portcolbornemarina.caportcolbornemarina.ca/fileBin/library/CouncilPackage-JUL232012.pdf · CITY OF...

CITY OF PORT COLBORNE SPECIAL COUNCIL MEETING AGENDA

MONDAY, JULY 23, 2012-6:30 P.M. PORT COLBORNE Council Chambers, 3'd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey

1. PRAYER Councillor Barbara Butters

2. NATIONALANTHEM Joel Longfellow

3. CONFIRMATION OF THE AGENDA

4. DISCLOSURES OF INTEREST

5. PUBLIC HEARING UNDER THE PLANNING ACT (a) APPLICATION FOR ZONING BY-LAW AMENDMENT

Department of Planning and Development, Report No. 2012-59, Subject: Public Hearing Report for Application for a Zoning By-law Amendment (File No. D14-04-12) 42 & 46 McRae Avenue

(i) PURPOSE OF MEETING

(ii) METHOD OF NOTICE

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

(iv) PRESENTATION OF APPLICATION FOR ZONING BY-LAW AMENDMENT

(v) COMMENTS OF APPLICANT

(vi) QUESTIONS OF CLARIFICATION TO APPLICANT/PLANNING STAFF

(vii) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

(viii) ANNOUNCEMENT RESPECTING WRITTEN NOTICE OF PASSAGE OF ZONING BY-LAW AMENDMENT

(ix) EXPLANATION OF FUTURE MEETINGS

6. ADJOURN

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"·~ Department: Planning and Development

PORe T COLBORcNE

Report Number: 2012-59 Date: July 23, 2012

SUBJECT: Public Hearing Report for a Zoning By-law Amendment (File No. D14-04-12) 42 & 46 McRae Avenue

1) PURPOSE:

The purpose of the report is to provide Council with information regarding a proposed Zoning By-law Amendment initiated by Brian Lambie on behalf of Teresa Decicco and Virginia Cirone for Part of Park Lot 2, south side of Bell Street and Part of Park Lot 2, north side of Frazer Street, Plan 849 in the City of Port Colborne, ·Regional Municipality of Niagara. The zoning change will apply to properties municipally known as 42 and 46 McRae Avenue and shown as PARCEL 1, 2, 3 and 4 on the severance sketch (Appendix B).

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES

The zoning of PARCELS 1 and 4 is proposed to be changed from the "R2 (Second Density Residential)" zone to the site specific "R2-45 (Private Club)" zone to add a "private club and uses, buildings and structures accessory thereto" as a permitted use and to allow an easterly interior side yard of 1.0 metre. The zoning of PARCEL 2 is proposed to be changed from "R2 (Second Density Residential)" to a site specific "R2-359 (Second Density Residential Special)" to recognize the existing northerly interior side yard setback of 0.9 metres for the existing single detached dwelling. The zoning of PARCEL 3 is proposed to be changed from "R2 (Second Density Residential)" to a site specific "R2-360 (Second Density Residential Special)" to recognize the existing northerly interior side yard setback of 0.64 metres for the existing single detached dwelling.

The property is also the subject of concurrent consent applications B02-12-PC and B03-12-PC which propose to add PARCELS 1 and 4 to the property the west (The Italian Canadian Cultural Centre of Port Colborne).

3) STAFF COMMENTS AND DISCUSSIONS

The "Notice of Public Meeting" was mailed to property owners within 120 metres of the property on June 29, 2012 and signs were posted on the property by July 3, 2012. No comments have been received as of July 11, 2012.

Notice of Public Meeting was circulated on June 29, 2012, to other departments/agencies. As of July 11, 2012, the following agencies have responded:

Building Division: "No objection."

Engineering & Operations: "No adverse comments."

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Niagara Region Development Services Division:

"Regional Development Services staff is not opposed to the approval of this application from a Provincial and Regional perspective subject to local planning requirements."

Planning Division

Regional Niagara Policy Plan

The land is designated Urban Area in the Regional Niagara Policy Plan. The Urban Area designation provides for Industrial, Commercial, and Residential development.

City of Port Col borne Official Plan

Schedule "C' Land Use, to the City of Port Colborne Official Plan designates the property as Urban Residential.

Urban Residential lands are those that are designated for residential use and that are located within the limits of the Urban Area boundary. The Urban Residential designation includes all types of dwellings, and uses that are necessary to adequately serve the surrounding residential neighbourhood, such as parks, schools, recreational buildings, neighbourhood commercial and public utilities.

City of Port Colborne New Official Plan (adopted October 2006)

The new Official Plan, as adopted by Council designates the subject property as Urban Neighbourhood on "Map 1: City-Wide Land Use". Land uses in the Urban Neighbourhood designation include residential, neighbourhood commercial and community facilities and institutional uses.

City of Port Col borne Zoning By-law 1150/97/81

The City of Port Colborne Zoning By-law 1150/97/81, as amended, zones the property "R2 (Second Density Residential)". The Second Density Residential zone permits one single detached dwelling and uses, buildings and structures accessory thereto.

The Draft Zoning By-law Amendment is attached hereto as Appendix A.

Adjacent Zoning

North - "R2 (Second Density Residential)" East- "R2 (Second Density Residential)" South -"R2 (Second Density Residential)" West- "R2-45 (Private Club)

CONCLUSIONS

The Zoning By-law Amendment is necessary to allow the use of the property by the Italian Canadian Cultural Centre of Port Colborne and to recognize the location of the existing dwellings. The Planning Division will provide Council with its recommendation

Department of Planning & Development, Planning Division, Report No.: 2012-59 Page 2 of3 4

report after comments have been received from the Public Hearing and the review agencies. This report will be available at a future Council meeting for Council's consideration.

4) OPTIONS AND FINANCIAL CONSIDERATIONS:

a) Do nothing

N/A

b) Other Options

N/A

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES

N/A

6) ATTACHMENTS

Appendix A Draft Zoning By-law Amendment Appendix B Severance Sketch

7) RECOMMENDATION

That Public Hearing Report No. 2012-59 regarding application for a Zoning By-law Amendment (File No. D14-04-12) located 42 & 46 McRae Avenue, be received for information.

8) SIGNATURES

Prepared on July 11,2012 by:

S~O'tt,~':'dt!P, RPP Planner

Reviewe1l:d and Respectfully Submitted:

~ ---/Robert J. 11 --~

. Chief Ad7nistrative Officer ..

Approved by:

'na, MCIP, RPP, CPT n;.,,,-t,'" of Planning and Development

Department of Planning & Development, Planning Division, Report No.: 2012-59 Page 3 of 3 5

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APPENDIX A

DRAFT ZONING BY-LAW AMENDMENT

THE CORPORATION OF THE CITY OF PORT COLBORNE

BY-LAW NO.

BEING A BY-LAW TO AMEND ZONING BY-LAW 1150/97/81, AS AMENDED, RESPECTING LANDS KNOWN AS PART OF PARK LOT 2, SOUTH SIDE OF BELL STREET AND PART OF PARK LOT 2, NORTH SIDE OF FRAZER STREET, PLAN 849 IN THE CITY OF PORT COLBORNE, REGIONAL MUNICIPALITY OF NIAGARA, MUNICIPALLY KNOWN AS 42 AND 46 MCRAE AVENUE.

WHEREAS By-law 1150/97/81, as amended, is a by-law of the Corporation of the City of Port Colborne restricting the use of land and the location and use of buildings and structures;

AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend the said by-law; ·

NOW, THEREFORE, and pursuant to the provisions of Section 34 of The Planning Act, R.S.O. 1990, the CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. This amendment shall apply to those lands described on Schedule "A" attached to and forming part of this by-law.

2. That the "Zoning Map" referenced as Schedule "A3" forming part of By-law 1150/97/81, as amended, is hereby amended by changing those lands described on Schedule "A" attached from "R2 (Second Density Residential)" to "R2-45 (Private Club)", "R2-359 (Second Density Residential Special)" and "R2-360 (Second Density Residential Special)".

3. That Section 30(b) entitled SPECIAL EXCEPTIONS AND PROVISIONS of Zoning By-law 1150/97/81, as amended, is hereby further amended by adding the following:

R2-45 (Private Club)

(x) Minimum Easterly Interior Side Yard 1.0m

R2-359 (Second Density Residential Special)

Notwithstanding the provisions of the Second Density Residential zone to the contrary, the following special regulations shall apply:

i) Minimum Northerly Interior Side Yard 0.9m

R2-360 (Second Density Residential Special)

Notwithstanding the provisions of the Second Density Residential zone to the contrary, the following special regulations shall apply:

i) Minimum Northerly Interior Side Yard 0.64m

5. That this By-law shall come into force and take effect on the day that it is passed by Council, subject to the provisions of The Planning Act.

6. The City Clerk is hereby authorized and directed to proceed with the giving notice

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of the passing of this by-law, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF AUGUST, 2012.

Vance Badawey, MAYOR

Ashley Grigg, CLERK

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SCHEDULE"A"

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THIS IS SCHEDULE "A" TO BY-LAWNO. (PRIVATE CLUB)

D LANDS TO BE REZONED FROM R2 TO RZ-359 . (SECOND DENSrTY RESIDENTIAL SPECIAL)

PASSED THE '2012 D LANDS TO 8E REZONED FROM R2 TO R2-360 . (SECOND DENSilY RESIDENTIAL SPECIAL)

MAYOR ® AUGUST2012 FILE NO, D14-04-12

CLERK SCALE: NTS Dn,\WN BY H. MA!ION, PLANNING & DEVELOPMENT DEI'ARTMI>NT 9

APPENDIX B

Preliminary SeveroqctJ Skclch of

PART OF PARK LOT 2 South Side of Bell street

PART OF PARK LOT 2 North S!dfJ of Frazer Sfn>ef

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PORT COLBORNE

CALL MEETING TO ORDER

CITY OF PORT COLBORNE COMMITTEE OF THE WHOLE MEETING AGENDA

MONDAY, JULY 23,2012 following Special Meeting of Council

Council Chambers, 3'd Floor, 66 Charlotte Street

Mayor Vance Badawey

1. INTRODUCTION OF ADDENDUM ITEMS

2. CONFIRMATION OF AGENDA


4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

6. PRESENTATIONS:

7. DELEGATIONS (REGARDING MATTERS NOT OTHERWISE ON THE AGENDA): (a) Nancy Salvage, Organizer for the Terry Fox Run Re 2012 Terry Fox Run Kick Off in

Port Colborne (Page 17) (b) Doug Hart Re Concerns about the Position Taken by City Council Re the 66 Foot

Road Allowance and the Land Locked Properties in the Area (Oakridge Crescent, Walnut Street, Orchard Street and Lakewood Crescent) (Page 21). For Council's information a copy of Council's current position and the associated report are also attached. A copy has also been made available to Mr. Hart.

8. MAYOR'S REPORT

9. REGIONAL COUNCILLOR'S REPORT

10. COUNCILLOR'S ITEMS/NEW BUSINESS (a) Councillor's Issues/Enquiries (b) Staff Responses to Previous Councillor's Enquiries

11. ADOPTION OF MINUTES (a) Minutes of the Seventeenth Meeting (Regular) of Committee of the Whole, July

9, 2012

12. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION

13. NOTICES OF MOTION

14. MOTION TO ADJOURN

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Committee of the Whole Agenda July 23, 2012

UPCOMING COMMITTEE OF THE WHOLE AND COUNCIL MEETINGS

Monday,August13,2012

Monday, August 27, 2012

Committee of the Whole/Council-6:30P.M.

Committee of the Whole/Council-6:30P.M.

Monday, September 10, 2012 Committee of the Whole/Council-6:30P.M.

Monday, September 24, 2012 Committee of the Whole/Council-6:30P.M.

Tuesday, October 9, 2012 Committee of the Whole/Council- 6:30 P.M.

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NOTES

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COMMITTEE ITEMS:

ITEM DESCRIPTION

1.

2.

3.

4.

5.

Notice of Motion, Councillor Steele Re Amendment to the City's Alcohol Management Policy concerning the Two Drink Limit on Alcoholic Beverages per Patron at Special Events

(Notice of Motion was given at the July 9, 2012 Council Meeting)

Department of Engineering & Operations, Operations Division, Report No. 2012-23, Subject: Participation In the Blue Communities Project

Department of Engineering & Operations, Engineering Division, Report No. 2012-24, Subject: Information Report - Killaly Street West Reconstruction

Department of Planning & Development, Report No. 2012-56, Subject: Recommendation Report: By-law to Requ'1re Pre-Consultation for Planning Applications

Department of Planning & Development, Report No. 2012-58, Subject: Community Improvement Plans - Planning and Building Fees Grant Programs

PAGE RECOMMENDATION

33

41

45

61

That the City of Port Colborne Alcohol Management Policy be amended to provide for a four drink limit, rather than a two drink limit, for any one purchaser at any one time.

a. That Council recognizes and affirms that access to clean water is a fundamental human right and calls on the Federal and Provincial Governments to enshrine water as a human right in Federal and Provincial law and calls on the government of Canada to support the recognition of water as a human right in International law, and;

b. That Council strongly supports the supply of public drinking water by primarily government entities; however, council also supports focusing on the provision and implementation of clearly defined and controlled standards for how drinking water is provided and ensuring there are severe consequences for non-compliance; and also calls on the Federal government to fulfill its responsibility to support municipal infrastructure by 'mvest'1ng in a national water infrastructure fund that would address the growing need to renew existing water and wastewater Infrastructure and build new systems, and;

c. That Council recognizes that water provides a healthy alternative to most other beverages, and as such, to ensure residents and visitors to the City will have the option of making a healthy choice when In attendance at City facilities, will whenever possible, provide easy access to municipal tap water.

That report is presented for the information of Council and no further action is requhed at this time.

That the Council of the City of Port Colborne adopts the attached Draft By-law to require pre-consultation for all planning applicat'lons.

1. That Council authorize the waiving of 50% of the planning and building permit application fees as established in By-laws 57181149/11 (Planning Fees) and 5817172112 (Building By-law) for properties within the Main Street Community Improvement Plan project area, the Downtown Central Business District Community Improvement Plan project area, and the East Village Community Improvement Plan project area, as amended.

2. That Council authorize the waiving of 50% of the building permit application fees as established in By-law 5817172112 (Building By-law) for all properties designated under the Brownfield Community Improvement Plan.

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Committee of the Whole Agenda

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Department of Planning & Development, Report No. 2012-60, Subject: Proposed Swimming Pool By-law Amendment

Department of Planning & Development, Report No. 2012-61, Subject: Beer Store Trailer -·Lease of 105 Main Street West

Department of Planning & Development, Report No. 2012-52, Subject: Parking Control Devices

Delegations:

}> Gary Talosi and Mike Hopper, Members, Downtown Port Colborne Business Improvement Area Board of Management, may be in attendance to speak regarding the above report.

67

July 23, 2012

That the Council of the City of Port Colborne approves the proposed amendment to By-law 4843/68/06, Being a By-law to Regulate Privately Owned Swimming Pools, as follows:

1. That Section 4.1.1 (ii) to By-law 4836/68/06, as amended, be amended by deleting the following:

"An In-ground pool may be located in an exterior side yard."

