Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2015/11/10
Schedule for November 10, 2015 5:00 Council Meeting Council Chambers ti r ,s 1 iv w -.),,4'.� a ,f `" 4 1 s COUNCIL MEETING Tuesday, November 10, 2015 Order of Business and Agenda Package Niagaraa11s COUNCIL MEETING November 10, 2015 0 Canada to be sung by Lauren Watson ADOPTION OF MINUTES: Council Minutes of October 27, 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. * * * * * REPORTS 5:00 P.M. 1. L-2015-28 — LKQ Canada Auto Parts Inc. 6740 Marshall Road, Niagara Falls, Site Plan Agreement. 2. MW-2015-10 — Frozen Water Services Policy Amendment -AND- Presentation: City of Niagara Falls Water Audit 3. R&C-2015-17 — Recreation User Fees Review 1 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS 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-2015-42 — Cancellation, Reduction or Refund of Taxes MW-2015-35 — Chippawa Boat Ramp Improvements Phase 2 TS-2015-29 — Subdivision Agreements — Update to Parking and Traffic By-law 89-2000. * * * * * DEPUTATIONS/ PRESENTATIONS 6:00 P.M. Niagara Regional Housing Shirley Cordiner, Chair and Ellen Balmain, CEO of Niagara Regional Housing will update Council on affordable housing in Niagara. Millennium Trail Don Wallace, President, and Wayne Scott, Secretary, will make a cheque presentation on behalf of the Niagara Falls Lions Club for the new section of the Millennium Trail. * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS 2 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Ontario Lung Association — requesting the month of November be proclaimed as "Lung Month". RECOMMENDATION: For the Approval of Council. 2. FX Work Inc. — requesting approval of the annual New Year's Eve fireworks display at the Skylon. RECOMMENDATION: For the Approval of Council, subject to the required insurance. 3. Brian Kon — requesting approval for the Metis Flag to be flown during the week of November 16th in celebration of Louis Riel Day. RECOMMENDATION: For the Approval of Council. 4. Ombudsman Ontario — result of a Closed Meeting investigation. RECOMMENDATION: For the Information of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2015-133 A by-law to designate Lots 49 and 50, and Block 81, Registered Plan 59M-401, not to be subject to part-lot control (PLC-2015-002). 2015-134 A by-law to amend the zoning by-laws of the City of Niagara Falls to address a new use, being the use "Medical Marijuana Facility" as defined herein (AM-2015-010). 2015-135 A by-law to establish Reserve Block 28 on Registered Plan 59M-345 as a public highway, to be known as and to form part of Beaverton Boulevard. 2015-136 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Designated Lanes) 3 2015-137 A by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act. 2015-138 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of November, 2015. * * * * * NEW BUSINESS 4 Lauren Watson - November 10, 2015* My name is Lauren Elizabeth Catherine Watson. I am 17 years old and going into grade 12 at Denis Morris Catholic School. I enjoy my involvement in many activities including cheerleading, school musicals, choir, piano, Mathletes and Reach for the Top. My passion lies in the arts and I am glad to be a part of Linus Hand Productions since 2008. I have played a variety of roles in productions such as I Scrooge, Joseph and the Amazing Technicolor Dreamcoat, Annie, Peter Pan, T he Wizard of OZ and, most recently, I played Amber VonTussle in Hairspray. I am honoured to be singing the national anthem here this evening. L-2015-28 Niagara,Falls November 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2015-28 LKQ Canada Auto Parts Inc. 6740 Marshall Road, Niagara Falls Site Plan Agreement Our File No. 2014-213 RECOMMENDATION For the information of Council. That the consideration of the site alteration permit be directed to staff. BACKGROUND LKQ Canada Auto Parts Inc. is the owner of the property known municipally as 6740 Marshall Road. The property has been used as a motor vehicle wrecking yard since at least 1960. 6740 Marshall Road became subject to zoning controls in 1966. Thus, the use of 6740 Marshall Road as a wrecking yard was established as of that time. The Ontario Court of Appeal has held that the owner of a legal nonconforming use that is being undertaken on open land on the date upon which the by-law from which nonconformity is claimed, is entitled to expand that use to the limits of the lot upon which the use was being undertaken on the date the by-law was passed. Two of the cases applying this principle have involved wrecking yards. 6740 Marshall Road is a large lot. (See Attachment "A"). Attachment "A" is a reproduction of the official map of 6740 Marshall Road, taken from the Teraview Network. The Teraview Network is the official record of land ownership in Ontario. A title search commissioned by the City showed that 6740 Marshall Road has had this same configuration since 1955. LKQ Canada Auto Parts Inc. is entitled to expand its wrecking yard to the limits of 6740 Marshall Road, as illustrated in Attachment "A". The expansion of LKQ Canada Auto Parts Inc. was subject to Site Plan control. A Site Plan was developed with the assistance of the Niagara Peninsula Conservation Authority, who has jurisdiction over the stream and associated banks that pass through 2 L-2015-28 November 10, 2015 6740 Marshall Road. Attachment "B" is a letter from the Niagara Peninsula Conservation Authority confirming its approval of the proposed Site Plan. LKQ Canada Auto Parts Inc. has agreed to enter a standard Site Plan Agreement. A Site Plan Agreement is the mechanism by which the City ensures that the improvements to land illustrated in the Site Plan are actually put in place. Performance is secured by the City holding Letters of Credit which can be called upon in the event the improvements are not undertaken as agreed. As Site Plan approval is a delegated approval, in the normal course, the Site Plan Agreement would have been concluded and executed by the time of this meeting. However, as Council had directed that the Plan not be signed "until the matter comes to Council on February 10, 2015", the Plan and Agreement are not yet signed. Staff understands that the purpose of the adjournment was to allow counsel for the neighbour who owns the lands which abut 6740 Marshall Road to the south, to address Council. After repeated efforts to reschedule the appearance, Staff has concluded that he does not intend to appear. On the other hand, counsel for LKQ Canada Auto Parts Inc. has informed the City that, unless the Site Plan is approved forthwith, LKQ Canada Auto Parts Inc. will take legal action to compel the City to execute the Plan and Agreement. As LKQ has complied with the requirements of the City's Site Plan By-law the City must proceed with the execution of the Site Plan and permit the expansion to proceed. LIST OF ATTACHMENTS • Attachment "A" - Copy of Official Map from Teraview Network • Attachment "B" - Letter dated July 20, 2015, from the Niagara Peninsula Conservation Authority 4-q Recommended by: &144,-0,1„,&144,-0,1„, Ken Beaman, City Solicitor Respectfully submitted: 1)-411441 Ken Todd, Chief Administrative Officer KB Attachments ` ATTACHMENT "A " o r-- n m d v > w a w p o f a:7 W F a ¢ Z 1n yf a az z Uw wr{ rn 0 iaz w zp g z �¢ 0 o cr CC �C Q 0 X Z LL �f4 Qzmuw O �v~ 'L. a ro W O O �Na ita''''' nZ = O `i Z > w �_� Owaawo I- OI/CL � z= 'j, i6 o ill J z ~ W oi wH� J w H !Jfl aoa >p a iX ppu7 wz nflh Q 0 Uaoz ��Z a1zw ,a¢ wiz ON w zz Z Y W ww Z SOC UW�> zz ¢ �� c O Z d Q aawOzznU N IHHHH O �z �o ¢ zas w N LLI 10 CL N, owa Ucce 7 w =¢- 8E2 22 cn F w� Owr Jw JJU� a m7 ual z0 TOwO Ow z tit a• w o ¢az Oyu u¢ O �� d O y i y3pry yg 0 wai fi ^.1 4 Y Z 44:-,..:1,, �i,� x a '� , t mkt ,..,,, s 0. e , , V‘v '.V.7, '-t4 0059 „ Z ATTACHMENT "8 . ti p,> 250 T o o f 2 CONSERVATION ���_ �L� 1 �z, :�� �_�,�� r���, - � sr r1 CONSERVATION Te�Y: <,�> 90.l'38 �; a��.ri 305 881'21 bilieJuly 20, 2015 Via Email Only Mr. Brad Simpson, C.E.T. Permits Co-ordinator Municipal Works Department City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 NPCA File No.: MPR 8.9 Dear Mr. Simpson Re: Niagara Peninsula Conservation Authority (NPCA) Comments Proposed Expansion to Auto Recycling Yard 6740 Marshall Road Niagara Falls Owner: LKQ Corporation The NPCA has reviewed the Stormwater Management Report — LKQ Auto Recycling Yard Extension, 6740 Marshall Road, Niagara Falls' (dated June 23, 2015) and the 'Site Servicing, Grading, and Drainage Plan' (revised June 23, 2015) both by Niagara Engineering. Based on our review, the NPCA offers the following comments. 1. The NPCA has no objection to the construction of the proposed grassed swales in order to treat stormwater runoff to a Normal standard prior to discharge from the site. 2. The NPCA has no objection to the construction of the proposed stormwater management facility dry pond in order to attenuate post development peak stormwater flows to pre-development levels for up to and including the 100 year design storm event. 3. The NPCA has no objection to the construction of the proposed stormwater management facility dry pond in order to detain runoff from the 25mm design storm event for a period of 24 hours in order to mitigate the impacts of erosion on the receiving watercourse. 4. The NPCA has no objection to the proposed grading, stormwater management, and construction sediment controls. 5. The Owner will require an NPCA Work Permit for the construction of the outlet into Dell Creek before construction of the stormwater management system begins. 1 Conclusion Based on the above, the NPCA has no objection to the Owner's proposed stormwater management strategy, which will be implemented as part of the Site Alteration Permit application, subject to the Owner obtaining an NPCA Work Permit as detailed above. For information about the Work Permit application process and requirements, please contact Darren MacKenzie, Supervisor, Construction Permit Approvals, at extension 229. I hope this information is helpful. If you have any questions, please let me know. Regards, David Deluce, MCIP, RPP Supervisor, Development Reviews (ext. 224) cc: Mr.Zakir Ali,P.Eng.,Niagara Engineering, (email only) Mr.Alex Herlovitch,MCIP,RPP,City of Niagara Falls(email only) Mr.Steve Miller,P.Eng.,NPCA(email only) Mr.Darren MacKenzie,C.Tech.,NPCA(email only) m i_7 watershed mgmt-planning®ulations\dave d\6740 marshal)road-niagara falls(jul 20 2015)docx 2 CLERKS DEPARTMENT Inter-Departmental Memo To: Acting Mayor Vince Kerrio & Members of Council From: Dean lorfida, City Clerk Date: November 10, 2015 Re: 6740 Marshall Road Attached please find a roughly, chronological background on the issues surrounding the property noted above, location of LKQ Canada Auto Parts Inc. Council directed that staff bring back the grading plan prior to any approval and the matter was deferred at the request of the lawyers representing the business and one of the neighbouring residents. There is some question as to whether any subsequent meaningful dialogue took place between the parties. The Niagara Peninsula Conservation Authority provided comments to City staff in July in relation to a submitted Stormwater Management Plan. The City issues a permit under the Site Alteration By-law. Ms. Margaret Pirosko, the neighbouring property owner who had retained counsel, is requesting a deferral. Lawyers for the business will likely argue that the issuance of a permit under the Site Alteration By-law should not be delayed any further. The decision on whether to grant a deferral is up to Council. ;2t4 A Great City ... For Generations To Come SECOND MEETING REGULAR COUNCIL MEETING January 27, 2015 Council met on Tuesday, January 28, 2015 at 5:20 for the purpose of considering Regular Business matters. Councillor loannoni offered the Opening Prayer. All members of Council, except Councillor Morocco, were present. ***** ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the minutes for the December 9, 2014 meeting and the January 2, 2015 special meeting be approved as printed. Carried Unanimously ***** DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated an indirect pecuniary interest with cheque number 380218, made payable to his brother, and a direct pecuniary interest with an In Camera matter related to 6700 Fallsview Blvd. Councillor loannoni indicated a direct pecuniary interest with cheque number 380119, made payable to herself, and an indirect pecuniary interest related to an In Camera matter as it pertains to CUPE. Councillor Kerrio indicated pecuniary interests with In Camera report L-2015-02, related to the sale of a portion of Former Railway Lands and to L-2015-04, related to Steel Rail Entertainment. Councillor Pietrangelo indicated a pecuniary interest with a wire transfer, cheque number 380856 and Communication#4,all related to the Niagara Catholic District School Board, his employer. Mayor Diodati indicated a pecuniary interest with cheque numbers 379644,380085 and 380321, all made payable to himself. 6740 Marshall Road ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the grading plan not be approved until the matter comes to Council on February 10', 2015. Carried Unanimously REPORTS 5:00 P.M. PLANNING MATTERS PBD-2015-07, Medical Marihuana Facilities and Sensitive Uses The report recommends that Staff bring back to a future Public Meeting a definition and regulations governing Medical Marihuana Facilities and Sensitive Uses. _ e,..'..42': e-H-:sa:x.-.` s .- 4,us ...40Z ,fr aarr- ..may.,,. f t. SULLIVAN MAHONEY«P ,; LAWYELRS Please reply to the Niagara Falls Office Rocco"Rocky"Vacca 905-357-0500 Ext.304 rvacca rr, ullivanmahoney.c.om via electronic mail:diorfida niagarafalls.ca January 20,2015 City of Niagara Falls 4310 Queen Street P.O.Box 1023 Niagara Falls,ON L2E 6X5 Attention: Dean Iorf"ida City Clerk 1 Dear Sir: RE: Our Client: LKQ Canada Auto Parts Inc. 6740 Marshall Road,Niagara Falls Please be advised that we have been contacted by LKQ Canada Auto Parts Inc. and are in the process of being retained in relation to the above referenced matter. We understand that you have received a request by an adjacent land owner and their counsel to address City Council on January 27,2015. We further understand that their counsel intends to make representations as to the state of the applicable law relevant to this matter. Accordingly,we are requesting that the discussion before council be deferred until the next council meeting so that we may have an opportunity to present our position as to the state of the applicable law so that City Council is afforded the opportunity to fully consider the issue and make a fully informed decision. Thank you in advance for your consideration of our request. Yours very, Orly, SULLIVkN MAIIONEY LLP rf ////t____\ Rocco Vacca RV:bc Cc: LKQ Canada Auto Parts Inc. 40 Queen Street,P.0.Box 1360,St.Catharines,Ontario L2R 6Z2 Telephone:905-688-6655,Facsimile:905-688-5814 4781 Portage Road,Niagara Falls,Ontario L2E 6B1 Telephone:905-357-0500,Facsimile:905-357-0501 iiww.sullivan-mahoney.com V.F.Muratori,Q.C. P.B.Bedard T.A.Richardson P M Sheehan W.B.McKaig J.Dallal D.A.Gosliu J.M.Gottli R.B.Culliton J.R.Bush P A.Mahoney B.A.Macdonald M.J.Bonoini G.W.McCann S.J.Premi C.D'Angelo R.Vacea T.Wall B.J.Troup D.M.Continenza D.,M.Willer L,K.Parsons J.P.Maloney M.D.Atherton J.McNulty M.W.Vanoostveen G.C.Fatty L.T.Sgambelluri D.A.Maloney S M.McHugh Counsel(Commercial Law): M.D.Kriluck CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: February 10, 2015 Re: 6740 Marshall Road On this evening's agenda is a deputation from Margaret Pirosko, Willodell Road property owner, and legal counsel retained by her, Eric Gillespie. The deputation is related to concerns regarding the address noted above, the former Queensway Auto Wreckers, now owned by LKQ Corporation. Rocky Vacca will be representing LKQ at the meeting. The following is provided for background information to Council. 