2003/02/10REGULAR COUNCIL
MEETING
Monday, February 10, 2003
Order of Business
and Agenda Package
REGULAR MEETING
February fO, 2003
PRAYER: Alderman Victor Pietrangelo
A moment of Silence will be observed in memory of the seven students that
lost their lives in the British Columbia avalanche.
2. ADOPTION OF MINUTES: Regular Meeting of February 3, 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.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
DEPUTATIONS
Heart and Stroke Foundation of Ontario
Ms. Judy Ziraldo, President of the St. Catharines/Thorold Chapter Council
wishes to address Council on their person-to-person giving campaign.
Greater Niagara Transit Commission
Mr. Ted Salci, Chairman, Greater Niagara Transit Commission, will present the
Annual 2002 Financial Statements for the Niagara Transit and Niagara Chair-A-Van.
Bill 210 - The Electricity Pricing, Conservation and Supply Act
Mr. Wayne Gates wishes to address Council on the matter.
- AND -
Mr. Mark Rodger, Co-Chair, Energy Markets Law Group wishes to address
Council with respect to Bill 210, the Electricity Pricing, Conservation and Supply Act.
- AND -
RESOLUTION
That the Council of the Corporation of the City of Niagara Falls affirms that Niagara Falls
Hydro Holding Corporation and it wholly-owned subsidiaries Niagara Falls Hydro Inc., an
electricity distributor licensed under the Ontario Energy Board Act, 1998 and Niagara Falls
Hydro Services Inc., its affiliate should each continue to be incorporated as a corporation
under the Business Corporations Act (Ontario) as provided in Subsection 142 (1) of the
Electricity Act, 1998 and to operate on a for-profit basis; and that the Mayor and Clerk are
authorized to prepare and file with the Minister of Energy the necessary certificate required
under Section 159.1 of the Electricity Act, 1998 as provided for in the Act.
Niagara Falls Minor Hockey Association
Mr. Joe Brugman wishes to address Council regarding minor hockey.
- AND -
Mr. Don DeLorenzo, Solicitorfor Niagara Falls Minor Hockey Association would like
to respond to the various issues raised regarding minor hockey.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(A/derman Victor Pietrangelo, Chair)
PLANNING MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3. Chief Administrative Officer
4. Chief Administrative Officer
MISCELLANEOUS MA TTERS
1. Chief Administrative Officer
- AND -
Chair, LACAC
. AND -
Chief Administrative Officer
2. Chief Administrative Officer
PD-2003-08, Walker Bros. Quarries Ltd.,
Proposed Changes to Licensed Site.
PD-2003-09, Site Plan Control By-lawfor
Testamentary Devise Parcels.
PD-2003-10, Request for Removal of Part Lot
Control; 8040/8042 Post Road; Lot 22,
Registered Plan 59M-78; Owners: Kevin & Lisa
Maves.
PD-2003-14, Amending Zoning By-law; AM-
32/2000, 5840 Dunn Street; Applicant: Michael
Colaned & Tara Colaneri; Proposed 4-storey, 16
unit Apartment Dwelling.
CD-2003-02, Local Architectural Conservation
Advisory Committee (LACAC) - Revision to Ten'ns
of Reference.
PD-2003-12, Matters Arising from the Local
Architectural Conservation Advisory Committee
(LACAC)
PD-2003-15, Proposed Changes to the Ontario
Hedtage Act through the Government Efficiency
Act.
L-2003-14, City of Niagara Falls transfer to The
Trustees of Lundy's Lane United Church; Lot 94,
Plan 330.
FIRE SERVICES MA TTERS
Chief Administrative Officer
FS-2003-03, Defibrillator Agreement with Base
Hospital.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2003-28
To amend By-law No. 2001-103 respecting the classes of development that
may be undertaken in the site plan control areas without the approval of plans
and drawings otherwise required under subsection 4 or 5 of the Planning Act.
(Re: AM-20/99, testamentary devise parcels)
2003-29
To designate Lot 22 on Registered Plan No. 59M-78 not to be subject to part
lot control (Re: 8040/8042 Post Road)
2003-30
To amend By-law No. 79-200, to permit the construction of an apartment
dwelling on the southwest comer of Dunn Street and Ailanthus Avenue. (Re:
AM-32/2000, Michael Colaneri & Tara Colaneri)
2003-31
To authorize the execution of a Development Agreement with Eva Fortuna
Respecting Fortuna Development.
2003-32
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 10~h of February, 2003.
NEW BUSINESS
Heart and Stroke Foundation of Ontario ~.~.Ft~LLS CLERKS'OS 0i22
The City of Niagara Falls
City Clerk
P.O. Box 1023
Niagara Falls, ON
L2E 6X5
January 21,2003
Attention: City Clerk
Every February the Heart and Stroke Foundation of Ontario
celebrates Heart and Stroke Month by holding its Person-to-Person
Giving Campaign.
Representatives of the Chapter would like to appear before Council
to announce its annual canvass and to make a special presentation
to members of council.
The Heart and Stroke Foundation representative appearing would
be Judy Ziraldo, President of the St. Catharines/Thorold Chapter
Council.
We would require no more than 10 minutes to bring our message to
the Mayor and members of Council. We respectfully request a date
on or near February 10, 2003. You can contact the Niagara office
at 905 938-8800 and ask for Judy Ziraldo to advise us of
availability.
Thanking you in advance.
Affiliated with the Heart and
Stroke Foundelion of Csnada
Business Number 10747 2839 RROD01
HEART
AND STROKE
FOUNDATION
OF ONTARIO
Angle Gray
St. Catharines/Thorold, Public Relations Chair
For more heart and stroke information, visit www, heartandstroke.ca or call 1-888-HSF-INFO (473-4636).
Niagara
Transit
4320 Bridge St., Niagara Falls, Ontario, L2E 2R7
Office 905-356-1179 Garage 905-358-9749 Fax 905-356-5576
Email ten_~.librock(~_,niagaratransit.com Website www.niagaratransit.cmn
January 21/2003
IYayor and Members of Counci/
C/ty of Niagara Fall$ Canada
4310 @ueen Street
Niagara Fa/i~, Ontario
L2E 6V$
Dear Council t4embers:
On behalf of my fei/ow Commissioners~ I am p/eased to
enclose the '~tatement of Affairs' for the Ereater Niagara Transit
Commission for the year ending December 31, 2002.
1. REGULAR TRANSIT
During the twelve'month period ending December 31, 2002,
Niagara Transit buses traveled in excess of one mil/ion kilometres and
carded approximately 1.1 m/i/ion passengers (1 ~/=% decrease in ridership
from 2001). The Commission will continue to offer reduced rate
transportation to persons on low income, unemployed and we/fare
recipients identified and approved by senior government agencies. The
Brock Rapid, in /ts n/nth year of operation, continues to provide
transportation for both Brock and Niagara College students. In addition,
this service is used by cry residents for access to We/land, St. Catharines
and Thoro/d, through connections with the other municipal transit
services converging at Brock University.
2, FALL$ $HUTTLE
Again this year (May to November), the Falls Shuttle
transported visitors between various accommodations on Lundy'~ Lane, in
the Fallsview, Chippawa and River Road areas, the bus terminal and train
station/ to attractions such as the Casino, (~ueen Victoria Park and
Marine/and. We offer visitors to our city a transportation bargain that
allows children 12 and under to ride free of charge when accompanied by
an adult using an '~11Day' pass. In 2002, we carried 228,636 passengers,
a ~5% decrease from 200~. However, actual revenues decreased by only
4.4%.
As in past years, we continue to foster a relationship with
accommodations, attractions and organizations throughout the city, with
the sole purpose of making tourist visitations more enjoyable.
3. CASINO A$$OCIATE SHUI-I'LE
In 1996~ Niagara Transit was awarded a contract to transport
Casino employees between the Casino and the A~sociate Centre located
on Montrose Road. This service, which is a twenty-four hour operation,
carried approximately 800,000 associates in 2002. We traveled
approximately one million kilometres and created employment for
eighteen operators.
Niagara Transit has built and maintained an excel/eot working
relationship with Casino Niagara, and profit~ from this endeavor help
reduce our overall operating deficit.
4. INTER-CITY BUS TERMINAL
The Inter-City bus terminal at Bridge Street and Erie Avenue
continues to be a successful business venture for the Commission. It act~
as a hub for visitors travelling to our city~ and we continue to take pride in
knowing the terminal is still regarded throughout the industry as a mode/
for other municipa/itie~ even .after fifteen years of operation. We
experienced an increase in activity by Inter-City carriers, which enhanced
the profitability of the downtown transportation terminal.
$. ~.4RAG£
Revenue generated from servicing out-of-town buses and
Inter-City carriers at our garage facility provides additional income for
Niagara Transit reducing our deficit. Garage services to out-of-town
buses decreased by $% from 2001, due to a decline in cross-border traffic.
We will continue to pursue service contracts with locally based tour
operators and Inter-City bus companies operating throughout the
municipality. I am pleased to report Inter-City sa/es increased by $%
over 2001. I attribute the overall success of the garage operation to
aggressive marketing of our services by both the Commission and staff.
In light of the forgoing, I trust Council agrees the Commission
should continue to pursue its commitment to marketing the servicing
portion of our operation, particularly as revenues help reduce our overall
operating deficit.
SUMMARY
As outlined in the attached Financial Statements~ the net cost
to the City including Provincial subsidie~ for combined Operating and
Capita/ expenditures for 2002, is under the approved budget by
approximately $72,600.
In order to put our operation in perspective, Niagara Transit'~
net operating cost for 2001 (the last year for which comparable statistics
are available) was $1Z93 per capita compared to the Provincial average
of $$7.18. As you can see, the cost of providing public transportation in
Niagara Falls continues to be substantially lower than the Provincial
average. In 2005, Commission and staff will continue to examine ways to
improve public transit services for city resident~
Finally~ the Commission appreciates Councils commitment to
public transit and will be in attendance on February lO, 2005 to answer
any questions.
Yours truly~
NIAGARA TRANSIT
R. T. Salci
Chairman
WM/jrb
End.
NIAGARA CHAIR-A-VAN
5734 Glenholme Avenue
Niagara Falls, Ontario
L2G 4Y3
Tel.
357-0122
3anuary 2~ 2003
hlaYor and hlembers of Council
City of Niagara Fa/Is, Canada
4310 Queen Street
Niagara Falls, Ontario
L2E 6V$
Dear Council I~embers:
On behalf of my fellow I~anagement Board members~ I am
p/eased to enclose the 'Statement of Affairs' for Niagara Chair-A-Van for
the year ending December 31, 2002.
The I~lanagement Board consist~ of Vince Audibert and Ross
Durdan of St. John Ambulance; Anita I~acKenzie and I~lurray Cu/p
representing disabled riders; Terry Ubrock~ Janet Berry and myself of
Niagara Transit. The staff, St. John Ambulance personnel are: Allan
Levesque, Shane /4cConnery and I~ark D'Anna full-time van operators, Bill
Andrew~'Donna Andrews, Gord hlcRae, and ]oAnn Young as casual
operators, with ]ackie Zufe/t as dispatcher. The staff continues, as in the
past, to do a most commendable job.