2, That Section 5.1.1 to By-law 4843/68/06, as amended, be amended by deleting the fo\lowing:

"as outlined on Schedule "A" to this by-law and shall be payable prior to permit issuance."

and replacing it with the following:

"in accordance with By-law 5817/72/12."

3. That Schedule "A" Fees, to By-law 4843/68/06, as amended, be deleted.

69 That Council enters into a one month lease agreement with the Beer Store for the temporary placement of a mobile trailer at 105 Main Street West

That the Mayor and Clerk be authorized to execute such lease agreement once prepared.

73 1. That this matter be deferred to the 2013 fiscal year and that there be no changes to the current status unless the Business Improvement Area (BIA) ls prepared to pick up the cost of signage and bagging meters (unknown cost at this time, staff strongly recommend removal of the meter heads rather than bagging) plus the loss or revenue estimated to be at least $10,000 for the balance of 2012 plus 65% loss of revenue for fines attributed to parking meter violations estimated at $3,000 ($9,000 annual x ~ loss x 65% attributed to downtown meter violations);

2. That the downtown BIA streets be regulated for a maximum two (2) hour parking and appropriately signed for 2013;

3. That meter heads be removed for 2013 and maintained intact for potential reinstallation at the end of 2013 if the test of free parking fails;

4. That enforcement of the two hour time violation be on a complaint basis;

5. That staff be directed to discuss parking enforcement with the contract company with a view to possibly reduce costs dependent upon the number of complaints received; and

6. That Council increase the tax levy by approximately 0.2% during the 2013 budget deliberations for the loss of revenue plus 0.2% for sign installation and meter removal and storage for a total tax increase of 0.4%.

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Committee of the Whole Agenda

Miscellaneous Correspondence

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Ontario Municipal Board Re Memorandum of Oral Decision Delivered by J.V. Zuidema on May 28, 2012 and Directions of the Board -Nyon Oil Inc.

Region of Niagara Re Complete Streets for Niagara (ICP Report 67-2012)

The Music Depot Open House and Street Party, Sunday, August 12, 2012 Re Request for Road Closure

105

107

111

July 23, 2012

That the correspondence received from the Ontario Municipal Board Re Memorandum of Oral Decision Delivered by J.V. Zuidema on May 28, 2012 and Directions of the Board- Nyon Oil Inc., be received for information.

That the correspondence received from the Region of Niagara Re Complete Streets for Niagara (ICP Report 67~2012), be received for information.

That the Council of The Corporation of the City of Port Colborne approve the request of Morgan Whelan, The Music Depot, for the temporary closing of Fraser Street from 10:00 a.m. to 8:00 p.m. on Sunday, August 12, 2012, for purposes of The Music Depot Open House and Street Party Event and the City Clerk be directed to present the necessary by-law and to notify emergency services;

That such approval be subject to The Music Depot providing advance written notice to the owners of the properties served by the section of roadway that will be temporarily closed;

The applicant shall not block or occupy the street with any equipment related to the event before 10:00 a.m. on Sunday, August 12, 2012 and must have all related equipment and supplies cleared from the streets no later than 8:00p.m.;

That a certificate of Insurance showing a minimum of $5,000,000 general liability coverage and the City of Port Colborne as an additional insured for purposes of the event, be filed with the City Clerk;

That a temporary Noise By-law exemption be issued by the By-law Enforcement Division for the emission of sound arising from the entertainment/activities for the Open House and Street Party Event on August 12, 2012;

That the applicant enters into an encroachment agreement with the City for the purposes of the use of City property by obtaining a general encroachment permit issued by the By-law Enforcement Division;

That the applicant work with by Building Division to obtain any permits that may be required;

That The Music Depot be responsible for coordinating, attaining and setting up barricades and signage relative to the street closure to the satisfaction of the Superintendent of Public Works;

That the applicant be responsible for any costs related to the supply, installation and removal of barricades, sign age or other traffic control devices by Public Works; That should there be any damage Incurred to the grass, parking lot, road, sidewalk, curbs, or other City property, the applicant shall be responsible to pay for any repairs necessary to reinstate the area to its original condition;

That the applicant shall comp~ with all health regulations and obtain approval from the Niagara Region Public Health Department for the serving of food at the event:

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Committee of the Whole Agenda July 23, 2012

Continued: Music Depot Open House and That the applicant shall ensure that portable fire Street Party extinguishers are on site and accessible for purposes of

cooking:

That the selling, serving and/or consumption of alcohol at the event be strictly prohibited;

That the applicant shall comply with all other relevant By-laws of the City of Port Colborne.

VB BB RB 12. New Humberstone Speedway Request for 113 That the Council of The Corporation of the City of Port Temporary Extension of Current Liquor Colborne not object to an application for a temporary

AD FD YO Licence Re The Molson All Canadian extension of the proposed licenced area by Bob Championship, August 5, 2012 Davidson, General Manager, New Humberstone

DE BK ws Speedway for The Molson All Canadian Championship Event, on August 5, 2012, all as described in the correspondence from the New Humberstone Speedway;

That the event be approved, subject to the following conditions;

a) That the applicant work with the Building and By-law Divisions to obtain any permits that may be required related to the event.

b) That the Tent must comply with the requirements of the Ontario Building Code.

c) That Portable extinguishers must be present whenever cooking is involved.

VB BB RB 13. Memorandum from Robert Heil, Chief 117 That the Council of The Corporation of the City of Port Administrative Officer, Re Entering into an Colborne enter into an agreement with Algoma Central

AD FD YO Agreement for Naming Rights for the Corporation for the Naming Rights for the Skateboard/BMX Park, Lock 8 Park Skateboard/BMX Park, located at Lock 8 Park, Port

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That the City Clerk be authorized to present the appropriate by-law at the Council Meeting of July 23, 2012.

Outside Resolutions- Requests for Endorsement

VB BB RB 14. Town of Tillsonburg Re Business Tax 125 That the resolution received from the Town of Tillsonburg Capping Reform Re Business Tax Capping Reform, be referred to the City

AD FD YO Treasurer to provide advice concerning the impact on Commercial and Industrial Properties in the City of Port

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VB BB RB 15. Town of Niagara-On-The-Lake Re Request to 135 That the resolution received the Town of Niagara-On-Investigate Creation of a Municipal Conflict of The-Lake Re Request to Investigate Creation of a

AD FD YO Interest Commissioner Municipal Conflict of Interest Commissioner, be received for information.

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---Forwarded by Ashley Grigg/Port_Notes on 07105112 02:05PM-----

From: To: Date: Subject:

Hi Ashley,

nancy salvage <[email protected]> <[email protected]> 07105112 02:05 PM Terry Fox Run

Me again. Just wondering if I can get on the agenda for the July 23rd city council meeting .. .! would like

kick off the 2012 run there. Possible?

Nancy

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Cancer Research: It's 'Working l For millions of people worldwide·T~rry Fox is the face of canc~;-;;;se~rch, His Marathon of Hope inspired a country and

I The Terry F_ox_ Ru':', now in its. fou~th d~cade, contin.ue. s I? motivate people here in Canada and around the world. To date, over $600 mdl1on has been ra1sed 1n support of Terry s cause.

I Terry's vision and courage have helped to change and reshape Canada in many ways. Importantly, i.t transformed I cancer research here- establishing a new attitude and threshold regarding what kind of investment was necessary to I I support cancer research. The .'ferry Fox Foundation continues to be a leading national investor in cancer research, I I directing $27.5 million to its cancer research programs in 2011. L. ---·-----------·--·-·---· ·--·---------- -----------·---

Here are just a few of our 2011 research highlights- all thanks to Foundation-funded researchers and the wonderful participants and donors who fund their work.

~ ,......, ~'--'"""'·~---,...,.,..-.,.,_"""" .,.,...,.,. . ..,,_, .. ...,.~ .... ~ - ""-""' ,.,..--

TRICKING RESISTANT CANCER CELLS IN'rO COMMITTING SUICIDE

. ==-=wo£kin.~:rcigr§st:· "'''' •'····~-- -=---- '~~~-~·- , __

Oncolytic virology uses live viruses to sense the genetic ~lference between a tumor and normal cell. Once the virus finds a tumor cell, it replicates inside that cell, kills it and then spreads to adjacent tumor cells to seed a therapeutic "chain reaction". Researchers hove identified a way to short-circuit these rescue systems so that tumor cells go straight to suicide and healthy cells stay intact. This triggering effect also works with some common chemotherapeutics that are used in cancer clinics around the world today.

GENE ACTS AS A BRAKE ON BREAST CANCER PROGRESSION

New research provides compelling new evidence that a gene known as 14-3-3 ploys a critical role in halting breast cancer initiation and progression. The discovery of this new target points to novel therapies that eventually could slow or stop breast cancer progression. This gene is likely a major player in a number of other types of cancer.

POTENTIAL NEW LEUKEMIA TREATMENT WITH ESTABUSHED ANTIBIOTIC DRUG

Researchers demonstrated that leukemia cells hove unique energy requirements and it is possible to selectively shut down this energy production by blocking protein synthesis in the mitochondria. By looking for new treatments in approved drugs, cancer researchers may be able to rapidly test these new strategies in patients. Multi-centre clinical trials with tigecycline, the most potent treatment drug, are now beginning.

RESEARCH FINDS GENETIC LINK BETWEEN RARE CANCERS

Researchers have discovered that a single gene mutation is associated with several seemingly unrelated cancers that have never been linked before. The researchers sequenced and analyzed the genomes of rare ovarian, testicular and uterine tumours, expecting to find specific and distinct abnormalities but what was found was the same mutation showing up again and again in these different types of cancers. Their research raises the prospect of therapies being designed around the molecular nature of a tumour rather than the region of the body in which it occurs.

Five-year Relative Survival is 63%, which has improved by

almost eight percentage points between 1992 to 1994 and

2004 to 2006.

Relative Survival Rates are highest for thyroid (98%), prostate (96%), testicular cancers (95%), melanoma (90%), breast (88%) and

Hodgkin Lymphoma (85%) Reference: Canadian Cancer Slotis1ics 2011

Hope for patients wi-th early·stage oral cancer

A Canada·wide surgical trial using a new approach to remove tumours and pre-cancerous cells from the mouths of those diagnosed with early-stage oral cancer offers new hope.

Ul"!derstanding and beating childhood brain cancer

A new national, multidisciplinary team is leading the way to change and i.rnprove how brain cancer is treated.

Researd1ers lead national ovarian cancer study

A national study underway will identify new biomarkers to better predict and treat ovarian cancer, whiCh will result in potential new drug treatments.

Current multi•year studies ·· indude -lung, ovarian, col~rec:tal,

pc:inct"eatic, oral, _liver, oncolytic vi'ruses and manv more.

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The Terry Fox Foundation by the Num]Jers

SINGLE MISSION: TO FUND INNOVATIVE CANCER RESEARCH

• Independent- not associated with Canadian Cancer Society or any other

cancer fundraising National organization- 33 fulltime staff in 1 0 offices

• Over 9,000 Terry Fox Runs each year- all volunteer-led and organized

• No Entry Fee, No Minimum Pledge, Non-Competitive

• No Sponsorship

84 CENTS* OF EVERY DOLLAR RAISED GOES TO CANCER RESEARCH To date, The Terry Fox Foundation has raised over $600 million for cancer research worldwide

* based on most recent 3-year average

CANCER RESEARCH INVESTMENT 2011 BY THE NUMBERS: The Terry Fox Foundation is one of the largest non-governmental

funders of cancer research in the country Funds many different types of cancers; current multi-year studies include lung,

ovarian, colorectal, pancreatic, oral, liver, oncolytic viruses and many more

1,180 - the number ~f cancer research projects funded to date by The Foundation

In 2011, TFF will invest-an-e"S"flrTiClted$-27.5 million in cancer research in three key areas of cancer research:

Discovery research -fundamental science, cure-oriented biomedical: $15.6 Million

Translational research - moving discoveries from the laboratory in the clinic more quickly to impact patients; "lab bench to bedside" approach: $10.5 Million

Training future leaders in cancer research: $1 .4 Million

NB: The Terry Fox Research Institute (TFRI) functions as 1 the research arm of The Terry Fox Foundation, overseeing the full research investment portfolio. TFRI works with partners such as Canadian Institutes of Health Research, Canadian Partnership Against Cancer and more than 50 cancer research hospitals, centres and educational institutions across the country.

~ ... ~ ...... -"1 • .. iii. ... , ......

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A single dream. A world of hope.

The Terry Fox Foundation

20

Douglas Hart

103 Oakridge Crescent

Port Colborne, ON L3K 2T5.

Port Col borne City Council

City Clerk, A.Grigg

Dear Ms. Grigg,

As a long time and concerned citizen and taxpayer of Port Col borne I

hereby formally request that I be put on the agenda of the meeting of the

Port Col borne City Council. fi/2 7716 Vit/-)/ .2:5, lc/2- c't•tf/Jc,L 1-'17<E'7E-/7,A.6,\

0-. -\~ I have been requested by many other citizens and taxpayers who own \,,; )J

homes and live in the area of Oakridge Cres.,Walnut St.,Orchard St.and

Lakewood Cres. to represent them at a meeting of the Port Col borne City

Council. We wish to make known our concerns about the position taken by

city council regarding the 66 feet road allowance and the land locked

properties in our area.

Your prompt attention to our request would be greatly appreciated.

Best regards,

1

21

Excerpt of the Thirty Ninth Meeting (Regular) of Council, October 24, 2011 (Resolution Respecting Land Titles- Walnut Street, Orchard Drive & Oakridge

Crescent)

Department of Planning & Development, Report No. 2011-79, Subject: Land Titles- Walnut Street, Orchard Drive & Oakridge Crescent

Council resolved:

That Department of Planning & Development, Report No. 2011-79, Subject: Land Titles- Walnut Street, Orchard Drive & Oakridge Crescent, be approved, as amended recommending:

1. That council receives this report for information purposes.

2. That staff be directed to acquire lands (identified as Part 23 on the Site Condition Plan) at fair market value from owners of 53 & 57 Oakridge Crescent where the portion of the paved road is located and that the City covers all survey costs.

3. That staff be directed to acquire land (identified as Part 16 on the Site Condition Plan) in exchange for land (identified as Part 15 on the Site Condition Plan) for the property at 111 Oakridge Crescent and that the City cover all survey costs and that the process for disposal of surplus property follow By-law 3218/90/95.

4. That staff be directed to aid only those property owners (requesting assistance) that are "landlocked" along Walnut Street, and that subject to budget consideration 100% of all survey costs be covered by the City of Port Colborne, and that the process for disposal of surplus property follow By-law 3218/90/95.

5. That staff be directed to obtain a transfer from the Crown for land (identified as Part 5 & 6 on the Site Condition Plan) to establish the paved portion of Walnut Street to be on City property.

6. That staff be directed to Quit Claim lands (identified as Part 4 & 13 on the Site Condition Plan) to establish the paved intersection of Walnut Street and Oakridge Crescent to be on City property.

