2003/02/03REGULAR COUNCIL
MEETING
Monday, February 3, 2003
Order of Business
and Agenda Package
REGULAR MEETING
February 3, 2003
PRAYER: Alderman Paisley Janvary-Pool
0 Canada - Mr. William Black will sing the National Anthem.
ADOPTION OF MINUTES:
Regular Meeting of January 20, 2003
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
PRESENTATIONS
Home For Girls Soccer
Mr. Bob Benson and Mr. Andrew Howcroft will present a cheque in the amount
of $80,000 for the development of Home For Girls Soccer.
DEPUTATIONS
Case Study for 2 Casinos
Mr. Harry Oakes, Clifton Hill BIA, and Fran Hohol, PKF Consulting will provide
and speak to the Executive Summary of the Case Study for 2 Casinos.
-2-
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara Falls Lightning Gymnastics Club - Re: Proclamation. requesting that
Council proclaim the week of February 8th - 16th , 2003 as "1 Love Gymnastics
Week".
RECOMMENDATION: That the request be supported.
Additional Items for Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
RA TIFICA TION OF THE TRAILS & BIKEWAY COMMITTEE ACTIONS
Member, Trails & Bikeway Committee R-2003-07, Actions Stemming from Trails
& Bikeway Committee - January 9, 2003.
RATIFICATION OF THE ENVIRONMENTAL PLANNING & GREENING COMMITTEE
ACTIONS
1. Chair, Environmental Planning &
Greening Committee
FINANCIAL MA TTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
R-2003-08, Actions Stemming from the
Environmental Planning & Greening
Committee Meeting - January 15, 2003.
F-2003- 06, Municipal Accounts.
F-2003-07, 2003 Intedm Tax Levy.
MISCELLANEOUS MA TTERS
Report from the Chief Librarian
Report from the Chief Librarian
Funding for the Community Centre Branch Library
Books & Audio Visual Materials Capital Project
Niagara Falls Public Library.
Funding for the Book Security System Capital
Project Niagara Falls Public Library.
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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
PD.2003.07 - Matters Arising from the Local Architectural Conservation Advisory
Committee (LACAC).
HR.2003.01, Employees' Social Night.
L.2003.13, Establishment of Public Highway; Part 5 on Reference Plan 59R-11815 as
part of Kalar Road; File No.: 2003-08.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-laws listed for Council consideration.
2003-23
2003-24
2003-25
2003-26
To establish Part 5 on Reference Plan 59R-11815 as a public highway, to
be known as and to form part of Kalar Road.
(HANDOUT) To provide for a 2003 Interim Tax Levy.
(HANDOUT) To provide the installation dates for the Interim Tax Levy.
To authorize monies for General Purposes. (February 3, 2003)
2003-27
-4-
To adopt, ratify and confirm the actions of City Council at its meeting held
on the 3~ day of February, 2003.
NEW BUSINESS
JAN--23--05
03:21 PM NIAGARA FALLS
LIGHTHIHGG
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NIAGARA FALLS LIGHTNING GYMNASTIC CLUB INC,
7021 Stanley Avenue- Niagara Falls, Ontario. L2G 7B7
Tel: (905) 354-2944 · Fax: (905) 354-7242
JAN--2~--03 03:22 PM NIAGARA FALLS LIGHTNINGG 1905354?242 P. 02
2003 I LOVE
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REGISTRATZON FORM
Description of Activities
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Community Services Department
T ..... .,~& · Parks, Recreation & Culture
ne ~,Ty OT ~r~, 4310 Queen Street
Niogoro Foils lJ~l~ P.O. Box 1023
Conodo ~~Niagara Falls, ON L2E 6X5
m~ web site: www. city. niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
R-2003-07
Adele Kon
Director
February3,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
R-2003-07 Actions Stemming From Trails & Bikeway
Committee - January 9, 2003
RECOMMENDATION:
That City Council endorse the actions of the Trails & Bikeway Committee stemming from their
meeting of January 9, 2003.
