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2006/09/12 Council Information *for period ended September 12, 2006* *Municipal* 1. Downtown Urban Design Guidelines Open House, Tuesday, Sept. 19th, CR#2 4:00 to 7:00 p.m 2. OLGC Assessment Appeal 3. Merger with Pen West 4. Community Museum Operating Grant 5. Opportunities for Inter-municipal Cooperation 6. Women's Place 3rd Annual Bi-National Peace Bridge March 7. Heart Niagara Annual Meeting, Sept. 19th, Four Points Sheraton, St. Catharines, 11 :30 a.m. to 1 :45 p.m. 8. Niagara Wine Festival Celebrity Luncheon, Wed. Sept. 20th @ 11 :45 a.m. @ Quality Hotel, St. Catharines 9. Project SHARE Tuna and Noodle Event at Chippawa Presbyterian Church, 12:00 p.m., Sunday, Oct. 15th 10. Thank you letter from Women's Place 11. Thank you letter from GNGH Auxiliary *Provinciall A.M.O.* 1 . End of Mandatory Retirement 2. OMERS Support Fund 3. Bill 43, Clean Water Act 4. Building Code Act 5. LCBO Deposit Return 6. Climate Change and Public Health Symposium 7. Ontario Tourism Marketing Summit 8. Enbridge Gas Notice of Application. *Federal* 1. Affordable Housing 2. Growing Sustainable Connections - Carolinian Coalition *Regional* 1. Niagara Tunnel Project - Reuse of Shale 2. Council Highlights 3. Police Services Board Report *Resolutions* 1. Court Deficiencies 2. MPACI Assessment 3. Social Services 4. Cement Kilns 5. U.S. Coal-Fired Power Plant Pollution NiagaraFffll~ NOTICE OF OPEN HOUSE FOR THE CITY OF NIAGARA FALLS DOWNTOWN URBAN DESIGN GUIDELINES AND OFFICIAL PLAN/ZONING PROVISIONS You are invited to attend an Open House to view and provide input on the proposed Urban Design Guidelines for the Downtown Community Improvement Plan Area. The Consultants will also provide information on the proposed Official Plan Policy and Zoning Provision changes which will guide development in the Downtown Area. The Open House will be held on: Tuesday, September 19, 2006 4:00 - 7:00 p.m., Committee Room #2 (downstairs) Presentation will take place at 5:00 p.m. Niagara Falls, City Hall 4310 Queen Street The Consultants have met with stakeholders in the Downtown Area and held a Community Workshop in August, 2006 to gather input for the Urban Design Guidelines and City Planning Documents. They have also utilized the Community Improvement Plan (CIP) and the Strategic Implementation Plan (SIP) in their preparation of the Block by Block Plans for the various districts in the Downtown Area. The Consultants will be sharing the draft details of their work that will guide future development in the downtown following the necessary City Council and Regional Agency approvals. The Open House will enable the public to review the work of the Consultants and provide comments. The Consultants will be making a presentation at 5:00 p.m. In you have any questions please contact Bob Bolibruck, Community Improvement Program Coordinator at (905) 356-7521, ext. 4298 Design Guidelines\Notice of Public Open House September 16, 2006.wpd ~ Ministry of Public Infrastructure Renewal Ministere du Renouvellement de I'infrastructure publique Ministre 6e etage, edifice Mowat 900, rue Bay Toronto ON M7 A 1 L2 Tel.: 416 325-0424 Telec: 416325-3013 www.pir.gov.on.ca Adresse postale : 4e etage, bureau 425 777, rue Bay Toronto ON M5G 2l::5 ~ ~-,. Ontario Minister 6th Floor, Mowat Block 900 Bay Street Toronto ON M7A 1L2 Tel: 416325-0424 Fax: 416325-3013 www.pir.gov.on.ca Mailing Address: 4th Floor, Suite 425 777 Bay Street Toronto ON M5G 2E5 September 12, 2006 c: J. MacDonald S. Felicetti K. Burden PI R2063MC-2006-78 September 6, 2006 His Worship R.T. (Ted) Salci Mayor City of Niagara Falls City Hall 4310 Queen Street, PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci: Thank you for your letter regarding the Ontario Lottery and Gaming Corporation (OLG) appeal of the recent municipal assessments for Casino Niagara and the Fallsview Casino Resort. I appreciate the time that you have taken to share the concerns of Niagara Falls City Council on this important matter. The office of the Chair of Niagara Regional Council has also contacted my office recently on this issue. As you are aware, the OLG is an arm's-length agency of the government, responsible for the conduct and management of Casino Niagara and Fallsview Casino Resort. With respect to the current appeal filed by the OLG, I understand that the normal Municipal Property Assessment Corporation's (MPAC) objection process available to all Ontario property owners has been followed. I appreciate the concerns you have raised and I understand that discussions took place between the OLG, the City of Niagara Falls, MPAC and the Region, as well as the City of Windsor, to discuss broader tax issues. I also understand that discussions contin.u.e with respect to the Casino Windsor appeal and that the appea.' is to be kept separate from the Niagara appeals as stated in the decision by the Chair of the Assessment Review Board. It is important to allow the process to continue in an attempt to reach a mutually satisfying resolution for all concerned. Thank you again for taking the time to advise me of your concerns and the concerns of Niagara Falls City Council. . erely, David Caplan Minister c: Mr. Peter Partington, Chair, Niagara Regional Council Mayor Ted Salei City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagaratalls.ea (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalei@niagaratalls.ea April 11, 2006 The Honourable David Caplan Minister of Public Infrastructure Renewal Mowat Block Building 6th Floor 900 Bay Street Toronto, ON M7A IL2 COpy- Dear Minister Caplan: Re: Niagara Falls Casinos Assessment Appeals At a recent meeting, Niagara Falls City Councilleamed that the Ontario Lottery and Gaming Corporation (OLGC) has appealed the 2003 to 2005 assessments for Casino Niagara and the Fallsview Casino Resort. While it is understandable that the bureaucrats at the OLGC are trying to look for ways to save money and maximize profits, our Council is disappointed and chagrined that they are trying to do so at the expense of the local taxpayers. In 2005, for example, the Regional Municipality of Niagara, the City of Niagara Falls and local school boards received more than $18 million in taxes. The City received about $7 million of this amount. Needless to say, budgets have been set and tax rates calculated accordingly on the basis of the Casino assessment amounts. Having any amount less than the $7 million will mean either a reduction in municipal services or an increase in taxes to maintain service levels. Any benefit realized by the OLGC, from the appeal, will be to the detriment of other commercial properties and other property classes. The effect will be even worse if the City has to reimburse the OLGC for previous years, money which has already . been spent on infrastructure and other essential services. Secondly, the assessment levels of the properties in the vicinity of the two local c.asinos have, undoubtedly, gone up in the last few years. This is a sign of the prosperity and increase in market value for these properties. It would stand to reason that the value inherent in casino property has also increased. - 2 - Even if the OLGC was to see a reduction in its assessment would the amount make much of a difference after legal costs have been expended? It is our understanding that the City of Windsor will be expending up to $200,000 to fight the appeal. Niagara Falls anticipates fees in the six figures. Undoubtedly, the legal expenses for the OLGC lawyers in the Windsor and Niagara Falls appeals will be similarly high; therefore, it is easy to see $1,000,000 being spent on legal fees alone. Finally, what is most disturbing to the average taxpayer is probably the fact that the OLGC, a Crown agency established by the Ontario government is disputing the assessment, set by the Municipal Property Assessment Corporation, a not-for- profit corporation funded by all 445 Ontario municipalities, and the taxes, in turn, paid to municipal and regional governments. I do not believe that the taxpayers appreciate levels of government arguing over monies that ultimately come out of the taxpayers' purse. Based on the above, Niagara Falls City Council is opposed to the OLGC appealing its assessment. Although you may not feel that it is appropriate for you to get involved, any influence you could exert to have this waste of taxpayers' money stopped would be greatly appreciated. The OLGC is better off looking for ways to cut costs and maximize profits in the operations of their casinos than get a break at the expense of the public purse. Sincerely, R. T. (Ted) Salci Mayor RTS:di:cec c Members of Niagara Falls City Council Chairman Peter Partington, Niagara Region ~. ~AIIIimIiI Ontario Ministry of Finance Office of the Minister Ministere des Finances Bureau du ministre August 8, 2006 7lh Floor, Frost Building South 7 Queen's Park Crescent Toronto ON M7A 1Y7 Telephone : 416 325-0400 Facsimile: 416 325-0374 78 etage, Edifice Frost sud 7, Queen's Park Crescent Toronto ON M7 A 1 Y7 Telephone : 416 325-0400 T efecopieur: 416 325-0374 His Worship Mayor R.T. (Ted) Salci City of Niagara Falls City Hall 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci: Thank you for your letter regarding a possible merger between Niagara Falls Hydro Inc. and Peninsula West Utilities (Pen West). I understand that representatives of Pen West and Niagara Falls Hydro met with members of my staff to discuss the proposed merger. As a result, you are aware that Ministry of Finance staff are closely monitoring the application of the transfer tax as it is one of several issues identified by stakeholders as affecting the electricity sector. Other issues, such as streamlining of the regulatory process, have also been noted. We are working with the Ministry of Energy as it continues to explore ways of encouraging further efficiency and consolidation in the electricity sector. If another transfer tax exemption is to be implemented, we will liaise with our colleagues at the Ministry of Energy to maximize its effect. Please be assured that the concerns of both Niagara Falls Hydro Inc. and Peninsula West Utilities have been taken under advisement. Thank you again for writing. , ,,i'\ \~', 3 . .,~ ">... . " ~ i . "~..,~/.. I ~ "....~.i~: ~ .Sf (<;,./ 'f/I!II ~ ,~ ~ , ::1 Y!i.t (t., ~ ~.x"'" .,: CJ f\. C:) : J~ ... .;;.f ~ ': .;;~t. t~.!.~ ^- \ ~ ",.;...\ ,.. ....:) ~C:S'- ~/). ~ 1)'''3.:':: ~.. ~' .~- . V..cjc(C ~ '~GA~ 1 Ol~~ teA Mayor Ted Salci '. '. '. -', '~'.,." ,-' . -', . );'~":,,..'., :<:c~,.:~;~>""~_,;,,,>-;jki' v;t~J [;~'l/ ~ ~/,1 .J~:,;'_~t,: City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca August 22, 2006 The Honourable Caroline DiCocco Minister of Culture 900 Bay Street, 5th Floor Mowat Building Toronto ON M7A lL2 Dear Minister: Re: Community Museum Operating Grant (CMOG) At a recent meeting, Niagara Falls City Council received information on the Province of Ontario's Community Museum Operating Grant (CMOG) program. Councilleamed that although the program provides a modest $2.6 million a year, the amount has remained unchanged since the 1980's. Also, despite having an established funding formula, the paucity of funds means that applying museum boards rarely get the full allotment possible under the program. As I am sure the Minister can fully appreciate, museums are vital to the fabric of communities. Museums provide heritage preservation, education and civic pride to the residents of local municipalities. Often the quality of life of a community is greatly enhanced by the presence of first-rate museums within its municipal boundaries. Niagara Falls is fortunate to have two well-established museums under the purview of our Board of Museums: the Lundy's Lane Historical Museum and the , Willoughby Historical Museum. The Board members and museum staff have worked diligently to raise the profile of the museums' offerings over the last few years. In addition, the Museum has been involved in other community efforts such as the revitalization of the City's farmers' market. Council recognizes the importance of museums in our community. The municipality purchased a former Federal armoury which is slated to become a military museum in the next couple of years. - ~ Minister DiCocco - 2 - August 22, 2006 As a result of the discussion at the Council meeting, Niagara Falls City Council passed the following resolution: That a letter be sent to the Ministry in support of the increase to the Provincial Community Museums Operating Grant (CMOG). Carried Unanimously Your consideration of the above noted resolution is respectfully requested. Sincerely, ~~ RTS/di:cec R. T. (Ted) Salci Mayor c. Kim Craitor, M.P.P., Niagara Falls Gordon West, Chairperson, City of Niagara Falls Board of Museum Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niag.arafalls.on.ca .Dean lorfida City Clerk ~ Tel: Fax: E-mail: (905) 356-7521 (905) 356-9083 diorfida@city.niagarafalls.on.ca September 12, 2006 Mr. Mike Trojan, Chief Administrative Officer The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold ON L2V 4T7 Dear Mr. Trojan: Re: Opportunities for Inter-municipal Cooperation in Niagara At the September 11 th meeting, our Chief Administrative Officer, Mr. John MacDonald presented the attached report, CAO-2006-04 - Economic Growth. Strategy: Opportunities for Inter- municipal Cooperation in Niagara to Niagara Falls City Council. The Council accepted the ~eport and its aims; however, they expressed an interest, that under the Transportation heading, the final bullet, "Niagara linkages to rapid transit across the Province", be more explicit to reflect efforts to get GO Transit into Niagara. There was also discussion about the possibility of Greyhound bringing increased service to the Niagara Region. Once again, Council endorsed the Opportunities for Inter-municipal Cooperation in Niagara document but would like to emphasize efforts to have GO Transit and other transportation providers, that would increase the rapid movement of individuals to and from Niagara, in the Region. fL- Dean 10 Ida City Clerk Ext.4271 c. John MacDonald, Chief Administrative Officer Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development Page 1 of 1 Dean Iorfida - UPCOMING EVENT FOR WOMEN'S PLACE From: To: Date: Subject: "Tamara Coleman-Lawrie" <t_ coleman _lawrie@hotmai1.com> <kevin.adams@ctfs.com>, <amies@theburkegroup.com>, <macb88@hotmai1.com>, <ABURGOYNE@niagarac.on.ca>, <burlock@cogeco.ca>, <djchuck47 @hotmai1.com>, <t_ coleman _lawrie@hotmai1.com>, <wcreighton@niagarathisweek.com>, <Jack. Custers@cogeco.com>, <ecyr 1 @cogeco.ca>, <cdennis@thedennisgroup.ca>, <amydesson81 @yahoo.ca>, <evans _ 36@hotmail.com>, <victor@niagara.com>, <adelefilice@yahoo.ca>, <diorfida@niagarafalls.ca>, <vjohnson 1 @cogeco.ca>, <kkandyba@hotmai1.com>, <Dkerekes77@ao1.com>, <tammylandrytaylor@hotmai1.com>, <macphrsn@martinshep.com>, <JMergl@ao1.com>, <kathleen.moccio@ncdsb.com>, <mmontalban@cogeco.ca>, <KNOMM@RICH.COM>, <supremeregion@hotmai1.com>, <noelles@niagara. com>, <karen. stearne@heartniagara.com>, <minbin82@hotmail.com> 9/12/2006 2: 17 PM UPCOMING EVENT FOR WOMEN'S PLACE Good Afternoon All, Please visit http://www.womensplacesll.org/events.htm#e4 to join us at the 3rd Annual Bi-National Peace Bridge March & Luncheon. It is the most inspiring and heartwarming events I have ever participated in and would love to have you come out and join us. By clicking on the link above you can access all the event details and the brochure to register. Please note, you don't have to raise pledges to walk with us or join us for lunch. Should you require any additional info, please give me a call at 353 0361 & PLEASE FORWARD THIS TO YOUR EMAIL CONTACTS FOR ME! !! THANKS! Tamara Coleman-Lawrie file://C:\Documents and Settings\di202\Local Settings\Temp\GW}OOOOl.HTM 9/12/2006 From: Date: Subject: "Karen Stearne" <karen.stearne@heartniagara.com> 9/12/2006 4:42:07 PM Join Heart Niagara for our 29th Annual Meeting Heart Niagara 29th Annual Meeting 'Small Change Big Difference' August28,2006 Tuesday, September 19, 2006 Four Points by Sheraton, 3530 Schmon Parkway St. Catharines, ON Heart Niagara Presents.... Dr. Goutham Rao, MD Preventing Child Obesity in Niagara: an optimistic approach to achieving and maintaining healthy weights. Dr. Goutham Rao, a leading specialist in child obesity the author of Child Obesity: A Parent's Guide to A Fit, Trim, and Happy Child, Dr. Rao has a wealth of experience in the prevention of child obesity. Dr. Rao is currently the Clinical Director of the Weight Management and Wellness Center at Children's Hospital of Pittsburgh and Associate Professor of Pediatrics in the University of Pittsburgh School of Medicine. Dr. Rao also serves on the faculty of the family medicine residency and faculty development fellowship programs at UPMC St. Margaret hospital. He has received many teaching honors. Recently, Dr. Rao was elected to the Academy of Master Educators in the School of Medicine. He has run and taught a successful course in clinical epidemiology and biostatistics for all first year medical students for 6 years. Dr. Rao is the author of many scientific publications including three books. Primary Care Management: Cases and Discussions, a textbook for medical students was published in 1998. Rational Medical Decision Making: A Case-Based Approach, a textbook of clinical epidemiology will be released by McGraw-Hili later this year. Dr. Rao is also an accomplished scientific editor. He is Assistant Editor of the Journal of Family Practice, Associate Editor of ACP Journal Club and serves on the editorial boards of the journals Family Medicine and FP Essentials. Dr. Rao's current research involves implementation of effective strategies for primary care physicians to provide obesity-related counseling to children and families. A native of Halifax, Nova Scotia, Canada, Dr. Rao completed both his undergraduate and medical school training at McGill University in Montreal. He completed his residency training at the University of Toronto and his fellowship training in Pittsburgh at UPMC St. Margaret hospital. AGENDA Welcome Reception and Display Symposium 11 :30-12:00 Opening Remarks 12:05-12:10 Lunch 12:10-1 :00 Dr. Goutham Rao Keynote Speaker 12:30-1 :00 Questions and Discussion 1 :00-1 :15 Heart Niagara's 29th Annual General Meeting 1 :30-1 :45 Mark Tuesday September 19, 2006 on your Calendar! $20.00 per person RSVP Today Karen Stearne Executive Director Heart Niagara Inc. Allied Health Building 5673 North Street Niagara Falls, ON L2G 1 J4 905-358-5552 www.heartniagara.com <http://www.heartniagara.com/> 'Small Change Big Difference' cc: "Jo-Anne Gale" <joanne.gale@heartniagara.com> VVI L.&..I ,,"VVV WL"-IJ." ..L.... VV ~.LlI..u.. ..,VV' V'VV U,,".&....L '""'~ ~Y"-' ~ .L"-'LL__~ ~.~ "'-..L" ~ VV.L.' VV.L. \~-,~1!? Grape Growers /~. ~y.~ ~~- \/1 . of 0 N TAR I 0 September 11, 2006 Mayor Ted Salci. City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 BY FAX: (905) 374-3557 Dear Mayor Salei: On behalf of the Grape Growers of Ontario. I'd like to invite you and members of Council to attend the 23rd Niagara Wine Festival Celebrity Luncheon. Hosted by the Grape Growers of Ontario, this luncheon is the official launch of the Festival. It will be held Wednesday, September 20th at 11 :45 a.m. at the Quality Hotel & Parkway Convention Centre in S~. Catharines. Sponsors include Scotiabank and The Friends of the Greenbelt Foundation. This year's celebrity guest speaker is Hollywood comedian and Niagara wine promoter Dan Aykroyd. Aykroyd, star of such blockbusters as Blues Brothers and Ghostbusters, recently announced a $1 million investment in Niagara Cellars Inc., which includes EastDelJ Estates, Thomas & Vaughan, Lakeview Cellars and Birchwood Estates. Aykroyd promises to bring aU of his comedic charm and wit to the table on September 20th. He will also share his personal insight into the links between wine, food and celebrity. Tickets for the luncheon are $65 per person or $500 for a table of 8. To reserve seats, call the Niagara Grape and Wine Festival office at 905-688-0212 (extension 12), or visit www.niagarawinefestivaLcom. Immediately following the luncheon, please join us as we proceed to the vineyard for the official installation of the new Grape King for 2006. Sincerely, ....-...,......,.---. ..-....... "'... ,---"t,~4~-"'~---"-,-,.._._., / \ l....~ ......