7. That staff be directed to register a transfer and dedicate certain lands (Parts 1, 2 & 3 on the Site Condition Plan) as a "public highway" for Walnut Street and Orchard Drive & Oakridge Crescent.

8. That the above items commence subject to Council's consideration and approval of a $10,000 expenditure in the 2012 budget.

23

Department: Planning and Development

PORT COLBORNE

Report Number: 2011-79 Date: October 24, 2011

SUBJECT: Land Titles- Walnut Street, Orchard Drive & Oakridge Crescent

1) PURPOSE:

To obtain Council direction regarding matters surrounding the Walnut Street, Orchard Drive & Oakridge Crescent Road Allowances.


Council at their April 11, 2011 meeting approved Planning & Development Report No. 2011-17 which recommended:

"1) That staff be directed to proceed in discussions with all property owners on lane/ title matters regarding the Walnut Street, Orchard Drive and Oakridge Crescent road allowances.

2) That staff report back to Council on potential costs and best practice in order to complete all matters for consideration in a future budget."


As reported in Planning & Development Report No. 2011-17 there are many land title issues identified dating back to 1875 that were not so straightforward or easy to resolve. To briefly summarize, the road allowance widths of Walnut Street and Oakridge Crescent are not at the standard width of 66', certain property owners along Walnut Street are landlocked (on paper), and in some locations the roads were constructed on lands not owned by the municipality.

Over the summer, the Director of Planning and Development met or made contact with all property owners to discuss each individual issue and the steps necessary to resolve. Property owners were requested to provide comments whether they were generally in favour or opposed to the actions required.

For Council's convenience and ease, I have highlighted the issue affecting each property owner (by surname), the actions required in resolving and have included comments received immediately below from each prope1iy owner:

"It seems that whenever a property on Walnut St. is affected by sale or new development (the Legge/ estate in 1999 at 27 Walnut and recently a new home being built ali the former north-side of Mrs. Beach at 19 Walnut Street) there results a big ado with regard to titles, road allowances, etc. I can understand why: because

1/ArllnrlA rlirAroflv involved · in to

24

uproar. their In the meantime, it Is presumptious of the City (not you) that we should be drawn into a vague business- though indirectly. With regard to our property at 33 Walnut (Lot #2), Mrs. Koth and I were rather surprised to learn that there is a 16.5 foot wide by 129,81 foot long swath of town property (#6 on the printout you gave me) that you said we could purchase at "fair market value" (your words). I wonder what entity establishes FMV on unoccupied cily's property. We have no intention of purchasing this swath at any price (even at one dofla1). This would substantially increase our property area by about 18%, thereby increasing our assessment resuf['fng in a higher tax burden. Over the past 40 years that we have lived at this address, we have maintained and beautified that "swath" (out to the gravel) by plaNing grass, trees, bushes, flowers. So have other people up the line. Involved are hundreds of hours of mowing and planting over four decades, plus all the purchases of flora. We wonder if the City recognizes that."

.,.,.

"- We initially raised this concern 10 years ago, when Janet Beckett was was supposed to have been dealt with at that time and although a large file was amassed no action was taken by the City. - We now understand from Mr. Aquilina, that had this been resolved, in a timely manner ten years ago, the City Solicitor could have hand/eel the matter for both parties. Now we will be. responsible for retaining a lawyer, at our expense. We feel this is unacceptable, since we had no part in causing the delay in resolution. - We would like to resolve this issue, as soon as possible, to allow us to sell our

if we choose to do so." ·· ..

-~-~-~ .•--.-~:.:~-·~-~

"Thank you for your explanation of circumstances regaring the road allowances on Walnut Street. It is my understanding that the city requires a road allowance of 66 feet and that in order to obtain this 66 feet in front of our property 17 walnut street, that the city will need to purchase approximately 15 feet from us. This is all well and good, however in order to make a decision we must know the fol/owinf info1mation. 1) The effect on our front garden which is supported by a stone wall. 2) Exact physical reduction of our property boundry line

Related financial information"

Department of Planning & Development Report No.: 2011-79 Page 2 of 6

25

you time to meet with me August 8, 1 to review re allowance. Please be advised as affected property owners @ 74 Oakridge Crescent (Elizabeth Mann !Mrs. Jessie Madsen) we are not interested in the proposal under City Council's direction to purchase property ( i.e 16 ? to allow for changes in the current road allowance."

"(·- ....

"We've reviewed our survey dated May , 2005 (a month before we closed on the purchase of our property). Because of the irregularities and complexities of lots in the general area, we feel it best to leave things as they are at present. Part of the attraction to our property is the character of the neighbourhood of which this is a part. If a general consensus of the entire neighbourhood to change and straighten boundaries were to emerge, we might then reconsider our decision. We would need to be shown the exact included and what the is for that "

you me to meet in reference to the of Port Co/borne re road allowances and other information pertaining to Oakridge Crescent and surrounding properties. It is clear after meeting that each property owner appears to have differing issues relative to them, some with concerns over the current land boundary infringement. If we understand correctly the situation affecting my property frontage at 57 Oakridge is quite the opposite, where specifically, a portion of the current roadway apparently encroaches on my land according to the recent survey you provided to Rob MacKenzie and me at our meeting. We also noted on this survey that a utility pole might be within or near to my south property boundary with my neighbour's land near the west extremity and that the overhead wires would appear to traverse over my land. While you indicated that the City is only at the stage of gathering information, it appears

at there be or no adverse on nor would this affect

Department of Planning & Development Report No.: 2011" 79 Page 3 of 6

26

my valued trees and other landscaping that together frame and shelter my house approach. I would sincerely hope that the old stone gateway that is located south of my land, be somehow preserved as it is an attractive heritage treasure here in Port Co/borne. If the City in it's wisdom, wishes to proceed with further steps toward land transfers and acquisitions to rectify all these historic overlaps along Oakridge Crescent, I would not be adverse to selling the lands of interest to the City, if an equitable arrangement could agreed upon. Please keep me informed through updates in the process of your meetings with other neighbours and with decisions made by Council on this matter."

Oakridge Crescent Analysis

• All property owners on the west side of Oakridge Crescent are opposed to the City acquiring any land to widen the road allowance. • A portion of the paved road is located on 53 & 57 Oakridge Crescent. The owner at 57 Oakridge Cres. would not be adverse to selling a portion of l1er property. The owner at 53 Oakridge Cres. would like more information as to the purchase price for their land, • The property owner at 111 Oakridge Crescent is agreeable to "swap" lands to widen the road allowance.

Walnut Street Analysis

• The majority of property owners at the south side of Walnut Sleet are opposed to the City acquit·ing any land to widen the road allowance. • Certain property owners are agreeable for the City to assist in resolving their "landlocked" issue while certain property owners are not agreeable for the City to assist in resolving their "landlocked" issue, • A portion of the paved road at the intersection of Walnut St. and Lakeshore Rd. W Street is located on property under possession by the Crown.

Council will need to determine if it wants to acquire lands from property owners that are not in agreement and from those that are in agreement in order to increase the road allowance width of Oakridge Crescent and Walnut Street. In order for the City to acquire lands from those that are in objection, expropriation would be required. The Expropriation Act allows the City to acquire property for a purpose deemed to be in the public interest, even though the owner of the property is not willing to sell it This however may be a costly and deli.cate venture that Council needs to be cognizant of given the property owner's opposition.


Financial Analysis & Budget

Whatever Council's direction is would have an impact on how much monies would be required. The costs below are provided on the basis that Qll property owners are in agreement with the City acquiring their property and in other cases, purchasing City property.

• Survey: in order to obtain the required Reference Plan (survey) to complete Qlllegal


27

transactions, the cost is approximately $7,000. • Considerations- would the expectation of property owners be to cover a portion of the survey costs? If so, survey costs would be lower.

• Legal: $11,000 approximately for claiming and transferring property (buying and selling) if .ill[ property owners are agreeable. Legal costs would be considerably higher if Council directs for expropriation as not .ill[ property owners are in agreement with their property being sold.

• Property Purchases: $15,000 approximately- $5,000 approximately for land sales= $10,000 required. In 1995, Council approved By-law 3218/90/95, being a by-law to adopt a policy for the disposal of surplus property as per the Municipal Act that would be complied with.

a) Do nothing.

Doing such would leave all matters (road allowance widths & land titles) in their existing situation.

b) Other Options

Council has numerous options. Council can choose one, or all,· or a combination of options:

i) Acquiring all portions of private property to increase the road allowance width of Walnut Street and/or Oakridge Crescent regardless of opposition through expropriation where/when required. ii) Acquiring only portions of private property from those that are willing to sell to increase the road allowance widths. iii) Assisting only those that are "landlocked" along Walnut Street and seeking help. iv) Acquiring portions of private property where the paved road exists on Oakridge Crescent. v) Obtaining a transfer for the land at the north intersection of Walnut and Lakeshore Rd. W. where a portion of the paved portion of Walnut Street exists. vi) Selling City land that is outside of the 66' road allowance of Walnut Street. vii) Transferring, quit claim and dedicating certain lands as public highways to establish the existing paved portion of the road at the intersection of Walnut Street and Oakridge Crescent.


NIA

6) ATTACHMENTS

m APPENDIX "A" - Site Condition Plan (Survey Sketch) of Walnut Street, Oakridge Crescent & Orchard Drive. m APPENDIX "B"- Air Photo

7) RECOMMENDATION

Department of Planning & Development Report No,: 2011-79 Page 5 of 6

28

1) That Council receives this report for information purposes.

2) That Staff be directed to acquire lands (identified as Part 23 on the Site Condition Plan) at fair market value from owners of 53 & 57 Oakridge Crescent where the portion of the paved road is located and that the City covers all survey costs.

3) That Staff be directed to acquire land (identified as Part 16 on the Site Condition Plan) in exchange for land (identified as Part 15 on the Site Condition Plan) for the property at 111 Oakridge Crescent and that the City cover all survey costs and that the process for disposal of surplus property follow By-law 3218/90/95.

4) That Staff be directed to aid only those property owners {requesting assistance) that are "landlocked" along Walnut Street, and that all survey costs be split 50% and that the process for disposal of surplus property follow By-law 3218/90/95.

5) That Staff be directed to obtain a transfer from the Crown for land (identified as Part 5 & 6 on the Site Condition Plan) to establish the paved portion of Walnut Street to be on City property.

6) That Staff be directed to Quit Claim lands (identified as Part 4 8, 13 on the Site Condition Plan) to establish the paved intersection of Walnut Street and Oakridge Crescent to be on City property.

7) That Staff be directed to register a transfer and dedicate certain lands {Parts 1, 2 & 3 on the Site Condition Plan) as a "public highway" for Walnut Street and Orchard Drive & Oakridge Crescent.

8) That the above items commence subject to Council's consideration and approval of a $10,000 expenditure in the 2012 budget.

8) SIGNATURES

October 12, 2011 by:

I ina, nnr,Art'" of Planning & Development

Reviewed by: Approved & Respectfully Submitted by: ~·-7""" ,/"

0~-~- ' .-::-·r_· ""~,> "'"""•,, /./ ~ ,.,?--'----~-""- ~-·-:i" --~--··-·····:::::~::- . Peter Senese, /Robert 1 , Heil, Director of Corporate & Community Services Chief l'<dministrative Officer

Department of Planning & Development Report No,: 2011-79 Page 6 of 6 29

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Report Number: 2012-23

ENGINEERING AND OPERATIONS DEPARTMENT OPERATIONS DIVISION

Date: July 23, 2012

SUBJECT: PARTICIPATION IN THE BLUE COMMUNITIES PROJECT

1) PURPOSE

This report, prepared by Trevor Rowntree, Environmental Compliance Student, under supervision from Darlene Suddard, Environmental Compliance Supervisor, and authorized by Ron Hanson, Director of Engineering and Operations, has been prepared at the request of Council to provide additional information about participating in the Blue Communities Project and to recommend which, if any, of the proposed resolutions from the Blue Communities Project should be endorsed by Council.


On June 11, 2012, Robyn Hamlyn made a presentation to Council regarding the Blue Communities Project. Ms. Hamlyn has presented to multiple municipalities and councils across the country and the Province seeking endorsement for the Blue Communities Project which consists of three components of a "water commons" framework. The "water commons framework", according to the information about the Blue Communities Project provided by Ms. Hamlyn and prepared by the Council of Canadians and the Canadian Union of Public Employees, "treats water as belonging to no one, and the responsibility of all." The Blue Communities Project calls on municipalities to adopt a "water commons framework" by:

1. recognizing water as a fundamental human right, 2. banning the sale of bottled water in municipal facilities and at municipal events,

and; 3. promoting publicly financed, owned and operated water and wastewater services

Recognizing water as a human right proposes the idea that every human is entitled to a sufficient supply of safe, clean drinking water and water for sanitation. Currently, the federal government does not recognize water as a human right, but believes that water is an important issue globally and that countries are responsible for ensuring their populations have access to water. In Canada, responsibility for water is shared between the federal, provincial and municipal governments, with municipalities responsible for the provision of water and sanitary services in urban areas. The Blue Communities Project proposes that by municipalities recognizing water as a fundamental human right, it would:

• safeguard against a pricing scheme that would limit access to drinking water; • ensure all residents have equal access to adequate supplies of clean, safe water; • provide citizens with information on their water supply and the operation of their

water services, and;

33

• promote water conservation, treatment, reuse and storm protection to enhance water quality and quantity.

Most municipalities within Canada are currently following these practices and in Ontario, municipalities are required by law to provide information to residents on their water supply and the operation of their water services, and are also required to promote water conservation and participate in source protection initiatives.The Blue Communities Project states that official recognition of these principles at a municipal level would improve the chances of these ideas being adopted by Provincial and Federal governments.

The second part of the Blue Communities' framework requires the municipality to ban the sale of bottled water in municipal facilities and at municipal events. They state this can be achieved with little impact on the public by improving access to tap water in municipal facilities and at municipal events through the installation of water fountains and water filling stations. This requirement is based upon the premise that bottled water represents an "enclosure" or private takeover of water- which is contrary to identifying water as a human right. Additionally, the bottled water ban is proposed to help reduce the environmental impact of bottled water - from the extraction, packaging and distribution of single-use bottled water (creating air quality and climate change impacts and using resources such as oil in the bottle manufacturing process and the fuel used to transport the bottled water.) -to the impact on landfill capacity and street litter (as only approximately 60% of single-use plastic bottles are captured in Blue Box programs).

The third and final goal of the Blue Communities Project is to promote publicly owned and operated water and wastewater services. Public-private partnerships (P3s) are seen as an opportunity to receive funding or revenue for upgrading existing water/wastewater systems and/or build new systems - at little cost to the taxpayer. However, according to the Blue Communities Project, privatization of water and wastewater services within a municipality often leads to an increase in water rates and may cause a decrease in water quality and/or investment as the private sector has higher borrowing costs, transaction fees and is motivated by profit. To ensure the profit margin is maintained, private industry is more likely to raise rates or defer investments and/or decrease service levels. Public-private partnerships can be multi-decade contracts which allow for private management of water and wastewater services and infrastructure. When this form of partnership between a municipality and a private company takes place, the municipality retains the risk - in Ontario, the Mayor and Council are considered the "Owner" of the drinking water system, in particular, and cannot pass that responsibility and/or risk to a private company - therefore, as the Owner of the drinking water system, the Owner is requireq to ensure the operator of the system meets all legal requirements. If the private company fails and rescinds on their obligations, the municipality will bear not only the costs, but also the responsibility. The Blue Communities Project states that keeping these services publicly operated will eliminate the ramifications should a P3 contract fall through.