6740 Marshall Road is the location of the (former) Queensway Auto Wreckers, a legal non-conforming wrecking yard, licensed through the Region, which has been in existence since the 1960's. The property was sold in 2014 to LKQ Corporation, a multi- national corporation that operates scrapyards and auto parts distribution throughout the world. LKQ has already increased the staff on-site to sixteen and have expressed their desire to expand the operation on the property. Part of the property was farmed over the years. The farmer who leased the land was given his notice at the conclusion of the recent growing season. In late 2014, LKQ started scraping about six inches of topsoil on the agricultural lands. The dirt has been moved into piles/berms along the property, most notably adjacent to the Pirosko's farm to the south. LKQ has indicated that the soil removal is related to the expansion of their operation and to improve drainage. A subsequently submitted plan shows the berm, adjacent to the Pirosko's property, being kept, with other berms being temporary. Also, the southern berm will provide a natural barrier between the nearby agricultural properties and this legal non-conforming use. Residents in the area brought their concerns to the attention of City staff when the land was being scraped in late November. The residents feel that the legal non-conforming wrecking yard should be limited to the footprint it occupied and should not be allowed to expand. LKQ has been open that it has every intention to expand the existing operation within the boundaries of the property. A Great City ... For Generations To Come The City does have a Site Alteration By-law, which regulates the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. The by-law contemplates a permit through Municipal Works for any site alteration works. LKQ did proceed with site alteration works without first applying for a permit. Staff met with principals from LKQ prior to Christmas. The company engaged a land surveyor and provided an appropriate plan that has been circulated to commenting agencies, such as the NPCA (Niagara Peninsula Conservation Authority). The plan will be reviewed to ensure that any alteration does not have an adverse effect on neighbouring properties and that proper drainage is maintained. As per Council's direction at the previous meeting, staff has not approved the plan. Municipal works staff has met with nearby neighbours regarding the plan, including a representative of Pirosko's Farms. There have been additional complaints registered by neighbours. Allegations of eliminating a watercourse or dumping of materials in water courses have been referred to the NPCA and MOE (Ministry of the Environment), respectively. Similar complaints occurred during the former ownership. There have been complaints that the business is a "24-7" operation. The wrecking yard operates during normal business hours (8 a.m. to 5 p.m.), however, vehicles are occasionally delivered in the evenings. LKQ is willing to alter delivery routes and times so as to not upset the neighbours on Willodel Road and minimize truck impact on the road. RECOMMENDATION: For the Information of Council. A Great City ... For Generations To Come Dean lorfida From: Dean Iorfida Sent: Friday, February 06, 2015 4:22 PM To: Rocky Vacca Cc: Ken Beaman; Eric Gillespie Subject: Re: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item - Council Meeting Feb. 10, 2015 Attachments: image001.png Judging by this email, I assume all parties are in agreement. As such, I will advise Council that the matter is being deferred. Thanks Dean Sent from my'Phone On Feb 6, 2015, at 4:17 PM, "Rocky Vacca" <rvacca@sullivan-mahoney.com>wrote: Dean, I assume the item has been lifted from Tuesday's agenda? I have been asked to confirm same in writing. Regards, Rocco"Rocky"Vacca Partner SULLIVAN MAHONEY LLP 4781 Portage Road Niagara Falls, Ontario L2E 6B1 Direct Dial: (905) 357-5863 Facsimile: (905) 357-0501 <image00 I.png> This communication is intended only for the named recipient(s)and is private,confidential and privileged.Any unauthorized use or disclosure of this communication is prohibited. If you receive this communication in error,please notify the sender immediately by return mailby telephone at(905)688-6655 or by contacting laAyers_sullivan-mahoney com and immediately deleting the communication from any computer Thank you From: Dean Iorfida [mailto:diorfida@niag_arafa)Is.ca] Sent: Friday, February 06, 2015 1:32 PM To: Ken Beaman Cc: Eric Gillespie; Rocky Vacca Subject: Re: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item - Council Meeting Feb. 10, 2015 I echo Ken's comments. The likely result of Tuesday's proceedings would be that the matter be referred to staff to facilitate meetings between the parties, which is the proposed course of action outlined. Keep me posted. Thanks Dean Sent from my iPhone On Feb 6, 2015, at 12:36 PM, "Ken Beaman" <kbeaman@niagarafalls.ca>wrote: Hello Mr. Gillespie: As I indicated to Mr. Flett yesterday, the Council of the City of Niagara Falls has historically shown little interest in litigation and much preference for settlement. I do not anticipate that the facts of this case will give rise to any exception to past behavior. At this time,the council's express instructions are to withhold approvals pending the opportunity for counsel to address council. If you are able to negotiate a reasonable Ken Beaman City Solicitor Legal Services City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4242 Fax 905-371-2892 kbeaman@niagarafalls.ca arrangement that is acceptable to your clients, I would be very surprised indeed if council did not find it acceptable. From: Eric Gillespie [maiito:egillespie@gillespielaw.ca] Sent: Friday, February 06, 2015 12:23 PM To: Rocky Vacca (ryacca@sullivanmahoney.com); Ken Beaman Cc: Dean Iorfida Subject: 6740 Marshall Rd. Niagara Falls - LKQ Agenda Item -Council Meeting Feb. 10, 2015 Dear Counsel, We are writing today on behalf of our client Mr.Joe Pirosko and his family regarding the above-noted matter. Further to the discussion between Mr. Beaman and Mr. Flett of our office yesterday in Toronto, and the subsequent telephone call this morning between myself and Mr. Vacca, we have now had the opportunity to obtain instructions. Our clients would be agreeable to have the current agenda item scheduled for this Tuesday, Feb. 10`h 2015 further deferred on the following basis: 1. Our clients expert(s) and LKQ's agree to meet as soon as reasonably possible to allow for a technical discussion of all issues. The parties will make best efforts to facilitate this. 2 2. An invitation will be extended to the Hilton family to participate in these discussions. 3. The parties and the City will agree that no approvals will be sought or granted from or by the City while these discussions are ongoing. In light of the fact that the Council meeting is early next week, we would respectfully request a written response to this communication at your earliest convenience to allow the parties to know if they, their supporters, legal counsel and expert(s) should continue to plan to attend. Thanking you in advance for your assistance with these matters. Eric Gillespie <image001.jpg> Eric K. Gillespie Professional Corporation 10 King St East Suite 600 Toronto Ontario MSC 1C3 Tel: (416)703-6362 Fax: ( 416)703-9111 Email: egillespie@gillespielaw.ca 3 THIRD MEETING REGULAR COUNCIL MEETING February 10, 2015 Council met on Tuesday, February 10, 2015 at 5:10p.m. for the purpose of considering Regular Business matters. Councillor Kerrio offered the Opening Prayer. All members of Council were present. DISCLOSURES OF PECUNIARY INTEREST None ** *** REPORTS 5:00 P.M. 6740 Marshall Road ORDERED on the motion of Councillor Kerrio,seconded by Councillor Craitor that the matter be deferred at the request of the parties. Carried Unanimously Strategic Planning 2015-2018 The Chief Administrative Officer provided Council with an overview and presentation regarding Strategic Priorities. Councillor loannoni exited, not to return. ORDERED on the motion of Councillor Pietrangelo,seconded by Councillor Strange that the Strategic Priorities 2015-2018 be adopted by Council. Carried Unanimously Capital Asset Management The Director of Finance made a presentation about the City's Asset Management Plan Core Infrastructure Assets. Councillor Pietrangelo exited Chambers. F-2015-06-Capital Management Asset Plan The report is recommended for the adoption of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the report be adopted. Carried Unanimously F-2015-2014 Capital Projects Update The report recommends that Council receive the 2014 Capital Projects Update for Information purposes. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously Dean Iorfida From: Franco Piscitelli Sent: Monday, January 05, 2015 11:35 AM To: Dean Iorfida Subject: FW: LKQ Property FYI From: Benvenuti, Lisa (MOECC) [mailto:Lisa.Benvenuti©ontario.ca] Sent: Monday, January 05, 2015 11:30 AM To: Franco Piscitelli Subject: RE: LKQ Property Hi Franco —good to speak with you as well. Given what we know at this point, I don't expect our office will be doing anything further on the matter right now. As I said, I did tell Ms. Pirosko 1 would attend LKQ again in the spring to have another look around the property and will address any issues within MOECC mandate at that time. As of now, there is nothing that I have seen or learned that leads me to believe there is any oil contamination to the berm or to the creek/ditch from the LKQ property. I will keep you posted from our end. Thanks again for the chat this morning, Lisa Lisa Benvenuti :. iisa,ben enut9@ T ari .ca From: Franco Piscitelli [ma Atm rp sciteli ain a Mrafail. ,-a] Sent: January-05-15 11:06 AM To: Benvenuti, Lisa (MOECC) Cc: Dean Iorfida; Widmeyer, Paul (MOECC) Subject: LKQ Property Lisa It was a pleasure speaking with you this morning. We have had a great relationship with Paul Widmeyer over the years and it is good to see that we have established another great working relationship. I have also copied Dean Iorfida (City Clerk) on this email. He is my boss and, although, the Clerks Department is not the lead on this LKQ complaint, he is still taking an active interest in making sure that the City is properly represented. You indicated that your initial findings would lead you to believe that there are no MOE issues on the property that was cleared to make way for the berms, at this time. That was our expectation as well, because that particular east end of the property has been used as farmland all along, Thank you for your call. Franco 1 Dean Iorfida From: Ken Beaman Sent: Wednesday, April 15, 2015 8:30 AM To: Eric Gillespie (egillespie@gillespielaw.ca) Cc: 'Rocky Vacca' Subject: LKQ Canada Auto Parts Our File 2013-213 Hello Mr. Gillespie: Can you advise as to how you intend to proceed please?The City cannot keep LKQ waiting forever. Ken Beaman City Solicitor Legal Services City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356-7521 ext 4242 Fax 905-371-2892 kbeaman@niagarafalls.ca N AGARS PE'ai 5U A 110.4.4 CONSERVATION -> _ . :',:• :-`,_ _ _ �' July 20, 2015 Via Email Only Mr. Brad Simpson, C.E.T. Permits Co-ordinator Municipal Works Department City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 NPCA File No.: MPR 8.9 Dear Mr. Simpson Re: Niagara Peninsula Conservation Authority(NPCA) Comments Proposed Expansion to Auto Recycling Yard 6740 Marshall Road Niagara Falls Owner: LKQ Corporation The NPCA has reviewed the 'Stormwater Management Report — LKQ Auto Recycling Yard Extension, 6740 Marshall Road, Niagara Falls' (dated June 23, 2015) and the 'Site Servicing, Grading, and Drainage Plan' (revised June 23, 2015) both by Niagara Engineering. Based on our review, the NPCA offers the following comments. 1. The NPCA has no objection to the construction of the proposed grassed swales in order to treat stormwater runoff to a Normal standard prior to discharge from the site. 2. The NPCA has no objection to the construction of the proposed stormwater management facility dry pond in order to attenuate post development peak stormwater flows to pre-development levels for up to and including the 100 year design storm event. 3. The NPCA has no objection to the construction of the proposed stormwater management facility dry pond in order to detain runoff from the 25mm design storm event for a period of 24 hours in order to mitigate the impacts of erosion on the receiving watercourse. 4. The NPCA has no objection to the proposed grading, stormwater management, and construction sediment controls. 5. The Owner will require an NPCA Work Permit for the construction of the outlet into Dell Creek before construction of the stormwater management system begins. 1 Conclusion Based on the above, the NPCA has no objection to the Owner's proposed stormwater management strategy, which will be implemented as part of the Site Alteration Permit application, subject to the Owner obtaining an NPCA Work Permit as detailed above. For information about the Work Permit application process and requirements, please contact Darren MacKenzie, Supervisor, Construction Permit Approvals, at extension 229, I hope this information is helpful. If you have any questions, please let me know Regards, David Deluce, MCIP, RPP Supervisor, Development Reviews (ext. 224) Mr.Zakir Ali,P.Eng.,Niagara Engineering,(email only) Mr.Alex Herlovitch,MCIP,RPP,City of Niagara Falls(email only) Mr Steve Miller,P.Eng.,NPCA(email only) Mr.Darren MacKenzie,C Tech.,NPCA(email only) m'\_7 watershed mgmt-planning®ulations\dave d\6740 marshall road-niagara falls(jul 20 2015).docx 2 Dean Iorfida From: Dean Iorfida Sent: Wednesday, November 04, 2015 3:33 PM To: 'Margaret Pirosko' Cc: Alex Herlovitch Subject: RE: 6740 Marshall Road - City Council, November 10th Attachments: npcamarshallroad.pdf Hi Margaret: Apologies. I have been tied up in meetings most of the day. I will deal with your deferral request email separately. Alex forwarded me the email cut and pasted below shortly after receipt in October. I'd be happy to include it as part of Council's information. I appreciate that the Notice may seem short but there is actually no legislative requirement to provide any notice on this matter. The notice that is occurring is based on my insistence at a staff level that all parties that were involved circa the beginning of the year be notified. Council's direction in February was that the approval of a permit under the City's Site Alteration By-law not occur until the matter came back before Council. In February the matter was deferred for the lawyers (yours and LKQ) to, hopefully, come to some consensus. The lawyers on both sides consented to the deferral. My understanding is that there has been very little dialogue between the parties and LKQ have the right to request that the permit under the Site Alteration By-law be considered. As per the By-law, the City may request an agreement to provide security for the Applicant's obligations under this By- law. The approval of the permit under the By-law rests with the Director of Municipal Works. The approval of the Site Alteration Permit is not with the