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2015/05/12 Schedule for May 12, 2015 4:45 In Camera Committee Room # 1 5:00 Council Meeting Council Chambers I� , I CI OF ti CA A NIAGARA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001; and THEREFORE BE IT RESOLVED THAT on May 12, 2015 at 4:40 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to receive solicitor-client advice related to the Opening Prayer. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagaraa11sa : COUNCIL MEETING May 12, 2015 ADOPTION OF MINUTES: Council Minutes of April 28, 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 * * * * * CD-2015-06, Opening Prayer BUDGET MATTERS Tina Myers, Winter Festival of Lights Program, will address Council on a capital request for a 3D Projection Mapping project for the Festival's 2015-2016 season F-2015-21 - OLG Reserve Update * * * * * REPORTS FS-2015-02 Open Fire Burning * * * * * * PRESENTATIONS/DEPUTATIONS 6:30 P.M. Kristin French Child Advocacy Centre Niagara Janet Handy and Marlene Derose of the Kristin French Child Advocacy Centre Niagara will advise Council of the organization's activities. * * * * * - 2 - PLANNING MATTERS 7:00 P.M. Public Meeting AM-2015-002, Zoning By-law Amendment Application 3463-3551 and 3517-3525 Portage Road Applicant: CMN Inc. (Mario Carusella) Agent: Michael Allen, ACK Architects Proposal: Proposed Parking Reduction and Shopping Centre Expansion Background Material: Recommendation Report: PBD-2015-17 -AND- Correspondence AND- Correspondence from Mark & Pina Torweihe Public Meeting AM-2014-004, Official Plan and Zoning By-law Amendment Application 5971 Dorchester Road Applicant: Strategy 4 Inc. (Uri Salmona/Jeff Kenny) Proposal: Proposed Apartment Development Background Material: Recommendation Report: PBD-2015-16 -AND- Correspondence from James & Ada Blanchard Correspondence from Marc DiGirolamo, Broderick & Partners Correspondence from Robert and Susan Sherren Correspondence from Joseph & Philomena Prest Correspondence from Georgia and Barry Linney Correspondence from Ross Gillett MISCELLANEOUS PLANNING MATTERS 1 . PBD-2015-18 - Comments regarding the Provincial Review of the Greenbelt Plan, Niagara Escaprment Plan, the Growth Plan for the Greater Golden Horseshoe and the Oak Ridges Moraine Plan 2. PBD-2015-19 - Matters Arising from the Municipal Heritage Committee - 3 - MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Minister Responsible for Seniors Affairs - requesting the month of June 2015 be proclaimed as "Seniors Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. National Public Works Week - requesting that the week of May 17, 2015, be proclaimed as "National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Pride Niagara - requesting the Pride flag be flown for Niagara Pride week, June 1st to 8th. RECOMMENDATION: For the Approval of Council 4. Municipal Heritage Committee - in lieu of a Council rep, requesting the runner-up be appointed to serve on the committee. RECOMMENDATION: For the Consideration of Council 5. Enbridge Ride to Conquer Cancer - requesting a grant equal to the fees related to a building permit for a tent for their annual event. RECOMMENDATION: For the Consideration of Council 6. Monarch Roadshow - requesting provision of a Niagara Transit bus for DSBN school children for the related event. RECOMMENDATION: For the Consideration of Council 7. Downtown BIA - requesting free parking. RECOMMENDATION: To be referred to the Parking Budget for consideration. Additional items for Council's Consideration: the City Clerk will advise of any items for council consideration. - 4 - REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2015-17 - 2015 Property Tax Rates & By-law F-2015-18 - Final Tax Notice Due Date L-2015-17 - Consulting Agreement Purchase Order MW-2015-13 - Drainage Superintendent Appointment RESOLUTIONS THEREFORE BE IT RESOLVED that the City of Niagara Falls, a willing and supportive host of a minimum of two casinos, respectfully requests the Premier and Minister of Finance to direct OLG to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls RATIFICATION OF "IN CAMERA" MATTERS * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2015-48 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stepping Prohibited) 2015-49 A by-law to amend By-law No. 2014-144 being a by-law to amend By-law No. 78-24, the designating by-law for the Old St. John the Evangelist Church, located at 3428 Portage Road as a building of cultural heritage value or interest. - 5 - 2015-50 A by-law to provide for the adoption of Amendment No. 116 to the City of Niagara Falls Official Plan (AM-2014-011). 2015-51 A by-law to amend By-law No. 79-200, to regulate the development of an inn on the Lands (AM-2014-011). 2105-52 A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 3 Stage 3 plan of subdivision on the Lands (AM-2015-001). 2015-53 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2015. 2015-54 A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act, R.S.O. 1990. 2015-55 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of May, 2015. * * * * * NEW BUSINESS CD-2015-06 Niagaraaalls May 12, 20215 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Clerks Department SUBJECT: CD-2015-06 Opening Prayer RECOMMENDATION Council cease with the Opening Prayer/Invocation on the agenda. EXECUTIVE SUMMARY The provision of a prayer or invocation has been part of Niagara Falls City Council proceedings for decades. Human Rights and court decisions have called into question the practise at municipal councils. Staff recommends that the practise cease. In the alternative, Council could consider an opening vision statement, without a religious component, a moment of reflection, playing of 0 Canada or, simply, commencing the proceedings after the Call to Order. BACKGROUND The provision of an Opening prayer has been part of the Council agenda process for many years. A cursory search of the Council minutes shows a prayer since, at least, the 1930's. The Standing Rules of Council (The Procedural By-law) state: the Mayor shall call the meeting to order and may proceed with the opening prayer or request a member of Council to do so. In 1999, an Ontario Court of Appeal decision called into question the practise of denominational prayers at municipal councils. As Council is aware the practise here has been that each Council member was free to select a prayer or invocation of their choosing. Similarly, a Council member was free to decline reciting an opening prayer or invocation. Although, conceivably, there was a possibility of prayers being recited of multiple faiths, the Council has been predominately Christian and the prayers or invocations have mostly reflected those faiths. Last month, the Supreme Court released a decision on the issue, Sagueney v. Human Rights Tribunal, an overview of which was included in the April 28th agenda. The City Solicitor has provided a legal opinion of the decision under separate cover. 2 CD-2015-07 May 12, 2015 ANALYSIS/RATIONALE Although the Supreme Court decision related to a municipal council in Quebec, municipal councils throughout the country, that were still allowing a prayer or invocation, have been compelled to review the practise, with the exception of the City of Oshawa, which is steadfast in continuing the recitation of the Lord's Prayer. Closer to home, any municipalities that were still opening with a prayer or invocation have discontinued the practise. Niagara-on-the-Lake, in an approved report to their Council recommended that to avoid similar legal challenges, as Saguenay, that their Council "discontinue any practise or statements that are theistic". Similarly, Fort Erie and some other Niagara municipalities are looking at the possibility of a mission or focus statement opening their proceedings. The Regional Municipality of Niagara have decided to observe a moment of silence or reflection, at least until September, when they can review the impact of the ruling on other municipal Councils. Staff appreciates that the opening prayer or invocation provided a well-establish formality to opening the Council proceedings. Nonetheless, to avoid potential human rights or legal challenges, staff recommends that the prayer or invocation cease. Council could direct staff to look at non-theistic opening statements, similar to the oath of office Council swears at the beginning of their term. Council could reintroduce the playing of 0 Canada to commence the meetings. Similar to the Region, a moment of reflection could commence proceedings or Council could dispense with any procedural formalities at the start of the agenda and, simply, commence the Council business. Based on Council's decision, staff will bring forward changes to the Standing Rules of Council, which are currently being reviewed and updated. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City Solicitor has provided comment under separate cover. Continuing the practise may lead to human rights challenges. Recommended by: PYA- Dean lorfida, ity Clerk Respectfully submitted: I 2A411tAl Ken Todd, Chief Administrative Officer P1iaarac" ke 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON LOS 1 TO -on-the- PHONE: 905-468-3266 ESf.i?4I aullallimms., The Corporation of the Town of Niagara-on-the-Lake Information Report to Council Invocation / Focus Statement SUBJECT: Council Meetings Date: April 23, 2015 Prepared By: Holly Dowd Department: Corporate Services BACKGROUND A recent decision of the Supreme Court of Canada ordered the City of Saguenay to cease the recitation of a prayer at the beginning of Council meetings and to pay damages in the amount of $30,000.00 plus costs to a citizen who successfully alleged that the prayer violated his freedom of conscience and religion. Click on this link for more information: http://www.cbc.ca/news/canada/montreal/supreme-court-rules-against-prayer-at-city- council-meetings-1.3033595 Our Solicitor indicates that in order to reduce the likelihood of a similar challenge, Council discontinue any practise or statements that are theistic. Specifically, the Solicitor recommends that Council no longer refer to the statement at the beginning of its meetings as an invocation or prayer, and instead refer to it as a mission statement or focus statement. The Solicitor has reviewed wording that was suggested by the Lord Mayor, through the Region. The Solicitor has amended the wording to reflect a Focus Statement as follows: We meet to serve our community, to use our resources wisely and well, to represent all members of our community fairly, to make decisions that promote the common good. We recognize our responsibility to the past and future, and the rights and needs of both individuals and community. As trusted public servants, we will focus on our deliberations, and on our efforts here today, may we act wisely and well. NEXT STEP/CONCLUSION The Town's Procedural By-law will be amended by removing the words "Invocation". Should Council wish, "Focus Statement" will be included on future Council Agendas, with the wording as noted above and recommended by the Town's Solicitor. 5/5/2015 Saguenay right-to-pray ruling:What it means for religious freedom in politics-Montreal-CBC News Analysis Saguenay right-to-pray ruling: What it means for religious freedom in politics Saguenay Mayor Jean Tremblay argued reciting prayer respects Quebec's Catholic heritage Supreme Court rules By Matt Kwong,CBC News Posted:Apr 16,2015 5:00 AM ET Last Updated:Apr 16,2015 6:52 PM ET Thou shalt not pray in council chambers. At least not in the form of a public recitation to open meetings,the Supreme Court of Canada ruled Wednesday,ending an eight-year legal case involving the right of city councillors in Saguenay.Que.,to cross themselves and recite a 20-second Catholic prayer before official municipal business. The unanimous decision from Canada's top court had an immediate impact across the country. • Read the Supreme Court's ruling(PDFI ▪ Supreme Court rules against prayer at city council meetings . Halifax council revisiting waver after Supreme Court ruling . Ottawa city council puts pause on prayer after top court ruling City of Halifax legal staff began reviewing its morning"invocation,'which begins with the words"God our creator"and ends with"amen." Ottawa's city council also dropped its morning prayer on Wednesday,as did the community of Dieppe,N.B. Both municipalities stated they would review the practice—something constitutional law expert Errol Mendes suspects many town and city councils will be doing in the days to come. Just as the Quebec Charter of Human Rights and Freedoms,which formed the basis for the Supreme Court ruling,has a duty to ensure that no particular belief should be favoured or hindered,the court ruled that"the same holds true for non-belief." In effect,Mendes explained,the ruling means freedom of conscience and religion includes the freedom not to observe any faith. In a manner of speaking,"it's freedom from religion,"he said. Applies nationwide That should not be taken to mean that Canada is against all religion,however.Or even necessarily its public manifestation. 'The Supreme Court of Canada...represents the legal perspective across the country'-University ofWindsor law professor Richard Moon The ruling,for example,did not deal with religious icons in provincial legislatures or the prayers that open parliamentary sessions in Ottawa.And there are some legal observers who feel that some forms of public prayer and reflection would be fine as long as they are not overtly exclusive. In essence,the ruling said"just that we welcome religions of all faiths and practices in Canada—in the private sphere,"Mendes said. Although Wednesday's decision was based on the Quebec charter,Mendes said it's implicit that the ruling applies nationwide. University of Windsor law professor Richard Moon,whose work on freedom of religion was cited as part of the Supreme Court decision,said the same provisions under the Quebec charter would be reflected in the Canadian Charter of Rights and Freedoms anyway. 'When the Supreme Court of Canada makes a determination,even when it relates only to a particular circumstance of the Quebec charter,the fact is it represents the legal perspective across the country,"Moon said. The right-to-pray matter began in 2007,when Sagenuay resident Alain Simoneau,an atheist,first filed a complaint with the Quebec Human Rights Tribunal about elected officials praying in council chambers before meetings. Mayor Jean Tremblay,a devout Catholic,was ordered to cease the practice.He instead appealed the decision to the Quebec Court of Appeal,which ruled in his favour in 2011. Simoneau bumped the case up to the Supreme Court of Canada,which agreed last year to hear it. Parliament possibly exempt In its decision on Wednesday,the court ruled that the recitation of the prayer infringed on freedom of religion rights by"profess[ingj one religion to the exclusion of all others." A"neutral public space,"the ruling said,must be"free from coercion...and is intended to protect every person's freedom and dignity." While the city of Saguenay argued that even the House of Commons holds a prayer before its sessions,the court reasoned that such proceedings are likely subject to parliamentary privilege. Tremblay and the city of Saguenay have been ordered to pay Simoneau$33,200 in compensatory damages,punitive damages and costs. What wasn't ruled upon in this case,however,was Simoneau's original demand for the removal of religious iconography such as a crucifix and a Sacred Heart statue from Saguenay's council chambers. Diana Ginn,who teaches a course on law and religion at Dalhousie University's Schulich School of Law,noted that the symbols were not covered in the Supreme Court decision because the original tribunal judgment focused only on the prayer issue. "Therefore,it had to be set aside for this case."she said."But there's nothing to stop somebody from bringing a complaint against the Sacred Heart." A crucifix still overlooks the speaker's throne in the Quebec National Assembly,though politicians including former Quebec Premier Pauline Marois have argued it is a cultural symbol, not a religious article. "This balance of how do you find the line between what's a reflection of the history of a place,and what's an expression of religion that's allowable in the face of state neutrality is going to lead to a lot of discussion,"Ginn said. Public prayer not fully banned Wednesday's ruling doesn't mean praying is strictly banned in any kind of public-service context. "There is no complete ban on prayer."said Gilles Levasseur,a law professor at the University of Ottawa. http://www.cbc.ca/news/canada/montreal/saguenay-right-to-pray-ruling-what-it-means-for-religious-freedom-in-politics-1.3034583 1/3 5/5/2015 Saguenay right-to-pray ruling:What it means for religious freedom in politics-Montreal-CBC News "You can still have a statement that encompasses everybody,or invites reflection from people for their own beliefs," Levasseur said."The key thing is the wording.It might not be a'prayer,'maybe it's something generic.Maybe it's a'recital'—some time to reflect on goodness of society and what we need to do to improve the wellbeing of our society,"he said. Mendes suggested another workaround. "How about a moment of silence?Atheists can still reflect on what the meaning of life is.It could be an alternative,"he said. "A moment of silence can also just be a moment of reflection.I think even those who don't believe in any religion can probably get behind that." To print the document, click the"Original Document"link to open the original PDF.At this time it is not possible to print the document with annotations. Mobile users:View the document (PDF KB) (Text KB) CBC is not responsible for 3rd party content Explore CBC CBC Home TV Radio Nevis Sports Music <ids _ocal Doc.mertar''' Comedy Bnoks �3ienr : http://www.cbc.ca/news/canada/montreal/saguenay-right-to-pray-ruling-what-it-means-for-religious-freedom-in-politics-1.3034583 2/3 NATIONAL 0 0 NEWSWATCH (http://www.nationalnewswatch.corn) Access Blocked - Content Alert The URL: http://tpc.googlesyndication.com/safeframe/1-0-2/html/container.html was blocked SCOC ruling on prayers at council meetings to have sweeping impact: Experts By Diana Mehta (http://www.nationalnewswatch.com/author/diana-mehta-the-canadian-press/) —Apr 16 2015 0 , .inti '. t y 4 • • The Supreme Court of Canada in Ottawa is shown on Tuesday,April 14,2015.THE CANADIAN PRESS/Sean Kilpatrick TORONTO - A ruling from the country's top court halting the practice of prayers at municipal council meetings in a Quebec community will likely have rippling effects that reach far beyond that province, observers said Thursday. In a unanimous judgment, the Supreme Court of Canada said the reading of a Catholic prayer at council meetings in Saguenay, Que., infringes on freedom of conscience and religion. As a number of municipalities scrambled to analyze the ramifications of the decision, observers predicted the high court's ruling would pave the way for changes throughout the country in due time. "It is a heck of a decision," said University of Ottawa law professor Gilles Levasseur. "It means the concept is applicable across Canada." The court ruling ended an eight-year legal fight that pitted an atheist and a secular-rights organization against the mayor of Saguenay. Levasseur noted that the consequences of the court decision stretched much further. "The Supreme Court starts first with explaining the notion of neutrality of the state and then jumps into the specifics," Levasseur explained, adding that it would likely take two to three years for the decision's full impact to be realized. In time, the decision could also lead provincial school boards and hospital boards to rethink the recitation of any prayers in their operations, Levasseur added. "It doesn't mean that they cannot express a recital about society, goodness of people and commitment to what we want to do," he said. A number of municipalities suspended their practice of reciting a prayer before council meetings in wake of the Supreme Court ruling as they reviewed the judgment, while others said they'd do away with recitation of the Lord's Prayer ahead of meetings altogether. There were some, however, who clearly said they wouldn't put an end to the practice. The mayor of Oshawa, Ont., east of Toronto, said he still planned to recite the Lord's Prayer before the start of council meetings — a practice that had gone on in the city for as long as he could remember. Mayor John Henry explained that before proceedings begin, he asks those in the council chamber to join him "in a moment of personal reflection or the Lord's prayer," followed by a singing of 0 Canada. "You can choose to say it, not say it, you can participate or not participate, you can reflect on something in your life," he said. "Canada is one of these countries where you have a number of options —you have freedom of religion or freedom not to practice religion. People from around the world dream of coming to this country to do both." Henry noted that he hadn't received any complaints about the council's practice so far, but if an Oshawa resident did want to contest the matter, they could do so. A stance like Henry's, however, could leave a municipality vulnerable to potential legal action, said Cheryl Milne, executive director, of the David Asper Centre for Constitutional Rights at the University of Toronto. "They do need to take another look at what their practices are," Milne said. "It's not just that we get to do things the same way we've always done until someone complains. I would expect that our governments have a higher duty to ensure that they're not just adhering to the letter of the law, but that in fact they are putting into place the kinds of policies that are inclusive, and that do separate religion from governing." Taking out a prayer from routine starts to government proceedings doesn't signal an anti-religious stance, Milne noted. Dean Iorfida From: Dean Iorfida Sent: Monday, May 04, 2015 9:20 AM To: 'Kim' Subject: RE:Invocation Yes, I think that is perfectly acceptable, Kim. Appropriate words of wisdom, especially in a political context without any religious overtones. From: Kim [mailto:kcraitor2@cogeco.ca] Sent: Saturday, May 02, 2015 11:14 PM To: Dean Iorfida Subject: Fw: Invocation Hi Dean This is opening I gave at the city council meeting in Jan/15 when it was my turn to open the meeting . Thoughts? Kim Craitor Councillor City of Niagara Falls From: Kim <kcraitor2@cogeco.ca> Sent: Saturday, May 2, 2015 9:54 PM To: kcraitor2@cogeco.ca Subject: Invocation We gather to make decisions for our community. May we use only our best skills and judgment keeping ourselves impartial and neutral as we consider the merits and pitfalls of each matter that is placed before us and always act in accordance with what is best for our community and our fellow citizens Kim Craitor Councillor City of Niagara Falls Dean Iorfida From: Brian Ceschin <Brian@wfol.com> Sent: Wednesday, April 15, 2015 3:20 PM To: Dean Iorfida Cc: Tina Myers Subject: Winter Festival of Lights Request for Presentation to City Council Good afternoon Dean, How are you? Tina Myers, Winter Festival of Lights Program Director, has had a preliminary meeting with His Worship Mayor Jim Diodati and Serge Felicetti, the Winter Festival of Lights would like to request the opportunity to make a presentation to City Council at the May 12th council meeting in order to make a request for funding for a 3D Projection Mapping project for the Festival's 2015-2016 season. Please let me know if you would require any additional information from us regarding this matter. Thanks, Brian Ceschin Marketing&Sponsorship Coordinator Ontario Power Generation Winter Festival of Lights 5400 Robinson Street, 2nd Floor, Niagara Falls, ON L2G 2A6 Phone: 905-374-1616 ext. 244 Toll Free: 1-800-563-2557 ext. 244 MAKE IT YOUR WINTER TRADITION - November 14, 2015 -January 11th, 2016 http://www.WFOL.com 1 F-2015-21 Niagaraag11s May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-21 OLG Reserve Fund Update RECOMMENDATION 1) That Council amend the 2015 Capital Budget to include the proposed projects totaling $4,177,015 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. 2) That Council amend the Capital Budget to include Coronation Centre Kitchen Replacement and fund that from funds designated for that use. EXECUTIVE SUMMARY In 2013, the City of Niagara Falls approved the new Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This agreement significantly increased the City's hosting fees from the previous agreement. The City has recently received the reconciliation of annual revenue for the second year of the agreement ending March 31, 2015. The total amount the City received was $21,468,273 ($21,263,695 in 2014). Since the inception of the agreement, staff has updated Council regularly on the commitments and use of the funds received. This report provides a summary of the funds provided for this second year. During the 2015 budget deliberations, Council had committed $17,285,736 of the funds received to operational and capital needs. Further, staff recommended and Council agreed to wait until the annual reconciliation was received from OLG before committing the balance of funds. Council directed that the eligible expenditures to be considered would be Priority 1 capital projects without funding (known as Tab 10 projects). It should be noted that revenues received from the contribution agreement have been used in a variety of ways including levy reduction, capital reinvestment, regional policing, establishment of a reserve for future hospital development and economic development initiatives. 