While there have been municipalities within Canada that have adopted the Blue Communities Project, it has not been without some resistance. The largest resisting force against the Blue Communities' framework are the bottled water companies. Although opposed to the outright ban of bottled water, these companies have not taken

Report No.: 2012-23 Page 2 of 7 34

a stance which is completely against the Blue Communities Project. In fact, water bottlers support recognizing water as a human right and promoting publicly owned and operated water and wastewater services. They feel there is the need for water and wastewater services to continue to receive financial support from all levels of government in an effort to reduce the number of boil-water orders and upgrade water and wastewater infrastructure throughout the country.

On June 26, 2012, two representatives from the Canadian Beverage Association (CBA) and one representative from Nestle Canada met with the Mayor and three members of Staff to present their response to the outright ban of bottled water at municipal facilities and at municipal events promoted by the Blue Communities Project. The main points disputed by these organizations, is the statement that bottled water competes with municipal tap water and that the waste created by single-use plastic bottles is a problem that can be reduced and/or eliminated through a bottled water ban. A document stating the CBA's position is attached to this report.

The CBA and Nestle provided presentations detailing that bottled water is not an alternative to tap water, but rather an alternative to "traditional" bottled beverages, many of which are not considered "healthy" choices - i.e. pop, juice, energy drinks etc, and that many consumers use bottled water as a convenient method of staying hydrated when away from their home. Making tap water more available at municipal facilities or at municipal events through the installation of multiple water fountains may also prove to be ineffective at increasing the availability and use of municipal tap water, as stated in a City of Port Alberni staff report" ... many adults will not use drinking fountains and often discourage their kids from doing the same." Additionally, in a City of Hamilton report, it was stated that banning bottled water may not impact the waste from single-use plastic containers as: "Some consumers may switch to municipal drinking water, while others may purchase a less healthy beverage in a single-use container, which still creates waste and litter. .. "

If a municipality decides to ban bottled water at events, they are running the risk of those who boycott drinking fountains to be swayed towards purchasing other beverages which are also in plastic bottles. In doing so, the healthiest option of a bottled beverage would be removed, resulting in more unhealthy beverages being consumed by the public. While the revenue of other beverages being purchased would increase, the revenue gained by the sale of bottled water would be lost. As was the case in the City of Vancouver, when the Vancouver Parks Board refused to stop the sale of bottled water due to the $250,000 that selling bottled water brings in for the city per year.

The CBA and Nestle representatives also indicated that 70% of PET (polyethylene terephthalate) water bottles are recycled across Canada and are one of the most profitable Blue Box materials. Recycled PET is used to make new PET bottles, packaging, fibre (fleece jackets), and other materials. The PET bottles manufactured today weigh 60% less than the bottles from just a few years ago and contain even more recycled components. The beverage industry currently provides approximately 50% of the funding required to operate municipal Blue Box programs.

The City of ~ort Colborne is currently operating under a publicly owned and operated water infrastructure, but has not banned the sale of bottled water nor recognized water

Report No.: 2012-23 Page 3 of? 35

as a human right. Council will be meeting again on July 23, 2012 to discuss whether or not the City of Port Colborne will endorse the water commons framework to become a Blue Community.


The three main points of the Blue Communities Project are: recognizing water as a human right; banning the sale of bottled water in municipal facilities and at municipal events; as well as maintaining publicly owned water and wastewater services.

Water is essential for life to be sustainable. As such, it is important to recognize that water is a human right. Doing so would entail ensuring all urban residents are able to have equal access to the necessary amount of clean, safe water. Additionally, increased water conservation and source water protection initiatives should be promoted to further improve the water quantity and quality in the Lake Erie basin.

As mentioned prior, the City currently operates publicly owned water and wastewater services. Therefore, this requirement to comply with the Blue Communities Project has already been met. However, it is important that the water services be maintained and updated on a regular basis to ensure the continual availability of safe consumable water. The current Water Infrastructure Needs Study, which Council approved funding for in the 2012 water budget, in addition to the Financial Plan for the drinking water system which Council approved in 2010, shows Council's commitment to investing in the water infrastructure.

The premise behind the Blue Communities Project promoting publicly owned and operated water/wastewater systems is to ensure the quality of these services; however, municipal ownership and control of water systems, while intended to be secure and sufficient is not always guaranteed; Walkerton is the "poster child" where a municipal and publicly owned and operated system failed. The key to ensuring safe drinking water is not ownership but regulation and standards, regular testing, control, audits and accountability. Regardless if systems are municipally operated or privately operated, the assurance of clean, safe, pure drinking water must be considered over profit. Accordingly, any system can be operated by anyone provided the regulations, controls, verifications, testing, audits and accountability standards are legislated, guaranteed and in place.

Banning the sale of bottled water in municipal buildings and at municipal events could prove to be difficult. Many other municipalities have commented that banning water sales in municipal facilities, namely in sporting arenas, adversely promotes the consumption of non-healthy beverages and often results in a decline in vending machine and/or concession sales. The City's new Vale Health and Well ness Centre, for instance, is being constructed to provide the City's residents with a state-of-the-art fitness facility and promote healthy lifestyle choices; should Council decide to ban the sale of bottled water af municipal facilities, the only beverage choices allowed at the new Centre would be mostly unhealthy, sugar-loaded beverages such as pop or juicecontrary to the spirit and intent of the new Centre.

The most significant impact a ban on the sale of bottled water could have would be on the City's two annual signature events; Flavours of Niagara and Canal Days. These two


events alone bring substantial crowds to the City in the height of the summer. Visitors to our City need to remain hydrated in these conditions to ensure they enjoy their visit to our City and to the events. Providing access to enough tap water for the tens of thousands of people who attend these events would be quite difficult and potentially costly as it would necessitate the installation and maintenance of multiple water fountains/filling stations in strategic areas of the City and/or the use of bulk water trucks providing unchilled water to people - who may not have brought a refillable container. In short- it would be a logistical nightmare.Aiternatively, it would be prudent for Council to promote the consumption of municipal tap water whenever it can be easily obtained, perhaps through passing a resolution similar to the fair trade city resolution, requiring tap water to be used and provided for all City-run meetings at City facilities (i.e. Council meetings, public meetings hosted by the City or City Staff etc.)

The idea of being a Blue Community has not been discussed with the residents of the City of Port Colborne. However, there have been other municipalities which have accepted the criteria and have become Blue Communities. While some communities have adopted resolutions for all three of the water commons framework proposed by the Blue Communities Project, there have also been others which have adopted just one or two resolutions. The City of Kamloops now recognizes water as a human right and Parksville, British Columbia has also recognized the right to water as well as supporting publicly owned water services.

Staff recommend that this Council follow the example of Parksville, B.C. by adopting two of the three resolutions (in part) proposed by the Blue Communities Project: recognizing water as a human right, and recognizing and continuing to operate a water and wastewater facility which is highly regulated and controlled to ensure clean, healthy and safe drinking water and adopt a modified version of the outright ban on bottled water suggested by the Blue Communities Project, and instead state that Council promotes the provision of tap water at City meetings. By adopting these resolutions the City is recognizing the importance of water to human life and the importance of assuring users of the precautions and controls necessary to ensure clean, healthy and safe drinking water, regardless of ownership and is ensuring that the public maintains access to a healthy, convenient beverage at City facilities and events. Both Canal Days and the Flavours of Niagara festival and other City sponsored festivals or events will still be permitted to sell bottled water which will provide convenient and sanitary means of hydration to the public.


a) Do nothing.

The ramifications of doing nothing would be minimal. As of now, the City of Port Colborne is already operating publicly owned water and waste-water services. Bottled water would still be available to be sold at municipal events and within municipal buildings.

b) Other Options

If Council is to accept the recommendation of recognizing water as a human right and


promoting the continued implementation of precautions and controls necessary to ensure clean, healthy and safe drinking water, regardless of ownership, the City of Port Colborne would continue to operate the water services which are currently in place. To go along with recognizing water as a human right it is important to educate the public on any potential water issues.

The option of banning plastic bottled water could be exercised by Council; however, for the reasons cited in this report there are numerous disadvantages and in Staff's view, few advantages to ban bottled water. Consequently staff do not recommend the outright ban of bottled water but do support Council's favourable consideration of recognizing water as a human right and operating public water and waste-water services that ensures public responsibility and citizen assurance of clean and pure drinking water and that places the health and safety of users as the priority over profit


None.

6) ATTACHMENTS

City of Port Col borne: Canadian Beverage Association's Position on Bottled Water

7) RECOMMENDATION

That the Corporation of the City of Port Co/borne resolve that:

A. This Council recognizes and affirms that access to clean water is a fundamental human right and calls on the Federal and Provincial governments to enshrine water as a human right in Federal and Provincial law and calls on the government of Canada to support the recognition of water as a human right in international law, and;

B. This Council strongly supports the supply of public drinking water by primarily government entities; however, council also supports focusing on the provision and implementation of clearly defined and controlled standards for how drinking water is provided and ensuring there are severe consequences for non-compliance; and also calls on the Federal government to fulfill its responsibility to support municipal infrastructure by investing in a national water infrastructure fund that would address the growing need to renew existing water and wastewater infrastructure and build new systems, and;

C. This Council recognizes that water provides a healthy alternative to most other beverages, and as such, to ensure residents and visitors to the City will have the option of making a healthy choice when in attendance at City facilities, will whenever possible, provide easy access to municipal tap water.


8) SIGNATURES

Prepared on July 9, 2012 by:

~~ Trevor Rowntree Environmental Compliance Student

-7

Reviewe ~ctfully Submitted:

/\~ ' --------'--1 ____ :::::,. Robert J Heil Chief Ad inistrative Officer

Report No.: 2012-23

Reviewed by:

a~ L o Darlene SuddaW-'---1... Environmental Compliance Supervisor

Reviewed bya

Q;;-n, C.E.T. -------

Director, Engineering & Operations

Page 7 of? 39

J. Canadian Beverage Association i!l Association canadienne des boissons

City of Port Col borne: Canadian Beverage Association's Position on Bottled Water

Maintaining proper hydration is essential to our health and bottled water is a healthy, safe and an important source of hydration which provides portability and convenience. Tap water is equally important and serves a variety of purposes in the typical Canadian household needs, including drinking, cleaning, cooking and irrigation.

The CBA strongly supports access to a safe drinking water supply and believes that it should not be a question of either municipal water or bottled water; rather there is a place for both based on a consumers need throughout the day.

A sustainable and environmentally responsible product: The Canadian bottled water industry works to manage water resources in a responsible way. According to Environment Canada, our entire industry uses just 2/1001

h of 1% of annual water withdrawals in Canada.' This amounts to approximately 50 litres per person or to put this into context, yearly per capita water consumption in Canada equals one 3-minute shower using a standard shower head.

The beverage industry across Canada has made, and continues to make, substantial progress in reducing our consumption of water. It currently takes approximately 1.3 lit res of spring water for every litre produced, however through the introduction of new equipment and the adoption of new processes our industry hopes to achieve a ratio closer to neutral. 2 This is significantly lower than the water required for a cup of coffee (140 litres) or a cup of tea (35 litres). 3

Bottled Water containers are a highly recycled material: Beverage Containers from the beverage industry account for less than 0.5% of all waste produced in Canada. PET, the material used to create our industry's plastic water bottles is a highly recyclable material and is recycled at very high rates across the country in programs that are run and funded by the beverage sector.

In fact, PET beverage containers are the most recycled consumer product packaging in Canada with a national average recycling rate of over 70%.

Through new innovations and industry programs such as the industry funded (Canadian Beverage Container Recycling Association), 'Recycle Everywhere' initiative in Manitoba the Canadian beverage industry is working to improve its already successful environmental track record.

Banning Bottled Water will not decrease recycling costs:

All recycling programs have fixed costs, i.e. truck collection, plant operation, which will remain even with the removal of some material from the recycling stream. In addition, banning the sale of PET bottled water bottles will not reduce recycling costs as there are other PET materials in the market, such as ketchup bottles, plastic egg cartons etc.

Our industry's beverage containers are made of out of the two of the most valuable commodities found in the recycling stream, aluminum and PET. The sale of both these materials recovered from blue box recycling programs helps provide a stable source of funding for municipal and regional recycling programs across Ontario.

By banning the sale of bottled water, local communities will lose significant revenue from the sale of recycled bottles while still having to cover the fixed costs of their recycling programs.

1 Environment Canada Otto·l/www.ec gc ca /eau -waterldefau lt.asp 71arw~En&n-F2 5C7(}EC-1

1 Agric].llt_ure an_~ Agrl-Food Canada http://www4.agr.gc.cafAAFC-AAC/dJmlay-affk;ber do?ld=117164l)581795&1ano-ene l http://www.ifad.orgfengllsh/waterfkey htm

40

Report Number: 2012-24

ENGINEERING AND OPERATIONS DEPARTMENT ENGINEERING DIVISION

Date: July 23, 2012

SUBJECT: INFORMATION REPORT- KILLAL Y STREET WEST RECONSTRUCTION

1) PURPOSE:

This report is prepared by Jim Huppunen, Manager of Engineering Services under the direction of Ron Hanson, Director of Engineering and Operations. The purpose of the report is to inform Council of the progress of the design for the reconstruction of Killaly Street West from King Street to Oakwood Street.


The project lead is the Region of Niagara. The Region of Niagara's design consultant has also addressed the bus loading area at McKay Public School and the on-street parking along the Lion's Field.

As Council will recall, a request to the Region of Niagara was made to have the section of Killaly Street West from Oakwood Street to King Street reconstructed to an urban cross section. During budget deliberations in 2012, Council set aside funds for the replacement of the City's cast iron watermain and sections of sanitary sewer along this section to be completed during the Region's reconstruction project.

The Region of Niagara issued a Request for Proposal in early 2012 for the design of this road section, which was awarded to Associated Engineering. Currently a preliminary design has been completed for the roadway, incorporating 3.5m travel lanes and 1.5m bike lanes on both sides of the roadway. The design also includes new 1.5m wide sidewalks along both sides of the street. This design criterion is the standard cross-section for Regional Roads in urban areas. The standard cross-section requires that all current on street parking (boulevards) be removed with the exception of the areas discussed in this report.

The bus parking concerns on the boulevard at McKay Public School have been addressed through several meetings with the DSBN and the Principal at the school. The Region has agreed to fund and construct a bus loading zone on the south side of Killaly Street West directly abutting the school.

