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' Tit\ f t' a ,, r nom' fi.Fva 4 • S� k COUNCIL MEETING Tuesday, March 8, 2016 Order of Business and Agenda Package Niagaraa11s .l CANAo .• COUNCIL MEETING March 8. 2016 0 Canada to be sung by Stephanya Zimakas ADOPTION OF MINUTES: Council Minutes of February 23, 2016 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * PRESENTATIONS/ DEPUTATIONS 5:00 P.M. * * * * * Trans Pacific Partnership Trade Agreement Bruce Allen, President, Unifor Local 199, would like to address Council regarding the Trans Pacific Partnership Trade Agreement and the impact on the local auto industry. 2041 Niagara Growth Strategy Brian Dick, Senior Policy Planner, Growth Management, and Diana Morreale, Manager of Community, Planning & Development Services Department of the Niagara Region will make a presentation on the 2041 Niagara Growth Strategy. Winter Festival of Lights Tina Myers, Program Director, will provide Council with an update on the success of the recent Winter Festival of Lights. Wastewater Presentation Geoff Holman, Director of Municipal Works, will make a presentation on the subject noted above. NOTE: A copy of the related power point will be emailed later. 1 REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW-2016-08 — Drinking Water System Summary Report and Overview PBD-2016-07 — Delegation of Authority for Community Improvement Plan Incentive Grant Programs PBD-2016-10 — PLC-2016-001, Request for Removal of Part Lot Control, Blocks 221, 226, 227 & 228, Plan 59M-416 Warren Woods — Phase 3. Applicant: 1340258 Ontario Inc. (Warren Woods Land Corporation) TS-2016-05 — Canadian Corps of Commissionaires — Contract Amendment TS-2016-11 Drummond Road between Oldfield Road and Sam lorfida Drive/Lionshead Avenue — Parking and Traffic By-laws * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting: AM-2015-013, Zoning By-law Amendment Application 5855 Garner Road Applicant: Garlund Properties Inc. Agents: Peter Tice, Ross and McBride LLP and Rick Brady, Brady and Associates Proposal: Proposed General Industrial Zone Background Material: Recommendation Report: PBD-2016-09 MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * 2 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Shrine Club — requesting June 6th — 12th be proclaimed as "Shriners Week" and that Council approve a related flag raising. RECOMMENDATION: For the Approval of Council. 2. Celebrate Old Downtown — requesting that Council provide a grant equal to the costs associated with road closures for the Second Anniversary Cigar Revival Show and the weekly Cruising the Q events. RECOMMENDATION: For the Consideration of Council. 3. Niagara District Airport Commission — requesting support in petitioning the MTO and Seaway Authority to reconsider the bridge design and technical plans to avoid the proposed new garden City Skyway bridge from detrimentally affecting the Airport's Runway 06. RECOMMENDATION: For the Approval of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. * * * * * RESOLUTIONS FURTHER BE IT RESOLVED that Niagara Falls City Council considers the ninth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. FURTHER BE IT RESOLVED that Niagara Falls City Council considers the inaugural Niagara Falls Beer Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. * * * * * 3 BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2016-19 A by-law to designate Blocks 225, 226, 227 & 228, Registered Plan 59M-416, not to be subject to part-lot control (PLC-2016-001). 2016-20 A by-law to authorize the execution of an Encroachment Agreement with 4790 Victoria Avenue Ltd. Respecting the encroachment of an entrance ramp from the sidewalk to the building municipally known as 4790 Victoria Avenue, in the City of Niagara Falls. 2016-21 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2016-22 A by-law to authorize the execution of an amending agreement between the Corporation of the City of Niagara Falls and the Canadian Corps of Commissionaires (Hamilton Division) related to the provision of Municipal Parking Control and other services. 2016-23 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of March, 2016. * * * * * NEW BUSINESS 4 *March 8, 2016 - Stephanya Zimakas (Stef-on-ya Zimm-ack-us) Stephanya enjoys music and has been taking professional singing lessons for the last 5 years. She enjoyed performing in Linus Hand productions of Wizard of Oz and Oliver. Stephanya, a Grade 8 student at St. Michael Catholic School, is an avid reader and loves school. CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: March 8, 2016 Re: Trans Pacific Partnership Trade Agreement Bruce Allen, President, Unifor Local 199, has requested to address Council regarding the Trans Pacific Partnership Trade Agreement and the impact on the local auto industry. Staff has no insight or recommendation related to the issue, which is of Federal jurisdiction and global implications. I have provided an article which seems to have a balanced view of the pros and cons of the deal. RECOMMENDATION: Receive the Presentation for Information. A Great City ... For Generations To Come Dean Iorfida From: BRUCE ALLEN <ballen@cogeco.ca> Sent: Friday, February 05, 2016 11:43 AM To: Dean Iorfida Subject: RE: Presentation to City Council Dear Dean, I would like to make a short presentation to Niagara Falls City Council in March and certainly not later than April. My presentation will be concerning the Trans Pacific Partnership trade agreement and its potential impact on the Canadian auto and auto parts industries which are located in Southern Ontario. The presentation will be made to support a request that the City Council go officially on record as not supporting the Trans Pacific Partnership trade agreement unless its provisions pertaining to the auto and auto parts industries are changed in order to better secure their future in Canada. Bruce Allen On 02/05/16, Dean Iorfida <diorfida. niagaratails.ca> wrote: Mr. Allen: My apologies for not getting back to you sooner. Could you provide some more details on your presentation and what you are requesting of City Council. Obviously, this is a matter under Federal jurisdiction, though I appreciate your concerns. Thanks Dean Dean lorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) 1 From: BRUCE ALLEN [mailto:ballen@cogeco.ca] Sent: Friday, January 15, 2016 3:14 PM To: Dean Iorfida Subject: Presentation to City Council Friends. I am writing to request an opportunity to make a brief presentation to City Council in the coming weeks concerning the Trans Pacific Partnership and its potential impact on the auto and auto parts industries in Southern Ontario. Thanking you in advance for your attention concerning this important matter. Bruce Allen President Unifor Local 199 2 3/3/2016 Trans-Pacific Partnership:Pros,Cons,Obstacles International Trade: Transatlantic Trade What Is the Trans- U.S. Regional Trade GATT: Purpose, 2 Pacific Partnership? Pros, Cons. Effect on 3 and Investment } Agreements ' History. Pros. Cons Econ... Partnership ... Access Blocked - Content Alert The URL: http://tpc.googlesyndication.com/safeframe/1-0-2/html/container.html was blocked Thi link vnii arP arrPccinn hac hPPn hlnrkpri by the Rarrariiria WPh Filtpr haraiicP it matrhac a hlnrkiri ratennry " . By Kimberiv Amadeo Access Blocked - Content Alert•q a ry 's t � hteU/t: p:/ pc.googlesyndication.com/saf The Trans-Pacific Partnership 0-2/html/container.html was blocked (TPP) is a • • The link you are accessing has between the United f been blocked by the Barracuda States and 11 other trading Web Filter because it matches a P partners bordering the Pacific blocked category. The name of fi Ocean. On February 4, 2016, the category is: officials from each country "advertisements-popups" - signed the agreement.The a 9r9tester Nears a 9ardana hat-eads 'Reiec' bar a _iL,nng a negotiations were successfully rctasr-aga:nsi Vans =ac fc Rarr a ani a concluded on October 4, 2015. • If you believe this is an error or at tsi�e me Giobai E-Mtreprene,,rsnip Summit or mr,loopt ' ?x,0'3 need to access this link please n „:ai a n ar iarays.a. a: si,r It now has to go to each country's legislature for contact your administrator. approval. The TPP is between Australia, Brunei Darussalam, Chile, Japan, Malaysia. Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. The countries involved produce 40% of the world's total GDP ( r )of$107.5 trillion, 26% of its trade, and 793 million of its consumers. The TPP trade area is bigger than the North American Free Trade Agreement( : -), currently the world's largest. Current trade between the countries is $1.5 trillion in goods(2012 estimate)and $242 billion in services (2011 estimate). It would be slightly smaller than the other large regional trade agreement being negotiated, the (TTIP) between the United States and the Notably, the agreement excludes That's deliberate. It's meant to balance the trade dominance of both China and in East Asia. It also provides a trade alliance that gives the United States an excuse to intervene in trade disputes in the oil-rich South China Sea. China has been beefing up its military to back its incursions in the area. However, all parties have signaled that other members can join in the future. So far, the Philippines and China have indicated an interest. Like most other trade agreements, it removes on goods and http://useconom y.about.com/od/Trade-Agreements/fl/What-Is-the-Trans-Pacific-Partnershi p.htm 1/6 3/3/2016 Trans-Pacific Partnership:Pros,Cons,Obstacles services and sets reciprocal trade quotas. Unlike most agreements, but like US EvON:TAIy Cr\TE<aOR!ES the TTIP, it removes non-tariff blocks to trade and harmonizes regulations • and statutes. Hot Topics U.S. Markets The TPP covers a broad range of goods and services, including financial Definitions services, telecommunications, and even food safety standards. In this way, GDP and Growth it affects foreign policy and even laws within countries. For example, it U.S. Economy Statistics • suggests that countries set up an agency like the U.S. Fiscal Policy and the Debt • to analyze the costs and benefits of new regulations. Economic Theory Pros Trade Policy Monetary Policy and the Fed • The TPP boosts exports and economic growth, creating more jobs and Inflation • prosperity for the 12 countries involved. Demand: Retail Trends, Consumer Debt It increases exports by$305 billion per year by 2025. U.S. exports would Supply: Labor, Oil and Capital increase by$123.5 billion, focusing on machinery, especially electrical, World Economy • autos, plastics and agriculture industries. U.S. Economy Leaders • Politics It does this by removing 18,000 tariffs placed on U.S. to the other How Does the U.S. Economy Work countries. The United States has already withdrawn 80%of these tariffs on U.S. Economic Trends and Indicators foreign ir_ --. The TPP evens the playing field. The Great Recession The agreement adds $223 billion a year to incomes of workers in all the Updated Articles and Resources countries, with $77 billion of that going to U.S.workers. (Source: US Trade Expert Videos Representative, TPP Fact Sheet) All countries agreed to cut down on wildlife trafficking, especially elephants, rhinoceroses, and marine species. It prevents environmental abuses, such as unsustainable logging and fishing. Those that don't will face trade penalties. Cons Most of the gains in income would go to workers making more than $88,000 a year. Free trade agreements contribute to in high-wage countries by promoting cheaper goods from low-wage countries. That would be especially true of the TPP because it protects patents and copyrights. Therefore, the higher-paid owners of the intellectual property would receive more of the income gains. The agreement regarding patents will reduce the availability of cheap generics, making many drugs more expensive. Competitive business pressures will reduce the incentives in Asia to protect the environment. Last but not least, the trade agreement could supersede financial regulations. (Source: Public Citizen, September 12, 2013) The Negotiators Overcame These Obstacles There were five major sticking points that stood in the way of the deal. Here's how they were overcome. The United States agreed to shorter patents, especially for biologic drugs. Pharmaceutical companies can keep their formulas secret for five to seven years instead of 12 years. All stated-owned enterprises must comply with global trade standards that protect their workers and the environment. The United States had to overcome objections from Vietnam, Singapore. and Malaysia. Those http://useconom y.about.com/od/Trade-Agreements/flM/hat-ls-the-Trans-Pacific-Partnershi p.htm 2/6 3/3/2016 Trans-Pacific Partnership:Pros,Cons,Obstacles countries must now allow labor unions or face penalties. The United States, Japan, and Canada will lose some tariff protection for dairy, beef and poultry producers. Farming - ,. received by U.S. and EU companies prevented the success of the of trade talks held by the (Source: " -',"The Globe and Mail, January 26, 2016) These countries also agreed to open up their automotive industries. That could cost local jobs while lowering the price of cars and trucks. (Source: Japan Times News, February 2, 2015) The United States won the battle over the _ That gives foreign companies more rights to sue the government than their domestic companies have. In return, the U.S. agreed to restrictions on the trade of tobacco. Cigarette companies will no longer be allowed to use arbitration panels to sue countries that tax or otherwise restrict cigarette advertising. (Source. ' -- - '4,:,,„ - Peterson Institute. _- ," The New York Times, October 5, 2015. "';__. _ :., �:," Financial Times , October 5, 2015) Next Steps Each country's legislature must ratify the agreement before it can go into effect. The U.S. Congress has 90 days to review and debate the agreement. It can only vote "yes"or"no"on the deal. It cannot change any of the terms of the agreement. That's because Congress gave the President the :i L_, r ac e rOiC r on June 29, 2015. (Source: -'_ i`_ 3 _E,_ Whitehouse.gov, June 29, 2015) Article updated February 8. 