Chair-A-Van's regular hours of service are from 8:00 a.m. to
7:30 p.m. Monday to Friday, and 9:00 a.m. to $:00 p.m. Saturday and
Sunday. In 2002, we carried 15,665 passengers, a 10.5% increase in
ridership from 2001.
2
As outlined in the Financial Statements, the net cost to the
City including Provincial subsidies, for combined Operating and Capital
expenditures for 2002, 'is under the approved budget by approximately
$32,.140,
In order to put our operation in perspective, Niagara Chair-A-
Vans' net operating cost for 2001 (the last year for which comparable
statistics are available) was $2.10 per capita compared to the provincial
average of $8..75. As you can see, the cost of providing transportation for
the physically challenged in Niagara Falls continues to be substantially
lower than the provincial average.
Finally, the members of the Board appreciate Council's
contribution towards this most worthwhile service.
Yours truly,
NIAGARA TRANSIT
R. ~. Salci
Chairman
WiVl/jrb
End.
RESOLUTION RE: BILL 210
tv' C) Z
0 (5 ,--
~ Z ,-. ,--
The City of
Niagara Falls'
Canada
Corporate Services Department
Planning & Development
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) 356-2354
planning@city, niagarafalls .on .ca
PD-2003-08
Doug Darbyson
Director
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-08, Walker Brothers Quarries Ltd.
Proposed Changes to Licensed Site
RECOMMENDATION:
It is recommended the Ministry of Natural Resources be informed that the City has no objections to
the proposed licensed site plan changes, subject to the requests outlined in tlfis report.
BACKGROUND:
The City has been circulated several requests for changes to the licensed site plans proposed by
Walker Brothers Quarries Limited in order to maximize the efficient operation of the existing
licensed landfill and quarry operations and reflect the new relationship between the quarry and newly
constructed road, proposed to be named as Taylor Road.
Proposed Changes
The proposed licensed site plan changes, which are illustrated on the attached map, and reasons for
supporting the change are outlined as follows:
A request to amend Licence Nos. 4437 and 8336 to allow the extraction of the portion of
Mountain Road, recently closed, as well as removal of extraction setbacks along this portion
of Mountain Road, which has been conveyed to Walker Brothers Quarries.
With respect to the extraction of Mountain Road, the City interprets the existing extractive
industrial zoning as running to the centre line of the former road allowance. Since both sides
of this section of Mountain Road are zoned for extraction, the entire portion of the road
allowance is zoned extractive industrial. With respect to the request to remove the 30-metre
setback requirement for extraction in the licences, staffhas no objection since both sides of
Mountain Road are licensed and owned by Walker Brother Quarries. The 30-metre setback
requirement becomes redundant at the time Mountain Road ceases to be a "public road
allowance". All quarrying activities within the subject former Mountain Road area
should be subject to the monitoring and reporting requirements of License No. 8336.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
February 10, 2003 - 2 - PD-2003-08
Since the portion of the former Mountain Road is adjacent to the landfill area, the
Ministry of Natural Resources should require engineered studies and licence conditions
to prevent damage to the landfill leachate collection system resulting from quarrying
activities.
A request has been made for site plan amendment to Licence Nos. 4437 and 11175 to allow
the relocation of the haulage road within the setback limit along Taylor Road for
approximately 300 metres and along the Brown property line for 200 metres.
Staff is of the opinion the setback along the new Taylor Road is satisfactory since it will be
landscaped and bermed, providing adequate screening from vehicles using the road. Walker
Brothers owns the lands on the other side of Taylor Road, which is either currently licensed
for extraction or proposed to be licensed for haulage road purposes.
The haulage road will be below the level of the Brown property and separated by a 1 O-metre
setback including a three-metre landscaped strip. The Brown's have agreed to the reduced
setback requirement.
There are also requests for site plan amendments to License Nos. 8336 and 11175 to reflect
the new licence limit in the southeast comer of the property due to the reconstruction of
Mountain Road to the new proposed Taylor Road location.
Staff supports these requests which are housekeeping and reflect the new situation resulting
from the road reconstruction and since there are no changes to proposed extraction setbacks.
Staff recommends the licensed area east of the proposed Taylor Road, shown on
Schedule 3, be removed as part of the licensed area since there will be no quarry
operations in this small isolated area covered by woodlot.
One of the site plan amendments to Licence No. 8336 is to reduce the setback in this area
from 30 metres to 15 metres west of the proposed Taylor Road to reflect the new situation.
The setback for extraction has not moved but the new road has been brought closer to the
extraction setback to save more of the existing woodlot at the request of City and Regional
Planning Departments. There are remnants of the existing woodlot between the road and
quan'y to provide screening and Walker Brothers Quarries has agreed to fill any bare spots
with transplanted trees from Mountain Road.
Finally, a request for a site plan amendment to Licence Nos. 4337 and 11175 has been
received to relocate the "under road crossing" from old Beechwood Road south of Mountain
Road to under Taylor Road, just north of Mountain Road. This request coincides with the
haulage road realignment request to maximize efficiencies in the existing licensed landfill
area.
The relocation of the "under road crossing" will involve construction of a new haulage road
north of Mountain Road and east of Taylor Road in an unlicensed area. The' proposed
haulage road will need a Development Permit from the Niagara Escarpment Commission.
At an agency meeting to discuss the proposed licence changes, the Ministry of Natural
Resources staff indicated they could provide an exemption order to allow the construction
of the haulage road conditional upon aggregate extraction in this area being confined to the
February 10, 2003 - 3 - PD-2003-08
construction of the haulage road and side slopes. It should be noted the haulage road
construction would not take place until phase 2 of the Mountain Road relocation to Taylor
Road takes place as shown on Schedule 4. Any approval for the haulage road should be
conditional upon the proposed 30-metre landscaped setback requirement from the
proposed new Mountain Road to the closest point of the haulage road side slopes. In
addition, monitoring requirements for blasting, dust, noise and groundwater should
all be subject to the same requirements as the newer lieenees south of Mountain Road.
CONCLUSION:
The proposed site plan amendments to the various quarrying licences are proposed to: reflect the
existing situation resulting from the road realignment and construction; allow the quarrying of the
old closed portion of Mountain Road where quarrying has already taken place on both sides; and to
realign haulage roads to maximize the use of the existing licensed landfill area.
Dave Heyworth
Planner 2
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
DH:gd
Attach.
S:kPDRk2003~PD2003-08, Walker Bros. License Site Changes.wpd
Proposed Site Plan Amendments To Quarry Licenses
U:\GIS\maprqsts\beechwood2.apr
SCALE
1 ' 15,000
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
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) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-09
Doug Darbyson
Director
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-09, Site Plan Control By-law for
Testamentary Devise Parcels
RECOMMENDATION:
It is recommended that:
a)
b)
the site plan control by-law on the Council agenda be passed by Council; and
a copy of this report be sent to assessed owners of testamentary devise parcels and those in
the surrounding area explaining the procedural framework for developing the parcels.
BACKGROUND:
On January 13, 2003, the Ontario Municipal Board (OMB) considered the appeal of Anna Manza
Montemurro with respect to Official Plan Amendment No. 42 and Zoning By-law Nos. 2002-022
and 2002-023. A written decision from the OMB has been received dismissing the appeal, meaning
the amendments are now in force. It should be noted that neither appellant nor any of her
representatives attended the hearing.
Purpose of the Amendment
These amendments establish a planning framework for testamentary devise parcels with the
following objectives: creating better sized and configured estate residential lots; ensuring the long
term functioning of private sewage disposal system; minimizing land use impacts and rural
residential sprawl; ensuring lot grading and drainage problems are addressed; and protecting
important natural features.
To achieve the aforementioned objectives, the new lot size requirement for testamentary devise
parcels will be 1 ha (2.5 acres) of lot area and 60 metres (200 ft.) lot frontage. Severances of lots
will be allowed under certain conditions to facilitate the merging of parcels into better sized and
configured lots. Lots which complied with the former zoning by-laws will be grandfathered for
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems , Legal · Planning&Development
February 10, 2003 - 2 - PD-2003-09
development provided they are not within an Environmental Protection Area and comply with the
Minimum Distance Separation Formula of the Ministry of Agriculture & Food. All parcels will be
subject to site plan control in order to develop.
Site Plan Control
Official Plan Amendment No. 42 clearly specifies the use of site plan control to implement various
environmental requirements. Through site plan control, lot grading and drainage plans will be
prepared indicating the development envelope, septic system and spare area. In some cases,
entranceway locations will also be regulated. Warning clauses will be used to advise of potential
or furore agricultural nuisances and dwellings will be located to comply with minimum distance
separation requirements from livestock barns. Therefore, it is recommended Council approve the
site plan control by-law on the agenda to finalize the planning framework for dealing with the
testamentary devise issue. Schedules 1 to 11 illustrate the parcels which will be subject to site plan
control.
In addition to the above, staff is recommending this report be sent to the assessed owners and
surrounding property owners on the circulation list to advise them of the basic policies and
requirements pertaining to the development of testamentary devise parcels and that more
detailed information, including the new Official Plan policies and Zoning By-law
requirements, is available in the Planning and Development Division.
CONCLUSION:
In conclusion, approval of the site plan control by-laws assists in implementing the planning
framework approved by Council for testamentary devise parcels. It is recommended Council pass
the site plan control by-laws on the agenda and that a copy of this report be sent to assessed owners
of these parcels to advise them of the planning framework procedure.
Dave Heyworth
Planner 2
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
DH:gd
Attach.
S:~PDRX2003hUD2003-09, Site Plan Control-Testamentary Devise.wpd
SCHEDULE 1 TO BY-LAW No. 2003-
Subject Land--~--~-
Amending Site Plan Control By-law 2001-10~
Description:
Part of Township Lot 1, Concession 1
Former Township of Crowland, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 8, Reference Plan 59R-8761
and Parts 5 to 13, Reference Plan 59R-3305
1 :NTS
Jaauary 2003
Applicant:
City of Niagara Falls
AM-20/1999
S:~Zoning~vlS\ 1999La3vi-20\T3,7,8,10,12.apr
SCHEDULE 2 TO BY-LAW No. 2003-
Subject Land~
¢
5
Amending Site Plan Control By-law 2001-10~
Description:
Part of Township Lot 6, Concession 7,
Former Township of Crowland, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 13, Reference Plan 59R-7428
1 :NTS
Applicant:
City of Niagara Falls
Jalluary 2003
AM-20/1999
SSZoningL~VlS\ 1999XAM-20~T3,7,8,10,12. apr
SCHEDULE 3 TO BY-LAW No. 2003-
Subject Land~
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lot 6, Concession 6,
Former Township of Crowland, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 16, Reference Plan 59R-7651
1 :NTS
Janua~ ~ 2003
Applicant:
City of Niagara Falls
AM-20/1999
S:~ZoningXAMg\1999La3A-20\T9.apr
SCHEDULE 4 TO BY-LAW No. 2003-
Subject Land
I · Koabel Road
O
202.61 m ~,
J Schneider Road
Ridge Road )
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lot 1, Concession 6,
Former Township of Crowland, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 25, Reference Plan 59R-7401,
and Parcel A shown above.