During discussions between City and Regional Staff, the concerns for the retention of on-street parking along the south side of the street in front of the Lion's Field became evident. The Region has prepared a preliminary concept which would incorporate parallel parking on the south side from Fielden Avenue to Elm Street. With this concept, the amount of parking would be increased by approximately 5 parking spots. The existing angle parking at Lion's Field will not work with the construction of curb & gutter and the addition of bicycle lanes on Killaly Street West. The formalized parallel parking will also allow for the establishment of several handicap-accessible stalls near the entrance to the Park. 41


During discussions on the design for Killaly Street West, the Region has indicated that the cost for the construction of the parallel parking area at the Lion's field and the cost to replace the sidewalks would be the responsibility of the City, as per Region Policy. The cost for the parallel parking area is estimated to be $32,000. The costs to replace the sidewalks on both sides of Killaly Street West and create new sidewalks where there currently are none are estimated at $88,000. The new sidewalks are proposed to be 1.5m in width which is part of the Region's urban cross section standard. The existing sidewalks are 1.2m in width. City Staff accept that there will be additional costs related to the City's requirements for parking and the policy regarding ownership of sidewalks on Regional roads. The sidewalk replacement and boulevard pavement will be subject to a 2013 Budget Allocation to Council.

The Lion's Field is located on City-owned property at the corner of Killaly Street West and Elm Street. The current configuration of the park does not allow for on-site parking. There is a hydro easement to the south of the park; however, agreements would have to be negotiated with CNP to allow the City to possibly construct an off-street parking lot. There is also a vacant parcel of land on the southeast corner of Killaly Street West and Elm Street that the City may consider purchasing to create additional off-street parking. Staff will pursue other options for possible off-street parking in this area.

Based on the schedule provided by the Region below, there will be a Public Consultation meeting in September of 2012. During this meeting, City Council and the residents will be able to view the proposed design and provide comments to the Region.

• Finalize preliminary design • Public consultation • Detailed design • Minor property acquisition • Utility relocations • Tender project • Construction

August 2012 September 2012

September /October 2012 October-December 2012

November 2012-May 2013 March 2013

May 2013- October 2013

At this time, it is Staff's suggestion that the parallel parking area and the proposed sidewalks be incorporated into the design that will be presented at the September Public Consultation meeting. The funding for these items and any other cost-sharing items will need to be discussed during the 2013 budget deliberations.


a) Do nothing.

If no action is taken at this time, the existing conditions on Killaly Street West would remain.

b) Other Options

Proceed with the current EA and design process with the Region of Niagara.

Engineering & Operations Department, Engineering Division, Report No.: 2012-24 Page 2 of 3 42


Not applicable.

6) ATTACHMENTS

None.

7) RECOMMENDATION

This report is presented for the information of Council and no further action is required at this time.

8) SIGNATURES

Prepared on July 12, 2012 by: Reviewed by:

(~~------~son, C.E.T. -ItH-'-Ill< ppunen, A.Sc.T. r of Engineering Services Director of Engineering & Operations

Re~an~~-=pectfully Submitted:

/O:Jt' --~ / Robert J. Heil

Chief A ministrative Officer

Engineering & Operations Department, Engineering Division, Report No.: 2012-24 Page 3 of 3 43

POR. T COLBORN£

Department: Planning and Development

Report Number: 2012-56 Agenda Date: July 23, 2012

SUBJECT: Recommendation Report: By-law to Require Pre-Consultation for Planning Applications

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose· of this report is to provide Council with a recommendation regarding a By-Jaw to require PreConsultation for all planning applications.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

On January 30, 2012 Council passed By-Jaw 5752/08/12 being a by-Jaw to adopt Official Plan Amendment No. 86 for Pre-consultation and complete application policies.

Pre-consultation Policies would apply to all planning applications including; Official Plan Amendments, Zoning By-law Amendments, Site Plan Control, Draft Plan of Subdivision and Draft Plan of Condominimum and would assist in determining what studies and fees are required to be submitted to Staff for a complete application. Pre-consultation will also provide an opportunity to discuss the nature of the application; development and planning issues; the need for additional information and/or reports to be submitted with the application and; the planning and approval process including the appropriateness of concurrent applications, where applicable, thereby ensuring the both the City and the potential applicant have all the relevant information and know what required documents and fees are required prior to submission.

OPA No. 86 was approved by Regional Council on May 24, 2012 and was officially finalized on June 20, 2012.

3) STAFF COMMENTS AND DISCUSSIONS:

OPA No. 86 provides both the municipality and the public a clearly defined process for inquiring or submitting a planning application to the City for consideration. Specifically, Section H. 1 0) of OPA No. 86 requires that Council pass a By-law making PreConsultation mandatory. By requiring pre-consultation the municipality is better able to make informed decisions in a timely fashion as the additional information (as required) needed to properly assess planning applications is provided up-front. Further, this provides the municipality with the ability to require specific studies that are relevant to the proposed development (e.g., a stormwater management plan to manage the quality and quantity of runoff resulting from the proposed development).

Pre-consultation further ensures that all parties (including outside Agencies such as the Niagara Peninsula Conservation Authority and Region) are on the same page in terms

45

or requirements (or future requirements e.g. a severance that may result in a rezoning if approved) when it comes to a development application and both Staff and the applicant will know exactly what is required, including studies, fees and required information within the application process.


a) Do nothing.

Not applicable.

b) Other Options

Not applicable

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES:

Not applicable.

6) ATTACHMENTS:

Appendix A: Draft By-law to require pre-consultation for all planning applications

Appendix B: Pre-Consultation Checklist

7) RECOMMENDATION:

1. The Council of the City of Port Colborne adopt the attached Draft By-law to require pre-consultation for all planning applications.

8) SIGNATURES:


C!{?i/t;d-}31) Lindsay Richardson Community/Policy Planner

Reviewed and Respectfully Submitted:

eil inistrative Officer

Reviewed and Approved By:

uilina Dinect1)r of Planning and Development

Department of Planning & Development, Report No.: 2012-56 Page 2 of 2

46

Appendix A


BY-LAW NO. XXX/XX/12

BEING A BY-LAW TO REQUIRE PRE-CONSULTATION FOR PLANNING APPLICATIONS

WHEREAS Council adopted By-law 5752/08/12 being a by-law to adopt Official Plan amendment No. 86 for Pre-Consultation and Complete Application Policies·,

NOW THEREFORE the Council of the Corporation of the City of Port Col borne pursuant to Section 17(22) of The Planning Act, R.S.O. 1990, enacts as follows:

1. That Pre-consultation be required prior to the submission of an application for all planning applications including: Official Plan Amendments, Zoning By-law Amendments, Site Plan Draft Plan of Subdivision, Draft Plan of Condominium or Consent unless the Director of Planning or their designate determines that preconsultation is not necessary based on the scale of development or the complexity of planning issues associated with the proposed application.

2. That Pre-consultation be considered a requirement for the submission of a complete application.

3. This By-law shall come into force and take effect on the date upon which it is finally passed.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JULY 2012.


Ashley Grigg, CLERK

47

Porz T COLBORNE

Introduction

Appendix B

Planning and Development Services Department Planning Division

Pre-Consultation Guide

The City of Port Colborne's By-law 5752-08-12 requires pre-consultation with City Planning Staff prior to submitting an application for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, Consents, Site Plan Approval and/or Consent to Sever/Boundary Adjustment.

This guide has been developed to provide assistance to the applicant during the preconsultation process and provides information on what constitutes a complete application. PreConsultation information and fee requirements are listed in Appendix 1.

Purpose of the Pre-consultation Process

The purpose of pre-consultation is to provide an opportunity for the applicant to review their development proposal with City Staff and other key agencies as applicable when the proposal is preliminary, which provides for early identification of issues, constraints, and opportunities. Preconsultation involves the applicant providing conceptual, descriptive and sometimes technical information on a development proposal to City Staff and key agencies if applicable to assist them in assessing the completeness of the application and the merits of a proposal.

Topics for discussion may include: land use policies and guidelines, zoning information, public consultation, engineering requirements, development review and application fees. The Preconsultation Process will provide the applicant with the following:

• Information on what applications are required to permit their development proposal • Information on what studies and documentation will be required in support of the

required applications • The application processing fees associated with the proposal • The estimated timeframe to process the application once a complete application is

received • Reasonable certainty as to whether the development proposal would be supported by

the Planning Staff (i.e. whether they would recommend approval or denial).

Note that staff has the ability to waive requirements for pre-consultation. Less complex applications may not require pre-consultation.

How to Proceed through the Pre-consultation Process

The applicant should begin the pre-consultation process at the earliest possible time. It is appropriate to contact the City to discuss the development proposal as soon as the specifics of the proposal are known to the applicant. The City has designed a two-step pre-consultation process to help promote the exchange of information and development considerations early in the planning process.

Last Revised: May 18, 2012

48

POP-T COLBOR-NE

Planning Review



The applicant should contact Planning Staff and adv·;se them of their desire to begin the preconsultation process. Staff will ask the applicant a number of questions about the proposal to determine the extent of pre-consultation that will be required. Planning staff will request that the applicant provide a completed Pre-consultation Request Form (Appendix 2) along with the required fees for preliminary review and information on their proposal in accordance w"ith preconsultation information requirements. Information and fee requirements are listed in Appendix 1.

Planning Staff will review the information provided by the applicant and circulate it to relevant City Staff and outside agencies for their review and comment. Generally, a 3-4 week comment period is given. It should be noted that the timeframe may be shorter or longer depending on the complexity of the application.

Pre-consultation Meeting

Based on the Planning Review, a pre-consultation meeting will be scheduled with the applicant, internal Staff and agencies. This meeting will be coordinated by Planning and will be dependent on individual schedules. The purpose of the pre-consultation meeting is to engage the necessary internal City Staff and agencies in communication with the applicant. City staff and agencies will be provided with the information submitted by the applicant along with an explanatory letter in advance of the pre-consultation meeting. In addition, agencies and City Staff will be asked to complete the Pre-consultation agreement which contains a checklist that is suitable for most applications with a narrow scope of issues. Larger more complex projects will contain the same checklist, but may also contain supplemental written response from the agencies.

At the conclusion of the pre-consultation process the applicant will have written comments and a formal Pre-Consultation Agreement that describes the requirements for a complete application. It is now up to the applicant to submit the development application in accordance with the agreement.

Last Revised: May 18, 2012 49

Po~ T COLBO~NE

4. Contact Information



To commence the pre-consultation process for an Official Plan Amendment, Zoning By-law amendment or Draft plan of Subdivision/Condominium contact:

Shannon Larocque, Planner Phone: (905)-835-2901 ex. 202 Email: [email protected]

To commence the pre-consultation process for a boundary adjustment/consent, contact:

Heather Mahon, Secretary Treasurer, Committee of Adjustment Phone (905)-835-2901 ex. 205 Email: [email protected]

Please note that applicant may contact Planning Staff informally before fulfilling the City's preconsultation requirements if they require further information or clarification, or if they are developing land for the first time.

5. What's Next?

Once pre-consultation is complete, the applicant can submit the appropriate applications and supporting information to permit their development proposal.


PORT COLilORNE Planning and Development Services Department

Planning Division Pre-Consultation Guide

APPENDIX 3: CONSULTATION AGREEMENT

Applicant:

Site Location:

Proposal:

D Official Plan Amendment D Plan of Subdivision D Site Plan

D Zoning By-law Amendment D Plan of Condominium D Consent

D Brownfield D Greenfield D Built Up Area

D Regional Policy Plan Amendment

Important: This form will be completed with Planning Services staff at a pre-consultation meeting and will form part a complete application. All repots, documents and drawings must be submitted in paper and digital (i.e. PDF or AutoCAD) form.


PORT COLBOR.NE

Submission Requirements

Drawings and Reports

1. Aerial Photograph(s)

2. Planning Justification Report

3. Draft Zoning Bylaw Amendment

4. Draft Official Plan Amendment

5. Survey Plan

6. Draft Plot of Concept Plan

7. Draft Plan of Subdivision and/or Draft Plan of Condominium

8. Reductions of Draft Plans

9. Heritaqe Impact Study

10. Archeological and Cultural Assessment

11. Market Impact Study

12. Air Quality/NoiseNibration Study

13. Aqriculturallmpact Assessment

14. Farm Operation and Ownership Analysis

15. Alternative Site Analysis for Non-Agricultural Uses

16.Minimum Distance Separation Formula I and II Analysis

17. Mineral Aggregate Resources Impact Study

18. Social Impact Assessment

Last Revised: May 18, 2012



Recjuir.ed . No. of I Notes .·

Yes/No ·Copies .

---

52

1 • .... .. PORT COLBORNE

Drawings and Reports .

19. Environmental Planning Study or Sub-Watershed Study

20. Environmental Planning Study or Sub-Watershed Study

21. Tree Inventory and Preservation Study/Arborist Report

22. Floodplain and Hazard Analysis

23. Geotechnical and Slope Stability Report

24. Environmental Site Assessment

Engineering Requirements . ·

25. Municipal Servicing Study

26. Storm Water Management Report/Plans

27. Transportation Study/Assessment or Traffic Impact Study

28. Hydrological Study and Private Servicing Plan

Additional Requirements

29. Map and Accompanying Tables Showing Densities and Designations

30. Area Design/Concept Plan

31. Financial Impact Assessment

32. Sun/Shadow Study



Required No. o{ · I Notes Yes/No Copies

.. .

Note: A description of the rationale for the required studies is included as Schedule 1 to this

form.


POR_ T COUlOR.NE Planning and Development Services Department


1. Conformity with Regional Official Plan land use designations?

If no, has an application been made to amend the Regional Official Plan?

If no, what is the nature of the amendment needed?

2. Conformity with the City's Official Plan land use designations?

If no, what is the nature of the amendment needed?

3. Conformity with the City's Zoning By-law?

If no, what is the proposed zoning?

D Yes D No

D Yes D No

D Yes D No

D Yes D No

4. Related File No.:--------------------------

5. Additional Agencies to be contacted:--------------------


POR. T COLBOR.NE Planning and Development Services Department


6. Additional Concerns/Issues: ----------------------

Is a site walk required as a second part of the pre-consultation meeting? D Yes D No

If yes, the site walk is scheduled for (date/time):----------------

Agencies Fees

Application City of Port Region of Niagara Peninsula Other Col borne Niagara Conservation

Authority Regional Policy Plan Amendment

Official Plan Amendment

Plan of Subdivision/Condominium Consent

Boundary Adjustment

Site Plan

Other

TOTAL


Po~ T COLBO~NE

Fee Notes:



a) Notwithstanding the fees noted above, all fees are payable based upon the rate in the fee schedule by-law in effect on the date the application is received.

b) Additional fees may be required at a later date based on the fee schedule by-law.

c) Separate cheques shall be made payable and submitted to each appropriate agency

Other important Notes:

d) The applicant should be aware that the information provided is accurate as of the date of the pre-consultation meeting. Should an application not be submitted in the near future, and should other policies, by-laws or procedures be approved by the Province, Municipality, Region or other agencies prior to the submission of a formal application, the applicant will be subject to any new policies, by-laws or procedures that are in effect at the time of the submission of a formal application. If an application is not submitted within 1 year, it is advisable that the applicant confirm with the municipality the directives of the original pre-consultation meeting.

e) The purpose of this agreement is to identify the information required to commence processing a complete application as set out in the Planning Act. Pre-consultation does not imply or suggest any decision whatsoever on the part of the City staff or the Corporation of the City of Port Colborne to either support or refuse the application.

f) This agreement expires 90 days from the date of signing or at the discretion of the Director of Planning.

g) In the event that this Pre-consultation Agreement expires prior to the application being accepted by the City, another agreement may be required.

h) An application submitted without the information identified in this Pre-consultation Agreement will not be considered a complete application. If a site walk is required, the application will not be considered complete until it has taken place.

i) All reports, documents and drawings must be submitted in paper and digital (i.e. PDF) form

j) The applicant acknowledges that the Municipality and Region considers the application forms and all supporting materials including studies and drawings, filed with any application to be public information and to form part of the public record. With the filing of an application, the applicant consents and hereby confirms that the consent of the authors of all supporting reports have been obtained to permit the Municipality and Region to release the application and any supporting materials either for its own use in processing the application, or at the request of a third party, without further notification to, or permission from, the applicant.


