of this plan of subdivision, the developer submit the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Environmental Change application for and Environmental Compliance 17 PBD-2015-11 March 10, 2015 Approval under the Transfer of Review Program to the satisfaction of the Niagara Region. 46. The developer ensures that all streets and development blocks can provide an access in accordance with the Regional Municipality of Niagara Policy C3.C17, Collection of Material By Way of Entry on Private Property and by-laws relating to the curbside collection of waste, including provision of a temporary turning circle (minimum12.8 radius) at the end of Street 'C' to the satisfaction of the Niagara Region. 47. That the developer submits a Stage 3 Archaeological Assessment for Site P30 (Borden No. AgGs-299), prepared by a licensed archaeologist, to the Ministry of Tourism, Culture and sport for review and approval with a copy provided to the Niagara Region. The report must be accepted by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. It should be noted that subsequent Stage 4 study may be recommended to mitigate any adverse impact to significant archaeological resources found on the site through preservation or resource removal and documentation. If the consultant recommends further Stage for Study for Site P30, this report must also be submitted to and accepted by the Ministry , to the satisfaction of Niagara Region. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 48. The developer submits a detailed noise impact study, prepared by a qualified acoustical consultant, to the Niagara Region for review and approval. The study must assess the impact of noise from nearby stationary and transportation sources on the Phase 4 lands and recommend appropriate measures to reduce noise levels in accordance with the Ministry of the Environment's (MOE) Environmental Noise Guidelines (NPC-300). Following review and acceptance of the noise study by the Niagara Region, appropriate clauses regarding implementation of the recommendation must be included in the agreements entered into between the developer and the municipality. 49. That the developer submit to the Niagara Peninsula Conservation Authority, for review and approval, detailed grading, storm servicing, stormwater management and construction sediment control drawings. 50. The developer agree that no trails will be permitted within the 10 metre natural buffer adjacent to lots 124-148 (inclusive) and lots 99-122 (inclusive), except as an access between Block 169 and the PSW. A permit from Niagara Peninsula Conservation Authority will be required to said access. 18 PBD-2015-11 March 10, 2015 51. That any future trail access into the woodland/wetland areas will be provided by the specific trail openings from the perimeter path system, and that any future interior trail will he soft surface be designed to prevent use by motorized vehicles and bikes, and designed to limit removal of vegetation. Detailed design of any trails will require approval and Permits from NPCA. 52. A NPCA Permit(s) will be required for any site alteration within 30 metres of the boundary of the Provincially Significant Wetland relating to the construction of trails and visual screens. 53. That the developer submit a tree saving plan to the NPCA, for review and approval, for tree removal within Woodlot 3 and within the hedgerow between Woodlot 3 and 4 to accommodate stormwater management facilities. The plan shall include a detailed inventory of the tress to be removed in Woodlot 3 and within the hedgerow, and shall focus on tree protection and replanting requirements as outlined in the environmental impact study prepared by Beacon Environmental and dated November, 2012. 54. That the 10 metre natural buffer adjacent to the wetlands/woodlands be shown on the engineering drawings as an area to be planted with native field grasses and left in a natural state. 55. That the Grading plan maintain existing surface water flows to the woodlots, wetlands and Warren Creek. Rear yard drainage should maintain existing conditions for lots that abut the woodland/wetland buffer. 56. That sediment control and limit of work fencing be shown on grading plan along the rear lot lines of lots 99-111, 115-122, 134-148 and Block 170, and that no grading occas beyond this point. Limit of work fencing must be maintained during the development process and all silt fencing shall be removed once work is completed and all exposed soils are re-vegetated and otherwise stabilized. 57. That permanent fencing be constructed along rear lot lines of lots 99-111, 115-122, 134-148 and Block 170, be shown on the engineering drawings using fencing which will discourage entry into the natural areas and dumping of lawn or other waste into the natural areas. 58. That no clearing of vegetation shall take place on site between March 15 and August 31 of any year, to protect nesting birds under the Migratory Bird Convention Act. Any proposed clearing of vegetation including trees, shrubs and grasses within these dates and ecologist should undertake detailed nest searches immediately prior to site alteration to ensure that no active nests are present. 59. That the developer agree in the executed Subdivision Agreement that the conditions 52-61 mentioned above to the satisfaction of the NPCA. 19 PBD-2015-11 March 10, 2015 60. The following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blocks, and in any leases: "Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City's Zoning By-law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec." Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Legal Services for Conditions 2 and 3 Municipal Works for Conditions 4 to 10 inclusive, 20 and 21 Landscape Architect for Conditions 11 to 15 inclusive Transportation Services for Conditions 4, 6 and 16 Fire Services for Conditions 18 to 22 inclusive Planning and Development Services for Conditions 2, 14, 16, 23 and 24 Bell Canada for Conditions 26 and 27 - Canada Post for Conditions 28 to 31 inclusive - Enbridge Gas Distribution Inc. for Conditions 32 to 35 inclusive Hydro One for Condition 36 to 43 Regional Municipality of Niagara for Conditions 44 to 48 inclusive - Niagara Peninsula Conservation Authority for Conditions 49 to 59 Cytec for Condition 60 THOMSON ROGERS LAWYERS Jeffrey J. Wilker 416-868-3118 jwilker@thomsonrogers.corn SENT BY EMAIL February 19, 2015 Alex Herlovitch Director of Planning, Building and Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovitch: Cytec Canada Inc. Warren Woods Phase 4 Draft Plan of Subdivision and Rezoning City File Nos.: AM-2014-010 and 26T-11-2014-002 Our File No. 050225 We are the solicitors for Cytec Canada Inc. ("Cytec"). On behalf of Cytec, we are providing input on the development proposal for the City's consideration. Cytec has major landholdings southwest of the Garner South Secondary Plan Area. It owns approximately 1,000 acres north of the Welland River. The Cytec property fronts onto Garner Road where it presently operates a phosphine plant. Cytec is part of a longstanding industrial precinct in this part of the City. Cytec has made recent significant investments to the plant resulting in an expanded facility. Protection of the continued viability of its plant in its current location is of paramount importance to Cytec. To this end, Cytec participated throughout the Garner South Secondary Plan, and through the planning process, secured policies within the Official Plan Amendment to guide development in the Secondary Plan area. Cytec has reviewed the development proposals in context of these policies. We have noted that the proposed By-law has now been modified (from 12.5 metres in a prior version) to the 2.5 storey maximum height for the dwelling units. This addresses a prior concern that Cytec had with the draft By-law. The revised standard is now consistent SUITE 3100,390 BAY STREET,TORONTO,ON,CANADA M5H 1W2 I TF: 1-888-223-0448 I T:416-868-3100 I F:416-868-3134 thomsonrogers.com THOMSON ROGERS LAWYERS -2- with the Secondary Plan. Therefore, Cytec does not have any additional comments on final draft Zoning By-law. With respect to the subdivision matter, we note that Cytec requires the imposition of a notice clause as a condition of draft approval. This is required in order for the subdivision approval to be in conformity with the City's Official Plan, Part V, Section 1, Garner South, Policy 1.4. We ask that the same notice clause be included as has been included on prior phases of the Warren Woods subdivision. The clause reads as follows: The following notice clause shallbe included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision Iots and blocks, aut./ ire a«y ,ca . "Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River and west of Gamer Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City's Zoning By-law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec." In summary, Cytec has no objection to the development proposal, subject to imposition of the height restriction as contained within the amended final draft zoning by-law and the imposition of the above condition to be included on the conditions attached to the draft plan of subdivision approval. We request that notice of any decision by the City on the Warren Woods Phase 4 Draft Plan of Subdivision and Rezoning (City File Nos.: AM-2014-010 and 26T-11-2014-002) be given to our offices, to the attention of the writer, together with a copy of the notice provided to Mr. Gary Sommer, Safety, Health and Environmental Manager, Cytec Canada Inc., 9061 Garner Road, Niagara Falls, Ontario, L2E 6S5. THOMSON ROGERS LAWYERS -3- We trust the foregoing is satisfactory. Yours very truly, 4111 Jeffrey J. Wilker Jeffrey Wilker Law Professional Corporation JJW/dng cc: Anamika Dilwaria, City Planning, City of Niagara Falls Dean lorfida, City Clerk, City of Niagara Falls Ken Beaman, City Solicitor, City of Niagara Falls Ken Milo/Gary Sommer, Cytec Canada Inc. Glenn Wellings, Wellings Planning Consultants Bob O'Dell, Warren Woods Dean Iorfida From: Sherry Dobbin <> Sent: Thursday, February 19, 2015 7:58 AM To: Dean Iorfida Subject: Re: Autism Awareness Event in April. Attachments: title page 2.docx; Special event table of contents.docx; Special event introduction.docx; intro to the charities.docx; Special event About the Day.docx; Special event advertising.docx; Special event donating.docx Sir our names are Al and Sherry Dobbin on April 12,15 we are hosting an Autism Awareness information fair and fun festival at the Gale Center here in the Falls. This event is going to be huge. We will have something for everyone, the event will end with a Toronto Maple Leaf Alumni Game. We were hoping that the City of Niagara Falls would possibly sponsor a portion of the event. Or event donate the use of the Gale Center, It's Staffing and the ice time. Attached please find a brief outline for the day. Thank you for your time, and we look very forward to your response. Sincerely. Al and Sherry Dobbin. Daniel Dobbin (Our Son.) Contact Information: Allan and Sherry Dobbin The other half of the proceeds will be broken down as follows 1. We are in the beginning stages of starting our own Charitable Foundation for Autism within the next year. Inspired by our son Daniel.This foundation will help Families Bridge the gap between diagnosis and the actual start of services. Wait times for services can take anywhere from 1 to 3 years. It is crucial that most therapies be started as soon as possible to give the child the best advantage moving forward in his or her development. There are many children that don't receive a diagnosis until they are already in school that makes it even more crucial to be able to access services while on these long wait lists so they don't get any further behind. As Daniel grows and our own experiences expand we will add to our foundation's curriculum. When set up we would like to have a very close working relationship with all major autism related groups, such as the Niagara Children's Centre, Bethesda,etc. We would like to be able to offer a drop-in and learning center,where people could come for programs,therapies, information and in some cases funding for programs that families are forced to pay out of pocket. You can tell what a charity is made of based on the foundation on which it is built. Our son is our inspiration for this foundation. We have the need to create Awareness in many different ways and to pave a road to a deeper understanding of Autism Spectrum Disorder.We want to remove the financial obstacle,so families can begin getting direction and support immediately just after diagnosis while waiting for therapy from the 2 major organizations we hope to make our affiliates,for this we need Corporate and Government funding.We will have a board of Directors as well. Our main center would begin in Niagara and gradually we would have pilot centers in each city throughout the region that is our long term goal. Our center would be a place children can attend in between wait lists,as well as if they have been discharged from therapy but still need help.Addressing safety will also be among top priority.This will be a place of therapy, learning, resource and more over a period of time. Our aim is to make ours as well as other communities better equipped for my child as well as all children on the spectrum in many different ways. 2. Autism Service Dog. We were on a 2 year wait list for a Service Dog specifically trained for Daniel's special needs,safety concerns, and more. We have since been accepted and have 18 months to go. The dog will be trained since birth to help our son with his particular needs,and as we proceed through this process out of pocket expenses will arise, such as travel to a day seminar in Cambridge, then when we are about to receive the dog, there will be a week long training course for ourselves with the dog up in Cambridge,travel, hotel stay,service dog vest, respite for our son,etc. All costs associated with the dog for his long term care will also be out of pocket. National Service Dogs in Cambridge Ontario is where our dog is coming from,they rely on donations from you and me to be able to provide these services. Partial proceeds from this event will be given to National Service dogs, to do our part in fundraising efforts to show our appreciation as well as help them continue placing more Autism service dogs to children and their families in need. Our son, and many others in this same situation never asked for this. They deserve the assistance naarlarl to hale thorn Iiva Inarn nnrri thrive lust like Yny ether child 1A/ith ynwr help and kindness hopefully we can make that happen, please give generously. Donating Partners/Sponsoring Partners: Donating and Support is what this day is going to be all about, from the smallest monetary value,to the most extravagant gift. We will be running raffles and a silent auction, as well as door prizes for lucky ticket holders,50/50 draw and games. We are also holding the opportunity for 2 lucky men, 15 years and up to be involved in the game, by coaching the Toronto Maple Leaf Alumni,this opportunity will be provided through silent auction,this auction will open as soon as the doors open for the event and will end 1 hour before the Leaf Alumni take to the ice. Some restrictions on this auction do apply. Sponsorship is the biggest piece of the puzzle, because without you and your business sponsorship none of this can happen. Sponsorship and donating will work as follows: 1. $5,000.00 plus you will receive on air T.V.time through Cogeco for promotional purposes, radio mention through Bell Media, extensive advertising in website, Facebook. All print media, posters,flyers, banners across the Niagara Region,free vender space at the event, plus 2 free game tickets with full access to the event with post game meet and greet with the Maple Leaf Alumni and Mascots. 