2016.. Related • Pros and Cons of International Trade • Will the World's Largest Trade Agreement Be Signed This Year? • What Trade Agreements Do We Have With Our Neighbors? • Pros&Cons of Free Trade Agreements More from tato WP1.3, :y z= sti, ii, -44'" Kaley Cuoco The Jenner Son Jeffrey Toobin Steven Avery's Ex- Tears Up Talking You Didn't Know Reveals His No. 1 Fiancee Believes About Her Difficult About Question for O.J. He Murdered Year Simpson Teresa Halbach \,-,-;: ..;cn C.L.. ,�.1. 'k S.3',_CJ .. - -11" - ;II;;: International Trade: Pros, Cons, Effect on Economy http://useconom y.about.com/od/Trade-Agreem ents/fl/What-I s-the-Trans-Pacific-Partnershi p.htm 3/6 3/3/2016 Trans-Pacific Partnership:Pros,Cons,Obstacles :m,t 4 . '7fi. By Kimberly Amadeo ilk it yir �{r �N _.� .1 7i.. ., i t , .. ft j106 , f. , � a. " ,. t ,; A,: Definition: International trade "' 3 k is the exchange of goods and .illir,, % � _ r �_� � services between countries. $ . f a$ j 'i ;, '', U.S were $2.23 trillion l it glia .4F AC:'" j in 2015, adding 13% to economic output as measured :;A =a -- . '. by and creating 12 , . - ',+1, ,,`, million jobs. Most of the U.S. _ - d ,.n-„I - economy is produced for . internal consumption, and doesn't get exported. In addition, a large part of the economy is services.This is more difficult to export. For more on how trade fits into the economy, see - Despite everything it produces at home, the United States _---„ more than it exports. In 2015, imports were $2.762 trillion. Most of that is capital goods, such as computers. and consumer goods, such as cell phones. Domestic =ja.e. ___ production has reduced imports of oil and petroleum products. Even though Americans benefit from variety of selection and low prices of imports, they are subtracted from GDP. As a result the United States has a As a result, international trade subtracted $532 billion from GDP. For more, see +r > __ - . (Source: U.S. Bureau of Economic Analysis, National Income and Product Accounts Tables, Table 1.1.5., Gross Domestic Product) Advantages Exports create jobs and boost economic growth. Imports allow foreign competition to reduce prices for consumers. It allows a wider variety of goods and services, such as tropical and out-of-season fruits and vegetables. Disadvantages Unfortunately, the only way to boost exports is to make trade easier overall by reducing and other blocks to imports. That reduces jobs in industries that aren't competitive on a global scale. It also leads to job outsourcing, where U.S. companies relocate call centers, technology offices, and manufacturing to countries with a lower cost of living. Many foreign countries are afraid that eliminating allows U.S.-subsidized agribusiness to undercut the prices of the local farmers. U.S. Trade Agreements Countries that want to increase international trade negotiate free trade http://useconomy.about.com/od/Trade-Agreements/fl/What-Is-the-Trans-Pacific-Partnership.htm 4/6 3/3/2016 Trans-Pacific Partnership:Pros,Cons,Obstacles agreements. Here's the most important U.S. trade agreements: • = , currently the world's largest free trade area, is between the United States, Canada, and It eliminates all tariffs between the three countries; tripling trade to $1.2 trillion. Here are its , • The is between the United States and eight other countries bordering the Pacific—Australia. Brunei Darussalam, Chile. Malaysia, New Zealand, Peru, Singapore, and Vietnam. Since then, Canada, Japan and Mexico has entered the agreement. The goal is to enhance trade and investment among the TPP partner countries, promote innovation, economic growth and development, and support the creation and retention of jobs. The TPP includes new trade requirements addressing compatibility of regulations and support of small businesses. This agreement is in keeping with the work of • The Transatlantic Trade and Investment Partnership, or would link the the U.S. and the _ . As a result, it would become the world's largest free trade area, controlling more than third of the world's total economic output. However, the biggest obstacle is agri-business in both the U.S. and EU. Both trading partners heavily subsidize their food industries. Furthermore, the EU prohibits the use of CMOS and the addition of antibiotics and hormones in animals raised for food. The United States has many other with specific countries, and the most important the General Agreement on Tariffs and Trade . Although the is technically defunct, its provisions lives on in the Article updated February 11,2016.. Related • What Trade Agreements Do We Have With Our Neighbors? • 12 Countries Agreed to the World's Biggest Trade Deal • Will the World's Largest Trade Agreement Be Signed This Year? • The World's Largest Trade Agreements NIU f. k �* • Natalie Cole Why Cruz Is Far White House Bristol Palin Gives Cause of Death More Dangerous Spokesman Left Birth to Second Revealed Than Trump Speechless After Child Ben Carson Claim http://useconomy.about.com/od/Trade-Agreements/fl/W hat-Is-the-Trans-Pacific-Partnership.htm 5/6 Dean Iorfida From: Alex Herlovitch Sent: Monday, January 18, 2016 11:36 AM To: Dean Iorfida Cc: Ken Mech;John Barnsley Subject: FW: Presentation to Local Councils: Niagara 2041 Growth Strategy Hi Dean The Regional Planning Department staff would like to attend an upcoming City Council meeting to present information on the Region's Growth Strategy (Municipal Comprehensive Review). Do you want to supply a couple of dates or do we need to take this to a Council Review meeting first? Thanks Alex From: Dick, Brian [mailto:brian.dick@niagararegion.ca] Sent: Monday, January 18, 2016 11:00 AM To: Alex Herlovitch Cc: Morreale, Diana; Donia, Terri Subject: Presentation to Local Councils: Niagara 2041 Growth Strategy Good Morning Alex, As mentioned at last Friday's Area Planners, Regional staff have been presenting to local municipal Council's on the Niagara 2041 Growth Strategy.To date presentations have been conducted in West Lincoln and Lincoln with upcoming presentations scheduled for St. Catharines, Niagara-on-the-Lake, Pelham and Fort Erie. To ensure that all local Councils have been informed of the Niagara 2041 Growth Strategy we would like the opportunity to present at your Council. Please respond to Diana Morreale with potential dates and we will work with you to arrange a visit to present the Growth Strategy. Sincere thanks, Brian Dick Brian E. Dick, MSc.PI., MPA, MCIP, RPP Senior Policy Planner, Growth Management Planning & Development Services Regional Municipality of Niagara 1815 Sir Isaac Brock Parkway, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: (905) 685-4225 x.3365 Fax: (905) 641-5208 Toll Free: 1 (800) 263-7215 1 Dean Iorfida From: Tina Myers <Tina@wfol.com> Sent: Thursday, February 25, 2016 2:42 PM To: Dean Iorfida Cc: Wayne Campbell; Jim Diodati Subject: Deposition to City Council Importance: High Good Afternoon Dean, I presented the Winter Festival of Lights post event report to the Festival Board today and was asked by Councillor Wayne Campbell to provide a short presentation to Council on the successes of this year's Festival. I have a very short video 3 min and a few stats and images that I can do. No more than 5 minutes (unless any Councillors have questions they would like to ask) Let me know if you would be able to fit us on the agenda and an upcoming council meeting. Cheers,. Tina Tina Myers Program Director Ontario Power Generation Winter Festival of Lights 5400 Robinson St.,Niagara Falls,ON L2G 2A6 P:905-374-1616 ext.246 C:905-351-0728 tina@wfol.com www.WFOL.com Please consider the environment before printing this email. This information is intended only for the use of the individual to whom,or entity to which,it is addressed and may contain information that is privileged,confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act.If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you received this transmission in error,please notify the sender immediately and then permanently delete this message. 1 X m 0 X MW-2016-08 Niagaraaalls March 8, 2016 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-08 Drinking Water System Summary Report and Overview RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY In accordance with the Safe Drinking Water Act, each municipal Council having jurisdiction over its water distribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system's performance. Additionally, attached is the Drinking Water Quality Management System (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. This year's report confirms that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. Attached to this report is a brief presentation advising Council of its responsibilities as Owner of the Drinking Water System. BACKGROUND Annual Summary Report Each year the Annual Summary report is presented to Council to illustrate the effectiveness and performance of the drinking water system. The attached Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water system. March 8, 2016 - 2 - MW-2016-08 Highlights of the report include: • In 2015 Environmental Services responded to 80 watermain breaks, this number is up from 65 in 2014. • The winter of 2015 due to extreme cold temperatures produced over 250 frozen water services. These water services were thawed out using a variety of techniques, including trenchless and open trench methods. DWQMS Management Review Annual the DWQMS Management Review takes place; it provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Highlights and Suggestions from the Management Review Include: • Fall 2015 NSF-International performed an off-site DWQMS Conformance Audit. Zero none conformances were found during the audit. • Compliance rating of 100% during 2015 Ministry of the Environment inspection. Standard of Care As previously reported to Council, Section 19, of the Safe Drinking Water Act, 2002 came into force on December 31, 2012. Section 19, entitled Standard of Care, Municipal Drinking Water System states - The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for your reference. LEGAL IMPLICATIONS In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later than March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. March 8, 2016 - 3 - MW-2016-08 CITY'S STRATEGIC COMMITMENT This report is to ensure adherence to Provincial Legislation and is consistent with the Council's strategic commitment to continually monitor the efficiency and effectiveness of the City's operations. LIST OF ATTACHMENTS 1. City of Niagara Falls Water Distribution System Annual Summary Report 2. 2015 DWQMS Management Review 3. Section 19 Standard of Care, Municipal Drinking Water System 11 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: 1*21411Pt- Ken Todd, Chief Administrative Officer James Sticca MW-2016-08 —Attachment 1 /%4_ Niag ara (-cells , +, 1) City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1 , 2015 to December 31 , 2015 Waterworks Number: 260002304 Created February 2016 Table of Contents Introduction 1 Waterworks Description 1 Compliance 2 Municipal Drinking Water Licensing Program 2 Safe Drinking Water Act 3 Niagara Falls Water Quality Test Results 4 Adverse Water Quality Incidents and Actions 4 Operational Activities 5 Flow Rates 6 Definitions 7 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with an annual summary report of actions that took place from January 1, 2015 to December 31, 2015. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 527.50 km of watermain, 2,997 fire hydrants and 4,705 valves owned and operated by the City of Niagara Falls. Additionally, there is 45 km of watermain owned and operated by the Regional Municipality of Niagara. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website. Website http://www.niagararegion.ca/home.aspx Water Distribution Summary Report 1 viagarafails Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice 0' Connor during the Walkerton Inquiry, the Ministry of the Environment has introduced a new program, the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan. • Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions. • Drinking Water Quality Management System (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits. • Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body. • Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2015, the City's Drinking Water Quality Management System was audited by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue to receive accreditation meeting the requirements of the Safe Drinking Water Act, 2002. Water Distribution Summary Report 2 N iagararalls Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 88 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing afree chlorine residual are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. The Ministry of the Environment has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sample numbers have been reduced to 20 resident samples and 4 non-residential samples. This must be done once between December 15 and April 15 and again June 15 to October 15th, on an on going cycle. All of the aforementioned samples, in accordance with the Act must be taken by an individual with a Water Operators licence or a Water Quality Analyst licence. These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002. Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. Water Distribution Summary Report 3 N iagaraFalls Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli0 1211 0 Indicates presence of fecal (E. Coli) CFU/ 100mL matter Total Coliforms Indicates the possible CFU/ 100 mL 0 1211 0->80 presence of fecal contamination Heterotrophic Plate Count N/A 1211 0 >300 Indication of overall water (HPC) CFU/mL quality Chemical Analysis Trihalomethanes 0.104 0.0314— Average of Samples taken mg/L mg/L 0.0472 quarterly Residential and Non- Residential 0.1046 <0.00002 — Lead services were used in Lead Plumbing mg/L 0.155 construction prior to 1955. mg/L Distribution 0.10 <0.00002— City does not have lead 9 mg/L 0.00162 I watermain Disinfection Free Chlorine Residual 0.05 mg/L to 4.0 1352 0.05 - 1.24 Level of disinfectant mg/L Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution 8/8/2015 Total Coliform >80 CFU Flush and resample 8/12/2015 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety, the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI, as well as upstream and downstream of the AWQI. This occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. Water Distribution Summary Report 4 Niagararcr/ls In the above table, the column "Date of Resolution" indicates the date in which the City has received copies of the laboratory results and submits the "Notice of Resolution" to the Ministry of the Environment and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead levels, rather the sample is site specific. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. Operational Activities In 2015, the City of Niagara Falls experienced 80 water main breaks, compared to 65 in the previous year. The City also responded to over 253 frozen water services during the winter of 2015. With all watermain breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following the water main break, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Water Distribution Summary Report 5 ti`iagarafalls Flow Rates 2015 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1208.646 February 1113.185 March 1361.307 April 1248.865 May 1551.904 June 1446.353 July 1714.313 August 1700.414 September 1508.585 October 1323.301 November 1140.824 December 1193.826 Total 16511.796 _ Monthly Average 1375.98 Daily Average 45.19 1 Mega Litre = 1,000,000 Litres ,rr + Water Distribution Summary Report 6 NiagaraFalls Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample ug/I - micrograms per litre (parts per million) - Less than - Greater than Microbiological parameters (ie. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment.) Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indications of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Water Distribution Summary Report 7 Niagararalls Trihalomethanes (THM's) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plumbing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Water Distribution Summary Report 8 ViagaraFails MW-2016-08 - Attachment#2 CANADcm"- Niagara alis 1 DWQMS Management Review 2015 Table of Contents List of Acronyms and Definitions 3 Introduction 4 1. Incidents of regulatory non-compliance 4 2. Incidents of adverse drinking-water tests 4 3. Deviations from critical control point limits and response actions 5 4. Efficacy of the risk assessment process 5 5. Third-party and Internal audit reports 5 6. Results of emergency response testing 6 7. Operational performance 6 8. Raw water supply and drinking-water quality trends 6 9. Follow-up on action items from previous management reviews 7 10. Status of management action items identified between management reviews 7 11. Changes that could affect the Quality Management System 7 12. Consumer feedback (i.e., internal & external communications) 8 13. Resources needed to maintain the Quality Management System 8 14. Results of DWQMS Infrastructure Review 8 15. Operational Plan currency, content & updates 9 16. Staff suggestions 9 List of Acronyms and Definitions DWQMS — Drinking Water Quality Management System EBR— Environmental Bill of Rights, an information board managed by the Ministry of the Environment where proposed legislative changes are posted for comment prior to coming into force. MAC— Maximum acceptable concentration MOECC — Ministry of the Environment and Climate Change QMS — Quality Management System THM —Trihalomethanes are a group of compounds that can form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter (e.g., decaying leaves and vegetation). UEM —A consulting firm performing internal audits for the City Page 3 of 9 2015 DWQMS Management Review Introduction Element 18 of the Drinking Water Quality Management Standard states that a Management Review must be completed once every 12 months. This review is to be completed with the person(s) deemed Top Management in the Drinking Water System. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be given to Council in February. 1. Incidents of regulatory non-compliance In July, the Ministry of the Environment completed an onsite inspection. During the inspection no incidents of regulatory non-compliance were found, therefore the City received a compliance rating of 100%. The Inspector did place in the recommendations and best practices section to continue to flush areas where chlorine residuals dip below 0.20 mg/L, as well as to initiate a backflow prevention program. The MOECC has provided a backflow prevention program guidance document to all Municipalities as a reference document. 2. Incidents of adverse drinking-water tests As of December 21, 2015 there was 1 drinking water samples that resulted in an adverse test result. i) August 8 2015 Valley Way— 80 total coliform from an after watermain break sample. It was determined that the sample was taken from an upstairs tap where the hot and cold taps were reversed. That is not standard protocol when collecting samples from a residence. After following appropriate procedures the incident was resolved. In each case, Staff followed SOP "MW-ES-DWS-SOP-012-001 —Adverse Water Quality Incident Reporting". Each incident was resolved by re-sampling. A copy of MW-ES-DWS-SOP-012-001 can be found in previous Management Reviews and can be circulated on request Page 4 of 9 3. Deviations from critical control point limits and response actions There were no deviations from critical control points in this report period. 4. Efficacy of the risk assessment process During the 2015 internal audit, it was identified that further clarification was needed with respect to the Risk Assessment and what a true critical control point is. Currently there are items listed as critical control points that the City cannot control regardless of their importance, such as backflow prevention devices not owned by the City. As per the updated DWQMS standard, MOECC required items were also addressed in the Risk Assessment, this include climate change issues such as drought or extended extreme temperatures. 5. Third-party and Internal audit reports Third Party Audit On September 23rd NSF Internal performed an offsite verification audit of the DWQMS. The Auditor only identified opportunities for improvement, zero non- conformances were found during the audit. The City is still in the surveillance cycle next year years, with onsite occurring 2017. Internal Audit An internal audit was completed by UEM took place on December 16 2015. A copy of the final internal audit report will be released in January. However, highlights of the findings include not meeting level of service targets with respect to hydrant flushing and valve maintenance and exercising. Current listed level of service is operating every hydrant once per year, in 2014 the City only operated approximately 10%, in 2015 this increased to 35% of the hydrants in the system. Staff will need to find ways to improve this, as the Ontario Fire Code dictates hydrants shall be checked for operation once per year. Valve maintenance and exercising did not meet listed level of service in 2015. Again, Staff will need to find ways to address this. Reducing listed level of service will be a step backwards. Internal audit report is attached for review. Page 5of9 6. Results of emergency response testing On November 25 2015, Environmental Services Staff participated in an Emergency Response desktop training exercise. The scenario detailed a call coming from Table Rock where they experienced soapy water, with further calls coming from the west. The exercise centred around an unidentified backflow incident. The group was asked to work together on a plan of action and communication. Items such as flushing techniques, valve closures, sample protocols, 7. Operational performance In 2015 Environmental Services responded to 80 watermain breaks, this number is up from 65 in 2014. This can be attributed to the extreme cold. Additionally, the winter of 2015 due to extreme cold temperatures produced over 240 frozen water services. The DWQMS Coordinator was able to receive comment from the MOECC with respect to tie over services, and it is a permissible activity. 8. Raw water supply and drinking-water quality trends The Region of Niagara is responsible for all sampling and testing of raw water. Through the hydrant maintenance program, Staff has found areas of the drinking water system were weekly or bi-weekly flushing can improve water quality, these areas are tracked via a flushing report form, this practice has continued through into 2015. Source water temperature changes in late spring and fall result in resident inquires about chlorine levels. The majority of these calls originate from the south end of the City, the area closest to the water treatment plant. Weekly, chlorine residual results are received from the Region of Niagara, these results indicate no significant fluctuation in chlorine levels leaving the treatment plant. This remains unchanged in 2015. The Region of Niagara is continuing to monitor THM (trihalomethane) levels in conjunction with all local area municipalities. Various methods of preventing THM levels from increasing have been discussed. The City's Environmental Services Division will continue to flush dead end watermains which is currently one of the best ways for a distribution system to combat THM levels. The City has also joined WaterTrax to aid in the sharing of information with the Region. Page 6of9 9. Follow-up on action items from previous management reviews 2014 Management Review Action Items Action Items Assigned To Due Dates Geoff to forward email Geoff Holman Complete from Kent S. regarding James attending PM Meetings James to contact James Sticca Complete counterpart at the Region regarding ability to shut off Marineland service off 42" main Sue to resend previous Sue Wheeler Complete correspondence regarding Marineland 10" meter Geoff to forward Geoff Holman Complete information regarding Parks Commission meeting on Jan 8 2015 Add more detail about James Sticca Complete Veritec and DFA consulting work Bring forward the need to James Sticca On-going re-test in field mapping options 10. Status of management action items identified between management reviews No action items identified during this time period. 11. Changes that could affect the Quality Management System The MOECC has released the DWQMS version 2.0 for comment on the Environmental Bill of Rights notification website. The comment period closes on December 24th 2015 with final document release scheduled for mid-2016. Page 7 of 9 The MOECC has released a "Made in Ontario—Watermain disinfection procedure" document. This document provides Operating Authorities with greater control with respect to how they post sample watermain breaks. The document will also dictate chlorine residuals during capital work based on initial chlorine sample and bacteriological sampling time. A meeting with the DWQMS Coordinator and Project Managers has been scheduled for January 2016. The DWQMS Coordinator will also set up training for internal stakeholders regarding the changes and requirements of the new document. Implementation must occur on or before May 1 2016. 