1

~ .. ~ ... Po~ T COLBO~NE



k) It is hereby understood that during the review of the application additional studies or information may be required as a result of the issues arising during the processing of the application or the review of the submitted studies.

I) If the Municipality or Region does not have sufficient expertise to review and determine that a study is acceptable, the municipality may require a peer review. The Terms of Reference for a peer review is determ'1ned by the Municipality or Region and paid for by the applicant.

m) Some studies may require NPCA review and clearance/approval. In this instance, the NPCA review fee shall be paid by the applicant.


PORT COLilOI~NE Planning and Development Services Department


APPENDIX 2: PRE-CONSULTATION REQUEST FORM

D Official Plan Amendment D Plan of Subdivision D Site Plan

D Zoning By-law Amendment D Plan of Condominium D Consent

1. Site address/legal description: 2. Approximate land area (m2

):

3. Existing zoning category: 4. Existing Official Plan designation: 5. Existing Regional Policy Plan designation: 6. Are there any encumbrances on the property? (e.g. easements) YES NO

If yes, please list: 7. Are there any significant environmental features on, or in close proximity to the site?

YES NO If yes, please check all that apply:

Provincially Significant Wetland Regulated Floodplain Locally Significant Wetland Regulated Shoreline Woodland Over 2 Hectares Watercourse, including Municipal Drains Other (please specify):

8. Summary of Proposal:-----------------------

Owner: Ph: Email:

Principal Contact: Ph: Email


POin COLBOR.NE

AUTHORIZATION



(Must be filled in if Applicant and/or Agent is not the registered Owner of the lands. Please provide names of all owners of the corporation or number company)

INVe

hereby authorize and direct------------------------

to make this application on the property known Municipally as ___________ _

for which I am/we are the registered owner(s)

Witness Signed

Date Corporate Seal required of a Company Owner

NAME OF AUTHORIZED AGENT

Address

Ph. No. Email: -------------


Pol" T COLBORNE Planning and Development Services Department


APPENDIX 1: PRE-CONSULTATION INFORMATION AND FEE REQUIREMENTS

The following are the information requirements that must be submitted with Official Plan Amendments, Zoning By-law Amendments, Combined Official Plan and Zoning By-law Amendments, Draft Plan of Subdivision/Condominium and Site Plan Control Applications:

Required Information . Numberof Copies

Preliminary Site Plan showing the following: • Location, size, existing and proposed use of land • Location of existing and proposed buildings and structures • Location of any significant features on the site or adjacent to the

site (i.e. wetlands, hazard lands, watercourses, drainage ditches, woodlands, wells, septic tanks etc)

• Location of proposed buildings and structures on lands without 6 environmental constraints

• Existing and proposed lot fabric (as appropriate) on lands without environmental constraints

• Proposed development concept, including setbacks from lot lines and significant features

Written description of the development proposal 6

Pre-Consultation Request Form 6

For Applications for Consents and Boundary Adjustments, the following information is required:

Required Information Number of Copies

Preliminary Plan showing the following: • Location, size and use of land 6 • Existinq and proposed lot fabric

Pre-Consultation Request Form 6

'*ALL SUBMISSIONS MUST ALSO INCLUDE ONE (1) DIGITAL COPY OF ALL OF THE REQUIRED MATERIAL."


PORT COLBORNE Department: Planning and Development

Report Number: 2012-58 Agenda Date: July 23, 2012

SUBJECT: Community Improvement Plans - Planning and Building Fees Grant Programs

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose of this report is to provide Council with a recommendation regarding changes to the Planning Fee By-law (5718/149/11) and the Building By-law (5817/72/12) to incorporate the Planning and Building Fee incentive programs for properties within designated Community Improvement Plan project areas.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

The City currently has five (5) Community Improvement Plans that have been adopted by Council. The Plans include:

• Olde Humberstone Main Street Area Community Improvement Plan (Main Street CIP), adopted December 15, 2008;

• City of Port Colborne Brownfield Community Improvement Plan (Brownfield CIP), adopted September 13, 201 0;

• Downtown Central Business District Community Improvement Plan (Downtown CBD CJP), adopted September 13, 201 0;

• Port Colborne East Waterfront Community Improvement Plan (East Village CIP), adopted March 1ih, 2012; and

• City of Port Colborne Industrial Community Improvement Plan (Industrial CIP), adopted June 25, 2012.

Four (4) of these Plans; the Main Street CIP, Brownfield CIP, Downtown CBD CJP and East Village CJP have an incentive component that waives a portion or the entire fee on planning and development applications, and building permit fees. The following are considered eligible for this program:

a) Official Plan Amendment; b) Zoning By-law Amendment; c) Minor Variance; d) Consent; e) Site Plan Control and/or Development Agreement; f) Plan of Subdivision/Condominium; g) Parkland Dedication Fee; h) Sign Permit; i) Sidewalk Cafe Permit/Encroachment Agreement; j) Demolition Permit Fee; and

61

k) Building Permit and Application Fee.

Other permits issued by the City that are not listed above, but which advance the purpose of this program, may be considered. This program does not apply to security deposits or cash-in-lieu payments.

3) STAFF COMMENTS AND DISCUSSIONS:

The Planning Act gives the Municipality the ability, through CIP programs, to waive or reduce an application fee at the time of submission or to offer rebates and grants.

Staff have reviewed the requirements of the various Community Improvement Plans and have summarized the different incentives offered:

Plan Fee(s) Waived (Y/N) % of Fee Waived <~ ····. . . •.· . . ~ . . .. .· ·.··. .··.: ~.. . ..

.

Main Street CIP Yes, Planning and Building 50% Brownfield CIP Yes, Building Permit Only 100% Downtown CBD CIP Yes, Planning and Building 50% East Village CIP Yes, Planning and Building 100% Industrial CIP No n/a

Staff have written several reports in the past and have made amendments to the Planning Fee By-law to recognize the reduction in Planning Fees collected for various applications however, these previous changes do not recognize the recently adopted East Village CIP. Additionally, the Building Division recently adopted a Fee Schedule for Building applications ("Building By-law") which needs to be updated to include a provision relating to properties within the various Community Improvement Plan project areas. Staff is aware that there are differences in the percentage of waived fees for some of the CIP's and are therefore suggesting that a standard 50% up-front waiving of all Planning and Building Permit fees be approved for the Main Street CIP, the Downtown CBD CIP and the East Village CIP and that a standard 50% up-front waiving of all Building Permit fees be approved for the Brownfield CIP and the two fee by-laws be amended accordingly.

Staff are of the opinion that the various CIP programs that are in place should have similar incentive program financing options available and are therefore recommending that the Planning and Building Fee Grant Program for the East Village CIP and the Brownfield Building Fee Grant be changed from a 1 PO% rebate to 50%. Charging 50% will ensure that some staff time and applicable legal fees are recovered and applicants are committed to the project prior to making application while still providing an incentive for development in the various CIP areas. By reducing the fees up front, Treasury and Planning and Building Staff time will be saved by avoiding the processing of rebates.


62


a) Do nothing.

Doing nothing will mean that the Planning and Building Fee Grant Program in the East Village CIP and the Building Fee Grant in the Brownfield CIP will continue to be implemented as a 100% rebate program.

b) Other Options

Although not recommended, Council can chose to waive a greater or lesser percentage of the Planning and Development Fees on applications in the various CIP areas.

5) COMPLIANCE WITH STRATEGIC PLAN INITATIVES:

The Downtown CBD CIP was made a priority during Council's 2009-2010 Strategic Planning Session.

6) ATTACHMENTS:

Appendix A: Draft By-law- amendment to the Planning Fee By-law 5718/149/11

Appendix B: Draft By-law- amendment to the Building By-law 5817/72/12

7) RECOMMENDATION:

1. That Council authorize the waiving of 50% of the planning and building permit application fees as established in By-laws 5718/149/11 (Planning Fees) and 5817/72/12 (Building By-law) for properties within the Main Street CIP project area, the Downtown Central Business District CIP project area, and the East Village CIP project area, as amended.

2. That Council authorize the waiving of 50% of the building permit application fees as established in By-law 5817/72/12 (Building By-law) for all properties designated under the Brownfield Community Improvement Plan.


63

8) SIGNATURES:


Lindsay Richardson Community/Policy Planner

Reviewed and Approved By:

uilina Director of Planning and Development

Reviewed By:

Lyle Merritt Chief Building Official

Reviewed and Respectfully Submitted:

Chief aministrative Officer

Department of Planning & Development, Report No.: 2012-58 .Page 4 of 4

64

Appendix A



BEING A BY-LAW TO AMEND BY·LAW 5718/149/11 BEING A BY-LAW TO ESTABLISH FEES FOR VARIOUS PLANNING AND DEVELOPMENT SERVICES/APPLICATIONS

WHEREAS Section 69 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended provides that Council may by-law prescribe fees to meet anticipated costs to the Municipality with respect to processing planning related applications;

WHEREAS Council approved By-law 5718/149/11 being a by-law to establish fees for various Planning and Development Services/Applications;

AND WHEREAS the Council of the Corporation of the City of Port Colborne is desirous to amend By-law 5718/149/11 to include incentive provisions for various Community Improvement Plan project areas within the City;

NOW THEREFORE the Council of the Corporation of the City of Port Colborne enacts as follows:

1. That an additional section be added to the "notes" section of Appendix A of By-law 5718/149/11, Planning Application Fees that reads:

"A 50% reduction in the fees payable will be applicable to all properties that are located within the project area boundaries of the Olde Humberstone Main Street Community Improvement Plan, the Downtown Central Business District Community Improvement Plan and East Waterfront Community Improvement Plan"


READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JULY2012.


Ashley Grigg, CLERK

65

Appendix B



BEING A BY-LAW TO AMEND BY-LAW 5817/72/12 BEING A BY-LAW RESPECTING PERMITS FOR CONSTRUCTION, DEMOLITION, OCCUPANCY AND CHANGE OF USE,

TRANSFER OF PERMITS, AND INSPECTIONS

WHEREAS Section 7 of Building Code Act 1992, S.O. 1992, Chapter 23, as amended (the "Act") empowers Municipal Council's to pass by-laws respecting matters relating to permits for construction, demolition, occupancy and change of use, transfer of permits, inspections, fees for permits and other matters pertaining thereto.

AND WHEREAS Council approved By-law 5817/72/12 being a by-law respecting permits for construction, demolition, occupancy and change of use, transfer of permits and inspections;

AND WHEREAS the Council of the Corporation of the City of Port Col borne is desirous to amend By-law 5817/72/12 to include incentive provisions for various Community Improvement Plan project areas within the City;

NOW THEREFORE the Council of the Corporation of the City of Port Col borne enacts as follows:

1. That an additional section be added to the "notes" section of Appendix A of by-law 5817/72/12, the Building By-law that reads:

"16. A 50% reduction in the fees payable will be applicable to all properties that are located within the project area boundaries of the Olde Humberstone Main Street Community Improvement Plan, the Downtown Central Business District Community Improvement Plan, Brownfield Community Improvement Plan and East Waterfront Community Improvement Plan"


READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JULY 2012.


Ashley Grigg, CLERK

66

I

~-~ Department: Planning and Development

PORT COLBORNE


SUBJECT: Proposed Swimming Pool By-Law Amendment

1) PURPOSE:

To seek Council's approval to amend the current by-law to regulate privately owned swimming pools.


Council approved Swimming Pool By-law 4843/68/06 on May 23, 2006.


Upon recent review by staff, it was noted that the current Pool By-law permits in-ground pools to be located in an exterior side yard, which is prohibited in the Zoning By-law. Therefore staff are proposing to amend the Pool By-law for consistency with the Zoning By-law.

In addition, Council adopted Building Fee By-law 5817/72/12 on June 11, 2012, which includes fees for pools and therefore it is suggested that the fee section of the Pool Bylaw be removed due to inconsistency.


a) Do nothing

Not an option. The Pool By-Law is not consistent with the Zoning By-Law or Building Fee By-Law.

b) Other Options

This section is not applicable.



6) ATTACHMENTS


7) RECOMMENDATION

That the Council of the City of Port Col borne approves the proposed amendment to By-law 4843/68/06 being a by-law to regulate privately owned swimming pools,

67

as follows:

1. That Section 4.1.1 (ii) to Bylaw 4836/68/06 as amended, be amended by deleting the following:

"An in-ground pool may be located in an exterior side yard."

2. That Section 5.1.1 to Bylaw 4843/68/06 as amended, be amended by deleting the following:


and replacing it with the following

"in accordance with By-Law 5817/72/12. "

3. That SCHEDULE "A" FEES to Bylaw 4843/68/06 as amended, be deleted.

8) SIGNATURES

Prepared on July 11, 2012 by: d Approved by:

q/::> Brandon Young Municipal Law Enforcement Officer Director of Planning & Development

Review d and Respectfully Submitted:

Robert J Heil Chief A ministrative Officer

Planning & Development Report No.:2012·60 Page 2 of 2

68

I

~•~ Department: Planning and Development

POR. T COLBOR.NE


SUBJECT: Beer Store Mobile Trailer- Lease of 105 Main Street West

1) PURPOSE:

To seek Council's approval to enter into a lease agreement with the Beer Store for the placement of a temporary trailer at 105 Main Street West.


The Beer Store inquired as to the possibility of leasing City property for the temporary placement of a mobile beer store trailer along Main Street West. The trailer would measure 54' long and 12' wide (see Appendix AZ for photo of trailer). With the stairs to the trailer it would measure 21' wide. The trailer is being requested for 1 month, starting on August 7, 2012.

The Beer Store states that they would use their own "reduce noise built in generator or plug into power, but would need 100 amps of power (we have 300 feet of cable). For washrooms - we can rent portable toilets."


The parking lot at 1 05 Main Street West is zoned Central Commercial which does permit retail sales and is in compliance with the Zoning By-law. The Humberstone Hall parking lot is not properly zoned and the Joey's lot is too small. The trailer is proposed to be located along the westerly side of the parking lot (see Appendix B).