NPCA, so I am not really clear on what you are actually appealing vis-a-vis that organization but, once again, I am more than happy to include any correspondence you wish. I will be including the NPCA's correspondence to the City (see attached). Thanks Dean October 14, 2015 Mr. Alex Herlovitch City of Niagara Falls RE: Proposed Expansion to Auto Recycling Yard LKQ NPCA File MPR 8.9 In late August, Pirosko Farms was provided with the package of information from the City of Niagara Falls which outlined the Storm Water Management proposal for a 20 acre parcel of farmland that was being used for agricultural purposes last year. The Storm Water proposal was submitted to the City for the purposes of expanding an Auto Recycling yard. The package of information to Pirosko Farms did not include any comments from the Niagara Peninsula Conservation Authority(NPCA). Upon our request, we received the comments via e-mail from Mr. Simpson in mid-September and forwarded these to our consultants. After reviewing the NPCA comments, we have made the decision to file a formal complaint and will be appealing the decision of the Niagara Peninsula Conservation Authority. There is significant evidence of flooding damage and any amount of water now entering Dell Creek will cause our existing farming operation even more loss. We have made the City of Niagara Falls aware of this situation and reported the damage to the NPCA but no measures by either party have been taken to help mitigate the damage. We have filed a damage report with Agricorp, and will be calculating the financial loss once the crop has been harvested. This damage to our land limits the potential of our farming operation and our desire to complete our transformation to organic farming. The Dell Creek portion of our property experienced large amounts of flooding and has resulted in loss of land use. We are also filing a complaint against the City in regards to rezoning the property east of Dell Creek. A Legal Non-Conforming use on that part of the property has never been officially recognized nor has it been proven to be a legal' non-conforming use. Taxes paid are for farmland, not commercial use. These are two separate properties as per your own zoning bylaw. We would like to have official recognition of the receipt of this correspondence and look forward to a prompt response. Margaret Pirosko Manager Pirosko Farms From: Margaret Pirosko [mailto] Sent: Wednesday, November 04, 2015 10:35 AM To: Dean Iorfida Subject: Re: 6740 Marshall Road - City Council, November 10th Hello Dean I am not sure if you are aware that 2 weeks ago we forwarded a letter to the city informing them that we have an ongoing appeal with the conservation authority over this matter. Mr Herlovitch informed me that he received the letter. I will inform our lawyer, but as you can imagine this time frame is extremely short. We waited over 5 months to even get the site plan and there are major issues with it from our perspective. Our property has sustained flooding damage and no one has addressed it. We have sustained loss in our farm production ever since LKQ took ownership, the city has not addressed our needs, and now you wish to add to the problem by allowing an expansion. Please reply so I know if you are aware of our letter and our appeal that is ongoing with the Conservation Dept. Thank you Margaret Pirosko On Nov 4, 2015. at 9:43 AM, Dean Iorfida < d_u,- a a ara a ,. a> wrote: I am sending an email (bc'ed) to individuals that had previously expressed an interest related to matters involving the above noted property, the current location of LKQ Canada Auto Parts Inc. 2 In January of this year, Niagara Falls City Council passed a motion that the grading plan related to the property not be approved until the matter returned to Council. It is staff's understanding that the proponents are interested in approval of the grading plan, as executed via a site plan agreement. The matter will be dealt with on Tuesday, November 10th at 5:00 p.m. in Council Chambers. Anyone who wants a copy of the related report (available on Friday) or to appear as a deputation to speak to the matter is to notify me. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) g1/4 `iagarapid is www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s)named above,and may be legally privileged. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,disclosure or copying of this communication,or any of its contents is strictly prohibited.If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 3 Dean Iorfida From: Alex Herlovitch Sent: Wednesday, November 04, 2015 12:51 PM To: 'Margaret Pirosko' Subject: RE: 6740 Marshall Road - City Council, November 10th Attachments: LKQ Expansion; RE: LKQ Expansion Dear Ms. Pirosko Receipt of your e-mail letter dated October 14, 2015 and sent on October 20, 2015 (attached) is hereby acknowledged. I did previously acknowledge receipt of same, please see second attachment. Since there were no specific questions to respond to. I simply assumed that you were providing me with the following information: In paragraph 1 you advised me that you received a copy of the Storm Water Management proposal and NPCA comments. In paragraph 2 you advised me that you intend to appeal the NPCA decision and that you had made the City aware of evidence of flooding. In paragraph 3 you advised me that you had filed a damage report with Agricorp In paragraph 4 you advised me of your intent to file a complaint against the City regarding rezoning In your last line you asked for acknowledgement of receipt of the correspondence, which I provided on October 21, 2015. As for what is happening with this file, that information is provided in the City Clerk's e-mail below. The request by LKQ to alter their site was processed and received the approval of the Conservation Authority (both of which you acknowledged receiving). The City Solicitor will be submitting a report for the consideration of City Council on November 10, 2015. That report will be available to you from the City Clerk on Friday. I have not signed a Site Plan for this property because Council directed that no approval be issued until the matter had returned to Council. This matter is returning to City Council on November 10th and will be your opportunity to speak before City Council (or your lawyer on your behalf if you prefer), You will need to register with the City Clerk to be listed as a deputation. I hope that this provides the explanation you seek. Sincerely Alex Herlovitch Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 P: 905-356-7521, ext 4231 arer'ovitchniagarafplls. ,a From: Margaret Pirosko [mailto: Sent: Wednesday, November 04, 2015 11:36 AM To: Alex Herlovitch Subject: Re: 6740 Marshall Road - City Council, November 10th Hello Alex, 1 I today received this letter from Dean lorfida. I have not heard any reply to my letter to you on October 4, 2015. The Conservation Authority did acknowledge receipt of my letter as well, but we are still awaiting a time for our appeal to be addressed. I did email Mr. lorfida to inform him of my correspondence with the city and with conservation. Can you please respond letting me know exactly what is going on? Thank you Margaret Pirosko Pirosko Farms Manager On Nov 4, 2015, at 9:43 AM, Dean lorfida <d o, "u n,a a:ra a s.ca>wrote: I am sending an email (bc'ed) to individuals that had previously expressed an interest related to matters involving the above noted property, the current location of LKQ Canada Auto Parts Inc. In January of this year, Niagara Falls City Council passed a motion that the grading plan related to the property not be approved until the matter returned to Council. It is staff's understanding that the proponents are interested in approval of the grading plan, as executed via a site plan agreement. The matter will be dealt with on Tuesday, November 10th at 5:00 p.m. in Council Chambers. Anyone who wants a copy of the related report (available on Friday) or to appear as a deputation to speak to the matter is to notify me. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) `i 1 ;i ra:J'aIJ N v. :a arala:is. The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s)named above,and may be legally privileged.If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,distribution,disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system.Thank you 2 Dean Iorfida From: Margaret Pirosko < Sent: Wednesday, November 04, 2015 1:39 PM To: Dean Iorfida Subject: Fwd: Formal Complaint Re Proposed Expansion to Wrecking Yard on Conservation/Farmland Dear Mr Iorfida, I would ask that this matter be deferred based on the fact that my legal council cannot appear on this date. I would also ask that this be deferred based on the fact that an appeal has been made with the Conservation Authority. I have enclosed both my letter as well as as the conservation Authority's response.Please reply as soon as possible so that I know if the deferral has been accepted. If a deferral is not granted then [ would request to address council to explain why a deferral is required. Thank you Begin forwarded message: From: Carmen D'Angelo <cdangelo npca ca> Subject: RE: Formal Complaint Re Proposed Expansion to Wrecking Yard on Conservation/Farmland Date: October 21, 2015 at 10:08:13 AM EDT To: Margaret Pirosko <>, David Deluce <ddeluce@a',,npoa_ca>, "brucetimms@yahoo.com" <brucetimms cz©yahoo_corn>, "sanciyannunziata cr niagarareg on_ca"<sandy annunziatay rliaclarareg on.ca>, "brianbatyfbniagararegion.ca" <brianbaty n agararegon.ca>, James Stewart Beattie <jSbeattienpca.ca>, "frank.campiongniagarafegion_ca" <frank. campion@ntagararegion ca>, "Odartprebnctl.prg" <pdarte©noti org>, Domenic DiFruscio <ddifruscio anpcaca>, rn dodati©riagararegion,ca" <Lm.diodatic niagararegiop.ca>, "bili.hodgsan c nagararegjon_ca„ <bill.hodgson@niagararegionca>, "aj fsAwainfleet.ca" <a effs vvainfleet.oa>, James Kaspersetz <ils_aspersetz anpca ca>, "dpulas ipynern agarafegcr ca" <douglas.joy_nerniagararegjon ca>, "iohr maloney©n agara egjo ca" <'ohn malone nia arare lon.ca> "tory c'uirk atria ara eg cr.ca" <tory.g_.irk niagararegion_ca> Cc: "cony. , irk aniagararegi©n_ca,, <tory uirk nagrareg+pr ca>, "rshirtcn!chaldimandcount on.ca" <rshrrton-c haidimand ,un i cr a> Hello Ms. Pirosko: This is to formally acknowledge receipt of your email and associated comments within this communique. NPCA staff will advise the NPCA Board of Directors and thereafter provide you with a response. Kindest Regards, + -~-n• BSc, MPA Chief Administrative Officer Secretary Treasurer Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland ON L3C 3W2 905-788-3135 x251 cdangeloAnpca.ca www.npca.ca From: Margaret Pirosko [mailto:] Sent: Wednesday, October 21, 2015 9:46 AM To: David Deluce; Carmen D'Angelo; brucetir_ms©y noo.cc+m; san_d,.aa_n=.aaziata niagarareg c+ ca; brian bat `niagara e ion.ca, James Stewart Beattie, frank. a'""'pion©niagararego '. a; ,care a nc- ._U"y; Domenic DiFruscio; iia^.dicdar' niagara egior ca; 4 .r cd so' a ar areg c;:.0 , ajeffs ivavfleer. a, James Kaspersetz; dice ias. n n i p g',, Joy 2r a, ia a,'ar i{Ja Ca; ,onr. : alo,`'t?y . oagarareg"On.cai tor»1.quirky niarar g-ae-gioa.ca_-_-- Cc: 1=on quirk©niagararegion.ca; mail_u+ paid man+dcount on.ca Subject: Formal Complaint Re Proposed Expansion to Wrecking Yard on Conservation/Farmland October 14, 2015. Mr. David Deluce Niagara Conservation Authority RE: NPCA File MPR 8.9 Proposed Expansion to Auto Recycling Yard In late August, Pirosko Farms was provided with the package of information from the City of Niagara Falls which outlined the Storm Water Management proposal for a 20 acre parcel of farmland that was being used for agricultural purposes last year. The Storm Water proposal was submitted to the City for the purposes of expanding an Auto Recycling yard. The package of information to Pirosko Farms did not include any comments from the Niagara Peninsula Conservation Authority (NPCA). Upon our request, we received the comments via e-mail from Mr. Simpson in mid-September and forwarded these to our consultants. We have reviewed your comments and wish to file a formal complaint and appeal your decision. The notes from NPCA only offer a "yes or "no" to the proposals. It does not offer an explanation to their agreement with the the proposal. There is no factual data to claim any of the 4 points of the proposal. We agree to point number 5, but the "no" objections should be addressed in detail with some rational for the decision. The approvals that you have provided have not considered the flooding we have already reported since LKQ took possession of the property. The flooding that we have experienced is in direct conflict with point 2 of your approval "in order to attenuate post development peak storm water flows to pre-development levels". Flooding damage is already present, any amount of water now entering Dell Creek will only cause our farming operation significant crop loss. We have made the City of Niagara Falls aware of this situation and reported the damage to the NPCA but no measures by either party have been taken to help mitigate the damage. 2 We have filed a damage report with Agricorp, and will be calculating the financial loss once the crop has been harvested. This damage to our land limits the potential of our farming operation and our desire to complete our transformation to organic farming. The Dell Creek portion of our property experienced large amounts of flooding and has resulted in loss of land use. This is evident by the photos showing before and after LKQ took possession of the property. To our knowledge, the NPCA has no monitoring plan for testing of soil or water for contaminates and runoff into our conservation wetland, farmland and downstream creeks. The onus is on us to monitor for any damage that may result from contaminates such as mercury and oil associated with the breakdown of autos. The submitted engineering plan for the expansion does not show any calculations for the runoff from our property. We need a clear solution to the existing flooding situation, and a clear plan for monitoring the contaminates before any expansion should even be considered. This approval contravenes the South Niagara Watershed Report that states "agricultural land is protected through City of Niagara Falls Official Plan 1993 for "good general agricultural land", which restricts non-farming use. Please acknowledge receipt of our complaint, and forward the appeal procedure. Margaret Pirosko Manager Pirosko Farms Subject Property before LKQ Purchase After LKQ Purchase Ma 2015 3 ' Jt MW-2015-10 Niagara.Falls November 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-10 Frozen Water Services Policy Amendment RECOMMENDATION That Council approve the amendments to the Frozen Water Services Policy as outlined in this report. EXECUTIVE SUMMARY From January 1 to March 20, 2015, the City received 254 reports of frozen water services. Reports peaked near the first of March with up to 25 calls daily. Municipal staff was supplemented during the peak by licensed staff from the Niagara Region. Many municipalities experienced challenges during this time. Options to remedy to problem involved a thawing process or excavation of the service. The Ministry of Environment and Climate Change (MOECC) has subsequently issued a directive that permits staff to "tie over" affected frozen service properties to neighbouring properties, which will allow running water between two homes. This practice, where feasible, will provide residents with an interim solution that will reduce the impact of frozen water services significantly across the City. The purpose of this report is to seek Council's endorsement of this policy and to direct staff to make appropriate arrangements in advance of the upcoming winter season. BACKGROUND Prior to 2014, the City had only one or two frozen water services annually. A water service is the pipe that is connected between the water main in the municipal road allowance and the water meter located inside a building or in a meter pit. The water service is co-owned with the 1111 property line being the dividing point. Moresneesey City See the sketch showing the point of split Responsibility > responsibility. Water Sent=Later* *Ow*Se Sewer Strfte WICr1I, aMf Main H's ! ani neteeneiblisty ! Aseponsibillyi 2 MW-2015-010 November 10, 2015 The valve (curb stop) at the property line, permits the City to shut off a service to a property when required without having to enter the building. Water mains and services are typically buried at a depth of 1.5m to 1.75m which usually is well below the depth of frost penetration during the winter months in Niagara. Currently, when frozen services are reported, staff; 1. Determine if it is an internal plumbing issue or a frozen service. 