2 F-2015-21 May 12, 2015 BACKGROUND In September 2013, Council approved the Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG). This Agreement increased the hosting fee to the municipality for the two casinos located in Niagara Falls. The funding period is based on the Province's fiscal year, specifically April 1st to March 31st. Payments, based on a percentage of gaming revenues, are received by the City each quarter. ANALYSIS/RATIONALE The City received a total of $21,468,273 during the second year ending March 31, 2015. During the year and during budget deliberations, Council approved $17,285,736. The summary of revenues and commitments is provided in Chart 1. At this time, staff has approximately $4.1 million remaining unallocated for use. Senior staff were asked to prioritize the additional capital projects that require funding. Only those projects that are ready to proceed at this time and meet critical Operating or Capital needs are being advanced. Chart 2 summarizes the revised Priority 1 capital projects known as Tab 10. The listing of projects have been edited to exclude projects not ready to start in 2015 (Fire Station 7) and has been amended for changes made to the 2015 Capital Budget (i.e. Chippawa Boat Docks, and Chippawa Tennis Courts) rehabilitation. In addition, a roof replacement project at the Fire Administration building of $45,000 was added since a condition assessment was received indicating roof needs replacement. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At the inception of the agreement, Council recognized the need to establish direction for spending the increased funds generated. As a result, Council adopted six key areas of expenditures that funds should be used for. These include 1) property tax relief 2) future Niagara Falls hospital 3) Capital Asset Investments 4) Economic Development Initiatives 5) Debt retirement 6) NRPS funding. The funds received will have been used for a variety of operating, capital needs as well as for future investments. This report is the culmination of the second fiscal year under the new agreement. A summary of commitments from the 2014-2015 revenues received under the agreement is shown in Chart 1. During the Capital Budget discussions, a number of groups presented various projects for Council's information. In finalizing the Capital Budget, amendments were made to include improvements to Chippawa Tennis Courts and for partial funding of the next stage of the Chippawa Docks project. Removed from the Capital Budget were the renovations at the Cemetery offices and a partial reduction of City Hall renovations. Council referred the balance of these deputations to this report. 3 F-2015-21 May 12, 2015 Staff are proposing to allocate the balance of funds available to a number of projects previously identified in the capital budget as unfunded, Priority 1. Chart 3 summarizes projects proposed. In addition, the Coronation Centre Kitchen Renovations project is recommended to be approved and added to the 2015 Capital Budget. The funding source for this project is from a Special Purpose Reserve dedicated for use at the Centre. CITY'S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure LIST OF ATTACHMENTS Chart 1 — Summary of 2014-2015 Actual Revenues and Expenditures Chart 2 — Priority 1 projects without funding (revised) Chart 3 — Summary of Proposed Projects Recommended by: U � Todd Harris n, Director of Finance ! L'Ot-j-,\R Respectfully submitted: Ken Todd, Chief Administrative Officer F-2015-21 Chart 1 City of Niagara Falls 2014-2015 OLG Contributory Agreement Summary of 2014-2015 Actual Revenues and Expenditures For the 12 month period ending March 31, 2015 Total Funding Received during the year $21,468,273 Operating Expenditures committed Tax Subsidize $3,000,000 Tax Levy supprt due to changes in 2014 Tax Policy $2,945,000 2014 doctor recruitment expenditures $1,820 Economic Development Commitments $300,000 2014 Election costs $175,000 $6,421,820 29.91% Balance of Funding Remaining before NRP and Capital Commitment $15,046,453 NRP agreement for policing $4,200,000 $4,200,000 19.56% Balance available before Hospital funding and capital $10,846,453 Council Commitment to new Hospital(1.5%) $322,024 1.50% Capital Projects Approved in Year 2014-15 Niagara District Airport Capital $184,977 LLBIA Gateway and Light Enhancements $189,915 2015 Capital Budget Approvals $5,967,000 $6,341,892 29.54% Total Funding Committed to Date $17,285,736 80.52% Balance available for additional Capital Reinvestments $4,182,537 19.48% F-2015-21 City of Niagara Falls Chart 2 2015 Capital Budget Priority 1 Projects without funding Fire Renovations to Station 3 - Female Washroom 60,000 Diesel Fumes Extraction 99,515 Portable Emergency Power - Station 1 98,000 Specialized Rescue Equipment 15,000 Gas Monitors 12,000 Technical Rescue Equipment 10,000 Thermal Imaging Camera 10,000 Training Ground Upgrade & Repairs 10,000 Reserve Pumper 3 350,000 Boat House 75,000 Gear Washer & Dryer 15,000 Portable Emergency Power - Station 4 50,000 $ 804,515 Municipal Works Beaverdams Road SWM Pond - Design & Land Purchase 1,656,100 Beck Road Bridge 35,000 Buchner Place Sewer Separation 60,000 Chippawa Parkway Culvert Rehab 60,000 Clare Crescent Storm Separation 42,000 Culp Street Road Reconstruction 105,000 Buchanan 2,176,500 Desson 1,958,850 Slater 1,305,900 Drummond Road - McLeod to Oldfield 188,615 Fallsview Blvd. (Murray to Spring) 100,000 Fleet Purchases 938,777 Fourth Ave. Sewer Separation 105,000 Grey Ave. Sewer Separation 175,000 Kalar Road - McLeod to Brown EA Study 100,000 Kitchener Street Sewer Separation 70,000 Lundy's Lane Streetlight Upgrades 100,000 Lundy's Lane Traffic Signal Upgrades 50,000 North Street Sewer Separation 85,000 Oldfield Road - Drummond to Dorchester 237,610 Peer St/Grey St. Sewer Separation 100,000 Royal Manor Drive Bridge 50,000 Second Ave. Sewer Separation - Morrison to Huron 38,000 Shriner's Creek W-5-2 Retaining Wall Repair Phase 2 25,000 F-2015-21 City of Niagara Falls Chart 2 2015 Capital Budget Priority 1 Projects without funding Sidewalk Replacement 150,000 Third Avenue Sewer Separation - Hamilton to North Limit 30,000 Third Avenue Sewer Separation - Morrison to Maple 67,000 Tree Planting (Forestry) 37,500 Watermain Replacement Program 100,000 $ 10,146,852 Cemetery All Wheel Steer Working Machine 77,000 Road & Drainage - Lundy's Lane & Fairview 250,000 Cemetery Office Renovations 246,000 $ 573,000 Parks AG Bridge Park Pathway Improvements 52,000 Battlefield Park 372,000 Chippawa Boat Ramp Park Improvements 354,000 FJ Miller Park Improvements 193,000 Garner Recreation Trail (McGarry to McLeod) 90,000 George Bukator Park Improvements 190,000 Health & Safety Enhancements 85,000 Kalar Park - Building Expansion 50,000 Kalar Park - Parking Lot & Park Improvements 495,000 Leash Free Dog Park Improvements 20,000 Mewburn Recreational Parkland Planning & Development 75,000 Millenium Trail Sections 5 & 6 100,000 Millenium Trail Section 3 408,000 Niagara Falls Rowing Club Development - Phase 1 250,000 NS & T Trail Improvements (Kalar to Garner) 35,000 Oakes Park Grandstand Improvements 315,000 Ontario Park Improvements 191,000 Palmer Park Improvements 50,000 Patrick Cummings Baseball Facilities Expansion 160,000 Prince Edward Park Improvements 140,000 $ 3,625,000 F-2015-21 City of Niagara Falls Chart 2 2015 Capital Budget Priority 1 Projects without funding Transportation New Parking Control Vehicle 20,000 Maintenance Truck 58,000 On-Board Cameras 320,000 Central Transit Hub Study 80,000 Specialized Bus Replacement 100,000 Traffic Signal Rebuilds 200,000 $ 778,000 Building Chippawa Town Hall Windows & Doors 40,000 Kalar Soccer Club Boiler/Insulation/Drywall 70,000 Service Centre-Land Acquisition-for Clear Span Building 100,000 Service Centre-Replacement of Clear Span Building 250,000 Armoury Boiler Replacement 60,000 City Hall Painting & Minor Flooring 30,000 Coronation Centre - Main Kitchen Replacement 20,000 Willoughby Town Hall - Wood Floor & Front Porch 15,000 City Hall Improvements - Finance 110,000 $ 695,000 Total of All Projects $ 16,622,367 Additional Projects to Consider- Not Originally Tab 10 Roof Replacement Fire Admin Building 45,000 $ 45,000 F-2015-21 Chart 3 Summary of Proposed Projects Proposed Project List Amount Department Explanation Tree Planting $ 37,500 Municipal Works Annual tree planting program moved to capital Fleet Purchase (including transportion) 400,000 Municipal Works Additional fleet purchases including transportation request Buchanan Avenue Reconstruction 2,176,000 Municipal Works Road/sewer/water infrastructure replacement Sidewalk Replacement 150,000 Municipal Works Continued replacement of sidewalks to mitigate risk management issue Royal Manor Bridge 50,000 Municipal Works As part of the assest management plan, a design for bridge rehabilitation Peer Street/Grey Street 100,000 Municipal Works Engineering design for future sewer separation; road and watermain reconstruction Fire Station 3 Renovations 60,000 Fire Addition of female washroom - health & safety issue Fire Administration Roof Replacement 45,000 Building Increase to approved budget for full roof replacement in conjunction with roof top unit Renovations required to meet customer service needs, AODA requirements and to achieve Cemetery Renovations 246,000 Building recommendations of recent cemetery business plan Boiler Replacement - Armoury 60,000 Building Replace past due boiler, improve utility efficiency in building Oaks Park Grand Stand Improvements 315,000 Parks Refurbishment of grandstand area to comply with AODA standards & to mitigate environmental damages Battlefield Park 150,000 Parks Phase 1 of park restoration - Ruth Remond Gardens Enhancement to municipal owned property to facilitate development of park, reduce George Bukator Park Improvements 250,000 Parks garbage dumping and to allow utilities to proposed building to be used by rowing group Health & safety reinvestment for extraction of diesel fumes in the reserve apparatus bays at Diesel Fumes Extraction 99,515 Fire Fire Stations 1, 2 & 3. Second Ave. Sanitary Sewer 38,000 Design Engineering design for sewer separation on Second Ave. between Morrison to Huron Total $ 4,177,015 FS-2015-02 Nalls May 12, 2015 iagaraa REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2015-02 Open Air Burning RECOMMENDATION That Council maintains the existing provisions of the Open Air Burning By-law. EXECUTIVE SUMMARY The open air burning by-law has been tightly controlled for decades as a means to reduce the incidence of uncontrolled fires and to assist in promoting good relations between neighbours. It is routinely reviewed and is fully supported by staff who believes the by-law serves the best interest of our community through diligent fire safety practices, environmental stewardship and the health and safety of our community. More recently, there has been interest in bringing the issue back to Council for further discussion. Although staff's recommendation is to maintain the existing provisions, Council has been provided two alternatives for discussion. BACKGROUND The burning by-law has been in existence for many years. It is based upon fire prevention principles and the fire department's history of response to complaints. Many of the complaints involve neighbour disputes where the complaint is used to restrict a neighbour's activities. However, there have also been a significant number of complaints originating from neighbours whose rights to enjoy their property have been compromised. These complaints originate from smoke and ash impacting neighbours but also out of concern that the activity threatens property or life safety. Staff was asked to provide a similar report in 2010, FS-2010-09 (attached) and Council supported provisions of the existing by-law. There are exceptions to the by-law restrictions for registered campgrounds within the city. An exception was also created for the Chippawa Dock Owners Association (CDOA) along the Chippawa Creek on Ontario Power Generation (OPG) lands for adjacent property owners. The special permission was granted with OPG permission on a tract of primarily open land along the water. It has existed since the 1990s and adjacent land owners had grown accustomed to burning campfires on OPG property. 2 FS-2015-02 May 12, 2015 In 2014, OPG revoked the permission granted to allow the CDOA members (adjacent land owners) to burn campfires on OPG property along the Chippawa Creek. A subsequent meeting was requested by CDOA representatives to meet with the OPG, Mayor and Fire Chief to request an agreement that would allow CDOA members to continue to burn campfires along the Chippawa Creek. OPG was not in agreement but offered that if the City took over control of the property in question, they would likely not object to campfire activity. In concert with that suggestion, it was also requested that the current Open Air Burning By-law be reviewed for changes that would allow for recreational campfires on a city-wide basis. ANALYSIS/RATIONALE The municipality has the ability to create a by-law respecting open air burning in Niagara Falls in conformance with the Ontario Fire Code (OFC). Article 2.4.4.4. allows for "approved" fires by the Chief Fire Official which can be addressed conditionally, city- wide or within defined areas. Certified gaseous fuel appliances are also allowed by the OFC (e.g., barbecues, gas fire pits). This includes approved propane devices that burn similar to a gas fireplace but are for outdoor use (photo attached). Our by-law has been reviewed routinely and alternatives discussed. Although the by- law has remained principally unchanged over the years, fire staff believes it has served our municipality well and staff does not recommend a less stringent option. The Niagara Falls by-law is currently similar to the St. Catharines by-law in its approach and their by-law recommendation was recently upheld by the City of St. Catharines Council. The existing by-law in our city does allow a process for farmers in rural areas to burn branches and prunings on their properties. In addition, there are few Ontario municipalities of equal or greater size compared to Niagara Falls that allow recreational campfires within their urban boundaries. One exception is Mississauga, however, a property owner is required to have 50m clearance in all directions from their campfire. The only municipality in the Niagara Region that is larger than Niagara Falls is St. Catharines and they do not permit recreational burning (except for gaseous fuels in a certified device). Of the other ten Niagara municipalities, Thorold, Niagara-on-the-Lake and Port Colborne do not allow recreational fires; Grimsby, Lincoln, Welland, West Lincoln and Pelham allow recreational fires through a permit; Wainfleet, and Fort Erie allow recreational burning without a permit. From an environmental protection perspective, remaining status quo is the more eco- friendly and environmentally responsible option. A recent Hamilton Spectator article (attached) by Dr. Mitchell of Hamilton references smoke from campfires as contributing to adverse health effects among adults and children attending them. Many people have enjoyed campfires growing up, but the public should be aware as more information becomes available regarding health effects. 3 FS-2015-02 May 12, 2015 Allowing recreational fires also places the onus on neighbouring property owners to take action if their health and the enjoyment of their properties are being detrimentally affected by their neighbours' burning activities. It may not be obvious to those burning about sensitivities to smoke and smells created by campfires. Staff's experience has been that residents who are negatively impacted by open burning are reluctant to approach their neighbours or file a complaint for fear of impacts to neighbour relations or repercussions. This section has been provided for Council's consideration of the impacts from recreational fires, if a more permissive approach is considered. Alternatives to the status quo in Niagara Falls were requested and are provided below for Council's consideration. Alternative 1 - Authorization for recreational fires outside urban boundaries This alternative would provide for small confined fires for recreational purposes in rural areas with conditions. It also means no recreational fires would be allowed within the urban boundaries where the greatest concerns to staff are located (map attached). Alternative 2 - Authorization for recreational fires on a city-wide basis This alternative would provide for small confined fires for recreational purposes throughout the municipality with conditions. Most areas within the municipal boundaries would be eligible to burn as long as the following conditions are met. Conditions Both alternatives would require meeting conditions below. • maximum size of burn area i.e., 2'x 2'x2'. • maximum wind allowed of 20 kph. • Every person must ensure that recreational open-air burning shall occur not closer than 5 metres from adjacent property and combustible structures. • Fire must be 5 metres away from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring or any property line. • Recreational burning only permitted until 11 p.m. • Regarding solid fuels, only the burning of commercially produced charcoal, briquettes or clean, dry seasoned wood not including painted or stained wood, pressure treated wood or creosote treated wood shall be allowed. 4 FS-2015-02 May 12, 2015 • Allow for use of outdoor style fireplaces (chimineas) with restrictions: ➢ Must be installed on a non-combustible surface ➢ 3 metre clearance from combustible objects ➢ All other restrictions for recreational fires • Every person who conducts recreational open-air burning shall ensure that adjacent properties, including roadways, public thoroughfares and sidewalks are not adversely affected by products of combustion including the escape of fire or combustible solids such as sparks or ash from the fire. • If the property is occupied by someone other than the property owner, written consent from the owner must be available to be provided to the Niagara Falls Fire Department upon request. • Fees would be charged if a response is required and the person responsible for the recreational fire is found to be in contravention of the by-law. • A false reporting response clause would be included whereby the adjacent land owner(s) who cause a response and the person responsible is in compliance with the by-law, shall on a repeat offence be responsible for any and all costs incurred by the department for the response. By-law revisions will be brought back to a future Council meeting whether Status Quo, Alternative 1 or Alternative 2 are chosen to reflect needed changes to maintain currency. For example, campfires are currently only permitted in campgrounds and with special permission. Campgrounds are patrolled and additional suppression requirements apply to them. The current list of campgrounds and camping areas needs to be reviewed and updated. Additional wording is also required in the by-law to address fire bans. The Chief Fire Official retains authority and discretion to ban all open air fires during extremely dry, hot weather conditions in order to reduce potential for fire spread. High smog days can also trigger fire bans in order to limit the environmental pollution that contributes to smog. Fire bans would be communicated through the city website and other media. These conditions and other housekeeping items that require updating will be brought forward for by-law inclusion. FINANCIAL/STAFFING/LEGAL IMPLICATIONS It is unknown if the number of responses and amount of work generated for staff will increase if the by-law is changed to be more permissive. It is anticipated that if alternative 1 or 2 were chosen and a site inspection and processing fee is used, the fees charged to a homeowner on a cost recovery basis would be excessive. Therefore, 5 FS-2015-02 May 12, 2015 it would be preferred that site inspection and fees not occur, but rather educational material be made available and an option for consultation with fire staff, if desired. Niagara Falls has approximately 35,000 homes and currently responds to approximately 170 open air burning related calls per year. A total of 512 complaints were received over a three-year period, 457 of those were located within urban areas. It is unknown how many additional fire responses would occur due to the adoption of alternatives 1 or 2. The City would take on more risk if the by-law is changed to accommodate recreational fires on a widespread basis. It is unknown if municipal or property insurance increases would occur. There have been properties damaged through unapproved open air burning practices in Niagara Falls, as well a recent local fire death due to open air burning related activities in another regional municipality . CITY'S STRATEGIC COMMITMENT The recommendations are proposed to sustain a healthy and safe community. LIST OF ATTACHMENTS 1 . Council Report No. FS-2010-09, Open Air Burning 2. City of Niagara Falls By-laws 81-65 and 72-211 3. Map of Urban Area Boundary 4. Hamilton Spectator Article, April 6, 2015 citing Dr. T. Mitchell of Hamilton 5. St. Catharines Standard article 6. Examples of Certified Propane Fire Pits Recommended by: fi - Lee Smith, Fire Chief Respectfully submitted: `2A41/0- Ken To d, Chief Administrative Officer L. Smith:tc FS-2010-09 ATTACHMENT 1 Niagaraanlls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Fire Department The recommendation(s) p contained in this report were adopted in committee and SUBJECT: FS-2010-09 ratified by City Council Open Air Burning RECOMMENDATION That Council support the existing open air burning by-law. EXECUTIVE SUMMARY Open air burning is one of the few areas that the Fire Protection and Prevention Act (FPPA) allows municipalities the discretion to pass a by-law regulating the setting of open air fires. Changes relevant to open air burning were made to the FPPA and became effective January 1, 2003. In the absence of the requirements not being covered by a municipal by-law, the requirements of the Ontario Fire Code are applicable. The Ontario Fire Code prohibits open air burning in the Province, except under the following conditions: 1) the burning consists of a small fire, supervised at all times and used to cook food on a grill; 2) an appliance that conforms to the Technical Standards and Safety Act, 2000 (such as approved propane and natural gas appliances) is used and installed in accordance with the manufacturers instructions. The City of Niagara Falls has passed a municipal by-law(attached) respecting fires set in the open air. The Fire Department currently administers the provisions of this by-law as well as enforcing the requirements of the Ontario Fire Code. In 2009, Council approved the application of a fee of $350.00 to be charged to the owner for the second and all subsequent responses for open air burning (FS 2009-02, attached). BACKGROUND The Niagara Falls Fire Department responds to approximately 300 open air burning responses each year. The severity of the responses ranges from neighbour disputes, emergency medical responses involving respiratory distress, smoke migration affecting traffic safety and fires involving property, vegetation and materials hazardous to the environment. June 28, 2010 -2- FS-2010-09 The Niagara Falls Fire Department works diligently facilitating and approving requests to burn in accordance with the municipal by law. This process frequently involves site visits, meetings and monitoring to ensure compliance with the requirements of the by-law and public safety. The Fire Department often receives inquiries from members of the public concerning the use of "chimineas" and other similar structures sold at local stores. The members of the public who make the inquiry are informed that the Ontario Fire Code does not permit the use of the majority of these devices, save and except for those appliances that conform to the requirements of the Technical Standards and Safety Act. Additionally, those appliances not approved by the Technical Standards and Safety Act frequently have a statement on the packaging to "check with your local fire department prior to use". The Niagara Falls Fire Department provides further education to the public on the requirements of the Ontario Fire Code and the municipal by law regarding open air burning during Fire Prevention Week, through the local newspapers and on the radio. The Niagara Falls Fire Department has had extensive experience with open air burning calls in our city. Most calls result from either smoke from a fire being mistaken for a structure fire or calls from disgruntled neighbours who are either bothered by smoke or the activities associated with recreational open air burning. Damage to structures in proximity to open air burning has also been experienced and in one case open air burning spread to neighbouring properties destroying grassland, woodlot, rail ties and threatened movement of rail transportation as the fire spread across the tracks. ANALYSIS/RATIONALE The Fire Department is attempting to limit the number of burning by-law responses as they commit available fire crews to numerous non-emergency calls and in many cases place fire crews into a dispute mediation situation. Limiting the frequency of open air burning responses increases the sustainability of current response staffing for a longer period of time. LIST OF ATTACHMENTS 1) FS 2009-02 Amendment to User Fee By-Law for Fire Prevention and Fire Suppression Services 2) Bylaw No. 72-211 Hand-out 3) Copy of SRS Request #3171, Frani Zarleng- Recommended by: L-e Smith, Fire Chief Respectfully submitted: •2_/k}1-0 P Y Ke Todd, Chief Administrative Officer JJ/LS:tc February 23,2009 FS-2009-02 NiagaraaaaaaaaJalls The recommendation(s) contained in this report were Councillor Victor Pietrangelo adopted by City Council and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: FS-2009-02 Amendment to User Fee By-Law for Fire Prevention and Fire Suppression Services RECOMMENDATION: That Council approve the report initiating amendments to the User Fee By-law for fire prevention and suppression services. BACKGROUND: Niagara Falls Fire Services provides a number of fire prevention and suppression services to the public, both residents and non residents of the city. Amending this by-law will introduce new fees designed to partially recover costs associated with providing varied services to the public. The proposed user fees are calculated on a cost recovery basis and industry standards intended to offset some or all costs in delivering services and will not in any way compromise access by the public to fire protection services. In addition, these fees will not, in any manner, jeopardize public fire safety. An overview of fees to be charged is as follows: 1) Non-resident Motor Vehicle Responses The recommendation is that Niagara Falls Fire Services charge a fee for responses to incidents on city streets involving motor vehicles owned by residents living outside the municipal boundaries of the City of Niagara Falls. A number of municipalities in the Province of Ontario already have this user fee in place, including Toronto, Hamilton, London, Windsor, Mississauga, Oakville and Burlington. The citizens of the City of Niagara Falls pay for services provided by Niagara Falls Fire Services through their municipal taxes(' Individuals residing outside of the City of Niagara Falls may v �•1WorkingTogetherto Serve Our Comnuuri : ty Fire Services .4).,;:'•:•;',1 :# •111 .'