~......._.._.......; Debbie Zimmerman CEO P.O. Box 1001 Vineland Station, Ontario LOR 2EO p.905.688.0990 f. 905.688.3211 e. info@grapegrowersofontario.com gra pegrowe rsofontario.cQ m . ',.,x ~, ", 'Wo:.... : , EVE\J- HGSTED BV" Women.s rpface of Soutli :Niagara Inc. July 20, 2006 Mayor Ted Salci City of Niagara Falls 4310 Queen St Box 1023 Niagara Falls ON Canada L2E 6X5 Dear Mayor Salci: On behalf of Women's Place of South Niagara Inc., the Board of Directors, and the Nova House Campaign team, I would like to thank you for your most recent pledge payment toward your commitment, and to again thank you for your generous support of our project to build a new, safe shelter for abused women and children. Thanks in part to your contribution the campaign has raised the $1.2 million. $2.2 million in government dollars has been received to build the new shelter. I am pleased to announce that construction is underway and schedule timelines suggest we will be able to open our doors this Fall 2006.. The new shelter will provide additional space, meeting rooms and proper programming areas for our clients and members of our communities. Once again, thank you and please find your official tax receipt below. Official Receipt for Income Tax Purposes Women's Place of South Niagara Inc. P. O. Box 184 Weiland Ontario L3B 5P4 Received from / Re~u de: 10 1570 City of Niagara Falls 4310 Queen St Box 1023 Niagara Falls ON Canada L2E 6X5 Receipt No. / No du re9u: 706625 131135717RR0001 - Charitable Registration Number Total amount received by charity: (Fair market value of property) Value of Advantage: (Cash/Fair market value of property or services) Eligible amount of gift for tax purposes: $20,000.00 $0.00 $20,000.00 Received on / Re~u Ie: March 27,2006 Issue Date / Date d'emission: July 20, 2006 Description of property received: Issue Location: Appraiser Name and Address: Canada RevenuWAgenrlJ:~WWwtrlap.mt;l~<iliii'ctlarRiaI Box 22025 Niagara Falls, ON L2J 2K8 · P: (?<hi \Vww.\vomensplacesn.org · \vomensplace@bellnet.ca ~ GNGH Auxiliary September 5, 2006 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 2L 1 Attention: Dean Iorfida Dear Mr. Iorfida: On behalf oftheGNGH Auxiliary I would like to thank you for supporting our 8th annual Pink Ladies Classic golf tournament. Your donation of a prize helped make this tournament a great success. We had 135 ladies playing and raised $11,277 dollars. With your help we are a step nearer to fulfilling our commitment of $1 million dollars to the Jeff Morgan Emergency Department at the Greater Niagara General Site. Thank you again for your support. Yours sincerely, ~ Margaret McWhirter Prize Chair 5546 Portage Road · Niagara Falls · ON · I2G 5X8 Mailing Address: P.O. Box 1018 · Niagara Falls · ON. I2E 6X2 Telephone: 905. 358 · 4937 · ext. 2900 ) ~J.J News Release Communique @ Ontario Ministry of Labour Ministere du Travail 06-90 For Immediate Release September 12, 2006 COUNTDOWN TO END OF MANDA TORY RETIREMENT IN ONTARIO Law Kicks In December 12; Ontarians To Choose When To Retire TORONTO - Three months from today, Ontarians will have a choice about when to retire, Labour Minister Steve Peters said. "People are healthier and living longer, so it is unfair to insist that they stop working simply because they turn 65," said Peters. "Ending mandatory retirement allows workers to decide when to retire based on lifestyle, circumstance and priorities." The government provided a one-year transition period to ensure everyone is ready for the new law to take effect on Dec. 12, 2006. The Ending Mandatory Retirement Statute Law Amendment Act was approved by the legislative assembly in an overwhelming 60-5 vote in December 2005. When the legislation takes effect, it will amend the Ontario Human Rights Code to protect people aged 65 and over from age discrimination for most employment purposes. The legislation also amends a variety of other statutes that have provisions connected to mandatory retirement. With the effective date only three months away, employers should: · Familiarize themselves with the requirements of the act and its possible effect on their workplace policies and practices · Consider what changes may be necessary to existing policies to comply with the end of mandatory retirement · Discuss with their unions any changes that might be required to their collective agreements. W otkers and their unions should also understand the provisions of the act and how they apply and then talk to their employers about how the new law will be implemented in their workplace. "Employers, unions and workers should now be actively preparing for the end of mandatory retirement," said Peters. "For example, some employers may need to adapt their human resources policies and practices to comply with the law." For more information, visit www.labour.gov.on.ca. A toll-free telephone line is also available for public inquiries at 1-866-400-8355. -30- 1 OMHRA eNEWS Page 1 of2 Dean Iorfida - OMHRA Alert - AMO / OMERS Support Fund From: Date: Subject: <ENews@omhra.ca> 9/7/2006 6:52 AM OMHRA Alert - AMO / OMERS Support Fund OMHRA AI.JERT 14 / 06 AMO - OMERS SUPPOR1~ FUND AMO - OMERS SUPPORT FUND At their recent conference in mid-August the Association of Municipalities of Ontario CAMO) hosted a special meeting to "discuss employer interests and AMO's proposal" which was outlined in a discussion paper - "Bill 206 and OMERS: Meeting AMO's New Responsibilities; Investing in Municipal Interests." (paper is a.tta~hed. for your information). The essence of the report was to request municipalities to agree to a funding formula so that AMO could fund education and training, recruiting costs, research and analysis costs, and administrative costs as related to the AMO appointed representatives to the Sponsor Corporation and the Administration Corporation. (2 reps on each). As you are aware, Bill 206 set up two entities; a Sponsor Corporation (SC) and an Administration Corporation CAC). AMO was given the responsibility to nominate 2 representatives to each of these boards. Subsequently f Bruce Stewart and Marianne Love were appointed/reappointed to the SC and Ann Mulvale and Michael Power to the AC. The Ontario Government then made the recommended appointments. AMO is proposing a model for municipalities to fund the costs outlined in paragraph two, above. The estimated costs would be based on the number of OMERS enrolled employees in the municipality. ($1.73 would be collected for 2006; $5.06 for 2007 and $5.72 for 2008). It has yet to be determined as to the method of collection and that information will be forthcoming from AMO. Ontario Municipal Hur Resources Associatior (OMHRA) P.O. Box 21047 Stratford, Ontario N5. Phone: (519) 275-36 Fax: (519) 275-2676 Web: W~_w~JLOlbx?t.,_c~, Email: ,a"d"mln,@"Q,D1"h..r This Alert is issued to inform the OMHRA members and to reiterate the OMHRA Board's support for the program. It is imperative that the Corporation members on the SC and the AC be fully educated and trained to understand a complex OMERS system; particularly in the advent of the file://C:\Documents and Settings\di202\Local Settings\Temp\GW}OOOOl.HTM 9/12/2006 OMHRA eNEWS Page 2 of2 introduction of the Supplemental Plans. It will also aid the member municipalities to provide funding to facilitate research and analysis of pending plan changes, like the Supplemental Plans. OMHRA would recommend your municipality's support for AMO's funding request. John Fleck Vice President Ontario Municipal Human Resources Association September 6, 2006 Copyright @2005 Ontario Municipal Human Resources Association If you would like to be removed from the OMHRAts electronic mailing lists, please reply to this email with Unsubscribe in subject heading. i:aeate file://C:\Documents and Settings\di202\Local Settings\Temp\GW}OOOOl.HTM 9/12/2006 ~bt_ 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario MEMBER COMMUNICATION ALERT NO: 06-049 To the attention of the Clerk and Council September 7, 2006 FOR MORE INFORMATION CONTACT: Milena Avramovic, AMO Senior Policy Advisor (416) 971-9856 ext 342 Province Commits to Bill 43 Implementation Funding Issue: In an announcement yesterday, Environment Minister Laurel Broten committed to establishing a $7 million Bill 43 implementation fund for 2007/08 and to further sustainable funding once implementation costs are better understood. Background: Bill 43, the Clean Water Act, is the Government's proposed source water protection legislation. The legislation. is currently being considered by the Legislature's Standing Committee on Social Policy. Yesterday's announcement included a variety of proposed Government amendments to the Bill. AMO has been advocating for extensive amendments to Bill 43, including an amendment to provide a stable source of implementation funding for source water protection. The announcement provides $5 million to support early action to protect land and water surrounding water wells and close to municipal water intakes, and $2 million to support local education and outreach related to source protection planning. More importantly, the announcement included the following statement by the Minister: "This initial funding is only the first stage of our commitment to rural Ontario. As communities complete their source protection plans, we'll know better what the costs of implementation are and how to effectively direct sustainable future funding to address that." AMO President Doug Reycraft met with Minister Broten last week to discuss Bill 43 implementation issues and other matters, including AMO's advocacy for Extended Producer Responsibility and AMO's proposal that the LCBO imple.ment a deposit return system. Please see the Ministry of the Environment announcement for further information on the funding and for other amendments to Bill 43 proposed by the Government. Action: AMO will review the proposed amendments in detail and will work with the Government of Ontario in an effort to ensure that Bill 43 implementation funding is provided in a way that meets the needs of Ontario's municipalities. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. 1-1 Association of Municipalities of Ontario ~td_ &l!Ie 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-98561 Fax: (416) 971..6191 E-mail: .amo@amo.on.ca Association of Municipalities of Ontario MEMBER COMMUNICATION ALERT NO: 06-048 To the attention of the Clerk and Council September 1, 2006 FOR MOR.E INFORMATION CONTACT: Brian Rosborough, Director of Policy (416)971-9856 ext 318 Clarification In the course of the debate over amendments to the Building Code Act, AMO commented on the position of the Professional Engineers of Ontario (PEO) in an "Alert" dated October 3, 2005. Some statements that were not fully accurate made their way into that discussion. In spite of our differences on the issue, we wish to reiterate the long-standing view of AMO that engineers hold an important place in the fabric of our society and that AMO holds Professional Engineers and the PEO in the highest regard. Any contrary impression that may have been left by the comments referred to was not.intended by AMO. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. 1-1 Association of Municipalities of Ontario Atde MEMBER COMMUNICA TI'ON ALERT NO: .06-050 ~trJ_ 393 University Ave, Suite 1701 Toronto, ON M5G 1E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario To the attention of the Clerk and Municipal Waste Managers or Recycling Coordinators FOR MORE INFORMATION CONTACT: Milena Avramovic, AMO Senior Policy Advisor (416) 971-9856 ext 342 September 11, 2006 Province Takes Action on AMO'sProposal on LCBODeposit Return Issue: The Premier announced on September 10, 2006, that consumers wHlbe able to return all LCBO containers (glass, plastic, tetra-packs and aluminum cans) to Brewers Retail for a deposit return starting in February 2007. Background: Earlier this year, AMO, in partnership with the Association of Municipal Recycling Coordinators (AMRC) developed a proposal to improve the efficiency of the Blue Box through deposit-return. In June 2006, the draft paper was circulated to Ontario municipalities, municipal waste managers and recycling co-ordinators, the Province and a number of other organizations seeking comments and municipal support. Based on overwhelming support fromAMO members, in August 2006, theAMOBoard approved the position paper, entitled Imorovina the Efficienc,! of the Blue Box Proaram. With yesterday's announcement by the Premier toproceed.with LCBO deposit-return,.the Government showed leadership and an important commitment to environmental stewardship. AMO issued a news release yesterday recognizing the importance of the Premier's announcement. AMO wishes to acknowledge the hard work and dedication of AMRC.members on our Waste Policy Task Force in the development of this paper, which has yielded this sought after result. AMO also wishes to thank member municipal governments for their support in this important matter. Action: The program is to roll out starting February 1, 2007. Between now and then, there are a number of issues to be considered and decided by the Provincial Government. AMO will work with the Ministry of the Environment to ensure that implementation planning reflects the interests of municipal governments in Ontario. This information is available in the Policy Issues section of the AMO web site at www..amo.on.C8. 1-1 Association of Municipalities of Ontario .Rde ~tTJ_ 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION FYI NO: 06-010 Association of Municipalities of Ontario To the attention of the Clerk and Council August 23, 2006 Climate Change and Public Health Symposium ISSUE: Health Canada and the Quebec National Institute for Public Health have partnered to present a two-day symposium in Montreal on October 23-24 to address how public sector professionals can and must adapt to climate change. Background: Public sector managers, specifically, those in municipal, environment, community and public health fields, who are directly involved with the population they serve, are often concerned with public health impacts of climate change. This symposium will provide an update on climate change impacts and enable participants to debate priorities for action. It will also address physical and mental health, vulnerable groups, emergency plans, infectious and vector-borne diseases, food insecurity, ultraviolet rays and air pollution. This symposium will be of particular interest to managers and professionals in the fields of public health and municipal affairs because it will look at how municipalities and public health units will need to adjust to these. issues and prioritize their efforts. Simultaneous translation will be avaHableandinternational delegates presenting and attending. Contacts: Those interested in more information are advised to consult the_Journees annuelles de sante publique (JASP) website and/or contact Marie-Josee Allie at (514) 864-1600 ext. 3300 This information is available in the Policy Issues section of the AMO website at www.amo.on.ca 1-1 Association of Municipalities of Ontario ~t:t_ Special Invitation for Municipal Planners, Policy-Makers and Elected Officials The theme of this year's OPHA annual conference is "Cooperation, Collaboration, Synergy: A Foundationfor Public Health". As public health practitioners, advocates and leaders, we recognize the essential contribution to public health of local municipalities and more specifically, planning and public policy departments and elected officials. Going back to the work of Jane Jacobs and others and to the more recent observations and experiences of our keynote speakers, we see increasing evidence of a link between the health and well being of residents of a community and the built environment. We therefore extend a special invitation to municipal planners and policy- makers and elected officials to attend the conference. Meet the people who, along with others, preserve and enhance the quality of life in your municipality. Keynote speakers include: Lawrence Frank, Ph.D., Bombardier Chairholder in Sustainable Transportation at the University of British Columbia. Dr. Frank will be speaking about the built environment as an enabler or disabler of health promotion and of environmentally sustainable behaviour on October 26 from 8:45 to 9:45 a.m. David Swann, M.D., FRCS(C), Member of the Legislative Assembly of Alberta for the constituency of Calgcuy Mountain-View. Dr. Swann will be speaking on finding the balance between public health and politics on October 26 from 1: 15 to 2: 15 p.m. Andrew Pipe, M.D., Medical Director of the University of Ottawa Heart Institute Prevention and Rehabilitation Centre, and an Associate Professor at the University of Ottawa, with appointments in the Department of Family Medicine and the Division of Cardiac Surgery. Dr. Pipe will be speaking about the Champlain Project, a regional approach to cardiovascular disease prevention, on October 27 from 8:30 to 9:30 a.m. To register for the conference, and for more information, phone 416-367-3313 ext 230, visit www.ophaconference.ca or email info@ophaconference.ca.. 500 Consumers Road North York, Ontario M2J IPS PO Box 650 Scarborough ON MIK 5E3 Lorraine Chiasson Regulatory Coordinator Regulatory Affairs phone: (416) 495-5962 fax: (416) 495-6072 Email: lorraine.chiasson@enbridge.com ~NBRIDGE September 7, 2006 VIA COURIER To: The Clerks of the Municipalities in which Enbridge Gas Distribution Inc. Supplies Natural Gas Re: EB-2006-0034 - Enbridge Gas Distribution 2007 Test Year Rate Case Notice of Application ("Notice") dated September 7, 2006 As directed by the Ontario Energy Board ("Board") in its Letter of Direction to Enbridge Gas Distribution, attached hereto is a copy of the Notice i.n both the English and French versions, together with a copy of the Application filed by Enbridge Gas Distribution Inc. on August 18, 2006. ) Yours truly, .. Lorraine Chiasson Regulatory Coordinator cc: Mr. F. Cass, Aird & Berlis (via facsimile - wlo attach.) Ms. T. Persad, Enbridge Gas Distribution (w/o attach.) Attach. Filed: 200a-08-15 EB-200a-0034 Exhibit A 1 Tab 2 Schedule 1 Page 1 of 3 EB-2006-G034 ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act. 1998. S.O. 1998. c. 15. Sched. 8. as amended; AND IN THE MATTER OF an Application by Enbridge Gas Distribution Inc. for an Order or Orders approving or fixing rates for the sale. distribution. transmission, and storage of gas. APPLICATION 1. The Applicant, Enbridge Gas Distribution Inc. ("En bridge Gas Distribution" or the "Company"), is an Ontario corporation with its head office in the City of Toronto. It carries on the business of selling, distributing, transmitting and storing natural gas within Ontario. ) 2. Enbridge Gas Distribution hereby applies to the Ontario Energy Board (the "Board"), pursuant to section 36 of the Ontario Energy Board Act, 1998 as amended (the "Act"), for an Order or Orders approving or fixing just and reasonable rates for the sale, distribution, transmission, and storage of gas commencing January 1, 2007. For the purposes of subsection 36(3) of the Act, Enbridge Gas Distribution requests that the Board use the cost of service (or revenue requirement) method to approve or fix just and reasonable rates. 3. If its currently effective rates remain in effect, Enbridge Gas Distribution forecasts at this time that it will realize a distribution revenue deficiency of approximately $167.8 million during the period between January 1, 2007 and December 31, 2007 (the "Test Year") and in each fiscal year thereafter. In the event that the Company's rates are adjusted by the Board effective January 1, 2007 to permit the elimination of this distribution revenue deficiency, the Company estimates that the amount charged to a typical residential sales customer will increase by approximately $85 annually. This would result in an approximate 14 percent increase in the delivery portion of the annual bill or approximately 5 percent in the total annual bill (includes commodity). Filed: 2006-08-15 EB-2006-0034 Exhibit A 1 Tab 2 Schedule 1 Page 2 of3 4. In the event that a final rate Order in this proceeding will not be in place on January 1, 2007, the Company requests that interim rates be set and implemented as of January 1, 2007. 