2. $1000.00 to$4000.00,will receive extensive website and Facebook coverage, placement in all print ads,and banners,free vender space at the event, plus 2 free tickets with full access to the event with post game meet and greet with the Toronto Maple Leaf Alumni and mascots. 3. $300.00 to$1000.00,will receive placement in all print ads, company logo placement on the website and Facebook, plus banners. 4. $75.00 for retail booth space. These booths will be available for venders to retail from the start of the event till the end. You bring your own set up,table, chairs. To rent a table and chairs please add $25.00 to retail booth space fee. 5. Sponsorship and Donations under$300.00,will receive banner placement and company logo placement on the website and Facebook. The only thing we can say is that this event is going to be huge, and the possibility to put your business name out there for all to see,while supporting a great cause across not just the Region but also the whole Province is a win,win for not just your business but also the whole community. Everything is negotiable and no amount is too small,so please give generously. Without your sponsorship and your donations none of this will be possible. Thank you for your time. Daniel's Mom and Dad. Sherry and Al Dobbin. Tel#905-374-1272. e-mail: sherryandallan2@gmail.com Time: l pm to 7pm The Gale Center, 4th Ave, Niagara Falls, Ont. 331 The Toronto Maple Leafs Alumni vs The Cotton Crusaders. Fun for the whole Family!!! Animals, Super Heroes, Mascots, Attractions, SV N DAY' Displays, Venders and Much More!!! APRIL 12 , 2015 Come out, support 1st Annual: a • reat cause!!! Autism Awareness AUTISM AWARENESS Information Fair INFORMATION FAIR & FUN FESTIVAL Sherry and Al Dobbin Fun Festival 45-7775 jubilee Dr. Niagara Falls, Ont. ., L2G 7N5 ‘• p}fiUNl(r IS •`0. tarp {LEAg3 + gl0)0✓0 , ° ° FT' c(Ait¢N'p ,` (905) 374-1272*AA MARlE EAFs L1441fESERF 141-,70, 1 A2 ii 4t +iL .£t,UR' '' ALUMNA X N Ar.13.'N4';'v-t 11.-U 4MNt . i . *tit sherry°andallan2@gmail.com Introduction: Purpose: Our names are Allan and Sherry Dobbin and on June 5th, 2011 our son was born. He was two weeks early and had a few issues, but nothing that would lead us to believe there was a major or long term issue. Then as time went by our son started to miss,what they call mile stones, not responding to his name, not rolling over, and not holding his head up. Over the next 18 months we became more concerned,some delays had passed by,while some still lingered, and new behaviors arose. In November of 2013 our son was diagnosed with ASD or Autism Spectrum Disorder. The full extent of his disability may not even be realized until the age of 5. 1 in 68 Children born are Diagnosed and fall somewhere on the ASD Scale. Our son has safety issues and to this day still does not speak or respond to his name,we are ,1 waiting list for dog specifically trained Auticti. Chilrlrer ar.d u e ern oleo on a special yr o a i b list a Ja.i Y wa. JMa.w na.o.. ...u.. a....for .......+..... .........., y ....... .... ..... .....v involved in programs offered at the Niagara Children's Centre. NCC offers some of the therapies needed to help make our son Daniel's life as normal as possible. The reason we came up with the theme Little Heroes is due to all the battles these children fight on a daily basis. Niagara Children's Contra has played a huge role to this point, helping him and helpine us assist him to succeed in everyday living. So when the idea for a fundraiser was brought to our attention, my wife and I jumped at the chance to help make even a little bit of a difference. Not just in Daniel's life but also the lives of all the people using this great organization. As the old saying goes, go big or go home1l11111t1 That is exactly what we are planning. Please Help Us Make a Difference. Your support is greatly needed. Help us not just help our son, but also the thousands of children stricken with this impairment all over the Niagara Region. About the Day/ Whats Happening: The Full Day: 1:00 p.m. The doors open for the Information Fair and Fun Festival. 4:00 p.m. to 7:00 p.m. The Cotton Crusaders playing the Toronto Maple Leafs Alumni. The day will begin with a full day festival starting at 1:00 pm. We will have an entire row of booths dedicated completely too all facets of Autism Awareness and resources. There will be an Exotic petting zoo brought to you by Hands on Exotics,A Reptile Exhibit brought to you by Heartland Forest, inflatable bouncing tents by Niagara Inflatables,face painting,venders,food, refreshments, and displays. Displays including the NHL Ice Time Bike,A full Green/Blue Screen personal experience, Live Super Heroes, Princesses and Star Wars Characters,Cos-Play and maybe even some celebrity guests. There will also be both Marvel and DC Professional Comic Book Artists available to draw your children and even yourselves as Super Heroes or your favorite comic book characters. There be door prizes,carnival rides,finger printing and safety I.D.,Touch and Shine, pony rides,games, raffles with great prizes for all ages,50/50 draw,and even a silent auction. Some of the high lights of the day could be the TSN Ice Time Bike on display for pictures,then there's the Super Heroes, Princesses,Star Wars Characters, and both Local and Pro Mascots available for different photo opportunities. We are in the middle of negotiations with the Hockey Hall of Fame for the Stanley Cup. As well as different celebrities for guest appearances. There will be something for everyone, and a great day should be had by the whole family. Towards the end of the festival starting at 4:00 p.m. a local Niagara Falls Minor Hockey Team of Timbits(5 year olds.)will take on local and pro mascots in a 20 minute exhibition game. This will be followed by your local Cotton Crusaders with special guest star players, Biggs and Bar from 97.7 HTZ FM taking on the Toronto Maple Leafs Alumni. The game will include special guests,giveaways, shots for prizes between periods, including the chance to win a car. For those in attendance at the conclusion of the game there will be a small meet and greet with the Alumni, for autographs and pictures. Come out and show your support for a great cause. About the Charities: The Niagara Children's Centre, Re#12342-8799-RR001 Contact information: Oksana Fisher CEO, 567 Glenridge Ave., St. Catharines, ON L2T 4C2. Tel: 905-688-1890 Ext. 102. The Niagara Children's Centre is a Non-Profit Organization serving all 12 Municipalities with in the Niagara Region. The Re-Hab Centre serves children and youths with physical,developmental and/or communicative disabilities,their primary services include physiotherapy,occupational therapy, speech and language pathology and social work. The centre operates with the vision: "Children with special needs at their best." They were established in 1964 as a voluntary non-profit organization. They employ 90 full time and part time staff,and operate with a mandate to serve children from the Region of Niagara. NCC is 1 of 21 Children Treatment Centres operating in the Province of Ontario For my son Daniel. NCC has been of great benefit already,we now have a better understanding of how he can communicate and how we need to be communicating with him,of how he may be learning and what he may or may not understand. We have just started using these services and my wife and I are already seeing some of the benefits since he was diagnosed in November 2013. Half of our events proceeds will go to Niagara Children's Centre. Bethesda will benefit from our day long 50/50 draw,which will go towards their Autism programs and needed equipment. CD-2015-04 NiagaraJalls March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2015-04 Closed Meeting Complaints — Ombudsman's Reports RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY In the Fall of 2014, the Ombudsman's Office received two separate complaints regarding Niagara Falls City Council going into a closed session. One complaint pertained to an In Camera matter heard on October 8, 2013 listed under the heading of Downtown University. The second complaint pertained to meetings related to Marineland. The majority of the Marineland meetings were at a staff level, while the May 29, 2012 In Camera included an agenda item pertaining to Marineland. The Ombudsman's office reports are attached for Council's information. The Ombudsman's office concluded that Council improperly went In Camera during the October 8, 2013 meeting. The Ombudsman's office concluded that the grounds for going In Camera and related discussion were appropriate and that none of the staff level or operational meetings contravened the openness and transparency provisions of the Municipal Act. Staff has already begun to implement some of the Ombudsman's Office recommendations and will update the City's procedural By-law to better reflect current practises. BACKGROUND The Municipal Statute Law Act passed by the Provincial government in late 2006, saw a number of amendments to the Municipal Act pertaining to openness and transparency. Section 239.1 of the Municipal Act required municipalities to appoint a closed meeting investigator. If a municipality chose not to directly appoint a closed meeting investigator, the Provincial Ombudsman's office would perform the role of the closed meeting investigator. 2 CD-2015-04 March 10, 2015 Although Niagara Falls City Council, like many municipalities, originally hired LAS (Local Authority Services Ltd.)to perform this service, in 2008, the Council passed a motion to terminate the arrangement. As a result, any complaints on closed meeting matters for NiagaNiagara Falls City Coy ncil arc handled Ombi dsman Ontario ra a ana v y Council i . arc handled uwu by v uu.. qui v..au. ... As the Ombudsman's Office The Sunshine Law Handbook states, "any information received relating to a complaint cannot be disclosed, except where permitted by the Ombudsman Act. The Ombudsman's Office is also not subject to the application of freedom of information and privacy legislation. The Ombudsman does not release the identity of complainants without consent. The identity of a specific complainant is normally not relevant to a closed meeting investigation, which focuses on whether or not the meeting was properly closed under the law." ANALYSIS/RATIONALE The Ombudsman's office reports are attached. With regard to the complaint surrounding meetings related to Marineland, the Ombudsman's Office concluded that the one meeting Council went In Camera was justified because an appropriate resolution was passed using an applicable exception under the Municipal Act, solicitor- client privilege. In retrospect, Council could have also relied on the grounds reiated to property disposition based on the potential lease with Marineland. It should be noted that save and except the May 29, 2012 In Camera meeting, where Council received advice for the solicitor, all of Council's deliberations related to the Marineland leases were held in open Council meetings, with notice provided as per the City's Sale of Land provisions and with multiple deputations entertained. The meetings dealing with the leases were held as "public meetings" in which potential speakers did not have to pre-register to address the issue before Council. The Ombudsman's office report also clarifies that meetings taking place at a staff level, even if one or two members of Council attend, are not meetings subject to the openness and transparency provisions of the Municipal Act. From the report," In the present case, out of nine council members, only two or three attended the operational meetings discussed above, far from the 50 percent of council members required for legal quorum. Furthermore, our investigation did not substantiate that any council decision-making took place or that the groundwork for future decisions was laid...the Niagara Falls council members who attended the operational meetings were not coming together for the purpose of exercising the power or authority of council." On October 8, 2013, Council went In Camera on an item entitled Downtown University. The ground used for going In Camera was section 239(2)(c), acquisition or disposition of city-owned lands in the Downtown. The Ombudsman's office has concluded that the discussion of the Downtown University item should not have occurred, In Camera, and constituted an "illegal meeting". 