Applicant:
City of Niagara Falls
1 :NTS
AM-20/1999
lanuaxy 2~03
S:XZoning~AMS\ 1999La, M-20\T 1 l.apr
SCHEDULE 5 TO BY-LAW No. 2003-
Subject Land
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lots 9, 10, 11 & 12, Concession 7,
Part of Road Allowance between
Township Lots 10 and 11, Concession 7
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 42, Reference 59R-6480
1 :NTS
J~uary2~3
Applicant: City of Niagara Falls
AM-20/1999
$:~ZoningLMM S~ 1999~M-20\T4.apr
SCHEDULE 6 TO BY-LAW No. 2003-
Subject Land-=-~-
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lots 7 & 8, Concession 5,
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 4, Reference Plan 59R-6827
1 :NTS
Applicant:
City of Niagara Falls
AM-20/1999
January 2003
S:~Zoning~uMS\1999~dv~-20\T5 .apr
SCHEDULE 7 TO BY-LAW No. 2003-
Subject Land--=-=-
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lot 12, Concession 4, Niagara River
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 14, Reference Plan 59R-8642.
1 :NTS
Applicant:
City of Niagara Falls
January 2003
AM-20/1999
S:~ZoningLkMS\1999~dv[-20\Tl 3.apr
SCHEDULE 8 TO BY-LAW No. 2003-
Subject Land--=-=-
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lots 2 & 3,
Part of Unopened Road Allowance
between Lots 2 and 3,
Broken Front Concession, Welland River,
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 14, Reference Plan 59R-6996.
1 :NTS
January 2003
Applicant:
City of Niagara Falls
AM-20/1999
S:'~oning'CdvlS\ 1999'¢dvl-20\T6.ap r
SCHEDULE 9 TO BY-LAW No. 2003-
Subject Land-~=-
Miller Road
Amending Site Plan Control By-law 2001-103
Description: Part of Township Lots 15 & 16, Concession 1, ~
Former Township of Willoughby,
now in The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 8, and Parts 10 to 17, I:NTS
Reference Plan 59R-5128.
Applicant:
City of Niagara Falls
January 2003
AM-20/1999
S:~Zoning'CdvlS\ 1999Ltd'd-20\T3,7,8,10,12.apr
SCHEDULE 10 TO BY-LAW No. 2003-
Subject Land-=-=-
Detenbeck Road
Amending Site Plan Control By-law 2001-103
Description:
Part of Township Lot 10, Concession 2,
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara,
being, Parts 1 to 22, Reference Plan 59R-7414.
1 :NTS
Applicant:
City of Niagara Falls
January 2003
AM-20/1999
S 5Zoning~dvlS\1999La3*l-20\T 14.apr
SCHEDULE 11 TO BY-LAW No. 2003-
Subject Land-=-=~
Amending Site Plan Control By-law 2001-103
Description: Part of Township Lot 15, ~
Broken Front Concession, Niagara River,
Former Township of Willoughby, now in
The City of Niagara Falls,
in the Regional Municipality of Niagara, ~.~Ts
being, Parts 1 to 8, Reference Plan 59R-5340.
Applicant:
City of Niagara Falls
AM-20/1999
January 2003
S :kZoningkAMS\ 1999Ladvl-20\T3,7, 8,10,12. apr
The City of
Niagara Falls~
Canada
Corporate Services Department
Planning & Development
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) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-10
Doug Darbyson
Director
February 1 O, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-10, Request for Removal of Part Lot Control
8040/8042 Post Road
Lot 22, Registered Plan 59M-78
Owners: Kevin & Lisa Maves
RECOMMENDATION:
It is recommended that:
1)
Council approve the request and pass the by-law t'o designate Lot 22, Registered Plan 59M-
78, as exempt fi.om Part Lot Control; and
2)
the applicant be required to notify the City when the separate deeds as described in this report
have been registered.
BACKGROUND:
In a letter dated January 6, 2003, the applicant submitted a request to remove this property on the
south side of Post Road from Part Lot Control (see attached letter and location map - Schedule 1).
This process enables the division of lots or blocks within a registered plan of subdivision. The
general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the
separation of semi-detached or on-street townhouse units.
The subject land is within the Ascot Woods Extension 1 plan of subdivision that was registered in
1979. This lot was originally reserved by the City for a possible road connection to the south, but
is no longer needed as an alternative street design has been established in the area. Building permits
were issued in September and October 2002 for the semi-detached dwelling on the property.
Through the construction process, separate connections for water services, sanitary and storm sewer
laterals were provided for each unit. The attached Reference Plan 59R-11949 (Schedule 2) shows
the configuration of the lot, building foundation and centreline of the common wall between the
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Clerks · Finance · Human Resources · Information Systems · Legal · Planning&Development
February 10, 2003 - 2 - PD-2003-10
units. The land is appropriately zoned Residential Single Family and Two Family (1t2) through
Zoning By-law 79-200 and the building setbacks satisfy the zoning provisions. Approval of the Part
Lot Control by-law is required so that property lines can be created between the dwelling units to
allow their sale with each unit having a separate deed.
CONCLUSION:
The removal of Part Lot Control will permit the division of the land to allow separate ownership of
each semi-detached unit. The use of this Planning Act mechanism is appropriate. The applicant
should advise the City when the land transactions described in this report have been completed.
If Council approves the recommendation of this report, the by-law to designate the land as exempt
from Part Lot Control is included in tonight's Council agenda to allow the sale of these units to be
completed as soon as possible.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
.~. John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:ar
Attach.
S :~PDRX2003XPD2003 - 10, Part Lot Control-Maves.wpd
Kevin & Lisa Maves I '~ ..~,~_,~.., I []
Po BOX 22024 I1
Town & Country Pla~a
~iag~a Falls, ON
L2J 4J3
905-356-6165
The City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
January 6, 2003
Dear Mr. Rick Wilson:
We are the owners of a residential building lot in Niagara Falls and are in
the process of building a pair of semi detached homes. The municpal
addresses of the parcel of land are 8040 and 8042 Post Road, Lot 22,
Plan ~.M-78.
We have been asked by our financial institution to provide
documentation showing a severance of the said property into separate
parcels. On a visit to the Planning Department, it was indicated that the
property is part of a registered plan of subdivision and as such is subject
to Part Lot Control.
At-this time, we are requesting that the City of Niagara Falls allow the
separation of one semi detached dwelling from the other. Enclosed are
two copies of the registered plan as prepared by Matthews and Cameron,
as well as the prescribed fee. We are anticipating that this matter can 'be
addressed at an upcoming January council meeting.
Sincerely,
Lisa Maves
'RECEIVED
JAN - ? ?_003
PLANNING
& DEVELOPMENT
SCHEDULE 1
Removal of Part Lot Control
8040/8042 Post Road
Lot 22, Registered Plan 59M-78
Location Map
Paddock Trail Drive
3ost
Highway 420 Extension
Subject Land
1 :NTSi
SSSubdivis~PLOdeile4XLot2259M-78.apr January 2003
sc.~Dv.£ , .E®.BE ..,~ PLA. PLAN 59R--I~q
PART AREA I LOCAtiON P.LN. TO BE DEPOSI'~D UNDER
PARTS 1 ~ 2 MAKE UP ALL OF PiN 64304-0125(LT) Octobe~ 11. 2002~DATE
~ ALL FOUND MONUMENTATION SHO~ ON THIS PLAN WAS PLANTED
~ ....... "~) ~ IMPERIAL NO~E
~ DISTANCES SHO~ ~ THIS PLAN ARE IN FEET AN~ (~AN
203. t3' (~ · ~) C¢~ 5~.0' (~ ~ ~et) ~* 35.67'(.= ~ me.~) ~ O33e) C~VER~D ~O METRE5 BY MULTIPL~NC BY 0.5048
~ I BEARING NOTE
of ~ ~ ~ , ~ ~ ~]~. ~ 5~TH/RLY LIMIT ~ POST ROAD, AS SHO~ ON PLAN M-78,
p~: N88'56'~0'E
I ~ ~ I LEGEND
~ ~ (seml-de~o ched dwelling) ~ I · e? ~ ~-4245
I ~ ~ o.s. ~ I ~,~ ~.~ .~.. o.~.~
PART 1, I PART 2. :¢ ~ : I PL~ ~ SUR~Y~
PLAN 5gR-4544 ~ PLAN 5g~-4544~ ~ ~ PART 4,
~:' ~ P~. ~3o~-o~2~ ~ LOT 2~, PLAN ~-78
I PIN 64304-0126 , e.~' ~.~' ~ PLAN 5gR-4245 I
' ~ LOT 22 ; '
I ~ .~, 33.o' ~ . 3~.o' ~{{,,~ ~ I REGIONAL MUNICIPALITY OF NIAGARA
~ .... MA~[~, CA~(~, H[~ - KERRY T. ~ ~R~NG LI~ED
/ '~ ~: ~ SURVEYOR'S CERTIFICATE
DATE ~LLAN~ J. HEY~OD
~lario~ LOnd Sufve~r
/ ~; / , / / '~atthe~, Cameron, Heyw~d - Kerry T. Howe
~ ~. ,
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
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) 356-2354
planning@city.niagarafalls.on.ca
February 10, 2003
PD-2003-'I 4
Doug Darbyson
Director
His Worship Mayor Wayne Thomson
and Members of the .Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-14, Amending Zoning By-law
AM-32/2000, 5840 Dunn Street
Applicant: Michael Colaneri & Tara Colaneri
Proposed 4-storey, 16-unit Apartment Dwelling
RECOMMENDATION:
It is recommended that Council pass the amending by-law included in tonight's agenda to permit
the construction of a 4-storey, 16-unit apartment dwelling on the southwest comer of Dunn Street
and Ailanthus Avenue in keeping with the recent Ontario Municipal Board Decision and Order.
BACKGROUND:
On October 7, 2002, Council reaffirmed by resolution its refusal to adopt an official plan amendment
which was approved in principle in 2000, to permit the development of a 5-storey, 27-unit apartment
building at 5840 Dunn Street. Council was asked to do so because the applicant appealed the matter
to the Ontario Municipal Board (Board) and the Board required Council's position to be submitted
with the appeal. The applicant also appealed a related zoning amendment application directly to the
Board.