2. If frozen, attempt to thaw by removing the meter or cutting the water service, inserting thawing equipment into the line —to the water main. A licensed plumber is required to perform this work. 3. If staff obtain flow, the meter is replaced, a reading is obtained, and staff advise owners to leave water running until instructed to turn it off. 4. If it cannot be thawed from inside, utility locates are obtained and an excavation crew is scheduled. Usually, within 1-2 days. 5. Excavation is on municipal property, starting at the curb stop. 6. Crews attempt to thaw from the curb stop to the water main using thawing equipment. 7. Failing this, crews excavate further towards the water main to thaw the water service. 8. Prior to backfilling, water services are insulated and if practicable services that require lowering will be flagged for further work in the spring/summer. During this process, staff maintain periodic contact with the owners to: • Advise where they were on the excavation list • Provide bottled water for consumption • Offer the YMCA at the MacBain or Gale Centre facilities for showering • Advise owners to keep water running when thawed • Obtain meter readings from owners when thawed, for Finance to review and reimburse for high consumption Time Factors Affecting Progress — 2015: 1 . The thawing process is time consuming due to a number of issues, namely; the length of the water service, obstructed access points or galvanized iron plumbing material which cannot accommodate the thawing equipment. It can take anywhere from 1 to 4 hours to attempt to thaw from inside the property. 2. Excavation times were typically 2 to 8 hours depending on location of site. Some digs were longer (arterial roadways, traffic detours, etc.). Earlier in February, excavations took longer due to the depth of frost. 3 MW-2015-010 November 10, 2015 3. Staff attendance to Watermain Breaks (53 breaks recorded from January to March). 4. Staff attendance to emergency Sewer Lateral Repairs (22 calls recorded from January to March). 5. Staff purchased new equipment following last winter however it was still insufficient for the extraordinary demands of the 2014-2015 season. Thawing equipment is specialized, and as all other local municipalities were affected, there was no additional equipment to be borrowed, purchased or rented for this process. Although municipal staff was supplemented with licensed Regional staff, contract plumber(s), and contractors, staff had to attend to priority water main breaks and related emergency repairs. Staff and contractors worked long hours and weekends to expedite the process, while adhering to hours worked under the Occupational Health and Safety Act, and the Highway Traffic Act. With so many area municipalities affected during this time period, drawing on additional resources became problematic as all areas were calling for similar services. Staff are currently consulting area municipalities, with a goal to develop consistent policies and processes in addressing frozen water services. Additionally, The Ontario Water Works Association will be preparing a best practice document, based on a forthcoming municipal survey. ANALYSIS/RATIONALE In 2014 costs related to the repair and estimated restoration (asphalt, sod, concrete repairs) for the approximate 54 reported services were: Internal Costs $60,600 Contracted Services $56,700 Restoration $58,900 TOTAL $176,200 An average of$3,263 per frozen service 4 MW-2015-010 November 10, 2015 In 2015, costs related to the repair and restoration of 254 frozen services will be approximately: Internal Costs $178,400 Contracted Services $297,900 Restoration $250,000 TOTAL $726,300 An average of$2,859 per frozen service Under the 2015 Utility budget, Environmental Services budgeted for internal costs, and submitted budget requests for $50,000.00 for emergency contracted services and $182,000 for restoration costs (sod, seed, concrete, asphalt). Note: Six (6) properties failed to adhere to municipal direction to leave the water running to prevent re-freezing, and had to be excavated and thawed again, doubling the cost for each property. One property did this three times, thereby tripling their individual cost. As of the end of April this year, the City has now been advised by the Ministry of the Environment and Climate Change (MOECC), that the practice of "tying over" a property will now be permitted. "Tying" a property over is running a potable water hose, supplied by the City, from an adjacent property's hose bib, and back feeding the affected property with running water. A more detailed description of this policy is attached to this report. This comes as the MOECC is preparing to release an updated watermain and service disinfection guideline, replacing the American Water Works Association C-651 disinfection document. While staff worked to resolve the frozen service problems, and did all they could utilizing existing staff, equipment, overtime and contractors to expedite the process, By-Law 2007-171 states: 54. The City does not guarantee the supply or quality of water, and failure to supply water shall not be construed as negligence or nuisance on the part of the City. FINANCIAL IMPLICATIONS While it is difficult to estimate the financial impacts of implementing this policy the cost of restoration will be reduced significantly. The cost variance has been included in the 5 MW-2015-010 November 10, 2015 draft 2016 Utility Budget and will be monitored over the winter months to quantify the actual cost savings. CITY'S STRATEGIC COMMITMENT This report is to advise Council that staff continue to adhere to Municipal and Provincial Legislation in their duties, and are continuing to seek alternatives, and develop policies that will be consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS 1. Location Plan 2. Policy Recommended by: Geoff Holm n, Di ctor of Municipal Works Respectfully submitted: t.IA‘j -t4.J\-9 Ken To d, Chief Administrative Officer Sue Wheeler/Geoff Holman MW-2015-10 Attachment #1 i J .NBUR, e- /./ CD ® os QT t PG I Aii O o -+ f( O as /7 JJ ■ : - o m 63 1 i al MDO ' 1 lig CP < a ' i'+, O 9iG; TTHOROLD STONE RD • ' - 33D est ■ - w 's O —! I / ®` a ' • ! - ' ® 1 % 1 ■ ■ 0 a K - ■ 1 O + _ e j L --1 ® r I 1 ' ; M I 1 , DO a I L 0 • / 420 HY; • •, i i► 1 ilia • IR Niagara/cillo i + Winter 2014/2015 r- ■ I . FERRY ST ,1 ® LUNDY'S LN T a - Incidents of ,, CULP SIT • 8' * Frozen Water 4 I I1 ■ " Service cn Incident Location x 0 - D 29 , ! Parcel 0 0 - ■ < O'9, Road O 1 9i o ■ OA\ ,o MCLEOD RD 9 O'c(` • 9.0 OLDFIELD RD ,•1 55 a o + BROWN RD cc ' Lu elf • c~n S ' . 0 c I 0 oI ® a) I r CREEK RD \PPP P CHIP?'' WEINBRENNER RDS O K GIS Requests 2015 Custom Mun opal Works FrozenService.map Aon[20,5 Department Division Municipal Works Environmental Services Subject Policy# \iagaraj.alls Frozen Water Lines 318.15 Issue Date Revision Date April 8, 2014 November 10, 2015 Policy ElProcedure Page Page 1 of 1 Purpose To establish a process to assist in providing relief to property owners with frozen water services. Process: Upon determination of a frozen water service municipal staff will: 1. Maintain a log of all properties including ownership and meter readings at time of freeze 2. Provide owners with temporary relief if possible by "tying" over service to a neighbour, if the neighbour is willing. Only approved potable water source new hose is to be used and supplied by the City. 3. Obtain meter reading at "relief" property — to ensure adjustment of high consumption costs are reviewed by Finance 4. If there is no relief house available property is placed on list based on time of"report" to municipality 5. Work is performed based on a first come, first serve basis, unless otherwise directed by Public Health, or the home is used for home dialysis. 6. Thawing equipment is attempted internally first 7. If thawing internally fails, the homeowner is advised that an excavation will be required to relieve the property. Owner is also advised they may be responsible for costs, if the freeze is found on the private side of the water service. 8. Owners will sign a waiver for staff to proceed with excavation. 9. Locates are obtained and excavation is scheduled at curb stop 10.If the point of freezing is found on the municipal side, no costs are charged to the homeowner Director Date Submitted by November 10, 2015 CAO Date Recommended by November 10, 2015 Report#MW-2014-15,MW-2015-10 Bylaw# Date ❑ Approved by Council November 10, 2015 Department Division Municipal Works Environmental Services Subject Policy# iagaraj cuIIs Frozen Water Lines 318.15 ` Issue Date Revision Date April 8, 2014 November 10, 2015 CI Policy ❑ Procedure Page Page 2 of 2 11. If the point of freezing is found on the private side, costs are charged on a flat rate fee of $2,000.00 (this costs includes inside thawing attempts, as well as an average estimated cost per excavation by staff or their agent) 12. Should the owner not wish to excavate, but wait for a thaw, municipal venues such as the YMCA at the MacBain Centre, or the Gale Centre will be made available to those who wish to wait. 13.The City will still supply water for drinking and food preparation. 14.Administrative staff will stay in touch with those pending excavations to advise on time lines, wait periods. Director Date Submitted by November 10, 2015 CAO Date Recommended by November 10, 2015 Report#MW-2014-15,MW-2015-1D Bylaw# Date ❑ Approved by Council November 10, 2015 R&C-2015-17 Niagaraaalls November 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-17 Recreation User Fees Review RECOMMENDATION 1. That Council approve the three year user fees schedule for Arenas and Athletic Fields effective May 1, 2016. 2. And that staff continue to monitor operating costs and facility utilization. AND that staff look at subsidization rates on a sports by sports basis EXECUTIVE SUMMARY Financial Stability is one of the Strategic Priorities for the current term of Council. A multi-year Arena and Playing Field user fee proposal has been developed in consultation with the facility's user groups to ensure appropriate recovery rates for the recreation user fees. Meetings were held throughout May and June to discuss the related expenses, current cost recovery, comparative municipal rates and user fee options. Consensus was reached with all of the user groups and supported by the Recreation Committee. The arena fee proposal represents an annual increase ranging from 2% for local youth groups to 5% for adult out-of-town user groups. The playing field proposal recommends a $0.50 increase annually for the youth per participant rate and $1.00 increase for the adult per hour rate. To recover some of the extra tournament expenses (staff, materials, etc.) 5% increase for the field/day rate for youth and 10% rate increase for adults. Attachment #1 outlines the proposed new user fees over a three-year period. A user fee survey was also conducted to inform the public of the current cost recovery level of 37% to maintain indoor and outdoor Recreation facilities. The public completed a short questionnaire inquiring if the current level of subsidy is satisfactory or should the level for certain facilities, programs and/or ages be set at a higher or lower rate. BACKGROUND City Council approved the implementation of Playing Field User Fees November 16, 2009, report PRC-2009-33. In 2009, User Groups and staff agreed to a five-year plan with 3% annual increase. Both parties also agreed to an annual increase in lighting 2 R&C-2015-17 November 10, 2015 fees consistent with utility rate charged to the City of Niagara Falls. In 2014 the City collected approximately $45,000 (5.7% cost recovery) in playing field user fees and $1 ,618,114(55% cost recovery) in arena user fees. Two User Fee Task Forces were formed (1) Arena User Groups and (2) Playing Field Users to develop the proposed fee schedule. Recreation Committee members were also invited to participate at both task force meetings. The Arena User Fee Task Force participated in two meetings, May 19th and June 10th. The Playing Field User Fee Task Force held three meetings, May 28th, June 18th and October 22nd to discuss operating costs, other municipal rates and to determine feasible rate increases to implement for the next three years. The Recreation Committee received updates at their June 16th and October 20th meetings. At the October 20, 2015 Recreation Committee meeting, the committee approved a motion to support the implementation of the Recreation Three Year User Fees Schedule. At the user meetings, arena and playing field groups stressed the benefits of sport for youth and adults and the significant economic impact of hosting ice and playing field tournaments. Sport Tourism Program was approved April 4, 2011 , R&C-2011-09 to provide assistance in the provision of hospitality for visiting sports teams, officials and spectators attending a major sporting event being held in Niagara Falls to acknowledge the economic impact. A fund of $20,000 was established in the Recreation & Culture annual operating budget. ANALYSIS/RATIONALE At the present time, playing field operations are heavily subsidized by the local tax payer with arenas at a moderate level of subsidy. Due to the higher arena operating costs and a history of paying ice user fees, the arena groups were more comfortable with the user fee discussion. Playing field user fees were introduced in 2010 at a minor amount to slowly introduce the concept of charging for the use of athletic fields. City of Niagara Falls rates are significantly lower than other communities. See Attachment #2, Municipal User Fee Comparative Chart for arena and playing field rates. A short user fee survey was posted on the City's website for approximately a month to collect data from the community. The survey informed the public of the cost in maintaining recreation facilities to provide some background to respond to the questions. The public was asked what level recreation facilities and programs should be subsidized, if they participate in recreation activities and ages of their household. The majority of survey respondents support the current overall level of subsidy of 30 to 39% and support a higher level of subsidy for youth activities. Attachment #3 provides a summary of the Recreation & Parks User Fees Survey. 