BACKGROUND:
The Trails & Bikeway Committee discussed a number of items at their meeting held on January 9,
2003, and a summary of the items and those requiring Council's endorsement is as follows:
1..Welland Canal Parkway and Trails Coordinating Committee
Last November, the City received a request from the Region to nominate two representatives as
members to the Welland Canals Parkway and Trails Coordinating Committee (now called the
Greater Niagara Circle Trek Committee). This request stemmed from the results of a presentation
made by the Trails & Bikeway Committee to the Regional Committee. The City's Trails & Bikeway
Committee contacted Regional Councillor, George Bailey, and he was agreeable to sit on this
Regional Committee, as well as Alderman Wayne Campbell, the Aldermanic representative on the
City's Trails & Bikeway Committee. Confirmation of these appointments and notification to the
Region will be required by City Council.
2. Former CP Rail Lands Owned by the City
The Trails & Bikeway Committee acknowledged that the City is reviewing the lands acquired from
CP Rail and considering the sale of surplus lands not required for the proposed People Mover
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
February 3, 2003 - 2 - R-2003-07
System. The Committee approved a motion "that the Committee support the investigation of the
surplus CP Rail lands for possible walking and recreational trail use".
3. Upcoming Events
The Trails & Bikeway Committee is planning three (3) special events this Spring. The main fund
raiser for Phase 2 of the Millennium Trail will result from the 2nd Annual Great Circle Trek Event
being held at Firemen's Park on Sunday, May 4, 2003. The event takes place at 1:00 p.m. with
participants able to walk, jog, cycle, or roller blade along a short ronte being the Haulage Road Trail
or a longer route which extends along Churches Lane to the Niagara Parkway Recreational Trail,
northerly to Queenston Heights Park and returning along Stanley Avenue and Portage Road back to
Firemen's Park. This event is being promoted as a family fun day with food and entertainment being
provided. Team participants will be encouraged from the community and local businesses.
The plans are also underway for the 6th Annual Bike Fun Day at Optimist Park on Saturday, May
31, 2003. This event is a major project of the Niagara Falls Optimist Club with involvement of
others, including the Niagara Regional Police and Niagara Regional Health Department.
The third event is the hosting of a CAN BIKE Safety Certification Course from April 25-27, 2003
(18 hours). This is a basic certification course that covers traffic theory as it applies to bikes, bike
handling skills, defensive riding skills, collision avoidance techniques and traffic analysis skills.
This event is being held at the Recreation Commission Building Boardroom. There are a cost and
a limit on the number of participants being accepted for this training.
It would be appreciated if City Council will endorse the recommendations of the Trails & Bikeway
Committee.
BB/das
l~, Trails & Bikeway Committee
S:\Council\Council 2003XR-2003-07 - Actions of Trails & Bikeway Committee.wpd
The City of
Niagara Falls
Canada
Community Services Department
Parks, Recreation & Culture
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
akon@city.niagarafalls.on.ca
R-2003-08
Adele Kon
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
February3,2003
R-2003-08 - Actions Stemming from the Environmental
Planning & Greening Committee Meeting of January 15, 2003
RECOMMENDATION:
It is recommended that Council endorse the actions
Environmental Planning & Greening Committee.
of the January 15, 2003' meeting of the
BACKGROUND:
Every year, a proposed work program is outlined for the Environmental Planning and Greening
Committee. The Committee currently functions under the shared responsibility of both the Parks,
Recreation & Culture and the Planning and Development Department staff. Coordination and
preparation of minutes and agendas are carried out by Parks, Recreation & Culture staff with input
from the Planning and Development staff. The various projects and work programs are highlighted
in the attached report, R-2003-04.
2003Work Program R-2003-04
The Environmental Planning & Greening Committee received, accepted and filed the above
report for their 2003 Work Program. (A copy of the report is attached.)
2. Request for City Street Tree Removal at 5796 Hanan Avenue
The Environmental Planning and Greening Committee reviewed a request from Mr. Robin Watson
for the removal ufa City street tree at 5796 Hanan Avenue, on City property. The City street tree
is located beside a short and narrow driveway, which Mr. Watson wishes to expand to a double
Working Together to Serve Our Community
Municipal Won~s · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
February 3, 2003 - 2 - R-2003-08
driveway, to accommodate his multi-vehicle family. After investigation, site inspection, and a
presentation from Mr. Watson, it was recommended that the street tree at 5796 Hanan Avenue be
removed.