. - t.••• . et ..... • February 23,2009 -2- FS-2009-02 presently receive some of those same services at no cost. In 2008, Niagara Falls Fire Services responded to 191 motor vehicle incidents; based on statistics from those municipalities with this user fee,approximately 5%of those responses involved vehicles owned by persons living outside of the respective municipality. The proposed fee to be charged is based upon the established Ministry of Transportation rates that are presently billed for responses on Provincial highways. The rate would be$350.00 per apparatus for the first hour or part thereof and$175.00 per piece of equipment for each additional half-hour or part thereof. This proposed fee is intended to offset some or all of the costs in delivering a service to a non-resident of the City of Niagara Falls. The overall costs for providing emergency services to resident taxpayers are minimized by shifting specific cost recovery to those who actually use the service. Non-residents may be able to recover this fee from their insurance company. 2) Second Response for Open Air Burning The recommendation is that Niagara Falls Fire Services charge a fee for any second emergency response to an address or property where open air burning is being conducted without the required approval from Niagara Falls Fire Services or where the owner is not in compliance with the requirements of the Burning By-law. After an initial response, the owner is provided a copy of the Burning By-law and warned by the responding emergency vehicle that a subsequent occurrence will result in not only prosecution for violation of the Ontario Fire Code, but also a charge for the responding emergency vehicle. The proposed fee to be charged is based upon the established Ministry of Transportation rates that are presently billed on Provincial highways. The rate would be $350.00 per apparatus for the first hour or part thereof and $175.00 per apparatus of equipment for each additional half hour or part thereof. In 2008, Niagara Falls Fire Services responded to 397 responses for open air burning; approximately 40 of those responses were for a second occurrence. 3) Re-inspection Fee The recommendation is that Niagara Falls Fire Services charge a fee when re- inspections are required for outstanding violations of the Ontario Fire Code. The Ontario Fire Code states compliance with its provisions is the responsibility of the owner. This user fee would promote more timely compliance with the requirements of Niagara Falls Fire Services by imposing an automatic fee for re-inspections when an owner is non compliant with the requirements of the Ontario Fire Code or other municipally legislated Fire Services requirements. The re-inspection fee would be based on partial cost recovery(calculated on staff time spent) and would apply to owners when a re-inspection is required to ensure all violations of the Ontario Fire Code have been corrected. A fee of$100.00 is proposed for the second and each subsequent re-inspection. February 23,2009 -3- FS-2009-02 This fee has the potential to improve public fire and life safety by providing a financial incentive to comply with the requirements of the Ontario Fire Code. The resources of Niagara Falls Fire Services would not be committed to countless re-inspections and could be reallocated to additional firs,preve tion and public education activities. // Recommended by: K, ?M / Lee Smith, ire C ie Respectfully submitted'. Ed Dujlovic, Executive Director of Community Services J.Jessop:tc C ,. 5�__101.14Wi20)__Vib • ^1�',t ll6J u =1 . >�i►:��. ._mss='c: ;t 55;� ;,�i)��.1i �ills ��"�=�i °'U�j � �'iC) � ��' 11S�S NOTE:THE FOLLOWING INFORMATION IS A GUIDE ONLY.FOR COMPLETE INFORu'viATION,YOU MUST REFER TO THE FULL BY-LAW.A COPY MAY BE OBTAINED FROM THE FIRE PREVENTION OFFICE OR THE CITY CLERKS OFFICE AT CITY HALL. I. PERMISSION FOR ALL FIRES MUST BE GRANTED BY THE FIRE PREVENTION OFFICE OF THE NIAGARA FALLS FIRE DEPARTMENT. 2. BURNING IS ONLY PERMITTED BETWEEN 8:00 a.m. AND 6:00p.m. 3. SOMEONE MUST BE IN CONSTANT ATTENDANCE. 4. METAL OR MASONRY CONTAINER WITH 1/2" (13mm)MAXIMUM MESH COVER. 5. THERE SHALL BE NO BURNING ON WINDY DAYS. 6. APPROVED FIRE EXTINGUISHING EQUIPMENT MUST BE PROVIDED ON SITE. 7. (a) RESIDENTIAL AREAS,AT LEAST 50 FT.(15m)FROM ANY BUILDING,WOODEN FENCE OR OTHER COMBUSTIBLE MATERIAL OR LIQUID. (b) AGRICULTURAL OR INDUSTRIAL AREAS AT LEAST 100 FT. (30nz) FROM ANY BUILDING. • (c) WHEN BURNING BRANCHES OR PRUNLNGS, NOT IN A METAL OR MASONRY CONTAINER(ONLY ALLOWED IN AGRICULTURAL AREAS), THE DISTANCE MUST BE'AT LEAST 200 FT. (60m) FROM ANY BUILDING. 8. IF SUCH FIRE INTERFERES WITH ANYONE, THE FIRE MUST BE EXTINGUISHED. 9. NO BURNING OF ANY DEMOLITION MATERIALS (FENCE,BUILDING,ETC.) IS ALLOWED. l O. NO BURNING 0.N.ANY ROAD ALLOWANCE OR OTHER MUNICIPAL PROPERTY. 11. (a) NO BURNING ON OR ADJACENT TO A BUILDING OR STRUCTURE UNDER CONSTRUCTION. (b) OR PROPERTY WHERE IT IS KNOWN WHERE EXPLOSIVES OR FLAMMABLE MATERIALS ARE STORED. (c) OR PROPERTY WHERE THERE IS A LARGE GATHERING OF PEOPLE. . 2. CHARCOAL, ELECTRIC AND GAS FIRED BARBECUES, WHEN USED FOR THE PREPARATION OF FOOD, ARE ALLOWED UNDER THE BY-LAW, PROVIDED THE BARBECUE IS NOT LOCATED ON A BALCONY OR ANY OTHER UNSAFE PLACE. • THE PENALTY FOR NOT FOLLOWING THE BURNING BY-LAW IS A FINE OF UP TO $2,00() OR IMPRISONMENT FOR UP TO ONE YEAR OR BOTH. MODIFY REQUEST Printed On.6/21/2010 10:01:36 AM b' Lee Smith-Fire Services REQUEST ID ENTERED BY CATEGORY _ CREATED ON 3171 Information Services-Web Master Other(Noise) 5114 2010 6:58:26 AM REQUEST INITIATED BY ADDITIONAL FILE CURRENT STATUS TIMELINE - - REQUESTORS ATTACHMENTS Franco Zarlenga Multiple Assignments 7/41 Click here to update (External) Add Requestor Add Attachment Assignments Request Send e-mail to Reauestor Extension Quick Close PROPERTY INFORMATION; No property information has been entered for this request. REQUEST INFORMATION Entered By: Information Sen•:ces-Web Master 5;4:2010 3.58:26 AM Dear Sir or Madame. I am intc::osi.:d in finding out :r;oro infurnr:tion on crow to c,c:t a bylaw ;•iia.'gcA. LAS( :ir_tl I receiv d a visit from the file clupartn:ent while.enjoying a bonfire�r.th a few friends and rnaf,irig wein.'r:for i,;ii_••rr-!uriderstand the bylaw is enforced to avoid ar:ricf-:fit, and prevrnt hogs:=-tuncvntroIt.:t fires. nut I ncahevu `ir..pits'chnn.nen_ _.hoiiid be an acception IF the frro reri,3in:,in rontrol.anti the f(aree.-c(r.. :a F,Ct'i.n 2 free:from the tap,c.f t!ir,-: i.ta;rr,r I r.:svw of lots Of iesrdenb;Why'wouta .I•..-,iri.e I i i;ir, . vi Ciraiiq.rd limy t.u.,(rl I yo asuut y.ttin:j this:;l::irTii•, Sir R.:'iiv Jeri kt,:Cana aunt l-renco Zarienga Entered By:Clerk's Services-Dean lorfida 5119/201011:54:08 AM Fire staff will review your request and will provide a future report to Council.We will let you know when that report will be! coming forward. Dean lorfida City Clerk ATTACHMENT 2 CITY OF NIAGARA FALLS By-law No. 81 - 65 A by-law to amend By-laws Nos. 5245, 5397, 6661, 70-86, 70-216, 72-211, 73-159, 73-223 and 76-102. WHEREAS The Provincial Offences Act, 1979 provides that proceedings in respect of an offence under a by-law shall be heard and determined in the provincial offences court; and WHEREAS it is deemed necessary to amend the penalty provisions in certain by-laws to be consistent with the said Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 9 of By-law No. 5245, being a by-law regarding signs or advertising devices for tourist establishments, as amended by section 1 of By-law No. 6360, 1963,is repealed and the following substituted therefor: 9. Every person who contravenes this by-law is guilty of an offence 2. Section 6 of By-law No. 5397, 1956, being a by-law to prohibit heavy traffic on streets in the City of Niagara Falls, is repealed and the following substituted therefor: 6. Every person who contravenes this by-law is guilty of an offence. 3. Section 10 of By-law No. 6661, 1964, as amended, being a by-law respecting signs in the City of Niagara Falls, is repealed and the following substituted therefor: 10. Every person who contravenes this by-law is guilty of an offence. 4. Section 19 of By-law No. 70-86, being a by-law respecting the sale and setting off of fireworks in the City of Niagara Falls, is repealed and the following substituted therefor: 19. Every person who contravenes this by-law is guilty of an offence. -3... 5. Section 5 of By-law No. 70-216,being a by-law to regulate the discharge of firearms in a defined area of the City of Niagara Falls, as amended by section 4 of By-law No. 75-185, is repealed and the following substituted therefor: 5. Every person who contravenes this by-law is guilty of an offence. - 2 - 6. Section 10 of By-law No. 72-211, being a by-law respecting fires, is repealed and the following substituted therefor: 10. Every person who contravenes this by-law is guilty of an offence. 7. Section 8 of By-law No. 73-159, as amended, being a by-law for requiring the fencing of privately-owned swimming pools, is repealed and the following substituted therefor: 8. Every person who contravenes this by-law is guilty of an offence. 8. Section 5 of By-law No. 73-223, being a by-law to require adequate and suitable heat for rented dwelling accommodation, is repealed and the following substituted therefor: 5. Every person who contravenes this by-law is guilty of an offence. 9. Section 26 of By-law No. 76-102, as amended, being a by-law respecting the issue of licences, is amended by striking out the first paragraph and substituting therefor the following: 26. Every person who contravenes this by-law is guilty of an offence. Passed this 23rd day of March , 1981. J. L. COLLINSON, CLERK WAYNE THOMSON, MAYOR First Reading: March 23 , 1981. Second Reading: March 23 , 1981. Third Reading: March 23 , 1981. • i rr fly © CITY OF NIAGARA FALLSy By-law No. 72 - 214 -11 A by-law respecting fires. WHEREAS paragraphs 29 and 44 of subsection 1 of section 354 of The Municipal Act R.S.O. 1970 provide that by-laws may be passed by the councils of local municipalities for prescribing for the whole or any part of the municipality the times during which fires may be set in the open air, and the precautions to be observed by persons setting out fires and fof making such other regulations for preventing fires and the spread of fires as the council may deem necessary. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this By-law, (a) "agricultural district", "industrial district", "rural district" and "rural agricultural district" mean, respectively, a district or area of the City of Niagara Falls declared, designated or established as an agricultural district or zone, an industrial district or zone, a rural district or zone or a rural agricultural district or zone by any by-law now or hereafter passed and in force in the City of Niagara Falls as constituted by The Regional Municipality of Niagara Act pursuant to section 35 of The Planning Act R.S.O. 1970 or a predecessor of that section; (b) "Fire Chief", "Deputy Chief" and "Platoon Chief" and "Fire Prevention Officer" mean, respectively, a person holding the office ta'rank of Fire Chief, a Deputy Fire Chief, a Platoon Chief or a Fire Prevention Officer of the City of Niagara Falls Fire Department; (c) "fire" includes bonfire, campfire and any other fire in a yard, field or any other open place but does not include: (1) A charcoal or gas fire in a barbecue, hibachi ac similar metal or masonry container while being used for the cooking of, foed for human consumption provided, (i) such fire is not on a balcony of a building or in any other unsafe place, and (ii) such fire is attended by a person competent to supervise it; (2) An appliance being used for heating pitch or asphalt; (3) An appliance being used for construction or maintenance and which requires an open flame, - 2 - (4) A campfire in a camping establishment licensed by the City of Niagara Falls provided that such campfire is in an area of the camping establishment approved by a Fire Prevention Officer and is attended by a person competent to supervise it; (5) A campfire, elsewhere within the City of Niagara Falls provided that such campfire is in an area approved by a Fire Prevention Officer and is attended by a person competent to supervise it; (6) A fire set with the approval of City Council in a location approved by the Fire Chief, Deputy Fire Chief, Platoon Chief or a Fire Prevention Officer and with Fire Department personnel present; (7) A fire set by the Fire Department in training areas approved by the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer for the purpose of traEting or testing equipment; (8) A fire set by a fire equipment manufacturer o± his agent for the purpose of demonstrating fire-fighting equipment in an area approved by the Fire Chief, g Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer and with Fire Department personnel present; (9) A fire for thawing or heating building materials provided such fire is set in a location approved by the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer; (10) The burning of brush or leaves by City employees in locations approved by the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer provided such burning is under the supervision of a City foreman and takes place between the hours of 8 o'clock in the forenoon and 6 o'clock in the afternoon of the same day; or (11) A fire in a masonry fireplace in a Municipal or Provincial park. 2. No person shall, anywhere in the City of Niagara Falls, set or maintain a fire in the open air or permit a fire in the open air to burn (a) at any time between the hours of 6 o'clock in the afternoon of any day and 8 o'clock in the forenoon of the next following day; (b) at a location where there is a danger of such fire spreading to grassor other vegetation; (c) during a strong wind; - 3 - (d) on any road allowance or other municipal property; (e) on or adjacent to any property where a building or structure is under construction; (f) on or adjacent to any property where it is known that explosives or any other flammable material is stored; or (g) on or adjacent to any property where there is a large gathering of people. 3. No person shall make or permit any fire of any size under conditions or circumstances likely to cause loss of life or damage to any building or other property. 4. (1) No person shall burn debris or other material: (a) in any building or structure which is being demolished; (b) on the lot or site of any building or structure which is being demolished. (2) No person shall set fire to: (a) a building or structure for the purpose of demolishing the whole of any part thereof; (b) a demolished building or any part thereof. 5. Every person setting a fire in the open air anywhere in the City of Niagara Falls shall, (a) ensure that a person competent to supervise such fire and to extinguish it promptly in the event of danger of the spread of such fire is in constant immediate attendance at the specific place where the fire is burning; (b) completely extinguish such fire before leaving the specific place where the fire is burning; and (c) except for the fires described in section 6 of this by-law, (i) set and confine the fire in a metal or masonry container with a metal screen on top having a mesh of not larger than one-half inch; and (ii) set and keep the fire not less than 50 feet from any building, wooden fence or other combustible material or liquid. 6. (1) Every person setting a fire in the open_air in any agricultural district, industrial district, rural district, or rural agricultural district shall comply with the following additional regulations, (a) Subject to clause (b), the fire shall be kept at least 100 feet - 4 - from any building; (b) If branches and prunings in large quantities are to be burned: (i) the fire shall be kept at least 200 feet from any building; (ii) the Niagara Falls Fire Department shall be notified of the intention to set the fire, and (iii) the piles of branches and prunings to be burned shall be not more than 10 feet in diameter nor more than 10 feet in height. (2) For the purpose of this section that part of the former Township of Humberstone now in the City of Niagara Falls shall be deemed to be in a rural agricultural district. 7. The Fire Chief and every Deputy Chief, Platoon Chief, and Fire Prevention Officer is hereby authorized to order any person to put out any fire when in the opinion of such Fire Chief, Deputy Chief, Platoon Chief, or Fire Prevention Officer there is any danger of such fire spreading or otherwise endangering life or property. S. Every person setting a fire in the open air shall comply with all lawful directions of the Fire Chief and every Deputy Chief, Platoon Chief and Fire Prevention Officer. 9. Wherever in this by-law any reference is made to time, such time shall, for any period of the year during which Daylight Saving Time is proclaimed to be in effect in Niagara Falls, be construed according to Daylight Saving Time and not Standard Time. 10. Every person who contravenes any of the provisions rof this by-law shall, upon conviction thereof, forfeit and pay at the discretion of the convicting judge a penalty not exceeding (exclusive of costs) the sum of $300.00 for each offence. 11. By-law No. 7101, 1966, as amended, of the former City of Niagara Falls and all by-laws of the former Village of Chippewa and the former Townships of Willoughby, Crowland and Humberstone which are inconsistent with the provisionsoof this by-law are hereby repealed. 12. Nothing in this by-law shall be deemed to authorize any fire, burning or other act which is in contravention of The Environmental Protection Act, 1971 or any regulation made thereunder and in the event ef,any conflict between the provisions of this by-law and the said Act or regulations, the provisions of the said Act and regulations shall govern. - 5 - Passed this 20th day of November 1972. 7(4--4-4-?-6---c---i' -.^--) -.- f. <fil?.;1-1-;6. CLERK MAYOR First Reading: November 20, , 1972. Second Reading: November 20, , 1972. Third Reading: November 20, , 1972. 1. See amending by-laws ... amends penalty sections only. 1981-065 1991-010 ATTACHMENT #3 ,9--_..z..- iii e--r City of Niagara Falls Niagararalls Urban Area Boundary 405 Nwyf' I..'_'.��N 1 I 1 , 1 71�� L-1 / `.._. , A aO MOUNTAIN RD r,—�� r 1 ti?.. ' G VIII. � ' . S x % C7- _ _ff+miff-, • r «,,, 0 r- „.••• .., t---___ _- iii missus .. ‘, - 1 'o -I 0 , C THOROLD STONE RD -* fT - 'V Cr mnm m ._. L 1 ,70 Z _, O 1 .tea en NI �` Z I r H ,�. .• L_.�` Q09 D. .---r_. QUEEN ST t I '.� m-I MORRISON.ST 9 m 11111111111.1t021:1,...0.. t , 70 I _ _ (,1 u I r s I < ,•�1i & rAVERDAiks Fib i -y� , -4 J r NOM 1�. �� :i�:i►'i CC g 420iHWY --FALLS AV A i�� ll� ■IfiC �1 SII Ali , United States 1 � �� I •lit �' s� , _ le LUNDY'S LN of America anii : In T G /: i y_�O I 0 1-:: MIAs am- A • z t 1 i , c N v i� I / '•4 MCLEOD RD . _ _ t I i �r !j j-f '1 j.i �- / 1 p 1 it �Rrgc >) � 1 H i ? FRo ,I,.r jI J i BROWN RD 1 f cc 1 re Po , o City of 5� o ✓��•-/ Thorold .r O. r Age 1 C t /�. NSSY BRo0I ♦I r. N =r 0 CO City of I REIXINGER RD ��/ 0 G Wellana I33 BIGGAR,-RD- ',.--/ United States of America K:\GIS_Requests\2015\Custom\Fire\UAB.map River and Power Canal This data is provided"as is"and the City of Niagara Falls(the City)akes no representations or warranties, express or implied,as to the accuracy or completeness of the data. The maps and drawings contained herein International Border are intended for general layout purposes only and shall not be considered as official plans or drawings. For -- Municipal Boundary further information,please contact the City. The City shall not be held liable for special,incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. Road No part of these digital images,or information,or hardcopies made from them may be reproduced and/or .....•-•- Urban Area Boundary distributed without this disclaimer. Physician seeks controls on home fireplaces Page 1 of 1 ATTACHMENT 4 rr etroland HAMILTON IIIITATOR Physician seeks controls on home fireplaces Steve Arnold Hamilton Spectator I Apr 06.2015 Two people, some good wine, a bearskin rug and a roaring fire. A romantic dream scene for some could be a health nightmare for neighbours breathing the smoke from that fire—the kind of nightmare a local doctor says the city should legislate against. Ted Mitchell, a general practitioner, is working with Environment Hamilton to press city council for a bylaw restricting the burning of wood inside homes. "For one person to enjoy the ambience and warm fuzzy things of a wood fire !O. means dozens of their neighbours have to suffer," he said. "Getting something , 111 pleasant out of that causes a lot of pollution." Mitchell said medical studies, many coming from Asia and Africa where wood Family dolor Ted Mitchell is wo Wng with Environment Hamdton topess city fires are often the primary source of heat and cooking, have shown smoke council for a bylaw restricting the buming of wood inside homes from a damp log passed up a dirty chimney contains the same cancer-causing agents and other bad things found in tobacco smoke. "The pollution from these things is really quite bad,"he added. "The bad effects of tobacco and wood smoke are pretty comparable, you have roughly the same chance of getting lung cancer or other infections for each." Mitchell has two targets in his effort—those small, outdoor fire pots on backyard patios, and indoor wood stoves and fireplaces. Under Hamilton's burning bylaw, outdoor fireplaces are already technically banned—unless they're used for cooking. He wants that loophole closed and new legislation mandating newer, more efficient stoves and fireplaces inside or the conversion of existing fireplaces to gas or electricity. A bylaw, he said, is needed because the provincial or federal governments won't act on the issue, leaving the courts as the only solution for people who feel they're being harmed by their neighbour's constant fireplace use. "The courts are blunt, expensive and inefficient,"he said. "This is just too much of a political hot potato for the provincial or federal governments." Similar bylaws have been enacted in "several dozen" municipalities in British Columbia and one is expected to go into force in Montreal later this year. Mitchell and Environment Hamilton executive director Lynda Lukasik will present their case to the city's board of health later this month. The federal health department has published information about wood smoke pollution,warning it contains particulate matter that travels deep into your lungs causing breathing and heart problems; high levels of carbon dioxide, carcinogenic volatile organic compounds and small quantities of other toxic compounds including nitrogen oxide and chlorinated dioxins that contribute to problems such as smog and acid rain. The government website warns wood smoke can cause eye, nose and throat irritations, headaches, nausea and dizziness. It can aggravate asthma and other breathing problems. People with heart or lung problems and children are considered especially vulnerable. sarnold@thespec.com 905-526-3496 I @arnoldatTheSpec http://www.thespec.com/news-story/5541434-physician-seeks-controls-on-home-fireplaces/ 05/05/2015 Outdoor fire rule proposals kindle public debate I St. Catharines Standard ATTACHMENT 5 While some sparks flew over a proposed St.Catharines burning bylaw, most residents at a public meeting warmed to the new rules. Residents spoke at a city council meeting on open-air burning measures that generally clarify a patchwork of regulations. Most supported the new rules but had some concerns over details. It would allow for small fires for backyard cookouts and sets out when,and where, people can use their barbecue. Bonfires and other open-air fires—including the use of chimenia ovens—are still not allowed. However smaller,contained cooking fires are permitted between 8 a.m.to 1 a.m. Barbecues could also be used from 8 a.m.to 1 a.m., but not on covered apartment balconies. Diane Foster was unhappy with the allowable time for permitted fires,and suggested the shutdown time should be 11 p.m. as per the noise bylaw. "This means my neighbour can burn his fire all that time,and I can't do a thing about it?,"she said to councillors. "When we have a noise bylaw that stipulates after 11 p.m.you have to be quiet,then why are my neighbours allowed to have a barbecue going on in their backyard until 1 a.m." The proposed rules are overblown,argued Bernice Ettorre,who spoke earlier about flooding problems in her Pelham Street area. "I think this fire thing is becoming a big deal for no reason,"said Ettorre at the meeting. "Families... do a little bonfire in the backyard, roast some marshmallows with their kids,and we're going to take this away from them—come on. "Put a hose beside it and it's done,we don't need to bother the fire department." Several residents spoke of themselves or family members suffering from allergies,and the distress caused when homes and yards filled with smoke from neighbouring fires. Blaine Hare from Prince Paul Ct. in the north end said his wife and daughter both have asthma and suffer from open-fire smoke. "This really angers me,because everybody's putting themselves above other people's health,"said Hare. "I agree with the way the bylaw is going to be passed,but I do not think people in such a close proximity to their neighbours should be (having permitted cooking fires)from 8 a.m.till 1 at night." Another resident was concerned about fire complaint calls to the fire department being made as nuisance calls to get back at neighbours. One who spoke said she owned a large piece of land on Queenston St. and"reserved the right"to have a campfire with her family. Marta Liddiard said she couldn't afford to have such fires at a cottage there was a better compromise than a blanket ban on such fires. "The key here is education and understanding,"Liddiard said. In the bylaw proposals, rules will also be set out for businesses operating barbecues and smokers. In rural farm areas,free permits will be required for burning off brush and trimmings. Councillors referred the bylaw back to staff,for further clarifications and response to concerns raised in the public meeting. Submitted letters were also to be considered, including one from a neighbourhood development consultant seeking more discussion with staff about restrictions of barbecues on balconies,plus chimenia and fire-pit use. It was also suggested by Coun. Peter Secord that Cornwall's bylaw be reviewed."Some of the(ideas)in other municipalities have to be looked at to see of we can please a wider range of people... other bylaws from other cities need to be looked at,"Secord said. Chief fire prevention officer Chris Leonard said a follow-up report on the proposed bylaw would come to council shortly. "'We will put this as a priority and should have it back(to councillors)in about a month,"Leonard said. Later, Leonard said the proposed bylaw would include a$195 ticketing option. By city bylaw some offenders could be taken to court and subject to fines up to$5,000. Fire Code fines can be up to$50,000 for an individuals. For more information,visit www.stcatharines.ca/FireBylaw http://www.stcatharinesstandard.ca/20 1 4/0 8/12/outdoor-fire-rule-proposals-kindle-public-... ATTACHMENT #6 EXAMPLES OF CERTIFIED PROPANE FIRE PITS c F - R ( ;;•. ji' �i./ .:-,:«- •-' iiii;t:ik, 14,42„....1-.:---4.' - ,; , "" -`,/ " -..:: L N la - / 4t---___ AX_ `y � ..r ._ 4 lir ill 1 k rr' e ' ' r }. 