On January 13, 2003, staff reported to Council that the applicants had met with the area residents
who were opposed to the project and that the parties had agreed to changes to an amending by-law
that would only permit the development of a 4-storey, 16-unit apartment building. The lesser density
eliminated the need for an amendment to the City's Official Plan. Council authorized the Mayor and
Clerk to sign the Minutes of Settlement and staff to attend before the Board to speak to the matter.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
February10,2003 -2- PD-2003-14
The Board held a hearing on the matter on January 22, 2003. After heating about the Minutes of
Settlement, that the building would be limited to 12.2 metres in height, including a roof feature, and
that the roof feature would include peaked parapet features at points above the fourth storey, the
Board ordered that the appeal was allowed in part and that the City's Zoning By-law was amended
to permit the development as agreed to by the parties.
In light of the Board's order it would be appropriate for Council to pass the amending by-law
included in tonight's agenda so that a number can be assigned to it for record keeping purposes.
Prepared by:
Ken Mech
Manager of Current Planning
Respectfully submitted:
'~.~John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
S:XPDR~2003~PD2003-14, AM-32-00 5840 Dunn St. wpd
Niagara Falls I1~1~
Corporate Services Department
Clerk's Division
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) 356-9083
E-mail: diorfida@city.niagarafalls.on.ca
CD-2003-02
Dean Iorfida
City Clerk
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
CD-2003-02, Local Architectural Conservation Advisory
Committee (LACAC) - Revisions to Terms of Reference
RECOMMENDATION:
It is recommended that staffbe directed to undertake the revisions to the Terms of Reference for the
Local Architectural Conservation Advisory Committee to change the name, remove the reference to City
Historian, revise the composition to seven (7) members and, when completed, formalize the Terms of
Reference in a by-law to be passed by City Council.
BACKGROUND:
City Council, at the October 24, 2002 meeting, considered a letter of resignation from Sherman Zavitz
to relinquish his position on the Local Architectural Conservation Advisory Committee (LACAC). At
that meeting, Council adopted the motion:
"THAT a report be brought back regarding LACAC and the resignation of the City
Historian, Mr. Sherman Zavitz."
Since the position of City Historian is specifically mentioned in the Terms of Reference governing
LACAC's mandate and responsibilities, it is necessary to also look at the Terms of Reference at this
time.
In order to assist with the preparation of this report, Dean Iorfida and Alex Herlovitch attended the
LACAC meeting November 6, 2002 and circulated a list of standard questions in order to stimulate
discussion and gain insight into the Committee's role in the community. LACAC members were invited
to meet with Mr. Iorfida or Mr. Herlovitch, individually. No individual on the Committee was forced
to meet with staffer fill out the questionnaire if they did not want to. The answers to the questionnaires
were extensive and candid enough that individual interviews did not seem necessary. The City Clerk
spoke with Sherman Zavitz by telephone.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
February 10, 2003 - 2 - CD-2003-02
Resignation of City Historian
In his letter of resignation and subsequent telephone conversation, Mr. Sherman Zavitz stated that he
must cut back on his commitments. Mr. Zavitz indicated that he had been on the Committee since 1995
and found the time demands had increased from four (4) meetings per year to monthly. The City
Historian stated that he is embarking on the preparation of a new history book for the City to mark its
centennial in 2004. Accordingly, he can no longer attend the LACAC meetings, but would be willing
to serve in an advisory capacity on an as-needed basis.
This is only the second resignation ofa LACAC member during this term of appointment. The previous
resignation came from Kathleen Powell when she was hired as Manager of Museums with the City.
Responsibilities
The Local Architectural Conservation Advisory Committee is established under the Ontario Heritage
Act. It should be stressed that LACAC is the creation of Council. It has no independent authority. It
is up to Council whether it wishes to ratify recommendations brought forward by the Committee.
Nevertheless, the Act does provide that the Committee should be consulted for advice on matters of
individual property designations (Part IV) and heritage district designations (Part V). LACAC is to be
established by by-law. Council sets the Terms of Reference for the Committee (Attachment 1) which
further spells out the responsibilities of LACAC.
The Ontario Heritage Act was amended by the recent enactment of the Government Efficiency Act.
Amendments to the Heritage Act included a change of name from LACAC to Municipal Heritage
Committee. In addition to having the Committee advise and assist Council on matters related to Part IV
(individual designation) and Part V (district designation), the changes now provide Council with the
ability to confer on the Committee "such other heritage matters as the council may specify by by-law".
This is a discretionary provision granted to City Council.
Composition
The Ontario Heritage Act prescribes that LACAC shall be comprised of no fewer than five (5) members.
The Terms of Reference for the Niagara Falls LACAC provides for a total of eight (8) members
consisting six (6) citizen appointees, the City Historian and one aldermanic representative. The
resignation of Sherman Zavitz will leave the historian's position unfilled.
Sherman Zavitz has indicated that he would be willing to serve in an advisory capacity to the
Committee, as necessary. It should be noted that the current Terms of Reference already provides that
the "Committee will invite other persons to participate in the Committee deliberations in order to benefit
from additional expertise". LACAC has, in the past, called upon the Manager of Museums, City of
Niagara Falls Reference Librarian and Brock University Special Collections Librarian, for assistance.
No change is needed to include the City Historian in an advisory role. Such advisory assignations
should be encouraged.
The observation of the Committee, at its meeting, was that it functions fine. The members are very
committed to the goals of heritage preservation and, rightfully, feel they are providing a valuable
volunteer service to the municipality. The members are all articulate and have definite opinions. There
was no evidence that the Committee was functioning any differently than any group in which there are
individual and diverse opinions. It should also be noted that the LACAC meetings are open to the public
February 10, 2003 - 3 -
and Council members are encouraged to attend.
CD-2003-02
LACAC Operations
Based on a review of LACAC operations, comments of Committee members and an examination of the
heritage legislation, the following observations were made.
Current members serving on the Committee bring together a wide range of expertise involving
both formal and informal training in engineering, drafting, interior design, research/writing and
hands-on restoration. The recommendations of the Committee are those based on the consensus
building process.
The LACAC members are dedicated volunteers appointed by Council for a three-year period
which expires with the current term of Council.
The resignation of the City Historian occurred for personal reasons and does not signal
difficulties within the LACAC structure. It will be necessary, nevertheless, to revise the Terms
of Reference to remove this position from the Committee's composition.
While mandated responsibilities for designated heritage properties and districts, the Committee
was established in the late 1970s before other heritage committees existed in the City and,
therefore, had informally assumed responsibility involving most areas of municipal heritage.
The Province has recognized that LACACs play a larger role in municipal heritage and recent
changes in the heritage legislation now allow Council to confer additional responsibilities on the
Committee.
Better communications between the Committee and Council are needed. LACAC is concemed
that not all of its recommendations are reaching Council.
CONCLUSIONS:
LACAC serves a valuable role recording and maintaining the inventory of heritage resource properties
in the City and providing advice on the preservation of same. Recent struggles have occurred because
other committees within the City's structure now exist and share an interest in the history and heritage
of Niagara Falls (ie. Heritage Week Committee under the Civic Committee, Arts and Culture
Commission under the Recreation Commission). It is possible to undertake some changes now and to
implement further refinements once the forthcoming Heritage Master Plan is complete.
LACAC is an advisory body of Council. Council makes all decisions. While this is understood,
it is not stated in the Terms of Reference. The Terms of Reference should be revised accordingly
and adopted by by-law.
The Terms of Reference should be revised to remove reference to the City Historian. This will
leave a committee of seven (7) members which is a workable number.
Recent changes to the Ontario Heritage Act now refer to the Municipal Heritage Committee
instead of LACAC. The Act provides that any LACAC previously appointed under the old Act
February 10, 2003 - 4 - CD-2003-02
will serve as a Municipal Heritage Committee. A revision to the Terms of Reference to change
the name from Niagara Falls LACAC to Niagara Falls MuniciPal Heritage Committee would be
in keeping with the Act.
The Ontario Heritage Act prescribes that Municipal Heritage Committees be consulted on
matters conceming individual designation and district designation and related issues involving
alteration and demolition of designated properties. This is the Committee's primary function.
Further changes to the Ontario Heritage Act now allow Council to prescribe other heritage
functions as it sees fit. The current wording in the Terms of Reference is very general regarding
other heritage matters. No further functions should be assigned to this Committee until the
Heritage Master Plan is complete.
The Heritage Master Plan will clarify the roles and responsibilities between the various heritage
committees and groups which report to Council. Until the study is complete, staff should take
a proactive role in coordinating current committee functions involving heritage matters.
Communications with Council could be improved by circulating Municipal Heritage Committee
(LACAC) minutes in the Council packages. Committee actions should go through Council for
decision/confirmation. The Committee Chair, Aldermanic representative or Committee designate
could attend Council meetings to address the issues contained in reports being presented to
Council.
The Committee's Procedures and Protocol call for informal consensus on matters of advice to
Council with matters requiring Council's action confn'med by resolution. Dissenting views are
recorded in the minutes. The Committee could benefit by following proper protocol during
meetings.
Prepared by:
City Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
and
Alex Herlovitch
Deputy Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AH/DI:tc
CITY OF NIAGARA FALLS
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (LACAC)
TERMS OF RI~J~RF~CE
1. ,PREAMBLE
It is the policy of the City of Niagara Falls to recognize, protect and promote the heritage
resources of the City. City Council ha~ e~blished a Lo~ Architectural Conservation Advisory
Committee to ~ch, record, advise and provide educational material to benefit Council,
residents/property owners and visitors concerning the importance of social, cultural and
economic heritage of the City.
The Committee is a Committee of Council established in accordance with these Terms
of Reference to research, advise and assist Council and the public on matters under Parts IV and
V of the Ontario Heritage Act, R.S.O. 1990 relating to the preservation of significant buildings,
stmc0a'es, sites or districts; maintain a record of Heritage Resource Properties in the City and
participate in programs which promote the City's heritage.
3. RF~PONSIBILITIP.$
Based on the City policies and Committee mandate, the Committee will establish its
priorities and develop an annual work· program. The Committee may consider matters which
members deem to be of importance and within the Committee's mandate. The Committee will
also consider matters referred to it by Council or other standing Committees of Council.
Additionally, the Committee may also consider matters identified by members of the public; such
matters should be identified and explained in writing, addressed to the Chair.
The Committee's responsibilities will generally relate to the following areas of activities:
i) to advise and aSsist Council On all matters relating to Parts IV and V of the
· Ontario Heritage'Act;
to advise and assist Council on any other matters relating to buildings and dreas
of architectural and/or historical significance;
iii) to establish criteria for the'evalUation of properties of architectural and/or
historical value.:or'interest; '
iv)
to prepare and maintain a list of Heritage Resource Properties and areas worthy
of conservation;
v) to advise Council on the means of conserving heritage properties and areas;
e
-2-
vi) to advise Council on current heritage conservation legislation and to assist
Council in the preparation of municipal legislation to conserve heritage properties
and areas;
vii) to implement programs and activities to increase public awareness and knowledge
of heritage' conservation issues;
viii) to participate with and advise property owners on the best methods of
preservation of historic materials and architectural features; and
xi) to review and process grant applications for restoration of designated propertiesl
h)
The Committee shall .. consist of the City Historian, one Alderman and six
members of tho public at large as appointed by Council.