3 CD-2015-04 March 10, 2015 As outlined in the report, the primary purpose for using the acquisition or disposition of land ground is "to protect the municipality's bargaining position in property negotiations...instead, the focus of the closed meeting was on the procurement of the report and the report's content." There was no discussion at the meeting regarding specific parcels and appraisals related to any of the City-owned lands. Although the municipality may go into a closed meeting to protect its' bargaining position related to land, securing a competitive advantage with respect to a potential municipal development is not an enunciated ground under the Municipal Act. The Ombudsman's Office also rejected possible grounds as solicitor-client privilege or personal matters, as actions taken by staff in their professional capacities are not "personal matters". With all investigations by the Ombudsman's Office, staff welcomes the advice on best practices, in keeping with the openness and transparency provisions of the Municipal Act and to better communicate with the electorate. It should be noted, that a number of recommendations are already being implemented. For example, resolutions going In Camera and the Council meeting schedule are being posted on-line as part of the Council agenda available through the City's website for ease of reference. The resolutions going In Camera were previously produced in the Council agenda packages received by Council members, staff and the press, considered public documents, available upon request and, eventually, posted on-line after signed by the Mayor and Clerk. Now, public notice of the resolutions and schedule are more readily available in advance of the Council meeting. The website's Council meeting page also bears the following message: All Council Meetings are on Tuesday nights and start at 5:00pm in Council Chambers. Council may have a Closed Meeting preceding the Council meeting, between 4 and 5:00 p.m., in compliance with s. 239(2) of the Municipal Act. More information on closed meetings can be found on our Closed Meetings of Council page. Resolutions to go into a Closed Meeting are viewable through the Agenda's & Minutes link. As outlined in the Ombudsman's office reports, a number of changes in Council practices, such as Tuesday meetings, 5:00 p.m. start times and the elimination of standing committees have not been reflected in the Council's Procedural by-law (Standing Rules of Council). The Clerks Office will bring changes to the Procedural By- law in the near future and will heed the advice of the Ombudsman's office to have explicit reference to public notice and grounds for going In Camera. In addition, recording of In Camera minutes will include details as outlined in Recommendation #4 of the Ombudsman's report on the October 8, 2013 meeting. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All meetings of Council are to be open to the public unless they fall under the exceptions outlined under section 239(2) of the Municipal Act. The exceptions are, generally, security of the property of the municipality, personal matters about an identifiable individual, proposed or pending acquisition or disposition of land, litigation or 4 CD-2015-04 March 10, 2015 potential litigation, and solicitor-client privilege. The more cognizant Council and staff are of the requirements for going In Camera the less likelihood of the Ombudsman's office concluding that the Council has entered into an illegal meeting. The Ombudsman'sc advice `when doubt, the meetinn " V1111JNNJI I IG1I J advice is that "when l in open the Wall ly. The municipality must make the Ombudsman's findings public, his recommendations are not binding; it is up to the municipality to decide whether or not to accept and implement them. Having said that, it behooves Council to be open and transparent in the actions it takes. CITY'S STRATEGIC COMMITMENT Organizational Efficiency & Effectiveness in ensuring that governance structures are appropriate. LIST OF ATTACHMENTS • Ombudsman's Report re: October 8, 2013 meeting. • Ombudsman's Report re: Marineland "meetings". Z-) Recommended by: Dean Iorfid p/City Clerk :i f` Respectfully submitted: ( a\Ken odd, Chief Administrative Officer DI Ombudsman Ombudsman Report Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October 8, 2013 André Marin Ombudsman of Ontario February 2015 Complaint 1 On September 5, 2014, my Office received a complaint about a closed session held October 8 Win,7 L_. council r__a_.. City o f Niagara Falls. on vGwvGt o, ,v1.7 vy Vi UnGu for the City of t ,a aia rnuo. 2 According to the complaint, one portion of the closed session discussed a report entitled"Business Case and Land Capacity for a Downtown Post-Secondary Campus," under the "acquisition or disposition of land" exception of the Municipal Act, 2001 (the Act). 3 The complaint alleged that the discussion did not relate to the acquisition or disposition of city-owned land, and, accordingly, this portion of the meeting was closed to the public in violation of the open meeting requirements of the Act. Ombudsman jurisdiction 4 Under the Act, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 5 As of January 1, 2008, the Act gives citizens the right to request an investigation into whether a municipality has properly closed a meeting to the public. Municipalities may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. 6 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 7 In investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipal procedure by-law have been observed. Previous complaints 8 My Office has previously reviewed closed meeting complaints about the City of Niagara Falls. 9 Based on those reviews, we have twice recommended that council ensure closed meeting items be included as part of the publicly available agenda. We made this recommendation with respect to a closed session held on February 26, 2014 to 2 i— City ofNiagara Falls October 8, 2013 closed meeting d 1 • February 2015 discuss an employee resignation,' and with respect to a review of closed meetings that were held October 3, 2011, December 12, 2011, and January 24, 2012.2 Procedure by-law 10 Council meets at 5 p.m. every other Tuesday. The by-law requires resolutions to go in camera to give information about the general nature of the matter to be considered in the closed meeting. 11 The Clerk advised my Office that meeting agendas are generally posted on the city's website on the Wednesday or Thursday of the week before the meeting. He said council often relies on the press to publicize upcoming closed sessions, as closed sessions may not be noted in the agenda posted online. Investigative process 12 On October 3, 2014, after completing a preliminary review, my Office advised council that we would be investigating this complaint. 13 My Office's Open Meeting Law Enforcement Team (OMLET) reviewed relevant portions of the city's procedure by-law and the Act, and extensive written material prepared for, and pertaining to, the October 8, 2013 meeting. OMLET staff spoke with city staff as well as the Mayor and a councillor who attended the meeting. 14 We received full co-operation in this matter. 15 Municipal elections were held on October 27, 2014. The Mayor was re-elected, but there were some changes to council's composition. All references to the Mayor and council in this report refer to council as it stood at the time of the October 8, 2013 meeting. Available at: https://ombudsman.on.ca/Files/sitemedia/[mages/Reports/Niagara-Falls-closing-letter--Feb- 19.pdf 2 Available at: https://ombudsman.on.ca/Files/sitemedia/lmages/Reports/Niagara-Falls-Clerk-letter-April- 23.pdf 3 City of Niagara Falls October 8, 2013 closed meeting 4 ..i ' ` " S! n February 2015 The October 8, 2013 meeting Background 16 On January 31, 2011, council passed a resolution approving its strategic priorities. These priorities included pursuing economic development opportunities, such as developing a post-secondary campus in the city's downtown. Staff subsequently began meeting with developers about promoting the downtown for use as a university campus. 17 At a closed session on September 11, 2012, council directed staff in the Business Development Department to hire appropriate consultants with respect to attracting universities to downtown Niagara Falls. At this meeting, council was advised that it was important to keep the city's efforts confidential to avoid alerting other communities that were also pursuing campus development opportunities. 18 In late September 2013, the Mayor, Chief Administrative Officer(CAO), and Director of Business Development travelled to India and South Korea for economic development purposes. While they were gone, a member of the public .x hn ,,v,s mart nfth. rity,s R,µcj-p , Tmnri m'nt Aecnriatinn (RTA) rmmplainPrl to councillors that he had learned of,but wasn't given access to, a report looking at developing a university in the downtown. 19 Certain councillors became concerned about this report. Media outlets reported that council had not approved procuring the report. Once the Mayor and CAO became aware of this situation, they cut their trip short and returned to Niagara Falls. The CAO sent the Clerk an email requesting a closed session during the next regular council meeting to address the concerns about the report. The CAO indicated that the session should be closed because it would include discussions about possible land deals involving city-owned land. Meeting notice and agenda 20 The meeting on October 8, 2013 was a regular council meeting, scheduled to begin at 5 p.m. The agenda for this meeting was posted on the city's website on October 2, 2013. It made no reference to a closed session. 21 An agenda package—including a proposed resolution to go in camera on October 8 at 4 p.m., as well as the proposed closed meeting agenda, was distributed to councillors and news media outlets on October 3, 2013. 22 The closed meeting agenda noted that three items would be discussed during the closed Session. The first two items involved proposed purchases of identified city 4 City of Niagara Falls October 8, 2013 closed meeting :7;1 r3 t,i J 2 February 015 lands, and both items indicated that the City Solicitor would speak about the issues. The third item on the agenda was "downtown university,"with the notation that the CAO would speak to the matter. 23 My Office did not find evidence that information about the closed session was published in the media ahead of the October 8 session. Resolution to proceed into closed session 24 Before going into closed session, Councillors Joyce Morocco and Bart Mayes made a motion, and council then passed a resolution, to go in camera at 4 p.m. to consider matters falling under s. 239(c) of the Act: A proposed or pending acquisition or disposition of lands regarding land to the rear of 3817 Sinnicks Avenue, 6681 Culp Street, and city-owned lands in the downtown (the "downtown university" item). 25 The resolution also noted that,because the discussions might be lengthy, council's regularly scheduled meeting might not commence at 5 p.m.,but instead would begin upon conclusion of the closed meeting. Closed meeting minutes 26 The closed meeting minutes provided the names of those in attendance, including alI nine members of council and 13 staff members from the Business Development Department and CAO's office, as well as the location, the 4 p.m. start time, and the 6:55 p.m. conclusion of the meeting. 27 The minutes recorded councillors' recommendations with respect to each item and the action items resulting from each recommendation. In relation to the "downtown university" item, the closed meeting minutes recorded the recommendation that the report be released in open council. 28 The minutes did not record any of the substantive discussions that took place, nor did they note any materials that were presented at the closed session. Discussion at the meeting 29 According to the information we obtained, the third item on the closed meeting agenda—"downtown university"—began with a discussion about whether or not the item was appropriate for a closed session. Although some staff and councillors voiced concerns that the report should not be discussed in closed session, the 5 City of Niagara Falls October 8, 2013 closed meeting al Ci`'S tYJ^ 311 February 2015 majority of council determined that it was appropriate to continue hearing the presentation on the report. 30 The CAO began a PowerPoint presentation detailing. the background to the report, stopping periodically to answer questions. The questions related to council's approval to procure the report, its cost, who received copies, and when it would be "officially" released. 31 The CAO provided information to council on the consultants hired by the city. He briefly discussed how the development project might affect properties owned by another local developer. 32 Discussions segued into concerns from some councillors about the trip that the Mayor, CAO and Director of Business Development had taken to India and South Korea, including how it was paid for and whether any other parties accompanied them. 33 This portion of the discussion became heated. A councillor asked the City Solicitor to provide an opinion as to whether there was "misconduct."Based on the information my Office obtained, the councillor's request was general in nature, not specifying what or who was the focus of the alleged misconduct. The solicitor indicated his preliminary view that there was no misconduct. 