11101 zrirliii' - r 41, . . ,,, ...„.-.4„......„, ,..,10 jitar„ r Dean Iorfida From: Angela Alderson <aalderson@kristenfrenchcacn.org> Sent: Thursday, April 23, 2015 12:18 PM To: Dean Iorfida Subject: delegation request Attachments: jan's 2015 Kristen French CACN Community Presentation.pptx Hello The Kristen French Child Advocacy Niagara would like to attend the meeting on May 12th, 2015 to update the Council on our current status. Please find attached the Power Point that we would like to share at the meeting. Feel free to contact me with further questions. Thanks, Angela. Angela Alderson Family Advocate Kristen French Child Advocacy Centre Niagara 18 Forster St.,St.Catharines,ON L2N 1Z9 T.905.937-5435 x 7024 I F.905-934-6917 I aalderson a@kristenfrenchcacn.orgl kristenfrenchcacn.org I) Libel • Please note:The information in this email may be confidential information intended only for the addressee(s). If you have received this communication in error,please immediately notify the sender at 905-937-5435 or by return email.Please then delete and destroy all copies of this information.Thank you for your cooperation. S'il vous plait noter:Les informations contenues dans cet e-mail mai etre des informations confidentielles destinees seulement pour le destinataire.Si vous avez recu cette communication par erreur,s'il vous plait aviser immediatement I'expediteur au 905-937-5435 ou par courriel de retour.S'il vous plait,detruisez-et de detruire toutes les copies de ces informations.Nous vous remercions de votre cooperation. 1 07/05/2015 r Kristen French � -�! _ Child Advocacy (r Centre Niagara A safe place to help, heal, end child abuse. NIAGARA'S CHILDREN in 2013 Our Niagara Regional Police Services investigatedFa,.. almost 400 cases of child abuse related reports in our regio ,,alone www.kristenfrenchcacn.org: 1 07/05/2015 NIAGARA'S CHILDREN 1 ,900 since 2008 Children and their-daring family members have found a safe place to disclose abuse at the Kristen French CACN wok 'Leli Kristen +each Child Advocacy 1 Centre Niagara www.kristenfrenchcacn.org3 NIAGARA'S CHILDREN (at KFCACN) TYPES OF ABUSE AGES INTERVIEWED (children, youth & adults) Neglect Other Over 18 Witness _' 1% /adult 3% � \ 16 to 18 witness 3% 14% 0 t0 5 20% Sexua I 60% 6 to 10 26% ,41 www.kristenfrenchcacn.orq 2 07/05/2015 How We Do It? With Professional Partners Collect Child Evidence/Determine Protection Criminal Charges 1 Niagara Family and Regional Children's Police Services ---------- Services , Niagara k Kristen French CA --------- Post \ , / Trauma and Investigation 1 Family Support / Counselling ; ----_,.........-- , ...-- www.kristenfrenchcacn.org 5 • LOCATED AT 45 Forster 1 f 7 ...4 6...MT i f , '1 ;9 F 1 r,, /is...s.,Kristen Fc,e) , -.) i• ri--- ! Chi4 pi * (-...,_ ( ''' ( .f, 1--t.-"(if f Centre i, V FCC i 04"/• : FACS di ..,„ ... www.kristenfrenchcacn.org 3 07/05/2015 KFCACN A Leader! • First in Canada • Now: — 4 in Ontario — 24 in Canada • Together creating standards for accreditation across Canada Child Advocacy T r Centre Niagara www.kristenfrenchcacn.org 9 OUR NEED IN 2015: $370,000 The Family Advocate & $150,000 Post Investigation Support Programs Building Maintenance & Mortgage Retirement Fund $69,000 Programs & Services $137,000 Contingency $14,000 Krister=ranch Child Advocacy Niagara www.kristenfrenchcacn.orp 5 07/05/2015 OUR FUNDING Our Goal: secure sustainable Provincial support as no fixed support Kristen French CACN operates through community generosity www.kristenfrenchcacn.org ii How You Can Help Us Make a Difference? 1. Financial 2. Make Others Aware • Bequest a gift to the • Speak to your local KFCACN in your Will MPP/MP • Host a Fundraising • Community service Event clubs • Support our grant • Neighbours about the applications importance of your local CAC 6 07/05/2015 Protect a Child 3. Report Child Abuse! Family and Children's Services Niagara ci0 905-937-7731 or 1-800-937-7731 Niagara Regional Police Service 905-688-4111 If you suspect a child is in immediate danger, Call 9-1-1 , Kristen French �� v ;Y!/ �� >- CentreChildAdNiagaraocacy www.kristenfrenchcacn.org 3 7 PBD-2015-17 Nflls May 12, 2015 iagaraJa REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-17 AM-2015-002, Zoning By-law Amendment Application Stamford Green Plaza 3463-3551 and 3517-3525 Portage Road Applicant: CMN Inc. (Mario Carusella) Agent: Michael Allen, ACK Architects Proposal: Proposed Parking Reduction and Shopping Centre Expansion RECOMMENDATION That Council approve the Zoning By-law amendment application to reduce parking and aisle width requirements for the Stamford Green Plaza, and to eliminate loading requirements for a proposed 335 square metre commercial building, all as outlined in this report. EXECUTIVE SUMMARY CMN Inc. submitted an application to amend Zoning By-law No. 79-200 for the Stamford Green Plaza, known as 3463-3551 and 3517-3525 Portage. The applicant is requesting site specific parking and aisle width standards for the plaza. The proposed standards will facilitate the construction of a 335 square metre commercial building in the southwest portion of the site. The elimination of loading space requirements is also requested for the new building. The amendment is recommended for the following reasons: The applicant has demonstrated through a Parking Occupancy Analysis that 147 parking spaces will be adequate for the plaza including the proposed building; Staff are satisfied that 6.3 metre aisle widths and elimination of the loading requirements for the new commercial building will not have negative impacts on the functionality of the site; and The requested amendment will facilitate further investment the property. BACKGROUND Proposal Mario Carusella has requested a Zoning By-law amendment for the Stamford Green Plaza, known as 3463-3551 and 3517-3535 Portage Road. Refer to Schedule 1 to locate the 1.53 ha (3.8 ac.) site. The applicant is requesting site specific parking and aisle width standards for the plaza. If approved, the proposed standards will facilitate the construction of a 334 square metre building on the lands. The applicant is also seeking 2 PBD-2015-17 May 12, 2015 relief from loading space requirements for the new building. Refer to Schedule 2 for further detail. The lands are currently zoned General Commercial (GC) in accordance with By-law No. 79-200. The applicant is requesting site specific regulations to be applied to the lands to reduce the parking requirements for the plaza to 147 spaces which represents a 55% reduction. In addition, the applicant is requesting aisle widths be reduced from 6.9 metres to 6.3 metres, and the proposed commercial building to be exempt from providing loading spaces. Site Conditions and Surrounding Land Uses The Stamford Green Plaza was constructed around 1960 and has been expanded over the years. There are three buildings on-site which contain a variety of retail stores, commercial services and offices, and five dwelling units on the second floor of one of the buildings. Surrounding properties contain a variety of commercial uses to the east and south, a public school (A.N. Myer Secondary School) to the west and a mix of commercial uses and residential dwellings to the north. Circulation Comments Information regarding the proposed Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objection. The proposal is consistent with Provincial and Regional policies. • Parks Design No objections to the rezoning. A landscape plan will be required as part of the site plan application. Enhancement of the Portage Road frontage with landscaping and tree planting should be undertaken. The addition of planting islands and the improvement of pedestrian circulation and accessibility should also be considered at the site plan stage. • Transportation Services No objections. The reduction in parking can be supported as proposed in the parking occupancy study submitted by the applicant. Transportation Services also supports the elimination of loading areas for the new building and the reduction in aisle widths as requested. A 3.05 metre wide road widening is required along the Portage Road frontage of the property. This will be taken at the site plan stage. 3 PBD-2015-17 May 12, 2015 • Building Services, Fire Services, Municipal Works No objections to the rezoning. Servicing, Ontario Building Code and fire safety measures will be addressed at the site plan stage. • Legal Services, Transit Services No objections. • Resident Comments A letter of objection has been submitted by a resident and is included on tonight's agenda. The letter raises concerns about the potential increase of traffic with the new building and suggests reducing the number of driveways exiting from the plaza onto Portage Road to improve safety (the site plan submitted by the applicant shows the removal of the southernmost exit from the subject land onto Portage Road as suggested). Neighbourhood Open House A neighbourhood open house was held on March 9, 2015. The applicant's property manager and architect and the owner of the neighbouring Dairy Queen property at 3509 Portage Road were in attendance. The neighbouring property owner's concerns were a lack of landscaping along the Portage Road frontage of the property and safety concerns about the driveway onto O'Neil Street near the intersection of Portage Road. Although he did not object, the neighbouring property owner questioned the findings of the parking study submitted by the applicant. The applicant provided further details on the parking study, noting it was prepared by a reputable traffic engineer, and two full days (Wednesday and Saturday) were utilized in the study. It was also noted that a further review of the landscaping and the access matters brought up would be undertaken. ANALYSIS 1 . Official Plan The lands are designated Major Commercial by the City's Official Plan and are part of the Stamford Retail District. Land within this designation is intended to provide a full range of retail uses and other commercial uses to meet weekly shopping requirements of residents. The proposed expansion of the plaza supports this function and will add additional facilities to serve area residents. 4 PBD-2015-17 May 12, 2015 2. Zoning By-law The applicant is requesting site specific regulations to be added to the existing GC zoning of the property to reduce the parking and the aisle widths requirements and to eliminate loading requirements for the proposed commercial building. Based on the parking requirements contained in Zoning By-law No. 79-200, the plaza, including the proposed 335 square metre addition, would require 324 parking spaces. According to the site plan submitted with the application, approximately 197 spaces that exist on the site comply with the by-law. Approximately 28 parking spaces within the Portage Road right-of-way and 31 parking spaces that exit directly onto O'Neil Street are accessed by a non- complying aisle and cannot be counted. A Parking Occupancy Study, prepared by Parsons Corp., was submitted in conjunction with the application. The study analysed the peak occupancy periods for the plaza on a weekday (1 PM to 5 PM) and on a Saturday (11 AM to 3 PM). The peak parking demand for the commercial uses was found to be 119 spaces at 2 PM on Wednesday September 24. Factoring the vacant and proposed commercial units, the peak parking demand for the commercial units was reported to be 140 spaces. The 5 second floor dwelling units on the land would require an additional 7 parking spaces bringing the total demand to 147 spaces. The demonstrated parking demand represents a 55% reduction to the parking requirement established in the Zoning By-law. Although the reasons for the reduction are not noted in the study, some factors that could contribute to the findings include: - uses having peak parking demands at different times of the day (i.e. the offices and the bank would have high parking requirements during the day, but low requirements in the evening, while the bar/restaurant on the site would have a peak demand in the evening when many other businesses on the site are closed); and - customers using alternative means of transportation to get to the plaza (i.e. the plaza is located within easy walking distance of A.N. Myer Secondary School as well as high density residential uses on Huggins). The City's Transportation Division has reviewed the findings of the Parking Occupancy Study Parking and has found them acceptable. The requested parking standard of 1 parking space per 52.4 square metres of commercial floor area would apply to all commercial uses. Currently there are differing standards based on the use, including floor areas, occupancy (for restaurants) and number of practitioners (for medical professionals). Applying a blanket parking standard for all commercial uses would simplify the zoning review for uses in the plaza. The standard parking requirement of 1.4 parking spaces per dwelling unit would continue to apply to the site. Application of the proposed standards would result 5 PBD-2015-17 May 12, 2015 in a surplus of about 50 parking spaces. This would allow for flexibility in the placement of the new commercial building on the site. The requested relief to the parking aisle width and the elimination of loading requirements are not considered significant. The requested 6.3 metre wide aisle width standard is the same standard that is applied to industrial and residential projects and will provide sufficient width for emergency vehicles to access the site. The new commercial building is relatively small in scale and not expected to generate significant loading demands. Smaller cube vans can provide the necessary deliveries for this building and utilize some of the excess parking spaces. 3. Site Plan The construction of the new commercial building will be subject to site plan control. The following two concerns raised by the neighbouring property owner should be addressed at this stage: The parking spaces along Portage Road south of the Dairy Queen should be removed and replaced with landscaping. These spaces are not part of the required parking and are partially located in the required road widening. Replacing them with landscaping would provide a landscape strip, outside of the required road widening, that matches the landscaping provided by Dairy Queen and will enhance the Portage Road streetscape. Safety concerns revolving around the easterly access from the plaza to O'Neil Street (close to the intersection of Portage Road) should be further reviewed at the site plan stage. Although the current access is not in keeping with municipal standards it has been in existence for a considerable amount of time. This access could be reviewed to see if it can be modified, or if additional signage is needed to address safety. It should be noted that this access is partially within the Portage Road right- of-way and may need to be removed in the future to accommodate road improvements. 4. Deeming By-law The subject lands are comprised of part of a Township Lot as well as 3 whole lots and 2 part lots (Lots 3, 4 and 5 and Part of Lots 1 and 2, Plan 204) in a plan of subdivision. These lots were intended to be developed separately. The development depends on all lots and parts being one parcel. If the lots are deemed no longer to be within the registered plan of subdivision and put under the same ownership they will be able to be merged with each other to form one parcel. To achieve this, the applicant should request the City pass a "deeming by-law" for Lots 3, 4 and 5 and part of Lots 1 and 2, Plan 204. A deeming by-law removes the special status granted to whole lots within registered plans of subdivision for the 6 PBD-2015-17 May 12, 2015 purpose of subdivision control under the Planning Act. The registration of such a by-law would merge the subject properties together and allow them to be developed as one parcel. This should be completed prior to the applicant submitting a site plan application. CITY'S STRATEGIC COMMITMENT The proposal supports the Economic Growth and Prosperity Initiative as it assists in attracting and maintaining business investment. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Site Plan Recommended by: dvAa ► ! " - Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 2/ 641\j— Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2015\PBD-2015-17,AM-2015-002, CMN Inc,Zoning By-law Amendment.docx 7 PBD-2015-17 May 12, 2015 SCHEDULE 1 i i if__ 1 L,_i__w_ _ RUSSEU.ST RUSSIL1 BROOKSr. _ ,.. 1:2. 3 ' 4 • A a 1 < -s z _ 1 1 V t 1 I l 13 , k ' , f ....1 ; 1111 O'NEL ST oiMILST — i 1,;•:7'-- -- ,.' • ,,,,,1 - 6 . -I L -...-.------------------".- . '--i ' 11111111 i his 1 . 1,. I 1 "V ".":71 .--". - 111 7 7 1 1 I KEITH Si 8 PBD-2015-17 May 12, 2015 SCHEDULE 2 IR._rnit- CYTSJEL STREET I.XI-..mow o q , . l cr . ...fti. .,.!Skit MVO -.. •. - tI TTJ; � 1Ilii i ► wisr: I r ' qtr 19I S i gV '''' F:# 1117;:::....1 1 ., A _ i g f .§ •.IfnW .y� U lit _ L € 3 SAN • i{74 I f = V 7 : '• • a.i.n I r` 1'r t a : aau tt.n, '` `4 /'1 h4 i M,rrt VIt -- .1 N ' ' ._ - _ ..dri. 1 _ :II . ,... it: VW., ' ' '..1.'L 'O. 4:.. , it Ztlet ij( :I :' ,,pt. •-M.! - �qyR! ,—k 2 it — • r.sry -' vr.ac. ysswl�.aer .XI 1Mf , ' 'I I` _ IRI ( ` _I A T / t[Mrrr1 ..0.nof WI /'. *Rai 4O4i 'r rWT7 - .. WI - • V-'Y]XR221 t +- ` I • SS 6411,1,16 e,. IMO 7 pTda[Y h r. Y f.T4 1 T{1fM.r( ' —1., V ... MRI.....tJ a NW," 6 1 : II= 311..0oR HUt• - 1 . I is 1- tY a.l.irM. 7^.� ; a-./ili aN-.Axe •,Tw, R..sr r�tf Li p a ,, it ..no. � IlitMrry/ M � '� ?YL 'r At..I•/ ,,\ 4 1114-1.4...?.�YA / .N rlrR R!♦r� • °� v ANN ♦.: � •t i.�a.� P 'rrT�4./ }' fio S▪OT A gc= __t - - _"_._— IC \ 4. _ + it b 5. • "" t Kau -- i� , , - III ./.:6646.,r 1I � ar.[r, .�r ss. -' 't++M.LWrii, I t 'Irk WLL.1.1/ T Alor.1.n�/'��,47''•'' KCRsf .,. rrw ONV[ i KC na+nom r i'-r.q-1 1111 PROPOSED S(TE PLAN PART 1 .6 - Planning .:scanned Barb Macdonald From: Gwen Donofrio L'"d 6tYfav()* Sent: Monday, April 27, 2015 8:31 AM To: Alex Herlovitch; Barb Macdonald; Andrew Bryce Subject: FW:Zoning By-Law Amendment application City File: AM-2015-002 Barb, Please print and scan into Zoning as well as Council Pending for May 12`h. Thanks, Gwen From: Pina Torweihe Sent: Sunday, April 26, 2015 5:13 PM To: Gwen Donofrio Subject: Zoning By-Law Amendment application City File: AM-2015-002 City Hall 4310 Queen Street, Niagara Falls,Ontario L2E 6X5 To the Director of Planning, Building& Development RE: Zoning By Law Amendment Application File n.AM-2015-002 Public Meeting May 12, 2015 rrECEIVED7 APR 262015 PLANNING & DE;VE:LOPMENT With reference to the above request of zoning by-law amendment application,we would like to express our opposition to such a change. We live at the north end of Vine Street and there is quite a lot of traffic during the day, along Portage Road and Vine Street. It is already difficult to make a left turn to the main street, because of the many driveways allowed out of the Stamford Green Plaza (along with the two corner stores entrances and exits). Reducing parking and adding a new building would likely result in more traffic and dangerous situations. It would be of much help if some of the entrances and exits could be eliminated or situated in a better way to allow for flow of traffic. Also, no mention is made of specifically what store or business would be permitted in the plaza in the new space. We thank you for considering our concerns. Mark& Pina Torweihe Vine Street, Niagara Falls, Ontario L2J 1L2 2 PBD-2015-16 Nalls May 12, 2015 iagaraJ REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-16 AM-2014-004, Official Plan and Zoning By-law Amendment Application 5971 Dorchester Road Applicant: Strategy 4 Inc. (Uri Salmona/Jeff Kenny) Proposal: Proposed Apartment Development RECOMMENDATION That Council approve the Official Plan and Zoning By-law amendment application to: designate the lands a Special Policy Area thereby permitting a residential development with a density of 109 units per hectare; and rezone the lands Residential Apartment 5C Density (R5C) with site specific regulations, as outlined in this report, permitting the development of a four storey and a five storey apartment building with a maximum of 154 dwelling units. EXECUTIVE SUMMARY Strategy 4 Inc. has submitted an application to amend the Official Plan and Zoning By- law No. 79-200 for lands known as 5971 Dorchester Road. The applicant is requesting a Special Policy Area designation to permit residential densities up to 109 units per hectare, as well as a site specific Residential Apartment 5C Density (R5C) zone to permit a four storey and a five storey apartment building with a total of 154 dwelling units on the land. The amendments are recommended for the following reasons: the development satisfies the intent of Provincial policies and the City's Official Plan to provide intensification opportunities within the City and additional housing choices for City residents; the development proposes a minor increase in density. The project provides154 dwelling units whereas the Official Plan currently would permit 140 dwelling units; the project provides significant rear and southerly side yard setbacks, ample landscaping and preserves mature trees on site. This will make the proposal compatible with surrounding residential uses; and existing and planned infrastructure can support the development. 2 PBD-2015-16 May 12, 2015 BACKGROUND Proposal The applicant has requested an Official Plan and Zoning By-law amendment for a 1.41 hectare (3.5 acre) parcel of land known as 5971 Dorchester Road, as shown on Schedule 1. The lands were formerly occupied by the Diamond Jubilee public school. The applicant is proposing to demolish the existing building and construct 2 apartment buildings. Initially the applicant proposed to develop the site with a 4 storey and a 6 storey apartment building, providing a total of 174 dwelling units. In response to input received at a neighbourhood meeting held in December 2014, the applicant reduced the height of the 6 storey building to 5 storeys and shifted the 4 storey building 5.8 metres further from the southerly boundary. The changes reduced the number of dwelling units to 154. Refer to Schedule 2 for further details on the current proposal. The land is designated Residential in the Official Plan. Apartment buildings up to 6 storeys in height and with densities up to 100 units per hectare can be considered on residentially designated lands that front onto an arterial road, are located on a transit route and are in proximity to commercial areas. The applicant is requesting a Special Policy Area designation to permit an apartment development with a density up to 109 units per hectare. The land is zoned Institutional (I) in accordance with Zoning By-law No. 79-200. The zoning of the land is requested to be changed to the Residential Apartment 5C Density (R5C) zone, with site specific regulations for lot area, front and rear yard depths, side yard width, landscaped open space, number of apartment buildings, parking and balcony projections. Site Conditions and Surrounding Land Uses A portion of the former Diamond Jubilee public school is now being used as a day care and private school. The property slopes to the south and west. A number of mature trees are located along the south, west and north lot lines. The lands to the south, west and east are developed with single detached dwellings. Part of the former Pew Street right of way is located to the north-west. To the north is a 6 storey apartment building as well as a number of commercial uses fronting onto Lundy's Lane. Circulation Comments Information regarding the proposed Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: 3 PBD-2015-16 May 12, 2015 • Regional Municipality of Niagara No objections. The proposal is consistent with the intent of Provincial and Regional policies, will assist the City in meeting intensification targets and will add to the range of housing types in the area. • Parks Design No objections. A landscape plan will be required as part of the site plan application. Measures to protect the mature trees on the property should be incorporated into the site plan process. 