5. Enbridge Gas Distribution therefore applies to the Board for such final and interim Orders, accounting orders and deferral and variance accounts as may be necessary in relation to the approving or fixing of just and reasonable rates for the sale. distribution, transmission, and storage of gas in the Test Year. The Company further applies to the Board pursuant to the provisions of the Act and the Board's Rules of Practice and Procedure for such final and interim Orders and directions as may be necessary in relation to the Application and the proper conduct of this proceeding. ') 6. The persons affected by this Application are the customers of Enbridge Gas Distribution. It is impractical to set out the names a'nd addresses of the customers because they are too numerous. 7. Enbridge Gas Distribution requests that a copy of all documents filed with the Board by each party to this proceeding be served on the Applicant and the Applicant's counsel as follows: Mr. Patrick Hoey Director. Regulatory Affairs Enbridge Gas Distribution Inc. Address for personal service: 500 Consumers Road Willowdale, Ontario M2J 1 P8 Mailing address: P.O. Box 650 Scarborough, Ontario M1 K 5E3 Telephone: Fax: E-mail: 416-495-5555 416-495-6072 patrick.hoey@enbridge.com Filed: 2006-08-15 EB-2006-0034 Exhibit A 1 Tab 2 Schedule 1 Page 3 of3 The Applicant's counsel: Mr. Fred D. Cass Aird & Berlis Address for personal service and mailing address: BCE Place, PO Box 754 Suite 1800, 181 Bay Street Toronto, Ontario M5J 2T9 416-865-7742 416-863-1515 fcass@airdberlis.com Telephone: Fax: E-mail: Ms. Tania Persad Enbridge Gas Distribution Inc. Address for personal service: 500 Consumers Road Willowdale, Ontario M2J 1 P8 P.O. Box 650 Scarborough, Ontario M1 K 5E3 ) - .-/ Mailing address: Telephone: Fax: E-mail: 416-495-5891 416-495-5994 tania. persad@enbridge.com DATED August 18th, 2006 at Toronto, Ontario. Ontario Energy Board Commission de l'Energie de l'Ontario ES-2006-0034 NOTICE OF APPLICATION EN BRIDGE GAS DISTRIBUTION INC. RATES FOR 2007 Enbridge Gas Distribution Inc. (the "applicant", "Enbridge") filed an Application on August 25, 2006 (the "Application") with the Ontario Energy Board (the "Board") under section 36 of the Ontario Energy Board Act,-1998, S.O. c.15, Sched. B, as amended, for an order of the Board approving or fixing rates for the sale, distribution, transmission and storage of natural gas, effective January 1, 2007. The Board's decision on this Application may have an affect on all of Enbridge's customers. ) Enbridge has proposed a change to its delivery rates which, if approved by the Board, would result in an increase of about $85.00 (or 5%) on a typical residential customer's annual bill. The rate change would take effect on January '1, 2007. The Board will deal with any changes to the commodity cost of natural gas for customers that purchase gas directly from Enbridge through the Quarterly Rate Adjustment Mechanism. Copies of the Application and the supporting written evidence are available for inspection at the Board's office and Enbridge's office at the addresses indicated below. Participation You may partiCipate in this proceeding in one of three ways: 1. You may send the Board a letter of comment. Your letter should include any request to make an oral presentation to the Board, and must be received by the Board no later than 30 days from the publication date of this notice. -2- Ontario Energy Board 2. You may request observer status in order to receive documents issued by the Board in the proceeding. Your request must be made by letter received by the Board no later than 10 days from the publication date of this notice. 3. You may request intervenor status if you wish to actively participate in the proceeding. Your request must be .made by letter of intervention received no later than 10 days from the publication date of this notice. Your letter of intervention must include a description of how you are, or may be, affected by the proceeding; and if you represent a group, a description of the group and its membership. The Board may choose to hold a written or an oral hearing. The Board will not hold a written hearing if a party satisfies the Board that there is good reason for holding an oral hearing. Your letter of intervention should indicate your preference for a written or oral hearing, and the reasons for that preference. The Board may order costs in this proceeding. You must indicate in your letter of intervention whether you expect to seek costs from the applicant and the grounds for your eligibility for costs. You must provide a copy of your letter of intervention to the applicant. Need more information? Further information on how to participate may be obtained by visiting the Board's Web site at www.oeb.aov.on.ca or by calling our Consumer Relations Centre at 1-877-632- 2727. How to contact us In responding to this notice please reference Board file number EB-2006-0034. It is also important that you provide your name and postal address and, if available, an e- mail address. All communications should be directed to the attention of the Board Secretary at the address below, and be received no later than 4:45 p.m. on the required date. -3- Ontario Energy Board . . For your convenience, the Board accepts letters of comment by either post or e-mail. Our e-mail address is Boardsec@oeb.aov.on.ca Please include the application file reference number in the subject line of your e-mail. Letters of intervention must be sent by regular mail to the address below. Please remember that you must send a copy of your request for intervention to the applicant at the address listed below. Ontario Energy Board P.O. Box 2319 2300 Y onge Street. 27th Floor Toronto, ON M4P 1E4 Enbridge Gas Distribution Inc. P.O. Box 650 Scarborough, ON M1K 5E3 Attn: Kirsten Walli Board Secretary Attn: Patrick. Hoey Director, Regulatory Affairs ") Tel: 1-888-632-6273 (Toll free) Fax: 416-440-7656 Email: Boardsec@oeb.gov.on.ca Tel: 416-495-5555 Fax: 416-495-6072 Email: patrick.hoey@enbridge.com IF YOU DO NOT FILE A LETTER STATING YOUR WISH TO PARTICIPATE IN THIS PROCEEDING, THE BOARD MAY PROCEED WITHOUT YOUR PARTICIPATION AND YOU WILL NOT BE ENTITLED TO FURTHER NOTICE OF THE PROCEEDING. Ce document est disponible en fran~ais. DATED at Toronto, September 7,2006. ONTARIO ENERGY BOARD Original signed by Kirsten Walli Board Secretary ~ ) Ontario Energy Board Commission de 1'6nergie de .'Ontario ~--- Ontario EB-2006-G034 AVIS DE REQUETE T ARIFS DE 2007 D'ENBRIDGE GAS DISTRIBUTION INC. ) Enbridge Gas Distribution Inc. (<< Enbridge >> ou Ie << Requerant >>) a presente une requete (Ia << Requete >>) datee du 25 aoOt 2006 aupres de la Commission de I'energie de l'Ontario (Ia (( Commission >>), aux termes de I'article 36 de la Lai de 1998 sur la Commission de I'lmergie de I'Ontario, L.O., c.15 (Annexe B), telle que mOdifiee, en vue d'obtenir une ordonnance de la Commission approuvant ou etablissant les tarifs pour la vente, la distribution, Ie transport au Ie stockage du gaz naturel, lesquels entreraient en vigueur Ie 1erjanvier 2007. La decision de la Commission concernant cette requete peut avoir une incidence sur taus les clients d'Enbridge. Enbridge a propose de modifier ses tarifs de Iivraison, lesquels, s'ils sont approuves par la Commission, entrafneraient pour I'abonne residentiel moyen une hausse annuelle d'environ 85 $ ou environ 5 %. La modification tarifaire prendra effet Ie 1er janvier 2007. La Commission prendra des mesures a I'egard de tout changement du coat du gaz naturel pour les consommateurs qui achetent leur gaz directement aupres d'Enbridge par I'entremise du mecanisme de rajustement trimestriel des tarifs. Des copies de la Requete et des elements de preuve ecrits sont disponibles pour consultation aux bureaux de la Commission et d'Enbridge situes aux adresses indiquees ci-dessous. Canada ~ Ontario FOR IMMEDIATE RELEASE August 25, 2006 ONTARIO COMMUNITIES GET $90 MilliON BOOST FOR AFFORDABLE HOUSING TORONTO - The Government of Canada and the Government of Ontario today allocated almost $90 million to create approximately 1 ,900 new affordable housing units in 21 towns and cities across Ontario under the Canada-Ontario Affordable Housing Program. The announcement was made by the Honourable Diane Finley, Minister of Human Resources and Social Development Canada, and John Gerretsen, Ontario's Minister of Municipal Affairs and Housing. "Canada's new Government is very proud to be part of the largest announcement of affordable housing projects in Ontario in many years. This strong commitment will provide thousands of seniors, low income singles and families, and people with disabilities or special needs with high qualitY1 low cost homes1" said Minister Finley. "The McGuinty government has put Ontario back into the affordable housing business in a meaningful and significant way,11 said Minister Gerretsen. "The development of these projects is a major step forward in helping to ensure that the most vulnerable members of our society can live vvith the dignity and respect they deserve." The new Canada-Ontario Affordable Housing agreement includes a commitment of $301 million from each of the two levels of government. The agreement brings the total amount invested in affordable housing in Ontario by federal, provincial and municipal governments to at least $734 million over the life of the program. This will mean assistance to some 20,000 households in total under the Affordable Housing Agreement. The attached backgrounder provides details of all the projects funded under this announcement. -30- Media Inquiries: Nancy MacMillan Senior Communications Consultant Canada Mortgage and Housing Corporation 416-218-3336 Patti Munce Minister Gerretsen's Office 416 585-6333 Disponible en franfais For more information visit http://www.clllhc.ca htto:/lwwwa m ah a (2 OVa on. ca Backgrounder Canada-Ontario Affordable Housing Program Projects . $700,000 for a 10 unit project at 56 Kinton Avenue in Huntsville. The Chrysalis Shelter and Supportive Housing of Muskoka is sponsored by the Muskoka Women's Advocacy Group, and the units will be occupied by women who are victims of domestic violence~ low-income families and single persons. . $70~OOO for a detached, wheelchair-accessible home on Arthur Drive in Chatham. The project is sponsored by Chatham Hope Non-Profit Housing Inc. . $1.09 million for a 28-unit project at 239 Franklin Street in Kitchener. The project~ Sunnyside~ is sponsored by the Region of Waterloo, and will be occupied by seniors. . $3.4 million for a 49-unit project at 125 Van Order Drive in Kingston. The project is sponsored by the Kingston and Frontenac Housing Corporation. The units will be occupied by seniors~ women who are victims of domestic violence, persons with mental illness, and persons with disabilities. . $106,453 for a 6-unit project at 1085 Montreal Street (198 Adelaide St. 19 McCauley St.) in Kingston. The project is sponsored by Phoenix Homes Kingston, and will be occupied by low-income families and women who are victims of domestic violence. .. $140,000 for a 2-unit project at 1061 Johnston Street in Kingston. The project is sponsored by Tipi Moza, and will be occupied by low-income aboriginal families. . $21 million for a 300-unit project at 110 Edward Street in Toronto. The Rotary Loughlen Centre is sponsored by the City of Toronto, and the units will be occupied by low-income families and people with mental illness. . $1.8 million for a 26-unit project at 76 Wychwood Avenue in Toronto. The project is sponsored by Artscape Non-Profit Homes Inc., and the artist live/work units will be occupied by families and single people. . $8.6 million for a 123-unit project at 260 - 280 King Street in Hamilton. The project is sponsored by Spallacci Contracting Ltd., and the units will be occupied by low-income families~ seniors and people with disabilities. . $2.5 million for a 39-unit project at 37 Strathcona Avenue in Hamilton. The project is sponsored by the Hellenic Community of Hamilton and District, and the units will be occupied by seniors and people with disabilities. . $3.3 million for a 48-unit project at 4 Bridgewater Court in Stoney Creek. The project is sponsored by CityHousing Hamilton. The units will be occupied by low-income families~ people with disabilities, and women who are victims of domestic violence. . $840,000 for a 12-unit project at 167 Centre street in Shelburne. The Mel Lloyd Centre is sponsored by the Corporation of the County of Dufferin, and the units will be occupied by low-income seniors and persons with disabilities. . $3.5 million for 50-unit project at 615 Fernbank Road in Newmarket. Sponsored by Housing York Inc., the units will be occupied by seniors~ low-income families, single people, and people with disabilities. . $1.8 million for a 30-unit project at 345 Clarence Street in Ottawa. Sponsored by the Quex Property Corporation, the units will be occupied by families, single people and people with d isa bilities. . $2.2 million for a 36-unit project at 1067 - 1071 Cummings Avenue in Ottawa. The project is sponsored by the Gloucester Non-Profit Housing Corporation, and the units will be occupied by families, single people and people with disabilities. . $3.8 million for a 53-unit project at 155 - 343 Parkin Circle in Ottawa. Sponsored by McLean Cooperative Hames, the units will be occupied by low-income families and people with physical disabilities. . $210,000 for a 3-unit project at 15 Edward Street in Cornwall. The project is sponsored by the Cornwall and Area Housing Corporation, and the units will be occupied by people with physical disabilities. . $154,000 for a 7-unit project at 1215 Queensbush Road in Wellesley. Sponsored by Hunke Homes Ltd., the units will be occupied by low-income families and women who are victims of domestic violence. . $2.1 million for a 50-unit project at 1420 King Street East in Kitchener. The Rockaway Gardens Village is sponsored by Menno Homes Inc., and the units will be occupied by low- income families and single persons. . $150,000 for a 5-unit project at 66 Queen Street in Kitchener. The project is sponsored by the Kitchener/Waterloo Working Centre for the Unemployed, and the units will be occupied by people with mental illness and women who are victims of domestic violence. . $420,000 for a 6-unit project at 84 Frederick Street in Kitchener. The project is sponsored by the YWCA of Kitchener, and the units will be occupied by women who are victims of domestic violence. . $75,000 for a 3-unit project at 31 Avon Road in Kitchener. The project is sponsored by L.M. Kovacevic Inc.~ and the units will be occupied by low-income families. . $75~OOO for a 3-unit project at 35 Avon Road in Kitchener. The project is sponsored by M.D. Kovacevic Inc.~ and the units will be occupied by low-income families. . $2.1 million for a 54-unit project at 35 Water Street in Cambridge. The Tiger Lofts is sponsored by the Lancer Wellington Corporation/Urban Non-Profit Homes, and the units will be occupied by low-income families, single people and seniors. . $2.6 million for a 70-unit project at 274 Erb Street in Waterloo. The project is sponsored by Maple Hill Creek Apartments Inc.lBloomingdale Seniors Corporation. The units will be occupied by seniors and families. · $700,000 for a 1 O-unit project on Church Street in Echo Bay. The project is sponsored by the Algoma District Services Administration Board~ and the units will be occupied by seniors. · $700,000 for a 1 O-unit project on Rue St. Cecile in Dubreuilville. The project is sponsored by the Algoma District Services Administration Board~ and the units will be occupied by seniors. · $2.45 million for a 35-unit project at 280 Oakwood Avenue in North Bay. The project is sponsored by the Physically Handicapped Adults' Rehabilitation Association - Westwinds Heights, and the units will be occupied by families and single people with disabilities. · $1.05 million for a 20-unit project at 10 James Street in Parry Sound. The project is sponsored by Northern Gate Investments Inc. The units will be occupied by families and single people. Two of the units will be accessible to people with physical disabilities. · $240,000 for an eight-unit project at 99 Stanley Street in Ayr. The Queen's Apartments is sponsored by Lena Melnychuck, and the units will be occupied by seniors. Two of the units will be accessible to people with physical disabilities. · $174~000 for a 6-unit project at 220 Edinburgh Street in Peterborough. The project is sponsored by the Peterborough Community Housing Development Corporation. The units will be occupied by low-income families and single persons. · $1 ,740~OOO for a SO-unit project at 200 St. Luke's Road in Peterborough. The project is sponsored by Amadeo Developments Ltd. The units will be occupied by low-income seniors. · $2,025,000 for a 75-unit project at 450 Cumberland Avenue in Hamilton. The project is sponsored by T. Valeri Construction, and the units will be occupied by low-income families. · $1 ,305,000 for a 45-unit project at 95 Barrie Road in Orillia. The project is sponsored by Skylite Residential Inc. The units will be occupied by low-income seniors. · $614,545 for a 52-unit project at 70 Lena Crescent in Cambridge. The project is sponsored by Lena Apartments Inc., and the units will be occupied by low-income families and singles. · $6.38 million for a 220-unit project on Dundas Street at Sackville Street in Toronto~ as part of the Regent Park redevelopment. The project is sponsored by Toronto Community Housing Corporation, and the units will be occupied by low-income families and seniors. · $2.61 million for a 90-unit project on Dundas Street at Parliament Street in Toronto, as part of the Regent Park redevelopment. The project is sponsored by Toronto Community Housing Corporation, and the units will be occupied by low-income families. · $1.57 million for a 54-unit project at 30 Regent Street in Toronto. The project is sponsored by Toronto Community Housing Corporation~ and the units will be occupied by low-income families. · $1.71 million for a 59-unit project at 60 Richmond Street in Toronto. The project is sponsored by Toronto Community Housing Corporation, and the units will be occupied by low-income families. · $1.39 million for a 48-unit project at 418 Dawes Road in Toronto. The project is sponsored by Fred Victor Community Homes, and the units will be occupied by low-income families and single persons. · $116~OOO for a four-unit project at 108 Lakeshore Avenue in Toronto. The project is sponsored by the Shaw House Corporation, and the units will be occupied by seniors. · $1.39 million for a 48-unit project at 2350 Finch Avenue in Toronto. The project is sponsored by Ghana Amansie Canadian Non-Profit Homes, and the units will be occupied by low-income families and single persons. · $232~OOO for an 8-unit project at 30 Darrell Avenue in Toronto. The project is sponsored by Homes Opening today Toronto Inc.~ and the units will be occupied by low-income families and single persons. -30- Carolinian Canada Coalition ~\\ ~', ~~~,. Protecting The UniQUe Nature of Southwestern Ontario [' -/)1- ~q~ Grosvenor Lodge, by appointment, 10 17 Western Road, London, ON, N6G I G5 ~0"~": '~". (519) 433-7077 fax: (S 19) 229-8091 conference@Glrolinian.orgWWV\l.Glrolinian'b '~~".-~' \' \~ ~--. -L,. l~,.. . "..' . <./'\\ ~r .4 '\:;)~, ~ RE" eEl' .,,~~,.~ .\.....~..... \ . . '. t/. t 3 \_8 ml' SEP ~ 1, lDoi~, ~J.1~~.t'nn' t: n r: ".. -'. . 