12. Consumer feedback (i.e., internal & external communications) Environmental Services still continues to flush areas known to have low chlorine residuals weekly. Discoloured or dirty water calls have continued to decrease; this is due to the extensive capital work taking place in areas known for water quality issues. 13. Resources needed to maintain the Quality Management System The DWQMS Coordinator continues to use an external consultant for the internal audit. This provides the DWQMS Coordinator with very detailed reports and multi-industry expertise during the on-site audit. 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review, is one of many inputs aiding in the decision making process when determining Capital Works. The QMS Representative and Manager, Assets and Infrastructure have worked together on prioritizing the proposal of capital work for design. Suggestions given by Environmental Services staff based on previous experience, were taken into consideration along with other factors such as sewer separation. The process still remains as stated above, additionally as operational challenges arise the DWQMS Coordinator communicates these to the Manager, Assets and Infrastructure for future note in the capital replacement program. This consistent line of communication between Operations and Engineering was missing prior to the initiation of the DWQMS. Page 8 of 9 15. Operational Plan currency, content & updates In Q1 of 2015, a presentation was made to new Municipal Council advising of their authority and responsibility with respect to the drinking water system and the DWQMS. During 2016, the Operational Plan will be updated with it going to Municipal Council in Q1 of 2017 prior to the next on-site audit. 16. Staff suggestions To date, no Staff suggestions have been made to improve the QMS. Page 9 of 9 MW-2016-08-Attachment#3 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection(2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence Every person under a duty described in subsection (1)who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002,c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19(5). PBD-2016-07 Niagara Rills March 8, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-07 Delegation of Authority for Commercial Building and Façade Improvement Grant Incentive Program Applications under the Downtown and Drummondville Community Improvement Plans RECOMMENDATION That Council delegate approval authority for Commercial Building and Façade Improvement Grant Program applications within the Downtown and Historic Drummondville Community Improvement Plans and the extensions to such grants and authorization to enter into agreements, to the Director of Planning, Building and Development. EXECUTIVE SUMMARY The Downtown and Historic Drummondville CIP each contain a Commercial Building and Facade Improvement Grant Incentive to improve commercial buildings and their façades to encourage new uses to locate within these areas. It is recommended that approval of the Commercial Building and Façade Improvement Plan Incentive be delegated to the Director of Planning, Building and Development based on the following: • The delegation to the Director of Planning, Building and will expedite the approval process. • The individual grants are capped at $10,000 each with a maximum of $20,000 per property which is within the spending authority of the Director. • Delegation will mimic Regional processes which delegate approval authority to staff under the Smarter Niagara Incentive Program. • The Director of Planning, Building and Development will report annually to Council on the number of grants approved, amount of the grants and name of grant recipient. BACKGROUND The Downtown and Drummondville CIP's a number of financial incentive programs that serve to stimulate private sector investment and rehabilitation of these areas. Within the Downtown and Drummondville CIP areas, grant applications for the Commercial Building and Facade Improvement Grant Program are the most prevalent. PBD-2016-07 March 8, 2016 Current Steps for Commercial and Facade Improvement Incentive Grants 1. Completed applications are assessed by Planning Staff for consistency with the CIP program requirements and urban design guidelines. 2. Applications are then circulated to various City Departments. 3. Determination that property taxes are current. 4. Determination that there are no outstanding issues regarding building permits, property standards or legal matters. 5. The grant can then be recommended for approval. 6. Staff prepares a Council report. Reports are drafted a week to 10 days in advance of the Council Review Team meeting date and reviewed by the manager and director. Council Review Team meets to consider Council reports 2 weeks in advance of the Council meeting. Reports are then revised, if necessary, and submitted to the Clerk a week in advance of the Council meeting. 7. Agreements between the applicant and the City are prepared and signed by all parties. It is the recommendation of Staff that the approval of these Commercial Building and Façade Improvement Grants for Steps 6 and 7 be delegated to the Director of Planning, Building and Development, based on the following: 1. The delegation to staff will expedite the approval process with the elimination of report preparation time, report review and dependency on the timing of Council Agendas. Agreements will be signed by the Director of Planning, Building and Development with the original retained by the Clerk and a copy forwarded to the Finance Director. 2. The incentives offered are capped by the Program to a maximum of $10,000 for the commercial improvement and $10,000 for the façade improvement. Grants typically average about $11,000 per property'. This is within the spending authority of the Director of Planning, Building and Development. 3. The progress of work undertaken under the grant programs is monitored by staff and inspections are carried out at completion. All works have to meet inspection requirements prior to the release of any funds. Staff proposes to report to Council on an annual basis on the amount of grants approved, to whom and on the work to be done. 4. Regional Council has delegated approval authority to Planning staff for corresponding grant applications under the Smarter Niagara Incentive Program. This is also true of a number of local municipalities where staff has been delegated approval for certain incentive program applications. The delegation to staff would mimic other municipalities' procedures. A proposed revised process is attached as Appendix A which shows how the report and Council approval portion of the process can be replaced by delegating authority to designated staff. 1 Since 2008, the Downtown CBFIG has had 88 applications at an average grant of $11,220 (per property). Since 2007, the Historic Drummondville CBFIG has had 35 applications at an average of $10,269 per property. PBD-2016-07 March 8, 2016 Extensions The Commercial Building and Façade Improvement Grant Programs set conditions for the grants and encourage the completion of improvement works within a specified time period, usually one year from the signing of the agreement. The agreement allows for the extension of approval by Council. It is recommended that approval for extensions, when formally requested by the applicants, be delegated to the Planning Director. Applications for extensions would be circulated to City Departments to identify any outstanding issues before the extension is granted. All grants are subject to an agreement between the City and the owner. As part of the delegation authority, the Director of Planning, Building and Development would be authorized to sign the agreements. The agreements spell out the terms of the grant, time periods to complete the work and other obligations to receive the grant. Grants are only issued after the work is completed, paid receipts have been submitted and staff has completed inspections to the satisfaction of the City. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The funding for grants is different depending on the area of the City. For the Historic Drummondville CIP, the funds are budgeted annually. For the grants related to the Downtown CIP, the funding will be provided from the special purpose reserve established for this type of expenditure. On an annual basis, reports will be provided to update Council on the activity funded as well as the status of the reserve. CITY'S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment into the City. These changes would be consistent with Council's commitment to customer service excellence and implements updates to provide steam-lined contemporary directional planning and development. It will also serve to implement Council's Strategic Priority of Organizational Efficiency and Effectiveness. LIST OF ATTACHMENTS Appendix A— Commercial Building and Façade Improvement Program Delegated Process Flow Chart. Recommended by: Akvv /} \-('/ Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 2-49 .4-1.4j Ken Todd, Chief Administrative Officer J.Barnsley:gd Attach. S:\PDR\2016\PDB-2016-07 Delegation of Authority for CIP Grants.docx PBD-2016-07 March 8, 2016 APPENDIX A COMMERCIAL BUILDING AND FACADE IMPROVEMENT PROGRAM DELEGATED PROCESS FLOW CHART Preconsultation with Applicant <Not elioible-D CEliglible 1 ) Application Submitted Application reviewed for completeness Complete Incomplete ► Applicant to submit required Circulation of application to Staff Finance: • review of outstanding taxes or related issues Property Standards: • review of outstanding permits or property standards issues; and Outstanding issues identified through the Staff review pre-work site inspection Legal: • review of title/addresses/mortgage information(where applicable) No outstanding issues Letter sent to applicant under signature of Planning Director re: eligible and potential amount of grant; along with a grant agreement for their review and signature 4, Standard agreement signed by Planning Director. Issues not addressed Construction Completed: • Proof that all contractors have been paid is submitted by the applicant Outstanding issues identified • Photos of completed eligible works is submitted by applicant through the Staff review • A follow-up inspection is conducted by Property Standards/Building/Planning Staff as appropriate Tiv Issues Addressed to City Satisfaction No outstanding issues 4, Approval of payment by 4 Council Delegate Payment Voucher sent to Finance Matching SNIP Grant requested from Region once City payment issued. PBD-2016-10 Niagaraj1alls March 8, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-10 PLC-2016-001, Request for Removal of Part Lot Control Blocks 225 through 228, Registered Plan 59M-416 Tulip Tree Drive Empire Communities -Waren Woods Phase 3 Applicant: 1340258 Ontario Inc. (Warren Woods Land Corporation) RECOMMENDATION 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 225 through 228 on Registered Plan 59M-416, as exempt from Part Lot Control for a period of three years; and 2. That the applicant be required to notify the City when the new deeds for the lots have been registered EXECUTIVE SUMMARY 1340258 Ontario Inc. (Warren Woods Land Corporation ) has requested Council to pass a by-law to exempt Blocks 225 through 228 in the Warren Woods plan of subdivision-Phase 3 (Plan 59M-416) from being subject to Part Lot Control to allow the transfer of ownership of the 20 townhouse units that are currently under construction, and to allow the creation of access and maintanence easements. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the blocks are located within a registered plan of subdivision; • the zoning permits the proposed parcel sizes; and • the by-law will permit deeds to be created for the new parcels and permit each property to be sold. BACKGROUND Proposal 1340258 Ontario Inc.(Warren Woods Land Corporation) has submitted a request to have Part Lot Control removed from Blocks 225-228 in the Warren Woods-Phase 3 plan of subdivision. Blocks 225 and 226 are located on the north side of Tulip Tree Drive. Block 225 contains a four unit on-street townhouse dwelling known as 8287-8293 Tulip Tree 2 PBD-2016-10 March 8, 2016 Drive and Block 226 contains a five unit on-street townhouse dwelling known as 8277- 8255 Tulip Tree Drive. Block 227 contains a six unit on-street townhouse dwelling known as 8270-8280 Tulip Tree Drive and Block 228 contains a five unit on-street townhouse dwelling known as 8282-8290 Tulip Tree Drive. The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow the creation of separate parcels for each on-street townhouse dwelling unit. Rear yard access easements for the middle units and maintenance easements on the exterior portion of the units in each block are also being created through this process. Refer to Schedule 2 for further detail. ANALYSIS/RATIONALE The subject block is located within the Warren Woods-Phase 3 plan of subdivision (59M- 416) which was registered in 2015. The subdivision contains a mix of lots for detached dwellings, blocks of land for on-street townhouse and group townhouse dwellings. The subject blocks have on-street townhouse dwellings (20 units) under construction thereon; the proposed parcels are shown on the attached reference plan (Schedule 2). The subject blocks are zoned Residential Mixed (R3-999) by Zoning By-law No. 79-200, as amended by By-law No. 2014-052. Building Permits have been issued to allow the on- street townhouse dwellings to be constructed in accordance with the R3-999 zone. The proposed parcels comply with the zoning regulations. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the on-street townhouse dwelling can be sold with its own parcel of land. Rear yard access easements for the middle units and maintenance easements on the exterior portion of the units are also being created through this process. Part Lot Control has been requested to be lifted for three years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. The applicant should be required to notify the City when the new deeds have been created in order to update municipal records. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As the on-street townhouse dwelling already under construction, there are no financial implications. 3 PBD-2016-10 March 8, 2016 CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS ➢ Schedule 1 - Location Map ➢ Schedule 2 - Proposed Parcels Recommended by: Alex Herlovitch, Director of Planning, Building & Development LikAll"- Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2016\PBD-2016-010,PLC-2016-001,Request for Removal of Part Lot Control,Blocks 225-226&227-228.docx 4 PBD-2016-10 March 8, 2016 SCHEDULE 1 ,_,__ _____.._._- N_ 1 # b E : /7 � x 1 ' 3.. • '• j 1_ ,, 1:4706 A -.4r . , ` ,,, / H_________ -T__... --71moso- —7.1.4111110111101C- r.a..is u li 77 1 T tt t i { _, ., , ,_#. r BitesRD F. - 5 PBD-2016-10 March 8, 2016 SCHEDULE 2 Blocks 225 & 226 1 PLAN 598- — i,i :i ° - -t_ *AM, -..-'mow-- I 11111 ' , �.� E ME,C',KY .- - dEAi`w vOTF • 1 1:- 13 S u ..N-M:0. .'S ..r e,n..c a-. h A • a WPA T11 PART B -PMIro PM114 -PARE.,.. _ s.. PANE 1 n PANT 7 "s 3 '- a PANE 1 1.""k.i-- ib�PANI'� '.PANT Syz ' s '14. i �_.-L"r--t ''PANf 9 PNR L a`�,- N 4.2 11 S ?ei PANE I sPANr4 S7 1.;: 4 � iE' `s it z W � _ , PANr* Par 0 EGEtO ,� 't veer* .R n.E JnxP, s� __ PANE D :I'''. M ; i / s _ -''I L 4 4 . 'I �m r/...'.........,. ew _ i e�ocK2zsaaiocrczzs _ "`{ --- REGISTERED PLAN 59M-4?6 TULIP TREE DRII E_- ea CITY OF NIAGARA FALLS P •Y S.IS!->-.`. 4EOX,ML jMC 4.r r.ncsat+i m Lifc..q�. . .-... .f.f..• .— .:; r, SIYNE,ORS ERPFIG'E _ - a. Ye .. 4066.Ms u+xu.0.1111/11661 11011.6.23 p.naao ,....,. erre _r -a > .. .. _ 6 PBD-2016-10 March 8, 2016 Blocks 227 & 228 P M 5F. N -.., W E S].L -sTli/P �. •�- - wR5 f .y Die/2,,, - .- wWt r..a w u .w• t PNR• 5 waft; ;] ;',\ .77r- rote L. w - a t: i f wR. ,-, i Kt ' e8ef A` s -£�semis .,. a.-.. _. t.4.116.. --gigot' - .,-±,-. _ p 2� s 1 i vera . 4. . waf m �- '� CC _ $GiS 2216 BLi)CK 226 ` • TOM a 0.. -. — n - �{ REGISTERED.L/.2159M-L16 ,p,a,.„a. _ i ,-,�„�•� I' CITY OF NIAGARA r x I ?4 wa f9ROW8..30- ROAD �. w as TS-2016-05 NiagaraFalls March 8, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2016-05 Canadian Corps of Commissionaires Contract Amendment RECOMMENDATION 1) That Council approve the amendment to the Corps of Commissionaires Fee for Service contract to allow for adjustment to staffing resources to meet operational needs or requirements; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The contract stipulates that the Canadian Cops of Commissionaires is to provide 16 full and part time officers and one warrant officer. The amendment would allow for adjustment of staffing requirements based on need. Scheduling of officer shifts and areas of enforcement will be adjusted to stay within 2016 budget parameters for staffing resources. Advancements of enforcement technology and parking service products for the public have the potential to alter the staffing requirements currently in place and unchanged for many years. Amendments to the original agreement wording would allow the city more flexibility to address the public need and optimize our staffing resources. The Canadian Corps Commissionaires are supportive of the contract amendment. BACKGROUND A service delivery review of the Parking Control Operation will be completed in the third quarter of 2016. This review may result in staffing adjustments, therefore, a revision to the current fee for service agreement will be required to address future operational needs. In 2000, a Request for Proposal was issued with the Canadian Corps of Commissionaires the successful bidder. Over the past 14 years, the Hamilton Office has maintained high standards, including customer service training and a consistent turnout of Officers. The Parking Control officers are essential to maintaining the proper 2 TS-2016-05 March 8, 2016 flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. With changing technology and new advancements in enforcement software, officers can now be more efficient on patrol and cover more area in a shorter period of time maximizing staff usage and addressing public concerns more effectively. These technologies along with an ongoing review of officer "beats" and seasonal demands could lead to changes in enforcement patterns in the City of Niagara Falls. The original conditions of the contract pertaining to staffing requirements are specific to the designated enforcement areas which on review, have changed over the years with developmental changes in business areas, residential expansion and seasonal shifts in the tourist areas. Amendments to the agreement wording on staffing would allow the city more flexibility to address the public need and optimize our staffing resources and requirements. ANALYSIS/RATIONALE The Canadian Corps of Commissionaires provides an essential service in regulating parking conditions traffic flow and maintaining safety zones and school crossings for the City of Niagara Falls. A review of local municipalities identified that larger municipalities such as St. Catharines utilizes the Canadian Corps of Commissionaires to provide all parking enforcement services, while smaller municipalities such as Niagara-on-the-Lake use in-house staff for parking enforcement, as only two to five enforcement officers are required in these smaller communities. Staff are not aware of other alternative service providers. FINANCIAL IMPLICATIONS Amendment to the contract could help reduce overhead expenditures in the Parking Control General Purpose Budget. This will be better understood upon completion of the service delivery review. LEGAL IMPLICATIONS Amendment to the contract would support the continued service of the contract and maintain the City of Niagara Falls legal integrity. 3 TS-2016-05 March 8, 2016 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include to provide a convenient, cost effective and customer friendly parking system based on the User Pay Philosophy. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer PB TS-2016-11 March 8, 2016 NiagaraRlls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2016-11 Drummond Road between Oldfield Road and Sam lorfida Drive/Lionshead Avenue - Parking and Traffic By-laws RECOMMENDATIONS 1. That a parking prohibition is installed on both sides of Drummond Road between Oldfield Road and a point 100 metres north of Sam lorfida Drive/Lionshead Avenue; and, 2. That the bicycle lanes on both sides of Drummond Road between Oldfield Road and a point 100 metres north of Sam lorfida Drive/Lionshead Avenue be designated by municipal by-law. EXECUTIVE SUMMARY The City's Sustainable Transportation Master Plan completed in 2011 consists of an active transportation component which forms a connective on-street cycling network throughout the city. To ensure unimpeded traffic mobility on Drummond Road once the road improvement project next to Oldfield Estates is completed and keep the bike lanes free of parked vehicles, Staff is recommending that a "no parking" restriction is posted on both sides of Drummond Road and that the bike lanes are signed and marked according to regulations. These parking and traffic control measures are consistent with other re-constructed arterial roads in the City. BACKGROUND Drummond Road between Oldfield Road and a point 100 metres north of Sam lorfida Drive/Lionshead Avenue is currently being reconstructed as part of the Oldfield Estates subdivision works. Designated cycling lanes will be provided in both directions within the limits of the construction project in accordance with the City's Sustainable Transportation Master Plan on-road active transportation network. This project is a continuation of work that was completed on Oldfield Road in 2015 which will also include bikes lanes on both sides of the road. An urban cross-section consisting of a 2 TS-2016-11 March 8, 2016 curb and gutter, grass boulevards and concrete sidewalks will be provided on both sides. These improvements are being carried out to upgrade the road to current urban standards. ANALYSIS/RATIONALE There are no signed parking restrictions currently on this section of Drummond Road. To ensure unimpeded traffic mobility and keep the bike lanes free of parked vehicles, Staff is recommending that the study area consist of a "no parking" restriction on both sides of Drummond Road. The bike lanes are recommended to be signed and marked according to established provincial regulations. The reconstruction project is expected to be completed in spring 2016. Staff solicited input from the residents and businesses directly affected by the implementation of the bicycle lanes, and no parking restrictions. From the five (5) properties solicited, three (3) responses were received. The respondents were not in favour of the bicycle lane fronting their property; however were supportive of bicycle lanes along the east side of Drummond Road. One respondent was not in favour of the parking restriction. Notwithstanding the residents' concerns; to move forward in implementing the recommendations in the Transportation Master Plan which consist of providing transportation modes to all users, Staff is recommending the implementation of the "no parking" restrictions and designated bicycle lanes. The implementation of the bicycle lanes is supported by the active transportation component of the City's Sustainable Transportation Master Plan and forms part of a connective bicycle network on Drummond Road. On-road cycling lanes are required in each direction as cyclists are required under the Highway Traffic Act to travel in the same direction as motor vehicles. On-street parking is available on Sam lorfida Drive. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2016 General Purposes Budget. The estimated cost to install the signs is approximately $2,700. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. 3 TS-2016-11 March 8, 2016 LIST OF ATTACHMENT Study area drawing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: I)---1AA" Ken Todd, Chief Administrative Officer MC TS -2016-11 Drummond Road Ni: garap lis Parking & Traffic By -Laws Limits of Road Improvements Proposed Bike Lanes No Parking Restrictions NORTH MCI 100111 r D z Z Z 0 3 D 1 m m co PBD-2016-09 NiagaraJalls March 8, 2016 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2016-09 AM-2015-013, Zoning By-law Amendment Application 5855 Garner Road Applicant: Garlund Properties Inc. Agents: Peter Tice, Ross and McBride LLP and Rick Brady, Brady and Associates Proposal: Proposed General Industrial Zone RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands General Industrial (GI), with site specific provisions to permit a brewery and to adjust the front yard depth and front yard landscaping to recognize existing site conditions, subject to site specifically excluding the uses as outlined in this report. EXECUTIVE SUMMARY Garlund Properties Inc. has submitted an application to amend Zoning By-law No. 79- 200 for 5855 Garner Road, which was formerly occupied by a sugar/drink mix packaging plant (Redpath). To expand the range of uses permitted on the property the applicant is requesting it to be rezoned from Transportation-Distribution Industrial (TDI) to General Industrial (GI) with site specific provisions to permit a brewery. The applicant is also requesting the existing front yard depth and landscaping in the front yard to be recognized. Planning staff recommend that the heavier industrial type uses permitted by the GI zone not be allowed to ensure the use of the property maintains compatibility with the dwellings in the Fernwood subdivision, north of the abutting railway line. With the exclusion of these industries, the amendment can be recommended for the following reasons: - Provincial policies and the City's Official Plan support the establishment of a larger range of economic opportunities provided adequate separation and mitigation between sensitive residential and industrial uses is achieved; - The subject property is located approximately 118 metres from the dwellings in the Fernwood subdivision meeting the Province's D-6 guidelines for the types of uses proposed to be allowed; - The Fernwood subdivision is buffered by on-site activity by the berm and noise fence that was required to be erected to address issues associated with the adjacent railway line and former sugar plant; 2 PBD-2016-09 March 8, 2016 The property has existed in its current state with an undersized front yard and a limited