3 R&C-2015-17 November 10, 2015 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed fee increases for arenas will represent an annual average revenue increase of $48,000. Playing field user fees will represent an annual average revenue increase of $3,700. Direct costs to operate arenas in 2014 totaled $2,942,993. Direct costs are defined as labour, utilities, materials and maintenance contracts. Arena User Fee revenue totaled $1,618,114. Based on the 2014 figures, 55% of direct costs are partially offset by revenues, with 45% operating expenses funded primarily by property taxes. When reviewing other Ontario municipalities, it appears the average cost recovery for arenas is 74%. Majority of municipalities are working towards a full cost recovery for arenas, 100% for adults and 50 — 75% for youth. For basic youth recreation programming such as public swimming/skating municipalities are working towards a 25 to 50% cost recovery. Direct costs to maintain trails, parks and playing fields (419.93 hectares of greenspace and 16 km of trails) in 2014 totaled $1.92 million. Costs for playing fields maintenance was $788,043. User fee revenues excluding insurance and lighting costs in 2014 was $45,000. Based on 2014 expenses and revenues approximately 5.7% of direct costs are offset by revenues. Average municipal cost recovery for playing fields is 16%. CITY'S STRATEGIC COMMITMENT Financial Stability: We are committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sounds long-term choices that allow core City Programs and services to be sustainable now and into the future. Key Action: Review all user fees and fee-for-services to ensure appropriate recovery rates. ATTACHMENTS 1. Three Year User Fees Schedule 2. Municipal User Fees Comparative Chart 3. User Fees Survey Summary Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: 1±1#41-4 Ken Todd, Chief Administrative Officer ATTACHMENT #1 - Three Year User Fee Schedule DRAFT ATHLETIC FIELDS 2015 2016 2017 2018 Increase Multi-Purposes Artificial Turf Field $ Fee $ Fee $Fee $ Fee %or$amount Resident minor/youth sport organization $74.24 $74.74 $75.24 $75.74 $0.50 yearly Non-resident minor/youth sport organization $90.52 $91.52 $92.52 $93.52 $1.00 yearly Resident Adult not-for-profit, sport organization $106.10 $107.10 $108.10 $109.10 $1.00 yearly Non-resident Adult not-for-profit, sport organization $137.91 $138.91 $139.91 $140.91 $1.00 yearly Commercial, private clubs or for profit $169.72 $170.72 $171.72 $172.72 $1.00 yearly Education rate $58.34 $58.84 $59.34 $59.84 $0.50 yearly Playing Fields $ Fee $ Fee $ Fee $ Fee %or$amount Youth per participant, includes practices, games and $6.55 $7.05 $7.55 $8.05 $0.50 yearly tournaments Adult per team (new), includes practices and games (tournaments not included) $93.89 $150.00 $157.50 $165.38 5%yearly Track-exclusive use (Oakes Park)-per day $20.62 $21.12 $21.62 $22.12 $0.50 yearly Per Hour Options A Category Playing Field s , $Fee $ Fee $ Fee $ Fee %or$amount Resident youth $5.47 $5.97 $6.47 $6.97 $0.50 yearly Non-resident youth $13.12 $14.12 $15.12 $16.12 $1.00 yearly Resident adult $10.94 $11.94 $12.94 $13.94 $1.00 yearly Non-resident adult $32.76 $33.76 $34.76 $35.76 $1.00 yearly Commercial $43.70 $44.70 $45.70 $46.70 $1.00 yearly B Category Playing Fields $ Fee $ Fee $ Fee $ Fee %or$amount Resident youth $4.37 $4.87 $5.37 $5.87 $0.50 yearly Non-resident youth $10.94 $11.94 $12.94 $13.94 $1.00 yearly Resident adult $8.76 $9.76 $10.76 $11.76 $1.00 yearly Non-resident adult $21.88 $22.88 $23.88 $24.88 $1.00 yearly Commercial $32.76 $33.76 $34.76 $35.76 $1.00 yearly C Category Playing Fields $ Fee $ Fee $ Fee $ Fee %or$amount Resident youth N/A N/A N/A N/A Non-resident youth $4.92 $5.92 $6.92 $7.92 $1.00 yearly Resident adult $5.47 $6.47 $7.47 $8.47 $1.00 yearly Tournament Day Rate (day=10 hours/field) $ Fee $Fee $ Fee $ Fee %or$amount Resident youth $27.30 $28.67 $30.10 $31.60 5% yearly Non-resident youth $76.80 $80.64 $84.67 $88.91 5% yearly Resident adult $27.30 $30.03 $33.03 $36.34 10% yearly Non-resident adult $131.12 $144.23 $158.66 $174.52 10% yearly Commercial $262.24 $288.46 $317.31 $349.04 10% yearly Lighting $ Fee $ Fee $ Fee $ Fee %or$amount Lighting -one hour $17.23 $17.57 $17.93 $18.28 2%yearly Lighting -two hour $28.72 $29.29 $29.88 $30.48 2%yearly Lighting -per four hour block $57.43 _ $58.58 $59.75 $60.95 2% yearly Lighting (Youth per Evening) - $30.00 $30.00 $30.00 DRAFT Arenas Rate Current 2016-17 2017-18 2018-19 Increase Ice/Floor Rentals(Fall/Winter-effective Sept. 1,2015-April % $Fee $ Fee $Fee $Fee or$amount 30,2016) Adult Ice rental-prime time $200.40 $206.41 $212.60 $218.98 3% yearly Adult Ice rental-non-prime time $103.00 $106.09 $109.27 $112.55 3%yearly Youth Ice rental-prime time (resident) $133.45 $136.12 $138.84 $141.62 2% yearly Youth Ice rental-prime time (non-resident) $169.73 $178.22 $187.13 $196.48 5% yearly Youth Ice rental-non-prime time $85.18 $86.88 $88.62 $90.39 2% yearly Youth Tournament prime time (non-tenant) $153.81 $156.89 $160.02 $163.22 2% yearly Education Rate(all elementary schools) $51.50 $52.53 $53.58 $54.65 2% yearly Floor Rental-Adult $65.04 $66.99 $69.00 $71.07 3% yearly Floor Rental-Youth $61.95 $63.19 $64.45 $65.74 2% yearly Floor Rental-Non-resident $78.01 $79.57 $81.16 $82.78 2% yearly Rate Current 2016 2017 2018 Increase Ice/Floor Rentals(Spring/Summer-effective May. 1,2015- % Sept 1,2015) $Fee $Fee $Fee $Feeor$amount All Users-prime time $200.40 $204.41 $208.50 $212.67 2% yearly All Users-non-prime time $132.61 $135.26 $137.97 $140.73 2% yearly Tenant Groups-prime time $163.94 $167.22 $170.56 $173.97 2% yearly Tenant Groups-non-prime time $109.29 $111.48 $113.71 $115.98 2% yearly Youth Tournament(non-tenant)prime time $153.80 $156.88 $160.01 $163.21 2% yearly Education Rate (all schools) $53.05 $54.11 $55.19 $56.30 2% yearly Floor Rental-Adult $66.99 $69.00 $71.07 $73.20 3% yearly Floor Rental-Youth $63.80 $65.08 $66.38 $67.71 2%yearly Arenas $Fee $Fee $Fee $Fee %or$amount Weekday $2,667.34 $2,747.36 $2,829.78 $2,914.67 3% yearly Weekend $3,026.74 $3,117.54 $3,211.07 $3,307.40 3% yearly Community Groups(registered non-profit) Arenas $Fee $Fee $Fee $Fee %or$amount Ice In $2,461.29 $2,510.52 $2,560.73 $2,611.94 2% yearly Ice Out $1,299.60 $1,325.59 $1,352.10 $1,379.15 2% yearly Additional Services $Fee $Fee $Fee $Fee %or$amount Installation and removal of portable floor(per ice pad)** $3,000.00 $3,060.00 $3,121.20 $3,183.62 2% yearly Removal and re-installation of side glass** $2,800.00 $2,856.00 $2,913.12 $2,971.38 2% yearly Removal and re-installation of end glass (per end)** $3,000.00 $3,060.00 $3,121.20 $3,183.62 2% yearly Ushers/doormen $1,600.00 $1,632.00 $1,664.64 $1,697.93 2% yearly ATTACHMENT #2 - MLNICIPAL. USER FEES COMPARATIVE CHART *AII rates do NOT include tax** sec. el. Thorold (D) Thorold (W) secondary schools elementary schools Frank Doherty Arena James Whyte Arena REGULAR SEASON ICE RATES FOR ARENAS Adult Prime Adult Non -Prime Youth Prime Youth Non -Prime Non -Resident Jr. B Hockey Youth Taurn. Minor Sports Org'ns School Groups Fort Erie $ 169.16 $ 85.62 $ 121.11 $ 59.78 $ 180.66 $ 121.11 $ 121.11 No Charge ($59.78 for High School Games) Grimsby $ 234.51 $ 113.27 $ 159.30 $ 84 07 $ 84.07 $ 159.30 $ 159.30 $ 159.30 No Charge ($84.07 for High School Games) Lincoln Niagara Falls $ 169.03 $ 148.01 $ 169.03 $ 148.01 $ 135.00 $ 135.00 $ 194.54 $ 103.00 $ 133.45 $ 85.18 $ 169.72 $ 133.45 $ 153.82 $ 53.05 NOTL $ 149.56 $ 119.47 $ 163.72 $98.23 Prime $ 83.19 Pelham Port Colborne $ 184.96 $ 131.85 $ 131.85 $ 131.85 $ 131.85 2 free 2 hr slots $ 185.83 $ 132.06 $ 122.63 $ 75.46 $ 137.74 $ 122.63 $ 47.16 St. Catharines $ 176.02 $ 102.92 $ 148.01 $ 63.01 Meridian Ctr $ 221.24 $ 154.87 Thorold (W) $ 183.03 $ 88.50 $ 121.28 $ 132.30 $ 121.28 $ 26.19 Thorold (D) $ 190.72 $ 97.35 $ 121.28 $ 132.30 $ 121.28 $ 26.19 Wainfleet Welland West Lincoln $ 146.02 $ 123.89 $ 57 52 $ 92.04 $24.34(el)/$53.10(sec) $ 178.00 $ 97.90 $ 164.00 $ 142.00 $ 154.56 $ 105.00 $ 105.00 $ 60.75 $ 105.00 $ 51.90 *AII rates do NOT include tax** sec. el. Thorold (D) Thorold (W) secondary schools elementary schools Frank Doherty Arena James Whyte Arena 2015 Athletic Field Rates - Region Comparative Municipalities Municipality A Category Field (Per Hour) B Category Field (Per Hour) C Category Field Tournaments (per day/per field) Youth Per Participant Adult per team Lighting Youth Adult Non Res. Youth Non Res. Adult Youth Adult Non Res. Youth Non Res. Adult Youth Adult Non Res. Youth Youth Adult Non Res. Youth Non Res. Adult 1 hr 2 hr 4 hr Niagara Falls $5.47 $10.94 $13.12 $32.76 $4.37 $8.76 $10.94 $32.76 $5.47 $4.92 $27.30 $27.30 $76.80 $131.12 56.74 $93.89 $17.23 $28.72 $57.43 St Catharines $9.69 $29.03 $6.86 $27.04 Don't use $11,06 $38.01 A rate $11.73 **A Rates during Prime Time 6-llpm 7 dys/wk Non Prime Hours B rate on A fields No non resident fees $8.94 $29.03 B rate *hourly *hourly Welland $9.00 $19.00 $41.00 Port Colborne Baseball $10.90 $33.34 $7.00 $25.00 $14.80 Soccer(per gm) $7.00 $25.94 $7.00 $25.00 $14.80 Grimsby $38.50 $22.12 Negotiated based on time, group etc. $8.19 (< age 8) $716.81 Lights Lights Included No lights $14.60 (8-18) $600.00 No lights Fort Erie $4.48 $174.33 Niagara -On -The - Lake Baseball $12.39 $12.39 $20.35 $20.35 $134.51 $148.67 $17.70 Socccer $8.85 $13.27 $18.58 $18.58 $22.12 S:\Permits\2015 Field rates - regional 2015 Athletic Field Rates - Region Comparative Municipalities Municipality A Category Field (Per Hour) B Category Field (Per Hour) C Category Field Tournaments (per day/per field) Youth Per Participant Adult per team Lighting Youth Adult Non Res. Youth Non Res. Adult Youth Adult Non Res. Youth Non Res. Adult Youth Adult Non Res. Youth Youth Adult Non Res. Youth Non Res. Adult 1 hr 2 hr 4 hr Pelham Baseball $16.76 $23.46 513.41 $18.77 $10.05 $14.07 $134.08 $187.68 $10.21 Soccer $17.42 $22.44 $26.58 Thorold $0 00 $0 00 $143.00 $143.00 $660.00 Milton $9.03 $18.06 $6.20 $12.40 $4.65 $9.30 $15.32 Waterloo 71.4 $50.48 $34.62 $15.00 Oakville $11.50 $32.50 514.00 $60.50 $8.50 $27.50 $10.50 $47.50 $5.25 $18.00 $6.00 $44.00 per 2 hours per 2 hours per 2 hours *listed as hydro Burlington $11.81 $22.21 $7.72 $14.39 Baseball Only Newmarket $20.57 $36.64 $40.99 $16.45 $30.88 $36.88 lighting included Sarnia $67.00; $87.00 lit $25.00 $19.00 $250.00 *25% reduction for council approved youth groups S:\Permits\2015 Field rates - regional Attachment #3 Recreation and Parks User Fees Survey Summary • Completed May 20 — June 15 2015 • Received 41 completed surveys Survey Question Response (Q1) Keeping in mind that in 2014, 37% of the operating costs to deliver recreation facility, parks/field operation, maintenance and recreation programs were funded through property taxes, what proportion of these costs do you feel should be subsidized from property taxes in the future? Majority of responses support 30 — 39%, current level. (Q2) Are there certain facility spaces that are made available for community use that you feel should be funded to a greater extent from property taxes than other facilities (check all that apply). Top three responses: pools (18); rinks (15) and ball diamonds (14) (Q3) Please specify if there are certain types of recreation programs that you feel should be funded to a greater extent from property taxes than other programs (check all that apply): Top three types of recreation programs: public skating (19); public swimming (18); swimming lessons (12) (Q4) Please specify if there are certain age groups for recreation programs that you feel should be funded to a greater extent from property taxes than other programs (check all that apply): Top three age groups: preschool, 0-6 years (26);children, 7 — 12 years (24); youth, 13 - 17 years (18) (Q5) Please tell us a bit about yourself by checking all that apply: I am a Niagara Falls resident I am not a resident of Niagara Falls, but utilize the services being discussed in this survey None of the above Majority (39) Niagara Falls residents (Q6) What are the ages of the members in your household? Majority two adult household, children 0-17 years. (Q7) Which programs offered by community groups/organization/businesses that take place in the City of Niagara Falls indoor or outdoor facilities have you or household members participated in over the past 24 months? Please keep the responses for each person (Person 1, Person 2 etc.) the same as the previous questions (check all that apply): Majority participate in programs (23). Top three programs: hockey, soccer and swimming. F-2015-42 Nlagaraalls November 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-42 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2015. Adjustments totalling $475,801 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2015 General Purposes Budget, an allowance has been established for these expenditures. At this time the allowance provided in the General Purposes Budget is adequate to account for the City's proportionate share of approximately $166,530. BACKGROUND This report is the second report this year in relation to s.357 and s.358 reductions. ANALYSIS/RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or 2 F-2015-42 November 10, 2015 removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2015 General Purposes Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff is recommending receive adjustments due to successful appeals. An amount of $475,801 in adjustments is listed. The City's approximate portion is $166,530 and has been accounted for in the 2015 General Purposes Budget. The balance of approximately $309,271 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: hit, Todd Harrison, Director of Finance Respectfully submitted: I'L--4.-4411-A) Ken To , Chief Administrative Officer A. Felicetti APPLICATION FOR CANCELLATION,REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357(1)(a),(b),(c),(d),(e),and(g)of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation.reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. li Appl.# 1 Name and Address of Applicant 'Taxation Reason for Application ----' Reductions Year Amount J 2015-'b IFlecorek.Barbara.4532 Zimmerman Ave.Niagara Falls,ON L2E 3M4 - _ 2015 !Ceased to be liable to be taxed at rate it was taxed _ __ 072 1 12014-126A !along,Joseph&Mary.5081 Ontario Ave.Niagara Falls.ON L2E 3R7 2012 Damaged by fire.demolition or otherwise _ $f 55 2014-'26E 1Cheng,Joseph&Mary.5081 Ontario Ave,Niagara Falls,ON L2E 3R7 2013 Damaged by fire.demolition or otherwise _ se., r I1 -'26 .Chang.Joseph&Mary.5081 Ontario Ave.Niagara Falls,ON L2E 3R7 2014 Damaged by fire.demolition or otherwise 5220.2 2016-03 iLegacy Restoration and Property Maintenance.2214 Gainer St.Allanburg.ON LOS 1 AO 2014 Ceased to be liable to be laxed at rate It was taxed _ 550 67 I 2 14-109 '03-1446 Ontario Inc.333 Pinegrove Rd.Oakville,ON L6K 3P8 2014 Gross or manifest clerical error 5,40 , I 2 J14-104 o.ZitanNicola&Claudia,6459 Calaguiro Dr,Niagara Falls.ON L2J 4L5 2014 Damaged by fire,demolition or otherwise $L.0111 15-20 Mofid&Associates Inc,3937 Rolling Acres Dr,Niagara Falls,ON L2J 3C3 2015 Ceased to be liable to be taxed at rate it was taxed $1, 98.54_ lvC 5-200 jtvlofid&Assuciales is 3937 Rolling Acres Dr,Niagara Falls,ON L2J 3C3 2013 Ceased to be liable to be taxed at rate t was taxed $ 4.55 12015-20B IMofid&Associates Inc.3937 Rolling Acres Dr,Niagara Falls,ON L2J 303 2014 Ceased to be liable to be taxed at rate it was taxed $1 70777i 12014-106A jRomeo,Antonino&Levi,Jennifer,5331 McGrail Ave,Niagara Falls,ON L2G 3R2 2012 Ceased to be liable to be taxed at rate it was taxed $1,463 24 2014-106B jRomeo,Antonino X Leal.Jennifer,5331 McGrail Ave,Niagara Falls,ON L2G 3R2 2013 Ceased to be liable to be taxed at rate it was taxed _ - 5863 35 0 .2014-106 !Romeo,Antonino&Leal,Jennifer,5331 McGrail Ave,Niagara Falls.ON L2G 3R2 ___ _ 2014 Ceased to be liable to be taxed at rate it was taxed __ S84 7P 11 15-08 11006092 Organ.)Limited.5685 Falls Ave,Niagara Falls,ON L2G 3K6 2015 Damaged by fire.demolition or othensise 50.CU i1 itipt 5-09 11338374 Ontario Limited,1785 St.Paul Ave,Niagara Falls,ON L2E 6S4 +2015 Damaged by fire.demolition or otherwise _ S c T11 .793 1'338374 Ontario Limited.1785 St.Paul Ave.Niagara Falls ON 52E 6S4 _ { 2014 Damaged by fire demolition or otherwise _T 5660 C 1 4-11 e 12328946 Ontario Inc.5528 Buchanan Ave,Niagara Falls,ON L2G 3T8 2014 Damaged by fire.demolition or otherwise (refunded May 6,2015) $2,305 39 "2011-1i 11784595 Or.ai s Ins,6787 Sunrise Crt,Niagara Falls,ON L2O 7V2 2015 Damaged by fire.demolition or otherwise 1 $u 00 2014-112 ]Montrose Realty Denial Lab,3969 Montrose Rd,Niagara Falls,ON L2H 3A1 2014 Damaged by fire,demolition or otherwise $83.71 1 2013-60 Riocan Holdings Inc,do Riocan Management Inc,700 Lawrence Ave W,Suite 315.Toronto,ON M6A 384 2013 Damaged by fire,demolition or otherwise $57,125.