'd:11vn U Vi riCE cee connects groups & people lor eHectire nature conservation action & bealthy, landscapes in the Carolinian Lite Zone. ~" P =r -:~ D. i ~ - 17 ~~~ GeC Board Dr. Gordon Nelson, University 01 ~terloo Cbair James Duncan. Nature Conservancy 01 Canada Peter Ban1:s, Lamhton Wildlife Inc. Jim Oliver Bruce Duncan Conservation Ontario Alice Casselman Association lor Canadian Education Resources Ron Wll'Winter Ontario Forestry Association Tara T cbir Upper Th.ames River Conservation Authority Scott Peck Ontario Professional Pla.nners Institute Peter Carson Ontario Nature September 4, 2006 Mayor Ted Salci 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Ted Salci and Councilors, Re: GROWING SUSTAINABLE CONNECTIONS Carolinian Canada Forum, Friday, October 20, 2006 On behalf of the Carolinian Canada Coalition Board of Directors, I extend an invitation to you and your council members to attend our "Growing Sustainable Connections'~ Forum on Friday, October 20, 2006, at the Elm Hurst Inn Ingersoll, Ontario. The draft agenda and registration form are attached. The Carolinian Canada Coalition connects a wide range of stakeholders who work together for the conservation of the southwestern Ontario landscape. The Carolinian Life Zone, popularly known as Carolinian Canada, is one of the richest agricultural and most highly populated areas of the country stretching from Toronto to Windsor. It is also one of North America's most vibrant natural regions with more wild and rare species than any other part of Canada. The 2006 Coalition "Growing Sustainable Connections" Forum offers an opportunity for leaders of our counties and municipalities to network with conservationists, planners, politicians, researchers, educators and citizens to gain insight into the impact of nature on our economy, health, landscapes and way of life. Presentations by panel speakers will highlight new programs and innovative conservation tools available to manage the unique green infrastructure in your community. Sessions will provide decision-makers with solid information that can be incorporated into local strategies, links to a coordinated conservation strategy and opportunities to bring your issues directly to environmental policy-makers. This forum is an ideal way to build capacity and enhance understanding for good land use decisions and nurture sustainable connections to help your community achieve your conservation goals. With a quarter of Canada's population living within this Life Zone, it is critical that we work together to prevent landscape degradation. Working together we can make great strides. We look forward to your participation on Friday, October 20, 2006. If I can be of further assistance please call, email or visit our website noted above. Sincerely, Michelle Kanter ~ ~ Executive Director GROWING SUSTAINABLE CONNECTIONS' Working Together To Protect Our Unique Nature in Southwestern Ontario Major shifts are taking place in conservation programs across Carolinian Canada. Join the Carolinian Canada Coalition on October 20, 2006 to explore how these changes will affect our communities. Find out about what's happening in your area: ~ The Coalition's new strategic plan ~ New National and Provincial approaches ~ Rural & Urban natural heritage advances ~ Creative tools for municipalities ~ Innovative community landscape initiatives ~ Leading First Nations projects ~ Agriculture contributions to sustainable landscapes ~ Landowner programs and source water protection ~ The value of nature in society & sustainable communities Meet community leaders, policy-makers, conservationists, planners, managers, politicians, educators, researchers & active citizens ~ Examine new opportunities ~Identify challenges ~Highlight innovative actions ~Grow sustainable connections Carolinian Canada Coalition Forum 2006 Friday, Oct 20 Elm Hurst Inn, Ingersoll, Ontario GROWING SUSTAINABLE CONNECTIONS Working Together To Protect Our Unique Nature in Southwestern Ontario DRAFT AGENDA - Please ~isit <?ur website fC!r mC!re info.~mati~n www.carolinian..or or call (519) 433-7077 '::.j~.iI.::'.':::'. ...:'. Ecological Integrity on Land and Water: The federal role in Carolinian Canada Chip Bird, Southwestern Ontario Superintendent, Parks Canada Sustainable landscapes: The Provincial role in Carolinian Canada Ray Bonenberg, Southern Region Director, Ministry of Natural Resources Green Communities: The First Nations role in Carolinian Canada Rural - Urban Common Ground: The County role in Carolinian Canada Michael Harding, Oxford County Councillor, City of Woodstock Mayor Panel Q & A: Your opportunity to discuss new programs directly with panel members, identify challenges and make links between major conservation initiatives. Strategic conservation: The role of conservation groups in Carolinian Canada James Duncan, Southwest Ontario Program Manager, Nature Conservancy of Canada Agriculture Allies: The role of agriculture policy and farm stewardship in Carolinian Canada Paul Smith, Policy Analyst, Environmental Management, Ministry of Agriculture, Food & Rural Affairs Planning for the future: The role of urban areas in Carolinian Canada Brian McHattie, Councillor, City of Hamilton Landowner Links in Land and Water: The Conservation Authority role in Carolinian Canada Don Pearson, General Manager, Conservation Ontario Panel Q & A: The forum will aim to build an understanding of current shifts in conservation and the things that have to be done to address the challenges effectively, efficiently and equitably. How can we work together? Highlights of the Day Dr. Gordon Nelson, Chair, Carolinian Canada Coalition CAROLINIAN CANADA CONSERVATION AWARDS Reception & Ceremony Reco nizin some of the conservation leaders of our time. .:...:::-:....;.: ::: .:..:.:....... .:........::<:<..:.:..:...::-::....:..::-:.:...:<:.:..:..::...:::.:';:'::::.:..::.,:.; .:t.:?::.:.:::..:':':.:::':,:..:.;.;: Name (s) Group o Include Group name in mailing address Mailing Address With Postal Code Phone E-mail Carolinian Canada Coalition 2006-7 Membership 0$10 Student 0 $20 Individual/Family 0 $50 Organization $ Double your Membership & show that Conservation Matters to You! Make a Charitable Donation to match your membership fee, strengthen the voice of conservation and help nurture sustainable programs in Carolinian Canada. CCC Forum 2006 & AGM 9 am - 4 pm Includes lunch # x o $50 Carolinian Canada Coalition Member 0 $60 Non-member 0$40 Non-profit Volunteer or Student 0 Invited Speaker o $70 After October 5 $ $ Conservation Awards Reception & Ceremony 4 - 5:30 pm # o Awards Speaker 0 Award Nominee No fee Displays & Posters 9 am - 5:30 pm o Poster 0 Table display 0 Floor display Included in forum fee Topic: Please Indicate 0 Vegetarian 0 Special dietary requirements: o Check if you agree to include your name in the participants list Make Cheques payable to Carolinian Canada Coalition Sorry, Credit Cards not accepted at this time TOTAL $ N6G 1 G5 Tel: 519-433-7077 · N<iagara 911 Region The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca PLANNING AND DEVELOPMENT September 6, 2006 Files: 0.07.L.2.12 E.01.EN.as Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: RE: The Conservation and Reuse of Excavated Queenston Shale from the Niagara Tunnel Project: Niagara River Hydro Electric Development City of Niagara Falls At its meeting on August 17,2006, Regional Council approved the attached report, DPD 81-2006, which provides the highlights of a successful initiative to facilitate the conservation and reuse of excavated shale material from the Niagara Tunnel project. DPD 81-2006 begins by providing information on the status of the Niagara Tunnel Project, a major component of the Provincially approved Niagara River Hydro Electric Development. The report then summarizes the work of a multi-stakeholder Committee, chaired by Regional Planning staff, charged with examining the potential reuse of excavated Queenston Shale material. It then provides highlights of a report just submitted to the Ministry of the Environment which examines the feasibility of using the excavated material, assesses the private and public costs and benefits of reuse and, finally, outlines a management plan for the disposallstorage and reuse of Queenston Shale by the brick industry. The initiative ensures that an estimated 3.5 million tonnes of Queenston Shale material mined during the construction a $625 million water diversion tunnel more than 10 kilometres in length, will be provided free of charge to Ontario brick manufacturers as raw material for their product rather than be stored indefinitely or shipped to landfill. The Niagara Region is proud to have played a leadership role in helping to broker the agreement that assists the brick industry but also provides significant economic, social and environmental benefits to OPG, its Design-Build contractor, the Province and the people of Ontario. Building Community. Building Lives. ~ 2 If you have any questions or comments, please contact Ken Forgeron, Senior Planner, or me. Yours truly, Attachment c: Pam Gilroy, Regional Clerk Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development, City of Niagara Falls MSWORD/KJF/HYDRO/COUNCILA CTIONDPD81-2006. DOC . . . DPD 81-2006 August 9, 2006 Files: 0.07.L.2.12 (EA-1) E.01.EN.as Niagara4rlIJRegion REPORT TO: Chair and Members of the Planning and Public Works Committee SUBJECT: The Conservation and Reuse of Excavated Queenston Shale from the Niagara Tunnel Project: Niagara River Hydro Electric Development City of Niagara Falls RECOMMENDATIONS That this Committee recommend to Regional Council: 1. That Regional Council reaffirm its support for the conservation and reuse of Queenston Shale material to be excavated from the Niagara Tunnel project for use by the brick industry in Ontario. 2. That this report be circulated for information purposes to the local municipalities, the Environmental Commissioner of Ontario, the Ministry of Natural Resources, the Niagara Escarpment Commission, Ontario Power Generation, interested clay brick industry representatives and the Niagara Economic Development Corporation. PURPOSE This report provides some highlights on a successful public-private stakeholder initiative facilitated with Regional assistance to conserve and make available to the brick industry in Ontario valuable shale material which will be excavated from the Niagara Tunnel project set to begin later this summer. EXECUTIVE SUMMARY With Provincial approvals now in place, the long awaited Ontario Power Generation Niagara Tunnel project is underway. A state of the art Tunnel Boring Machine (TBM) will be used to create a new water diversion tunnel under the City of Niagara Falls extending from Chippawa in the south to the Hydro Reservoir at the northern limits of the City. With nearly 5 million tonnes of rock to be excavated from the tunnel, several important business and conservation opportunities present themselves. The most significant one involves the taking of about 3.5 million tonnes of Provincially Significant Queenston Shale material. This is the sole raw material for the brick and tile industry in Ontario. Its conservation and reuse has been supported by the Niagara Escarpment Commission, the Ministry of Natural Resources and the Region. DPD 81-2006 August 9, 2006 Page 2 . This report begins by providing information on the status of the Niagara Tunnel Project, a major component of the Provincially approved Niagara River Hydro Electric Development. The report then summarizes the work of a multi-stakeholder Committee charged with examining the potential reuse of excavated Queenston Shale material. It then provides highlights of a report just submitted to the Ministry of the Environment which examines the feasibility of using the excavated material, assesses the private and public costs and benefits of reuse and, finally, outlines a management plan for the disposallstorage and reuse of Quenston Shale by the brick industry. Regional Planning staff has been pleased to chair and facilitate a process that has led to an agreement that would make all of the excavated shale available to the Ontario brick industry while at the same time providing significant economic, social and environmental benefits to OPG, its Design-Build contractor, the Province and the people of Ontario. It is recommended that Regional Council reaffirm its support for this worthwhile initiative. FINANCIAL IMPLICATIONS No negative financial implications to the Region are anticipated. Cleaning and maintenance costs, if any, may need to be discussed with the brick industry regarding truck haulage along Stanley Avenue North (Regional Road 102). OPG has already financed the upgrading of Stanley Avenue, through the Community Impact Agreement, to . meet the service level of a truck route. REPORT Backaround At a special ceremony held on September 14, 2005, the Premier of Ontario, Dalton McGuinty announced the start of a major new hydroelectric development in Niagara. Photo taken September 14, 2005, at the ground breaking ceremony for the new tunnel project. From left to right are Dwight Duncan (Minister of Energy), Premier Dalton McGuinty, Kim Craitor (Niagara Falls MPP) and Jim Bradley ( Minister of Tourism). Since that time, Ontario Power Generation (OPG, formerly Ontario Hydro), its consultants and contractors have been working . expeditiously to design and construct a major new water diversion tunnel (the. Niagara Tunnel) from the Chippawa area above Niagara Falls, to the Sir Adam Beck (SAB) Hydro Electric Complex located near the boundary between Niagara-on-the-Lake and Niagara . . . DPD 81-2006 August 9, 2006 Page 3 Falls. The $620 million tunnel construction project is the first phase (ie. diversion component) of an undertaking approved by the Minister of the Environment in 1998 involving a third generation station (ie. underground power house), two water diversion tunnels and a major upgrading of the transmission system across the Niagara Peninsula (now underway). The tunnel will be one of Niagara's largest construction projects in recent times, expected to generate hundreds of jobs and will add 1.6 billion kilowatt hours more clean energy to Ontario's power grid, enough to meet the demands of a city twice the size of Niagara Falls. This represents a 140/0 increase in the average annual energy output from the Sir Adam Beck Complex. The proposed tunnel will be over 10 kilometres in length, about 12.7 metres in inside diameter and will extend more than 40 storeys (about 130 metres) below the City of Niagara Falls. The specially designed Tunnel Boring Machine (TBM) now being assembled by an Austrian contractor Strabag Inc., will be the largest hardrock boring machine in the world. "Big Becky", as it has been recently named, will be launched from the OPG property in the north (see photo: south of the water reservoir), Photo taken April 28, 2006, at the proposed tunnel outlet portal where UBig Becky", the new Tunnel Boring Machine, will begin its descent under the City of Niagara Falls. and will exit two years later in the Upper Niagara River within a cofferdam now under construction near the International Niagara Control Structure in Chippawa. It, will be launched at ceremony scheduled for August 8, 2006, at the tunnel outlet portal. More details on the project, including Regional Niagara's substantial involvement and support for the project dating back to 1989, is included in Planning report DPD 126-2006 attached as Appendix I. The report outlines some of the more recent issues affecting Regional Niagara and methods for addressing them, such as through a four party Community Impact Agreement which was recently revised. Regional Planning and Public Works staff participate on two OPG committees one of which is described in more detail later in this report. Finally, the project schedule is outlined in Appendix II. Committee to Examine the Reuse of Queenston Shale Initially OPG proposed that all of the excavated material from the proposed Niagara River Hydro Electric Development would be land filled in nearby Queenston Quarry located north of Highway 405. Almost 5 million tonnes of rock will be excavated from the current tunnel project alone. Moreover, in 1993 there seemed to be little interest by the brick industry in making use of the excavated shale material. DPD 81-2006 August 9, 2006 Page 4 . During the review of the Environmental Assessment, Regional Niagara along with the Niagara Escarpment Commission and the Ministry of Natural Resources strongly advocated for the conservation and reuse of the material to be excavated from the development. It was reasoned that reuse of Provincially significant Queenston Shale material, in particular, could reduce pressure, and save on costs to open up new clay shale quarries along the Niagara Escarpment when existing licenses run out. Also, it is widely recognized that mineral aggregate extraction can have significant environmental and social impacts on the communities that host such operations. To address the above issues, and in its approval of the Environmental Assessment, the Ministry of the Environment attached conditions for the management of excavated material requiring that: o A Reuse of Excavated Materials Committee be established comprised of government ministries, municipalities and agencies with an interest in the reuse of the material; o Prior to tunnel construction, a report be prepared and submitted to the Ministry on the costs and benefits of the reuse of the excavated materials; and o A plan to be filed with the Ministry for the management of excavated materials on lands owned by OPG. In the fall of 2004, Terms of Reference were developed and a committee was struck to . examine the feasibility of using the excavated material, to assess the private and public costs and benefits of reuse and, finally to develop a management plan for the disposal and reuse by the brick industry. Regional Planning staff has been pleased to facilitate and chair the Committee's work involving some two dozen stakeholders including OPG, its consultants and Design-Build contractor, the Niagara Escarpment Commission, the Ministry of Natural Resources, the Ministry of the Environment and several brick and tile making companies. In late July, a final report titled "Niagara Tunnel Project Reuse of Excavated Materials- EA Condition of Approval 2.2" was submitted to the Ministry of the Environment as required prior to tunnel construction. Report Hiahliahts · The new Provincial Policy Statement (2005) promotes the wise use and conservation of resources, including mineral resources. Furthermore, the Environmental Commissioner of Ontario has recommended an aggregate conservation strategy to increase the recovery and use of recycled resources as a way of reducing the need for additional extraction elsewhere, thus reducing harmful greenhouse gas emissions contributing the Province's goal of healthy communities. · The availability of Queenston Shale in Ontario has decreased with much of the . resource located below excessive overburden, within the Niagara Escarpment Plan Area, or been built over by urban development. Also, Aggregate Resource Inventory Reports published by the Province identify Queenston Shale as a Provincially significant resource for the manufacture of bricks and tiles. . . . DPD 81-2006 August 9, 2006 Page 5 · In Niagara there is only one licensed clay shale quarry left (Hanson Brick located at Queenston Road/Concession 5 Road in Niagara-on-the-Lake). No further licenses can be considered in the Provincial Greenbelt Plan area below the Escarpment. · Over 20% of the excavated material from the project can be used by the contractor for concrete aggregate and road base purposes. The majority (ie. 700k) of the material is comprised of Queenston Shale which is the sole raw material used for the production of clay bricks in Ontario. · The shale from this tunnel project (about 3.5 million tonnes) is quite significant from a Provincial perspective representing approximately 3 years of supply for the entire brick industry in Ontario. About Book of the entire Canadian production of clay brick comes from the south central area of the province. · Preliminary testing by the brick industry of a limited number of shale samples reveals that the Queenston Shale deposit is acceptable for brick making. However, it may be variable in physical and chemical composition with some properties that may limit the usefulness of the material as is for brick making. Thus, some brick makers may have to blend the material with other shale deposits in their licensed pits. This process is common for some companies. Future testing of stockpiled deposits is required to confirm its brick making potential. · OPG has agreed to provide excavated Queenston Shale material to the brick industry free of charqe, provided that neither OPG nor its contractor incur costs for the shale removal or management of the storage site. · Shale would need to be trucked from an interim storageldisposal site located near the tunnel outlet using a short stretch of recently reconstructed Stanley Avenue (Regional Road 102) and possibly Whirlpool Road, in order to access Highway 405 for delivery to existing brick facilities located in southern and central Ontario. · Early indications are that it may take about 10 years for the brick industry to use the entire amount of shale excavated from the tunnel. Thus, the impacts of trucking on the road system are expected to