The Environmental Planning & Greening Committee recommends that the street tree at 5796
Hanan Avenue be removed.
Council's endorsement of the above recommendations would be appreciated
Respectfully submitted:
Alderman Selina Volpatti, Chair
Environmental Planning & Greening Committee
LL/das
Attachment
Community Services Department
Th- Ci'-' of.,~, . Parks, Recreation & Culture
e iy ~r~, 4310 Queen Street
Niagara Falls I~1~ P.O. Box 1023
.;anado ~~ Niagara Falls, ON L2E 6X5
Tm web site:www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356~7404
E-rnail: akon@city, niagarafalls.on.ca
R-2003-04
Adele Kon
Director
January 15, 2003
Alderman Selina Volpatti, Chair,
and Members of the Environmental Planning
and Greening Committee
City of Niagara Falls, Ontario
Members:
Re: R-2003-04 2003 Work Program for the
Environmental Planning & Greening Committee
RECOMMENDATION:
It is recommended that the 2003 Work Program be approved and forwarded to Council for
information.
BACKGROUND:
Every year a proposed work program is outlined for the Environmental Planning & Greening
Committee. The Committee currently functions under the shared responsibility of both the Parks,
Recreation & Culture and the Planning and Development Department staff. Coordination and
preparation of minutes and agendas are generally carded out by Parks, Recreation & Culture staff
with input from the Planning and Development staff. The various projects and work program are
highlighted as follows:
Greening and Beautification Projects - Parks, Recreation & Culture
The Environmental Planning & Greening Committee has been involved in a number of
greening and beautification projects in the past. In 2002, the Committee was kept apprised
of the progress of the Streetscape Master Plan, the Jolly Cut, the beautification development
at Bender Hill, pesticide practices and the Queen Street and Valley Way beautification
projects. As well, the Committee worked with City staff, to approach Council, for an
increase in the Beautification Budget with specific projects in mind, namely, the preparation
WorMng Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture * Business Development · Building & By-Law Services
January 15, 2003 - 2 - R-2003.04
ofa Streetscape Master Plan Phase 2 (Beautification), improvements to the Welcome Sign
at the QEW and beautification improvements to the intersection at Thorold Stone Road and
Stanley Avenue.
In 2002, City Council allocated $35,000 for beautification projects at various locations in the
City. The following lists the expenditures for 2002:
Queen Street at Valley Way
QEW Welcome Sign at Mountain Road
Thorold Stone Road and Stanley Ave
2002 Beautification Total:
$ 30,000
$ 5,000
$ o
$ 35,000
City Council approved $25,000 under the Capital Construction Budget for 2003. This will
cover the costs to bring a water service to the QEW Welcome sign at Mountain Road, as
well, the installation of an automatic irrigation system.
The sum of $35,000 is also available for maintenance within the Parks section of the budget
for 2003.
City Council also approved $50,000, under the Capital Budget for beautification projects for
2003. It is proposed that this money be utilized to complete the following projects:
Queen Street gazebo area
Thorold Stone Road and Stanley Avenue
Spring bulb planting program to include:
QEW Welcome Sign at Mountain Road $ 1,500
Queen Street at River Road (3 beds) $ 1,000
Millennium Trail $ 1,500
Bridge Street at Fairview Cemetery $ 500
Lundy's Lane and Montrose Road _(Parks Bldg) $ 250
Total Proposed:
$10,000
$ 25,000
$ 39,750
Discussions will continue with the property owners at Thorold Stone Road and Portage Road
(Five Comers) with the possibility of improvements in this area. The streetscape Master
Plan - Phase 2 (Beautification) being proposed by Paula Berketo will be completed in the
spring of 2003. This Master Plan will provide a guide for additional beautification projects
both in the short, and long term.