•151 12014-10 (Riocan Holdings Inc,c/o Riocan Management Inc,700 Lawrence Ave W,Suite 315.Toronto,ON MSA 384 2014 Damaged by fire,demolition or otherwise 5179,553.35 ll 2010-32 iChinmaya Mission Niagara,5725 Victoria Ave,Niagara Falls,ON L2G 3L5 2010 Became Exempt _ $15,220.50 ' 1011-7 IChinmaya Mission Niagara,5725 Victoria Ave,Niagara Falls,ON L2G 3L5 2011 Became Exempt _ 514,756.41 2215-il2A ;Chinmaya Mission Niagara,5725 Victoria Ave.Niagara Falls,ON L2G 3L5 2012 Became Exempt t $ 4.541.99 ♦2015-02 iChinmaya Mission Niagara,5725 Victoria Ave,Niagara Falls,ON L2G 3L5 1 2013 Became Exempt - $14,889.98 1' 2015-26A 0788713 Ontario Ltd.15 Hillcrest Ave,St Catharines,On L2R 4X9 ` 2013 Damaged by fire.demolition or otherwise l $7 688 65 4015-26B :1788713 Ontario Ltd.15 Hillcrest Ave,St Catharines,On L2R 4X9 ) 2014 Damaged by fire-demolition or otherwise 57.574.64,1 5-25788713 Ontario Ltd.15 Hillcrest Ave,St Catharines On L2R 4X9 2015 Damaged by fire demolition or otherwise 57 827 25 GFalls ns 14-114 A 3oulus Drugs Ltd.5547 Portage Rd.Unita Niagara Falls,ON L2G 5Y2 2014 Gross or manifest clerical error 51 ' 2015-130 3ulla.Giuseppe& Ida S"n7 Ron neon SiRt Niagara ON 1 7(`JAR 20?t Repairs/renovations preventing normal use for a period of 3 months + _ $u .i/I .: 5-1.3 Gulla,Gu s eppe&G:Ida.5592 Robinson St.Nta cara Falls,ON L2G 2A8 2C15 Repalrs'renovations preventin normal use fora period of 3 nontns I xu n0 1d C 5-28 J.by Inc 3734 Cardinal Dr,Niagara Falls,ON LL2FI 2W2 __ 20 5 Ua na5 4 by fire,demolition politi nor otherwise —Ih al 1Ii_ ,-I5 12100422 O t o I.united 6700 Fallsview Blvd Nia aria Falls,ON L2G 3W6 201 Re airs/renovations eventing normal use for period of i:months _ 5 Ci1 7 C ,-01Niagara Regional Housing,PO Box 344.Stn Main,Thorold,ON L2V 3Z3 2014 Ceased to be liable to be taxed at rate i1 was taxed $50.651 2'1 --- --. - _ III ,2019-01B Niagara Regional Housing,PO Bax 344 Stn Main,Thorold,ON L2V 3Z3 2013 Ceased to be liable to be taxed at rale d was taxed 1 $47,981 /1 1 l2015-37 343406 Ontario Inc.7 Empress Cr.St Catharines,ON L2N 307 2015 Damaged by fire,demolition or otherwise 1 $6,004 41 ii 1;2015-45 'McLean.Craig 3 Laurie,14480 Morris Rd,Welland.ON L38 5N7 2015 Ceased to be liable to oe taxed at rate It was taxed 53 91 88 1i 120'5-1.1 1The Corporator of The City of Niagara Fats P.O.Box 1023,4310 Queen St.Niagara Falls,ON L2E 6X5 2015 Became Exempt —$29 4t ,6 1i 12011-1,6 Sacco Frederick Andrew,tato City of Niagara Falls,PO Box 1023,Niagara Falls,ON L2E 6X5 2014 Damaged by fire.demolition or otherwise 1 S C 4015 1ortec Canada Inc.9061 Garner Rd,Niagara Falls,ON L2E 6S5 _ I 2014 4`Damaged by fire.demolition or otherwise _ $5.606 23 i11 __ TOTAL, $475,801351 -Approved lois 'get day of November 2015 Report Nu_ F-2015-42_A7ES id.DIODA`I MAYOR DEAN IORFIDA,CITY CLERK :Any,ndrvleval items rot unproved must he strove out and initialed.] MW-2015-35 November 10, 2015 Niagarajalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2015-35 Chippawa Boat Ramp Improvements Phase 2 Contract Award 2015-379-15 RECOMMENDATION 1. That the tender for the Chippawa Boat Ramp Improvement Project (Phase 2) be awarded to Rankin Construction Inc. in the amount of $178,304.00 (excl. HST). 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The first phase of the Chippawa Boat Ramp Park project was completed earlier this year. Phase 2 includes include the relocation of the existing parking lot driveway, expansion of the existing parking lot, the addition of accessible pathways, drainage improvements and related landscaping. This is part of a multi-phased project that was initiated by the Chippawa Public Docks Committee. The purpose of this report is to seek Council's approval to award the project the low bidder, Rankin Construction Inc. The contract value is within the approved 2015 Capital Budget. BACKGROUND The Chippawa Boat Ramp Park is located at 4379 Lyons Creek Road (see attachment #1). This park provides residents and visitors to Niagara Falls with public access to the Welland River for the purposes of pleasure craft boating and recreational enjoyment of the waterfront. In addition this location provides an important function to emergency services for the launching of their vessels. 2 MW-2015-35 November 10, 2015 Building upon the success experienced in the development of the Front Street Public Dock, the Chippawa Public Docks Committee approached the City in 2013 with ideas to improve the Chippawa Boat Ramp Park. Through discussions with City staff, a conceptual plan for improvements was developed. These improvements focused on: • Enhancing the service capacity of the boat ramp and associated parking lot to better meet the peak summer time demands of local residents and tourists. This was accomplished by proposing larger docks, ramp enhancements, site lighting, expanding the parking lot and relocating the driveway to align with the intersection of Lyons Creek Parkway and Nassau Avenue. • Providing a greater community amenity for boaters and non-boaters alike. This was accomplished by proposing a small children's play area, seating areas, picnic areas, washroom facilities, and accessible walkways. In addition the conceptual plan also contemplates sidewalk and crosswalk improvements along Lyons Creek Parkway and Main Street. • Ensuring the sustainability of the existing and proposed facilities through shoreline and ramp erosion protection improvements. These erosions protection measures are a balance of hard (retaining walls and stone) and soft (landscape planting) measures. This insures that needs of the public users and natural environment are addressed. To assist in getting public input into the proposed concept plan, the Chippawa Public Docks Committee hosted a public open house on November 26, 2013. City staff was in attendance. At this open house the general public had an opportunity to discuss the proposed concept plan for Chippawa Boat Ramp Park and provide comments. The open house was a success and good feed-back was received. From this feedback additional revisions were made to the proposed concept plan. To implement the planned improvements to the Chippawa Boat Ramp Park, a phasing strategy was developed (refer to attachment#2); • Phase 1 a - Shoreline and erosion protection improvements. • Phase 1 b - Dock expansions. • Phase 2 - Parking lot, driveway and landscape improvements. • Phase 3 - Washroom building development. • Phase 4 - Roadway sidewalk and cross-walk improvements. The City of Niagara Falls Municipal Works staff has overseen the completion Phase 1 in the Spring 2015. 3 MW-2015-35 November 10, 2015 During the boating season the Chippawa Boat Ramp Park parking lot fills to capacity on the weekends. To help alleviate this issue an expansion of the parking lot and relocation of the driveway is needed. The current plans identify an additional 8 truck and trailer parking stalls along with 13 single vehicle spaces. This expanded parking lot will allow the driveway to be aligned with Nassau Avenue on Lyons Creek Road. In addition to the parking lot works, accessible pathways, drainage improvements, and related landscaping are needed. ANALYSIS/RATIONALE Work will include site grading, asphalt paving, concrete pavement, and site topsoil placement, turf seeding, signage installation and tree relocation/planting. A tender call was issued for the project on September 22, 2015 with the closing on October 6, 2015. 3 bidders responded to the call. Contractor City Tender Price Corrected Bid Rankin Construction Inc. St. Catharines $178,304.00 Stevensville Lawn Service Stevensville $196,779.70 $197,279.70 Norjohn Contracting & Niagara Falls $197,558.00 Paving Ltd. Staff completed a thorough review of each bid and found the bid submitted by Rankin Construction Inc. for the amount of$178,304.00 (excluding HST) was the lowest bid and met all necessary requirements. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Niagara Falls City Council approved funding of $291,000 to support the Chippawa Boat Ramp Park Improvements Phase 2 in the 2015 Capital Budget. No additional funding requirement is expected. This tender represents one part of the overall project and further expenditures will be made that include; • Consultant services $5,000 • Concrete sidewalk connections to Main Street $9,000 • Parking lot line painting $3,000 • Site furniture/amenity purchases $12,000 • Site signage improvements $8,000 4 MW-2015-35 November 10, 2015 CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. Location Map 2. Phasing Plan {i Recommended by: 1, u Geoff Holman, Director of Municipal Works ,2_4,...,„)(14,."9- Respectfully - Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen ATTACHMENT #1 LOCATION MAP CHIPPAWA BOAT RAMP PARK LOCATION MAP Location Map 4300 8022 4152s 4489 8038 4,3c 43.14 1'2353 41C Q 6Fti 4118 4145 c7 4130 Pi, 4136 43") 4142 40t 4148 4093 4113 CHIPPAWA BOAT RAMP *ARK 8652 4123 S 0O 4143 . Q 9. 4149 \, 4 4210 -p4 8668 41 (., WELLAND t' 0,0_ 412620 -fid 8718 8729 Fq t 4248 8732 8731 4270 8746 8765 64.. x 4286Wo 8760 8759 z 0 87784 782 0 8772 8771 310 29SS, 87% p 8786 8785 4326 i37t39 8798 8798 8797 < 4379 4336 .!:- 8812 8806 v ti R805 8811 8814 / r 4358 .126 i1 -G•:••r ?73 42Ct12` 4` B$i i 8699 8132 i ` 404 \iakarapt 114366 4,71 8830 U1lELLLNG 4108 June 2014 Sub jest Land' ) ATTACHMENT #2 1 PHASING PLAN CHIPPAWA BOAT RAMP PARK IMPROVEMENTS WELLAND RIVER PHASE 1gB PHASE 2 ASE 1A ‘,..1' ,, 11. _ yE 3-:1 l / _I 61„, % 1 I PHASE 4 MAIN STRfiET PHASE 2 J PHASE -4-"'_.._.._.._.._.._,. LYONS CREEK ROAD / IPHASE 2 f// O 1 Of LEGEND PHASE 1A- SHORELINE AND EROSION PROTECTION IMPROVEMENTS PHASE 1B - DOCK EXPANSIONS --- PHASE 2 - PARKING LOT, DRIVEWAY AND LANDSCAPE IMPROVEMENTS -•-•- PHASE 3 - WASHROOM BUILDING DEVELOPMENT PHASE 4 - ROADWAY SIDEWALK AND CROSS -WALK IMPROVEMENTS TS-2015-29 Niagaraaalls November 10, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2015-29 Subdivision Agreements Update to Parking and Traffic By-law 89-2000 RECOMMENDATION That the regulatory signs outlined in this report be approved for the third phase of the Warren Woods Subdivision and the second phase (second stage) of the Chippawa West Subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the recommended traffic controls in new subdivisions. BACKGROUND Approval has been granted for the third phase of the Warren Woods Subdivision and the second phase (second stage) of the Chippawa West Subdivision. The street system within each subdivision has been constructed. Conditions have been imposed through the subdivision agreement for the installation of stop signs, yield signs, and parking prohibited signs. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed at the following intersections facing traffic: 1. Westbound on Cinnamon Crescent at Tallgrass Avenue; 2. Eastbound on Cinnamon Crescent at Emerald Avenue; 3. Westbound on Cinnamon Crescent at Emerald Avenue; 2 TS-2015-29 November 10, 2015 4. Eastbound on Cinnamon Crescent at White Oak Avenue; 5. Southbound on Chestnut Crescent (West) at Brown Road; 6. Southbound on Juneberry Drive at Brown Road; 7. Southbound on Sweet Birch Road at Brown Road ; 8. Southbound on Butternut Boulevard at Brown Road; 9. Southbound on Hoptree Road at Brown Road; 10. Southbound on Chestnut Crescent (East) at Brown Road ; 11. Northbound on Juneberry Drive at Chestnut Crescent; 12. Northbound on Sweet Birch Road at Chestnut Crescent; 13. Northbound on Hoptree Road at Chestnut Crescent; and, 14. Southbound on Sycamore Drive at Sassafras Trail. Yield Signs That a yield sign be installed at the following traffic circles facing traffic: 1. Northbound on Butternut Boulevard at Chestnut Crescent; 2. Southbound on Butternut Boulevard at Chestnut Crescent; 3. Eastbound on Chestnut Crescent at Butternut Boulevard; 4. Westbound on Chestnut Crescent at Butternut Boulevard; 5. Northbound on Butternut Boulevard at Black Maple Drive/Sassafras Trail; 6. Southbound on Butternut Boulevard at Black Maple Drive/Sassafras Trail; 7. Eastbound on Sassafras Trail at Butternut Boulevard; and, 8. Westbound on Black Maple Drive at Butternut Boulevard. Parking Prohibitions 1. That a "no parking" restriction is installed on both sides of the temporary 6.0 metre wide emergency access route in the Warren Woods subdivision. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour to install the signs have been incorporated into the subdivision agreements and have been paid in full by the developers. 