be minimal. However, some road cleaning may be needed, on occasion, if shale clings to the truck wheels. · Further discussions and agreement are required on the allocation of the shale resource amongst brick industry participants, final rehabilitation of the storageldisposal site and possible road maintenance requirements. Conclusion With construction set to begin of a major new water diversion tunnel to feed the Sir Adam Beck Hydro complex, an exciting conservation and business opportunity has been created DPD 81-2006 August 9, 2006 Page 6 . to assist multiple stakeholders. By making use of excavated material from the proposed tunnel multiple benefits are possible: ./ OPG will not have to dispose, store and manage a large amount of excavated material on its property over the longterm; ./ The Design-Build contractor has access to supplies of needed mineral aggregate for making concrete and for interior roadways; ./ The brick industry receives access to a substantial amount of Provincially significant clay shale resource free of charge; ./ Pressure is reduced to open up new licenses for clay shale quarries particularly along the Niagara Escarpment; and ./ The social and environmental costs of new extraction activities is reduced, including some reduction of harmful greenhouse gas emissions contributing to the Province's goal of healthy communities. Regional Planning staff is very pleased to have played a facilitating role in brokering an agreement that represents wise use and conservation of resources that otherwise would have become landfill. Submitted by: Approved by: . /_ ~orwin T. ambray, MCI , PP ~ Commissioner of Planni a d Development it! This ..report was prepared by Ken Forgeron, MCIP, RPP, Senior Planner and reviewed by Ala~mo, MCIP, RPP, Senior Policy Co-ordination Planner. . . APPENDICES Appendix I DPD 126-2006 "Background Information: Proposed Construction of Water Diversion Tunnel: Niagara River Hydroelectric Development: City of Niagara Falls Pages 7-13 Appendix II Project Schedule Page 14 . . . . DPD 81-2006 Appendix I August 9, 2006 Page 7 DPD 126 -2004 October 27, 2004 Files: 0.07.L.2.12 (EA-1) E.01.EN.as REPORT TO: Chair and Members of the Planning Services Committee SUBJECT: Background Information Proposed Construction of Water Diversion Tunnel Niagara River Hydro Electric Development City of Niagara Falls RECOMMENDA liON That this Committee recommend to Regional Council: That this report be received and circulated for information to the local municipalities, the Ministry of Natural Resources, the Niagara Escarpment Commission, the Niagara Peninsula Conservation Authority and Ontario Power Generation. PURPOSE This report provides general information on Ontario Power Generation's proposal to proceed with the construction of a new water diversion tunnel in the City of Niagara Falls. BACKGROUND Summary Ontario Power Generation (OPG) has announced that it is proceeding with the design and construction of a new water diversion tunnel that would bring water from the Chippawa area above the Falls to the Sir Adam Beck Complex in the north part of the City of Niagara Falls. This decision comes after years of major pre-planning, design, consultation and Environmental Assessment study that first began in the early 1980's. In 1998, the Minister of the Environment gave final approval to proceed with the proposed undertaking subject to conditions. In addition, a Community Impact Agreement was signed in 1993 to deal with impacts that could not be dealt with through conditions of EA approval. This report provides additional information on OPG's proposals to design and construct a 10 kilometre long, 12.5 metre diameter (approximate figures) tunnel using a state of the art Tunnel Boring Machine. The report also provides a brief summary of Regional Niagara's ongoing involvement with the project since 1989, some of the main issues to be dealt with by various Regional Departments over the coming months and, finally, next steps to be taken for the project to proceed on schedule. Proposal DPD 81-2006 Appendix I August 9, 2006 Page 8 DPD 126-2004 October 27, 2004 Page 2 . With the support of the Province, OPG has agreed to proceed with the final design and construction of one new water diversion tunnel from the Chippawa area above Niagara Falls, to the Sir Adam Beck (SAB) Hydro Complex located near the boundary between Niagara-on-the-Lake and Niagara Falls (see map on page 3). The current tunnel project will increase the amount of electricity generated at the SAB complex by about 150/0 (1.6 Terawatt Hours). This project is the first phase (i.e. generation component) of an undertaking approved by the Minister of the Environment in 1998 involving a third generating station (underground power house), two underground water diversion tunnels and upgrading of the transmission system across Niagara. On June 9, 2004, Planning Services Committee was informed of Hydro One's current program to improve and strengthen the hydro transmission system within an existing corridor running across Niagara from Thorold to the Brant County border near Caledonia (Report DPD 77-2004). The $600 million tunnel construction project is expected to last about four years with a nine to ten month lead in period. It will be a "design/build" project that likely will be awarded through a tendering process to a consortium of contractors who will carry out the construction works. The proposed tunnel will be over 10 kilometres in length and about 12.5 metres in diameter. It likely will have a pre-cast concrete liner rather than the previous proposal to pour concrete in place. Using a specially designed Tunnel Boring Machine (TBM), it would be one of the largest in the world (see prototype photo above). The TBM will be launched from OPG property in the north (Le. south of the Hydro Reservoir), and will exit one to two years later in the Upper Niagara River within a coffer dammed structure to be constructed at the International Niagara Control Structure. Sizeable Hydro construction works yards will be required both at the proposed intake area (Chippawa) and proposed outlet to the north (see photos on page 4). If everything proceeds on schedule tunnel construction would begin Spring/Summer/2006 and be completed by Fa1l/2009. There will be work required before the TBM arrives on site, including the excavation of the outlet portal. o NTARI0 POifiiER G:ENERATION Rock TBM . . . 1112 .ye Iii .. . "u..J CII"z', ....~ <<::). - .cc' ~.. ~ c . ~ o .. .,.... -+-?: Cd.. Q o ~ ~. Q' (J) .~ o ~ ~ DPD 81-2006 Appendix I August 9, 2006 Page 9 DPD 126-2004 October 27, 2004 Page 3 ell. " .,:1= ~jA i aiE. m'o,'. 00 At ~I ie. s'i o . DPD 81-2006 Appendix I August 9, 2006 Page 10 Inlet Area DPD 126-2004 October 27, 2004 Page 4 . PEOPLE MOVER PARKING LOT .......;'. ONTARIOPOiiiEiI G,ENERATI.ON . Outlet Area ;'::;;F~(~-":':;'_:(~?"::~:<~ ,:-.::.~::.; . " . . . DPD 81-2006 Appendix I August 9, 2006 Page 11 DPD 126-2004 October 27, 2004 Page 5 Regional Niagara's Involvement and Support for the Project Beginning in 1989, Regional Niagara has played a major role in the review, development and approval of a comprehensive Environmental Assessment (EA) by the former Ontario. Hydro (now Ontario Power Generation and Hydro One) to construct a major hydro electric facility and associated works on the Niagara River. Several years before this, Hydro carried out concept engineering, geological work, environmental and socio-economic studies all in preparation for draft EA submission. In principle, Regional Niagara has expressed strong support to the Province for approval of the EA on the basis of environmental sustainability, efficiency, unique designlconstruction methods proposed and positive economic benefits to the Niagara community. In addition, a range of major and minor issues needed to be addressed. Some of the major stages of past Regional involvement on the project over time have included: . Participation in initial workshops to identify and scope issues; . Two year involvement on a broadly based Community Liaison Committee to identify concerns, comment on alternative approaches and to review a host of background technical reports; . Formation of an internal Regional review team, including EEAC representatives, to comment on technical studies; . Preparation of seven major reports to Regional Council on the project, issues and recommendations for resolving them; . On-going discussions and negotiations with Hydro, local municipalities, Provincial ministries and brick industry representatives, all leading to significant positive project design changes and the development of comprehensive conditions of EA approval; and . Participation this past summer in the review of Hydro One's current initiative to upgrade the "transmission system" across Niagara (DPD 77-2004). Two of the more significant reports submitted to Regional Council on the "electricity generation" component were: . DPD 243-92/DEA-4288 (December 1, 1992) providing final comments and an extensive list of recommendations on the Government Review Document, including draft Terms and Conditions of Approval, for the Environmental Assessment Document. . DPD 154-93/DEA-447 (November23/24, 1993) providing comments on a negotiated Community Impact Agreement (CIA) involving Niagara Falls, Niagara-on-the-Lake, Regional Niagara and Hydro to compensate affected municipalities for a range of potentially adverse social, economic and environmental impacts associated with the construction and operation of a new hydro station and related works. The CIA dealt with impacts that could not be dealt with through Provincial Terms and Conditions of EA approval. This four party agreement was signed December 22, 1993. DPD 81-2006 Appendix I August 9, 2006 Page 12 DPD 126-2004 October 27, 2004 Page 6 " . On October 14, 1998, the Minister of the Environment gave his final approval to proceed with the proposed undertaking subject to Terms and Conditions. Issues Affecting Regional Niagara With OPG's decision to proceed with only part of the approved undertaking (Le. one diversion tunnel) the range of issues that will need to be addressed at this time appears to be somewhat reduced. On October 7, 2004, OPG hosted a multi-agency kick-off meeting on the Niagara tunnel project to provide an overview of the project, its timing, stakeholder involvement and, requirements and responsibilities set out under both the EA approval and CIA. It would appear from the information presented at the meeting that the Region can expect to be involved in this project in various capacities over the next four to five years. It was emphasized that all approvals/permits/conditions need to be addressed expeditiously in order to permit the awarding of the contract by the summer of 2005. The main issues to be dealt with by various Regional Departments over the coming months are listed below. Other issues may arise as the project proceeds leading to possible further Regional involvement. This work is expected to involve the CAO, Regional Solicitor, Public Works, Planning and Public Health/EMS. . ./ Renegotiation of Community Impact Agreement, ./ Transportation Impact Management Program, ./ Water and Sewage Treatment Requirements, ./ Disposal of Waste, ./ Impacts on Regional Facilities (Pumping Stations), ./ Groundwater Mapping and Monitoring, ./ Emergency Services, ./ Participation on Community Liaison Committee, ./ Reuse of Excavated Materials (Queenston Shale), and ./ Possible Planning Approvals (Tree Cutting By-law, License Site Plans). From a Regional Planning Department standpoint, it is expected that our more significant involvement will be in helping to co-ordinate upcoming discussions on the possible re-use of Queenston Shale which is the majority of material to be excavated during tunnel construction. This material is a Provincially significant aggregate resource that is used in brick making. The reuse of this waste material by the brick industry would help reduce pressure to open up new clay pits within the Niagara Escarpment Planning Area. Niagara has one licensed clay pit which is located in Niagara-on-the-Lake. Next Steps OPG have indicated that they would like to meet very soon with all affected stakeholders . to address various issues and responsibilities before contracts are awarded and construction begins. Regional staff will be meeting internally to discuss issues and possible actions. An important first step, however, will involve revisiting and renegotiating the four- ~ . . . DPD 81-2006 Appendix I August 9, 2006 Page 13 DPD 126-2004 October 27, 2004 Page 7 the four-party Community Impact Agreement and its various compensation components. Regional Council will need to sign off on a new agreement should one be necessary. Reports may be prepared by various Regional Departments over time to update Regional Council on the status of the project and progress being made to address Regional Niagara's various interests. CONCLUSION After a considerable period of time, OPG has decided to proceed with the construction of one water diversion tunnel from the Chippawa area to the SAB Complex. This project is one major component of an undertaking that was first approved by the Minister of the Environment in 1998. Regional Niagara has been very supportive of a major hydro electric development on the Niagara River for a variety of reasons listed in previous Regional reports. Before work can proceed in a substantive way, OPG must deal with a variety of permits, approvals and requirements, some of which relate to issues identified by Regional Council. Regional staff will be meeting with OPG, its agent and other stakeholders in the coming months to address outstanding issues and actions necessary to allow the project to proceed as quickly as possible. Suqmftted by: Approved by: ~~~~ Mike Trojan hief Administrative Officer Corwin T. Cambray, MCIP, RPP Commissioner of Planning a evelopment III This report was prepared by Ken Forgeron, MCIP, RPP, Senior Planner and reviewed by Alan Gummo, MCIP, RPP, Senior Policy Co-ordination Planner. ~ ~ DPD 81-2006 Appendix II , August 9, 2006 Page 14 ~ Project Schedu.le1 '". a' ..... .. Woo Ow .. .". .. . ': ......... '. '. .. ".. ...... '. .0:.. .. .... .. .. . .. . ..' . D Start date: Sept 1/05 o Blasting starts: Early Dee 05 o TBM on-site: July /06 o Tunnel Drive start: Sept 1/06 D Tunnel Drive finish: Jul 25/08 D Tunnel Lining start: Aug 7 /08 D Tunnel Lining finish: July 30/09 o Substantial Completion: Oct 9/09 o Comp'letion: Dee 8/09 ~ ~ For further information contact the Regional Clerk's office at (90S) 685-1571 or 1-800-263-7215 www.regional.niagara.on.ca From the September 7, 2006 Meeting of Regional Council Volume 14, Issue 12 AWARDS FOR EXCELLENCE Regional Council congratulated the following recipients of Excellence Awards: Cecil Cooke was presented with an Excellence Award for Customer Service through his dedication and commitment to the Region and its customers. Cecil does an excellent job each year in putting on the annual "Truck Roadeo", both for Niagara Region and the local chapter of the Association of Ontario Road Superintendents. Cheryl Gravestock from Gilmore Lodge was presented with an Excellence Award for Personal Achievement. Within her day-to-day professional life, Cheryl goes above and beyond the normal job requirements for a Registered Practical Nurse in developing improved documentation processes and teaching these processes to staff. Cheryl became a classifier with the Ministry of Health and Long-Term Care. Marc Todd and Michael Schulze were presented with an Excellence Award for Innovation for their work in developing a software program called Notes Builder, a tool that is used by all Social Assistance and Employment Opportunities staff to keep consistent notes for applicants. This new software has increased the level of customer service to clients, made it easier for Provincial auditors to complete audits of files and those using the program are happy with the consistency and speed in completing required notes as per Ministry regulations. R EGIONAL STARS AWARDED Maria Rosiana, Stacey Allegro, from Public Health and ZoltanMod from Public Works were honoured with a Regional Stars in recognition of their "deed" or accomplishment that does not fall within the criteria for the Recognition of Excellence Awards. C ONGRATULATIONSTO THE WINNERS OF THE ANNUAL TRUCK ROADEO Regional Council congratulated the following winners of the Regional Municipality of Niagara Road Supervisors Association Annual Truck Roadeo held on June 20, 2006. First place was awarded to Phil Aiello; Second place was awarded to Michael Wultchyn; Third place was awarded to Shawn Wilson and Tim Lavallee, who tied; and the Team trophy was awarded to the Niagara Region East Area Road Patrol (Shawn Wilson, Richard Raymond and Andre Imbeault Sr.) ASSOCIATE MEDICAL OFFICER OF HEALTH (CLINICAL) Regional Council welcomed Dr. Andrea Feller, to the Niagara Region, as the Niagara Region's Associate Medical Officer of Health (Clinical). INCREASED INVESTMENT HOMELESSNESS PREVENTION Regional Council supported the Community Services' request for increased investment in homelessness prevention in the Niagara Region. LONG TERM VISION TO SUSTAIN CANADA'S QUALITY OF LIFE - ENDORSED! Regional Council endorsed a report by an advisory committee' to Prime Minister Stephen Harper that sets out a number of recommendations urging the Federal government to more fully engage cities and communities in a long term vision that sustains Canada's quality of life. FUNDING AGREEMENT FOR THE PROVINCIAL HEART HEALTH PROGRAM Regional Council approved the execution of the legal agreement between the Ministry of Health promotion and the Reg.ional Municipality of Niagara for the funding of the Provincial Heart Health Program. The agreement provides twelve months of funding for the provincial heart health program known locally as Healthy Living "Niagara. OFFICIAL OPENING OF THE NEW THOROLD CITY HALL Councillor Brock extended an invitation for everyone to" attend the official opening of the new Thorold City Hall, located at 3540 Schmon Parkway on Tuesday, September 12, 2006 from 4:30 to 6:30 p.m. HOUSING DELIVERY PLAN APPROVED BY THE MINISTRY IN Councillor Eke was pleased to announce that the Housing Delivery Plan developed by Niagara Regional Housing" has been approved by the Ministry of Municipal Affairs and Housing. The Housing Delivery Plan has a Rental and Supportive Housing component, which has been allocated $7.7 million for the development of 110 new affordable housing units across the Region. Niagara Regional Housing will be holding three information sessions from 7:00 to 8:30 p.m.: . September 11 - Howard Johnson Hotel, 89 Meadowvale Road, St. Catharines . September 13 - Maid of the Mist Campus, Niagara College, 5881 Dunn Street, Niagara Falls . September 14 - Best Western Road City, 300 Prince Charles Drive, Weiland These sessions will be of interest to builder, developers, community agencies, housing providers and municipal and regional officials and staff. The sessions will review the criteria for the program and will provide information about the Request for Proposals that will be issued this fall. NIAGARA GRAPE AND WINE FESTIVAL - SEPTEMBER 22 - OCTOBER 1, 2006 Councillor Zimmerman invited everyone to at- tend the Scotia Bank Luncheon, that kicks off the Niagara Grape and Wine Festival with its special guest, Dan Akroyd. Councillor Rigby invited everyone to attend the 55th Annual Niagara Grape and Wine Festival that is taking place in Montebello Park in the City of St. Catharines. Please visit http:// www.graoeandwine.com/onHne/ for further details. Councillor Rigby challenged the area Mayors to participate in the Mayor's Invitational Grape Stomp on September 23 at 1 :00 p.m. in the Roy Adams Bandshell. , REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD Contents of this report relate to the activities of the Niagara Police Services Board as an outcome of the public meeting held August 24, 2006. This information is made available to members of the police service and interested members of the public. NEXT BOARD MEETING Thursday, September 28th, 2006 8: 30 a.m. Police Services Boardroom 110 James Street , St. Catharines, Ontario REPORTS FROM THE CHAIR Chair Larry Iggulden reported on the following topics: NRPS Swearina-In Ceremony - On August 10th, the Chair and Member Larry Tufford attended the