Thc Committee shall at its first meeting of each term, elect a Chair from its
membership. "
The term of office for members and the chair will be three years, coinciding with
the term of City Council..
d) The Council may invite Or appoint new members at any time to replace those who
resign. '~ ·
PROCEDURKS AND PROTO¢O
a) Decision Malting
The CommiRee..will-s~xeach-informal consensus on matters of which it
wishes to advise City C~..ml...~il, when those matters are of a general or guiding
When consensus is not possible, the nature of the reservations held by some
members should be duly recorded along with the prevailing views. When advice
of a specific na.ture .rl~q.~ ~g Council action is indicated, such action will be by
resolution. A resolutioq29f,~¢.Committee will be adopted on a motion, carried
by simple majority vote. A quorum will be required.
A quorum consists of a minimum of four voting members of the Committee.
b) Meetin~
i)
Meetings shall be held at the call of the Chair with no less than one
meeting each q ,uarter year.
e)
-3-
Meetings will generally be open to the public. -From time to time, thc
committee or the Chair may call an in-camera session to discuss personnel
matters, matters of litigation and financial issues.
Conflict of Interest
The Conflict of Interest Act for municipal Aldermen shall apply in dealing with
matters before the Committee.
Subcommittee or Staff Dire~i0n
The Committee may, from time to time, deem it appropriate to establish a
subcommi_n_ee- or direct staff to ~ and prepare discussion reports on specific
aspects 'of the Committee's responsibilities. The Committee will review the
report prepared by the subcommittee or staff and determine appropriate action.
Administration and Support
The Committee's general administrative and support needs will be met by the
Planning and Development Department. Each City department will provide the
required research, background information, etc. required for Committee
deliberations, and will ensure their depaxtment's participation in projects as
required by the Committee.
Costs associa~ with the normal administration and special projects related to the
Committee's activities will be taken from the Committee's budget, established
annually bY ~ This .budget will be administered through' the Planning and
Devel°Pment 'Department at the discretion of the Committee and with Council's
prior approval for major disbursements.
6. LIAmON
In the interest of 'efficiency and protocol, the Committee will liaise with others, as
follows:
i)
Ensure that Council is made aware of major work programs, activities and
the. operational budget of the Committee.
ii) Ensure that Council policies are reflected in the Committee's operations.
-4-
iii)
b) Other
Provide-recommendations, to Council,. where" appropriate,
relating to.ibc Committee's mandatd.
Commlttees of Council
on matters
i) Establish and maintain liaison with~otherCommittees.
Hold joint meetings with other committees to discuss common issues, as
required.
c) Outside Agencies, Organizations and the Public
Liaise with the regional, provincial and federal governments and their
agencies, as well as their counterparts in the United States of America,
and with special interest groups and individuals, and other City agencies
as required to conduct its activities.
iO
Maintain such relationships as are deemed neCeSsary and appropriate to
the best interest of Council.
The Committee will from time to time invite other persons to participate
in Committee deliberations in order to benefit from additional expertise
pertaining to subjects being discussed, or to be briefed on the policies and
activities of government bodies or other organizations dealing with matters
relating to these subjects.
7. AME~MENT OF TERMS OF REFERENCE
The Committee may direct staff :to prepare draft amendments and/or revisions to the
Terms of Reference at any time. The Committee will obtain Council approval before such
amendments and/or revisions take effect._
FILB: $ :kHlkLACAC\CM~TERMSREF
The City of
Niagara FallsI
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-2003-12
Todd Barclay
Chair
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-12, Matters Arising from the Local
Architectural Conservation Advisory Committee (LACAC)
RECOMMENDATION:
It is recommended that Council the three (3) matters arising from the Local Architectural
Conservation Advisory Committee (LACAC) be endorsed.
BACKGROUND:
The following matters were discussed by LACAC and are brought forward for Council's
consideration.
1. Heritage Week
Since 1974, Heritage Canada has recognized the third Monday in February as Heritage Day.
Because of Ontario's rich and diverse heritage, the Province expanded it in 1985 to Heritage
Week. The theme for Heritage Week is determined by the Federal Government in
conjunction with the Heritage Canada Foundation.
This year's theme is "Heritage of Our Town". LACAC adopted the following motion:
"THAT Council proclaim the week of February 17 to February 23,
2003 as Heritage Week in the City of Niagara Falls."
A proclamation is included in tonight's Council package agenda. Various activities are being
organized to celebrate Heritage Week including a two-day display, February 21 and 22, 2003,
at Niagara Square during Heritage Week.
2. Copper Beech Tree - Drummond Hill Cemetery
The Copper Beech tree was designated by Council in by-law 2002-134 to be of historic value
and interest. The Parks, Recreation and Culture Division presented a program to undertake
Wor~in0 Tooet~er to Serve Our Comm~mit~
February 10, 2003 - 2 - PD-2003-12
maintenance practices on the Copper Beech Tree in order to preserve this unique and
magnificent specimen for years to come. The work on the tree will include such practices as:
pruning, bracing and cabling, fertilization, etc. The Heritage Act prescribes that Council
approve any work on a designated property which may affect the heritage attributes and that
LACAC be consulted. The Committee has discussed the maintenance program of the tree and
agreed that the prescribed maintenance program ensures protection of the designated Copper
Beech tree and preserves the reasons for designation.
3. Buchner House - 6172 Buchner Place
The owner of the Buchner house, Wayne Scott, approached the LACAC Chair and City staff
and verbally advised them of his intention to install vinyl siding over the existing stucco
exterior. The matter was brought to the LACAC for their consideration. The Committee felt
they needed more information to discuss the matter further. LACAC also wished to review the
reasons for designation and to meet with the property owner before making a recommendation.
The following motion was adopted:
"THAT LACAC defer consideration of a verbal request from the
homeowner to install vinyl siding on the house pending obtaining
additional information from the property owners."
While waiting for this additional information from the property owners, it was discovered that
the vinyl siding has been installed on the house without obtaining Council approval. The
procedure that should have been followed is laid out in the following points:
The owner of the designated property should be seeking approval from Council on any
proposed changes to their property that would affect the reasons for the designation.
· Council would then refer the matter to LACAC for advice on the matter.
LACAC would then refer to the designating by-law for the property and perhaps meet
with the property owner to seek clarification on the proposed alterations.
LACAC would then advise Council on the appropriateness of the proposed alterations
so that Council can give or refuse approval.
Notwithstanding the process, the Local Architectural Conservation Advisory Committee
discussed the changes that took place and have concluded that the property was originally
designated for its historical significance and not its architectural significance.
Respectfully Submitted:
Local Areal Conservation Advisory
Committee
BM:tc
SSPDR~2003~PD2003-12, Matters Arising from LACAC.wpd
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 356-2354
planning@city, niagarafalls.on.ca
PD-2003-15
Doug Darbyson
Director
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-15, Proposed Changes to the Ontario Heritage Act
through the Government Efficiency Act
RECOMMENDATION:
It is recommended that this report be received for the information of Council.
BACKGROUND:
The Ministry of Culture has made changes to the Ontario Heritage Act as part of the Government
Efficiency Act, which received first Reading as Bill 179 on September 25, 2002. The Government
Efficiency Act received Royal Assent on November 26, 2002 and introduced amendments to various
parts of Provincial legislation including the Ontario Heritage Act. These changes are now in effect.
Hightlights of Changes
The amendments to the Ontario Heritage Act focus on archaeology and municipal heritage protection
tools. The key changes are outlined below.
1, Built Heritage Changes
Change Local Architectural Conservation Advisory Committee (ie., LACAC) to "municipal
heritage committee" to update name.
Allow municipal heritage committees to advise council on all cultural heritage matters, not
just buildings and districts (e.g., archaeological sites, cultural landscapes).
Require that the "reason for designation" statement include a description of the specific
"heritage attributes" of the property so it is clear what aspects need to be conserved.
Worb, i~0 Tooet~er to Serve Our Communit~
February 10, 2003 - 2 - PD-2003-15
Strengthen demolition controls across Ontario by:
allowing municipalities to prohibit demolition of designated properties until the owner
has obtained a permit for a replacement building
providing that the replacement building must be built within two years (council can
waive or extend this time limit)
increasing the maximum fine from $250,000 to $1 million for illegally demolishing
designated properties
2. Archaeology Changes
Clarify that a licence is required to alter or remove artifacts from an archaeological site (a
licence is not required for normal agricultural work or routine maintenance of property).
· Clarify that archaeological sites include marine sites.
Simplify the Act by replacing the various terms used for archaeology with the single term
"archaeological fieldwork".
Allow the Ministry to define by regulation key terms that are not currently defined in the
Act (e.g., ."archaeological site").
Give the Ministry the ability to put in regulation licence categories, eligibility criteria and
requirements.
· Clarify that the Ministry licenses individuals, not companies or institutions
Specify that the activities proposed by licence applicants must be consistent with the
conservation, protection and preservation of Ontario's heritage.
· Provide the Ministry with the option of issue lifetime licences in the future.
· Take licensing forms out of regulation so they can be updated more easily.
CONCLUSION:
This report is brought to Council to advise of changes brought about by the Government Efficiency Act
which amends statutes to clarify, update, streamline and improve provisions in the Ontario Heritage Act.
Prepared by:
Bill Matson
Assistant Planner
Approved by:
T. Ravenda
Executive Director of Corporate Services.
Recommended by:
Director of Planning & Development
BM:tc
Respectfully submitted:
John MacDonald
Chief Administrative Officer
S:\PDR~003~PD2003-15, Changes to Ont Her Act thru Gov Elf Act.wpd
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-maih
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2003-14
R. O. Kallio
City Solicitor
February 1 O, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-14
City of Niagara Falls transfer to
The Trustees of Lundy's Lane United Church
Lot 94, Plan 330
Our File No. 2003-37
RECOMMENDATION:
That Lot 94, Plan 330 be declared surplus and transferred to The Trustees of Lundy's Lane United
Church, for the sum of $650.00, which amount was paid to the City in 1956 pursuant to an
Agreement.
BACKGROUND:
The City of Niagara Falls acquired Lots 91, 93 and 94, Plan 330 as shown on Appendix "1" attached,
under a Tax Sale Deed and Tax Arrears Certificate. The lands are located north of Lundy's Lane and
east of Lowell Avenue. The Trustees of Lundy's Lane United Church own or have acquired the
lands as shown in heavy outline on Appendix "1" attached.
Attached as Appendix "2" is By-law No. 4250, dated June 21, 1948 with an Agreement between
The Corporation of the City of Niagara Falls (Ontario) ("the City") and The Board of Trustees of
Lundy's Lane United Church of Canada, ("the United Church"), attached to it. The Agreement sets
out that the City sell Lot 93 on Plan 43, now known as Plan 330 to the United Church. Registry
Office records indicate that the transfer was completed.