3 TS-2015-29 November 10, 2015 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: ) L14/144 Ken Todd, Chief Administrative Officer MC _ ..,r.0"".1 Mailing Address: Phone: 905-682-9201 P.O. Box 344 Toll Free: 1-800-232-3292 'a *p l'S ,,k_ t" Thorold ON L2V 3Z3 (from Grimsby and beyond Niagara region only) ,) 4 v . Street Address: Main Fax: 905-687-4844 '4.. iz' 241 ,:t.J ' ' = Campbell East Fax—Applications: 905-935-0476 Niagara RegionalInuslln 2201 St. David's Road Fax—Contractors: 905-682-8301 Housing Thorold ON Web site:www.nrh.ca September 15, 2015 Mayor Diodati and Members of Council City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: As you are aware, affordable housing is critical to the development of healthy individuals and, through them, healthy communities. Without the stability of a home, it is almost impossible for children to be successful students, adults to find and maintain employment and seniors to age as independently as possible. The Provincial Poverty Reduction and Long-Term Affordable Housing Strategies have recognized the value of affordable housing and encourage local solutions to address deficiencies in affordable housing across Ontario. To that end, the NRH Board of Directors would like to update the Niagara Falls city Councillors on Affordable Housing in Niagara through a delegation to Council at your convenience. Please contact Virginia Amato at 905-682-9201x3930 or virginia.amato@niagararegion.ca. Sincerely, T l \ } - , ;-- /-. \ .. • ----- , `\, Shirley Cordiner i ;.,,k4 %, Chair, Board of Directors , t, :;., . sem# `' /a Dean lorfida From: Kathy Moldenhauer Sent: Monday, October 26, 2015 1:48 PM To: Dean Iorfida Cc: Todd Harrison; Ken Todd; Geoff Holman Subject: Niagara Falls Liions cheque presentation Hi Dean The Niagara Falls Lions have requested a deputation at the Tuesday, November 10`h Council Meeting for a cheque presentation for the new section of the Millennium Trail. Lions contact information is below: Don Wallace, president Wayne Scott, club secretary Thank you Kathy Moldenhauer Director of Recreation & Culture Department MacBain Community Centre 7150 Montrose Road, Unit#1 Niagara Falls, ON L2H 3N3 905-356-7521 ext 3348 kmoldenhauer'@niac ar3falls.ca ,w niagarafa!ls.c 1 n 0 3 3 c z n a 0 z Dean Iorfida From: Carey Campbell • Sent: Friday, October 30, 2015 9:01 AM To: 'Chris Yaccato' Cc: Teresa Fabbro; Dean Iorfida Subject: RE: Hello Chris: Thank you for your email regarding November Lung Month Proclamation. Apologies for the delay in replying to you. I am including our City Clerk, Dean lorfida and Teresa Fabbro in his office and I trust that they will bring this request forward to Council at the first opportunity in November. Many thanks, carey Executke Officer Office of the Mayor and CAO City of Niagara Falls 905 356 7521 x 4206 ccampbell(aniagarafalls.ca See more of Mayor Jim at Yan alia From: Chris Yaccato [mailto:] Sent: Wednesday, October 07, 2015 3:28 PM To: Jim Diodati Subject: Wednesday, October 07, 2015 Re: Proclaiming November Lung Month. Dear Mayor Jeanne Charlebois: 1 I am writing to invite you to join the Mayors and Reeves of municipalities and towns throughout Ontario who are supporting lung health in their communities by issuing a proclamation declaring November Lung Month in their cities and towns. Last year we had over 60 proclamations and are hoping this year to double that number. More than 2.4 million people in Ontario —that is one in five people in Town of Hawkesbury— lives with a chronic lung disease such as asthma, chronic obstructive pulmonary disease or lung cancer, and many more are at risk. In November, the Ontario Lung Association and our partners will engage in a series of information and outreach initiatives designed to inform and educate all Ontarians about how to protect and care for their lungs. We hope that you will demonstrate your support for the lung health of all your citizens by signing the attached proclamation declaring November as Lung Month for entry into the official record. Because when you can't breathe, nothing else matters.TM Sincerely, George Habib President and CEO, On!aric _u-g Assc :at;on 401-18 Wynford Drive I Toronto, ON M3C OK8 cina"ic_, on lung ca I Tel: 416-864-9911, ext. 237 LUNG MONTH WHEREAS, in the Town of Hawkesbury and throughout Ontario, one in five residents lives with lung disease; and WHEREAS, lung disease is one of the most prevalent, deadly and costly chronic diseases; and WHEREAS, the Town of Hawkesbury supports all measures designed to advance and protect the health of its citizens and of Ontarians; and WHEREAS, to increase awareness of lung health issues and to inform Ontarians about the importance of their lung health, the Ontario Lung Association has designated the month of November Lung Month, NOW, THEREFORE, I Mayor, Jim Diodati, of the City of Niagara Falls, DO HEREBY PROCLAIM November, 2015 as "LUNG MONTH" 2 Dean Iorfida From: Nancy Benedict <nbenedict@fxworxinc.com> Sent: Friday, October 30, 2015 11:00 AM To: Dean Iorfida Cc: Angela Alberga; Mark Rice Subject: Skylon NYE Fireworks Good morning Dean, I hope you have had a great year. It is time once again to plan our NYE fireworks. I respectfully request that our application for fireworks atop the Skylon Tower. New Years Eve. be put forward to the City Council at their next meeting for their approval. You should recieve the certificate of insurance in an email to follow. Please contact me should you need additional information or you did not receive the certificate. Thank you in advance. Cheers. Nancy Benedict V[STA A Division Of Fx Worx Inc. (905) 304-1348 V: 905-304-1348 Cel: 289-439-PYRO (7976) orxinc.com Lac book:oorn:Fx iv orx The information in this e-mail is intended solely for the addressee(s) named, and is confidential. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e-mail to the sender and delete or destroy all copies of this message. Dean Iorfida From: Brian Kon <kon@sterlingfrazer.com> Sent: Tuesday, October 27, 2015 10:49 PM To: Dean Iorfida Subject: flag at City Hall Attachments: image001.png Hi Dean, I have attached a request to have the Metis flag flown at City Hall (or the MacBain Centre) during the week of November 16th in celebration of Louis Riel Day. Please let me know if this request can be met and where I should bring the flag. Brian <><><><><><><> Brian Kon, President Sterling Frazer Associates T: 905-704-9806 (Direct Line) W: www.sterlingfrazer.com W: www.AODAadvocate.com Follow us on Twitter& Facebook SFA Sterling Frazer Associates We help organizations meet their legal requirements of the Accessibility for Ontarians with Disabilities Act(AODA 2005) and the Ontario Human Rights Code through training, policy development and by performing accessibility audits on the built environment. If you are not the intended recipient of this correspondence or if it was sent to you in error, please contact the sender immediately and remove from your files. 1 November 2, 2015 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Mr. Iorfida, Re: Report—Office of the Ontario Ombudsman I have completed my investigation into whether council for the City of Niagara Falls held an informal closed meeting to consider the council prayer on April 28. 2015. My final report is enclosed. The City of Niagara Falls should make my report available to the public no later than the date of its next council meeting. I will also be posting a copy of the report on my website at www.ombudsman.on.ca. Yours truly, i Barbara Finlay Acting Ombudsman of Ontario () ) r ) tit Ombudsman Report Investigation into whether Council for the City of Niagara Falls held an illegal closed meeting on April 28, 2015 Barbara Finlay Acting Ombudsman of Ontario November 2015 Complaints 1 On April 30, 2015, our Office received a complaint that council for the City of Niagara Falls met illegally in closed session on April 28, 2015, to consider whether to continue opening public council meetings with prayers. Ombudsman jurisdiction 2 Under the Municipal Act, 2001, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 3 As of January 1, 2008, the Act gives citizens the right to request an investigation into whether a municipality has properly closed a meeting to the public. Municipalities may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. 4 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 5 In investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipal procedure by-law have been observed. Investigative process 6 Members of the Ombudsman's Open Meeting Law Enforcement Team(OMLET) reviewed relevant portions of the city's procedure by-law and the Act, as well as relevant documentation relating to the complaints. They also spoke with the Clerk and conducted interviews with the Mayor, all councillors and the Chief Administrative Officer(CAO). 7 My Office received full co-operation in this matter. Council procedure 8 The City of Niagara Falls' procedure by-law (89-155, as amended) states that regular council meetings are held at 6:00 p.m. on the dates set out in a schedule to the by-law, unless otherwise provided by special resolution of council. Notice of special meetings is to he provided to each member of council at least 48 hours in advance of the meeting, with a list of all items to be dealt with at the special 2 City of Niagara Falls November 2015 meeting. The by-law does not refer to opening regular council meetings with prayers. 9 According to the city's website,' council meetings are held on Tuesday nights and start at 5:00 p.m. The website states that Council may have a Closed Meeting preceding the Council meeting, between 4 and 5:00 p.m., in compliance with s. 239(2) of the Municipal Act. More information on closed meetings can be found on our Closed Meetings of Council page. Resolutions to go into a Closed Meeting are viewable through the Agenda's [sic] & Minutes link. 10 A calendar of meetings for the year is provided on the site, with a notice that the schedule is subject to change. The website states that council agendas are made available on the city's website by the Thursday prior to the meeting. 11 The city's procedure by-law does not appear to have been updated to incorporate the recommendations made in this Office's February 2015 reports. These recommendations included that the procedure by-law be amended to explicitly provide for notice to the public and posting of agendas of regular and special meetings, and to reflect council's practice of meeting at 5:00 p.m. as opposed to 6:00 p.m.2 The Ombudsman's recommendation to council to record its open and closed meetings was adopted by council resolution in May 2015. Background: The Supreme Court decision 12 In an April 15, 2015 decision, the Supreme Court of Canada affirmed a decision of the Quebec Human Rights Tribunal under Quebec's Charter of Human Rights and Freedoms.3 The Tribunal had found that the City of Saguenay had breached its duty of neutrality and infringed on an individual's freedom of conscience through its practice of opening meetings with a prayer, as provided for in a by-law. hit) 2 Ombudsman of Ontario,Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October R, 2013(February 2015), online: --zhttps:../www.ombudsman.on.ca:Resources„Reports Cit -of-Niagara-Falls-°o22 o29.aspx -:Ombudsman of Ontario, Park Protest: Investigation into whether Council for the City of,Viagara Falls held illegal closed meetings between July 2011 and August 2013 with respect to :Llarineland(February 2015),online: https: www.ombudsman.on.ca,Resources.Reports,City-of-Niagara-Falls----Park-Protest-.aspx . Mourement!clique quebecois v. Saguenay Wiry). 2015 SCC 16. 3 Citta of Niagara Falls !November 2015 13 On April 16, 2015, the Association of Municipalities of Ontario issued a background document about this decision to its members. It noted the following: The court in this case recognized that there are many Canadian traditions that are rooted in religion, particularly Christianity. However, they cannot be used in a way that discriminates against others, including atheists and non-theists. While the court made its decision on the basis of the specific facts in Saguenay, the implication is that reciting a prayer in a municipal council chamber will generally breach the duty of neutrality. Municipal governments in Ontario may wish to review their own council meeting practices in light of this decision. Some municipalities have initiated a review of whether their prayer reflects the principles of this decision and the test of neutrality (for both theists and non-theists). Some councils have a moment of silence and self-reflection 14 The City of Niagara Falls complaint arose in the context of the actions taken by the city in response to the Supreme Court of Canada decision. The April 28, 2015 meeting The agenda 15 The agenda of the April 28, 2015 meeting indicated there would be an in camera session at 4:30 p.m. under the "advice that is subject to solicitor-client privilege" and"potential litigation" exceptions to the open meeting requirements. This was to be followed by a regular meeting of council at 5:00 p.m. 16 The agenda of the 5:00 p.m. regular meeting of-council had as its first item "Memo from Clerk". This memo, appended to the agenda, and posted publicly on the Thursday preceding the meeting, directly addressed the prayer matter: As Council is undoubtedly aware there was a recent Supreme Court decision (synopsis attached) regarding prayer at municipal council meetings. 4 Association of Municipalities of Ontario."Supreme Court of Canada Decision on Prayer before Council Meetin s"(16 April 2015),online: 'https:i'www.amo.on.ca-SMO-Content'Policy-Updatesi201 S-Prayer- before-Council-Meetings.aspx>. 4 Citti' of Niagara. Fulls November 2015 Staff will continue to review the matter and approaches in other municipalities but would recommend that Council cease with the recitation of the Lord's Prayer at this time. 17 OMLET staff were informed that, prior to the Supreme Court's decision, as a matter of custom, council for the City of Niagara Falls opened its meetings with one of the council members reciting a prayer or reading. This responsibility rotated amongst the council members. Most councillors opened the meeting with the Lord's Prayer; however, some members of council chose to recite other readings or prayers. 18 When asked about the Clerk's memo, the CAO stated that it was more of a"heads up" and that there was no opinion or staff report about it at the time. Closed meeting 19 The resolution to go into closed session on April 28, 2015 cited the "advice that is subject to solicitor-client privilege" and "potential litigation" exceptions to the open meeting requirements in order to discuss matters related to Ontario Municipal Board hearings. There was no item related to prayer in the closed session resolution. 20 The minutes of the closed session note that it began at 4:30 p.m. and that all members of council were present. The minutes show that matters relating to Ontario Municipal Board hearings were discussed, and that one item was sent for ratification in open session and another referred to staff. The closed session adjourned at 4:50 p.m. There is no record of a discussion having taken place during the closed session with respect to prayer. 21 When asked whether or not council members had discussed the prayer in closed session, the Clerk explained that the closed session was only for the litigation matters. Between the closed and open meetings 22 Interviews with the Mayor and councillors confirm that there was a brief discussion about the council prayer between the closed session and the regular meeting of council on April 28, 2015. Accounts of the discussion were consistent, although one councillor, Mike Strange, had no recollection of the conversation. 23 According to the eight council members who recalled what happened on April 28, as they were leaving the closed session and preparing to attend the regular meeting of council, Mayor Jim Diodati asked, "What are we doing about the prayer?" 5 City of Niagara Falls November 2015 24 According to the Mayor, he typically posed this question before each open session of council, as council members gathered in the antechamber between the closed meeting room and the council chamber, in order to identify who would be reciting the prayer or reading. Once a councillor was selected, council members would enter the chamber and the meeting would begin with the prayer or reading. 25 That evening, the Mayor's question prompted Councillors Joyce Morocco and Carolynn loannoni to state their opinions about prayer in council and the recent Supreme Court of Canada decision. The Mayor then asked if Councillor Victor Pietrangelo would do the reading he always led with, as it was "innocuous." Councillor Pietrangelo agreed to do so. 26 Councillors Wayne Thomson, Wayne Campbell, Kim Craitor and Vince Kerrio did not participate in this discussion. 27 Those who recalled the conversation characterized it as casual banter as they walked out into the council chamber. Open meeting 28 Once council had entered chambers for the regular meeting, Councillor Pietrangelo opened the meeting with his reading. 29 The minutes make no mention of the memo from the Clerk or of any discussion of council prayer. 