The parking lot has a total of 43 parking spaces. The trailer would occupy 6 spaces. Although this parking lot is at times well occupied, given the temporary lease and adjacent parking lot at Humberstone Hall with 29 spaces, staff feels that parking can be accommodated even with the loss of 6 spaces.

The City has been in contact with CNP regarding an outlet for service. CNP states that there is a "50kva pad-mount transformer number 7972 on Main St. In front of the parking lot at Church St. The customer (Beer Store) can have a 100a u/g service off of this transformer. A service spot will have to be called in for a planner to spot the service once trailer is placed on site. The customer will be responsible for all civil costs and regular electrical costs for a U/G service. Also an outage will be required to pull a new service into the pad-mount transformer."

If service is not provided by CNP, the Beer Store would use a low noise generator. If not provided now, similar to Market Square, Council may want to consider such service during 2013 budget deliberations in collaboration with the Gateway BIA.

Although the City does not presently lease any vacant commercial space for

69

comparable purposes, the Director has negotiated a 1 month lease for $2,000. The Beer Store would provide $5,000,000 in liability insurance and would be responsible for any damage to the parking lot if it were to occur. A formal lease agreement will be prepared and executed prior to their August 7, 2012 opening.

Given the late request, the Gateway BIA has not been contacted to provide any formal comment but will be made aware of the report for Council's consideration.


a) Do nothing

Although not recommended, Council can choose to do so.

b) Other Options

N/A


N/A - - ---

6) ATTACHMENTS

Appendix A- Photo of Beer Store mobile trailer. Appendix B- 2010 illustration of parking lot.

7) RECOMMENDATION

That Council enters into a 1 month lease agreement with the Beer Store for the temporary placement of a mobile trailer at 105 Main Street West.


SIGNATURES

17, 2012 by:

i a , MCIP, RPP, CPT llr<>t'tnr of Planning & Development


70

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I M.. Department: Planning & Development

POR.T COLBORNE

Report Number 2012-52 Date: July 23, 2012

SUBJECT: Parking Control Devices

1) PURPOSE:

To provide background information regarding the parking control devices and to seek Council's approval regarding parking control in the Downtown BIA.

2) HISTORY, BACKGROUND

On January 30, 2012, during budget deliberations, Council directed the followed:

"That Item #5 - 'Review for approval of the Parking Pay and Display' on the January 30, 2012 Budget Agenda, be deferred until the Spring of 2012 and further discussions have taken place between City staff and the BIA."

Staff met with the BIA on three separate occasions to discuss Pay and Display machines and their benefits. It was made clear by the BIA that they did not approve of Pay and Display machines to be used.

Over the years, City Staff has written several reports to Council specifically regarding parking control in the Downtown BIA: Report Numbers 93-33, 95-41, 95-72, 2000-24, 2002-43, 2005-9, 2007-3, 2007-17, 2007-30, 2007-51, 2007-52 and 2007-54.

The issue regarding the elimination of metered parking in the Downtown was raised in January of 2007 by former Councillor Barrick. Councillor Barrick requested the following:

"Councillor Barrick Re Eliminating Downtown Metered Parking

Moved by Councillor D. Barrick Seconded by Councillor W. Steele

That the Director of Operational, Planning & Development Services prepare a report for the next meeting of Council with respect to eliminating parking meters in favour of 2 hour parking restrictions in the downtown area. CARRIED."

Upon follow-up, Council directed staff to conduct a 60 day trial period of 2 hour free parking on King Street from Park Street to Charlotte Street. In general, there appeared

Planning & Development Report 2012-52 Page 1 of 11 73

to be a gradual reduction in turnover of vehicles in the trial area during the progression of the trial period.

In March of 2007, under Council direction, the City held an Open House to discuss parking meters and options for parking control. In September of 2007, Council approved Report No. 2007-51 and determined that the City would continue with metered and pay per use enforcement. This was a recorded vote.

In 2008 under Council approval, the City purchased its first Pay & Display machine for the angled parking on West Street between Clarence and Charlotte and then in 2009, purchased another machine for the angle parking on Catharine Street between Clarence and Charlotte.

On June 11, 2012, the BIA presented Council with three recommendations (Appendix B):

i) ii) iii)

Two Hour Free Parking for a one year trial period Fifteen minute parking limit at each end and side of the block Review of free parking lots and additional free parking lots

On June 11, 2012, Mickey Mayne presented Council with a review and analysis of each BIA recommendation and a financial review of Planning & Development's budget report on Pay and Display machines (Appendix C).

On June 15, 2012, staff received a 15 page letter from the BIA as a follow up to their June 11, 2012 Council presentation (Appendix D).


Monies collected from parking meters and parking fines pay for Parking Enforcement, not only in the BIA, but throughout the City. In 2011, the City collected $21 ,430.13 in meter revenue and $8,750.50 in parking fines. The City is presently under a two year contract with a private company to provide parking enforcement for $21 ,840 per annum. We are not certain that the contract can be changed for 2012; however, it will be discussed with the contractor.

Elimination of parking meter revenue will create a deficit in the 2012 budget. The options below provide Council with staff's review of the Downtown BIA's recommendations as presented at the June 11, 2012 Council meeting, Mickey Mane's June 11 , 2012 presentation and summarizes other options for Council to consider.


a) Do Nothing

Keep the status quo "as is". We currently have used our last parking meter and have a need to replace 7- 10 parking meters. There is a request from the Downtown BIA in response to Council's direction for input during the 2012 budget deliberations.


Do nothing option means that Council would keep Parking Meters for the Downtown BIA (this was presented and proposed by Mickey Mayne) with the replacement of mechanical meters to electronic head meters

In 2007 the BIA had requested that the parking meters be removed. However, Council in the past reviewed the facts, and figures and determined that to fully serve their purpose, parking regulations should be strictly enforced. Since great competition exists for the available curb spaces, time limits require enforcement to provide for the accommodation of the greatest number of parkers and orderly traffic flow. Paid parking such as parking meters provide an accurate time check on parking and simplify detection of overtime parking and discourage ali-day parking.

In response to Mickey Mayne's letter, staff (although still supporting the upgrade to pay and display to be used throughout the BIA} is in agreement that historically the meters serve an important purpose for short term parking and turnover rate. Staff is also in agreement to her bullet points made under "Recommendation 1" and "Recommendation 2". Staff will review additional parking as mentioned above under her comment for "Recommendation 3".

It is staff's opinion that parking meters and paid parking (presently at 25 cents per hour) does not deter shopping and businesses. Commerce is driven by products that are available for purchase and services provided.

Mechanical meters, requiring replacement:

• 23 Single mechanical meters = 23 stalls • 28 Double mechanical meters = 56 stalls • 15 Double digital and mechanical meters = 15 stalls

Therefore, we have a total of 94 mechanical meters that require replacement

b) Other Options

Option 1 - Council approve Pay & Display Machines throughout the Downtown BIA as presented by the By-law Enforcement Division during 2012 budget deliberations.

The cost for one Pay & Display machine is approximately $10,000.00 and the revenue for one Pay & Display machine is $ 4,000.00 per year depending on the location of the machine. Therefore, it will take approximately 2 % years to recover the purchasing costs of one machine. However, the repairs and collection costs will be reduced. If advertising is ever to be sold, the cost recovery could be less than 2 years. And if the fee to park is increased to $0.50 per hour, the recovery period will be lessened once again.

The cost to purchase 12 Pay & Display machines is approximately $120,000.00. As of the end of 2011 we have $15,500.00 in reserve and had requested $9,000.00 in the


2012 Budget. Therefore, we will need $95,500.00. There are 2 options to fund the money needed to resolve this issue: debenture or allocate $95,500.00 for capital expenditures. It is in the best interest of the City to debenture and recover these costs in 2 Yz years.

The cost to replace 94 mechanical meters to digital is $39, 223.00 to $67, 912.00 plus, freight, taxes and installation. The cost to purchase single meter $564.00 a double meter is $830.00 and the electronic mechanism is $275.00. Some housings may still be useable, but most will need to be replaced as the electronic timing mechanisms do not fit in the old style housing.

The Royal Canadian Mint will be circulating a new multi-plated steel core $1.00 and $2.00 coin in early 2012. These coins will affect, to some degree, most coin-operated equipment. Presently, the two Pay & Display machines are the only parking machines that will be affected, as our parking meters do not accept this common coin. However, if we raise our rates, we will still have a number of electronic meters that will require an upgrade. The cost to upgrade is $9.95 per meter. Presently there are 45 digital meters that would require the upgrade if we upgraded, which is a cost of $447.75 plus applicable taxes.

Part of the monies currently in reserve may be used to purchase and install signage that would be required to notify customers to "pay at machine" and any coin upgrade requirements.

Parking Meter and Pay & Display machine information:

The Parking Meter rates have not been increased in over 30 years. The last rate increase was in 1981. A previous request to increase rates was made, however, was not approved by Council. Information reports were provided to Council advising them of the parking rates and the rates of others in the Region. Further, the municipal parking lots are free in Port Colborne, but all other municipalities utilize and implement Pay & Display machines and charge to park in their lots.

Rates around the region are a minimum of $1/hr, where Port Colborne is 25¢/hr. With the costs of inflation, the rates for parking should be raised to a minimum of 50¢/hr, if not $1/hr and the parking meters should only take quarters (loonies and twoonies for convenience).

In the last report to Council in 2007, Council approved keeping the parking control devices and approved that staff purchase Pay & Display machines. Staff advised Council that the old mechanical parking meters are no longer made and we can no longer buy parts for these meters, we have been slowly changing over to digital parking meters.

Changing over to one Pay & Display unit for the street instead of 10 parking meters will reduce collection times, further; sidewalk construction maintenance will be reduced as reinstatement of 10 parking meter posts will no longer be required or meters bagged for


Free Metered Parking in December. The streets will have a cleaner look and snow removal on the sidewalks will be easier if it is only one Pay & Display machine.

As reported to Council in 2007, the City had a total of 593 parking spaces within the downtown core:

o 160 metered o 167 timed

• 214 off street free lots o 52 on-street free parking (Princess, King and Elgin)

Staff has reviewed the number of parking meters and areas and suggests the following:

o Implement Pay & Display Machines over the next year in the following locations:

o King St w/s Clarence/Charlotte- 8 Stalls o King St. e/s Clarence /Charlotte - 8 Stalls o Clarence St n/s King /Catharine - 9 Stalls o Clarence St. s/s King /Catharine - 11 Stalls o Clarence St n/s Catharine/Elm - 1 0 Stalls o Clarence St s/s Catharine /Elm -14 Stalls o Charlotte St n/s King/West- 7 Stalls o Charlotte St s/'s King/West- 7 Stalls o Clarence St s/s King/West -9 Stalls o Clarence St s/s Elm/Tracks- 7 Stalls o King St w/s Charlotte/Kent- 12 Stalls

Once a customer pays at one Pay & Display Machine, they would then be able to utilize that pay stub with unexpired time and park within other metered areas of the downtown core without having to purchase more time, as they would with a parking meter. This would allow people to pay once for 2 hours, then shop and park at different locations throughout the core.

Staff has had several problems with the current Pay & Display Company and even though monies were approved to purchase a Pay & Display machine in 2010, one was not purchased due to HST and printing problems. These problems were finally sorted out in January. However, the customer service received by the present company is not satisfactory to the By-law Enforcement Division or with the City Treasurer. Therefore, the By-law Enforcement Division has obtained pricing from another Pay & Display machine company and had a meeting with them on Thursday March 10, 2011. The machines would each cost between $9,000-$12,000.

Although not the purpose of this report, Council may want to consider in the future, a change from "time limit restrictions" to "Pay & Display" over the next 3 - 7 years, depending on the outcome of the Downtown CIP (meters were removed in 1993 due to


extensive vandalism):

o West St- e/s Clarence to Park- 13 Stalls o West St- e/s Charlotte to Kent - 12 Stalls o West St- w/s Charlotte to Kent - 9 Stalls o West St- e/s Kent to Victoria- 16 Stalls o West ST- w/s Kent to Victoria- 12 Stalls

Although not the purpose of this report, Council may want to consider in the future a change from "no limitations" to "Pay & Display" over the next 3 to 7 years in the following parking lots:

o Main Street Parking Lot- 1, 2 & 3 (new parking lots) o Market Square Parking Lot- 71 stalls o 59 Charlotte St Parking Lot- 12 stalls o King St CNR Lands Lot - 89 stalls. This lot however could remain free,

and anyone wanting to park all day for free can use this lot, allowing the Market Square Parking Lot for revenue and turnover.

To summarize, there would be 66 mechanical meters and 31 digital meters removed. The digital meters would replace the mechanical meters in areas without Pay & Display machines. There would no longer be any mechanical parking meters and there would be 3 digital meters in inventory.

Option 2 - Enforce parking on a 2 hour time restriction basis in the Downtown BIA and 15 minute parking at the end of streets/blocks for a 1 year trial basis as recommended and proposed by the Downtown BIA.

In response to the BIA's 3 recommendations, the following information is provided:

i) To enforce all parking on a 2 hour time restriction basis in the BIA is a time consuming process. The Parking Officer would need to first perform a tire valve system check and record the time it was done. This process requires the Officer to locate the tire valves and record their position based on an hourly hand clock (i.e. front right tire valve at 2:00 p.m.). The Officer would then have to return 2 hours later and complete the same check to ensure the vehicle has not moved. At present, the Officer quickly can determine if the vehicle is parked over the permitted time frame. The Parking Officer is only part time at 24 hours per week and is responsible for all areas of the City. The loss of revenue from "free parking" will result in an underfunded service and create a deficit in the 2012 budget (estimated at $10,000 based on yearto-date collections compared to previous years' revenue). Additional monies would be required for signage and posts. Further, time limit parking does not create the desired turnover that a parking meter or paid parking would and


does not enable prime parking to be used to its fullest extent if a vehicle is parked for a long period of time.

ii) The businesses at the end of the street might not warrant 15 minute parking but 2 hour parking. Time limit depends on the need of the business as well as the flow of traffic and parking. To enforce all parking on a 15 minute restriction basis at the end of each block in the BIA is a time consuming process. The Parking Officer would need to first perform a tire valve system check and record the time it was done. The Officer would then have to return 15 minutes later and complete the same check to ensure the vehicle has not moved. At present, the Officer quickly can determine if the vehicle is parked over the permitted time frame. The Parking Officer is only part time at 24 hours per week and is responsible for all areas of the City. The loss of revenue from "free parking" will result in an underfunded service and a deficit in the 2012 budget. Additional monies would be required for signage and posts. The ends of most streets have a handicapped parking space or loading zone.

iii) Staff can perform a review of free parking lots and take a look at areas for additional parking lots subject to Council budget approval. However at present, the Market square is full with all day parking with area business owners and their staff using this lot all day. The Market Square parking lot should be utilized by the shopper only and the business owners and staff should use the free CNR Lands Lot located on the west side of King Street at Park. This would ensure that prime parking is available for customers if the meters are to remain.

What to do with existing meters? What will be the measure of the success/failure of the removal of the meters?