34 The CAO, with the aid of the PowerPoint presentation, reviewed the chronology of council's approval of the campus development project and the retention of consultants. He explained that the strategy in keeping the campus development priority"under the radar" was to retain a competitive advantage for the city. The CAO confirmed the report's cost and clarified that no memorandum of understanding was in place with any developers or universities. 35 The CAO also explained that the trip to India and South Korea had involved continued promotion of the campus development agenda, and clarified that the trip was sponsored by a university in India and a city in South Korea. 36 Council concluded the closed session by recommending that the report be publicly released. This action item was brought to open council. 37 The minutes of the open meeting on October 8 confirm that a motion was passed to release the report publicly. According to the infocniation my Office received, staff immediately made the report available to the press and members of the public, and it was later published on the city's website. 6 0 City of Niagara Falls October 8, 2013 closed meeting Li'".i1 d sm a f February 201 Analysis Applicability of the "acquisition/disposition of land" exception 38 Under the Municipal Act, council is permitted to discuss matters pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board in closed session (s. 239(2)(c)). 39 The acquisition or disposition of land exception allows council and/or committees of council to discuss the sale, lease, or purchase of land within a closed session, with the primary purpose being to protect the municipality's bargaining position in property negotiations.3 40 The CAO, who asked that the downtown campus matter be placed on the closed meeting agenda, was concerned that identified lands for sale to or by the city might be discussed. He was also concerned that discussion of the report itself might undermine the city's competitive advantage in securing a university campus. 41 The parceling of certain city-owned lands was referenced in the CAO's presentation, as reflected in the report, as well as identified by some owners who could be affected. However, the discussions did not address how the properties were to be appraised or sold, and there was no discussion of putting specific properties on the market.4 Instead, the focus of the closed meeting was on the procurement of the report and the report's content. 42 The fact that council agreed to publicly disclose the report at the open session immediately following the closed session further indicates that council was not concerned about protecting its bargaining position by holding a closed session to discuss the report. 43 Securing a competitive advantage with respect to attracting municipal development is not an identified basis for citing the"acquisition of lands" exception to close a council meeting. As I noted in my recent investigation into closed meetings in the City of Welland: I must emphasize again that council cannot bring a matter in camera simply because it is considered sensitive or confidential or potentially against the city's interests to discuss it publicly. Matters can only be Ombudsman of Ontario's review of a May 23,2013 closed meeting in the Town of Ajax,available at baps://ombudsman.on.ca/Resources/Reports/Town-of-Ajax.aspx 4 For similar findings,see Ombudsman of Ontario,Property and Propriety: Investigation into multiple closed meetings by Council for the City of Welland, from June 2012 to May 2014,available at https://ombudsman.on.ca/Resources/Reports/City-of-Welland.aspx 7 0 City of Niagara Falls October 8, 2013 closed meeting ' ` S °til'n February 2015 discussed in camera if they fit squarely within the exceptions to the open meeting requirements.' 44 Given that the purpose of the closed session was to discuss the report, and that council did not discuss the acquisition or disposition of city lands with a view to protecting the city's bargaining position in property negotiations, I conclude that this discussion did not fit within the"acquisition/disposition of land" exception that was cited to close the meeting. Applicability of the "personal matters" or "solicitor/client privilege" exceptions 45 Some of those we interviewed suggested that discussions of possible "misconduct" on the part of municipal staff and officials might constitute "personal information" for the purposes of s. 239(2)(c). I also considered whether the "solicitor-client privilege" (s. 239(2)(1)) exception to the open meeting laws applied to the October 8, 2013 discussions. 4F. The Art dope not define "nercnnal matters " Ac dicriicced in my recent renort on a meeting of the Municipality of Whitestone in February 2014,6 when reviewing the parameters of the open meeting exceptions, I often consider the case law of the Office of the Information and Privacy Commissioner(the IPC), although it is not binding on our Office. 47 IPC Order MO-2204 noted that, in order to qualify as "personal information," the information must be about an individual in his or her personal capacity, rather than their professional, official or business capacity.' However, information relating, to an individual in their professional, official or business capacity may still qualify as personal information if the information reveals something of a personal nature about the individual. 48 Based on the information my Office collected, particularly from those witnesses with the best recollection of the October 8 meeting, the discussions did not diverge into topics that were "inherently personal in nature,"8 such as an employee's performance or an investigation into his or her conduct.`' s Available at: https://ombudsman.on.ca/Resources/Reports/City-of-Welland.aspx 6 Available at: http://www.ombudsman.on.ca/Resources/Reports/Municipality-of-Whitestone.aspx 7 Order MO-2204,Town of Aylmer)(June 22, 2007) LPC Order P0-2225,Appeal.PA-020089-1,Ontario Rental Housing Tribunal,discussing the distinction between personal and business/professional information. `'Supra note 7. 8 City of Niagara Falls October 8, 2013 closed meeting '_ m b^ $ s m'a f February 2015 49 Although the tone of the councillors in questioning the CAO was heated, any questions raised with respect to "misconduct" were generalized in nature. Their inquiries and the subsequent discussion were focused on collecting facts related to the procurement of the report, the report's contents, and collateral issues, such as the trip to South Korea and India. 50 My conclusion that the discussions did not rise to the level of disclosing personal information is further bolstered by the fact that questions and concerns about procuring the report were already a matter of public record. The Niagara Falls Review had already quoted a councillor saying that council had"never voted" to approve a study on the potential of a post-secondary campus in the downtown.i10 51 Accordingly, the questions about whether the CAO, the Mayor, and the Director of Business Development had complied with their professional obligations, with respect to the report and the trip, were limited to actions taken in their professional capacities. The subject matter of these discussions did not qualify as personal for the purposes of s. 239(2)(c) of the Act. 52 My Office also considered whether the "advice that is subject to solicitor-client privilege" exception in s. 239(2)(f) of the Act could have been cited to exempt the City Solicitor's input on whether the downtown campus item could be discussed in closed session, as well as on the alleged"misconduct"issue. 53 While I concluded that both items could have been discussed in camera, the legal advice provided was, at best, minimal. Furthermore,this would not have been an issue had the meeting proceeded in open session in accordance with the Act. Notice to the public 54 Notice of the 5 p.m. regular council meeting was provided to council and the public, but did not indicate that there would be a closed session at 4 p.m. 55 The Clerk told us that council relies on the press to publicize upcoming closed meetings; however, there is no evidence that this occurred for the October 8, 2013 closed meeting. 56 Although council and some media outlets had received the meeting agenda materials and had advance notice of the closed meeting start time and agenda, the public did not. The public was not present to hear the resolution to go in camera, which was announced prior to the closed session at 4 p.m. Accordingly, the public did not receive notice of the closed session. It)Ray Spiteri,Niagara Falls Review"Councillor questions way university study handled",available online at: http://www.niagarafallsreview.ca/2013/10/03/councillor-questions-way-university-study-handled. 9 City of Niagara Falls ,. ; October 8, 2013 closed meeting :' a.. 'adsa s is t.,1 February 2015 57 My recent report regarding the Township of Black River-Matheson,l I and my previous report regarding the Township of Leeds and Thousand Islands (TLTI), - identif ed that the failure to provide notice of a closed session constitutes a violation of the Act. As I stated in the TLTI report,p. 22: Municipalities are required to issue procedure by-laws that provide for public notice of meetings. If notice of a meeting is not given, whether contrary to a procedure by-law or because the procedure by-law is inherently deficient, it naturally follows that the meeting itself was held in violation of the Act. 58 Given that the public was denied notice of the closed meeting, council's closed session on October 8, 2013 violated the Act. Procedure by-law 59 As we have previously recommended to council for the City of Niagara Falls, and according to s. 238(2) of the Act, council's procedure-by law should be amended to explicitly provide for notice of meetings to the public. 60 The city confirmed that, with the new council term, it has implemented measures to better publicize closed sessions, including ensuring that resolutions to go into closed session before regular council meetings are posted online, and no longer relying solely on the media to publicize closed meetings. Opinion 61 My investigation established that the discussion of the "downtown university" item should not have happened during a closed session; it was therefore an illegal meeting. The entire October 8, 2013 closed session was also in violation of the open meeting requirements of the Act because public notice of closed session was not provided. Available at: https://ombu,dsman.on.ca/Resources/Reports/Township-of-Rlack-River-Mathesoll.aspx 1'Available at: https://ombudsman.on.ca/Files/sitemedia/Images/Reports/TLTI-Nov 13-Final-EN_I.pdf 10 l City of Niagara Falls October 8, 2013 closed meeting " 1SIII February 2015 Recommendations 62 Although the makeup of council has changed since the municipal elections on October 27, 2014, my recommendations apply equally to the newly elected council, and I trust it will follow up on them in the new term. Recommendation 1 The City of Niagara Falls should amend its procedure by-law to explicitly provide for notice to the public of regular and special meetings. Recommendation 2 The City of Niagara Falls should amend its procedure by-law to require that the agenda for open and closed sessions be publicly posted in advance of a regular or special meeting. Recommendation 3 All members of Council for the City of Niagara Falls should ensure that all items for discussion in a closed session are permitted under the exceptions in the Act. Recommendation 4 The City of Niagara Falls should improve its written record of its meetings, and, consistent with s. 239(7) of the Act, a written record of a closed meeting should ideally include reference to: • where the meeting took place; • when the meeting started and adjourned; • who chaired the meeting; • who was in attendance, with specific reference to the clerk or other designated official responsible for recording the meeting; • whether any participants left or arrived while the meeting was in progress and if so, at what time this occurred; • a detailed description of the substantive and procedural matters discussed, including reference to any specific documents considered; • any motions, including who introduced the motion and seconders; and • all votes taken, and all directions given. 11 City of Niagara Falls October 8, 2013 closed meeting 3 ' `= February 2015 Recommendation 5 In the interests of transparency and accountability, the City of Niagara Falls should record audio and/or video of all meetings, open or closed, and store such recordings in a confidential and secure fashion for future reference. Report 63 OMLET staff spoke with the Clerk, CAO, and Mayor on January 20, 2015 to provide an overview of these findings and to give council an opportunity to comment. 64 The CAO and the Mayor expressed disagreement with my Office's findings with respect to the legality of the closed meeting. Specifically, they maintain that the meeting was properly closed because it addressed personal infounation about an individual and the acquisition or disposition of land. Their comments were taken into account in preparing this report. VJ 1VIJ 11.t1V11 JllVU1U VV. J11U1..0 With council and ma-W.,- available to the Yuvuac, as Jvvti as possible, and no later than the next council meeting. Andre Marin Ombudsman of Ontario 12 City of Niagara Falls October 8, 2013 closed meeting u* S i ' O February 2015 Ombudsman Ombudsman Report Investigation into whether Council for the City of Niagara Falls held illegal closed meetings between July 2011 and August 2013 with respect to Marineland "Park Protest" André Marin Ombudsman of Ontario February 2015 Complaints 1 On October 23, 2014, my Office received a complaint that council for the City of Niagara Falls held a number of closed meetings with respect to the local Marineland theme park, with the intent of limiting public protests outside the park. 2 Marineland is an aquarium and theme park that has come under fire in recent years due to allegations of mistreatment of some animals in its care.' The complaint was the subject of a press release from an animal defence group that regularly protests Marineland.2 Ombudsman jurisdiction 3 Under the Municipal Act, 2001, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 4 As of January 1, 2008, the Act gives citizens the right to request an investigation into whether a municipality has properly closed a meeting to the public. Municipalities may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for n.unietnYaltttes that have n^t appointerl their rr.tx/n b`" Y t' 5 My Office is the closed meeting investigator for the City of Niagara Falls. 