Attached as Appendix "3" is By-law No. 4411, dated May 16, 1949 with an Agreement between The
Corporation of the City of Niagara Falls (Ontario) ("the City") and Falls Construction Company
Working Together to Serve Our Community
Clerks · Finance · Human Resoumes · Information Systems · Legal · Planning & Development
February 10, 2003 - 2 - L-2003-14
Limited, ("Falls Construction"), attached to it. The Agreement sets out that the City sell Lot 91 on
Plan 43, now known as Plan 330 to Falls Construction. Registry Office records indicate that the
transfer was completed.
Attached as Appendix "4" is By-law No. 5224, dated March 7, 1955 with an Agreement between
The Corporation of the City of Niagara Falls (Ontario) ("the City") and The Board of Trustees of
Lundy's Lane United Church of Canada, ("the United Church), attached to it. The Agreement sets
out that the City sell Lot 91 on Plan 43, now known as Plan 330 to the United Church. However,
as set out above and searching at the Registry Office confirms, Lot 91, Plan 43, now known as Plan
330 was already deeded to Falls Construction, in 1949.
Further investigation with our Finance Department, indicates that the United Church is paying the
taxes on Lot 94, Plan 330.
Therefore, it is believed that By-law No. 5224 and the Agreement attached thereto, incorrectly
described the lands intended to be transferred from the City to the United Church, as Lot "91" and
not as it should have been as Lot "94".
The Agreement found in Appendix "4" further provided that the City sell LOt 91, Plan 43, now
known as Plan 330, provided that the United Church erects a structure of the value of at least
$25,000.00 upon the lands within a period of one year fi.om the date of the Agreement. The
Agreement further states that upon proof of erection of the structure the City would provide a Deed
to the lands to be drawn at the City's expense.
A site visit and confirmation fi.om our Assessment Office indicates and confirms that a 2300 square
feet "structure" was erected on Lot 94, Plan 330 in 1956. Therefore the provision stipulated in the
Agreement attached under Appendix "4" was complied with, in that, a structure of the value of at
least $25,000.00 was constructed within one year of the date of the Agreement.
It would appear that in 1956, upon completion of construction of the structure, the Deed in the
amount of $650.00, was never given to the United Church fi.om the City.
Prepare¢'by:
Mary Morrofie
Law Clerk
dby:
City Solicitor
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
.,/
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To authorize the execution of an a~reement for sale a~l deed.
The Municipal Council of the Corporation of the City of
ara F~l~s ENACTS A~
The Mayor an~ Clerk a~e hereby authorized to enter
~nto an a~reem~nt for sale of~Nisener Street, accordiag
to Plan ~3, regietere~ for the City o~ Niagara Falls, describe~
in the attached fox~a of agreement for sale ~ated the twenty-
first ~ay of June, 19~, at the px-Ace an~ upon the terms men-
tic. ecl in the said a~ree~ent, such a~reement to be execute~
~ler the Corporate Seal; an~ upo~ perfor~-e of the said ag-
reement to the satiafacti~ ~f the City Naaager, the Mayor
Clerk a~e authorize~ to execute a~l deliver a ~ee~ to the pur-
chaser thereof without any other covenant for title than that
It has not enoum~ere~l t~e lands; an~ to attach to the said
the Corl~rate Seal of.the M~nicipality.
~D a thir~ tl~e an~ passed in Council this ~ day of
/.~-~.~ ~. ~.~8.
with the ~ttoa ~ ~ O~ a~ ~ ~~ t~ ~ tm t~
e~ eealS~.
· o a~hhorize the execution of an
reeaent for sale am~ ~ee~..
Lot 9~, Plan ~3, l~i~emer Street,
Lund~v's Lane Ualte~ Church of
C a~a~a.
X
Z
APPROVI;D
NAY 2~ I~
AfFA~M~
APPI~OV~D
To authorize the execution of an agreement for s.~le and deed.
The Council of the Municipal Corporation of the City of Niagara Falls
enacts as follows:
1. The Mayor~ and Clerk are hereby authorized to enter
into an agreement for sale .o~t~ according to Plan ~3, registered
for the City of Niagara Falls, described in the attached form of
'agreement for sale, dated the 3rd. day of March, 1955 at the price and
upon the terms mentioned in the said agreement, such agreement to be
executed under the Corporate Seal and upon performance of the said
agreement to the satisfaction of the City Nanager, the Mayor and Clerk
are authorized to. execute and deliver a deed to the purchaser thereof
without ar~ other covenant for title than that it ha~ not encumbered the
lands, and to attach to the said deed the Corporate Seal of the municipality.
X
Read a third time and passed in Council this 7th day of March, A.D.,19$5.
MARCH
................................. ~9~.
CORPORATION
THE CI-TT OF NIAO~hWA FALLS
~-m~ ~o..~..~.. ?
To authorize the eXecution of an Agree-
ment for sale and deed.
The City of jill~
Niagara FallslJl~
I -
Fire Services - Fire Prevention Office
5809 Morrison Street
Niagara Falls, ON L2E 2E8
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-1321 ext. 207
Fax: (905) 356-1583
Patrick R. Burke
Fire Chief
FS-2003-03
February 10, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: FS-2003-03 Defibrillator Agreement With Base Hospital
RECOMMENDATION:
That Council authorize the Mayor and the City Clerk to execute an agreement with Niagara Health System
to provide defibrillation services in the areas of the city served by the firefighters at Stations 4, 5, and 6.
BACKGROUND:
Since 1995, Station 4 in Chippawa has been providing defibrillation services to the community. However,
they will be switching over from a semi-automatic external defibrillator (SAED) to an automatic external
defibrillator (AED). Stations 5 and 6 will be entering the program for the first time. The AED units are
provided by the Region at no cost to the Corporation and are similar to the units found in public buildings
in the city. The advantage of the AED in the Station 4, 5, and 6 areas is that there is less training required
in order to maintain certification.
An agreement has been drafted by the legal departments of Niagara Health System and The Corporation
of the City of Niagara Falls (copy attached) which covers training issues, equipment repairs and any other
associated costs. Money for associated costs is included in the 2003 operating budget.
Defibrillation is a vital service to the community that can save lives where response and intervention are
timely. This will be an important expansion of service in these areas of the city.
Working smoke alarms save Hves. Check your smoke alarm.
Working Together to Serve Our Community
February 10, 2003 -2- FS-2003-03
Prepared by:
Patrick R. Burke
Fire Chief
Recommended by:
Ed Lustig
Director of Fire Services
Respectfully submitted by:
.~. John MacDonald
Chief Administrative Officer
CR/Is
THIS AGREEMENT made this ~ day of
CITY OF NIAGARA FALLS (STATIONS 4, 5 & 6).
2003 and authorized by the
BETWEEN:
Niagara Health System (Greater Nia.qara General Hospital Site and/or its successor)
(hereinafter referred to as "NHS")
OF THE FIRST PART;
- AND -
THE CORPORATION OF THE CITY OF NIAGARA FALLS (STATIONS 4~ $ & 6)
(hereinafter referred to as the "City")
OF THE SECOND PART;
WHEREAS The Niagara Health System (Greater Niagara General Hospital Site and/or its
successor) is the Niagara Regional Base Hospital Paramedic Program for the purposes of
initiating and establishing a rapid defibrillation program and through the Niagara Regional Base
Hospital Medical Director have contacted The Corporation of the City of Niagara Falls (Stations 4,
5 & 6) for purposes of delivering the rapid defibrillation program through the City's Fire
Department;
AND WHEREAS defibrillation is an act in the practise of medicine and may only be delivered
under the auspices of a physician licensed in Ontario who agrees to delegate such an act on his
or her licence;
AND WHEREAS the Volunteer Firefighter Defibrillation Medical Director who delegates the
medical act of defibrillation to the City's Fire Department personnel, shall be accountable for all
aspects of training, certification, recertification and shall ensure ongoing medical quality control;
AND WHEREAS The Corporation of the City of Niagara Falls (Stations 4, 5 & 6) for purposes of
delivering the rapid defibrillation service have agreed to act as an agent of the Volunteer
Firefighter Defibrillation Medical Director as appointed by NHS for the purposes of implementation
of the Fire Department Defibrillation Program.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual terms
and conditions herein contained the parties hereto hereby covenant and agree as follows:
a)
b)
c)
d)
e)
g)
h)
i)
J)
k)
I)
m)
DEFINITIONS
In this Agreement the following words and phrases have the following meanings:
"City" shall mean The Corporation of the City of Niagara Falls (Stations 4, 5 & 6);
"Defibrillation Instructor" means a person who has been certified as a defibrillation
instructor by the Volunteer Firefighter Defibrillation Medical Director;
"Defibrillation provider" means a person who has been trained and has successfully
obtained certification entitling them to provide defibrillation to persons without vital signs;
"Fire Chief" means the Fire Chief or in his absence, the Acting Fire Chief, for the City
of Niagara Falls (Stations 4, 5 & 6) Fire Department;
"Fire Department" means the Fire Department for the City of Niagara Falls (Stations 4, 5 &
6);
"Fire Department Defibrillation Co-ordinator" means the individual appointed by the Fire
Department under section 10 of the agreement herein;
"Fire Department Defibrillation Program"( hereinafter referred to as "F.D.D.P.") means the
program for the training, testing and certifying of volunteer firefighters in the Fire
Department for the City from time to time, for the carrying out of the act of semi-automatic
defibrillation;
"Fire Department Defibrillation Working Committee" means the committee created for the
purposes as outlined in Section 11 of this agreement;
"Volunteer Firefighter" for the purpose of this agreement means those volunteer
firefighters employed by the City who have been designated and identified as being
required to train to become defibrillation providers;
"Niagara Health System (Greater Niagara General Hospital Site and/or its successor)
(hereinafter referred to as "NHS") means the Niagara Health System (Greater Niagara
General Hospital Site and/or its successor) for the purposes of this agreement being the
Niagara Regional Base Hospital Paramedic Program;
"Niagara Regional Base Hospital Medical Director" means the medical director from time
to time of the Niagara Regional Base Hospital Paramedic Program.
"Medical Assist Report" (hereinafter referred to as "MAR"), means a report provided on a
form which belongs to the NHS, as well as the information contained therein, designated
to be completed, for the purpose of recording the circumstances and patient care delivery
by the volunteer firefighters in conjunction with all cardiac arrest calls;
"Volunteer Firefighter Defibrillation Medical Director" means the medical director for the
geographic area of the City of Niagara Falls (Stations 4, 5 & 6) as appointed by NHS, for
the purposes of implementing and operating the Fire Department Defibrillation Program
which is the subject of this agreement;
2
n)
"Data Flash Card" means the card which when inserted into the unit will collect up to four
hours of data. This data system is able to differentiate between events and will give new
events separate date/time stamps;
o)
"Base Hospital" means the Niagara Health System (Greater Niagara General Hospital Site
and/or its successor) (NHS) as designated by the Ministry of Health to provide medical
direction, training and quality assurance and ongoing medical quality control to pre-hospital
care providers within the Regional Municipality of Niagara.
p) "VSA" means vital signs absent.