amount of landscaping for many years and a measure of land use compatibility has been achieved. BACKGROUND Proposal Garlund Properties Inc. has requested a Zoning By-law amendment for a 3.5 ha (8.8 ac.) parcel of land located known as 5855 Garner Road. Refer to Schedule 1 to locate the site. The zoning amendment is requested to expand the range of industrial uses permitted on the lands, including a brewery. Schedule 1 shows the details of the existing development. The lands are currently zoned Transportation-Distribution Industrial (TDI), in accordance with Zoning By-law No. 79-200, which permits a limited range of light to heavy industrial uses. The applicant is requesting the property be rezoned to General Industrial (GI), to expand the range of industrial uses permitted on the property, with site specific regulations to also include a brewery. In addition, the applicant is requesting site specific regulations to recognize the existing front yard depth and front yard landscaping. Site Conditions and Surrounding Land Uses The property is occupied by a 14,523 sq. m (156,329 sq. ft.) industrial building that was most recently used by Redpath for sugar/drink mix packaging. The property includes a railway spur and a large truck parking and loading area. The property abuts a campground to the south and west. Another campground exists to the east of the opposite side of Garner Road. A motel is exists to the south-east. Dwellings in the Fernwood subdivision are located to the north and are separated from the subject land by parkland, a berm and noise fence and a railway line. Circulation Comments Information regarding the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. By expanding the number of permitted uses on the property the application is consistent with Provincial policies supporting a larger range of economic opportunities within employment lands. Regional staff recognize that both the TDI zone and the GI zone permit a range of light to heavy industry, and note that a berm and noise fence has been constructed to buffer the Fernwood subdivision from the effects of industrial activities on the subject lands. The Region does not anticipate 3 PBD-2016-09 March 8, 2016 any increased adverse impacts as a result of the zone change; however the City should consider refining the permitted uses on the property to improve compatibility with surrounding residential uses. • Municipal Works, Parks Design, Legal Services, Transportation Services, Fire Services, Building Services No objections to the rezoning. Neighbourhood Open House A neighbourhood open house was held on February 1, 2016. No neighbours attended the open house to hear about the proposal or to provide comments. ANALYSIS 1. Official Plan The subject property is designated Industrial in the City's Official Plan. Industrial lands are intended to be used for a wide variety of industrial and employment uses and are expected to contribute to economic and employment growth. Adjacent uses, such as residential uses, are to be protected from the effects of incompatible uses and separated from general industrial type zones where possible. The proposed zone change will provide for a wider range of industrial uses, which will help the site contribute to the City's economic targets. The site is separated from nearby residential uses by a berm and noise fence and a considerable distance. Potential impacts on nearby residential uses can be further mitigated by limiting uses as discussed in the following section. 2. Provincial Policies and Zoning By-law Provincial policies require municipalities to provide for an appropriate mix of employment uses which support a wide range of economic activities, including industry. Permitting a wider range of industrial uses on the property would be consistent with Provincial policies. Provincial D-6 guidelines recommend specific separation distances for light, medium and heavy industrial uses from more sensitive residential uses to ensure they are not impacted by noise, odour or dust. Class 1 industries (light industries) are smaller daytime operations with modest traffic and little or no emissions. Class 2 industries (medium industries) are larger operations with more traffic, off- hour operations and some emissions. Class 3 industries (heavy industries) are large scale, around the clock operations with considerable traffic and significant emissions or dust. To reduce impacts, the guidelines establish separation distances between industrial and sensitive uses ranging from 20 metres (66 ft.) for Class 1 industry, 70 metres (230 ft.) for Class 2 industry and 300 metres (1,000 4 PBD-2016-09 March 8, 2016 ft.) for Class 3 industry. The guidelines allow reduced setbacks to be considered if mitigative measures are implemented. The planning study submitted with the application compares the intensity of uses permitted under the current TDI zone to those permitted under the proposed GI zone. The study concludes that the TDI zone and the GI zone are similar in terms of the range of industrial uses permitted (Class 1 to Class 3) and that the intensity of use would not be increased by the requested zone change. The study acknowledges that the nearest sensitive uses (dwellings in the Fernwood subdivision) are located 118 metres away from the subject land, and therefore less than the recommended separation distance for a Class 3 industrial use. However, mitigative measures were implemented within the Fernwood subdivision to buffer the dwellings from the former Redpath facility and the abutting railway. These include a substantial berm and a noise fence. Further, a warning clause in the subdivision agreement advises residents about the industrial use of the property. The Region, who reviews applications from a Provincial perspective, has accepted the findings of the study and does not anticipate increased impacts from the proposed zoning change. They also indicate that any new industry will need to comply with Provincial operational requirements through a separate Environmental Compliance Approval. However, they have noted that the City should consider site specifically refining the permitted industrial uses to ensure there are no increased impacts. Redpath's former operations had the potential to generate noise impacts with the rail car unloading facilities, truck traffic, and 24 hour operations. A degree of tolerance between this industry and nearby sensitive uses developed over the years. Planning staff together with the applicant's planner have identified several uses in the GI zone that could potentially produce enough emissions or noise to have an impact on surrounding sensitive uses and agree that they should not be permitted on the site. The uses to be excluded from the GI zone are as follows: - Artificial abrasive plant - Artificial fertilizer processing plant - Brick, pottery, tile, terra cotta, concrete and concrete products plant - Cleaning, curing, storing or tanning of hides and leather finishing - Rubber factory - Silver plating and cutlery plant - Soap manufacture - Stone cutting plant Even with the elimination of the forgoing uses, a wide range of light to medium industries would remain as permitted uses on the land. Two potentially heavier industries would are requested to be permitted, namely manufacturing, compounding, processing, packaging and assembling of raw, semi-processed or fully processed materials and a brewery on the property. Staff has no concerns 5 PBD-2016-09 March 8, 2016 as the current development of the property would generally limit the use to within a building, reducing potential impacts. Staff consider a brewery similar to a Winery in terms of operations and impacts. A Winery is a permitted use in the GI zone. The applicant has provided a definition of a brewery as follows: "Brewery - an industrial building where beer and ale is brewed, bottled, canned, stored and distributed. A retail component for the product may be provided within the same or adjacent building. The retail component is limited to 10% of the total building." The proposed definition is acceptable; however, the general provisions for an industrial zone already permit a factory outlet for the sale of goods produced on site as an accessory use. Therefore the last sentence of this definition could be deleted. The applicant has requested two site specific adjustments to the standards, to increase the front yard depth (from 10 metres to 16.7 metres) and to reduce the front yard landscaping (from 50% of the required front yard to 10%). These adjustments recognized existing site conditions that have existed for many years, therefore staff have no objections. FINANCIAL IMPLICATIONS Occupancy of this vacant building will provide additional tax assessment for the City. CITY'S STRATEGIC COMMITMENT The proposal is consistent with the Economic Growth and Prosperity Strategic Priority in that it will provide an opportunity for new business investment. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Site Plan Recommended by: Az Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 1%)---4t-411LA- Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2016\PBD-2016-09,AM-2015-013, Garlund Properties, Proposed General Industrial Zone,Zoning By-law Amendment.docx 6 PBD- 2016-09 March 8, 2016 SCHEDULEI LOCATION MAP Subject Larx!_ r 1. 1:235, I 1t �UNDY'S LN Amending the Zoning By-law No.79-200 'Ileb`v'^ials Location: 5855 Garner Road Applicant: Garlund Properties Inc. AM-2015-013 7 PBD-2016-09 March 8, 2016 SCHEDULE 2 -,.. --... _.....,_, WITMft7:1;""L------'''-=---,, 'lI -at„-- ......„--- I ft* - '-',..'*--, 1 .-.44e........s, . , II or •-7, 4 - --k--. , 1 , • I 4 : Aft r....„.................._1 i . .... - !I , fl'4 . / ; 1 - .-! =la II a 0 :4 1 ' r:_ t neeivaid MONO tl ' 4114.11•In IMPIMINI .MIIIIIIIMMIL. 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C) 0 3 3 C z c) n -I0 z co RAMESESSPRINGCEREMONIAL JUNE 10 - 12, 2016 NIAGARA SHRINE CLUB .474GARirS THE SCENE IN 2°16" 44rEses SPRING CEREMGN`P June 16, 2015 Illustrious Potentate Mayor's Office Al Berry The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Club President 2016 Canada Les Vass L2E 6X5 Director General Mayor Diodati David A Gillies The Niagara Shrine Club requests a city proclamation declaring the week of June 6 through June 12 7127 Stanley Ave "Shriners Week". Niagara Falls, L2G 7K2 905 358 6532 dgillies'@cogeco ca On Thursday June 8 at 2pm we have an opportunity to have our 2016 Potentate and his Divan (officers)available at City Hall if we could arrange to have a Shriners flag raising ceremony along with the Mayor and any council members wishing to attend. Secretary Ron Lyons Starting on June 9th The Niagara Shrine Club will be hosting the Rameses Shriners Spring 5187 Willmont St Ceremonial (Convention), one of two times a year our new Shriners are welcomed into the Shrine Niagara Falls, L2R 2A6 fraternity 905 358 7488 shrnerron c@;mail.corn - Expected attendance 2000 from Ontario, Quebec and our neighboring states in the USA Housing & Package - 15 plus hotels in the city are being used for housing the delegates. Peter Van Hemmen -Golf Tournament at the Niagara Parks Legends facility with a tentative luncheon at Betty's 6514 Ker St Niagara Falls, L2G 1X8 Restaurant. 