In 2002, staffprepared a questionnaire survey to research what other municipalities are doing
in regards to beautification. This survey of municipalities will be undertaken in 2003. The
Environmental Planning & Greening Committee will continue to work with staffto promote
and develop additional beautification projects throughout the City.
January 15, 2003 - 3 - R-2003-04
2. Environmental Inventory - Information Systems
In 2002, the Environmental Inventory, using GIS (Geographic Information System)
technology, was moved from the Planning Department to the Information Systems
Department, in order to serve the entire Corporation. As well, there has been an ongoing
sharing of information with the Ministry of Natural Resources.
The Inventory includes graphical representation with attached data on potential pollution
sources and natural resource areas. Upgrades to this data will take place systematically in
2003 as time permits. The Information Systems Department will be maintaining the
Corporate Base Map using AutoCad drawings and GIS applications.
J
Comprehensive Zoning By-law Update - Planning
In 2002, the City hired Consultant, Jean Monteith, to update its Comprehensive Zoning By-
law and bring it into conformity with the Official Plan. Zoning designations are being
developed to properly protect important natural features and landscaping provisions. The
Comprehensive Zoning By-law will be completed in 2003.
Education and Promotion - Parks, Recreation & Culture
One of the roles of the Environmental Planning and Greening Committee is promoting the
protection of the environment through environmental awareness and education. In the past,
the Committee has supported Earth Day (April 22nd), Arbor Week (April 26th to May 12th),
Operation Clean Sweep (month of May), Environment Week (June 2nd to June 8th) and
Ontario Parks Week (October 1 st to 7th). The celebration of Arbor Day with the planting of
trees is scheduled for Friday, April 25th. Schools and community groups are encouraged to
clean up litter during the month of May as part of Operation Clean Sweep. Garbage bags and
orange work vests are available for use through Parks, Recreation & Culture Office.
Approval of proclamations for the various environmental days will proceed to Council.
Other environmental celebrations include the City's Annual Environment Award and
Summer Trillium Awards. An advertisement requesting nominations, for the City's
Environment Award will be placed in the local newspaper with the recipients being
recognized at Council during Environment Week in June.
The City is actively involved with the Region in the Adopt-A-Street Program. In 2002, as
part of the City's Adopt-A-Trail Program, Cardinal Newman Catholic School and Greendale
School adopted the Millennium Trail.
Over the past six years, there has been the preparation of an Environmental Activities
Listing. This listing highlights a wide range of environment activities and copies of the
listing are provided to participating groups, Niagara Falls Library and City Departments.
January 15, 2003 - 4 - R-2003-04
5. Review of Environmental Related Projects.- Planning
The Committee will be kept informed of important Provincial and Federal initiatives of an
environmental nature. Previously, the Committee reviewed reports involving the Niagara
River Toxic Management Plan. In 2002, the Committee was apprised of the Niagara River
Remedial Action Plan and the work of the Niagara Peninsula Conservation .Authority.
In addition to the above, the City is updating its Official Plan and developing policies to
protect important natural features and these will be provided to the Committee for review.
a
Woodlot Protection - Parks, Recreation & Culture
In the past, the Committee has been involved in a number of initiatives encouraging the
conservation and protection of trees within the City. In recent years, the Committee has dealt
with a number of requests for boulevard trees to be removed. In 2003, Staff will propose
an application guideline, for Committee support and Council approval, dealing with requests
for the removal of boulevard trees. Staffis also working on a Municipal Tree By- law which
will be presented to the Committee prior to proceeding to Council.
CONCLUSION
The protection of the environment is an important issue in our community. It is important that the
Committee be apprised of the current and future environmental initiatives. The 2003 Work Program
sets out the work that will be carded out and input or changes from the Committee would be
welcomed.
LA/das
Respectfully submi,tted~~-~
Director of Parks, Recreation & Culture
S:\Council\Counci12003~L2003-04 2003 Work Program for the Environmental Planning & Greening Committee.wpd
The City of
Niagara Falls
Canada
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-maih kburden@city.niagarafalls.on.ca
Kenneth E.
Director
F-2003-06
Burden
February3,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-06 - Municipal Accounts
RECOMMENDATION:
That Council approve the municipal accounts totalling $3,265,575.60 for the period ending February
3, 2003.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
is listed on tonight's Council agenda.