5% cash in lieu of parkland dedication is applicable. • Transportation Services — No objections. The parking reduction has been satisfactorily addressed in a study submitted by the applicant. The applicant has redesigned the site to align the driveway with the intersection of Dorchester Road and Spence Street and minimize traffic conflicts. Significant traffic impacts on Dorchester Road are not expected because the project replaces a school that generated a comparable amount of peak hour traffic. A 3.05 metre road widening will be required to be dedicated along the Dorchester Road frontage of the property at the site plan stage. • Municipal Works — No objections. A storm sewer will be required to be extended from Barker Street to the subject lands via Dorchester Road. These works, as well as necessary site grading and servicing, will be addressed at the site plan stage. • Building Services, Fire Services No objections. Ontario Building Code matters and fire safety are to be addressed at the site plan stage. • Legal Services, Transit Services No objections to the rezoning. • Residents A total of 7 letters have been received from neighbouring residents and are included in the agenda. These letters cite concerns about traffic on Dorchester Road, a loss of privacy to the south, drainage, a lowering of property values and preservation of mature trees along the southerly lot line. One letter from a property owner on Brookfield Avenue suggests that there should be access from 4 PBD-2015-16 May 12, 2015 Brookfield Avenue to alleviate traffic impacts on Dorchester Road and offers to sell their property for this purpose. Another letter, from the lawyer for the current tenant in the former school on the lands, notes that the tenant has a lease until 2018. Neighbourhood Open Houses Two neighbourhood open houses were held by the City regarding the proposal to redevelop the site. One was held on December 8, 2014 and the one on the current proposal was held on April 7, 2015. The December 8th meeting was attended by 17 residents and the April 7th meeting was attended by 11 residents. At these meetings the residents raised concerns about traffic volumes and safety on Dorchester Road, privacy for adjacent residents, market potential for this project, water pressure and stormwater management. They asked questions about the nature of the project, unit sizes and the expected rents, and if the project would be affordable rental housing. Questions were also asked about fencing for abutting properties and the potential for a second access via the former Pew Street allowance. A suggestion to reduce the southerly building to 3 storeys and increase the northerly building to 6 storeys was put forth. Concerns about the cancellation of the current lease in the former school building were also raised by the current tenant. The applicant stated that a traffic study did not note unacceptable impacts on Dorchester Road. The applicant provided some details on stormwater management noting that flows would be directed away from adjacent properties and into a stormwater drain, and a wood fence would be erected around the site to screen adjacent properties. City staff noted that the City is not aware of any water pressure issues within the municipal system, and that hydrant testing demonstrated there was sufficient water pressure. The applicant stated the unit sizes would be 65 - 111 square metres (700 - 1200 square feet) and rents would be $1100 - $1200 a month. It was noted that a second access from Pew Street may not be possible given the conveyance of part of the land to an abutting land owner. The applicant noted the requested zoning would allow for a 3 storey and a 6 storey apartment building. The applicant also noted the redesign allows for the apartment buildings to be built in phases, which may allow the retention of the former school building and its continued use until the second phase of construction starts. ANALYSIS 1. Provincial Policy Statement and Growth Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built up area. As noted in staff report PBD-2015- 18, on tonight's agenda, the City has not yet achieved this target. Further development of multiple unit housing within established areas of the City is necessary to meet Provincial targets. Approval of the application will provide a multiple unit housing opportunity to assist the City in meeting its intensification targets, and make more efficient use of urban land and existing infrastructure. 5 PBD-2015-16 May 12, 2015 2. Official Plan The land is designated Residential by the City's Official Plan. Apartment buildings with building heights up to 6 storeys in height and with densities up to 100 units per hectare can be considered on residentially designated lands that front onto an arterial road, are located on a transit route and are in proximity to commercial areas. The applicant is requesting a density of 109 units per hectare to be permitted on the land. This would allow 14 more dwelling units to be developed on the land. This request is acceptable for the following reasons: - The proposal meets the objectives of the Official Plan of providing increased densities within the urban area and an efficient use of existing infrastructure; - The proposal will broaden housing choices in the City and will contribute to the City's required short term (3 year) supply of housing; - The proposal achieves compatibility with the surrounding neighbourhood by providing a gradation of building heights between the abutting six storey apartment building to the north and the single detached dwellings abutting to the south and west, and providing setbacks from the single detached dwellings greater than the heights of the proposed buildings; - Compatibility is improved by providing extensive landscaping around the perimeter of the site, particularly abutting single detached dwellings, and retaining mature trees to buffer the surrounding neighbourhood; - Given its proximity to major highways, transit routes and commercial areas, the site is well suited for an apartment development; - The transportation system and municipal services can accommodate the development; and - The proposed change would result in an additional 14 units, which is a minor increase in the intensity of development over what the Official Plan currently permits. The applicant has submitted a draft Official Plan Amendment which is attached as Appendix 1. This amendment is generally acceptable, subject to revisions to reflect the City's format. 6 PBD-2015-16 May 12, 2015 3. Zoning By-law The current Institutional (I) zoning of the property would permit a retirement home and nursing home on the land. The I zone permits a maximum building height of 10 metres as-of-right and building setbacks as close as 5 metres to the north and south lot lines and 10 metres to the west lot line. The I zone would only require 5% of the lot to be landscaped. The applicant requests the property be rezoned to a site specific R5C zone to permit the apartment buildings. The following chart compares the standard regulations of the R5C zone with those proposed: ZONE REGULATION EXISTING R5C PROPOSED R5C REGULATION REGULATION Minimum lot area 100 sq.m per unit 91 sq.m per unit Minimum front yard depth 7.5 m 8.3 m Minimum rear yard depth 10 m 28 m Minimum northerly interior side yard width 8.8 m 8.9 m Minimum southerly interior side yard width 7.5 m 17 m Number of apartment dwellings on one lot 1 2 Minimum number of parking spaces 1.4 spaces/unit 1.27 spaces/unit Maximum balcony projection into required 0.45 m 1.75 m yards Minimum landscaped open space 40% 38% The requested regulations can be supported for the following reasons: The adjustment in lot area is to permit the number of units requested; The larger setbacks to the west and south lot lines will reduce the overlook of the proposed buildings over the adjacent dwellings, and will allow for the preservation of the mature trees in these yards; - The increased balcony projections can be supported given the increased building setbacks from the residences to the south and west; - The provision of 20 parking spaces less than the City's standard is acceptable. The applicant has submitted a parking analysis based on a study of 2 apartment developments in the City, including the development immediately to the north. This study concluded that a lower parking standard would be appropriate for the proposed development; and 7 PBD-2015-16 May 12, 2015 - The minor 2% reduction in landscaped open space from the standard R5C provision can be supported as wide landscaping strips are proposed as a buffer between the buildings and existing dwellings on lots to the west and south. As well, a wide landscape strip is to be provided along the Dorchester Road frontage. In addition to these standards, staff recommend the inclusion of regulations in the by-law to limit the heights of the buildings to what is proposed including the pitched roofs (Schedule 3 shows the elevation of the proposed 4 storey building with the pitched roof). Doing so, the northerly building would be limited to 19 metres and 5 storeys, the southerly building would be limited to 16.5 metres and 4 storeys and both would be required to include a pitched roof in the permitted height. Implementation of these regulations would ensure compatible building heights and an attractive roof features. 4. Site Plan The development will be subject to site plan control. Many of the measures to address resident concerns and ensure the project's compatibility with surrounding dwellings will be addressed at this stage, including the following: Provision of a stormwater management system to divert stormwater away from adjacent properties and into the City's stormwater system; Preserving and protecting the existing mature trees on the south and west sides of the property to assist in buffering abutting properties from the development; and Provision of wood fencing and additional landscaping to screen abutting residences from the development. Typically, such fencing is 1.8 metres (6 feet) in height. 5. Traffic Concerns Abutting residents raised concerns about potential traffic impacts on Dorchester Road and Barker Street, and impacts on water pressure in the area. The applicant submitted a traffic study that supports the proposal, notes the impacts on Dorchester Road would be minimal, adding about a 3 second delay to traffic movements at the Dorchester Road and Lundy's Lane intersection at peak hour traffic. Transportation Services agrees with the study's findings and claims that impacts may be less because the development replaces a significant peak hour traffic generator (the current Montessori school/day care use on the land). The City's Sustainable Transportation Master Plan indicates that this section of Dorchester Road warrants improvements in the next 20 years, regardless of the subject proposal. 8 PBD-2015-16 May 12, 2015 Current data indicates that traffic on Barker Street is within the volume threshold of a local road. If speeding concerns develop on Barker Street, speed control devices could be considered by the City. CITY'S STRATEGIC INITIATIVE Although the proposal does not specifically affect any of the City's strategic initiatives, it conforms to the City's Official Plan in terms of providing additional housing choices for residents. LIST OF ATTACHMENTS • Schedule 1 — Location Map • Schedule 2 — Site Plan • Schedule 3 — Elevations for Proposed 4 Storey Building Appendix 1 — Draft Official Plan Amendment Recommended by: , c.,, ''; Alex Herlovitch, Director of Planning, Building & Development IRespectfully submitted: L41194 Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:TOR\2014\PBD-2014-57,AM-2014-009,9275-9311 Shoveller Dr.docx 9 PBD-2015-16 May 12, 2015 SCHEDULE 1 E _ ---t-—--- NI 1i2.353 11 ' : . i , WOWS IX LON DY'S LN wows LI4 — . _____ -- -T 1 — co 8 mn, i , 1 [ t7 s« --1-----7 ...___ xi ! 1 111 ! , ......_-, --- SPCE ENST p 8 r-- i _ < 1 t ... ,iI 7------ . tt SAUER sr --4 —I i 1 _.,.....,,..__._ OMR ST t ...._—, --I -- ---;-7--1--- I--1-1- ---- -- T1, 1 , [ i 1 ' 1 : 1 1 . , i ---i H-, . CRESC% ------, i --.____. RP -.- ,------. 1 1 . I 1 ,---r ...I77"'L'-rj./ I ---4 t - i i . ,,--.---. i 11.0011L CT I —7, ,' '• -- 10 PBD-2015-16 May 12, 2015 SCHEDULE 2 a — .... 14 19.71 !I 1 s. 1 — :..".... -r , ; ( , MSCI- II , ) 1 11. 11 I :I ril '.., *--____ 10 1W _-, 5 - -- a • lo :.iit ii —:.', .. Ilf + i. N 1 'fly . ii. . rte' • I '- I . 11) ®- ....[,- _ , -r-:- , 4. " I - .::,,r''''11 Ili gill ' it I 41 [ II I .,_ _7( 1 it - : 03. fi, /11'""- .... .„... 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Mi all1111M111111111--=-=1, if 0111121111 •SI•rin-,., oil na. . - , II IRA! 0.I.1 I sisal id F_ __,......._ , , .111 mil il I.:M1.or. _ _----.---- i in 21 NI MI . 2111§11111, SI ..i •'Elli V Eli 11111 III .--,. —.. a a Intiall Mt z , k:;'!-•, . . • 4 ' i laliall WV - Simai rat .. _....... .1 1 la is n All 1:2, imilim u ! .-.:. 1: 1 ..ip Ili trilliiis ,... a magi Si ,VIM MUM...OMR r•9111 Li '9•112 111 N 14/1101•=••••••, '' • ;-: igali lill .- . ..MI; , • I .. 1 _.. 12 PBD-2015-16 May 12, 2015 APPENDIX 1 THE CITY OF NIAGARA FALLS AMENDMENT NO XX TO THE OFFICIAL PLAN The Official Plan of the City of Niagara Falls is here by amended as follows: THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule"A"of the Official Plan is amended to permit the following on the land on the West side of Dorchester Rd,South of Lundy's Lane,being Lot 141,Stamford;Niagara Falls and shown hatched and numbered XX on plan Schedule 1,attached to and forming part of this Official Plan Amendment. 2. Notwithstanding the provisions of Part 2,Section 1—Residential Policies,Section 1.15.5(iii) the subject property identified on Schedule A,attached hereto and forming part of this amendment shall be permitted to develop in accordance with the following regulations: a) Maximum Density 109 Units per hectare PASSED this_day of ,2015 CLERK MAYOR 13 PBD-2015-16 May 12, 2015 MAP 1 TO AMENDMENT NO. XX SCHEDULE -A - TO OFFICIAL PLAN AMENDMENT NO. XX Area Affected by this Amendment f Proposed Change To Permit Development up to 109 Units Per Hectare . ,. . :: . I-\-:1 5471 1}URLt1tER RD 4 \ . i r __ s _ t Fri ..:1 £_. _t (*I $r - Prarugag /Smarted May 26, 2014 Attention: Planning & Development City Hall Building Services City Hall RE: Request for Rezoning for Proposed Development 5971 Dorchester Road, Niagara Falls Our home is located at 6009 Dorchester Road,just south of the former Diamond Jubilee School. We understand there is a request to rezone the property known as 5971 Dorchester Road from I- Institutional to R5C. In late April 2014, we were given the opportunity to meet with Jeff Kenny of Salmona Tregunno Inc. representing 2235209 Ontario Inc. to obtain a brief overview and some drawings of their proposal. The reason for this letter is to formally submit our concerns regarding this development. As owners of the property directly south of the proposed development, our concerns include, but are not limited to, the following: (i) The Number of Units Proposed -As this number exceeds the UPM limit stated in the Official Plan, a main concern of ours is that the owners may decide to convert some units into subsidized housing if there are vacancies. While phrases such as"luxury apartments" and "senior residences" were used at the initial meeting, we were never guaranteed that any of these units would never become subsidized rental properties. (ii) The Size of the Rental Units-To obtain the 174 units desired by this proposal, it seems the square footage of each unit does not meet the square footage required per unit in the by-law. (iii) The Height of the Building- Although it is not clear if a 4-storey or 6-storey apartment building is proposed to face Dorchester Road, we feel that even a 4-storey building built beside our home would tower over our one-storey dwelling giving a street view that would not be aesthetically pleasing. A 6-storey would exceed the zoning by-law. (iv) Parking--Because their proposal does not meet the required ratio in the by-law, we have to ask ourselves where the extra vehicles and visitors will park. Seniors are driving much later in life than in the past due to improved vision and health. My spouse and i both have our own vehicles. Will this development allow for a one-bedroom unit to have two parking spots? - 2 • — (v) Landscaping--The minimal landscaping shown does not meet the required percentage. Using open space owned by an adjoining property (ex. Dorchester Apartments just north of the development) should not be allowed to be included in this percentage, (vi) Garbage Location and Pick-up_.The location of the garbage bin/storage area was not shown on the drawings given to us in our early meeting. Will there be enough room for the garbage and/or recycling trucks to turn around? (vii) Fire Truck Route-. Based on the drawings we have seen there is little room for a fire truck to access the rear buildings, let alone turn around, (viii) Interior Side Yard Allowance(South Side).- While viewing the site plan, we noticed that although Block "C" meets the 8.1 rn required between the properties, the space between the parking spots at the south of Block "A" and our property line appears to be half of that. We would like this measurement clarified as having cars parking approximately 4 metres from our home would be a deterrent to future purchasers. While we are not opposed to a new neighbouring development,we feel that this proposal is too large an undertaking for the area in question. We would recommend two 3-storey apartment buildings housing approximately 80-84 units. A project along these lines would solve all of the issues previously listed. Therefore we request that rezoning the property be postponed until a more suitable plan is proposed. Thank you for your time and consideration, James Blanshard Ada Blanshard 6009 Dorchester Road 6009 Dorchester Road Niagara Falls, ON t.2G 5S8 Niagara Falls, ON L2G 5S8 (289)296-7570 (289)296-7570 • ( ,,r I / r i i s , 7741 ,,, 'd BARRISTERS AND SOLICITORS Planning Stunner/ I III Broderick&Par LLPFiler Effective legal service in Niagara since t 1. 4625 ONTARIO AVE. P.O.BOX 897 NIAGARA FALLS,ON December 8, 2014 CANADA L2E 6V6 Oxford Road Developments 1 Inc. TEL(905)356-2621 c/o Suite 100 2620 Bristol Circle FAX(905)356-6904 Oakville, ON L6H 6Z7 broderlekpartners.com Y & Z Zahavy Holdings Inc. 5971 Dorchester Road Niagara Falls, ON L2G 5S8 J.J.BRODERICK e c., Strategy 4 Inc. Law Society Certified Civil Litigation Specialist Unit I W.A.AMADIO 2620 Bristol Circle Oakville, ON L6H 6Z7 J.B.HOPKINS G.A.KIRKHAM Dear Sirs: I.M.GILBERTI Re: 5971 Dorchester Road (Assessment Roll No. 2725-070-017-10700) Fluent In Italian&French Official Plan and Zoning By-Law Amendment Application R.B.BURNS City File No. A1VI-2014-004 Applicant: Strategy 4 Inc. M.D!GIROLAMO Lease Agreement between Oxford Road Developments 1 Inc. Z.SASK1N and 1788721 Ontario Inc. ofa Pathways Academy Early Learning Fluent In Bosnian,Croatian Centre ("Pathways Academy") &Serbian We are the solicitors for Pathways Academy, the tenant under a lease made as of the 1st day of July,2011 with respect to the lands known municipally as 5971 Dorchester Road. You may or may not be aware that our clients operate a child care business at the property. We wish to remind you that our client has a valid and subsisting lease with respect to the property for another for (4) years with several options to renew. The lease provides our client with a quiet enjoyment clause. We simply wish to point out that the Application is premature as your client is unable to carry out th *-- in the attached Notice of Application & Open House. It has howcv r t ED DEC 0 8 2014 PLANNING & DeVi LOPMFNT -2- impact on our client's business operations. It is our hope that your client will respect the lease agreement between the parties and our client's business and take no steps that would damage our client's operations. As such we are requesting that you consult with our client prior to taking any further steps as it could cause irreparable harm to their business. Should you wish to discuss these matters please have your solicitor contact the undersigned. Yours very truly, BRODERICK& PARTNERS LLP 1 \ MARC A. Di Tr-AM/0 MAD/If Enclosure c.c.: Director of Planning, Building & Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 David Bereskin (via facsimile(905-845-6917) Planning Scanned File: __ 6850 Spence Street Niagara Falls, Ont L2G 1Y2 Re: Assessment Roll No. 225-070-017-10700 City File: AM-2014-004 Mr. Herlovitch: We are writing this letter regarding the open house meeting on December 8, 2014, as we will not be here for that meeting. We have lived in this neighbourhood for 36 years, and have seen many changes, some good ones, some that are not so good. This end of Dorchester road is, to say the least, not as wide as some parts of Dorchester road, and there are some traffic issues that occur, during certain times of the day. We realize that people coming and going from an apartment complex, is not quite the same as those from a business, but we are pretty sure there will be some issues. We are sure that traffic flow studies have been done, and while this area may not have quite the same amount of traffic as other areas,there are other problems. Although our biggest issue lies with an already established business, meaning the bank plaza on the corner of Lundy's Lane and Dorchester, we can foresee some of the same issues with this new complex .It is hard to see from the plans that were sent where exactly the entrance and exit to this complex will be. We already have significant problems with people driving on Dorchester Road towards Lundy's Lane, and our street being blocked with traffic. The sign that is there saying not to block the side street, really doesn't seem to help. The funny thing is that just up the road at the sight of the plaza, people always seem to leave space for people to exit and enter. This is a real problem for people coming around the corner onto Dorchester, as it is sometime hard to see people exiting. We know there have been many fender benders over the years, and we are sure not all have been reported. We are hopeful that if this development goes forward, and even if it doesn't that perhaps with the bank plaza, the already established apartment building, and these new buildings, that exiting from here, should have no left hand turns. We feel that this should help with the flow of tr : . " w ` ED DEC 0 9 2014 P ' NNING • • `MENT worry about whether or not someone is going to get hit. Also how secure is the developer that all of the units will be rented, or will there be a lot of vacancies, as in other properties around the city. We will certainly be interested in attending the formal public meeting when that happens. Yours truly Cc: Mayor J. Diodati Kim Craitor /1 ., (' , c,---2 / _ ./ , • ! sf l , -cam - 1' 1 , / G Robert Sherren Susan Sherren Ptanninc - r ec riS n /a( Filo,, r - dit!aivi April 7, 2015 Director of Planning Building & Development City Hall 4310 Queen Street Niagara Falls, On. L2E 6X5 Re: 5971 Dorchester Road Official Plan & Zoning By-law Amendment Application Gentlemen: In the revised proposal, Block "A" has been reduced by one storey and moved to the rear of the property, overseeing all of the surrounding homes. It would seem more logical to have "A" six storeys, like the current adjacent apartment building, and make Block "B" three storeys to blend better with the surrounding one & two storey homes. Both would be set back the same distance from Dorchester Road as the current buildings. This having been said,we still object to the proposed development of this property for the following reasons: • Lot grading and watershed management: The proposed development is several feet higher than Barker Street. Any bylaw variances/project approvals would have to include specific undertakings to ensure the developer implements sufficient rainwater management best practices to ensure there are no flooding or other grading related environmental issues. • Traffic - Doesn't the region have requirements for traffic entrances on regional roads? If so, what are they? This development proposes 150+ units with 1.25 parking units per, all of which would have a single entrance onto Dorchester road at a point very close to Lundy's lane. Said area already has very heavy traffic daily, and a large number of traffic accidents due to the volume and complexity of the intersection. Water pressure - has always been an issue in this area. What will happen with the increased number of residences? • Trees - the row of large trees along the south side of the property provide shade and privacy. Should they be impacted by the development, then any bylaw variance should include a requirement for the developer to replace the trees with stock CEIVEC Y'~ APR 0 8 2015 o. ,rPLANNING :V r Pr17FN r sufficient quantity and size (height and density) so as to restore the privacy quality to the pre-development state. Said obligation should extend several years beyond the completion date of the development ( warranty period) such that damage or impairment would have time to become apparent. The city should require a bond or deposit be paid by the developer as a surety pending the expiry of the warranty period so that the money for the remediation, should it be required, would be securely in the city's hands. • Clarify exactly how much the proposals from the developer exceed what would be the defaults or standards of the R5B zoning initially being sought. Specifically: - Lot area - front and rear yard depth - side yard width - landscaped open space - number of buildings - parking - balcony projection regulations • That any zoning variances or changes be made exclusive to this developer for this development as approved. Should for any reason, the development not occur, or should changes beyond those proposed be required, then the original zoning be restored. Thank you. Sincerely, /7":"2 Joseph & Philomena Prest Barker Street Niagara Falls, Ontario L2G 1Z5 ez; 7/7(by /0( Planning _Scanned File. u- December 8, 2014 Director of Planning Building & Development City Hall 4310 Queen Street Niagara Falls, On. L2E 6X5 Re: 5971 Dorchester Road Official Plan&Zoning By-law Amendment Application Gentlemen: We would like to take this opportunity to object to the proposed development of this property for the following reasons: 1) Traffic: The Lundy's Lane/Dorchester Rd. intersection has long been a problem. When the plaza on the south-east corner was built, the problem became much worse. Luckily, half of the plaza has been vacant for some time easing the traffic situation temporarily. At busy traffic times, Dorchester Road is backed up far beyond Barker Street. The addition of some 215+vehicles to this already problem area is unconscionable. 