NRPS Swearing-In Ceremony at the Brock Plaza Hotel in Niagara Falls where a total of 23 new police officers were welcomed to the Niagara Regional Police Service. Canadian Association of Police Boards Annual Conference - Members Bentley, Woodhouse and the Board's Executive Director attended CAPB's 17th Annual Conference and General Meeting. The three-day conference was held in Edmonton, Alberta, and it attracted police board delegates from across Canada. The theme was entitled 'Community Policing' and its agenda included presentations from a number of prominent politicians and policing community individuals. Much of the value of the conference was acquired through discussion groups, workshops and informal discussions held during social events where our own Board Member Bob Bentley was the successful winner of the golf tournament. International Association of TransDortation Reaulators (lATR) Annual Conference - The IA TR will hold its Annual Conference in Seattle, Washington, from September 17th - 20th. Any members of the Board's Licencing Committee are asked to contact the Executive Director if they wish to attend. REPORTS FROM THE ACTING CHIEF OF POLICE Acting Chief Donna Moody reported on the following topics: FBI Fuaitive Arrested In Niaaara - On August 2nd, the FBI requested assistance for the capture of a female wanted in Pennsylvania for Unlawful Flight to Avoid Prosecution and Kidnapping. A joint effort between the Niagara Regional Police Service, Canada Immigration, U.S. Law Enforcement and members of the public resulted in the discovery of both the wanted person and the child. On August 5th, Claudia Librett surrendered through negotiation, and she turned herself over to the Police. Canal Davs Festival - The 2006 Canal Days Festival held in Port Colborne during August 4th_ 6th was a major success. Over 100,000 people attended throughout the four days. Staff Sergeant Brian Richardson gave thanks to the officers and the Auxiliary Constables who were involved in the operations of the event. Fort Erie's Abduction of an 11 Year-Old Girl On June 215\ the NRPS conducted an investigation into the abduction of an 11-year-old child, resulting in the issuance of a Canada Wide Warrant of Arrest for 23-year-old Steven Lee Batchelder of Hollywood, FL, for Abduction of Person Under 14 years, Forcible Confinement and I nvitation to Sexual Touching. On August 15th, the United States Marshals Service's Violent Fugitive Task Force, advised investigators that Steven Lee Batchelder surrendered to the Leon County Sheriff's Office in Tallahassee, Florida. As of this meeting date, Batchelder was being held in custody at the Leon County Jail on unrelated matters. The Ontario Ministry of the Attorney General and the Federal Department of Justice were notified and had begun proceedings to return him to Canada to answer to these allegations. Mariiuana Growina ODerations - Niaaara Reaion - To-date, the 2006 street value of seized marijuana is estimated at $4.5 million with a total of 26 persons having been charged. Board Chair Larry A. Iggulden, C.A. Board Vice-Chair Doug Marlin Board Members Vance Badawey Bob Bentley William Smeaton Larry Tufford Malcolm Woodhouse +++ Board Staff Deb Morlon Executive Director Sandi Taylor Executive Assistant Dawn Moses Board Clerk +++ For furlher information contact: Regional Municipality of Niagara Police Services Board 68 Church Street St. Ca th a rin es, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Em a iI: nrpboard@nrps.com Website: www.nrps.com , Robbery Statistics - For the period July 27th to August 21 st, there have be~n 67 armed robberies in Niagara, with 38% cleared this period. Robberies are the subject of three specific NRPS initiatives. 2006 Traffic Fatalities - The traffic fatality statistics at this time stand at 23 compared to 18 during the same period in 2005. Homicide Statistics - To-date the current total of Niagara's homicides remain at 4, with previous years' to- date comparison for 2005 at 7, and year-end totals for 2005 at 14, 2004 at 7 and 2003 at 6. STANDARDIZATION OF CRIMINAL RECORDS CHECKS PSB Minute #138 - The Board received a copy of a letter from Doug Moffatt Chair, Durham Regional Police Services Board. The correspondence was addressed to the Honourable Monte Kwinter, Minister of Community Safety and Correctional Services and the Honourable _ Vic Toews, Minister of Justice and Attorney General of Canada, in an attempt to seek support and leadership in the standardization of record checks across Ontario and throughout Canada. Issues relating to this important matter were recently raised and supported by the Canadian Association of Police Boards (CAPB). Discussions addressed the concerns regarding the struggle that police services throughout Canada are forced to deal with given the potentially serious implications of non-standardizing vs. standardizing legislation as it pertains to criminal records checks. It is the intent to ensure citizens are being provided with the most accurate information that meets their expectations and the reality of what they receive in their request for a criminal record check. It is believed that a standardized approach would promote, with consistency between jurisdictions, the most appropriate balance between community safety, individual rights and freedoms, and customer service. The Board received the item for its information and will report further on future success in developing a standardized approach to criminal records checks. INTERNATIONAL ASSOCIATION OF TRANSPORTATION REGULATORS (IATR) PSB Minute #152. - The Board received a memo from Deb Morton, Executive Director, PSB, providing the IA TR's Agenda for its 2006 Annual International Training Conference to be held in Seattle, WA, September 16-20, 2006. At August's Licencing Committee Meeting, Sergeant Mike McAllister, Licencing Unit, reported that the agenda is aggressive in dealing with vehicle issues including an appearance by Ford Motor Company to promote alternate fuel vehicles; interesting case studies regarding accessibility, and a session on the setting of rates in the current oil economy. The Board received the item for its information and requested that any member interested in attending the 2006 IA TR Conference contact the Board's Executive Director to finalize arrangements. SIU INVESTIGATION -IN-CUSTODY DEATH PSB Minute #C.179. - The Board received Service report C.132/2006 providing the decision of the Special Investigations Unit as it relates to the in-custody death of Mr. Andrew Campbell. On October 11, 2005 an unfortunate incident arose when NRPS cellblock staff discovered that Mr. Campbell was in medical distress. An emergency call was immediately placed and EMS and Fire department personnel responded to the Service's cellblock area where police were assisting in attempts to revive Mr. Campbell. He was then transported to S1. Catharines General Hospital while resuscitation attempts continued. Despite the efforts of all trained personnel, Mr. Campbell's death was pronounced. Pursuant to the provisions of the Police Services Act of Ontario, the Special Investigative Unit (SIU) was contacted and invoked their mandate, which resulted in the coml11~ncel1lent Of an_ investig.gtJon. . On March 24, 2006, SIU Director James L. Cornish advised Chief Southall that the investigation had been concluded. It was determined that there were no reasonable grounds to believe that any of the officers involved in this incident committed any criminal offence. He reported that a post mortem examination and subsequent toxicology tests determined that Mr. Campbell consumed lethal amounts of illicit substances in the hours before his arrest by members of the Niagara Regional Police Service. The S.I.U. report also indicated that Board may choose to make the subject report available to the public. It was at the discretion of the members of the Niagara Police Services Board, although sensitive in nature, that this option be exercised and that the report be placed on its public agenda. As mandated under the legislation of Section 11 (1) of Ontario Regulation 673/98 made under the Police Services Act, the Board received the report for its information. SUSPECT APPREHENSION REPORT PSB Minute #143. · The Board received Service report 165/2006 for consideration to the second quarter report on police pursuits. The report stated that from April 1, 2006 to July 28,2006 there were nine (9) pursuits. A quick perusal indicates that three (3) of the pursuits were aborted in the interest of public safety. PUBLIC COMPLAINTS - QUARTERLY REPORT PSB Minute #144. · The Board received Service report 163/2006 advising that the Service's Policing Standards Unit is responsible for investigating alleged misconduct that is reported by a member of the public. In order to maintain compliance with the Provincial Adequacy Standards Regulations and to comply with Board By-Laws, the unit is required to submit quarterly statistical reports detailing the nature of complaints received. For the period April 1 to June 30, 2006 the Service has not received any policy/service complaints, however, it has received 16 officer conduct complaints. Volume 5, Issue 8 August 2006 Page #2 2007-2009 BUSINESS PLAN DEVELOPMENT STRATEGY PSB Minute #146. - The Board received Service report 180/2006 providing the strategy developed to produce the 2007 -2009 3- Year Business Plan as specified by the Ministry's Adequacy Standards and Board By-law 249- 2000. The Board received the report for its information and forwarding to Regional Council for presentation. MOBILE WORKSTATION EQUIPMENT PSB Minute #147. - The Board received Service report 171/2006 requesting approval to purchase required laptops along with mounting devices and Versaterm licences. The equipment request is necessary to provide electronic tools for investigative units and to maintain fully equipped loaner v,ehicles used by front line units. Upon consideration, the Board approved the following: 1. The initiation of Project ZP00601, MWS Equipment $300,000 with an expenditure budget of up to $300,000; 2. Financing for the project to consist of funds from the Police Capital Levy; 3. Sole source purchase of 48 CF29 Toughbook Laptops from Panasonic Canada Inc. pursuant to Financial By-law 167-97 in the amount of $221,376 plus applicable taxes; 4. Sole source purchase of 30 mounts from Precision Mounting Technologies for CF29 for installation in the patrol vehicles, pursuant to Financial By-law 167- 97 in the amount of $23,850 plus applicable shipping and taxes; 5. Purchase of 30 additional MWS MDT/MRE licences from Versaterm in the amount of $57,984 plus applicable taxes. REPLACEMENT PATROL/RESPONSE VEHICLE PSB Minute #148. - The Board received Service report 174/2006 requesting approval to purchase a replacement Patrol/Response Vessel. In 1987, the Service purchased a multifunctional Mederios fiberglass patrol vessel. The vessel was used primarily to patrol the Great Lakes and the Niagara River throughout its existence, serving also as a diving platform and as a quick response rescue vessel during emergency situations. Additionally, due to the design of its deck and fittings and its ability to clear numerous bridges throughout the canal, it became the primary response vessel for incidents and dive operations that occured in the Weiland Recreational Waterways. Significant safety issues have now arisen due to vessel's age and this factor not only affects the safety of NRPS officers but it also impacts the ability to serve the community in a timely manner. Therefore, it has been determined that a replacement vessel capable of performing the required responsibilities of the NRPS is required. Sergeant Bill Wiley and Constable Darrin Forbes have had the opportunity to sea trial the vessel that is now being requested. Jointly, they have identified the Titan 220 Aluminum Rigid Hull Inflatable Boat as the vessel most capable of accommodating the needs of the NRPS Marine Unit's duties and obligations. The RCMP current uses Titan boats across Canada as well as locally on Lake Erie and Lake Ontario and they rated these vessels as favourable in their performance capabilities. Funding to purchase a replacement vessel was approved by the Board in December 2005 by inclusion in the 2006 Police Service Capital Budget and the Board has now formally approved the initiation of the project to purchase a Titan 220 Aluminum Rigid Hull Inflatable Marine Patrol/Response Vessel to a sole source so that the specific requirements of the Marine Unit's needs can be met. BOMB ROBOT PSB Minute #149- The Board received Service report 173/2006 requesting approval to purchase a bomb robot for the Service's Explosives Disposal Unit. Since 1998, the Niagara Regional Police Service and the Hamilton Police Service have been under agreement to allow the sharing of bomb robot resources. This practice has been in effect for eight (8) years and although partnered with Hamilton, the NRPS continues to find itself in a position where it has to request robotic assistance from either the RCMP, the Halton Police Service or the OPP. Further, the Hamilton robot has operational limitations that inhibited its deployment. Throughout the past several years and increasingly since September 11, 2001 major developments in the field of bomb disposal robots have taken place. Marketable robots are classified in two categories, those being "full-size" and "mini". An analysis of the types of service calls made by the emergency task unit (ETU) has indicated that a "mini" robot would be sufficient in addressing the needs of the ETU. Additionally, a "mini" robot will offer more flexibility in its deployment at tactical situations and greater methods of transport. The Board approved funding to purchase a bomb robot at an expenditure of $150,000 in December 2005 by inclusion in the 2006 Police Service Capital Budget. The Board has now formally approved the initiation of the project to purchase a Vanguard Mk2T as suggested by Service personnel after careful consideration and research into the capabilities and limitations of today's marketable bomb robots. VARIANCE REPORT PSB Minute #153. - The Board received Service report 186/2006 providing a financial overview and forecast for both the Service and the Board to July 31 S\ 2006. The consolidated variance analysis and forecast for 2006 was based on results of operations for July year-to-date. At this time, no significant areas of concern have been identified. Any future impacts on the achievements of the budget will be reflected in upcoming monthly variance reports and reported on in accordance to their developments. Volume 5, Issue 8 August 2006 Page #3 DONATIONS NRPS Pipes and Drums Band PSB Minute #150. - The Board received Service report 167/2006 requesting support for the Niagara Regional Police Service Pipes and Drums in the amount of $6,000 to enable the group to participate in its 2006 calendar of events as scheduled. The Board approved the requested donation. Owen Sound Police Services Board PSB Minute #151. The Board received a memorandum from Deb Morton, Executive Director, PSB, providing a letter from Mr. Ray McKelvie, Chair, Owen Sound PSB, requesting a donation to support the 2007 OAPSB Annual Meeting and Conference to be held in Owen Sound from May 3 to May 5, 2007. Upon consideration of the request, the Board approved a $1,000 donation to assist with conference expenses. ANNUAL REPORTS The Adequacy Standards Regulation requires that police services boards and police services meet minimum standards for what are adequate and effective police services. This provision is a mandated responsibility of police services boards which includes the developing and adopting of approximately 80 performance standards, a vigorous training program, and an ongoing skills development plan. As a minimum, these policies require compliance with both the regulation and guidelines and in addition, provide the Board with reports in order to continually assess compliance. The reporting requirements also assist in future budget processes, business plans, and in assessing the needs of the police service on an ongoing basis. Annual report(s) received this month relate to the following subject matter and were prepared by the noted Service member(s): . Statistics Canada - Crime Statistics 2005 PSB Minute #139. Service Report 166/2006 Paul Divers. Ph. D., Corporate Support Analyst . Community Based Crime Prevention PSB Minute #140. Service Report 170/2006 Sergeant Debbie Beaulieu, Community Services Unit . Communications and Dispatch PSB Minute #141. Service Report 172/2006 Cathy Berecz, Communications Manager . Police Action at Labour Disputes PSB Minute #142. Service Report 142/2006 Inspector Ivan Madronic, Duty Office . Suspect Apprehension Pursuits PSB Minute #143. Service Report 165/2006 Sergeant Joe Maggiolo, Executive Support Officer POLICE COMMENDATIONS The Board would like to recognize the following members and commend them on receiving a Chief and/or Commander's Commendation for the following related incidents, which displayed exemplary service within the community: Chief of Police Commendations Personnel Order No. 406/2006 - Constables Ernie Cupiraggi, Matt Masterson and Auxiliary Constable Trevor Sahs for their actions taken on March 29, 2006 during an incident involving a male attempting suicide. Each officer is commended on his ability to remain focused and in control during this intense situation. The quick decision-making skills exercised throughout this call portray those of compassionate and dedicated officers. The professionalism of their policing duties deserve recognition for their involvement saved a human life that within moments would not have been possible. Personnel Order No. 405/2006 - Constables James Taylor, Russ Criddle and Martin Hearn for their actions taken on March 9, 2006 during an incident involving a string of robberies being committed in the cities of St. Catharines and Thorold. Each officer's involvement with this incident was essential to the success of its end result. Together, they were able to bring to close a case that involved the arrest of two very dangerous individuals who brought great risk to their victims. The team effort practiced during this incident is commended as it ended an ongoing series of violent robberies and resulted in numerous charges being laid against the felons. Personnel Order No. 413/200& - Constables Joshua Klop, John Vujasic and Shawn Donovan for their actions taken on May 29, 2006 during an incident involving the arrest of a wanted violent . offender who ultimately resorted to threatening suicide during arrest attempts. Together, these officers were able to bring to close a case that involved the search of a very dangerous and disturbed individual. The investigative techniques and decision-making skills practiced during this incident are commended as their combined efforts resulted in the arrest of the individual with minimal consequences to the endangerment of either the male or themselves. Personnel Order No. 414/2006 - Sergeant Tom Trojan, Constables Michelle Dywan and David Santo for their actions taken on March 16, 2006 during an incident involving two occupants trapped in a burning building. Each officer is commended on the diligent manner in which they conducted themselves in order to save two individuals that were trapped inside of their burning apartment complex. Their attempts to enter the premise showed passionate dedication towards serving and protecting Niagara's citizens. Their combined efforts resulted in individuals being taken out of a life-threatening situation and brought to safety without the occurrence of a major tragedy. Personnel Order No. 407/2006 - Constables Mike Langlais and Jordan Garus for their action taken on July 25, 2005 during an incident involving the arrest of a volatile and extremely dangerous male. The policing practices exercised by these officers are commended and admired. The decision-making skills utilized by them during the entirety of this incident were proven extremely selfless by exemplifying their willingness to put the safety of others before themselves. Together, they were able to dissipate a situation that may have ended tragically. Volume 5, Issue 8 August 2006 Page #4 . . . . rI .,. a~ Office of the Clerk August 24, 2006 File #110201 The Honourable Michael Bryant Attomey General McMurtry-Scott Building 11 th floor, 