Recommended by:
K.E. Burden
Director of Finance
Respectfully submitted:
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
KEB:sdbg
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Infotrnation Systems · Legal · Planning & Development
The City of
Niagara Fallst
Canada
Corporate Services Department
Finance
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-0759
kburden@city.niagarafalls.on.ca.
F-2003-07
Kenneth E. Burden
Director
February 3, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
F-2003-07 - 2003 Interim Tax Levy
RECOMMENDATION:
That Council approve the following three items:
i)
ii)
iii)
the 2003 Interim tax calculation
the passing of a by-law providing for a 2003 Interim Tax Levy
the passing of a by-law providing the installment dates for the Interim Tax Levy
BACKGROUND:
The Corporation of the City of Niagara Falls requires an interim tax levy. This requirement is
necessary because of two factors. Firstly, the Corporation requires operating funds so as to meet its
financial obligations. In addition to the requirement for its own operating needs, the Corporation must
also meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local
school boards. The statutory requirement of the City is to provide quarterly payments to both the
Region of Niagara and the local school boards.
Both of these factors necessitate the interim tax levy. Failure to provide an interim tax levy will lead
to increased borrowing by the Corporation and will result in increased interest expenses. An interim
tax levy is required to ensure the provision of the required funds to minimize borrowing costs.
The Legislature of the Province of Ontario has recently passed a new Municipal Act. The change in
the Act has impacted all municipalities, specifically in the provisions and regulations concerning the
billing and collection of property taxes.
The authority to collect this interim tax levy is prescribed in section 317 of the Municipal Act. The
interim tax levy is subject to the following rules:
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning&Development
February 3, 2003 - 2 - F-2003-07
The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if
no percentage is prescribed, of the total amount of taxes for municipal and school purposes
levied on the property for the previous year.
The percentage used in the levy may be different for different classes but must be the same for
all properties in a property class.
Allows the municipality to use an entire years taxes for a property in the calculation of the
interim tax levy in the situation that a full year was not charged in the previous year.
Staff has developed the interim tax levy based on these rules and has determined that the amount due
for the interim levy for each property will be 50% of the annualized taxes levied in 2002 for that
property. Staffhas decided this is the most equitable method for a number of factors, specifically the
fact that this taxation is an assessment year, that the province has not determined the educational tax
rates for properties nor has the Region of Niagara determined their tax rates for the current year. As
a result, this calculation will minimize fluctuations in payments between the interim and final tax
installments.
The due dates for this interim tax levy are in accordance with the new Municipal Act. The interim bill
will be due on two dates. As per the regulations outlined in the new Municipal Act, property owners
must be provided 21 days notice before payment. The due dates are consistent with the regulation and
will be February 28, 2003 and April 16, 2003. In 2002, these dates were February 28, 2002 and April
17, 2002.
An interim levying by-law is required to establish the amount of the interim levy. This has been
prepared and appears on this evening's Council Agenda for passage. In addition, a by-law has been
prepared and appears on this evening's Council Agenda for passage for the establishment of the due
dates for the interim tax levy.
Prepared by:
Todd W. Harrison
Manager of Revenue
Recommended by:
K.E. Burden
Director of Finance
Respectfully submitted:
~dministrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
niagara
falls
public
library
forty
eight
forty
eight
victoria
avenue
niagara
falls
ontario
L2E 4C5
Tel.: 905/356-8080
Fax: 905/356-7004
January 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: Funding for the Community Centre Branch Library
Books & Audio Visual Materials Capital Project
Niagara Falls Public Library
RECOMMENDATION:
That City Council approve the request for funding for the Community Cemre
Branch Library Books & Audio Visual Materials Capital Project
BACKGROUND:
On October 16, 2002, the Niagara Falls Public Library Board approved the
Community Centre Branch Library Books & Audio Visual Materials Capital
Project with a total expenditure of $295,000.