6 In investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipal procedure by-law have been observed. See for example: CBC News, "Marineland's killer whale is ill,animal rights group says"(August 1,2014) <http://www.ebe.ca/news/canada/torontolmarineland-s-killer-whale-is-ill-animal-rights-group-says- 1.272.5370>; Tony Ricciuto,'-End of the season protest at Marineland"Niagara Falls Review(October 12, 2014)<http://www.niagarafallsreview.ca/2014/10/12/end-of-the-season-protest-at-marineland>. Marineland Animal Defense,"Marineland Animal Defense Files Ombudsman Complaint Against Niagara Falls City Council"(October 23,2014)<hup://marinelandanimaldefense.com/2014/10/23/press-release- marineland-animal-defense-files-ombudsman-complaint-against-niagara-falls-city-council/>. 2 City of Niagara Falls "Park Protest" 5 u? s -_ lu/v 2011-August 2013 meetings February 2015 The 2014 municipal election 7 The municipal election was held on October 27, 2014. The Mayor was re-elected, three new councillors were elected, and five councillors were re-elected. 8 In this report, all mentions of the Mayor and council refer to those who were in office at the time of the meetings relevant to the complaint (i.e., between July 2011 and August 2013). Investigative process 9 Members of my Office's Open Meeting Law Enforcement Team (OMLET) reviewed relevant portions of the city's procedure by-law and the Act, as well as the resolutions, agendas and minutes of open and closed meetings at which Marineland was discussed. They also reviewed information relating to other meetings between council members and city staff relating to Marineland. The information reviewed came from the materials the complainant provided to our office, from the Clerk, and from the city's website. 10 My Office received full co-operation in this matter. Council procedure 11 The City of Niagara Falls' procedure by-law (89-155, as amended) contemplates that regular council meetings are held at 6 p.m. on the dates set out in a schedule to the by-law, unless otherwise provided by special resolution of council. 12 According to the city's website, council meetings are held on Tuesday nights and start at 5 p.m. A calendar of meetings for the year is provided on the site, with a notice that the schedule is subject to change. The website also states that agendas for each Tuesday meeting are posted there on the previous Thursday. 13 Notice of special meetings is to be provided to each member of council at least 48 hours in advance, with a list of all items to be dealt with. 14 While the Municipal Act does not specify how notice of meetings must be provided to the public, it does state that every municipality must pass a procedure by-law that provides for public notice of meetings.' The City of Niagara Falls' 's 238(2.1). 3 0 City of Niagara Falls "Park Protest" ) U .i S?T)a f July 2011-August 2013 meetings February 2015 procedure by-law does not contain provisions related specifically to notice to the public of special meetings. 15 Under the heading "Proceedings in Committee of the Whole," the procedure by- law provides that before holding a closed session, a motion is required, stating that a closed meeting is to be held and the general nature of the matter(s) to be considered. 16 The city's website states that"Council may have a Closed Meeting preceding the Council meeting,between 4 and 5:00 p.m., in compliance with s. 239(2) of the Municipal Act." It goes on to say that resolutions to go into a closed meeting are appended to the agendas and minutes of meetings. 17 In discussions with the Clerk with respect to the city's procedure by-law, my Office was informed that the Clerk will update the by-law in the near future in order to better reflect current council practice, as reflected by the information available on the city's website. Meetings regarding Marineland Four open sessions and one closed 18 Proposals with respect to city land around Marineland were discussed at formal council meetings on five occasions, four of them in open session and one in closed session. 19 In open session at the meeting of April 24, 2012, a proposal from Marineland to lease city land"to enable beautification efforts at their entrance and exit"was referred by council to staff for consideration. The proposal had been received in correspondence dated April 18, 2012, from the owner of Marineland. It included site drawings and a request for assistance with respect to the necessary approvals from the regional municipality. It also included a request that the proposal be expedited to allow for planting as soon as possible. 20 On May 29, 2012, a closed session of the Committee of the Whole was held. The agenda for the public meeting on this day shows that a closed session was to be held after the open session. The resolution to close the meeting was appended to the agenda, as follows: ...THAT on May 29, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject 4 City of Niagara Falls "Park Protest" Ombudsman July 2011-August 2013 meetings February 2015 matter of 239(2)(a) security of the property of the municipality, 239(2)(b) personal matters about an identifiable individual, and 239(2)(f), advice that is subject to solicitor-client privilege related to properties at 7657 Portage Road and City owned lands on Sherk Road. 21 The Marineland proposal was discussed under the solicitor-client privilege exception as it related to "properties at 7657 Portage Road."The other exceptions listed in the resolution and the Sherk Road matter did not relate to Marineland. 22 The public minutes of the Committee of the Whole state, under"Adjournment": "[O]n the Motion of Councillor Morocco, seconded by Councillor Mayes that the meeting be adjourned at 4:30 and Council move In Camera." 23 The minutes of the closed session indicate that all councillors were present, as were 10 city staff, including the Clerk and the City Solicitor. A report prepared by the solicitor relating to Marineland's offer to lease city property was discussed. The minutes show that a resolution was passed to direct staff to publish public notices with respect to the intended disposition of the land and to prepare a lease agreement for future council consideration, with one councillor opposing the motion. 24 Council reported back publicly once it came out of the closed session. The open meeting minutes reproduce the closed session resolution that was appended to the agenda of the Committee of the Whole meeting, as above. 25 In open session at its meeting on June 12, 2012, council discussed a by-law"to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. for the specified area." Members of the public were given an opportunity to voice their concerns. They stated that the lease was an attempt to prevent peaceful protest; that council should defer the matter until more information was available about who would control utilities on the leased land; that the beautification rationale for the lease was questionable; and, that a lease was unnecessary as a licence was sufficient to allow for beautification projects. A representative for Marineland spoke, stating that the lease was only for a portion of the frontage owned by the city, that access to utilities would not be affected, and that the other concerns raised were irrelevant, as council has no jurisdiction over Marineland's practices. The motion to execute the lease agreement passed, with two councilors opposed. 26 In open session at its meeting on July 9, 2013, council discussed a request(dated June 20, 2013) from Marineland's counsel for additional leased land and traffic 5 City of Niagara Falls "Park Protest" UrnD uC S m 11 July 2011-August 2013 meetings February 2015 T signals at the park entrance. It outlined safety concerns relating to the proximity of pedestrians and vehicles at the entrance to Marineland, especially when pedestrians seek to approach the vehicles. It stated that Marineland would cover the installation costs of the traffic signal. The letter also requested lease agreements for additional parcels of land on the same terms as the previous lease in order to provide a safety butler between vehicles and pedestrians. Finally, it asked that council expedite consideration of these requests. Marineland's counsel spoke at the meeting. Council voted to direct staff"to move forward on the traffic light request and ... come back with the proposed leases for consideration at the next meeting," with two councillors opposed. 27 In open session at its meeting on August 13, 2013, council received a staff report on the lease agreements (prepared in the wake of the direction on July 9). The report cites concerns about safety at Marineland and the orderly operation of the WEGO bus stop.4 The report states: "If Council elects to lease the subject parcels of land to Marineland, the public will not enjoy a right of passage over them during the term of the Lease."Council also received correspondence from two individuals who opposed the city's actions. Marineland's counsel spoke at the meeting about the need for the property. Members of the public raised various concerns, including that the leases created an unsafe environment for pedestrians and were an attempt to thwart protests, that no evidence of confrontations between protesters and the public existed, and that the "beautification"purpose of the prior lease was not demonstrated. Council approved the lease agreements for additional parcels of land on the same terms as the lease of June 12, 2012, with two councilors opposed. Analysis of the closed session 28 The portion of the meeting of May 29, 2012 in relation to Marineland was closed in accordance with section 239 of the Municipal Act. The resolution to go into a closed session cited the exception that permits a meeting to be closed to receive advice that is subject to solicitor-client privilege.' 29 This exception can only be used when some advice from a solicitor or related communication actually exists for council's consideration. Communication will only be found to be subject to solicitor-client privilege if it is: (a) between a client and his or her solicitor, where the solicitor is acting in a professional capacity; (b) 4 WEGO is a local transit service that connects visitors to various Niagara Falls attractions. para 239(I)(t). 6 City of Niagara Falls "Park Protest' rn oa 1 .I.1i til July 2011-August 2013 meetings February 2015 made in relation to the seeking or receiving of legal advice; and(c) intended to be confidential. 30 The meeting involved discussing the advice of the city's solicitor with respect to the lease proposal from Marineland, and therefore fell within the closed meeting exception for advice that is subject to solicitor-client privilege. 31 Given the nature of the report, the closed session may have been further justified under the "acquisition and disposition of land" exception, as well as the "solicitor- client privilege" exception. In my Office's review of a meeting of the Township of Billings in April 2010, I found that a lease agreement may be discussed in camera under the acquisition and disposition of land exception.' 32 The Municipal Act prohibits voting during a closed session unless the vote is for a procedural matter, or for giving directions to staff.' The vote taken during the closed session was in order to provide direction to staff and was therefore permissible under the Act. "Operational meetings" involving members of council 33 Several meetings with respect to Marineland were held between various council members, city staff and representatives from the Niagara Regional Police, as well as from Marineland. 34 City staff informed my Office that such meetings among staff and stakeholders are common to allow for the exploration of issues raised by constituents. They consider these to be "operational meetings". I have adopted this tern for the purposes of this report. 35 My Office confirmed that four operational meetings took place, as follows: 1. July 29, 2011: Mayor Diodati, Councillor Thomson, a representative from the Niagara Regional Police, and the owner of Marineland were present; 2. October, 6, 2011: Mayor Diodati, Councillors Thomson and Kerrio, the Clerk and four other staff members, representatives from Niagara Regional Police, the owner of Marineland, and the head of security of Marineland were present. 6 Solosky v. the Queen. [1980] 1 S.C.R. 821 at p. 837. Letter of July 7,2010. 8 s 239(5),(6)(b). 7 City of Niagara Falls "Park Protest" Ombudsman July 2011-August 2013 meetings February 2015 3. March 28, 2012: Mayor Diodati, Councillor Thomson, the Clerk and the Chief Administrative Officer were present. 4. June 18, 2013: Mayor Diodati, Councillor Thomson, staff members, representatives from Niagara Regional Police, the owner of iviarineiand, and Marineland's solicitor were present. 36 One other operational meeting was referred to in the documentation we reviewed. It was to have been held on March 19, 2012, with the Mayor, the Clerk and the Chief Administrative Officer. The Clerk informed our Office that he was away that day and that the meeting was rescheduled to March 28, 2012, as indicated above. 