2. DELEGATION OF ACT OF DEFIBRILLATION
The Volunteer Firefighter Defibrillation Medical Director is authorized to delegate the act of
defibrillation which is an act in the practice of medicine. The said Volunteer firefighter Defibrillation
Medical Director has herein agreed to delegate such an act on his/her licence to the city's
defibrillation providers, subject to the following:
(a)
It is agreed that the Volunteer firefighter Defibrillation Medical Director who delegates the
act of rapid defibrillation shall be accountable for all aspects of training, certification, re-
certification and on-going medical quality assurance.
(b)
The City agrees for the purpose of delivering defibrillation, to act as an agent of the
Volunteer Frefighter Defibrillation Medical Director, pursuant to his/her training and
direction.
(c)
Both parties agree that NHS is responsible for providing a Volunteer Firefighter
Defibrillation Medical Director for the purposes of operating the Fire Department
Defibrillation Program in the City of Niagara Falls (Stations 4, 5 & 6).
3. TERM OF AGREEMENT AND CONSIDERATION
3.1
The City agrees to pay to NHS the annual amount of $3871.88 for the first year with a 5%
increase for each subsequent year for the duration of this contract, which term is set at
three (3) years, subject to earlier termination. The said amount is to cover the
administrative, quality assurance, training and certification fees related to the Fire
Department Defibrillation Program. The City shall pay to NHS the said amount upon being
invoiced by NHS. The City agrees the amount shall be divided in four equal payments to
be paid quarterly during the term of the said agreement. Payments shall be made October
1, January 1, April 1 and July 1 of each and every year for the term of the said agreement.
3.2
Specific activities and the estimated associated costs for the Fire Department Defibrillation
Program are set out in Appendix "1" attached hereto, and forming part of this agreement
as an estimated budget for purposes of reference.
3.3
The parties agree that in the event that no Volunteer firefighter Defibrillation Medical
Director is appointed or acting, NHS shall advise the City in writing forthwith, and all acts of
defibrillation shall cease immediately, and this agreement shall become null and void.
3.4
Both parties agree that it shall be NHS's responsibility to ensure that reference throughout
this agreement, to the duties of the Volunteer Firefighter Defibrillation Medical Director
shall be the responsibility and obligation of NHS.
4. TRAINING
4.1
The Volunteer Firefighter Defibrillation Medical Director shall train certified instructors to
assist with training providers and maintaining skills on an ongoing basis. The Defibrillation
Instructors will regularly conduct defibrillation practice sessions under the direction of the
Volunteer Firefighter Defibrillation Medical Director. The Volunteer Firefighter Defibrillation
Medical Director shall continue to be solely responsible for the medical control and training
package.
Either the Volunteer Firefighter Defibrillation Medical Director or a Defibrillation Instructor
shall be present during all non-certification training activities. The parties agree that a
designate may be appointed by the Volunteer Firefighter Defibrillation Medical Director to
supervise certification testing.
4.2
After the initial defibrillation training program, as provided for herein, the Fire Department
defibrillation training is to be carried out by the Volunteer Firefighter Defibrillation Medical
Director or his/her Defibrillation Instructors.
4.3
NHS, through the Volunteer Firefighter Defibrillation Medical Director or his/her designate,
shall conduct and mark wdtten examinations, conduct scenario testing and certify
volunteer firefighters on the City's Fire Department, who from time to time are deemed
qualified to provide defibrillation. The requirement for written examinations and scenario
testing refers to the initial certification process as well as future re-certification.
4.4
Defibrillation Instructors and volunteer firefighters for the City who have been certified as
defibrillation providers shall be required to recertify every year or, if deemed necessary by
the Volunteer Firefighter Defibrillation Medical Director, more frequently, to ensure proper
maintenance of defibrillation skills.
4.5
The City agrees to ensure that all defibrillation training delivered by Defibrillation
Instructors will follow the content and guidelines approved by the Volunteer Firefighter
Defibrillation Medical Director.
4.6
It shall be the responsibility of NHS, through the Volunteer Firefighter Defibrillation Medical
Director, to review the Fire Department Defibrillation Program at least once a year for
every year during the currency of this agreement. The review shall include, but shall not
be limited to the following: reviewing the teaching and testing materials, and revising the
Fire Department Defibrillation Program as needed in consultation with the Niagara
Regional Base Hospital Medical Director and with input from the Fire Department
Defibrillation Working Committee (as further described in Section 11 of this agreement).
5. TESTING
4
Once a volunteer firefighter has been qualified to provide defibrillation, it shall be a requirement
that he/she be tested and recertified every year by the Volunteer Firefighter Defibrillation Medical
Director or his/her designate. The testing and recertification process will include written and
practical components as approved of from time to time by the Volunteer Firefighter Defibrillation
Medical Director.
5.1
A volunteer firefighter who does not meet the standards set from time to time by the
Volunteer Firefighter Defibrillation Medical Director for any one of the testing components
during the initial defibrillation certification process will be required to repeat that particular
component of the testing after remedial help has been provided by a Defibrillation
Instructor. If the volunteer firefighter fails on a second attempt, he/she will be required to
repeat the full defibrillation course before being allowed any further attempts at the testing
components.
5.2
If a volunteer firefighter fails the recertification process, he or she will be deactivated from
the Fire Department Defibrillation Program.
5.3
Both parties agree that the goal of the NHS is to work with the City to ensure the success
of the Fire Department Defibrillation Program.
6. QUALITY ASSURANCE
It is the responsibility of NHS, through the Volunteer Firefighter Defibrillation Medical Director to
ensure effective quality assurance to the Fire Department Defibrillation Program. In order to fulfil
this obligation the Volunteer Firefighter Defibrillation Medical Director or his/her designate shall
review each call involving the use of a defibrillator. The review will follow a process established by
the NHS and will include an examination of the documentation and interventions. A report based
on the review will be provided to the City, by providing a copy to the Fire Department Defibrillation
Co-ordinator for distribution to the particular volunteer firefighter. A call review report is to be
reviewed by a representative of the NHS and the volunteer firefighter involved only. If there is a
patient care concern or repeated problems with protocols or documentation the Fire Department
Defibrillation Co-ordinator and the Fire Chief will be informed.
6.1
Any changes in the certification status of a volunteer firefighter will be brought to the
attention of such volunteer firefighter, the Defibrillation Co-ordinator and the Fire Chief by
the Volunteer Firefighter Defibrillation Medical Director or his/her designate within seventy-
two (72) hours of the time that any such decision is made.
6.2
(a)
The City acknowledges that it has the responsibility to ensure that all Fire
Department Defibrillation Instructors attend an annual update instructor
defibrillation course offered by NHS.
(b)
NHS through the Volunteer Firefighter Defibrillation Medical Director and the
Niagara Regional Base Hospital Medical Director will be responsible for the review
of defibrillation protocols annually, or more frequently as the need for protocol
adjustments arise. Further, NHS through the Volunteer firefighter Defibrillation
Medical Director shall ensure that defibrillation providers shall have access on a
twenty-four (24) hour basis to a qualified medical consultant with respect to the
defibrillation protocol.
5
=
7.2
7.3
=
b)
8.2
b)
c)
DOCUMENTATION
The parties agree that all forms, including rhythm strips, required to be completed by the
defibrillation providers shall be the property of NHS, and that for purposes of
administration, the City agrees to act as NHS's agent for purposes of completing the said
report(s) or forms, and that all times these forms and information shall be considered the
property of NHS.
The City shall ensure that a Medical Assist Report ("MAR") is completed for each call
where a defibrillator was used by a City of Niagara Falls (Stations 4, 5 & 6) volunteer
firefighter. The MAR forms shall be provided by NHS to the City for use by the Fire
Department. The City agrees to collect all copies of the MAR; rhythm strips and/or data
flash card from each fire station and ensure that they are returned to NHS as soon as
reasonably possible. NHS agrees that upon receipt of a data flash card it shall be returned
to the City's Fire Department as soon as reasonably possible. The parties agree that the
data flash card should only be sent to NHS if a rhythm strip is not available at the time the
MAR is submitted by the Fire Chief or his designate. The City agrees to provide a
computer printout of the call times for all "VSA" patients attended by the City's Fire
Department. Any such computer print out will include the time the call is received by the
Fire Department Dispatch Centre and the time the first defibrillation equipped vehicle
arrived at the scene of the emergency. The computer print out is to be attached to the
corresponding MAR and submitted to NHS.
The City agrees that all dispatch and defibrillator clocks are synchronized weekly, to the
National Research Council time. A record of the synchronization shall be maintained and
submitted to NHS at regular intervals.
RECORDS AND REPORTS
NHS agrees to:
Maintain a list of certified Defibrillation Instructors and volunteer firefighters based
on information to be provided by the City to NHS from time to time. An updated list
will be distributed by NHS to the City annually.
Maintain a record of all medical assist reports involving defibrillation received from
the Fire Department and of all call reviews completed together with the Computer
Dispatch Report for all calls. Such records will be kept by NHS for five (5) years
plus the current year. Submit to the City's Fire Department an annual report for
activities related to the Fire Department Defibrillation Program for the previous year
including a statistical review of cardiac arrest calls.
The City agrees to:
Maintain records and documents related to the training and testing of the City's
volunteer firefighters who are defibrillation providers for a period of five consecutive
years.
Provide to NHS, on an annual basis, a list of Defibrillation Instructors and City
volunteer firefighters who are certified defibrillation providers.
Provide to NHS a list of any City volunteer firefighters who become deactivated for
whatever reason or who leave employment of the Fire Department.
9.2
9.3
9.4
10.
10.1
10.2
EQUIPMENT
The Volunteer Firefighter Defibrillation Medical Director and the Niagara Regional Base
Hospital Medical Director or their designates must approve any replacement defibrillation
equipment purchased by the Regional Municipality of Niagara for the Fire Department
Defibrillation Program.
The city agrees to arrange, through the Regional Municipality of Niagara (RMON) for a
Biomedical Engineering Service to provide, maintain and repair the city's defibrillators and
related equipment. The Biomedical Engineering Service will:
a)
b)
c)
d)
e)
0
inspect and approve new defibrillators and accessory equipment
provide preventative maintenance on all equipment
work with the supplier on warranty issues
respond to perceived equipment problems
repair broken equipment in a timely fashion
maintain documentation on the maintenance and quality assurance of
all defibrillation equipment.
It shall be the responsibility of the city through the RMON's contractor to ensure that all
defibrillators provided to the City's Fire Department are maintained and tested to ensure
adequate and safe use. The City agrees to test equipment on a regular basis pursuant to
the protocols, and promptly report any deficiencies to the Biomedical Engineering Service.