A description of the project is as follows: To begin purchasing the books and
audio visual materials for the Community Centre Branch Library
On December 9, 2002, the City Council approved the 2003-2007 Capital Budget
which included the Community Centre Branch Library Books & Audio Visual
Materials Capital Project. The funding for this project is as follows:
Source Amount
Debenture Funding $245,000
Development Charges $ 50,000
The Niagara Falls Public Library Board respectfully requests that the City Council
approve the fimding for the Community Centre Branch Library Books & Audio
Visual Materials Capital Project..
Respectfully submitted,
Joe Longo
Chief Librarian
niagara
falls
public
library
forty
eight
forty
eight
victoria
avenue
niagara
falls
ontario
L2E 4C5
Tel,: 905/356-8080
Fax: 905/356-7004
January 17, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: Funding for the Book Security System Capital Project
Niagara Falls Public Library
RECOMMENDATION:
That City Council approve the request for funding for the Book Security System
Capital Project
BACKGROUND:
On October 16, 2002, the Niagara Falls Public Library Board approved the
Book Security System Capital Project with a total expenditure of $108,000.
A description of the project is as follows: To install an electronic book security
system at the Victoria Avenue Library to reduce the level of theft of library books
and audio visual materials.
On December 9, 2002, the City Council approved the 2003-2007 Capital Budget
which included the Books Security System Capital Project. The funding for this
project is as follows:
Source
Library Capital Reserve
Library General Purposes Contribution
Amount
$58,000
$50,000
The Niagara Falls Public Library Board respectfully requests that the City Council
approve the funding for the Book Security Capital Project.
Respectfully submitted,
Joe Longo
Chief Librarian
The City of
Niagara Falls'
Canada
Local Architectural Conservation Advisory Committee
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city, niagarafalls.on .ca
PD-2003-07
Todd Barclay
Chair
February 3, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-07, Matters Arising from the Local
Architectural Conservation Advisory Committee (LACAC)
RECOMMENDATION:
It is recommended that Council endorse the comments contained in this report concerning the proposed
changes to the Ontario Heritage Act and submit the comments to the Ministry of Culture.
BACKGROUND:
The Ministry of Culture has circulated a Discussion Guide on proposed changes to the Ontario Heritage
Act (copy attached). The Province is looking for municipal comments before preparing a bill to
introduce changes in the legislation. LACAC reviewed the Discussion Guide at its meeting on January
22, 2003 and supports many of the Ministry's proposals, as well as submitting additional comments.
LACAC adopted the following motion:
"THAT LACAC advise City Council of the proposed changes to the Ontario Heritage
Act and recommends the comments be endorsed and forwarded to the Ministry of
Culture for consideration."
Matters Arising:
The following comments are provided on the proposed changes to the Ontario Heritage Act.
section follows the Part and Proposal numbers from the Guide.
Part 1: Municipal Powers to Identify and Protect Built and Archaeological Heritage
Proposal No. 1 is supported as follows:
1. Enable the municipality to list heritage property on a public list or register and
prescribe the process for listing.
This
W0r&imJ To~t~r to Serve Oar Comm~mit~
February 3, 2003 - 2 - PD-2003-07
Proposals No. 2 and 3, to address municipal controls on demolition of designated heritage properties,
are not supported.
Proposal No. 4 is supported as follows:
4. Give municipalities the power to prohibit rather than delay demolition.
Provide property owners the right of appeal from such decisions.
with an added provision as follows:
"with the provision that the right to appeal would go the Ontario Municipal Board.'
Part 2: Improvements to Heritage Conservation Districts
Proposals No. 1 and 2 are supported as follows:
Require that heritage conservation districts have a plan and guidelines for the
management of change in the district.
2.
Require that heritage conservation district plans be part of the municipality's Official
Plan, following the same process as for Official Plan amendments.
Proposal No. 3, to extend district controls to cover property features and elements other than buildings,
is not supported because it was felt this was unrealistic and too controlling.
Proposals No. 4 and 5 are supported as follows:
Where provided for in the district plan, enable the municipality in the by-law designating
the district to:
· exempt certain kinds of minor changes, e.g., repainting, from approval requirements
· delegate approval of certain kinds of changes to municipal staff
Enable the municipality to impose interim controls on areas proposed for district
designation, pending the completion of the district plan and the approval of the
designation.