2) Elevation&drainage: The property in question sits several feet higher than Barker Street. More than half of the property is currently covered in grass. What will happen when you have two large buildings and most of the property is black-top? Will a heavy rain result in flooded yards, and homes, when the drainage system is over-whelmed? 3) Trees: There is currently a row of very large, very mature trees along the south side of the property, and some at random elsewhere. They could, undoubtedly,not survive the new conditions. 4) Privacy & value: Privacy will be completely lost to the homes on Barker Street& Brookfield Avenue that back onto the said property. Real estate values will decrease substantially. 5) Construction: Will the heavy equipment required for such a project cause damage to the surrounding homes? We hope that a more suitable development, that does not interfere with the current resident's enjoyment of their properties, can be found. Thank you. Sincerely,,a / / • „. i Joseph& Philomena Prest Barker Street Niagara Falls, Ontario L2G 1Z5 EGET ED DEC 1 0 2014 PLANNING & DEVr._=?.OPMENT .. . C C /I/6V / --(Air C.aaj7 f Z gi4 Planning , 4.1 41, A"..." )Scanned File: 414-- tr7;01/ 174 e4/6-7 alt,e, • , . /e4g-e-, tieev' i- 4-4-eeel /07-- 1-}leizi-a LE ..., 14...,,,,./10-c:_el_." , _ ,...„.,, ,tt.„ ..-- 44,,,,. (P) y9 Ax.,,e,-/--) / - / I ,. . 11._4-6-41-0 601 te-el--d JO r ' i 1 f ,A11-47-14- -i t97`•kL-- . :-X-le...... itlis--L,d_e_ AC //, , &t .„ i. „,/ / L.t.g....e__. .164 4 ' :' ,, 4--i.--e--• „,44---,n,e-1,1A-1.-ea / . - ---&47,4_, - / izti di itzeA i / / J -44-A-e--' . -.;t2d.e..." /v-e_ey-c.„13, _, __L ,, , - > l:211,_ I ': ED /,' / /-exe).-.) /1-1 "* ...,e-e :., ..., DolAio-r ("09--ir 7-6 ,eAff/ ) / t -LANNING & DEVELOPMENT . „ . _ .. . • C-57\,121--e-, J ii -- . -.6" ZL --4-d--e-zd A i ,, j I' 1' rj I '11.A"ald4 if Zt, ..:61 de . ..4.4t.A°67.e...,e---er-144,40--/ .--4----"oe/0-6-aa-tILL, I"e__, , * at , i o d,,),2, eLo A-0Y .0; - a ,/ ---6-0-e ..at.el)* / . I- / tq111QS/. t) t; G /// /CX L,0af'(c>L,(7 p4aQvicl. Frio: ,/• - A - Ross J W Gillett O.N. Traffic Operations Specialist(Ret.) Mail: 10 Parkview Drive St Thomas ON N5R4B5 rgilletton@gmail.com 519-207-1276 Alex Herlovitch, MCIP February 22, 2015 Director of Planning 4310 Queen Street Niagara Falls ON L2E 6X5 Re: AM-2014-004 5971 Dorchester Road, Niagara Falls ON My wife and I are long-time owners of the residence at 5962 Brookfield Avenue.Our home is on the east side of Brookfield,the third property south of Lundys Lane,and we back onto the former Diamond Jubilee school yard. It's also in line with and due west of Spence Street which extends east from Dorchester Road,opposite the frontage of the subject development. Having been retired for 24 years, we are now life-time residents of a long-term care home,Caressant-Mary Bucke in St Thomas ON.Travel is virtually impossible for us now, so we were unable to attend the Open House which was held on December 8th at the City Hall. Redevelopment of the former school property has been anticipated for several years.The proposal submitted is quite compatible with other buildings in that area of Dorchester Road. However, my 35 years experience in traffic engineering and related community developments makes it obvious to me that one major problem with the proposal raises serious concerns requiring amendment of the plan details. This development of 174 units with only one access driveway to Dorchester Road will generate a peak volume of traffic comparable to that now accessing from Barker Street at Dorchester; it will also be a serious detriment to the ingress and egress of emergency vehicles.I am therefore convinced that the City should insist on an additional access to the property. One alternative would be narrowing of the proposed central driveway entrance, and relocating the southerly building further north to provide an exit lane along the south property limit. This access,combined with a northbound centre left turn lane on Dorchester Road into the property(and signing of the two drives as one-way only)would vastly improve the situation. However,I was surprised that the developer did not recognize the problem and plan for some additional access such as using a property onto Brookfield and/or the narrow road allowance known as Pew Street. Our property will be available for sale this spring, and I'm certain an attractive arrangement could be had with the developer. Brookfield residents should not object to a vehicular access; we are now subject to vehicles regularly cutting through the area from Lundys Lane to Barker Street or returning. These movements are notoriously bad at peak-hours when traffic backups daily occur on Dorchester Road approaching Lundys Lane,causing continuous lineups northbound from Barker Street. Serious access delays are bound to occur for the residents within the proposed development; and even the over-due widening of Dorchester Road would not assist these residents. Please keep me informed regarding 's development. Respectfully submit e•, Ross illett cc to Region Planning Office&Ceasar Condino, Brookfield Ave. i '=` ; w t=Renui 122015 PLANNING & DEVELOPMENT y Planning ` m Scanima File: 17( Gwen Donofrio 71(1 a From: • / Sent: Monday, December 08, 2014 2:25 PM To: Gwen Donofrio Subject: re: 5971 Dorchester Road redevelopment(12.07.2014) Director of Planning, Buildings and Development City Hall, 4310 Queens Street Niagara Falls, Ontario L2E 6x5 Dear Mr. Herlovitch MCIP RPP Re: 5971 Dorchester Road: Bylaw Amendment Myself and family have been long term residents in this Barker, Brookfield Niagara Falls neighborhood and have recently been forwarded the NOTICE OF APPLICATION for this redevelopment project. My initial impression of the project is that it is very unimaginative, much too dense and out of scale as appropriate development adjacent to the single family homes bordering the existing Diamond Jubilee School site. Given the provided two page description of the project there is nothing within the description to indicate that the project merits from a design or other point of view the increase in additional density of 20% that it seeks. There appears to be no amenities provided to either the development outright or to the adjacent neighborhood to warrant any increase in density what so ever. A proposal that seeks approval to construct 174 units of high density space adjacent to an established thriving single family neighborhood is simply too great an increase in scale of redevelopment. A more appropriate solution perhaps would be to redevelop the majority of the existing school green space as single family lots to match those adjacent on Barker and Brookfield streets and add a small amount of higher density with underground parking along the Dorchester St. face, not two massive characterless flat roofed apartment buildings similar to those planned in the 1960's along lower Dorchester and Drummond roads. The schedule 1 (proposed site plan) show many problems in planning now that result from this proposal that require cutting back the density and redesign or preferably a new master plan of significantly less density but higher unit value. First there is effectively no green space left on the site as most of the green field has been converted to a characterless sea of surface parking. Can you imagine the negative impact that will have on all the residents' back yards along Barker and Brookfield streets property lines. At the least the project design should propose a significant heavily landscaped landscape buffer, perhaps even burmed to provide noise and visual separation from the surface parking. This essential feature is currently missing in the plan. Even as high density rental the layout of the two building blocks could also be substantially improved by reducing their sizes to 100 units per hectare and next rotating the 4 story block 90 degrees to create an "L"shaped building. This would provide needed separation from interference between the 4 story block and the rear years on the single family homes on the Barker property line. Access to the site could still be from Spence St. by allowing traffic at grade level to pass under the upper stories of the Dorchester block to underground parking for the majority of the required parking. The existing green field could then be retained and redeveloped as a significant green buffer for sight, sound and public use as it has been since the 1950's. These are but a few ideas that demonstrate that the existing proposal does not meet even minimum current urban planning objectives. I urge you to reject it outright for a better solution that will interface sensibly with the existing neighborhood and enhance the natural beauty of Niagara. RECEIVED yours truly, =No DEC 0 8 2014 immisinamme PLANNING 1 DEVELOP ENT "--_____. 9.- PBD-2015-18 NiagaraFalls May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-18 Comments Regarding the Provincial Review of the Greenbelt Plan, Niagara Escarpment Plan, the Growth Plan for the Greater Golden Horseshoe and the Oak Ridges Moraine Plan RECOMMENDATION 1. That this report and conclusions be sent to the Region and Province as the Niagara Falls response to the review of the Growth Plan, Greenbelt Plan and the Niagara Escarpment Plan. 2. That the lands associated with Fruitbelt Parkway be removed from the Greenbelt Plan and the Niagara Escarpment Plan as shown in this report. 3. That the Niagara Gateway Economic Zone shown in the Growth Plan include the lands surrounding the interchange of the QEW and Mountain Road; removal of these lands from the Greenbelt Plan and Niagara Escarpment Plan, respectively, is vital to the economic growth of Niagara. AND that the Province treat the jurisdictions that comprise the Outer Ring differently than the GTA from a Planning and development perspective. EXECUTIVE SUMMARY Growth and development in southern Ontario ........k.4441 fboresio is controlled by four inter-related Provincial a"s ";; ,,,:i documents: the Greenbelt Plan, the Niagara ,_ Escarpment Plan, the Growth Plan for the Greater Golden Horseshoe and the Oak a!'4;$11r6.4 . Ridges Moraine Plan. (The latter does not sro, thPla" affect Niagara.) As all four plans are up for ,.. ,_ <` r4„ , . . , .4.44 their 10-year review, the Province has undertaken a coordinated review of the plans _. and has requested comments from municipalities, the private sector and the , general public Ontario ..7"4.41 Staff has reviewed the Growth Plan, Niagara Escarpment Plan and the Greenbelt Plan and r has detailed in this report comments that will be sent to the Region, who is coordinating a ' #11111406t, , ' regional response, and to the Province. , :i.'"'*--"--' 3 OW Ritxxs i ,, 2 PBD-2015-18 May 12, 2015 BACKGROUND Since 1985, starting with the Niagara Escarpment Plan (NEP), the Province has enacted legislation, policies and plans to control growth and development within southern Ontario. In 2005, the Province adopted the Greenbelt Plan and 2006, the Growth Plan for the Greater Golden Horseshoe ("the Growth Plan"). A map illustrating the areas affected by each plan is attached as Appendix 1. Although these are separate and distinct documents, the four plans are inter-related in that they "...direct planning and organize how cities and communities grow in the region." The overall goals of the plans are basically: • To protect agricultural lands and natural heritage features; • To accommodate growth in a manner that concentrates development within existing urban areas; • Restricts urban sprawl with the aim to reduce commuting times and traffic congestion; and • To encourage urban areas to be complete communities which provide a range of housing, services and employment. Given the inter-related nature of the Plans, the Province has undertaken a Coordinated Review of the Plans and is seeking comments from municipalities, the private sector and the general public. It has circulated a discussion document, Our Region/Our Community/Our Home, which provides a background to the Plans and poses several questions within six broad based topics. (The Discussion Document can be found at http://www.mah.gov.on.ca/Page10882.aspx ) The Province has also embarked upon a series of "Town Hall" meetings across the region to obtain comments. Staff attended the meeting on April 15th in St. Catharines. Niagara Region is coordinating City Staff's comments together with those of the other lower tier municipalities and will be submitting a response to the Province. This report which represents specific local issues should be sent to both the Region and the Province. Comments to Province are due by May 28, 2015. How the Plans affect Niagara Falls 1 . The Greenbelt Plan. The Greenbelt "...is a broad band of permanently protected land..." which was established to protect agricultural and natural heritage lands and to provide for a "...diverse range of economic and social activities..." within rural communities. These lands are designated "Protected Countryside" and include lands that are governed by the NEP. Given the inter-relationship of the Greenbelt Plan and the NEP, any amendments to the NEP also require amendments to the Greenbelt Plan. There are two areas of the City affected by 3 PBD-2015-18 May 12, 2015 both these documents which preclude the economic vitality of these lands. Both properties are effectively discussed in the next section, but it is essential that the Greenbelt Plan be amended. 2. The NEP. The NEP controls land along and adjacent to the Niagara Escarpment from Tobermory to Queenston Heights (see Appendix 1). The NEP was originally approved in 1985 with revisions made in 1990 and 1999. As shown on the map below, the lands north of Mountain Road, with the exception of lands from the Calaguiro subdivision to the Eagle Valley Golf Course are within the NEP. The NEP restricts development along the Escarpment. The lands within Niagara Falls are designated Escarpment Rural, Escarpment Natural and Escarpment Protection. Generally speaking, there have been few issues with the NEP. However, one area where the Escarpment Rural designation conflicts with ,f' ( sK'.—".. S'"- „A„,,;,;,,„ h „,;, ,,,,,,,,,,,,,,,%,,, J ; .. ..-.. K : ' 4.0 .r KK YlKd hh K "Y- • K K .Kh” .'iVKR" K KhsY Y"g ten 7", J1 I 4 Y/ , S ,d r ,S "" 4 .KKKSKK 4KK h d ". + JxKY '/'f S' 7 a K" S -d "" "y WK "YYS " K " KKSKK ' S+ C K+,rj0 KYK ' F,Y " "rKJ i" + KhV , s/ANK r,: ri.' tJ , f 4 K rr, .w. d,.,AwkKKK , KK KK+ KYK J"h +dK RK' ' i -# wsK, K' kKhh YdKK KKKKKS ` yKKhShKKhKKK SShKhY Kdw,x,` f :_ Air.c.kc. . 33 3 .0%,' .k yf ,5 -, K' "1 KK ! h"KhNY "h , _- Nik: } L51 .t " K - ' hK ' , Xr ,Y ! S : Kh" f "KKTY. . .; r{ KKK: KKK /_' r /sv 1•whJ KhYK KK "K"hh , '•" ;Z '_-.4,,.,::_i :, • Kp ' I / KSJK " S"KK'` K K " ' :er . { :!iP7 ,skltzek ,,P-, --- - - , .4 ;,1/4 4 \4i 7 ...` --.,',1,--' 400,106. .'''-.1 '-r ilia'IL 144 sdi ir KKN4 Sr r 01/4.k . 5.01 #'tc, •041 it.0% 1 ocHil suff ' '`di' !! 114 4. .,KR" 1 c ::'','•:::::::.:•:.: .\\ , ' , ` % L °,,..--, . Ali' "sib`. J,, the extent of development is at the north end of Fruitbelt Parkway. (See Appendix 2.) Fruitbelt Parkway is an active industrial area and has been so since the early 1980's. The City has included the lands within the Urban Service Area, and full urban municipal services extend into the area. The Escarpment Commission has allowed various industrial uses to establish and other lands along Fruitbelt Parkway are zoned for industrial uses. The lands provide ready access to and from Highway 405 and the International bridge to the USA. The lands have been sufficiently altered that no natural heritage features exist. Given this, it is staff's opinion that these lands should be removed from the Greenbelt Plan and NEP and the urban boundary extended so as to allow the lands to be under direct municipal control through the City's Official Plan and Zoning By-law. If the Province does not see fit to this micro level boundary adjustment, it is imperative that the Greenbelt Plan be amended to contain flexible wording which will allow the minor rounding-out of urban land uses where there is no impact on natural heritage and economic sustainability is achieved. This wording change would allow Fruitbelt Parkway to be recognized essentially as an urban industrial 4 PBD-2015-18 May 12, 2015 area. This change would allow municipalities closest to the situation to rectify discrepancies between the larger perspective and the actual situation. If necessary, these changes could be addressed as part of the Municipal Comprehensive Review. A second area that would benefit the Niagara economy involves the lands at the Mountain Road/QEW interchange. (See Appendix 3.) These lands are an important gateway regionally. The QEW corridor from Niagara Falls to the US border is recognized as a unique Gateway Economic Zone in the Provincial Growth Plan and the Regional Official Plan. These lands are strategically located to take advantage of a major highway interchange and form a continuum with the existing Urban Area Boundary. The lands are effectively situated between Brock University and Niagara College. The opportunity to develop a centre for excellence, technology and innovation together with these post-secondary institutions of higher learning would benefit the Province, Region and City in such a way to take advantage of the strengthening US economy. These lands should be removed from the Greenbelt Plan and the Niagara Escarpment Plan or in the alternative be designated as Escarpment Urban to facilitate the implementation of the Gateway Economic Zone established by the 2006 Growth Plan. 3. The Growth Plan. The Growth Plan has had a major impact on planning in the City. The policies of the Growth Plan are extensive with the focus on: • Concentrating growth in urban areas; • Integration of infrastructure and transportation planning; • Restricting urban boundary expansions; • Increased Greenfield densities; • Protecting employment lands; and • Developing complete communities. The Growth Plan provides policy direction for the entire Golden Horseshoe area. Within the Growth Plan there are two basic areas: the GTHA and the Outer Ring. The geographic area of the Outer Ring is composed of the cities of Barrie, Brantford, Guelph, Kawartha Lakes, Orillia and Peterborough; the Counties of Brant, Dufferin, Haldimand, Northumberland, Peterborough, Simcoe, and Wellington; and the Regions of Niagara and Waterloo. It is characterized by lower growth rates and demand as well as lower population densities given extensive rural lands. The Provincial policy direction, nonetheless, extends the growth and demand characteristics of the GTHA to this area. Such a policy direction does not translate into the Outer Ring. The Province has amended the targets for certain municipalities in the Outer Ring. This represents a piece meal approach to planning for this large and diverse area. Niagara Falls has identified the following areas where GTA targets do not work in slow growth areas: 5 PBD-2015-18 May 12, 2015 a) 40% annual intensification by 2015. The Province requires that 40% of all housing starts, on an annual basis, be located within the existing or Built-up Area of the City. Data collected by staff indicates that intensification Intensification 50% 45% 40% 35% 30% •Intensification 25% Average 20% 15% 10% ■ . IN II5% NI 0% 2007 2008 2009 2010 2011 2012 2013 2014 however is cyclic responding to market shifts and demands as well as larger economic factors. It takes greater than 18 months for new rental housing to be absorbed by the market. Similarly, sites of infill condominium projects can take a couple of years to be purchased. Given this and the nature of the City's housing market, it is staff's opinion that intensification targets be lowered to more realistic levels (25% to 30%) and also be based on a five- year average. b) A Regional Greenfield density of 50 people and jobs per hectare. — Increased densities for Estimated Greenfield Density Greenfield areas can be supported in order to 60 improve the mix of 50 _ housing types, thereby 40 — — Target Density providing greater 30 — ---- opportunities for different 20 Ave. Estimated Density types of housing and 10 ■Estimated Greenfield affordability levels and to t_ IF Density support transit service. -0 _0 ro _C C -O -o _C v C ro O Q , _ C ' c c ton o o o However, achieving the m = - o o m E o fci Provincial Greenfield ro co y Jo t' E - N z density of 50 people and a L a jobs per hectare is z challenging and does not reflect market conditions. The graph above illustrates that the average Greenfield density in the Outer Ring municipalities is 24 people and jobs per hectare. The Province must 6 PBD-2015-18 May 12, 2015 establish realistic density targets for the entire Outer Ring municipalities. Such targets should be designed to establish a planned approach to land use targets which recognizes the attributes of each area. c) Development of Complete Communities. The concept of complete communities is to provide for the needs of a community's populace in terms of housing, services, employment, recreation and open space within the community in which they live. Niagara Falls as an Outer Ring municipality would, in its entirety, represent a complete community. The 2006 Census data shows that 58% of the city's workforce was employed in the city. More effort must be put forward by the Province to direct new business and employment opportunities into the Niagara Region. The Niagara Region continues to have an unemployment rate which exceeds the Provincial average. The Province must put into place incentives to attract commerce and industry to establish along the strategic trade corridors. The Province must actively promote the Outer Ring globally as an attractive place for investment given the low dollar and favourable tax rates. CONCLUSION The planning review now underway is an opportunity for the province to capitalize on the unique attributes of the Outer Ring and evolve the planning framework in a way that suits needs on both sides of the Greenbelt. If the entire province is to grow economically, it cannot depend solely on the GTHA; it needs to address real employment and economic disparity beyond the GTHA. Unfortunately, land-use planning continues to be seen from a GTHA point of view: a tool to constrain growth rather than an economic development lever. This works in the GTHA but not for the municipalities that comprise Niagara (or the rest of the Outer Ring). The review should be treated as an opportunity to create complete communities mutually supportive of the GTHA economy but not reliant on it for jobs. Dynamic planning policy can play a catalytic role in the economic success of Ontario's less urban centres; now is the time to use this tool to unlock economic prosperity for all of Ontario. A specialized Growth Plan(s), or amendments to the existing GGH Plan for the Outer Ring, could be the incentive needed for economic revitalization, providing the flexibility the community needs to attract employers, assemble the right parcels along strategic corridors and court investment. Opportunity abounds to create a node within the Gateway Economic Zone at the strategic location of lands at the interchange of the QEW and Mountain Road. These lands must be removed from the Greenbelt Plan and the Niagara Escarpment Plan. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications to this report. 7 PBD-2015-18 May 12, 2015 CITY'S STRATEGIC COMMITMENT The NEP and the Growth Plan are fundamental documents to the planning of the City. Providing comments to the Region and Province will contribute to the planning and growth of the City. LIST OF ATTACHMENTS ➢ Appendix 1 — Map of Southern Ontario and Areas Affected by the Various Plans ➢ Appendix 2 — Fruitbelt Parkway ➢ Appendix 3 — QEW/Mountain Road Recommended by: °4t `L Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken odd, Chief Administrative Officer J.Barnsley/A.Herlovitch:mb Attach. S:\PDR\2015\PBD-2015-18, Comments on Growth Plan Review.docx 8 PBD-2015-18 May 12, 2015 APPENDIX 1 The Region and Plan Areas 1 „ Of 4 j0,,...114, , „ >n of civ Of e RP/wAAFMA....Afs PrIoseocua. ' L Si:O§„ T' }y} a4 CON,Of C1Tt Oil' ' ',14..ktilr.:r.:I,,,,,,...,„:',,,,t, "\\ MA 4T`J.j _ 4 t 11 Growth Pan for Te eater Go Horseshoe Mumma(Scurylivres ifGR?M Of \ ,.. 11r1" nom ,;'1, _WO.Ridges Moan*Conservation Ptd,:^ -Niagara Esc`rprrent Peen A Data Sources.Mrteury of Natural Resources and k cw.a: 'r. i .a,A Forestry,Ministry of Municipal Affairs and Housing COUNT,'2F - Projection_NAMUTM 1711,A:iNNA4U .,,r..,. ` a 25 so •-0o '' A 9 PBD-2015-18 May 12, 2015 APPENDIX 2 Area 1 to be Removed from the Greenbelt Plan S iagarafall. Appendix 3 rl''. 1B 54 ----------- ----------- NIAGARA TOWN LINE RID / I I I I Joe' 1 t 4115 +ty 4 1 s4G i O4, i 0. s-- i I 4--: — __ 1 1 rl I - 1 I „,.. 1 ; . N` 1 .._—__1,..,, 5.614 ...a.` % 00 ". , MORNING GI. r` %. 1 1 % 1 Cat 4,O N. `%....! ------ -- Q° _ MN Other Munrcrpalay Property Parcel Road ©Subject Area `o 41N mo -- Municipal Boundary - Urban Area Boundary K clue StS'2015'GuSIOr PlannirryGr uilt)elt.-nap 10 PBD-2015-18 May 12, 2015 APPENDIX 3 `iagart(Ytits Area 2 to be Removed from the Greenbelt Plan _-- - viter— _ - f S wombs AD r filarnarn a1•411TROO. NP Daher toknicpairy Roosi u S.Bia.Maa ----6krKGal eosin/are •—e' l'bm i4•ea®ourUary T r -aa PBD-2015-19 Niagara 'a11s May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-19 Matters Arising from the Municipal Heritage Committee RECOMMENDATION 1. The Municipal Heritage Committee recommends approval of the plans as presented to restore the James Oswald House, 2922 St. Paul Avenue. 