30 When asked why the memo was not discussed at the council meeting, the Mayor explained that council had started the same way for many years and he wanted to wait for more information, so he asked Councillor Pietrangelo to go ahead with his regular reading. Media coverage 31 Although not specifically discussed at council during its April 28, 2015 meeting, there was media coverage in Niagara Falls with respect to the council prayer. The two excerpts below relate directly to the issue in the complaint: April 24, 2015 (Niagara Falls Review): "Niagara Falls Mayor Jim Diodati said he believes council will support staffs recommendation Tuesday, so that lorfida [the Clerk] and the city's lawyer can continue to review the matter." 6 City of Niagara Falls November 2015 April 29, 2015 (Niagara Falls Review): "Prior to Tuesday's meeting, Mayor Jim Diodati said council would open its session with a deputation for peace and gave the floor to Pietrangelo to deliver the text." [...] "Coun. Joyce Morocco, who yelled out `Amen' after Pietrangelo's deputation, said before the meeting, councillors debated how to open the meeting. 'This is a point. What are they going to do? Throw us out of our elected seats? Are you kidding me'?' said Morocco. 32 Councillor Morocco indicated to OMLET staff that this "debate" was a discussion about the interpretation of the Supreme Court decision, as described above. When asked about Councillor Morocco's reported comment, Councillor Pietrangelo stated that he did not read anything into it. He recalled only that the Mayor had asked him to do his reading. Subsequent action by council 33 OMLET staff were informed that, at the subsequent meeting of council on May 12, there was a closed session during which advice was provided by the city solicitor with respect to the city's response to the Supreme Court of Canada decision. In the open session that same day, council discussed the prayer and decided to open council sessions with "O Canada" and a moment of silence. Analysis 34 The evidence confirms that the topic of the prayer was not considered during the formal closed session held before the regular open council meeting on April 28, 2015. The question remains whether the informal discussion amongst the council members, as they went from the closed session to the open council meeting, constituted an illegally held closed meeting. 35 Not all discussions amongst councillors will constitute meetings subject to the open meeting rules. In a 2008 Ombudsman report,' following review of the relevant case law and keeping in mind the underlying objectives of open meeting legislation, a working definition of"meeting" was developed to assist in applying the law: Ombudsman of Ontario. Don't Let the Sun Go Down on Ile: Opening the Door on the Elton John Ticket Scandal(April 2008).online: <http:.,www.ombudsrnan.on.ca/Filesisitemectia/Documents,Resources,ReportsM unicipal,SudburyReportb ng2_2.pdf>. 7 Citt' of Niagara Falls November 2015 Members of council (or a committee) must come together for the purpose of exercising the power or authority of the council (or committee), or the purpose of doing the groundwork necessary to exercise that power or authority. 36 This definition is consistent with leading interpretations of the open meetings law and reinforces the right of the public to observe municipal government in process.`' 37 With respect to informal discussions or gatherings of council members, closed meeting investigators, including my Office, have noted that the Municipal Act does not prevent council members from ever discussing city business outside of a formal meeting. It is expected that some casual conversations about municipal business will take place amongst individual members of such bodies. 38 In the City of Niagara Falls case, members of council discussed the council prayer on April 28, 2015, between the end of the closed meeting and the start of the regular meeting. Four of nine members of council participated in the discussion, while other council members were present. 39 The discussion leading to Councillor Pietrangelo doing his regular reading at the commencement of the open council session was consistent with council's normal practice. While the choice of Councillor Pietrangelo to do the reading might have been influenced by the general views expressed by Councillors Morocco and loannoni on the subject of prayer and the recent Supreme Court of Canada decision, the circumstances do not raise this exchange to the level of a meeting subject to the Municipal Act provisions. 40 In this instance, the members of council did not come together for the purpose of exercising the power or authority of council or for laying the groundwork necessary for the subsequent discussion and decision-making on May 12. London (Cih') v RSI Holdings Inc. [20071 2 SCR 588, 2007 SCC 29 at para 32; Southam Inc v Ottawa (Cite) (1991), 5 OR (3d)726(Ont Div Ct)at paras 12-18;Southam Inc v HcuniltnnWeiitworth Economic Development Committee(1988). 66 OR (2d)213 (Ont CA)at paras 9-12. Ombudsman of Ontario,Investigation into whether Council for the tillage of Casselnum held an illegal closed meeting on January 5, 2015(April 2015)at para 38, online: <http:i:www.ombudsman.on.caiFilesisitemediaitilesiCassclman-Restaurant-Apr2015-EN.pdt>; Local Authority Services, Report to the Corporation of the Township of Carling(March 201 5)at 7.online: <www.agavel.comiwp-content uploads,'2013,09 Carling-Investigation-Report-Final-March-2015.doc.r>. 8 Cite of Niagara Falls November 2015 Opinion 41 Council for the City of Niagara Falls did not violate the open meeting provisions of the Municipal Act, 2001 when it informally discussed the council prayer on April 28, 2015. 42 I am making the following recommendation, however, to assist the city to improve its practices with respect to open meetings. Recommendation The City of Niagara Falls should amend its procedure by-law in accordance with the recommendations made in the Ombudsman's February 2015 reports. Report 43 OMLET staff spoke with the Mayor, the Clerk and the CAO on November 2, 2015 to provide an overview of these findings, and to give the municipality an opportunity to comment. Any comments received were taken into account in preparing this report. 44 This report should be made available to the public as soon as possible, and no later than the next council meeting. Barbara Finlay Acting Ombudsman of Ontario 9 City of,Viagara Fulls November-2015 03 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to designate Lots 49 and 50, and Block 81, Registered Plan 59M-401, not to be subject to part-lot control (PLC-2015-002). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not to be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by Zoning By-law No. 79-200, as amended by By-law No. 2013-05 to permit single detached lots; AND WHEREAS the City proposes to convey Block 81 with the intention that Block 81 will be divided in 2 equal parts on the north south axis in accordance with Reference Plan 59R- 15428 and that the resulting parts be merged with Lots 49 and 50, Registered Plan 59M- 401; AND WHEREAS the City, subsequent to the division of Block 81, is to receive an easement over Lots 49 and 50, Registered Plan 59M-401 for purposes of storm drainage; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 49 and 50 and Block 81, Registered Plan 59M-401, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. That Block 81, Registered Plan 59M-401 be divided and conveyed to the owner of Lots 49 and 50, Registered Plan 59M-401. 3. By-law No. 2015-92 of the City of Niagara Falls is hereby repealed. 4. This by-law shall remain for two years from the date of passage after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this tenth day of November, 2015. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10, 2015 Second Reading: November 10, 2015 Third Reading: November 10, 2015 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to amend the zoning by-laws of the City of Niagara Falls to address a new use, being the use "Medical Marijuana Facility" as defined herein (AM-2015-010). WHEREAS the Council of the City of Niagara Falls has heard representations, Staff Reports and other information concerning the land use "Medical Marijuana Facility" as defined herein; AND WHEREAS following receiving the Staff Reports, the representations, and other information concerning the land use "Medical Marijuana Facility" as defined in this by- law, the Council has determined that the most appropriate method to address the land use planning issues concerning the land use "Medical Marijuana Facility", as defined herein, is by way of site specific zoning by-laws; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By-law No. 79-200 1. By-law No. 79-200 of the City of Niagara Falls, is amended by adding the following sections to SECTION 2 - DEFINITIONS: "2.68 Medical Marijuana Facility: means the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of medical marijuana licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119 as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time; 2.69 Sensitive Land Use: means any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and Institutional uses." 2. By-law No. 79-200 of the City of Niagara Falls, is further amended by adding the following section to SECTION 4 - GENERAL PROVISIONS: "4.35 When considering any application to permit a Medical Marijuana Facility, Council shall, among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses." By-law No. 1538 3. By-law No. 1538 of the former Township of Crowland, now in the City of Niagara Falls, is amended by adding the following sections: 2 "2.92 Medical Marijuana Facility: means the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of medical marijuana licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119, as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time. 2.93 Sensitive Land Use: means any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and Institutional uses. 2.61 When considering any application to permit a Medical Marijuana Facility, Council shall, among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses." By-law No. 395 4. By-law No. 395 of the former Township of Willoughby, now in the City of Niagara Falls, is amended by: a. Adding to Section III B, the following definitions: "Medical Marijuana Facility: means the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of medical marijuana licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119, as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time. Sensitive Land Use: means any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and Institutional uses." b. Adding the following section: "XIII When considering any application to permit a Medical Marijuana Facility, Council shall, among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses." By-law No. 70-69 5. By-law No. 70-69 of the City of Niagara Falls, is amended by adding the following sections: "10. Medical Marijuana Facility: means the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of 3 medical marijuana licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119, as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time. 11. Sensitive Land Use: means any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting the generality of the foregoing, residential uses, campgrounds, child care facilities, playgrounds, schools, parks and Institutional uses. 12. When considering any application to permit a Medical Marijuana Facility, Council shall, among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses." Passed this tenth day of November, 2015. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10, 2015 Second Reading: November 10, 2015 Third Reading: November 10, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to establish Reserve Block 28 on Registered Plan 59M-345 as a public highway, to be known as and to form part of Beaverton Boulevard. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve 28 on Registered Plan 59M-345, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve 28 on Registered Plan 59M-345 in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Beaverton Boulevard. Passed this tenth day of November, 2015. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10, 2015. Second Reading: November 10, 2015. Third Reading: November 10, 2015. I,* VIiII ,11 11.11111P. CITY OF! I ►CANADA NIAGARA 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. (Parking Prohibited, Designated Lanes) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (1) by adding to the specified column of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES/DAYS Heartland Forest Road Both Brown Road and At All Times a point 280 metres south of Brown Road Kalar Road Both A point 100 metres north of Brown Road and At All Times a point 400 metres north of Brown Road Oldfield Road Both Dorchester Road and Drummond Road At All Times -2- (2) by removing from the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Kalar Road Brown Road and a point 100 1.8 Metre Curb Lane At All Times Northbound and metres north of Brown Road for Cyclists Only Southbound (3) by adding to the specified columns of Schedule U thereto the following items: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES/DAYS DIRECTION Kalar Road Brown Road and a point 1.8 Metre Curb Lane At All Times Northbound and 400 metres north of Brown Road for Cyclists Only Southbound Oldfield Road Dorchester Road and 1.8 Metre Curb Lane At All Times Eastbound and Drummond Road for Cyclists Only Westbound This By-law shall come into force when the appropriate signs are installed. Passed this tenth day of November, 2015 DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10,2015 Second Reading: November 10,2015 Third Reading: November 10,2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act. WHEREAS owners of land in the municipality have applied to the Council under the Tile Drainage Act for loans for the purpose of constructing subsurface drainage works on such land; and WHEREAS Council approved MW-2015-05 Tile Drain Loan Program, 9315 Warner Road; and WHEREAS the annual repayments are collected by the local municipalities on behalf of the province and remitted to Ontario Ministry of Agriculture and Food and Rural Affairs (OMAFRA). WHEREAS the Council has lent the owners the total sum of $50,000, to be repaid with interest by means of rates hereinafter imposed. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That annual rates as set out in Schedule 'A' attached hereto are hereby imposed upon such land as described for a period of ten years, such rates to be levied and collected in the same manner as taxes. Passed this tenth day of November, 2015. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10, 2015. Second Reading: November 10, 2015. Third Reading: November 10, 2015. The Corporation of the City of Niagara Falls Schedule "A" to By -Law Number 2015 - Ownership Type Sole Ownership Last Name Kolev First Name Rossen Address 368A- 3219 Yonge Street Toronto, Ontario M4N 1S3 ,and: Parce, epayment Ctia 11,1:10.Levied Proposed: Gate of Loan (yyyy/mm/dd) Sumto be Loaned nnual: Rate to Imposed Lot or Part Lot No. PT Gore Lots 10 and 11; 2016/01/01 $50,000.00 $6,793.40 Concession PT Rd Allow RP Geographic Township Niagara Falls Parcel Roll No. 272510000414300 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of November, 2015. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 10th day of November, 2015 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this tenth day of November, 2015. DEAN IORFIDA, CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: November 10, 2015 Second Reading: November 10, 2015 Third Reading: November 10, 2015