Part 3: Provincial Powers to Identify and Protect Heritage Property of Provincial Interest
Proposals No. 1 and 2 are supported as follows:
1. Give the Province the power to identify archaeological sites, including marine sites, and
built heritage properties of provincial interest by placing them on a provincial register
(would not include controls on alteration or demolition).
2. Give the Province the power to designate built heritage properties of provincial interest
(would include controls on alteration and demolition similar to municipal designation).
Proposal No. 3 was not endorsed as the Committee had no comments on it.
February 3, 2003 - 3 - PD-2003-07
Part 4: Specific Protections for Marine Archaeological Heritage
Proposal No. 1 was not endorsed as the Committee had no comments on it.
Proposal No. 2 is supported as follows:
2. Give the Province powers to protect the most fragile marine heritage sites.
Further Comments:
Niagara Falls LACAC is also proposing the following change to the Ontario Heritage Act for
consideration by the Ministry:
1. The Province introduce a standard set of guidelines for evaluating heritage properties,
in the form of a checklist of styles and features, to obtain a graded value or ranking of
the property.
CONCLUSION:
The Province has a long history ofworkingtoward overhauling the Ontario Heritage Act. These changes
serve to strengthen and improve the heritage legislation. LACAC is looking for Council's support on
this matter. An extension until February 7, 2003 has been granted in which to provide comments.
Respectfully Submitted:
~~ervation Advisory
Committee
AH/BM:gd
Attach.
S:~PDRX2003~D2003-07, Matters Arising from LACAC.wpd
Changes to the Ontario Heritage Act
Discussion Guide
Ministry of Culture
December 2002
The Ontario Heritage Act gives municipalities and the Province powers to
preserve and promote Ontario's heritage.
The Act is enabling legislation - it empowers, rather than obligates, municipalities
to protect their local heritage. Municipal powers include establishing heritage
committees (LACACs), designating individual properties and heritage
conservation districts, responding to requests to alter or demolish heritage
properties, and entering into easements or agreements with owners to maintain
their heritage properties.
Under the Act, the Minister "may determine policies, priorities and programs for
the conservation, protection and preservation of the heritage of Ontario." The Act
also gives the Province the power to license archaeologists and protect
archaeological sites.
Since the Act took effect in 1975, a number of reviews of the Act have been
undertaken. Some of these inVolved extensive consultations with municipalities,
heritage organizations, the development industry, property owners, and other
stakeholders interested in heritage legislation.
Over the years, amendments have been made to streamline and strengthen
various provisions in the Act. This year, the Ministry of Culture put forward a
number bf important changes to the Ontario Heritage Act as part of the
Government~ A~ct - a general Act amending legislation across
g0~ernment to ensure consistency, streamline processes, improve clarity and
update language.
The Government Efficiency Act changes to the Ontario Heritage Act focus on its
archaeological and municipal heritage protection provisions. (See Appendix A).
Key changes include:
· Clarifying that altering an archaeological site and removing artifacts from a
site are not permitted without a licence
° Clarifying that archaeological sites include marine sites
· Allowing the Ministry to define by regulation key terms used in the Act to
ensure transparency' (e.g. "archaeological fieldwork", "archaeological site",
"cultural heritage")
° Allowing municipalities to broaden the mandate of their municipal heritage
committees (LACACs)
Changes to the Ontario Heritage Act: Discussion Guide - December 2002
Proposal to address this issue:
1. Enable municipalities to list heritage property on a public list or
register and prescribe the process for listing
Municipal controls on demolition of designated heritage property
Under the current Act, municipalities can delay demolition of a heritage building
for 180 days, but cannot prevent it. The 180-day period does not always give
communities the time they need to find alternatives to demolition.
The Govemment Efficiency Act adds requirements that:
· the owner cannot demolish a building until the owner has obtained a -~
building permit for a replacement building
· the replacement building must be built within two years
These new requirements are modelled on the provisions already in fome in 14
Ontario municipalities.