2. The Municipal Heritage Committee recommends the owner's request to remove the Heritage designation from the Rev. William Leeming House, 5781 Highland Avenue be refused. EXECUTIVE SUMMARY The James Oswald House suffered damage as the result of a car travelling from the end of Riall Street, through the fence, fountain and into the front wall of the house. As a designated property, Council is required to approve any alterations to the property. The owners have presented the Municipal Heritage Committee with restoration plans that show the property will be returned to the condition it was prior to the accident. The Municipal Heritage Committee is satisfied that these plans will be completed with appropriate materials using appropriate techniques and therefore recommend that this be approved. The owner of 5781 Highland Avenue has requested that Council remove the designating by-law from the property. The Municipal Heritage Committee has reviewed his request, conducted a site visit and determined that the original reasons for designation remain and therefore recommend that the request for removal of the designation be denied. BACKGROUND 1 . The James Oswald House, 2922 St. Paul Avenue The James Oswald House c. 1837 was designated in 1978. On January 21, 2015 at car travelling east on Riall Street crashed through the fence and stone wall at 2922 Church's Lane and through a stone fountain and into the verandah and west wall of the house resulting in substantial damage to the house and property. The house is designated under the Ontario Heritage Act and as such, any alterations to the property are required to be approved by Council. The James Oswald House has undergone extensive restoration work under the careful ownership of its current owners. The owners presented the restoration plans to the Municipal Heritage Committee at its most recent meeting. The Municipal Heritage Committee reviewed the plans and is satisfied that the work proposed will be done with appropriate 2 PBD-2015-19 May 12, 2015 materials and techniques. The home owners have chosen to use the contractors that were used during the original restoration work which was completed during the period 2006-2012. It is for these reasons that the Committee recommends that Council support the alterations. P James Oswald House prior to damage v- P 1►s . * . le i Ya 4 2 James Oswald House damage Jan 21,2015 t. Vi, `' i'''l t,, t s 3 PBD-2015-19 May 12, 2015 2. The Rev. William Leeming House, 5781 Highland Avenue The Rev. William Leeming House c. 1820 was designated in 2002 during the time it was owned by Peter Stokes, a noted heritage architect. Since that time it has had one other owner who removed many of the unique and interesting interior features of the property. There is no heat, hydro or water service in the building. The present owner purchased the property with the intentions of restoring the house and making it livable. He now is unable to do so as he has financial constraints as the result of a divorce and wishes to have the designation removed. It has been suggested the cost to restore the house could be $400,000 - $500,000. The Municipal Heritage Committee reviewed the request by re-examining the original reasons for designation. The Committee found that even though the building is in a severely deteriorated state, the house's position on the lot, landscaping, window and door openings, exterior cladding and trim and roofline all continue to exist as important heritage elements. The front verandah was a later addition, although featured in early photographs. This specific feature has been altered significantly. The Rev. William Leeming House despite being vacant for a number of years has survived. If the designation was to be removed, the house would surely be demolished and a significant piece of history would be lost. Although dilapidated, the house is a visual reminder of how Lundy's Lane was the main road for transportation during the period of the 1800's. The original reasons for designation continue and so to remove the designation for any other reasons would be not in keeping with the Ontario Heritage Act. The house continues to meet criteria in Reg. 9/06 of the Ontario Heritage Act, as follows: It has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method—the house is made of post and beam construction with brick noggin between the studs; The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity organization or institution that is significant to a community — the house was the home of Rev. William Leeming, the founding minister of the Anglican Trinity Parish in Chippawa, also served at St. John's (Stamford); and The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings — its connection to Lundy's Lane given its orientation on the lot facing out towards Lundy's Lane. 4 PBD-2015-19 May 12, 2015 3 Leeming House old photo #4,... i . , +a . tl ,,,442,,_,„,,,--, ,,,--. lik, , . _ 44: 1 c i , , ..,;,...:„.-1:::1::,irtr i jil ,. iii'^ ............ ,_ : - «d.. ...:. ..,,..> '', ✓ ♦fir G ,wir. y... .......t.: ,,, ,..-.,p-r: ---- ___ . ia-,,,,,,..- itrit ,....00.-.. ,..„..„. _ - --- ' ---- -. _,„.„.„„ . ......, _. BAR ! y„, 7*4'''^✓,»-- " .e. ,. "^" .+.., = ..rye.,. • • i • i ;/ 4 Leeming House 2009 5 PBD-2015-19 May 12, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS None. CITY'S STRATEGIC COMMITMENT To further the preservation of the City's Heritage. LIST OF ATTACHMENTS None. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: )1AritAl Ken Todd, Chief Administrative Officer P.Boyle:mb Attach. S:\PDR\2015\PBD-2015-19DRAFTMHCMatters Arising.docx c) 0 g g C _Z C) D O z 0) Minister Ministre delegue Responsible for aux Affaires des Seniors Affairs personnes agees 6'"Floor 6e etage 400 University Avenue 400,avenue University ®®® Toronto ON M7A 2R9 Toronto ON M7A 2R9 Ontario Tel.:(416)314-9710 Tel.: (416)314-9710 Fax:(416)325-4787 Telec.:(416)325-4787 March 17, 2015 Dear Mayor or Reeve, In advance of Seniors' Month I am writing to encourage you to proclaim June as Seniors' Month in your community. June marks the 31st anniversary of Seniors' Month in Ontario. To recognize the important achievements we have made together, and the important role seniors play in our communities, this year's Seniors' Month theme is"Vibrant Seniors, Vibrant Communities." We will be sending you promotional materials for Seniors' Month soon and have attached a sample proclamation for your consideration. I would also like to encourage you to work with your MPP(s)to host Seniors' Month events in your community. Please contact us at infoseniors@ontario.ca if you would like to post any events you are planning on the Ontario Seniors' Secretariat website(Ontario.ca/seniors). Seniors' Month presents a great opportunity to promote the Senior of the Year Award, which is awarded each year by the Government of Ontario through municipalities. I hope to visit a number of participating municipalities over the course of Seniors' Month to recognize the achievements of local seniors. We also recently celebrated the second anniversary of Ontario's Action Plan for Seniors, a plan that focuses on active aging and improved safety and security for seniors. We've made many strides including expanding the "Finding Your Way Program," in partnership with the Alzheimer Society of Ontario to better reach Ontario's diverse and growing seniors population. The program will offer"safety kits", in four new languages: Arabic, Tagalog, Tamil and Urdu. This builds on the current languages available: English, French, Cantonese, Mandarin and Punjabi, Italian, Spanish and Portuguese. The safety kits are available for download at Findingyourwayontario.ca For more information on these programs and other supports for seniors, you can visit Ontario.ca/seniors. Thank you, axt.4 ("V' t,J Mario Sergio Minister Enclosure Seniors' Month Proclamation Seniors' Month June 1 - 30, 2015 WHEREAS Seniors'Month is an annual province-wide celebration; WHEREAS seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS their contributions past and present warrant appreciation and recognition and their stories deserve to be told; WHEREAS the health and well-being of seniors is in the interest of all and further adds to the health and well-being of the community; WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; I, Mayor , do hereby proclaim June 1-30, 2015 Seniors' Month in and encourage all citizens to recognize and celebrate the accomplishments of our seniors. Dated in the Mayor's Office on this day of , 2015. Mayor Niagaraaalls City of Niagara Falls Office of the Mayor Proclamation Whereas, public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, sidewalks, roads, bridges, parks, cemeteries, public buildings, and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now, therefore, I, James M. Diodati, Mayor of the City of Niagara Falls, do hereby proclaim the week of May 17, 2015 as "National Public Works Week" in the City of Niagara Falls, Ontario, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of Niagara Falls 2015 this 12th day of May. Mayor James M. Diodati Dean Iorfida From: Carey Campbell Sent: Thursday, April 16, 2015 9:14 AM To: 'tneal555@gmail.com'; Dean Iorfida; Cathy Crabbe Cc: Ken Todd Subject: RE: Mayor's Office Contact Form (#5) Hello Tyler: Thank you for your email to us through the City's website. In order to appropriately follow up, I have included our City Clerk, Dean lorfida who will ensure this is brought forward in front of City Council. Additionally,Cathy Crabbe in the Mayor's Office will help arrange the details of the flag raising and will be in touch with you to follow up. Thank you for bringing this forward. Best regards, carey CAREY CAMPBELL Executive Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell@niagarafalls.ca See more of Mayor Jim at 0, cod_ anti Uu2 From: FluidSurveys [mailto:notification@fluidsurveys.com] Sent: Sunday, April 12, 2015 2:56 AM To: Carey Campbell Subject: Mayor's Office Contact Form (#5) You have new responses for your form Mayor's Office Contact Form View the attached PDF to view results or visit https://fluidsurveys.com/account/surveys/776954/responses/. Name: Tyler Neal Phone Number: Email: Message: Good Morning, Last year Pride Niagara and residents of Niagara Falls and Niagara Region were very thankful to have Niagara Falls City Hall participate in hoisting a rainbow flag during Niagara Pride Week. Pride Niagara is hoping Niagara Falls will join us again and raise the rainbow flag supporting the LGBT community from June 01 - June 08, 2015. It would be an honour to have the mayor attend the raising of the flag.The City of St. Catharines will be holding the annual pride flag raising at 2:00PM on June 01, 2015. I am aware that this request will need to be brought up at a council meeting, therefore, I have added information below that was 1 required for last year. Pride Niagara is a non-profit organization. Pride Niagara is a celebration of Niagara's sexual and gender diverse community and its supporters. Based on a platform of acceptance, we provide information and social activities for the Niagara Region. Ontario Incorporation#1868209. www.prideniagara.com - Is the website for more information on events and about Pride Niagara. If you require anymore information, please let me know. I look forward to hearing from you and thank you again. Thanks, Tyler Neal 2 PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Dean lorfida City Clerk From: Peggy Boyle Assistant Planner Ext. 4334 Date: April 28, 2015 Re: Addition of Member to Municipal Heritage Committee As a result of the recent Council appointments to Committees of Council, there were no Councilors who volunteered to be on the Municipal Heritage Committee. At the time of citizen appointments, there was one member of the public who applied to be on the Municipal Heritage Committee but was not appointed. In order to have an interested member of the public serve on the Committee, I would like to request that Council appoint Shelley Glica to the Municipal Heritage Committee for the remainder of the 2014-2018 Council term. This appointment would mean that the Municipal Heritage Committee would have 9 members of the public and no City Councilor. PB:pb S:\HISTORY\MunHeritageCommittee\Comm Members\Memo to Clerk re adding a member.docx A Great City ... For Generations To Come Dean lorfida From: Diane Malette <dmalette@causeforce.com> Sent: Wednesday, April 29, 2015 6:59 PM To: Dean Iorfida Cc: Niagara Tents & Events Subject: Enbridge Ride to Conquer Cancer- Permit Fee Waiver Request Hello Dean, I work on behalf of The Enbridge Ride to Conquer Cancer coming to Niagara Falls this June 13th and 14th. Lisa Then was Ceremonies Production Manager last year and she mentioned that a request was presented to City Council for fee waivers of our building permits and engineer drawings. I'm hoping we can make the same request for approval on a fee waiver for the building permits and engineer drawings for our event this year. I'm coping Niagara Tents& Events as they will be acquiring our building permits and obtaining the drawings for us. Your consideration is much appreciate and we are hoping to receive the same generous fee waiver for our event this year. I look forward to hearing from you. Thank you, Diane Malette Ceremonies Production Manager—North America CauseForce LLC. (o)323.654.9255 x 315 dmalette@causeforce.com www.causeforce.com To withdraw consent or unsubscribe from email please reply to this message with REMOVE in the subject line 1 Dean Iorfida From: Dave Stuart Sent: Friday, April 24, 2015 3:37 PM To: Dean Iorfida Subject: FW:The Monarch Roadshow Hi Dean, Karl asked for this request to be placed on the Council Request Agenda for their consideration. A four hour charter is normally billed out at$400 plus HST($452). Let me know if you need any add'I info. Cheers, Dave Please take note of Transit Services'new location.., see below. Dave Stuart General Manager,Transit Services City of Niagara Falls 8208 Heartland Forest Rd. Niagara Falls, ON L2HOL7 Tel. (905) 356-7521 ext.4510 Cell. (905) 329-4320 Niagara Falls Transit... The Way To Go! • From: Karl Dren Sent: Friday, April 24, 2015 2:31 PM To: Dave Stuart Cc: Karl Dren Subject: RE: The Monarch Roadshow Dave, Have them send the request to Dean in the Clerks office. Also, why are they not using school transportation services Thanks. Karl From: Dave Stuart Sent: Friday, April 24, 2015 2:17 PM To: Karl Dren Subject: FW: The Monarch Roadshow Hi Karl, I spoke to this teacher this morning about her request for transportation to the other elementary schools in NF to spread the word about their monarch butterfly initiative. As you can read,they are requesting 4 hours of service and I said I would 'see what I can do to assist.'. Kindly bounce this request off Ken T. and let me know. Thanks, D. Please take note of Transit Services'new location... see below. Dave Stuart General Manager,Transit Services City of Niagara Falls 8208 Heartland Forest Rd. Niagara Falls, ON L2HOL7 Tel. (905) 356-7521 ext.4510 Cell. (905) 329-4320 Niagara Falls Transit... The Way To Go! From: Melissa Mckinney-Lepp [mailto:Melissa.Mckinney-LepD @dsbn.orq] Sent: Friday, April 24, 2015 1:28 PM To: Dave Stuart Cc: Sheila Welsh Subject: The Monarch Roadshow Hi Dave, Thanks so much for considering our request! My class has been investigating the loss of monarch butterfly habitat in Niagara. They investigated the problem,created the criteria for a good solution and then came up with their own solutions,based on the data they collected. Their solutions are: 2 1)Plant a monarch garden at James Morden(June 9th is our planting date) 2)Create posters to deliver to schools(with a milkweed plant)around Niagara Falls to inspire other students their age to also plant milkweed,thus increasing the monarch habitat around Niagara Falls. We applied for a grant from TD Friends of the Environment to fund our solutions.We received the grant! The David Suzuki Foundation learned of the students inquiry and will be sharing their story nationally. The DSBN has invited the students to share their story at the June Board Meeting. So... We would love a'ride'to 4-6 Niagara Falls schools on Wednesday,June 3rd for our Monarch Roadshow:) I would anticipate leaving at 9am with half hour stops,returning at approximately 1pm. Thank you SO much for considering our request! My students are extremely passionate about this cause and are truly committed to this venture. Your involvement would complete this inquiry,by providing us with safe transportation as we spread the monarch word!!! Looking forward to working with you! Mrs.M-L and her 2/3s:) Melissa McKinney-Lepp Grade 2/3 Teacher James Morden School,Niagara Falls DISTRICT SCHOOL BOARD OF NIAGARA melissa.mckinney-lepp@dsbn.org Achieving Success Together 3 00,Fxplorr M. tea Tel: 905-356-5444 4.7F3 4660 Queen Street Fax:905-356-5667 Niagara Falls, Ontario gm@niagarafalIsdowntown.ca L2E - 2L8 www.niagarafallsdowntown.ca April 21th, 2015 Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 ATTN: Karl Dren, Director Transportation Services Mayor and Members of Council As you are aware, the Downtown Niagara Falls BIA has been aggressively revitalizing and marketing our area in order to entice and retain businesses to our district, as well as attract much needed capital investment. We have been fairly successful at accomplishing this mandate in spite of a long winter and its effects on consistent pedestrian traffic. We are a community of local residents, small business, and professionals, we are not a tourist driven BIA where strong parking polices are both needed and accepted. We compete with local malls and plazas where abundant and close parking is more easily provided. The BIA is currently on an upward swing with over a dozen new businesses opening in the last year, hopefully many more to come. Over the past few months we have been reminded repeatedly of the public perception of downtown parking as it relates to their experience. There is a large Niagara Falls resident outcry that parking is a real and a genuine concern. We believe we need to establish a more customer friendly parking environment to appeal to our market. We need to address this immediately to avoid compromising our momentum and slipping back into irrelevance. Irrelevance would be costly for both downtown businesses and the City of Niagara Falls assessment base. Our Request To address the above we would like to institute 1 hour free parking on Queen St. beginning May 1, 2015. The request impacts 78 spaces on Queen St. and Valleyway. We are requesting this as a one year trial, monitored by joint Downtown BIA and city staff resources. Our discussions with the parking department's Director and staff have found support for 2 hour free parking on the above referenced streets. We respectfully suggest however that 2 hour free parking along Queen Street and Valley Way is an excessive request. The majority of people that interface with our downtown are short term transactional in nature. It's the customer of the banks, patrons of service businesses and quick retailers that stay for less than an hour. Our belief is that optimal increased turnover will occur within the hour; while a two hour allowance will be more susceptible to abuse which defeats the purpose of the one hour request by our board and membership. New technology enabling enforcement of parking on the street has opportunities to restructure so and we believe there will be no additional costs to the department. We would like to see the meters remain on the street; people that need to stay longer can simply purchase tickets as needed. Senior staff has identified the cost of this request to the BIA as $26,000 to offset the revenue loss to the city's parking fund. We are prepared to partner on this cost on a 50/50 basis, with our share to be taken from our current operating budget. We also would like to suggest that we monitor the revenues and adjust as we come to see the results. The downtown BIA is fully prepared to be an active partner in resolving this issue. Recognizing the urgency, we would like to do this for a one year trail period starting on May 1st Revenue Reality Current parking revenue is falling. Appendix 1A (supplied by the Transportation Department) indicates a steady decline in parking revenues on Queen Street. There is a significant difference between the 2013 Queen Street revenue of $44,014.69 and then $27,052.55 in 2014. This decline in revenues has implication on a variety of important parameters. - Patronage of the downtown - Revenues of the shop owners.... (people=revenue) - Falling property tax assessment - Increasing vacancy rebates While we appreciate that the City needs revenue from parking, we believe that a more holistic and longer term view at this time needs to be adapted. As one could guess, parking revenues are tiny compared to assessment values. By tackling the parking issues directly we believe that parking revenues will actually increase as a result of a more robust business district including demand for parking passes in City lots. BIA Promotion In order to make this initiative a success the BIA will launch a strong education and marketing plan effective May 1 2015. Presenting our partnership with the City and hopefully eliminating the parking resistance that has plagued the downtown for many years. Thank you in advance for your consideration. Phil Ritchie Chairman, Downtown Niagara Falls BIA Nemanja Kuntos General Manager, Downtown Niagara Falls BIA cc. Jim Diodati , Mayor Dean Iorfida,City Clerk Paul Brown, Parking Services Member of Niagara Falls Municipal Council Ken Todd,Chief Administrative Office F-2015-17 Niagaraaglls May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2015-17 2015 Property Tax Rates RECOMMENDATION That Council approve the 2015 Property Tax Rates. EXECUTIVE SUMMARY The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2015 General Purposes Budget was approved on April 14, 2015. The annual general levy of $60,119,163 was approved at this time. The City's tax rates included in this report reflect the approved general levy. The regional, school and waste management rates have been provided by the responsible level of government and are also included in the schedule. BACKGROUND The Regional Municipality of Niagara has approved the 2015 tax ratios and tax rates. In addition, the Province of Ontario has established educational rates for 2015. The City is now in the position to establish its tax rates and to proceed with the Final 2015 Billing for the non-capped property classes. This report provides Council the City's 2015 property tax rates. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2015 tax levy is $60,119,163. The General taxation portion of this total levy is $52,168,628; the Urban Service Area taxation portion is $7,950,535. Corresponding tax rates based on these levies are provided in Table 1 . The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has provided the costs of this service for 2015 to the City. The annual cost used to determine the rates for 2015 is $6,967,303. To fund this expense, the City collects the taxes from the residents using a separate tax rate. Table 2 provides a comparison of the waste management tax rates used in 2014 to the recommended rates for 2015. 2 F-2015-17 May 12, 2015 The Appropriations and Levying By-law is prepared for Council's adoption, should Council approve the recommendation. This By-Law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By-law shows the summary of tax rates for each classification and for all levies. LIST OF ATTACHMENTS Table 1 Taxes Rates — City of Niagara Falls Table 2 Taxes Waste Management Rates — City of Niagara Falls Recommended by: Todd Harri •n, Direc •r of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Table 1 Tax Rates - City of Niagara Falls 2014 2015 Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined General Area Combined Residential 0.441836% 0.071135% 0.512971% 0.460879% 0.074340% 0.535219% Multi-Residential 0.903112% 0.145399% 1.048511% 0.942037% 0.151951% 1.093988% New Multi-Residential 0.441836% 0.071135% 0.512971% 0.460879% 0.074340% 0.535219% Commercial - Occupied 0.777012% 0.125097% 0.902109% 0.810502% 0.130735% 0.941237% - Excess Land 0.543909% 0.087568% 0.631477% 0.567351% 0.091514% 0.658865% -Vacant Land 0.543909% 0.087568% 0.631477% 0.567351% 0.091514% 0.658865% Commercial Other - Occupied 0.777012% 0.125097% 0.902109% 0.810502% 0.130735% 0.941237% - Excess Land 0.543909% 0.087568% 0.631477% 0.567351% 0.091514% 0.658865% Industrial 1.162028% 0.187084% 1.349112% 1.212112% 0.195515% 1.407627% Industrial - Excess Land 0.755318% 0.121605% 0.876923% 0.787873% 0.127084% 0.914957% Industrial - Vacant Land 0.755318% 0.121605% 0.876923% 0.787873% 0.127084% 0.914957% Industrial - New Construction 1.162028% 0.187084% 1.349112% 1.212112% 0.195515% 1.407627% Indust- New Constr- Excess Land 0.755318% 0.121605% 0.876923% 0.787873% 0.127084% 0.914957% Pipelines 0.752049% 0.121078% 0.873127% 0.784462% 0.126534% 0.910996% Farmlands 0.110459% 0.017784% 0.128243% 0.115220% 0.018585% 0.133805% Managed Forests 0.110459% 0.017784% 0.128243% 0.115220% 0.018585% 0.133805% Farmlands Awaiting Development I 0.331377% 0.053351% 0.384728% 0.345659% 0.055755% 0.401414% Farmlands Awaiting Development II 0.441836% 0.071135% 0.512971% 0.460879% 0.074340% 0.535219% F-2015-18 Niagaraaa1ls May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2015-18 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION That June 30 and September 30 be approved as the 2015 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. EXECUTIVE SUMMARY The due dates for final tax billing must be approved by Council pursuant to the Municipal Act. The City has established that due dates for the non-capped property classes be June 30 and September 30. The due dates for the capped classes are August 28 and October 30 due to the additional calculations required for these billings. BACKGROUND The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. These annual billings include the annual taxes for the City, for the Region of Niagara and the appropriate local school boards. Due dates for property taxes are set to coincide with the quarterly levy payments made to the Region and the school boards. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Due to the additional calculations required to prepare the 2015 Final Tax Notices for the Commercial, Industrial and Multi-residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 30. And that the Final Tax Notice Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes be set as August 28 and October 30 to accommodate the additional calculations required for these property classes. 