37 According to the documentation, the meetings on October 6, 2011 and June 13, 2013 took place in a committee room at City Hall. The two others were in the Mayor's office. All were convened in order to discuss the concerns of Marineland about protests outside the park, and to explore the options available to respond to them, including the possibility of lease agreements with the city. 38 The first three of the operational meetings took place before the April 18, 2012 proposal from Marineland. The operational meeting of June 18, 2013 was followed two days later by the letter from ivlarineland s counsel that was discussed at the July 9, 2013 council meeting. Analysis of the operational meetings 39 The Municipal Act, 2001 defines a "meeting" as "any regular, special or other meeting of a council, of a local board or of a committee of either of them."`' This definition is circular and not particularly helpful in determining whether a meeting has actually occurred. 40 In a 2008 rep Tort 10 through review ofthee relevant .rase law 'and keeping in mind the underlying objectives of open meeting legislation, I developed a working definition of"meeting" to assist in applying the taw: Members of council (or a committee) must come together for the purpose of exercising the power or authority of the council 9s238(1). 1°Ombudsman of Ontario,Don't Let the Sun Go Down on k/c: Opening the Door on the Elton John Ticket Scandal(April 25, 2008),online: http:i/www.ombudsman.on.ca/Filesisitemedia%Documents/Resources:ReportsAlunicipaliSudburyRepo rtEng2_2.pdf. 8 City of Niagara Falls "Park Protest" ( }u u d s im a fl July 2011-August 2013 meetings February 2015 (or committee), or for the purpose of doing the groundwork necessary to exercise that power or authority. 41 This definition remains consistent with leading interpretations of the open meetings law and reinforces the right of the public to observe municipal government in process. 42 When determining if a meeting has occurred, the concept of a legal quorum is an important consideration. Alone, it is not conclusive, but having a quorum means a sufficient number of members are present to legally transact business. It is obvious that once a gathering constitutes a quorum of a council or committee, the opportunity and risk of those individuals collectively exercising their authority increases. 43 In the present case, out of nine council members, only two or three attended the operational meetings discussed above, far from the 50 percent of council members required for legal quorum. Furthermore, our investigation did not substantiate that any council decision-making took place or that the groundwork for future decisions was laid. 44 It should be noted that the Municipal Act, 2001 does not prohibit members of council, committees and local boards from ever discussing city business outside of a formal meeting. It is expected that some informal conversations about municipal business will take place amongst individual members of such bodies. As I observed in a past report involving the council for the City of London: It is a healthy thing in a democracy for government officials to share information informally before making policy decisions. I agree that to expect council members never to talk to one another outside of a public meeting is unrealistic and would have the effect of unnecessarily chilling speech.11 45 The Niagara Falls council members who attended the operational meetings were not coming together for the purpose of exercising the power or authority of council. Accordingly, the meetings did not constitute meetings for the purposes of the Municipal Act. Council did ultimately deal with Marineland's proposal for a lease agreement, but this issue was not on the agenda until formal proposals were brought to council, after the informal discussions took place. The proposals were considered in open session of council or, in the case of the meeting on May 29, Ombudsman of Ontario,In the Back Roam: Investigation into whether members of Council for the City of London held an improper closed meeting on February 23,2013 (October 2013),online: https://ombudsman.on.ca/Files/sitemedia/Images/Reports/London B1 Final-EN_1.pdf 9 City of Niagara Falls "Park Protest" lrw 'na Cl July 2011-August 2013 meetings February 2015 2012, in a session that was closed in accordance with the requirements of the Municipal Act. Opinion 46 The closed session of May 29, 2012 was justified under the exception for advice that is subject to solicitor-client privilege, under section 239(2)(f) of the Municipal Act, 2001. 47 The operational meetings of July 29, 2011, October 6, 2011, March 28, 2012 and June 18, 2013 did not constitute meetings for the purposes of the open meeting provisions of the Municipal Act, 2001. 48 Under the circumstances, it is my opinion that the closed session of council and these operational meetings did not violate the open meeting provisions of the Municipal Act, 2001. 49 However, I am making two recommendations to improve the City of Niagara Falls' procedure by-law. Recommendations Recommendation 1 The City of Niagara Falls should amend its procedure by-law to reflect council's practice of meeting at 5 p.m. as opposed to 6 p.m. Recommendation 2 The City of Niagara Falls should amend its procedure by-law to explicitly provide for notice to the public of special meetings. 10 0 City of Niagara Falls "Park Protest" Ombudsman July 201 1-August 2013 meetings February 2015 Report 50 Staff from my Office spoke with the Mayor and the Clerk on February 19, 2015, to provide an overview of these findings, and to give the city an opportunity to comment. Their response was taken into account in preparing this report. 51 This report should be shared with council for the City of Niagara Falls and made available to the public as soon as possible, and no later than the next council meeting. André Marin Ombudsman of Ontario 11 ry City of Niagara Falls "Park Protest'. ,... 's. 1 b .i s(FYI a i) July 2011-August 2013 meetings February 2015 / PBD-2015-10 Niagaraaa11s March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-10 DB-2015-001 Deeming By-law Application Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 & Block 15 and 16, Plan 59M237 Applicant: Perry and Christine Little RECOMMENDATION That Council pass the by-law appearing on tonight's agenda to deem Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 & Block 15 and 16, Plan 59M237 to no longer be within the registered plans of subdivision, to enable them to merge. EXECUTIVE SUMMARY Perry and Christine Little have requested that Council pass a deeming by-law under the Planning Act for Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 & Block 15 and 16, Plan 59M237, so that they will no longer be within the registered plans of subdivision. This will allow the lands to merge and become one parcel. The lands are zoned Residential Single Family 1C Density (R1 C) in accordance with Zoning By-law No. 79-200, which would permit the construction of a single detached dwelling on the new parcel. The necessary deeming by-law is included in tonight's agenda. BACKGROUND Proposal Perry and Christine Little have submitted a request to deem Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 & Block 15 and 16, Plan 59M237 to no longer be within the registered plans of subdivision. This will allow the lands to merge and allow the construction of a single detached dwelling. The subject lands are located on the south side of Claude Avenue. Refer to Schedule 1 for the location of the lands. ANALYSIS/RATIONALE The vacant triangular property described as Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 (Schedule 2) are within the Carol Plan of Subdivision which was registered in 1986. Block 15 is land that was left over when the subdivision was designed. Block 27 is a parcel of land that contains an easement in favour of the City to maintain a rear yard catch basin. Part 1 on Plan 59R-9866 was removed from Block 15 in 1997 and added to Lot 14 in the abutting subdivision to create a more regularly-shaped parcel. 2 PBD-2015-10 March 10, 2015 The vacant triangular property abutting to the east and described as Blocks 15 and 16, Plan 59M237 are located within the Carol Subdivision Extension plan of subdivision which was registered in 1997 (Schedule 2). Similar to Block 15 in the Carol Subdivision, Block 15 in this pian is land that was left over when the subdivision was designed. Block 16 is related to the aforementioned easement. The lands are zoned Residential Single Family 1C Density (R1C) in accordance with Zoning By-law No. 79-200. The lands cannot be developed independently as they do not comply with the requirements of R1C zone. The merger of all the lands to create a developable parcel has been anticipated since they were created through their respective plans of subdivision. Once merged, the lands will meet the regulatory provisions of the Zoning By-law and will permit the issuance of a Building Permit for a single detached dwelling. A deeming by-law removes the special status granted to a whole lot and a block within a registered plan of subdivision for the purpose of subdivision control under the Planning Act. The passing of the requested deeming by-law and its registration will allow the legal merger of the subject lands. The City is interested in maintaining the easement that is rcriic+crcri n%Ior RIn,sI` `)7 fir +ho main+cnnnr-,o of +ho roar vorrwl vMtnh kncin Iloominn this Block will not remove the City's easement. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Future development on the lands will be subject to applicable Development Charges. CITY'S STRATEGIC COMMITMENT The proposal supports Council's strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Plan of Subdivision Recommended by: ' !,, 'j Alex Herlovitch, Director of Planning, Building & Development Respectfully submitte : Ul1/41 / - , —Ke Todd, Chie Administrative Officer A.Dilwaria:mb Attach. S.\PDR\2015\PBD-2015-010, DB-2015-001, Blocks 15, 16&27 South Side of Claude Ave.docx 3 PBD-2015-10 March 10, 2015 SCHEDULE 1 iJ q4 1:2353 4C3 QOM G..AUDE AV HILLCREST CR HILLCRESj g THERESA ST LEVINE ST 9 _ tAp,CPHERSON CR rn r- -G 4 PBD-2015-10 March 10, 2015 SCHEDULE 2 c c73 co a. LD , 00 Cr) egi C\i .......„ 77 '6).— -... 4.'N'' 2 n . .o ....... Co .. / rte- gaga X 0 i M ~pp Qj /y t O7$1 ..-— • Q lJ 2 z / i aac L+:_ `.bkd t.L ( ) / / / n y O '►.y S 0 L • ,/s/ It- i. 890/ m °/ / // o .....`/ / / il i //7 rE, +8N S 1•• / / / y, N 4- 1 i 'cti.,. m \ (T) ..,.. ,Vs\11:1c2X .o .. ; i• s h -.. Fi 016 b inns / :L) '-.r:• ` , 4 ;ti°7 •i wA '\ / R SQ N • :" 0— :, \..>-\ 4-- ' 'NNN,,,41119(,! (I I 0,„,,,, . a J 1 n-- / , . IX; TS-2015-05 Niagaraaalls March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-05 Jepson Street— Parking Review RECOMMENDATION That the existing "No Parking At All Times" restriction on the north side of Jepson Street from Victoria Avenue to a point 12 metres east of Victoria Avenue be extended to a point 50 metres east of Victoria Avenue. EXECUTIVE SUMMARY An extension to the existing parking restriction is warranted on the north side of Jepson Street between Victoria Avenue and Rice Crescent to ensure that driveways are not obstructed. BACKGROUND In response to a concern regarding drivers parking their vehicles too close to driveways on Jepson Street east of Victoria Avenue, Transportation Staff carried out a parking review to determine whether revisions to the existing parking restrictions are warranted. Staff carried out observations of parking activity, reviewed the on-street and off-street parking accommodations of the abutting properties and performed a collision analysis. A questionnaire was also delivered to all residents and business operators that have frontage on this section of Jepson Street to acquire their input. In the study area, Jepson Street is a local roadway that is 7.8 metres wide. The road cross-section consists of a curb face sidewalk on both sides. The street is predominantly residential, consisting of single family dwellings. The two corner properties on the east side of Victoria Avenue at Jepson Street have driveways on Jepson Street. In addition, four businesses that front Victoria Avenue have their only off-street parking from a shared access from Jepson Street. At the present time, parking is restricted at all times on the north side of Jepson Street between Victoria Avenue and point 12 metres east of Victoria Avenue. The south side of Jepson Street is signed as a "no parking" zone from Victoria Avenue to St. Lawrence Avenue. 2 TS-2015-05 March 10, 2015 ANALYSIS/RATIONALE Observations revealed that there is consistent parking activity on the north side of Jepson Street close to Victoria Avenue throughout the day. Motorists exiting either one of the two commercial driveways closest of Victoria Avenue were observed to experience difficulty seeing passing traffic on Jepson Street as well as manoeuvring when vehicles are parked on either side of these driveways. The distance between the two commercial driveways does not allow a vehicle to park without encroaching into the required 1.5 metre setback from either access. The parking area behind 5074 Victoria Avenue does not offer enough space for drivers to turn their vehicle around, thus they need to reverse back onto Jepson Street. Questionnaires delivered to all residents and business operators on Jepson Street between Victoria Avenue and Rice Crescent revealed that a consensus was not established. Of the 13 delivered questionnaires, 4 responses were received, which constitutes a 31% response rate. Three respondents preferred that the parking restriction be extended, whereas one respondent preferred that the existing parking control is maintained. Despite the low questionnaire response rate, the extension of the existing parking restriction on the north side of Jepson Street is recommended by Staff to mitigate concerns with drivers parking within the driveway approach. The 38-metre parking restriction extension will eliminate one available on-street parking space, which will imnrnuP ririvar c ight linec fnr hnth riirertinnc anri 2lcn nrnvirie arirlitinnai mannenvring space for persons exiting the commercial businesses. Residents and business operators were advised of Staff's recommendation through a letter and no objections were received. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the additional "No Parking" sign is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the 2015 General Purposes Budget. Cost studies estimate that the cost to install the sign is approximately $150. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. 3 TS-2015-05 March 10, 2015 LIST OF ATTACHMENTS February 5, 2015 Letter Study Area Drawing Recommended by: Karl Dren, Director • Transportation Services 4 Respectfully submitted: c„c\Ken Todd, Chief Administrative Officer W ri 1.■ y.tg'. = r&dFu a.w, H" I' 0 2 , .„ ttci : e v :fit } _ .-i} '. . - T. . ,..t . , , „..7 .,.. . . : f .•meq'$A ':m ». a? •.> N 1 • Nf {■ U. O U U) CD .,„..:-,ti ..--t. : 114.-- -. ,4‘ , - -.-, _Jrn'o.•.- - -''''',- - -,:r.-;",\t-44 " ci„ t ",,-.4-04p' 5 AeF a" xyk ' " "R $ 1 .'" O 6.•,.,Z s '`sem ` -s, 8' .. ;p. t ,-„1,0„t: tum0^„,`. 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" ° it t 4 $ :+ Niagaraaalls February 5, 2015 RE: Jepson Street between Victoria Avenue and Rice Crescent Parking Review Dear Resident/Business Operator: A questionnaire was delivered to your residence/business on January 8,2015 requesting your input concerning parking on Jepson Street between Victoria Avenue and Rice Crescent. The concern stemmed from vehicles that are parked very close to driveways making it difficult for persons to exit their driveways due to lack of turning space and restricted sight lines. At the present time,parking is restricted at all times on the north side of Jepson Street between Victoria Avenue and point 12 metres east of Victoria Avenue. The south side of Jepson Street is signed as a"no parking" zone from Victoria Avenue to St. Lawrence Avenue. Observations revealed that there is consistent parking activity on the north side of Jepson Street close to Victoria Avenue throughout the day. Staff observed that a vehicle parked on the north side of the road between the two commercial driveways made it difficult for a driver entering or exiting either driveway to carry out their turning movement. In addition the parked vehicles obstructed their view of passing traffic on Jepson Street. Although a consensus was not reached through the questionnaires, Staff is recommending that the existing parking restriction on the north side of Jepson Street be extended to a point 50 metres east of Victoria Avenue. This would prevent drivers from parking between the two commercial accesses, as well as the first residential dwelling. Please refer to the enclosed drawing illustrating the extent of the proposed extension of the parking restriction. We invite your input on these recommended parking changes by February 13,2015. Please feel free to contact the undersigned should you have any questions. Yours truly, ii' Bart Skiba Traffic Technologist S:\TPS\TPS 7.00 Traffic EngineeringvfPS 7.08 Studies\7.08.1 Street Nepson Street-Driveway Access Review-December 2014\CorrespondenceVepson Street letter.wpd Transportation Services Working Together to Serve Our Community Ext 5201 Fax 905-356-7404 bskiba@niagarafalls.ca • Ky} Box 1023,Niagara Falls,.ON,Canada L2E6X5 905-356-7521 www.niagarafalls.ca J -prr TS-2015-06 Niagarajalls March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-06 Emery Street between Banker Avenue and Temperance Avenue - Parking Review RECOMMENDATIONS 1. That parking is restricted on the south side of Emery Street between Temperance Avenue and Banker Avenue. 2. That parking is restricted on the north side of Emery Street from Temperance Avenue to a point 10 metres west of Temperance Avenue. EXECUTIVE SUMMARY The recommended parking control will restrict parking on the south side of Emery Street between Temperance Avenue and Banker Avenue. The existing 2-hour parking zone in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and Holidays will remain on the north side, except for a short corner parking restriction west of Temperance Avenue. BACKGROUND Emery Street is a local residential road that extends from Stanley Avenue to Banker Avenue. Between Banker Avenue and Temperance Avenue, the road is 8.5 metres wide with a curb face sidewalk on each side. Currently, there is a 2-hour parking zone on both sides of Emery Street between Temperance Avenue and Banker Avenue, in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and Holidays. Emery Street is one block south of the Greater Niagara General Hospital. Staff carried out a parking review of Emery Street in May 2014. The concern stemmed from hospital visitors parking on both sides of Emery Street making it difficult for drivers to proceed through. Observations revealed that vehicles were regularly seen parked on both sides of Emery Street though the clearance available was sufficient to allow one direction of traffic to safely proceed. Residents were given the opportunity to comment on the parking situation and their parking preference via a questionnaire. The minimum 2 TS-2015-06 March 10, 2015 response rate for the block was not achieved as only three of the 18 residents replied, representing a 17% response rate. ANALYSIS/RATIONALE Transportation Staff was recently asked to reassess the parking situation. Additional site investigations identified that the parking pattern has remained consistent. However, with the winter season, snow banks along the edge of the road combined with parked cars on both sides opposite of each other significantly reduced the width of the through traffic lane. As there are curb face sidewalks on both sides, the plough operator deposits snow along the edge of the road rather than ploughing the snow onto the sidewalk. The 8.5 metre road width was reduced by 2 metres to account for the windrow on each side. Parked ` vehicles on both sides further reduced the available clearance for through traffic to . ` '' #.I s 3.0 metres. On garbage - t „ ;' nnllorfinn clot, it inn a nntorl ' k' t rruv that a garbage truck driver did ' r ' ° not attempt to drive down the ,,„ :P _.. street to collect garbage as he „,,,,;;.4,77,4p:‘,,,,= 4::::,:.„7::::;,...,,,:,..;:::,...:::„).:1 • x , was not comfortable trying to bypass the narked cars- ' R` Residents have concerns that x `° the driver of an ambulance or fire truck would also be obstructed if they had to 4 ' ” , respond to an emergency on ... ,u . . .. .vr'• ' the street. Given the foregoing, Staff delivered a follow up questionnaire to each resident of the road segment identifying that some form of a parking restriction is warranted from a safety perspective to mitigate the observed parking issue. Responses from nine (9) residents were received from the nineteen residents petitioned, which represents a 47% response rate. Six homeowners preferred that parking be restricted on one side of the street and to maintain the 2-hour parking zone on the other side. The majority of respondents preferred that parking be restricted on the south side of EmeryStreet. Three residents preferred that parking is restricted during the winter months on one side of the street. Although Staff did not receive at least 60% response rate, ai parking restriction is warranted from a safety perspective. Transportation Staff is therefore recommending that parking be prohibited on the south side of Emery Street from Temperance Avenue and Banker Avenue. Parking is also recommended to be prohibited on the north side of 3 TS-2015-06 March 10, 2015 Emery Street from Temperance Avenue to a point 10 metres west of Temperance Avenue to prevent drivers from parking too close to the intersection. Residents were advised of Staff's recommendation through a letter and no objections were received. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $500. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS February 17, 2015 Letter Study Area drawing. Recommended by: /:7' -; Karl Dren, Director of Transportation Services .tt,....Li /by' Respectfully submitted: o,,, ç \Ken Todd, Chief Administrative Officer „,,,...,1.,,‘,.,,-.:,,,..4 1-... ,: -.:i . ,.,,,,.„: -,. *I ,.. :,:1,,.....7.....4x,,,4,..iiikr, . x h ' h O I rye+ . Y kW akn4 ,r L p a as t". a ...: .....,:1-;;-ir,.-_,;,,,,,,,Tis;;,.,',,...T., - t. y Ft'::::::',' ft ,' * fI' 1 ...:,..z.„.:`:. afa 'j y moi'%'"g' w \ rW ,"., ; ' 1...ffe, ..e ` • L 1.2 I' 1. rtv ", O CO Ci 06 s• I - ° jam`.. (n O U .'`A O X X ,_ . W a0 W Nd .,_ ■ ” .. ' . ,... : ■ • • r.2t i ' ■ xl II ■ .. ■ orouxaa.z j,,. 3r , y -w"` a 24. 17,..,=-A. a) Q ) C ` C6 I— W tOS — .{ ni; ttms's 4 k•T' t ' N -* i g A had s February 17, 2015 RE: Emery Street between Temperance Avenue and Hanker Avenue Proposed Parking Signage Dear Resident: A questionnaire was delivered to your residence on February 6, 2015 requesting your input concerning parking on Emery Street between Temperance Avenue and Banker Avenue. Eight responses were received, in which six residents preferred that parking be restricted on one side of the road. Therefore, City Staff will be recommending that the south side of Emery Street be signed as a No Parking zone. In addition, Staff is recommending that a 10-metre segment of the north side of Emery Street, west of Temperance Avenue also be signed as a No Parking zone to prevent drivers from parking near the intersection. The remainder of the north side of Emery Street is recommended to remain as a 2-hour parking zone, between 8:00 a.m. and 6:00 p.m., except on Sundays and Holidays. Please refer to the map on the reverse side of this letter illustrating the extent of the proposed parking controls. A report to City Council recommending the above changes is tentatively scheduled for March 10, 2015. If you have any comments on these recommended parking changes,please feel free to contact the undersigned through any of the following means by Monday,February 23,2015: Mail or MacBain Community Centre Phone: (905) 356-7521, extension 5214 In Person: 7150 Montrose Road, Unit 1 Facsimile: (905) 356-7404 Niagara Falls, Ontario 1,211 3N3 Email:jgruhich@niagarafalls.ca Yours truly, John Grubich, C,E.T. _._ Traffic Planning Supervisor TN 7 Otit I ratite EngmeenngA IPo 7 08 StudiesD8 r Suet'Hi rnery Street-' aku)KRtnotn, Febntary 2015Letter to re;i7ents Feb 20(i S',VIA Transportation Services Working Together to Serve Our Community Ext 5214 Fax 905-356-7404 jgrubich@niagarafalls.ca • $ PAY 3g . . "motntagarataiis.ca u';- ,/ TS-2015-07 Niagara)alis March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-07 Royal Manor Drive @ Strathmore Crescent Intersection Control Review RECOMMENDATION That a yield sign is installed facing traffic for each of the three minor approaches at the Royal Manor Drive and Strathmore Crescent intersection. EXECUTIVE SUMMARY A yield sign is warranted at three locations where Strathmore Crescent and Royal Manor Drive intersect. The traffic control will clearly assign the right-of-way to motorists at the three intersecting points. BACKGROUND City Staff has been requested to investigate the feasibility of installing some form of traffic control at the intersection of Royal Manor Drive at Strathmore Crescent closest to Lundy's Lane. The junction of Royal Manor Drive and Strathmore Crescent is divided by a large triangular grassed area resulting in three closely spaced intersections. Currently, there is no control at any of the three locations. ANALYSIS/RATIONALE Study results indicate that a yield control is the most appropriate traffic control at the southern intersection. The visibility triangle requirement for the basic right-of-way rule at the southern intersection is met given the large grass median. However, if southbound drivers on both roads meet simultaneously, priority should be given to drivers on the western leg of Royal Manor Drive as it is the collector road that extends through the entire neighbourhood. A yield sign is recommended at the two other intersections facing traffic on the minor road approaches. A collision review revealed that no collisions have been reported in the area in the previous three-year period. 2 TS-2015-07 March 10, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The ii s+a!n!a+'uof the yield signs i5 carried out by Transportation Jc'viics staff. Thec labour and material cost is accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $1,200. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Karl Dren, Director of Transportation Services I l) Respectfully submitted: ‘; (1 Ken Todd, Chief Administrative Officer 4.- ,-.. ki. ,. ' • „V .7.; it-,:- 1 --../.8/4--/,__ g z .:.1.: t 3 ; s C mt A } ID 3rd • x g v„ ° t JJ « ' ° Q l I.';';" .;;;; '41--1.7,711,0t,.1.:*:.; 'Lig,7—' .' ' - - _ °0> c 0aP , < _irt .Re.'% '. ...- x . ap x a , c S to U,A.,,...