Proposals to address this issue include:
2. Leave the Act as it is with the Government Efficiency Act changes
3. Extend the period by which municipalities can delay demolition (e.g.
from 6 months to I year)
4. Give municipalities the power to prohibit rather than delay demolition.
Provide property owners the right of appeal from such decisions
In Ontario's 25-year experience with heritage conservation districts, a number of
issues have arisen about provisions in the Act related to districts.
The Government Efficiency Act includes a few changes to district provisions:
Changes to the Ontario Heritage Act: Discussion Guide - December 2002
Interim protection of proposed districts
Properties proposed for individual designation enjoy interim protection pending
the completion of the designation, i.e. the designation controls "kick in" once the
municipality gives notice of intention to designate. There is no similar interim
protection for districts.
Proposal to address this issue:
Sm
Enable the municipality to impose interim controls on areas
proposed for district designation, pending the completion of the
district plan and the approval of the designation
'PART 3:
Under the Ontario Hedtage Act, the Province has the power to designate
archaeological sites, but does not have the same power to protect built heritage.
In addition, the Act does not give the Province specific power to identify
archaeological sites or built heritage property of provincial interest.
Most other provinces have such legislative tools and the federal government,
through ils National Historic Sites program, is able to identify properties of
national heritage importance.
Proposals to address this issue include:
Give the Province the power to identify archaeological sites,
including marine sites, and built heritage properties of provincial
interest by placing them on a provincial register (would not
include controls on alteration or demolition)
Give the Province the power to designate built heritage properties
of provincial interest (would include controls on alteration and
demolition similar to municipal designation)
3. Limit powers in 1. and 2. above to provincially owned property
Changes to the Ontario Heritage Act: Discussion Guide - December 2002
Are there other issues you think need to be addressed?
What specific changes to the Ontario Heritage Act would address these
issues?
Are there non-legislative options for addressing these issues?
Changes to the Ontario Heritage Act: Discussion Guide - December 2002
The City of
Niagara FallsI
Canada
Corporate Services Department
Human Resources
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-5110
E-maih djones@city.niagarafalls.on.ca
HR 2003-01
Tony Ravenda
Executive Director
February 3, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
HR 2003- 01 - Employees' Social Night
RECOMMENDATION:
That Council authorize an expenditure of $2,500 toward the operating costs of the City employee's
Social Night.
BACKGROUND:
Members of Council will recall that for the past few year our employees' social evening has been
of a less formal nature and has met with favourable comments.
Our Volunteer Committee is organizing the City Employees' Social Night - once again this year at
the Arpad Park Community Centre. Invited as our guests ofhonour are City employees who have
retired during 2002 as well as active employees who reach the 25-year, 30-year and 35-year service
level. To date, during the year 2002 a total of 23 guests will be invited. To help defray the costs
of this worthwhile event, the Committee is once again requesting that Council authorize an
expenditure of $2,500 which has been provided for in the budget.
As in the past, all current employees of the City, Members of Council and past retirees may purchase
tickets for the event. We hope to see you at the Arpad Park Community Park on April 11th, 2003
Prepared by:
City Clerk
Respectfully submitted:
// Chief Administrative Officer
Recommended by:
Tony Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerk's · Finance · Human Resources · Information Systems . Legal · Planning & Development
The City of
Niagara Falls
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2003-13
R. O. Kallio
City Solicitor
February 3, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-13
Establishment of Public Highway
Part 5 on Reference Plan 59R-11815
As Part of Kalar Road
Our File No.: 2003-08
RECOMMENDATION:
That a road widening, being Part 5 on Reference Plan 59R- 11815 attached as Appendix "A", be
established as a public highway, to be known as Kalar Road.
BACKGROUND:
As a condition of Land Division Committee approval, Eva Fortuna conveyed a road widening to the
City. The subject lands are located on the east side of Kalar Road and shown hatched on the plan
attached. Staff is now recommending that the subject lands be dedicated as a public highway to form
part of Kalar Road.
~p/fepfired by:, ./J
R~__~ by:
R'a~ Kallio
City Solicitor
MM/lb
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully submitted: .
cDon
Chief Administrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
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