The parties agree that spare defibrillators for use in the Regional Municipality of Niagara,
will be under the care and control of Niagara EMS. NEM$ and the municipality agrees to
work in co-operation with all the municipalities participating in the volunteer firefighter
defibrillation program to ensure that spare defibrillators are accessible to those fire
departments within the Regional Municipality of Niagara, in the event that a defective
defibrillator should require replacement.
FIRE DEPARTMENT DEFIBRILLATION CO-ORDINATOR
The City agrees to appoint an individual from its Fire Department to act as a liaison
between the Fire Department Defibrillation Providers, the Volunteer Firefighter
Defibrillation Medical Director (or his/her designate) and the NHS. The individual so
appointed by the City shall be known as the "Fire Department Defibrillation Co-ordinator".
The Fire Department Defibrillation Co-ordinator will deal with questions related to the
defibrillation protocol, policies and procedures, and defibrillation equipment; deliver
approved training packages; deal with NEMS and the Biomedical Engineering Service
regarding equipment maintenance, repair and operational advice.
The City shall ensure that individuals identified as having problems with the protocol
associated with defibrillation receive assistance from the Fire Department Defibrillation
Co-ordinator, a Defibrillation Instructor, or the Volunteer Firefighter Defibrillation Medical
Director or his/her designate.
'11. FIRE DEPARTMENT DEFIBRILLATION WORKING COMMITTEE
7
11,1
11.2
11.3
11.4
In order to maintain continuity in the pre-hospital care setting, a committee to be known as
the Fire Department Defibrillation Working Committee is to be established to deal with
problems and concerns that may arise out in the field and make recommendations to NHS
with regards to the Niagara Regional Base Hospital Paramedic Program on volunteer
firefighter defibrillation issues.
The parties agree this Committee shall not be authorized to deal with any labour
relations issues.
The City will select its representatives to sit on the Working Committee. This committee
will have representation from; volunteer firefighters certified in defibrillation, fire chiefs or
their designate, Medical Directors of Fire Department Defibrillation Programs, ambulance
officers, ambulance management, dispatchers from each City involved with Volunteer
firefighter Defibrillation and the Central Ambulance Communication Centre, and a
representative from the Ministry of Health Regional Emergency Health Services Office.
The committee will be chaired by a representative of the NHS Niagara Regional Base
Hospital Paramedic Program.
The parties agree that the Niagara Regional Base Hospital Review Committee shall have
at least one fire chief or his/her designate as a representative, to be selected from the Fire
Department Defibrillation Working Committee.
12.
12.1
12.2
13.
13.1
TERM OF AGREEMENT
The parties agree that the term of this agreement shall be for a period of three (3) years,
commencing from the 15th day of February, 2003 to the 31st day of December, 2005.
This agreement may be revised with the mutual consent of both parties, however, any
revisions made to the said agreement shall be done in writing and duly executed.
GENERAL PROVISIONS
Indemnity
NHS agrees to indemnify and save harmless the City, its officers, employees and
volunteer firefighters from any cost, expense, judgement, loss, damage, death or injury,
including court costs and legal fees on a solicitor and client basis, in any way caused by
the negligence or wrongdoing of the Volunteer Firefighter Defibrillation Medical Director,
Niagara Regional Base Hospital Medical Director, or NHS or any other employee of NHS
in relation to or arising out of the Fire Department Defibrillation Program or any other
matter provided for within this agreement.
The City agrees to indemnify NHS, its directors, officers, employees and the Volunteer
Firefighter Defibrillation Medical Director and the Niagara Regional Base Hospital Medical
Director from any costs and damages, caused by the negligence or wrongdoing of the
City, its officers, its employees and volunteer firefighters in relation to or arising out of the
Fire Department Defibrillation Program or any other matter provided for within this
agreement.
8
14. INSURANCE
Both parties agree to carry their own third party liability insurance insuring against property
damages, personal injury to persons including death arising from the Fire Department
Defibrillation Program. Each party agrees to name the other as additional insured or an
equivalent alternative, satisfactory to the City Treasurer, and to provide the other with a certificate
of liability insurance showing that a policy is in effect. The said amount of insurance coverage
shall be in the amount of Ten Million Dollars ($10,000,000.00).
15. TERMINATION
15.1
Both parties agree that each will be entitled to terminate the agreement within ten (10)
days of written notice upon breach or default by the other party of any obligations or duties
contained herein.
15.2 Further, both parties agree to be bound by policies and guidelines formulated as
provided for in this agreement for the Fire Department Defibrillation Program.
16. ARBITRATION
The parties agree that any dispute arising dudng the term of this agreement relating to the
construction, meaning, validity, performance of, or effect of this agreement, or rights and liabilities
of parties, or any matter arising out of or connected with this agreement shall be subject to
arbitration and shall be conducted pursuant to the Arbitration's Act of Ontario, and that the
decision resulting from the said arbitration shall be final and binding upon the parties hereto and
shall not be subject to appeal.
17. ENTIRE AGREEMENT
The parties agree that the provisions and terms contained herein shall constitute the entire
agreement between the parties hereto with respect to all of the matters herein. The execution of
this agreement has not been induced by, nor do any of the parties hereto rely upon or regard as
material, any representations or writings whatsoever not incorporated herein and made part
hereof.
18. AMENDMENTS
18.1
This agreement shall not be amended, altered or qualified except by a memorandum
in writing signed by all parties hereto.
18.2
The parties agree that policies suggested by the Volunteer Firefighter Defibrillation
Medical Director and NHS may be agreed upon by the Fire Chief in written form for
purposes of clarifying the implementation in greater detail of the Fire Department
Defibrillation Program. The said policies shall be binding on all parties. The policies shall
be deemed to be guidelines of the powers delegated by the Volunteer Firefighter
Defibrillation Medical Director through the various fire departments for purposes of
establishing and controlling the agency created thereby.
19. UNENFORCEABILITY AND VALIDITY
The parties agree that if any articles, sections or any portion of any article or section of this
agreement are determined to be unenforceable or invalid by all of the parties or by the decision of
any court of competent jurisdiction which is not appealed, or any finding or an arbitration board,
for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceablity or
validity of the remaining portions of this agreement and such unenforceable or invalid article,
section or portion thereof shall be severed from the remainder of this agreement.
20. GOVERNING LAWS
This Agreement shall be governed by and construed in accordance with the laws of the Province
of Ontario.
21. ASSIGNMENT
This agreement may not be assigned by either NHS or the City without the consent in writing of
the other first obtained.
This Agreement shall enure to the benefit of and be binding upon the parties hereto and their
respective successors and permitted assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly
attested by the proper signing officers in that behalf.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE CITY OF NIAGARA
(STATIONS 4, 5 & 6)
Mayor
Clerk
THE NIAGARA HEALTH SYSTEM (GREATER
GENERAL HOSPITAL SITE AND/OR ITS SUCCESSOR)
FALLS
NIAGARA
10
APPENDIX 1
FZRE DEPARTMENT DEFZBR[LLA1/ON PROGRAM BUDGET
DESCRIPTION Start up 2003 2004
X Semi-Automatic Defibrillator(s)
- including all accessories (i.e.
batteries, cables, data cards) approx. $7500 x
(# of defibs)
Depreciation (10%)
10% of capital 10% of capital
costs costs
V'X Preventative Maintenance
$150 x (# of $150 x (# of $150 x (# of
defibs) defibs) defibs)
V'X Defibrillator Repair
approx. $250/yr/defibdllator $ x (# of deflbs) $250 x (# of $250 x (# of
de fibs) defibs)
X Defibrillator Pads, and Disposable
Medical Equipment
Medical Assist Report Forms, To be supplied by NHS Niagara Regional Base Hospital
~- Paramedic Program
Training Costs
Ongoing training
· -to train and/or update Fire $25 x (# of $25 x (# of $25 x (# of
Department Defibrillation Instructors) (9) Instructors) (9) Instructors) (9)
Instructors every year
· Certification
-certify all volunteer firefighters in $7.50 x # of fire $7.50 x # of fire $7.50 x # of fire
defibrillation every year fighters (95) fighters (95) fighters (95)
· General Administration (to include As per memo $ 3121.88 $ 3315.48
Quality Assurance, yearly recerts) enclosed
· Volunteer firefighter Defibrillation Annual Amount $ 750.00
Medical Director
X~. Liability $0
$0
I
x Responsibility of the City and Region of Niagara
v' Payable to the Biomedical Service
· Payable to NHS (Volunteer Fireflghter Defibrillation Program)
+ Responsibility of the NHS (Volunteer Firefighter Defibrillation Program)
Note:
· General Administration annual amount includes certifications, recertifications, and training
APPENDZX :1. (cont'd)
11
VOLUNTEER F~'REFZGHTER DEFZBRZLLATZON PROGRAM BUDGET
DESCRIPTTON 2005
x Semi-Automatic Defibrillator(s)
- including all accessories (i.e.
batteries, cables, simulators,
IVlCMs, chargers)
Depreciation (10%)
10% of capital 10% of capital
costs
~'X Preventative Maintenance
$150 x (# of $150 x (# of
defibs) defibs)
~'X Defibrillator Repair
approx. $250/yr/defibrillator $250 x (# of $250 x (# of
defibs) defibs)
Defibrillator Pads, and Disposable
X Medical Equipment
Medical Assist Call Report Forms
To be supplied by NHS Niagara Regional Base Hospital
+ Paramedic Program
Training Costs
Ongoing training
· -to train and/or update Fire $25 x (# of $25 x (# of
Department Defibrillation Instructors every Tnstructors) (9) Tnstructors) (9)
year
· Certification
-certify all volunteer firefighters in $7.50 x # of fire $7.50 x # of fire
defibrillation every year fighters (95) fighters (95)
· General Administration (to include $ 3518.75
Quality Assurance, yearly recerts)
· Volunteer firefighter Defibrillation Annual amount: $ 750.00
Medical Director
X.~ Liability $0 I$0
I
x Responsibility of the City and Region of Niagara
v' Payable to the Biomedical Service
· Payable to NHS (Volunteer Firefighter Defibrillation Program)
+ Responsibility of the NHS (Volunteer Firefighter Defibrillation Program)
Note:
· General Administration annual amount includes certifications, recertifications, and training
costs.
12
APPENDD( 2
OPERATIONAL EQUIPMENT
Minimum operational equipment required for each Defibrillator
Data Card (if Required)<>
2 Batteries<>
1 Carry Case<>
2 Sets of Defibrillation Pads<>
Razors<>
Alcohol SwabS<>
Medical Assist Reports*
Small hand towel
Scissors
OTHER EOUIPMENT NEEDED
Spare defibrillation pads <>
Spare Data Card (minimum of i per station)<>
1 Training Defibrillator per station<>
1 Training Battery per station<>
Minimum of i CPR Mannequin per department (Arrangements
mannequin through Heart Niagara if purchasing one is not desired)
can be made
to borrow
<> To be purchased by the Region of Niagara
. Available through NHS GNGH site Niagara Regional Base Hospital Paramedic Program
i3