905 357 4726 -Ladies program agenda undetermined, but leaning to using the Niagara Parks for their event. nfsc2.0"6(gmail con-, -A parade Saturday starting at 1pm lasting approximately one hour,we are trying to use the same Golf rout down Fallsview Blvd. again. It will include the Niagara Shriner's float"the Maid of the Mist"a Ted Woodland familiar sight to anyone who attends parades in the Niagara peninsula along with many other floats 33 Cumberland and bands from Canada and the USA. St Catharines, L2M 1E3 905 935 2193 -Large banquet in honor of the new Shriners at Club Italia on Saturday evening. erwccdy@syr^paiicc.ca This will be the fifth time the ceremonial has been held in Niagara; appreciating what Niagara has to offer we are spreading the festivities throughout the city. Your consideration of this request would be appreciated. Sincerely, David Gillies Director General 2016 Ceremonial 5621 NORTH ST. MAGMA FALLS,OIL LG 1J4 CANADA 10 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: March 8, 2016 Re: Cruising the Q Council has regularly approved grants equal to the fees associated with road closures for various Downtown events. The Cruising the Q events are weekly throughout the summer. As the attached email from Transportation Services indicates, there had been some issues related to short notification on cancellations due to inclement weather. Therefore, if Council wishes to provide the grant equal to the costs of the road closures that the approval be conditional on a minimum of 24 hour notice for any cancellation. RECOMMENDATION: Approval conditional on 24 hour notice for any cancellation. -74/ A Great City ... For Generations To Come 4342 Queen Street, Suite 102 Fel: 905-356-5444 a{o oy17 Niagara Falls, Ontario www.niagarafalisdowntown.com °owNtL2E 7J7 in to,i niagaratallsdowntown.com Niagara Falls February 17th, 2016 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Event Organizers: Celebrate Old Downtown Event: Second Anniversary Cigar Revival Show Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events. The COD is planning a number of street events throughout the 2015-year in co-operation with other event organizers. We will be holding the second anniversary Cigar Revival Show on May 14k, 2016, from 10am to 6pm. The event will be an indoor and outdoor event. Street Closure: We would kindly request permission to close Queen Street from Crysler Ave to St. Clair Ave. Please keep both Crysler Ave and St. Clair Ave open for vehicle traffic. This section of Queen Street will become a pedestrian only area. We would like the closure to happen May 14th, 2016 at 8am and reopen at 6pm.We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Sincerely, ._ Ron Charbonneau Chairman, Celebrate Old Downtown �ti4E��'� 4342 Queen Street. Suite 102 Tel: 905-356-5444 fl�o yJ�' Niagara Falls, Ontario www.niagarafallsdowntown.com aowNlc L2F 7J7 info4niagarafallsdowntown.com Niagara Falls February 17th, 2016 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Event Organizers: Celebrate Old Downtown Community Corp Event: Cruising on the Q Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events. The COD is planning a number of street events throughout the 2016 year in co-operation with other event organizers. Our first event will start on May 3th "Cruising on the Q" in which we will be inviting all car enthusiast to bring their rides to the downtown core. Street Closure: We would kindly request permission to close Queen Street from St. Lawrence to St Clair. Please keep both St Lawrence and St Clair open for vehicle traffic. This section of Queen Street will become a pedestrian only area. We would like the closure to happen every Tuesday from 6pm to 9pm starting on May 3th and ending on October 4th.We respectfully request that Council waive the costs of these street closures. A complete layout of the event will be submitted to Parking Operations and Transportations Services in the near future. Sincerely, �- „___._.__ Ron Charbonneau Chairman, Celebrate Old Downtown Dean Iorfida From: Marzenna Carrick Sent: Thursday, March 03, 2016 10:59 AM To: Dean Iorfida Cc: Paul Brown; Karl Dren; Mathew Bilodeau Subject: Cruise Nights Dean With respect to Cruise Nights staff is requesting the following to be included as a condition of permit approval. A representative from the BIA will contact staff by noon on the day of the event should the event be cancelled due to weather conditions. Other cancellations shall require a minimum of 24 hours prior to the start of the event. Should adequate cancellation notice not be provided,the organizer will be responsible for staff costs. 1 T NIAGARA AIRPORT ,ate _,, ay to the peninsula February 18, 2016 Brent Gotts, Transportation Planning McCormick Rankin I A member of MMM Group 2655 North Sheridan Way, Suite 300 Mississauga, ON Canada L5K 2P8 Re: Garden City Skyway Bridge— Letter of objection Dear Mr. Gotts In consideration of the proposed Garden City Skyway Bridge reconstruction project, the Niagara District Airport (NDA) is very much concerned that the proposed bridge plan did not adequately address the impacts on the airport. A new bridge structure over the seaway would have a service life of at least 75 years, however, it will become a new permanent feature in the Niagara landscape, which will create limitations/restrictions for the airport that are not there today. Any study should at a minimum have considered a planning horizon consistent with the new bridge service life. The recent GTAA study identifies that Pearson Airport will reach capacity by 2033 and that other surrounding airports will have to introduce capacity to satisfy the future demands. This message was conveyed to us by GTAA staff at a meeting held in Niagara on September 21, 2015 as part of their outreach and education around their study analysis. In order for the NDA to play a role in addressing these future travel demands and also to support and enhance economic development and tourism with in the Niagara Region the NDA must plan for and protect airport expansion opportunities. The WSP Aeronautical Assessment report did not adequately considered the growth and expansion of the NDA in the longer term. It is unreasonable to assume that this airport will not grow and require lengthened runway along with other enhancements. As previously discussed on May 1st 2015, the provision of a `letter of no objection' is subject to approval of the Airport Commission, and the Commission wants to see an assessment that includes expansion of `Runway 06' and will not provide a letter unless one is provided. The WSP Aeronautical Assessment report clearly states the negative impacts of the new bridge on approach minima's to `Runway 6', notwithstanding the even greater impacts if the runway was extended. The Airport is envisioning such an /11.0/ NIAGARA AIRPORT gatevvav to the peninsuta extension to support the growth of the surrounding communities and demand from aircraft operators, and to potentially alleviate capacity pressure on Pearson Airport. As such, we wish to state our present "objection" to the proposed plan. This objection is mainly centered on the height of the proposed new bridge. We demand the MTO and the Seaway Authority reconsider the bridge design and technical plans to avoid the new bridge creating negative impacts beyond those currently imposed by the existing bridge structure, and to conduct an assessment taking into consideration the runway extension on `Runway 06'. At the May 2015 meeting the MTO, MMM and WSP committed to considering undertaking such an assessment, and it was agreed that a further meeting with the NDA would occur to discuss the results of said assessment. The Airport continues to pursue collaboration with you to find a suitable bridge design that will support airport growth and safety of air operations. Yours truly, Gary Murphy Airport Commission Chair c. Bill Chung, MTO Martin Michalek, MTO Len Connor, Niagara District Airport Manoj Dilwaria, Niagara Region Chris Bittle, MP, (St. Catharines) Hon James J. Bradley, MPP (St. Catharines) Wayne Gates, MPP (Niagara Falls) Holly Dowd, Director of Corporate Services /Town Clerk, NOTL Dean lorfida, City Clerk, (Niagara Falls) Bonnie Dunk City Clerk, (St. Catharines) m 0 r c 0 z 111, CITY OF •CANADA _Nt4GAR4 FALiS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS The Downtown Board of Management (BIA) representing the businesses on Queen Street has a number of events planned for the summer; and WHEREAS the events will continue to help with the revitalization of the Downtown; and WHEREAS one of the events is the inaugural Niagara Falls Beer Festival (the "event") to be held August 13th and 14th, 2016; and WHEREAS the event organizer is Niagara Falls Beer Festival Ltd. (the "organizer"); and WHEREAS the event organizer would like to apply for a Special Occasion Liquor Licence (SOP) that would allow patrons to the event to travel along the closed road with alcohol; and WHEREAS the organizer has requested the appropriate road closures; and WHEREAS due to the nature of the event and the fact that the permit holder is neither a charity or not-for-profit organization, to obtain an SOP from the Alcohol &Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council that Council consents to Niagara Falls Beer Festival Ltd.'s desire to allow for alcohol to be carried on the closed street for the Niagara Falls Beer Festival; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the inaugural Niagara Falls Beer Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 477 S CITY OF •CANADA ._- _NIAGARA FALLS. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Springlicious("the event') is an annual food, wine and beer expo that promotes the City's downtown businesses; and WHEREAS the event is scheduled for May 27' to May 29th, 2016; and WHEREAS the event is being organized by Celebrate Old Downtown Community Corporation ("COD"), a not-for-profit organization; and WHEREAS COD has requested the appropriate road closures; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS COD would like to again apply for an SOP that would permit patrons to the event to travel along the closed road with alcohol; and WHEREAS the event is significant as it annually provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Council consents to Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the ninth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR D c CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to designate Blocks 225, 226, 227 and 228, Registered Plan 59M-416, not to be subject to part-lot control (PLC-2016-001). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not to be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2014-052, to permit the erection of on-street townhouse dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Blocks 225, 226, 227 and 228 into 20 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 225, 226, 227 and 228, Registered Plan 59M-416, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for three years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this eighth day of March, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 8, 2016 Second Reading: March 8, 2016 Third Reading: March 8, 2016 S:\PART LOT CONTROL\2016\PLC-001\PLC-2016-001 By-law.docx CITY OF NIAGARA FALLS By-law No. 2016 — A by-law to authorize the execution of an Encroachment Agreement with 4790 Victoria Avenue Ltd. respecting the encroachment of an entrance ramp from the sidewalk to the building municipally known as 4790 Victoria Avenue, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement dated November 1, 2015, and made between 4790 Victoria Avenue as Encroacher, and The Corporation of the City of Niagara Falls as City, respecting the encroachment of an entrance ramp from the sidewalk to the building municipally known as 4790 Victoria Avenue, Niagara Falls, owned by 4790 Victoria Avenue Ltd., as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Encroachment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Encroachment Agreement. Passed this eighth day of March, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 8, 2016. Second Reading: March 8, 2016. Third Reading: March 8, 2016. THIS AGREEMENT made this 1st day of November, 2015 BETWEEN: 4790 VICTORIA AVENUE LTD. Hereinafter called the"Encroacher" of the FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the"City" of the SECOND PART WHEREAS the Encroacher is the owner of certain lands in the city of Niagara Falls being more particularly described as firstly in Schedule "A" annexed hereto and forming part of this agreement and on which is situate a ramp from the sidewalk to the building municipally known as 4790 Victoria Avenue(the"Ramp"); AND WHEREAS the City is the owner of certain lands in the city of Niagara Falls being more particularly described as secondly in said Schedule "A" annexed hereto (the "City's Lands"); AND WHEREAS the Ramp encroaches upon the City's Lands, which encroachment is more particularly described as thirdly in Schedule "A" annexed hereto and as illustrated in the Reference Plan attached as Schedule"B"; AND WHEREAS the parties have agreed to permit the continuation of the said encroachment for the life only of the Ramp as more particularly set forth herein. NOW THEREFORE in consideration of the one time payment of TWO DOLLARS ($2.00) and other good and valuable consideration, the parties hereto mutually covenant, promise and agree as follows: 1. The encroachment of the Ramp onto the City's Lands shall be deemed to have been made, and the continuance of the said encroachment shall be deemed to be, with the express licence and consent of City and with the intent that the Encroacher shall not acquire any easement or right in respect thereof save as created herein. 2. It is further understood and agreed that the encroachment by the Ramp shall continue for the life only of the Ramp and upon removal or demolition of the Ramp the encroachment shall, at the request of the City and at the Encroacher's cost, be removed and the Encroacher shall restore the City lands to its original condition or equivalent, and all right related in any way to the agreement shall immediately be terminated. 3. The Ramp shall not block or impede vehicular or pedestrian traffic no shall it, in any way, impede any traffic signals. 4. The Encroacher shall be responsible, at its own expense, for the cost of replacing a tourist directional sign on a 4x4 wood post and at a location approximately 1.4 metres (4.5 feet) from the encroachment at a cost of approximately Five Hundred Dollars ($500.00). 5. The Encroacher further covenants and agrees to maintain its encroachment in good repair at all times to the reasonable satisfaction of the City. 6. The Encroacher further covenants and agrees to indemnify and save City harmless from and against all losses, claims, damages or injuries (including death) which City may suffer or be put to by reason of the encroachment, its construction, existence, repair or maintenance or resulting therefrom in any way whatsoever. The Encroacher agrees to take out and keep in force a Commercial General Liability insurance policy, in a form satisfactory to the City Solicitor, with all inclusive coverage of not less than Five Million Dollars ($5,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Encroacher to the City under this Agreement and to contain a "cross liability"endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Encroacher to raise the minimum amount of coverage and shall so advise the Encroacher in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy, showing the amended coverage. Failure of the Encroacher to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 7. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the subject lands, in the event of an emergency and the Encroacher covenants and agrees that such removal shall be at the Encroacher's expense. 8. The Encroacher covenants and agrees with the City to maintain the Ramp at all times in good repair and in a conditions satisfactory to the Director of Transportation Services, acting reasonably. 9. The Encroacher covenants and agrees with the City that the Ramp shall be limited to the encroachment shown on Schedule "B"to this agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Ramp in any manner whatsoever. 10. This agreement, including Schedules "A" and "B", constitutes the entire agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, presentations and understandings, both written and verbal, in respect of the subject matter. 11. It is further agreed that this agreement or notice thereof shall be registered against the title of the lands to the parties hereto. 12. This Agreement shall be read with all changes of gender and number required by the context. 13. The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this Agreement without the written consent of City Council, which consent shall not be unreasonably withheld. 14. The City may terminate this agreement upon 30 days' notice, in writing, to the Encroacher as to its intention to terminate. 15. Upon termination of this agreement, the Encroacher shall remove entirely, at its sole expense, the Encroachment from the City lands. 16. If the Encroacher is in default or breach, at the Encroacher's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Encroacher by adding the expenses to the Encroacher's municipal taxes to be collected in accordance with the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 17. The Encroacher shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the prior written consent of City Council, which consent shall not be unreasonably withheld. 18. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 19. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e-mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c) in the case of registered post, on the third day, which is not a holiday, following posting. If to the Encroacher: 4790 Victoria Avenue Ltd. 4605 Crysler Avenue Unit 4 Niagara Falls, ON L2V 3E6 Attention: Mr. Phil Ritchie If to the City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Clerk Telephone: (905) 356-7521 Facsimile: (905) 356-9083 Any such notice shall be deemed to have been given or received, if delivered, on the day on which it was delivered if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of delivery; and if sent by facsimile, on the day on which it was transmitted if received by 5:00 p.m. on a business day and otherwise on the first business day after the date of transmission. Either party may change its address for receipt of notices hereunder by giving notice thereof to the other party in accordance with this Section 13. For purposes of this Section 13, "business day" means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario. IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations. 790 VICTORIA AVENUE LTD. Name: �� _ - Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name:James M. Diodati Title: Mayor Name:Dean lorfida Title: City Clerk SCHEDULE "A" to an Agreement dated this 1st day of November, 2015 between 4790 VICTORIA AVENUE LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Firstly: Lot 4 Block V Plan 999-1000 Town of Niagara Falls; Lot 5 Block V Plan 999-1000 Town of Niagara Falls; Lot 7 Block V Plan 999-1000 Town of Niagara Falls; Lot 15 Block V Plan 999-1000 Town of Niagara Falls; Lot 16 Block V Plan 999-1000 Town of Niagara Falls; Part Lot 3 Block V Plan 999-1000 Town of Niagara Falls; Part Lot 8 Block V Plan 999-1000 Town of Niagara Falls as in NF50976. PIN 64329-0160(LT). Secondly: Part road allowance between Township Lots 91 and 92 Stamford; Part road allowance between Township Lots 93 and 94 Stamford; Part Lot 1 Range 1 south side of Chestnut Street Plan 284 Town of Niagara Falls as in RO503795; being Victoria Avenue lying between Bridge Street(formerly Chestnut Street) and Morrison Street. PIN 64329-0001(LT). Thirdly: Part road allowance between Township Lots 93 &94 designated as Part 1 on Reference Plan 59R-15493. Part of PIN 64329-0001(LT). All in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE"B" to an Agreement dated this 1st day of November, 2015 between 4790 VICTORIA AVENUE LTD. and THE CORPORATION OF THE CITY OF NIAGARA FALLS Reference Plan 59R-15493 99£00-0 I REWIRE THIS PLAN PVN 59R- 15493 TO BE DEPOSITED UNDER PLAN OF SURVEY THE LINO TITLES ACT RECEIVED.AND DEPOSITED PART OF ROAD ALLOWANCE BETWEEN TOWNSHIP LOTS 93 & 94JAN 20,2011 (GEOGRAPHIC TOWNSHIP OF STAMFORD) CEC t6,2015,.,, DALE ..........:..................... DATE ........:................. CITY OF NIAGARA FALLS B SIMPSON ATNF REGIONAL MUNICIPALITY OF NIAGARA LAND REGISTRAR FOR THE LINO REOST RR FOL THE SCALE 1:100 NETRIC BRENT LAROCOUE LAND WILES DMSION 5m__ ` l Om Sm T OC....E....ors OF NIAGARA SOUTH BRENT LuOCWE IAGA SB) SCHEDULE - LAND TITLES PMT LOT PLAN/CONCESSION P.I.N. MBCA( OE..PIMA 0 CON. ION (�gyp ) 1 PMT OF ROAD M02*100E BETWEEN 5A.�O 29-0 OF 5.f M INC or OF ` OWI45WP LOTS BS Q B4 B432B-0001(Li) AEMR FALLS .t•\ T'41. ('7- " LEGEND ' \ ,l` ,I t OENOTEs SURVEY 10NNNENT FouND 1_lll�.k AG DENOTES MIRKY MORMENT FEINTED N,P� CC DETa1Es CS1102810s 35 DENOTES STA MDMt1010 BAR (744) LOWER R.J.WITNEYlS.O.L.S. 1 ). ^ (12571 DENOTES RIM.IAROCWE.O.LS. (55 O PM DENOTES PROPERTY IOEIMIER NUMBER ' OQOTEs CAMPED AN. OENOTEs TED DENOTES REFERENCE PUN No.5914-11014 a / I / L1' ,• BEARING NOTE ARO ARE DERnD FRom HORIZONTAL CONNTROLEMONUM MID DENUNG403010 04705420.017, 0644245.013 AND MDNUMENP 001993020:0414UB0.104. Q E611963.544 AND ARE REFERRED TO 111E CEMIML MEM*SII O -Y 00'W LONGITUDE.ZONE 17,202280444 1RANCARSE MERCATOR PEODA 96 FEIRENCE SYS 00 VALUES ARE W1063(C *0)20000 2010.0 `� FOR BEARING CONPAI100NS.A 00TA11ON EITHER CouNTER- -- I OLOCNWSE OR CLOON0S0 000 APPLIED TO THE IMAMNG5 AS ` _, SHOWN IN TME LEGEND ABOVE. NORTHWEST CORNER LOT° METRIC NOTE DISTANCES SHOWN ON TINS PLAN ARE IN METRES AND CM BE i Y) CONVERTED 10 FEET BY 201025 BY 03046. OBTMCEs AND co-ORDINATES 51OYN ON Ms PLAN ARE AD.USTED CD-ORDINATES 67 OAULLTTIPRL830 CROEE BE BY AA CUWBMEE00 A SCALE FACTOR OP 0.90911903. C=) CO-ORDINATE SCHEDULE (`) PONT Al. NORT1 10 MINI ._0i 4774365317 956761630 I 4. 2 4774245.923 666703/95 3 {774200.1{1 950792.251 (" 11 4 47)4269.999 66762.751 ''''''01A . CO- 05TEs ARE IN NR ETR ,ARE I OI RELATED TO UTA TONE IT(000 LONGITUDE) CC CC . q: ,2003((C65 M)EPOCH 2010.0 ANO" / 1 ♦.. NEWREMETFVEMACCIMACY TUR.IAREAA Al An TIC CO-ORDINATES CANNOT.IN THE.EINES. W S`\0 () ♦ BE USED TO MWN OAAN TNS MAN. OR MEI- Li R Z J ¢ o SINN W!WE OJd`L*° La $$ Q S :g _ • 031 e d A5 2 0 -5) . c cc te3190'14,E, CD L i i FA, f C� SURVEYOR'S CERTIFICATE - I CERTI,)NAT. THIS SURVEY AND PUN ME CORRECT MO IN CT.THE SURVEYORS CC IL II:J ACT,THE LANORDANCE iITLES THE�TIC REGIUTI S MADE (1257) UNDER THEM 2.� ( WAS COMPLETED ON THE,W DAY 5. BRENT LAROCOVE O.L.S. DECEMBER IS,2015 BRENT LAROCOUE l \.' RICHARD LAROCQUE LIMITED `" I ONTARIO LANO SURVEYORS&CONSULTANTS ry I ' _ 12 LYMAN STREET,ST CATHARINES,ONTARIO 905-B8B-1413 6385 00LBORNE STREET,NIAGARA FALLS,ONTARIO 905-358-8400 1HreF301e He3'IeW/�_ _ (a iO imwl4,m.YINxTm1n44 7eb.720 "'-i GATE:J GF99 N J6.293 FILE 0P.:_I$jC620=013Q 0LB0.0ILE:115209D_9.13 -42 5-00368 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule "C", and that Schedule "C" attached hereto shall be inserted in lieu thereof. 2. Bylaw 2016-08 is hereby repealed. Passed this 8th day of March, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 8, 2016. Second Reading: March 8, 2016. Third Reading: March 8, 2016. SCHEDULE "C" Parking By-law Enforcement Officers: William Ayotte Gabe Bogucki Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing Bill Durfy John Garvie Lou Hussey Norm Leonard William Bruce Lewies John MacLeod Mike Rodgers Stewart Rodgers Philip Rudachuk Chris Russell Dave Simpson Randy Tait Charles (Chuck) Wolkowich CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to authorize the execution of an amending agreement between the Corporation of the City of Niagara Falls and the Canadian Corps of Commissionaires (Hamilton Division) related to the provision of Municipal Parking Control and other services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An amending agreement between the Corporation of the City of Niagara Falls and the Canadian Corps of Commissionaires (Hamilton Division) related to the provision of Municipal Parking Control and other services, attached hereto, is hereby approved. 2. That the Mayor and City Clerk be hereby authorized to execute the amending agreement. 3. That the City Clerk be hereby authorized to affix the corporate seal thereto. Passed this eighth day of March, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 8, 2016. Second Reading: March 8, 2016. Third Reading: March 8, 2016. THIS AMENDMENT AGREEMENT made this 8th day of March, 2016 BETWEEN: CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON DIVISION) Hereinafter referred to as the "Canadian Corps" - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter referred to as the "Corporation" WHEREAS the parties hereto entered into an Agreement dated the 9th day of April, 2001, (the "Agreement"); AND WHEREAS the parties hereto wish to make changes to the said Agreement in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. The provisions of the Agreement are amended as of the 8th day of March, 2016, in the following manner: (a) Paragraph 2.(b), as numbered in the Agreement is deleted and replaced as follows: (i) To commence work upon instructions from the Director of Transportation Services or designate to carry out the work in accordance with the proposal and to complete all the work in accordance with the order dictated by the Director of Transportation Services or designate before April 2, 2018. (ii) That the work schedule is subject to change by the Corporation, upon two weeks notice to Canadian Corps, in accordance with paragraph 2.6 of the Request for Proposal dated March 9, 2001. (b) Paragraph 2.2 of the Request for Proposal dated March 9, 2001 is deleted and replaced as follows: (i) That the number of positions required is subject to change from time to time to meet the operational needs of the City. (ii) The Director of Transportation Services or designate shall determine the operational needs of the City. (c) The Municipal Parking Control Officer's Hourly Rate Schedule as contained in the Canadian Corps Response to the Request for Proposal dated March 9, 2001, numbered as paragraph 4.(a)(i) in the Agreement, is deleted and replaced with Schedules "A" and "B" attached hereto. (d) Paragraph 2.5 of the Request for Proposal dated March 9, 2001 shall include Family Day as an observed holiday and charged to the City as such. 2. The Agreement, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Agreement, in all other respects, are confirmed. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON DIVISION) Per: Name: -s. L,�, y <. Title: c e�> Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk SCHEDULE "A" Municipal Parking Control Services Proposed Bill Rates 1 Dec 2015 1 Jan 2016 1 Jan 2017 Position 1.75% 1.75% 1.75% Regular Rate $22.45 $22.84 $23.24 Warrant Officer Overtime $33.68 $34.26 $34.86 Statutory Holiday Worked $56.13 $57.10 $58.10 Statutory Holiday Not Worked $22.45 $22.84 $23.24 Regular Rate $19.94 $20.29 $20.65 Sergeant Overtime $29.51 $30.44 $30.98 Statutory Holiday Worked $49.85 $50.73 $51.63 Statutory Holiday Not Worked $19.94 $20.29 $20.65 Regular Rate $17.45 $17.76 $18.07 Bylaw Officer Overtime $26.18 $26.64 $27.11 Statutory Holiday Worked $43.63 $44.40 $45.18 Statutory Holiday Not Worked $17.45 $17.76 $18.07 SCHEDULE "B" Building Security Proposed Bill Rates Position 1 Dec 2015 1 Jan 2016 1 Jan 2017 Regular Rate _._.._$16.26 $16.54 $16.83 Overtime $24.39 , $24 81 $25.25 Security f Coordinator Statutory Holiday Worked $40.65 $41.35 $42.08 Statutory Holiday Not Worked $16.26 $16.54 $16.83 Regular Rate $15.40 $15.67 I $15.94 Overtime $23.10 $23.51 $23.91 Security Guard Statutory Holiday Worked $38.50 $39.18 $39.85 Statutory Holiday Not Worked $15.40 $15.67 $15.94 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of March, 2016. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 8th day of March, 2016 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this eighth day of March, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 8, 2016 Second Reading: March 8, 2016 Third Reading: March 8, 2016