720 Bay Street Toronto, ON M5G 2Kl Honourable and Dear Sir: Re: Current Court Deficiencies - Justice of the Peace The Municipal Council of the Town of Fort Erie at its meeting of August 21, 2006, passed the following resolution in response to a request received from the Regional Municipality of Niagara: THAT: The Municipal Council of the Town of Fort Erie hereby urges the Minister of the Attorney General to address the current court deficiencies and lack of sufficient Justices of the Peace, and further THAT: The appropriate persons be so notified of this action. By copy of this letter to the Regional Municipality of Niagara and Area Municipalities they are being so advised of this action. attention to this matter. Car Town Clerk ckett(ii)forterie. on. ca CJK/ d1k Ene!. c.c. Pam Gilory, Regional Clerk Kim Craitor, M.P.P. Tim Hudak, M.P.P. Niagara Area Municipalities Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca OFFICE OF THE: MAYOR CHIEF ADMINISTRATIVE OFFICER CLERK DIRECTOR OF FINANCIAL SERVICES DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES DIRECTOR OF BUILDING & ENFORCEMENT SERVICES THE CORPORATION OF THE TOWN OF PELHAM TEL. (905) 892-2607 FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO LOS 1 EO August 28, 2006 HONOURABLE MICHAEL BRYANT ATTORNEY GENERAL McMURTRY-SCOTT BUILDING 11 TH FLOOR, 720 BAY STREET TORONTO ON M5G 2K1 Dear Honouraple Bryant: This is to advise that Council of the Town of Pelham, at its regular meeting held on Monday, August 21, 2006, resolved to enact the following motion: "THAT Council of the Town of Pelham hereby supports the resolution of the Regional Municipality of Niagara which was enacted by Regional Council on July 27, 2006 whereby they urge the Ministry of the Attorney General to address the current court deficiencies and lack of sufficient Justices of the Peac.e; AND THAT a copy of this resolution be forwarded. to .the Regional Municipality of Niagara, area municipalities, local MP's and MPP's for support." Yours very truly, Cheryl Mette, AMCT Town Clerk Cc: Regional Municipality of Niagara / Area Municipalities Local MP's Local MPP's CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colb.orne, Ontario L3K 3C8 OFFICE OF THE DIRECTOR OF. COMMUNITY AND CORPORATE SERVICES August 31 S\ 2006. The Honourable Dalton McGuinty, Premier of Ontario, Legislative Building, Queen's Park, Toronto, ON M7A 1A1 Dear Mr. Premier: City of Port Colborne Resolution Re MP AC At its meeting of August 28th, 2006, the Council of the Corporation of the City of Port Colbome resolved as follows: WHEREAS, MP AC currently has an annual budget of approximately $146 million dollars; AND WHEREAS, the taxpayers of Niagara pay approximately $5 million a year towards t~is annual budget including $200,000 from the taxpayers of Port Colbome; AND WHEREAS, MPAC is now requesting a $16 million dollar increase (or 11 %) to their overall budget to hire an additional 225 staff and establish a larger bureaucracy; "AND W~EREAS, the additional funding will do nothing to fix the root of the problems facing the present assessment program for property values and provide no relief to the taxpayer; NOW THEREFORE BE IT'RESOLVED, that .the Council of the Corporation of The . City of Port Colbome hereby objects to any further downloading of costs for MP AC to the local taxpayer and hereby urges the Provincial government to take immediate action and fix th~ flaws of the property assessment system. .. .2 Telephone: (905) 835-2900 Email: dccs@portcolborne.com Fax: (905) 834-5746 -2- AND FURTHER, that Dalton McGuinty, Premier of Ontario, Greg Sorbara, Minister of Finance, Tim Hudak, MPP, Peter Kormos, MPP, Kim Craitor, MPP, Jim Bradley MPP, AMO and FCM, Regional COllncil and all111unicipalities in the Niagara Region be so advised. Your favourable consideration of Council's request for support would be greatly appreciated. Yours very truly J~ ~e.~. H- Janet Beckett City Clerk JB:lw cc: Hon. Greg Sorbara, Minister of Finance T. Hudak, MPP P. Kormos, MPP K. Craitor, MPP J. Bradley, MPP AMO FCM Regional Municipality of Niagara Area Municipalities OFFICE OF THE: MAYOR CHIEF ADMINISTRATIVE OFFICER CLERK DIRECTOR OF FINANCIAL SERVICES DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES DIRECTOR OF BUILDING & ENFORCEMENT SERVICES THE CORPORATION OF THE TOWN OF PELHAM TEL. (905) 892-2607 FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO LOS 1EO August 28, 2006 HONOURABLE GREG SORBARA MINISTER OF FINANCE FROST BUILDING S. 7TH FLOOR 7 QUEEN'S PARK CRESCENT TORONTO ON M7A 1Y7 Dear Honourable Sorbara: This is to advise that Council of the Town of Pelham, at its regular meeting held on Monday, August 21,2006, resolved to enact the following motion: "THAT Council of the Town of Pelham hereby supports the resoluti9n of the Regional ,Municipality of Niagara which was enacted by Regional Council on July 27, 2006 whereby they strongly support AMO's long standing position on property assessment and taxation; AND THAT Council supports Niagara participating in a pilot program with the Province to address these unique challenges through the use of mitigative strategies, such as the Ontario Municipal Partnership Fund; AND FURTHER THAT a copy of this resolution be forwarded to the Regional Municipality of Niagara, area municipalities, local MP's and MPP's, the Association of Municipalities of Ontario and Ombudsman Andre Marin for support." Yours very truly, .~~ Cheryl Mi&1ette, AMCT Tow.n Clerk Cc: Regional Municipality of Niagara t/Area Municipalities. Local MP's & MPP's Association of Municipalities of Ontario Ombudsman Andre Marin . . . . rm .,. all Office of the Clerk August 24,2006 The Honourable Greg Sorbara Minister of Finance Frost Building S, 7th floor, 7 Queen's Park Crescent Toronto, ON M7 A 1 Y7 Honourable and Dear Sir: Re: Property Assessment and Taxation In response to a communication received from the Regional Municipality of Niagara, the following resolution was passed at the Council meeting of August 21, 2006, respecting the above referenced matter: THAT: The Municipal Council of the Town of Fort Erie hereby supports the resolution of the Regional Municipality of Niagara by strongly supporting AMO's long standing position on property assessment and taxation and urges the Province to: · Work with AMO to develop a plan of action to provide a reduction in the cost to municipalities for subsidizing provincial social services and health programs, with a view to their eventual removal from the property tax base; and · To include in the development of the plan, some form of relief for those areas where assessment has risen to extreme rates; and · To commit to ensuring that predictable and sustainable revenue options are accessible for all municipalities, and · To commit to providing a plan to eliminate the municipal infrastructure deficit over time; and · To ensure that the costs associated with the cancellation of property reassessment for 2006 and 2007 are not borne by the property taxpayer, and further THAT: Council hereby supports Niagara participating in a pilot program with the Province to address these unique challenges through the use of mitigative strategies, such as the Ontario Municipal Partnership Fund, and further THAT: The appropriate persons be so notified of this action. By copy of this letter to the Regional Municipality of Niagara and Area Municipalities they are being so advised of this action. .../2 Office Hours 8:30 a.m. to 5:00 p.m. The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 256 Phone (905) 871-1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca Mailing Address: The Honourable Greg Sorbara Page two We thank you for your ttention to this matter. Carol U. Town Clerk ckett(iiJforterie. on. ca CJK/ <ilk Enel. c.c. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing Kim Craitor, M.P.P. Tim Hudak, M.P.P. Pam Gilroy, Regional Clerk Niagara Area Municipalities Andre Marin, Ombudsman Roger Anderson, Chair, AMO ~\\tl'nratiDll of CITY OF WELLAND Office of the City Clerk 60 East Main Street Weiland, ON L3B 3X4 Phone: 905-735-1700 Fax: 905-732-1919 E-mail: barb.gallaccio@welland.ca 01-126 Mr. John D. Maloney, M.P., Weiland 50 Division Street Weiland, Ontario L3B 326 Mr. Peter Kormos, M.P.P., Niagara Centre 60 King Street, Unit 103 Weiland, Ontario L3B 6A4 Association of Municipalities of Ontario 393 University Avenue, Suite 1701 Toronto, Ontario M5G 1 E6 The Honourable Dalton McGuinty Legislative Building Queen's Park Toronto, Ontario M7 A 1 A 1 The Right Honourable Stephen Harper Prime Minister of Canada Langevin Block Ottawa,'Ontario K1A OA2 Mr. Andre Marin, Ombudsman 125 Queen' Park Toronto, Ontario M5S 2C7 Dear Sir: August 25, 2006 At its meeting of August 22, 2006, Weiland City Council passed the following resolution: "THAT Weiland City Council supports the resolution from the Region of Niagara regarding AMO's position to urge the province to work with AMO to develop a plan of action to provide a reduction in the cost to municipalities for subsidizing provincial social services and health programs, to provide relief for those areas where assessment has risen at extreme rates, to ensure that predictable and sustainable revenue option are accessible for all municipalities, to provide a plan to eliminate the municipal infrastructure deficit over time, and to ensure that the costs associated with the cancellation of property reassessment for 2006 and 2007 are not borne by the property taxpayer; and . . ./2 01-126 -2- August 25, 2006 THAT the Acting City Clerk advise the proper authorities accordingly." Yours truly, BG/ms LlJt( · BARBARA GALLACCIO -/_ ~ - · Acting City Clerk c.c. - Ms. Pam Gilroy, Regional Clerk, Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042, Thorold, Ontario L2V 4T7 - Area Municipalities - Mr. G. Banks, City Solicitor, City of Weiland P.O. Box 70, 263 Main Street Odessa, Ontario ROB 2BO Tel: 613-386-7351 Fax: 613-386-3833 e-mail: bhamilton@loyalist-township.on.ca www.loyalist-township.on.ca August 16, 2006 To All Municipalities in the Province of Ontario: Please be advised that the Council for The Corporation of Loyalist Township, at its meeting of August 8, 2006, adopted the following resolution: WHEREAS Loyalist Township considers environmental protection paramount; AND WHEREAS there is great public concern over the use of waste derived fuel in cement kilns; AND WHEREAS Loyalist Township supports a level playing field across the Province in assessing applications for using waste derived fuel in cement kilns; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of Loyalist Township requests the Province of Ontario to pass a regulation placing a moratorium on the burning of waste derived fuel in all cement kilns until such time that a full environmental assessment as to suitability of using waste derived fuel in cement kilns has been completed; and, if the Province rejects the moratorium on burning of waste derived fuel in cement kilns, then the application of Lafarge North America, Cement Division, Bath plant shall be assessed under the provisions of the Environmental Protection Act, with a public hearing; AND FURTHER that a copy of this resolution be forwarded to all municipalities in the Province of Ontario, Premier Dalton McGuinty, Leona Dombrowsky, MPP Hastings, Prontenac Lennox & Addington and Laurel C. Broten, Minister of Environment Loyalist Township respectfully requests that all Ontario municipalities support this resolution. IF YOUR MUNICIPALITY ENDORSES THIS RESOLUTION PLEASE FORWARD YOUR LETTERS DIRECTLY TO THE HONOURABLE DALTON MCGUINTY, PREMIER OF ONTARIO, THE HONOURABLE LAUREL C. BROTEN, MINISTER OF ENVIRONMENT AND YOUR LOCAL MPP. Sincerely, Brenda J. Hamilton, CMO DAVID MILLER August 11, 2006 His Worship Mayor Ted Salci City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Salci: As part of its ongoing efforts to reduce transboundary air pollution, the City of Toronto has joined a legal petition, asking the Administrator of the U.S. Environmental Protection Agency to reduce air pollutant emissions from U.s. coal-fired power plants. The petition will be filed by Sierra Legal Defence Fund under Section 115 of the U.S. Clean Air Act on behalf of the signatories. I encourage your Council to support this initiative by adding your municipality to the list of signatories to the legal petition. The legal petition demonstrates that trans boundary sources adversely. affect air quality and health in south-eastern Canadian municipalities, and requests that these sources be reduced. The EPA is obliged to act ifit reasonably anticipates that U.S. pollutants are endangering the health or welfare of Canadians. By joining the legal petition, Canadian municipalities can demonstrate the importance of reducing pollutant emissions both at home and across our borders, and our interest in finding solutions with our neighbours. The City of Toronto staff report recommending that Toronto join the petition (attached) was adopted by Toronto City Council at its meeting April 25, 26 and 27, 2006. The report and the petition are available on our website at http://www.toronto.ca/health/hphe/air_quality/electricity.htm. Mr. Albert KoeW, Staff Lawyer, Sierra Legal Defence Fund is the lead on this initiative, and is available to answer questions and support your Council (akoeW@sierralega1.org, 416-533 -1231). I thank you for your efforts to enhance our air quality. Yours truly, ~~~ ~lu Mayor David Miller City of Toronto Attach: City of Toronto Council Decision Briefing note regarding petition under section 115 of the U.S. Clean Air Act M TORONID City Hall · 100 Queen Street West · 2nd Floor · Toronto, Ontario M5H 2N2 Telephone: 416-397-CITY. Fax: 416-696-3687 · E-mail: mayor_miller@toronto.ca MToRONIO CITY CLERK Consolidated Clause in Board of Health Report 2, which was considered by City Council on April 25,26 and 27, 2006. 1 Legal Petition to Reduce U.S. Air Pollution City Council on April 25, 26 and 27, 2006, adopted this Clause without amendment. The Board of Health recommends that City Council adopt the staff recommendations in the Recommendations Section of the report (February 13, 2006) from the Medical Officer of Health. Action Taken by the Board: The Board of Health endorsed the staffrecommendations in the Recommendations Section of the report (February 13, 2006) from the Medical Officer of Health. The Board of Health submits the following report (February 13, 2006) from the Medical Officer of Health: Purpose: To seek City Council approval to sign on to a legal petition, the purpose of which is to reduce air pollutant emissions from u.S. coal-fired power plants, under Section 115 of the u.s. Clean Air Act. Financial Implications and Impact Statement: There are no financial implications arising from the adoption of this report. Recommendations: It is recommended that: (1) the Board of Health adopt this report and forward it to City Council; (2) City Council add City of Toronto to the list of signatories to the legal petition entitled, "Petition under s. 115, United States Clean Air Act, 42 US.C. s. 7415(a) to the Unite.d States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of Illino~s, Indiana, Pennsylvania, Michigan, Ohio, West Virginia, and Kentucky"; and City Council notify Sierra Legal Defence Fund of its decision; Toronto City Council April 25, 26 and 27,2006 2 Board of Health Report 2, Clause 1 (3) City Council forward this report for information to all Boards of Health in Ontario, the Great Lakes and St. Lawrence Cities Initiative, the Federation of Canadian Municipalities, the Association of Local Public Health Agencies, the Ontario Public Health Association, the Greater Toronto Area Clean Air Council, and the Director of Public Health for Montreal (RRSSSMC);" and encourage other municipalities to participate in Sierra Legal Defence Fund's legal petition to reduce u.S. coal-fired power plant emissions; (4) City Council commend the Premier of Ontario for his June 2005 commitment to. investigate ways Ontario can boost its support of U.S. states seeking cleaner air through legal mechanisms with the u.S. federal government; (5) City Council request that the Premier of Ontario, in addition to filing comments to the U.S. Environmental Protection Agency on th"e proposed changes to New Source Review, undertake the necessary activities to reduce Toronto residents' exposure to transboundary air pollution, including legal action as appropriate; (6) the City Solicitor, in consultation with the Medical Officer of Health, be authorized to support any further action taken by the Province of Ontario that aims to reduce transboundary emissions from the U.S., including any further submission on the proposed New Source Review rules; (7) the Medical Officer of Health, in consultation with the City Solicitor, monitor and report back on progress regarding the legal petition; and (8) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto. Background: The Board of Health and City Council have supported previous efforts to reduce air pollution from coal-fired power plants in the U.S. At its meeting February 1, 2 and 3, 2000, City Council authorized the City Solicitor and the Medical Officer of Health to submit a Friend of the Court (Amicus Curiae) brief in the U.S. court case involving American Electric Power (AEP). The brief was submitted, describing the impact on Toronto's citizens of air pollution from U.S. coal-fired power plants, and the court's decision is anticipated soon. At its meeting April 12, 13 and 14, 2005, City Council adopted a staff report entitled "Curbing Transboundary Air Pollution", dated March 16,2005. The report provided an update on the AEP case and Council requested the Premier of Ontario to give high priority to reducing transboundary pollution. City Council has also articulated a position on coal-fired electricity in Ontario. At its meeting July 20, 21 and 22, 2004, Council urged the Premier of Ontario to develop a strategy to phase out coal-fired power generation. Council highlighted the need to do so using energy conservation and renewable energy, rather than nuclear power. The Government of Ontario has since committed to phasing out coal-fired electricity generation by 2009. Toronto City Council April 25, 26 and 27, 2006 3 Board of Health Report 2, Clause 1 At this time, Sierra Legal Defence Fund is requesting that the City of Toronto and other municipalities sign on to a legal petition to the Administrator of the U.S. Environmental Protection Agency (U.S. EPA), as provided for by Section 115 of the U.S. Clean Air Act. The legal petition demonstrates that air pollutants released from U.S. coal-fired power plants contribute to health impacts of Canadians, and asks the Administrator to reduce these emissions. This legal petition is parallel and complementary to the AEP court case ~o which Toronto submitted a brief. This report describes the legal petition and recommends that the City of Toronto be added to the list of signatories. Comments: Air Quality and Health: It is established that air pollution injures health. Pollutant particles and gases cause a variety of respiratory and cardiac effects, particularly in the elderly and the very young. Air pollution can also exacerbate existing health conditions including asthma. Air pollution in Toronto is estimated to contribute to approximately 1,700 premature deaths and 6,000 hospitalizations each year. In 2005, Toronto experienced a record number of smog alert days, emphasizing the need to reduce air pollution as quickly as possible. According to the Ontario Ministry of Environment, on days of poor air quality U.S. sources (plus background concentrations) account for approximately 50 percent or more of ozone and particulate air pollution (PM2.s) in the Toronto area (1). Similarly, the Ministry estimates that U.S. emissions are responsible for approximately 55 percent of Ontario's air pollution-related health-care and environmental costs. u.S. emissions from coal-fired electricity generation are substantial. According to the Commission for Environmental Cooperation, the electricity generating sector is responsible for a large portion of total U.S. air pollution emissions (69 percent of S02, 22 percent of NOx, 40 percent of mercury and 39 percent of CO2). This equates to U.S. electricity generating sector emissions of approximately nine million tonnes of S02, four million tonnes of NO x, 44 tonnes of mercury and two