---- • i.,,, ::,',_„,, •, ,,f,... -:........; ¢ N a gyp } ' . = R y it.A y. /L cp i £ ti L + CS ti O ti O ; - .. CN 0 4 C , . SI‘*444'\1k) ` v: r TS-2015-08 NiagaraFaIl;s March 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2015-08 Snow Clearing Protocol — Transit Stops RECOMMENDATION That this Report be received for the information of Council. EXECUTIVE SUMMARY Niagara Falls Transit has 550 bus stops throughout the municipality and the WEGO system has an additional 80 stops serviced by the Red, Blue, and Purple Lines, which are operated by the City. At the present time, 190 of the combined 630 bus stops are being cleared of snow/ice. This Report will indicate which bus stops are being cleared of snow and ice, how this list was developed, and the protocol employed to inform the contractor when to perform the work. BACKGROUND Niagara Falls Transit and our WEGO buses service 630 bus stops throughout the city. Winter weather conditions can create challenges for residents to access many of these stops. To address this matter, Transit staff introduced a bus stop snow clearing protocol in 2008. The intent was to continue to enhance the program each year in a fiscally responsible approach, based on new services introduced, and ongoing requests to add more stops to our current clearing list of 190 bus stops. The program has been structured to include the following elements; • The successful contractor must be available for snow clearing at the specified Transit Stops List (Attachment 1) from December 2014 to April 2017. • The successful contractor shall be required to supply all tools, equipment, materials and labour necessary to carry out the work while clearing the snow and applying salt at the locations. • The contractor shall ensure the work is completed within 24 hours of receiving the notification from Transit staff. • The contractor shall ensure the specified Transit Stops are cleared in such a manner that snow and ice are not placed on a municipal sidewalk or roadway, or in any manner that will impede the use of any adjoining sidewalk, laneway, driveway, intersection or private property access. • Upon completion of snow clearing at all the bus stops, the contractor shall date and initial that the work has been completed and forward the form back to Transit staff. • The contractor shall ensure the cleared area is 7.6 m (25') for the municipal bus stops and 14.6 m (48') for WEGO stops to address the distance between doorways on the 60 foot articulated buses. Further, the snow shall not be piled in a location which could impede traffic or pedestrian movement. The abovementioned snow removal activities are commenced on a 'call out' basis utilizing the following factors: Weather— Staff review weather reports and receive updates from the Service Centre ieairr i0 U LCI n ui le tr ICU L LII I I LU d(.:LivaLC a ie UUI IILl aL;LUI. III dIIUVV LI IC Ni0L.caa occur in the most fiscally responsible manner as it may snow 2" on day one, and an additional 4" on the following day. The call would be made to clear the stops on the second day to address the full 6" of snow. Also, if there was no snow fall, but a safety concern arose due to freezing rain, staff would engage the contractor to salt the stops to melt the ice. Other Snow Clearing Activities — Staff endeavor to monitor the activities of the municipal road and sidewalk clearing activities, as well as the Region's snow plowing activities to ensure the bus stop clearing activities are constructive. Although timing is often a challenge, staff try to engage the bus stop clearing after the streets and sidewalks have been addressed to reduce the need for multiple call outs per event. ANALYSIS/RATIONALE The list of bus stops to be cleared is reviewed annually with consideration given to the following factors; ridership per stop, proximity to education/medical/retail/municipal, and senior residences. With respect to WEGO stops, all the stops are on the list to be cleared. It is the intent of staff to continue to enhance the program annually by adding bus stops to the list in a fiscally responsible manner. By engaging the 'call out' protocol, Transit staff deem they are able to provide the service in a responsible manner, which LQ1QI aLI1.4.y to effectively clear the stops for safety aid convenience while endeavoring to control the cost associated with clearing 190 bus stops. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 'call out' protocol is the best manner to remain within budget and effectively address the clearing and salting of stops. The cost per 'call out' is $1,977.50. The total annual budget for snow clearing/salting is $45,000.00 ($35,000.00 — City and $10,000.00 - WEGO). The service is contracted and thus, there are no staffing implications. With respect to Legal Implications, slips and falls do occur throughout the city and are addressed on an individual basis through the Risk Management process. CITY'S STRATEGIC COMMITMENT The provision of snow clearing/salting of bus stops supports the City's 2015 - 2018 Strategic Priorities, which includes a commitment to employing a safe, accessible, convenient, integrated, environmentally and fiscally responsible transportation system that provides a City that is truly accessible to locals and visitors. Recommended by: i G` - Lc) Karl Dren, Directpr of Transportation Services ) Respectfully submitted: Ken Todd, Chief Administrative Officer Attachment: Bus Stop Snow Clearing/Salting List Date Completed Initial Transit Bus Stop Locations - 2014 - 2015 List Route Area: Downtown, Queen, Victoria, Ferry, Main Stop # Location 104/108 193 Bridge @ River Rd 104/108 192 Bridge @ Erie (Train Station) 104/108 102 ERIE @ PARK -BUS TERMINAL( TRANSFER PT) Bus Shelter 104 103 Queen @ Ontario (Bus Shelter) 104 104 Queen @ St. Clair (Bus Shelter) 104 106 Queen @ St. Lawrence 104 107 Valleyway @ Queen (Bus Shelter) 102 156 Queen @ Valleyway 102 282 Queen @ St. Lawrence 102 158 Queen @ St. Clair 104/102 189 Queen @ Erie 104 194 Victoria @ Morrison (Bus Shelter) 104 195 Victoria @ Simcoe (Bus Shelter) 104 197 Victoria @ 5175 Shoppers Drug Mart (Bus Shelter) 104 198 Victoria @ Roberts (Bus Shelter) 104 199 Victoria @ Bender Hill 104 208 Victoria @ Centre St 104 206 FERRY @ MAIN (TRANSFER POINT) 110/106/103/101 133 MAIN @ Ferry W/Side (TRANSFER POINT) Bus Shelter 104/107/102 159 MAIN @ Ferry E/Side (TRANSFER PT) Bus Shelter 104 268 FERRY @ MAIN (TRANSFER POINT) 104 271 Ferry @ Fallsview Blvd 104 249 Victoria @ Marriott 104 250 Victoria @ Clifton Hill 104 251 Victoria Eastside @ Walnut Casino Niagara Exit 104 275 Victoria @ Bender Hill 104 276 Victoria @ Jade Garden 104 277 Victoria @ Ryerson 104 278 Victoria @ Jepson 104 279 Victoria © Simcoe 104 280 Victoria © Morrison 104 188 Huron @ St. Clair Date Completed Initial Area: Lundy's Lane Route Stop # Location Date Completed Initial Route Stop # Location Red Line 684 Lundy's Lane @ 8618 Across KOA Campground Red Line 685 Lundy's lane @ 8444 Americana Red Line 936 Lundy's Lane @ Kalar SAN (Bus Shelter) Red Line 331 Lundys Lane @ Greycliffe Manor (Bus Shelter) Red Line _333 Lundys Lane @ Lundy Manor Red Line 332 Lundy's Lane @ 8004 Carriage House' Red Line 334 Lundy's Lane @ 7720 Niagara Lodge & Suites Red Line 335 Lundy's Lane @ 7542 Across Cemetary Red Line 332 Lundys Lane @ Carriage House S/Side Red Line 336 Lundys Lane @ Factory Outlet (Bus Shelter) Red Line 339 Lundys Lane @ Dorchester (Bus Shelter) Red Line 340 Lundys Lane @ Corwin (Bus Shelter) Red Line 341 Lundys Lane @ Carelton Red Line 342 Lundys Lane @ No Frills Bus Shelter) Red Line 343 Lundy's Lane @ 6400 Best Western PIus Red Line 344 L .undy's Lane @ Drummond (Bus Shelter) Red Line 927 Ferry St @ 5678 Super 8 (Bus Shelter) Red Line 926 Stanley @ 6045 I Hop Ramada Red Line 935 Murray Hill @ Fallsview Blvd S/E Red Line 961 Murray @ 5339 Best Western Blue Line 622 Stanley @ 6039 Double Tree Red Line 204 Ferry St @ 5687 Across Super 8 Red Line 285 Lundys Lane @ Drummond Red Line 286 Landys Lane @ Leonard Red Line 287 Lundys Lane @ Highland Red Line 291 Lundys Lane @ Dorchester (Bus Shelter) Red Line 294 Lundy's Lane @ 7389 Across Factory Outlet Mall Red Line 295 LIJNDYS LANE @ MONTROSE (TRANISFER PT) Bus Shelter Red Line 298 Lundy's Lane @ 8033 Orchard Grove F'laza Red Line 938 Lundy's Lane @ Kalar N/E Red Line 939 Lundy's Lane @ 8445 Across Ameicaria Red Line 880 Lundys Lane @ 8625 KOA Campground Red Line 881 Lundy's Lane @ 8845 Scott's Trailer Park Red Line 882 Lundy's Lane West of Garner N/Side Turn -A -Round Date Completed Initial Route Stop # Location 101 804 Dunn @ Cavendish Manor (Bus Shelter) 101 212 Dunn @ Drummond (Bus Shelter) 101 213 Dunn @ Kiwannis (Bus Shelter) 101/111 217 Dorchester @ Dunn (!Bus Shelter) 101/111 219 Dorchester @ Winston 101/111 222 Dorchester @ McLeod (Bus Shelter) 101/111 406 Dorchester @ Dunn Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # 102 419 Erie @ Bridge Across Bus Terminal 102 110 Fourth @ Morrison 102 114 Fourth @ McRae 102 117 McRae @ Stanley 107 168 Valleyway @ Portage (Bus Shelter) 102/107 162 Portage @ Hospital (Bus Shelter) 102/107 130 5559 Portage (across from hospital) (Bus Shelter) 102/107 131 Main @ Summer ( Coronation Center) (Bus Shelter) 102/107 132 MAIN @ FERRY ( TRANSFER POINT) 102 169 Portage @ Portage Manor (Bus Shelter) 102 180 Fourth @ Jepson (Bus Shelter) 102 185 Valleyway @ Morrison St Date Completed Initial Route Stop # Date Completed Initial Route Stop # Location 103/110 255 Culp @ YWCA 103/110 256 Culp @ Drummond 103/110 201 Drummond @ Lundy's Lane S/E Corner 103 259 Drummond @ Victoria Park Tower 103 260 Drummond @ Dunn 103 266 Dorchester @ South of McLeod (West Side) 103 836 Dorchester @ South of McLeod (East Side) 103/112/111 719 McLeod @ Montrose (Bus Shelter) 103/112/111 720 McLeod @ Montrose (Bus Shelter) 103/112 233 Fern Ave @ McLeod Rd 103 241 Drummond @ McLeod (Bus Shelter) 103 246 Drummond @ Dunn (Bus Shelter) Date Completed Initial Route Stop # Location 105 318 McLeod Park (Bus Shelter) 105 321 Kalar @ Coventry 105 322 6730 Kalar ( Bus Shelter) 105 323 Kalar @ Westwood Place (Bus Shelter) 105 337 Kalar Rd @ Lundy's Lane East Side (Bus Shelter) 105 362 Thoroldstone @ Pole # 48-56 Across Shriner's Creek 105 301 K.alar Rd @ Lundy's Lane FreshCo West Side (Bus Shelter) 105 619 Thoroldstone @ Montrose A&W (Bus Shelter) Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 106/101 810 Stanley @ Dixon (Bus Shelter) 106/112 142 6995 Ailanthus (Bus Shelter) 106 584 Portage @ Chippewa Parkway 106 585 Main @ Library (Bus Shelter) 106/112 589 Oliver @ Gunning (Bus Shelter) 106/112 591 Gunning @ Willoughby (Bus Shelter) 106/112 593 Willoughby @ Main 106/112 595 Portage © Niag Parks Comm. (Bus Shelter) 106/101 811 Stanley @ Dixon E/S 106/112 415 .Ailanthus Ave @ Across from Frontena,o East Side 106/112 417 .Ailanthus Ave @ 6858 East Side 106/101 612 Murray St S/E @ Stanley Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 107 166 Valleyway @ Drummond (Bus Shelter) 107 544 Portage @ Stamford Medical Clinic (Bus Shelter) 107/110 533 Drummond @ Lions Club 107 824 Drummond @ Thoroldstone 107 650 Drummond @ Gallinger (Bus Shelter) 107 127 Valleyway @ Drummond (Bus Shelter) Date Completed Initial Route Stop # Location 108 429 Bridge @ First N/E Corner 108 431 Bridge @ Third N/E Corner 108 432 Bridge @ Fourth N/E Corner 108 434 Bridge @ Sixth N/E Corner 108 289 Bridge © Homewood N/E Corner 108 569 Thorold Stone Rd @ Sinnicks North Sicle 108 648 Thoroldstone @ McDonalds 108/114/107 466 Portage @ Stamford Court 108/114/107 467 Sobey's Plaza 108/109/114 662 Dorchester @ Thorold Stone 108/109/114 552 Dorchester @ 4724 Across Optimist Plaza (Bus Shelter) 108/109/114 554 Dorchester @ Freeman 108/109/114 556 Dorchester @ Thoroldstone 108 574 Thorold Stone Rd @ Across from Sinnioks South Side 108 558 Stanley @ George St. (Project Share) 108 136 Bridge @ Homewood S/W Corner 108 478 Bridge @ Sixth S/W Corner 108 480 Bridge @ Fourth SAN Corner 108 481 Bridge @ Third S/W Corner Bridge @ First SAN Corner 108 483 Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 110 801 Morrison © Drummond (N/W) 110 550 Morrison @ Medical Center (Bus Shelter) 110 530 Morrison @ Pole #59-24(Bus Shelter) 110 531 Morrison @ LaMarsh (Bus Shelter) 110 532 Morrison @ Drummond (S/W) (Bus Shelter) Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 112 152 Stanley @ Livingston (Bus Shelter) 112 138 Dunn @ Stanley North Side 112 577 Stanley @ across from Lorreto 112 153 Stanley @ rear Radison Hotel (Bus Shelter) Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 113 223 Montrose @ Across Wayne Eastside 113 225 Montrose @ Wanless S/E Corner 113 364 Montrose © Thoroldstone (Bus Shelter) 113 367 Montrose @ Woodbine 113 370 Montrose @ Watson (Bus Shelter) 113 374 Montrose @ Lundy's Lane Mick & Angelo's (Bus Shelter) Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 114 654 Casey @ Northfield Village 114/108/107 445 Portage @ Coborne 114/108/107 446 Portage @ St. John (Bus shelter) 114 447 Thoroldstone @ Portage 114 448 Thoroldstone @ St. James 114 449 Thoroldstone @ Our Lady of Scapular 114 450 6767 Thoroldstone Across CAA 114/108/114 528 Dorchester @ Freeman (Bus Shelter) 114/108/114 644 Dorchester @ Optimist PLaza (Bus Shelter) Date Completed Initial Route Stop # Location Date Completed Initial Route Stop # Location 109 458 Montrose @ Fairhaven Senior (Bus Shelter) 111 304 Corchester @ Lundy's Lane N/W Corner Pole #69-205 111 408 Dorchester @ Dorchester Manor (Bus Shelter) 111 442 Dorchester @ Lundy's Lane S/E Corner (Bus Shelter) Date Completed Initial Route Stop # Location IMT/109 900 Thorold Stone @ Dorchester N/W Corner Pole 39-5 IMT/109 901 Thorold Stone @ Dorchester S/W Corner Ploe # 39-234 Date Completed Initial WEGO - Blue Line Route Stop # Location Date Completed Initial WEGO - Purple Line Route Stop # Location 873 Fallsview Blvd @ 6755 Marriott (Bus Shelter) 932 Fallsview Blvd @ Durin Embassy Suites 874 Blvd @ 6546 Oakes Inn 875 _Fallsview Fallsview Blvd © 6380 Fallview Casino 940 Clifton Hill @ Niagara River Pkwy N/W 922 Falls Ave © 5705 Casino Niagara 917 Victoria @ 5629 Past Walnut 923 Victoria @ 5765 Montana's 924 Ferry @ 5943 Perkins 925 Ferry @ Buchanan N/E 929 Robinson @ Stanley S/E Wyndham 877 Robinson @ Clark SAN Pyramid Place 928 Skylon Driveway (Bus Shelter) 930 Fallsview Blvd © 6361 Hilton 956 .Fallsview Blvd @ 6455 Four Points Sheraton Date Completed Initial WEGO - Purple Line Route Stop # Location 725 Queen St @ River Rd 870 Clifton Hill @ Niagara River Pkwy S/W CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of March, 2015. 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 10th day of March, 2015 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 tenth day of March, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 10, 2015 Second Reading: March 10, 2015 Third Reading: March 10, 2015