2 F-2015-18 May 12, 2015 Recommended by: itkidiTodd Harrison, Director of Fin Respectfully submitted: jilillir Ken To d, Chief Administrative Officer A. Felicetti L-2015-17 Niagara,Falls May 12, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2015-17 Consulting Agreement Purchase Order Our File No. 2013-224 RECOMMENDATION That Council approve a revised Purchase Order for consultant services. BACKGROUND A minor error was discovered in the City's standard Purchase Order used for retaining consultant services. The reference concerning the required insurance was inaccurate. The Purchase Order specified that the consultant was to obtain professional liability insurance naming the City as an additional insured. This is impossible. Professional liability insurance cannot be extended to third parties that are not professionals. The reference has been revised to simply require that professional liability insurance be in place. LEGAL IMPLICATIONS The revised Purchase Order will clarify the City's insurance requirements. CITY'S STRATEGIC COMMITMENT The proposed revision is in keeping with Council's commitment to customer service excellence and organizational efficiency and effectiveness. Recommended by: ' Ken Beaman, City Solicitor Respectfully submitted: tla'Ytt-J- Ken Todd, Chief Administrative Officer MW-2015-13 Niagarapa11s May 12, 2015 rav n REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-13 Drainage Superintendent Appointment — Nick Golia RECOMMENDATION That Council appoint Nick Golia as the Drainage Superintendent for the City of Niagara Falls. EXECUTIVE SUMMARY The City has had a Drainage Superintendent on staff since 1990 to initiate and supervise the maintenance and repair of the municipal drains. The current Drainage Superintendent Rick Volpini, will be retiring in June necessitating the appointment of the next Superintendent to continue on with these duties and responsibilities. BACKGROUND City Council appointed the first Drainage Superintendent in 1990 to maintain the numerous municipal drains in the rural areas. The Superintendent inspects all of the drains in the City on a regular basis and takes the necessary action to ensure they are operating efficiently. Since the drains provide an outlet for the rural road side ditches, it is imperative that they are maintained on a regular basis. ANALYSIS/RATIONALE Section 93 (1) of the Drainage Act requires the appointment of the Drainage Superintendent by municipal by-law. The Ontario Ministry of Agriculture Food and Rural Affairs offer grants for both Superintendent wages and municipal drain improvement costs. In order to qualify for these grants; the Ministry requires that Drainage Superintendent to complete their training course and then be appointed by by-law. Nick Golia has successfully completed the Drainage Superintendent's course this year. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Ministry provides an annual grant of fifty percent (50%) of the Superintendent's time related to municipal drain matters as well as a one third (33%) grant for drainage works on lands that are currently used for agriculture purposes. 2 MW-2015-013 May 12, 2015 CITY'S STRATEGIC COMMITMENT The recommendation is consistent with the Council's Strategic Priority to strengthen and promote economic development within the City and achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS None. Recommended by: '1(\\ i • Geoff Holma , Director of Municipal Works 4011/" Respectfully submitted: Ken Tod , Chief Administrative Officer a ill CITY OF , d, , AN4 RIAGAAA FALL - The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS in 2013, Niagara Falls City Council unanimously approved Resolution 2013-35, which called upon the Ministry of Finance,through the Ontario Lottery&Gaming Corporation, to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and WHEREAS with a subsequent municipal election, it is appropriate for the new Council to reiterate its' support for Resolution 2013-35; and WHEREAS Niagara Falls City Council has identified one of their strategic priorities for the 2015-2018 term as strengthening the competitiveness and prosperity of the two casinos and lobby for expansion of the gaming industry in Niagara Falls; and WHEREAS unlike other Ontario municipalities, the City of Niagara Falls and the Municipal Councils of the day have shown overwhelming majority support for gaming in our community; and WHEREAS Fallsview Casino and Casino Niagara have made Niagara Falls, arguably, the premier gaming destination in Canada; and WHEREAS the Niagara's two resort casinos are not included in the Ontario Lottery&Gaming Corporation's (OLG) modernization framework; and WHEREAS Niagara Falls City Council and local stakeholders are concerned Niagara's two resort casinos are at risk of falling behind due to an outdated business model that is not competitive within OLG's new modernization framework; and WHEREAS recent experience proves the significant capital and operating changes Niagara's casinos will need to survive in an era of increased domestic and New York State competition are not possible with the OLG's existing operating model; and WHEREAS it is imperative for the community that Niagara's two resort casinos maintain or increase employment and investment levels; and WHEREAS Niagara Falls City Council believes the best way to ensure Niagara's two casinos retain their role as significant local/regional employers and restore their traditional role as generators of provincial revenue and tourism attractors is through the introduction of product diversification, new investment, such as a new 7000 seat theatre, and distinct and relevant branding differentiating Niagara's two resort casinos; and WHEREAS being part of the OLG's modernization framework will allow Niagara's two resort casinos to realize their true, full potential to become compelling and integral elements in attracting tourists to the City of Niagara Falls; and WHEREAS Niagara, being an iconic global brand, should be the Province's premier resort casino destination, with a goal of permitting additional resort casinos to be established in Niagara Falls; THEREFORE BE IT RESOLVED that the City of Niagara Falls, a willing and supportive host of a minimum of two casinos, respectfully requests the Premier and Minister of Finance to direct OLG to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and FURTHER BE IT RESOLVED that Niagara Falls Council respectfully request that the Request for Proposal for the operation of the Niagara casinos under the new modernization model be issued in this fiscal year. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY or. "' CANADA N14 AG RA FALLS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW • Number 2015 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Rolling Acres Drive West Cambridge Street and Oxford Street 8:00 a.m.to 9:00 a.m. 2:30 p.m.to 4:00 p.m. Monday to Friday September 1 to June 30 This By-law shall come into force when the appropriate signs are installed. Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to amend By-law No. 2014-144 being a by-law to amend By-law No. 78-24, the designating by-law for the Old St. John the Evangelist Church, located at 3428 Portage Road as a building of cultural heritage value or interest. WHEREAS By-law No. 78-24 designated the property located at 3428 Portage Road to be cultural heritage value or interest; AND WHEREAS By-law No. 2014-144 amended the by-law to clarify the statement explaining the property's cultural heritage value or interest and the description of heritage attributes; AND WHEREAS the Statement of Cultural Heritage Value contained in by-law No. 2014-144 was incorrect, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2014-144 is amended by deleting Schedule "B" and Schedule "B" attached hereto shall be inserted in lieu thereof. Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 SCHEDULE "B" TO BY-LAW NO. 2015- Description of Property — Old Saint John the Evangelist Anglican Church, 3394-3428 Portage Road Old St. John the Evangelist Anglican Church is located on the north side of Portage Road, opposite the designated Stamford Green. The church was built in the Gothic Revival style, and features pointed window arches, buttresses, and a stout bell tower. Statement of Cultural Heritage Value or Interest Built in what was originally known as Stamford Township, the Old St. John's Anglican Church is situated along the historic portage road that connected Queenston and Chippawa. The area was colonized by English loyalists, and consisted primarily of orchards and businesses related to the carrying trade. Prior to 1825, the community's Anglican congregation had no place of worship and services were often held in the Stamford Presbyterian Church. However, with the arrival of Lieutenant-Governor Sir Peregrine Maitland in 1822, there was greater incentive for the erection of an Anglican church. The land on which the church was built was donated by Captain R. H. Dee, Esq., and through Maitland's patronage, the building was erected in 1825. St. John's first pastor was Reverend William Leeming, who was a prominent figure within the Anglican Church, and was instrumental in the building of this and two other churches in the City. Serving the Anglican community for a span of five generations, the church congregation moved in 1957 to a newer St. John's Anglican Church. The old building was leased to the Lundy's Lane Historical Society for several years, and as it began to deteriorate, a separate heritage group with the express purpose of restoring the old church was formed. The Old St. John's Stamford Heritage Association Incorporated was established in 1977 as a non-denominational, charitable organization, and completed restoration of the building in 1988. Restoration was completed in accordance with a plan prepared by Baird Sampson Architects. Since 1990, the building is used as a columbarium and museum. The Old St. John's Anglican Church is an early example of the vernacular Gothic Revival style. The one-storey building features a symmetrical, three-bay façade. An entryway that projects forward from the building is likely a later addition and is enclosed by a six paneled double door with a plain trim. The entryway is made of local limestone, with stucco finish. The roof is cedar shake and features a simple gable with eave returns. The gable's fascia boards and eaves exhibit highly decorated molding. Above the front entrance is a shorter pointed arch opening with a 9-light window, also containing interlacing glazing bars. A square date stone is located above the entryway. A trilateral apse is situated at the east end (back) of the church. Three triangular buttresses on the south side were later additions to the building, most likely erected to correct structural problems on the side of the building. Centered over the roof's ridge is relatively short, square tower that is set back slightly from the front fagade. Finished with clapboard siding, the tower originally included corner buttresses which have since been replaced with corner boards. It has a plain entablature, four pinnacles, and a short bell cast metal spire. Situated on each side of the tower is a pair of lancet openings, covered by louvers, and containing a small quatrefoil and four colonettes. The building's windows are primarily restored, pointed arch openings with plain sills and simple moulded trim. Each opening contains an 18 over 24 sash window with interlacing glazing bars. As one of the earliest Anglican churches in the province, the Old St. John's Anglican Church is an architectural and culturally significant site with deep rooted connection to several prominent figures in the area. It is intimately connected to the history of the historic Portage Road and to that of Stamford Green. Given the buildings place in the history of the province and the Anglican Church, it is also the subject of an easement held by the Ontario Heritage Trust, only one of two such properties in the City. The building was deconsecrated by the Anglican Church in 1962, designated in 1978 and in 1989, after suitable restoration, the building became a columbarium, which is its present use. The building is now known as the Stamford Green Heritage Columbarium, operated by the City of Niagara Falls, but managed by the Old St. John's Stamford Heritage Association. Description of Heritage Attributes Key exterior features that embody the heritage value and are important to the preservation of 3394-3428 Portage Road includes the following heritage attributes: • symmetrical one-storey building with a balanced three-bay façade • made of local limestone, with an exterior stucco finish • cedar shake gable roof with a simple entablature and eave returns • 3 tall pointed arch window openings located on each side of building with plain sills and simple moulded trim, containing an 18 over 24 sash window with interlacing glazing bars • short, square tower that is placed in the centre of the west (front) façade and finished with clapboard siding • tower includes a plain entablature, four pinnacles, and a short bell cast metal spire, four pointed arch openings, containing a pair of lancet louvered openings, a small quatrefoil and four colonettes • 9-light window with interlacing glazing bars located above front entrance • Two 16 over 16 sash on either side of front entrance • six paneled double door with a plain trim used for the main entrance • square date stone located above the entryway • one of the earliest Anglican churches in the province of Ontario • connection to several prominent figures in the area including: Sir Peregrine Maitland, Lieutenant-Governor from 1818-1828, Reverend William Leeming, and Captain R. H. Dee, Esq. • connection to the history of the Stamford Township, the designated Stamford Green, and the historic Portage Road. CITY OF NIAGARA FALLS By-law No. 2015- A by-law to provide for the adoption of Amendment No. 116 to the City of Niagara Falls Official Plan (AM-2014-011). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 116 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 S:\OFFICIAL.PLN\AMEND\#116-1907782 Ontario Ltd\BYLAW 116.docx PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the explanatory text, constitute Amendment No. 116 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREA "32" is hereby deleted in its entirety and replaced with the following text: 13.32 SPECIAL POLICY AREA "32" Special Policy Area "32" applies to 0.16 hectares of land on the northwest corner of River Road and Eastwood Avenue. Notwithstanding the policies contained in Part 2, Section 1, Subsection 1.3, and Part 2, Section 4, Subsections 4.2.37 and 4.2.38, this land may be developed with an inn containing up to 12 rentable bedrooms for tourists and 1 bedroom for an innkeeper or manager. Development shall be subject to site plan control in order to address building design, access, parking lot design, landscaping, fencing and servicing to ensure compatibility with the neighbouring residential properties. S:\OFFICIAL.PLN\AMEND\#116-1907782 Ontario Ltd\BODY docx CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law No. 79-200, to regulate the development of an inn on the Lands (AM-2014-011). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a R2 zone (b) An inn 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 1600 square metres (b) Minimum lot frontage 31 metres (c) Minimum front yard depth 11 metres (d) Minimum rear yard depth (i) for the main building of an inn or a 20 metres use permitted in a R2 zone (ii) for the secondary building of an inn 2.75 metres or an accessory building (e) Minimum interior side yard width (i) for the main building of an inn or a 1.5 metres use permitted in a R2 zone 2 (ii) for the secondary building of an inn 0.6 metres or an accessory building (f) Minimum exterior side yard width (i) for the main building of an inn or a 2.3 metres use permitted in a R2 zone (ii) for the secondary building of an inn 22 metres or an accessory building (g) Maximum lot coverage 30% of the lot area (h) Maximum height of a building or structure 12.7 metres subject to including a peaked roof section 4.7 of By-law No. 79-200 (i) Minimum number of parking spaces 1 parking space for each guest room plus 1 parking space for the bedroom or dwelling unit of an owner/manager (j) Maximum lot area which can be used as 25% of the lot area, which a surface parking area shall be provided in the rear yard of the main or secondary building (k) Maximum encroachment of a porch or deck (i) into a front yard 4.5 metres (ii) into an exterior side yard 0.4 metres (I) Minimum landscaped open space 45% of the lot area (m) Maximum guest rooms 12 (n) The balance of regulations specified for a R2 use 6. For the purposes of this by-law the following definition shall apply: "INN" means a commercial establishment catering to the needs of the travelling or vacationing public by supplying overnight accommodation in not more than 2 buildings containing a minimum of 5 guest rooms and a maximum of 19 guest rooms, with or without the provision of food, and shall contain either a bedroom or dwelling unit for the owner/manager but does not include a bed and breakfast, a hotel, motel, restaurant, or any residential or other type of accommodation defined therein. 3 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet D4 of Schedule "A" of By- law No. 79-200 by renumbering the Lands from 538 to 1010. 11. By-law No. 2001-50 is repealed. 12. Section 20 of By-law No. 79-200 is amended by deleting section 20.1.538 and adding thereto: 20.1.1010 Refer to By-law No. 2015- . Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 S:\ZONING\AMS\2014\By-Taws\Byam011.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject Land 4, s6.95.07 co 1010 48 06„, O ti cr Amending Zoning By-law No. 79-200 N Description: Lt 28 PI 294 Town of Niagara Falls; Lt 29 PI 294 Town of Niagara Falls; Niagara Falls s Applicant: 1907782 Ontario Inc. 1:NTS Assessment #: 272502000213900 AM-2014-011 K:\GIS_Requests\2014\Schedule\Zoning\011\Zoning.map April 2015 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend By-law Nos. 79-200 and 2014-52, to regulate the Warren Woods Estates Phase 3 Stage 3 plan of subdivision on the Lands (AM-2015-001). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200 and 2014-52, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 2014-52 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R1F zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 250 square metres (b) Minimum lot frontage (i) for an interior lot 9 metres (ii) for a corner lot 11 metres (c) Minimum front yard depth 3.5 metres (d) Maximum projection of a one or two storey 1.5 metres porch or balcony into a required front yard (e) Minimum yard between a lot line and a door 6 metres providing vehicular access to a private garage (f) Minimum rear yard depth 7 metres (g) Minimum interior side yard width 1.2 metres on one side and 0.6 metres on the other side (h) Minimum exterior side yard width 2.4 metres 2 (i) Maximum projection of a one or two storey 1.5 metres porch or balcony into a required exterior side yard (j) Maximum height of a building or structure 11.5 metres (k) Maximum storeys 2.5 (I) Maximum lot coverage None (m) Minimum number of parking spaces 2, which may be provided in tandem (n) Minimum landscaped open space 25% of the lot area (o) Maximum driveway width 60% of the lot frontage (p) The balance of regulations specified for a R1 F use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet B6 of Schedule "A" of By- law No. 79-200 and Schedule 1 of By-law No. 2014-52 by redesignating the Lands from DH to R1F and numbered 1011. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.1011 Refer to By-law No. 2015- Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 S:\ZON INGWMS\2015\By-laws\Byam001.docx SCHEDULE 1 TO BY-LAW No. 2015- Subject Land X /' PRIMROSE LN J W I- 0 C 0 O rn z 0 LU Z C 0 00 00 --I O CO< n xl MULBERRY DR DOGWOOD CR 328.39m ' /1 7/1 i:J 1011 3 . 31.18m 279.2m 18.37m co in E______71 D 3 1 T zcc mCI o a w < a < 5 V '2)\- Amending Zoning By-law No. 79-200 N Description: Pt Twp Lt 199 Stamford; City of Niagara Falls s Applicant: 1340258 Ontario Inc. 1:NTS Assessment #:272504000106000, 272511000205101 AM-2015-01 K:\GIS_Requests\2015\Schedules\Zoning\01\Zoning.map April 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2015. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by-law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2015 taxation year have been set out in By-law 39-2015 of the Regional Municipality of Niagara, dated 26th day of March 2015; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara, and for public and separate school purposes for the 2015 taxation year have been set out in By-law 40-2015 of the Regional Municipality of Niagara, dated 26th day of March 2015; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2015; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1 . The assessments for the City of Niagara Falls on which the sums required for the year 2015 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Category Assessment Assessment Amount Amount General Urban Service Area RESIDENTIAL/FARM 6,593,815,155 6,147,727,126 MULTI-RESIDENTIAL 262,812,098 260,386,989 NEW MULTI-RESIDENTIAL 4,332,255 4,332,255 COMMERCIAL Taxable General 11,093,000 11,093,000 Taxable Full 1,700,836,022 1,643,722,554 Excess Land 24,313,171 22,568,878 Vacant Land 142,472,981 139,707,471 New Construction 83,348,365 82,140,365 New Construction — Excess Land 5,378,549 4,762,549 Office Building 8,458,036 8,458,036 Shopping Centre 215,185,610 215,185,610 Excess Land 5,983,369 5,983,369 Parking Lot 40,546,023 39,869,523 INDUSTRIAL Taxable Full 81,881,376 75,157,063 Excess Land 4,367,539 3,066,566 Vacant Land 14,351,265 14,161,815 New Construction 5,580,420 5,182,420 New Construction — Excess Land 118,375 76,375 PIPELINES Taxable Full 38,791,453 22,542,453 FARMLANDS 52,696,985 1,008,325 MANAGED FORESTS 909,162 0 FARMLANDS AWAITING 1,738,500 0 DEVELOPMENT 1 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2015 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $59,135,931.00, which includes the amount of $6,967,303.00 for waste management services; (ii) for public and separate school board purposes the sum of $41,250,347.00; (iii) for the purpose of The Regional Municipality of Niagara the sum of $67,223,543; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $7,950,535.00. 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by-law and such tax shall become due and payable for 2015 only, for, (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 30, 2015 and September 30, 2015, and (b) Commercial, Industrial and Multi-Residential Assessments on August 28, 2015 and October 30, 2015. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By-law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by-law and to make a return of his or her Roll on or before the 31st day of December 2015. 7. This by-law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By-law shall form part of this By-law. Passed this 12th day of May, 2015 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015 Schedule "A" CITY OF NIAGARA FALLS 2015 Tax Rates Urban Urban Assessment General Rates Service Service Area Area Total Property Class Code City Waste Region Schools Total Mgmt. Residential/Farm RT 0.460879% 0.061552% 0.593873% 0.195000% 1.311304% 0.074340% 1.385644% New Multi-Residential NT 0.460879% 0.061552% 0.593873% 0.195000% 1.311304% 0.074340% 1.385644% Multi-residential MT 0.942037% 0.125812% 1.213877% 0.195000% 2.476726% 0.151951% 2.628677% Commercial -Occupied CT/XT/CM 0.810502% 0.108245% 1.044385% 1.190000% 3.153132% 0.130735% 3.283867% -Excess Land CU/XU 0.567351% 0.075772% 0.731070% 0.833000% 2.207193% 0.091514% 2.298707% -Vacant Land CX 0.567351% 0.075772% 0.731070% 0.833000% 2.207193% 0.091514% 2.298707% Commercial Other -Occupied DT/GT/ST/ZT 0.810502% 0.108245% 1.044385% 1.190000% 3.153132% 0.130735% 3.285644% -Excess Land DU/SU/ZU 0.567351% 0.075772% 0.731070% 0.833000% 2.207193% 0.091514% 2.298707% Industrial -Occupied IT/LT 1.212112% 0.161882% 1.561886% 1.530000% 4.465880% 0.195515% 4.661395% -Excess Land IU/LU 0.787873% 0.105223% 1.015226% 0.994500% 2.902822% 0.127084% 3.029906% -Vacant Land IX 0.787873% 0.105223% 1.015226% 0.994500% 2.902822% 0.127084% 3.029906% Industrial-New Construction -Occupied JT 1.212112% 0.161882% 1.561886% 1.190000% 4.125880% 0.195515% 4.321395% -Excess Land JU 0.787873% 0.105223% 1.015226% 0.773500% 2.681822% 0.127084% 2.808906% Pipelines PT 0.784462% 0.104768% 1.010831% 1.190000% 3.090061% 0.126534% 3.216595% Farmland FT 0.115220% 0.015388% 0.148468% 0.048750% 0.327826% 0.018585% 0.346411% Managed Forests Ti 0.115220% 0.015388% 0.148468% 0.048750% 0.327826% 0.018585% 0.346411% Farmland Awaiting Cl 0.345659% 0.046164% 0.445405% 0.146250% 0.983478% 0.055755% 1.039233% Development I Farmland Awaiting N/A Development II CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act, R.S.O. 1990. WHEREAS Subsection (1) of Section 93 of The Drainage Act provides that the council of a municipality may by by-law appoint a Drainage Superintendent, to initiate and supervise the maintenance and repair of any drainage works and to assist in the construction or improvement of any drainage works, and to report thereon to Council. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Nick Golia is hereby appointed as Drainage Superintendent for the Corporation of the City of Niagara Falls under The Drainage Act. 2. The by-law comes into force on June 8, 2015. 3. By-law 1991-08 is repealed when this by-law comes into force and effect. Passed this twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 12, 2015. Second Reading: May 12, 2015. Third Reading: May 12, 2015. 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 12th day of May, 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 12th day of May, 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 twelfth day of May, 2015. DEAN IORFIDA, CITY CLERK VICTOR PIETRANGELO, ACTING MAYOR First Reading: May 12, 2015 Second Reading: May 12, 2015 Third Reading: May 12, 2015