billion tonnes of CO2. In the U.S., 50 percent of electricity is generated from coal, compared with 19 percent in Canada (2). Some of these coal-fired emissions travel up the Ohio valley and enter southern Ontario as transboundary air pollution. Reducing U.S. coal-fired pollutant emissions will benefit U.s. and Canadian citizens. The U.S. Public Interest Research Group Education Fund indicates that if American coal-fired power plants were to install modern emissions controls, there would be enormous reductions in pollutant emissions. There are approximately 1,100 power plants in the U.S. Pollutant emissions from the 548 dirtiest coal-fired power plants in America would drop by an estimated 62 percent for NOx and 70 percent for S02, if the appropriate pollution controls were installed (3). The City of Toronto has many initiatives to reduce local air pollutant emissions. City efforts include the Green Fleets program, the Better Buildings Partnership, the annual Low-sulphur Fuel Purchase and the developing Comprehensive Air Quality Strategy. The Province of Ontario has shown leadership on reducing emissions from coal-fired electricity generation by committing to phase out coal-fired electricity generation by 2009. Unfortunately, the City of Toronto and the Toronto City Council April 25, 26 and 27, 2006 4- Board of Health Report 2, Clause 1 Province of Ontario cannot, on their own, adequately protect the health of Toronto residents through local actions to improve air quality. Additional actions by the u.s. to reduce pollutant emissions are also required. Legal Petition: Sierra Legal Defence Fund is asking the City of Toronto and other municipalities to sign on to a legal petition that aims to reduce air-pollutant emissions from u.S. coal-fired power plants. As described in Attachment 1, under the provisions of the u.S. Clean Air Act, Canadians whose health or welfare is endangered by air pollutants originating in the u.S. may petition the Administrator of the u.S. EPA to take action to prevent or eliminate the endangerment. The Administrator must only have "reason to believe" that Canadians are being endangered before he or she is obliged to take action. Once a finding of endangerment is made, the Administrator must require individual states to reduce the emissions. On June 17, 2005 Sierra Legal Defence Fund, on behalf of a number of environmental groups, filed a petition to the u.S. EP A for action to prevent or eliminate the emissions. Sierra Legal Defence Fund is asking municipalities in southern Ontario to sign on to the petition, and is approaching the City of Toronto for this purpose. The City of Windsor has endorsed the petition. The purpose of the legal petition is to demonstrate to the u.S. EPA Administrator that u.S. coal-fired power plant emissions contribute to increased air pollution and health impacts in Canada. The legal petition requests that the EP A Administrator order the relevant states to reduce pollution emissions. It is recommended that the City of Toronto sign on to the legal petition that is to be submitted to ~ the u.S. EPA Administrator. Endorsing the legal petition would complement Toronto's other efforts to reduce air pollution from local and transboundary sources. Endorsing the petition does not commit the City to participate in any legal action that may arise out of the petition. It is recommended that Toronto's Medical Officer of Health, in consultation with the City Solicitor, monitor and report back on progress regarding the legal petition. Other Opportunities: In addition to the legal petition, there are other opportunities for the City of Toronto to work toward reducing transboundary air pollution, for instance by supporting the Province of Ontario's efforts. On June 20, 2005, at the Shared Air Summit, the Premier of Ontario announced several initiatives for reducing transboundary air pollution that affects Ontario and the north-east states. These initiatives include investigating ways Ontario can boost its support of those U.S. states that are seeking cleaner air through legal mechanisms with the u.S. federal government. It is recommended that City Council commend the Premier of Ontario for his June 2005 commitment to investigate ways Ontario can boost its support of u.S. states seeking cleaner air through legal mechanisms with the U.S. federal government. Toronto City Council April 25, 26 and 27, 2006 5 Board of Health Report 2, Clause 1 In addition to the initiatives described above, the u.s. EPA accepted comments up to February 17, 2006 on a proposal to alter the New Source Review (NSR) portion of the u.s. Clean Air Act. The purpose ofNSR is to ensure that pollution-control equipment is installed or upgraded when old power plants undergo major modifications or expansions. The AEP court case, in which the City of Toronto has Friend of the Court status, centres on whether AEP was in compliance with this key portion of the u.s. Clean Air Act. The proposed changes to NSR would weaken this provision of the Clean Air Act, and thus would allow old power plants to continue to operate without installing modern emission-control equipment. This change would mean that old coal-fired power plants, that have outdated pollution-control equipment or none at all, would be permitted to make modifications that increase the plants' expected lifetime, and increase their gross annual emissions of air pollution, without installing modern pollution-control equipment. This would allow power plants to increase their total pollutant emissions, without using pollution-control equipment that is readily available today. It is in Canadians' and Americans' health interest to urge the u.s. to retain the current NSR provisions, rather than weaken them as proposed. The existing NSR is a key piece of legislation that, if enforced properly, would reduce transboundary pollution from the u.s. At the time of writing, the Government of Ontario intends to table a submission to the u.s. EP A regarding New Source Review, by the February 17, 2006 comment deadline. This action would be strengthened by having Toronto's support, and the Medical Officer of Health plans to file a letter of support for the Province of Ontario's position on NSR, with the Ontario Ministry of Environment and/or Ontario Ministry of the Attorney General. Support of provincial actions would not commit the City of Toronto to pursue or fund legal action~ It is recommended that City Council request that the Premier of Ontario, in addition to filing comments to the u.s. Environmental Protection Agency on the proposed changes to New Source Review, undertake the necessary activities to reduce Toronto residents' exposure to transboundary air pollution, including legal action as appropriate. It is also recommended that the City Solicitor, in consultation with the Medical Officer of Health, be authorized to support any further action taken by the Province of Ontario that aims to reduce transboundary emissions from the U.S., including any further submission on the proposed New Source Review rules. Conclusions: The City of Toronto is making many efforts to reduce local emissions of pollutants. The Government of Ontario is phasing out coal-fired power generation across the province by 2009. Unfortunately, the City of Toronto and the Province of Ontario cannot, on their own, fully protect the health of Toronto residents through local actions to improve air quality. Additional actions to reduce pollutant emissions from the u.s. are also required. Toronto City Council April 25, 26 and 27, 2006 6 Board of Health Report 2, Clause 1 It is recommended that the City of Toronto add its name to the list of signatories to the legal petition prepared by Sierra Legal Defence Fund, which asks the u.S. EPA Administrator to reduce coal-fired power plant emissions. It is also recommended that the City Solicitor, in consultation with the Medical Officer of Health, be authorized to support any further action taken by the Province of Ontario that aims to reduce transboundary emissions from the U.S., including any further submission on the proposed New Source Review rules. These efforts would complement existing initiatives to improve air quality and reduce the human and financial costs of air pollution in Toronto. Contact: Sarah Gingrich Research Consultant, Environmental Protection Office Toronto Public Health Tel: 416-338-3513 Fax: 416-392-7418 Email: sgingri@toronto.ca Monica Campbell Manager, Environmental Protection Office Toronto Public Health Tel: 416-338-8091 Fax: 416-392-7418 Email: mcampbe2@toronto.ca Dr. Fran Scott Director, Planning & Policy and Associate Medical Officer of Health Toronto Public Health Tel: 416-392-7463 Fax: 416-392-0713 Email: fscott@toronto.ca List of Attachments: Attachment 1: Briefing Note by Sierra Legal Defence Fund. Petition under section 115 of the U.S. Clean Air Act for EP A action against smog, acid rain, and climate change pollution in Canada List of References: (1) Ontario Ministry of Environment. 2005. Transboundary Air Pollution In Ontario. Toronto. (Pages i, 47-50). Toronto City Council April 25, 26 and 27,2006 7 Board of Health Report 2, Clause 1 (2) Commission for Environmental Cooperation of North America. 2004. North American Power Plant Emissions. Montreal. (Pages 1-5). (3) Wu, B. 2003. Lethal Legacy: A Comprehensive Look at America's Dirtiest Power Plants. U.S. Public Interest Research Group Education Fund. Washington, D.C. (Pages 13, 16). Attachment 1 advocates for the environment SIERRA LEGAL DEFENCE FUND Briefing Note Petition under section 115 of the U.S. Clean Air Act for EP A action against smog, acid rain, and climate change pollution in Canada Background - Emissions of sulphur dioxide (S02), Nitrogen Oxides (NOx) and Carbon Dioxide (C02) are emitted in massive amounts from 250 coal-fired power plants in the US Midwest/Ohio Valley States of Ohio, Pennsylvania, Indiana, Michigan, Illinois, West Virginia, and Kentucky. - These coal-fired power plants emitted 4.5 million tonnes (MT) of S02, 1.5 MT of NOx, and 725 MT of CO2 in 2002" representing significant percentages of US totals. - Prevailing winds carry these contaminants to Canada where the health and welfare of citizens is threatened by smog and acid rain, and by climate change globally. - This year, Ontario surpassed its previous record for the number of smog days in a full year by Canada Day (July 1); over one half of premature deaths from air pollution in Ontario are attributable to US pollution sources. Thousands of lakes and rivers continue to be harmed by acid rain in Eastern Canada. - Rising temperatures, violent weather events, drought and the other harmful impacts of climate change affect all people around the world. What is a section 115 Petition? - Under the provisions of the United States Clean Air Act, Canadians whose health or welfare is endangered by air pollutants originating in the US may petition the EP A Administrator to take action to prevent or eliminate the endangerment. - US citizens are accorded a similar opportunity under s. 166 of the Canadian Environmental Protection Act. - On June 17, 2005 the Sierra Legal Defence Fund, on behalf of a number of environmental groups filed a petition to the US EP A for action to prevent or eliminate the subject emissions. - The EP A Administrator must only have "reason to believe" that Canadians are being endangered before he is obliged to take action. Toronto City Council April 25, 26 and 27,2006 8 Board of Health Report 2, Cia use 1 - Once a finding of endangerment is made, the Administrator must require individual states from which emissions emanate to revise their State Implementation Plans to reduce the emissions. What do we hope to achieve? Cleaner air, healthy water bodies, and a secure climate. The petition provides the opportunity to convince the EP A but also constitutes the first step for a legal process to force the EP A to act if it fails to do so voluntarily. This action, together with other actions we have taken in collaboration with a number of U.S. governmental and non-governmental organizations, is part of the larger battle against air pollution from dirty coal-fired power plants in both Canada and the U.S. - A successful petition will benefit million of Americans as well as Canadians. What evidence do we present in the section 115 Petition? The petition relies on numerous international reports from agencies such as the United Nations, the International Joint Commission, NAFTA's Commission for Environmental Cooperation, the Organization for Economic Cooperation and Development, and others and is buttressed by reports from the US EP A, Environment Canada and numerous other governmental and non-governmental organizations. - There are available and affordable technologies to reduce NOx and S02 emissions by over 90%, however, recently passed laws do not even require such reductions by 2015. - The EPA acknowledges under its so-called Clean Air Interstate Rule that in 2015 there will still be areas in upwind US states that will continue to fall below American health standards for air quality. - Reductions in C02 emissions that cause climate change will ultimately require greater investment in renewable power and conservation measures as well as a genuine acknowledgement by the US Administration that a grave problem exists. - Current pollution laws also do not contemplate the aggravating effect of climate change on existing problems, such as rising temperatures on ozone formation. What if the EPA Administrator rejects the petition or ignores it? These are outcomes that the filing of this petition contemplates since a failure by the Administrator to take action provides recourse to US courts. Both the Clean Air Act and the Administrative Procedures Act allow us to sue in US courts if the Administrator rejects our petition or fails to act within a reasonable time (Le. 12-18 months). - We must show that the Administrator's conduct in failing to act --- given the overwhelming evidence of endangerment to Canada --- was arbitrary, capricious, or not in accordance with , the law. Ifwe sign the petition does this oblige us to take part in a lawsuit later? - No, the petition carries no obligation of involvement beyond your role as signatory to the petition. What cost and obligation is there if we sign on to the petition? - We do not anticipate any financial costs other than whatever effort is required on your part to follow the progress of the petition and to help move it forward. Toronto City Council April 25, 26 and 27, 2006 9 Board of Health Report 2, Clause 1 What are the next steps? - Once additional parties sign on we will file an additional or amended petition to the one filed on June 17, 2005. Who can I contact for further information? Albert Koehl, Staff Lawyer, Sierra Legal Defence Fund, 416-368-7533 ext 26 or akoehl@sierralegal.org July I I, 2005 Albert Koehl, Sierra Legal Defence Fund, addressed the Board of Health on February 27, 2006. iy:.;..,; Attachment 1 advocates for the environment SIERRA LEGAL DEFENCE FUND Briefing Note Petition under section 115 of the U.S. Clean Air Act for EP A action against smog, acid rain, and climate change pollution in Canada Background · Emissions of sulphur dioxide (S02), Nitrogen Oxides (NOx) and Carbon Dioxide (C02) are emitted in massive amounts from 250 coal-fired power plants in the US Midwest/Ohio Valley States of Ohio, Pennsylvania, Indiana, Michigan, Illinois, West Virginia, and Kentucky · These coal-fired power plants emitted 4.5 million tonnes (MT) of S02, 1.5 MT of NOx, and 725 MT of CO2 in 2002, representing significant percentages of US totals. · Prevailing winds carry these contaminants to Canada where the health and welfare of citizens is threatened by smog and acid rain, and by climate change globally. · This year, Ontario surpassed its previous record for the number of smog days in a full ye~r by Canada Day (July 1); over one half of premature deaths from air pollution in Ontario are attributable to US pollution sources. · Thousands of lakes and rivers continue to be harmed by acid rain in Eastern Canada. · Rising temperatures, violent weather events, drought and the other harmful impacts of climate change affect all people around the world. What is a section 115 Petition? 30 St. Patrick Street. Under the provisions of the United States Clean Air Act, Canadians whose health or welfare is endangered by air pollutants originating in the US may petition the EP A Administrator to take action to prevent or eliminate the endangerment. Canada M5T 3A3 . US citizens are accorded a similar opportunity under s. 166 of the Canadian Environmental Protection Act. · On June 17, 2005 the Sierra Legal Defence Fund, on behalf of a number of environmental groups filed a petition to the US EP A for action to prevent or eliminate the subject emissions. E-mail: · The EP A Administrator must only have "reason to believe" that Canadians are being sldfon@sierralegal.org endangered before he is obliged to take action. w:~~~~ierralegal.org. Once a finding of endangerment is made, the Administrator must require individual states from which emissions emanate to revise their State Implementation Plans to reduce the emissions. Suite 900 Toronto, ON Phone: 416.368.7533 Fax: 416.363.2746 , What do we hope to achieve? . · Cleaner air, healthy water bodies, and a secure climate. The petition provides the opportunity to convince the EP A but also constitutes the first step for a legal process to force the EP A to act if it fails to do so voluntarily. · This action, together with other actions we have taken in collaboration with a number of U.S. governmental and non-governmental organizations, is part of the larger battle against air pollution from dirty coal-fired power plants in both Canada and the U.S. · A successful petition will benefit million of Americans as well as Canadians. What evidence do we present in the section 115 Petition? · The petition relies on numerous international reports from agencies such as the United Nations, thelnternational Joint Commission, NAFTA's Commission for Environmental Cooperation, the Organization for Economic Cooperation and Development, and others and is buttressed by reports from the US EP A, Environment Canada and numerous other governmental and non-governmental organizations. · There are available and affordable technologies to reduce NOx and S02 emissions by over 90%, however, recently passed laws 40 not even require such reductions by 2015. · The EPA acknowledges under its so-called Clean Air Interstate Rule that in 2015 there will still be areas in upwind US states that will continue to fall below American health standards for air quality. · Reductions in CO2 emissions that cause climate change will ultimately require greater S I ERR A investment in renewable power and conservation measures as well as a genuine LEG A L acknowledgement by the US Administration that a grave problem exists. D E FEN C ~ Current pollution laws also do not contemplate the aggravating effect of climate FUN D change on existing problems, such as rising temperatures on ozone formation. What if the EP A Administrator rejects the petition or ignores it? · These are outcomes that the filing of this petition contemplates since a failure by the Administrator to take action provides recourse to US courts. · Both the Clean Air Act and the Administrative Procedures Act allow us to sue in US courts if the Administrator rejects our petition or fails to act within a reasonable time (ie 12-18 months). · We must show that the Administrator's conduct in failing to act --- given the overwhelming evidence of endangerment to Canada --- was arbitrary, capricious, or not in accordance with the law. If we sign the petition does this oblige us to take part in a lawsuit later? · No, the petition carries no obligation of involvement beyond your role as signatory to the petition. What cost and obligation is there if we sign on to the" petition? · We db not anticipate "any financial costs other than whatever effort is required on your part to follow the progress of the petition and to help move it forward. - What are the next steps? · Once additional parties sign on we will file an additional or amended petition to the one filed on June 17, 2005. Who can I contact for further information? Albert Koehl, Staff Lawyer, Sierra Legal Defence Fund, 416-.368-7533 ext 26 or akoehl@sierralegal.org July 1 J., 2005