It may be postulated at the end of the trial year that the "no parking fees" is a success. But, there needs to be some sort of empirical evidence of the success of the trial. The free parking test being a success might also mean significant increases or escalated cost to the taxpayers for enforcement. Staff will suggest that all issues related to timed parking and enforcement be recorded for evaluation at the end of the year?

Staff strongly suggests that the meter heads be removed under any and all circumstances to at least retain them in working condition for resale or otherwise. After a year of non-use and potential abuse, they could be considered worthless. The City may be able to utilise some of the meter posts to mount no parking posts and signs to reduce costs. Their locations would have to be surveyed. Staff will need to bring forward a second report with extensive bylaw amendments for the downtown streets, depending on the selected option.

It may be possible to try to tie the potential costs for changes to signage and parking to the Downtown CIP decision by Council in 2013. This has not been fully investigated at this time. These issues really suggest that this initiative should be deferred to the 2013 budget deliberations and the CIP considerations.


Option 3 - Remove all parking meters and Pay & Display Machines permanently throughout the Downtown BIA and implement 2 hour free parking with enforcement done on a complaint basis only and that any future request for parking control will be done only through Pay & Display Machines.

This option is similar to Option 2 but presents the notion that should the test of one year free parking not be successful, that pay and display machines be installed and not individual parking spot meters.

The Downtown BIA's position is that free parking on a 2 hour time restriction basis will result in improvements to their businesses. Staff resources will make it difficult to continually monitor the Downtown BIA for 2 hour free parking and therefore, enforcement would be only done on a complaint basis. The BIA and owners will need to ensure their tenants and/or staff understands the negative effects of occupying a space for an extending period of time. It would be hopeful that owners/tenants/staff park in the free municipal lot located on the west side of King Street to free up spaces for customers. As Parking Enforcement is only on contract for 24 hours per week, there will be instances where no enforcement will be done.

With the loss of revenue from parking meters, there will be an underfunded service and deficit in the 2012 budget. There will also be a cost to remove parking meters and put up proper signage. To cover this shortfall, the BIA is recommended to pay for the loss in revenue for 2012 and for the removal of the parking meters and signage installation. The costs to remove parking meters and install sign age are approximately $10,000 to $15,000. The BIA is recommended to cover $10,000. Parking meters would be cut off at grade, flattened with future reinstatement of the concrete would occur during the construction of the Downtown CIP streetscape. Council, in the future would require a 0.2% increase in the levy to cover the loss of revenue during the 2013 budget process.

SUMMARY DISCUSSION AND CONCLUSIONS:

The matter of parking charges has been an issue for City Council for years. It continues to surface every few years depending on the Council in place or the business climate as represented by the commercial owners/operators. City Staff have debated this matter at great lengths to try to recommend a solution that everyone can live with and that works.

The majority of the BIA members as represented by the attached submission believe that the parking fee is a deterrent to shopping in downtown Port Colborne and want to try one year free parking. On two separate occasions in the past, free parking has been tested but the conclusions have been to continue charging as free parking gets abused by store owners or commercial employees or tenants. They park all day which is a true deterrent for shoppers and persons doing business. Then, the problem shifts to the City to try to measure and charge violators. Two hour parking limits with enforcement by the City is recommended for a one year trial period by the BIA. This creates a deficit; for


2012 to start now and means $10,000 reduction from budgeted revenue. There is a cost for signage for two hour parking and as noted, enforcement costs may increase.

Staff has been part of previous year's tests and agrees based on past tests here in Port Colborne that parking meters keep the downtown parking spots open for local shopping. Council's previous reports have supported this position. Staff continues to recommend metered parking for two reasons: 1) revenue stream to pay for parking enforcement, and 2) move traffic in the business core. Staff has also, in the past, recommended increase in parking charges and has sought approval from Council to go to pay and display for the reasons noted in this report and in previous discussions during budget deliberations.

Bagging meters for the month of December alone is problematic; they get torn, are removed or abused and are unsightly. The meters also can suffer damage. In staff's view, bagging for a whole year will be December times twelve and there is the cost to maintain the bags. The best answer would be to remove the meters (which is recommended by staff), but as described, that too is with added cost which has not been budgeted. Bag costs can be offset by financial support by businesses that might want to advertise on the bags advising free parking, perhaps a business per month advertising or something along that line for marketing. This has not been investigated.

Staff still believes that pay and display with a reasonable increase in hourly rate will pay for the machines and provide a continuation of the revenue to pay for the parking enforcement. The benefit primarily focuses on moving the traffic to ensure valuable parking for customers. Otherwise, Council will have to levy additional funds in 2013 to cover any deficits created as well as reduced revenue.

Council's choices reflect added cost unless it decides to do nothing and continue with status quo. In every other choice, there will be added cost and or reduction in revenue that is not reflected within the City's 2012 budget. Staff suggests deferring any decision on this until the new budget year. At that time, Council may want to consider the least costly (trial of no parking with bagging meters); however, Council will need to add at least $20,000 to the levy to offset the loss in meter revenue. The fine revenue of approximately $9,000 will also be reduced (estimated at 60 or 70%) since the majority of revenue comes from parking meter violations. (Staff believe that the meters will seriously deteriorate over the course of the year if they are not maintained and should then be removed at the beginning of the trial period.) Therefore the estimated loss in revenue could be upwards of $25,400 or $26,300. The City can attempt to cut back on the enforcement contract however, as noted, it is anticipated that there may be a greater demand for enforcement to measure valve stems for time violations. Therefore, City staff would not recommend a corresponding reduction in the estimated cost for parking enforcement.

To summarize, Council has the following options:

Do nothing:

Council approve keeping Parking Meters for the Downtown with the replacement of


mechanical meters to electronic head meters and continue to charge for parking. This option continues with parking fees and is not supported by the BIA (recommended by Mickey Main).

Other Options

Option 1 - Council approve Pay & Display Machines throughout the Downtown BIA as presented by the By-law Enforcement Division during 2012 budget deliberations. This option is opposed by the Downtown BIA.

Option 2- Enforce parking on a 2 hour time restriction basis in the Downtown BIA and 15 minute parking at the end of streets/blocks for a 1 year trial basis as recommended and proposed by the Downtown BIA or some variation of time limited parking. Leave the meters intact and while meter removal would be recommended, bagging is an alternative. Should Council approve the option of maintaining meters downtown but providing a one year test of free parking, there will be a cost for signage. It would have to be monitored for meter damage and bagging kept up. However, staff believe that leaving the meters bagged will reduce their utility to almost nothing without regular use and will recommend their removal if for no reason, safe storage and protection. This option will have added cost since signage would have to be more specific and directed. It is anticipated that enforcement costs would increase as noted above for valve checking. The BIA supports this option; however, there has been no mention of BIA contribution to the added cost and loss of City Revenue.

Option 3 - Remove all parking meters and Pay & Display Machines permanently throughout the Downtown BIA and implement 2 hour free parking with enforcement done on a complaint basis only and that any future request for parking control will be done only through Pay & Display Machines. This option makes it clear that if parking fees were to be charged, pay and display machines would be the tool to do so. While not yet presented by the BIA to Council, staff understands that at a recent meeting of the BIA or a committee thereof, this option is opposed by the BIA.

5} COMPIANCE WITH STRATETIGIC PLAN INITIATIVES

N/A

6) ATTACHMENTS

Appendix A- Map of the Parking Control Devices located in the BIA. Appendix B- BIA June 12, 2012 presentation to Council. Appendix C- Mickey Maybe presentation to Council. Appendix D- Bob Porter, June 15, 2012 material.

7) RECOMMENDATION

1. That this matter be deferred to the 2013 fiscal year and that there be no changes to the current status unless the BIA is prepared to pick up the cost of signage and bagging meters (unknown cost at this time, staff


strongly recommend removal of the meter heads rather than bagging) plus the loss of revenue estimated to be at least $10,000 for the balance of 2012 plus 65% loss of revenue for fines attributed to parking meter violations estimated at $3,000 ($9,000 annual x% loss x 65% attributed to downtown meter violations),

2. That the downtown BIA streets be regulated for a maximum two (2) hour parking and appropriately signed for 2013,

3. That meter heads be removed for 2013 and maintained intact for potential reinstallation at the end of 2013 if the test of free parking fails,

4. That enforcement of the two hour time violation be on a complaint basis, 5. That staff be directed to discuss parking enforcement with the contract

company with a view to possibly reduce costs dependent upon the number of complaints received, and


8) SIGNATURES

July 12, 2012 by:

!ina, MCIP, RPP, CPT Director of Planning & Development

Reviewed by:

~~~--· Peter Senese Director Corporate & Community Services

Planning & Development Report 2012-52

Reviewed by:

Ron Hanson, C.E.T. Director Engineering & Operations

Reviewe~GI Respectfully Submitted:

'--V-o'(,'..-f-...:....' (----.-~ Robert J. eil Chief Ad • inistrative Officer

-

Page 11 of 11 83

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Digital, Double

Digital, Single

Mechanical, Double

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I Pay and Display

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84

Appendix B Downtown Port Colborne BIA Genera} Meeting.

Port Colborne City Hall- 3rd floor

Wednesday May 9th 2012- 6.30pm

Record of Motion Carried on May g'h 2012.

The complete minutes of meeting for the month of May held on g'h May 2012 has not been written. This

confirms the motion carried regarding the parking committee recommendations.

Board Members Present: Dave Elliott, Mike Hopper, Rosemari Poisson, Kamesh Sundaram, Gary Talosi, Bob Porter

Board Member Absent: Marty Crowder

BIA Members Present: John Mayne, Mickey Mayne, Gail Todd, Tony Spiteri, Lisa Gram

Motion carried to accept the recommendations of the BIA P·arking committee as presented . . (copy enclosed)

Motion made by Mike Hopper

Seconded by Gary Talosi

All members of board were in favor of the motion.

Motion carried.

As Minuted by

Kamesh Sundaram

Secretary~ Downtown BIA , Port Colborne

85

DOWNTOWN BJ A PARKING COMMITTEE~ MAY gth • 2012

RECOMMENDATIONS on Proposed changes to Parking options in downtqwn Port Col borne

This proposal is ~he basicsofour recommendation intended to allow the BIA board of directors to make an informed decisiol on a solidified presentation to Counsel.

Background:

The city of Port Colborne has proposed removing all the current Parking Meters in the downtown core and replacing them with "Pay & Display" Machines. After extensive investigation, discussion & deliberation, the BIA members voted against Pay & Display as a solution.

While· this solution is administratively advantageous to many City departments, the inconvenience of accessi,ng Pay & Displa machines on Downtown streets is neither resident nor visitor friendly and would have adverse effect on the already economically challenged merchants and continue to encourage alienation of tourist to the downtown business core.

Recommendation:

• For a one·year trial period, the city should create an environment of Free Two Hour Parking.· During this triai period the parking meters would NOT be removed, but have the heads "bagged" with complementary 2 hour parking and City & BIA logo printed on them. This eliminates the cost of removal and new signage.

• · Tirne Limitations should be a consistent TWO HOUR FREE PARKING with the exception of busy corners, where a shorter 15 minute parking limit on each end and side of the block will keep these areas accessible to allow resident' to conveniently execute shorter errands.

• To accommodate Downtown Employees & Tenants, we suggest a review of the locations of current free parking lots and potential locations for additional free parking lots that may be needed to ensure a reasonable alternative is available for store staff, tenants and visitors staying Jonger than 2 hours.

Enforcement:

• The City of Port Colborne will continue its current responsibilities of Parking Enforcement as this is included in the resident & business tax benefits.

• Stringent enforcement of prohibited areas .. ie .. Handicap parking areas, fire routes ect • Enforce other areas by complaint with periodic perusal to ensure there is visual threat of enforcement and

discourage frequent violations. • Extra checks on holidays and summer weekends • Merchants will self-monitor and police themselves and their visitors to ensure traffic flow, with City enforcement

backup. • Merchants and downtown owners will have to educate staff and tenants that these are not long term parking areas

and the location of free long term parking alternatives. • Review of Bylaws will be necessary to accommodate increased parking fines (once tickets are ultimately al;"arded) t

discourage frequent violators.

In small towns and citjes like ours, a trip downtown often requires no more than a few minutes. Many trips are made on impulse and several may be made throughout the day. With free available parking, the convenience should increase local visits and encourage people to spend more time downtown, "Buying Local".

It is the intent of the Committee to continue our research to understand the exact details of the needs of the Downtown We will then provide the board with an expanded and more detailed plan to meet Merchants, their employees & tenants.

these needs. ~·

Mike Hopper · . G~/_~.:"'t'-Bob Porter < __ _, l ~ __ , 86

Appendix C My husband and I have 5 commercialtmits and two residential units in Downtown Port Colborne. We do not own any parking spaces; therefore we must rely on what is provided by the City for the use of tenants, staff and customers. We have seen proposals to eliminate parking meters many times tlu·oughout the years- March, 1993;April, 2000; January, 2007 and now May, 2012.

On street parking should be intended for short term- high turn over. Off street lots should be reserved for long term free parking. The only way to insure that system works is to have fair and consistent enforcement. We do not support reconunendations 1 & 2 of the Downtown BIA parking committee

Recommendation 1 -Free two hour parking for one year trial period Free two hour parking:

• Very difficult to enforce • Time consuming and therefore costly to enforce • Self monitoring and only periodic and complaint driven enforcement represents a

reduction in service • Increased parking fines for offenders will be a deterrent for customers • Fines will not pay for enforcement therefore this represents an additional cost to

taxpayer • Customers MUST move vehicle after 2 hours or risk fine

Parking meters • Parldng meters are an effective tool for enforcement • Meters are simple, scientific, non judgmental and universally understood • Current parking meter system we have in Port Colbome pays for itself with out

gouging the customer • We have inexpensive parking rates, (25¢ per hour- meters accept nickels, dimes

and quarters) this is as close to free as you can get! • If the customer needs more time they simply put more money in the meter. • If the meter expires and a ticket is issued, the fine is not costly ($10 and if you

pay within 7 days - only $8). Parldng meters with low rates and gentle enforcement is the best solution. If a trial period is recommended, please reduce the time to 60 days with measurable benclunarks for decision maldng- including financial and effective enforcement.

Recommendation 2 - designate all corner parking spaces for 15 minute parking only. • Businesses that require more time for their customers would be disadvantaged • Conservatively, 48 on street parking spaces would be affected • Extremely confusing for customers • Corner businesses would be hit hardest • Customer MUST move vehicle after 15 minutes or risk fine

Please keep parking fair, simple and consistent- 15 minute spaces are not needed

Recommendation 3 -review cmrent free parking lots • Additional parking is needed- particularly East of King Street

87

Department of Planning and development budget report 2012 date: January 23, 2012

Proposals • double the charge for parking fi:om 25¢ to 50¢ per hour • Replace parking meters with pay and display machines • Install pay and display machines in areas where meters have been removed due to

vandalism • Install pay and display machines in city parking lots which are currently free

Recommendation • Purchase 12 pay and display machines at a cost of $120,000

Parking rates would need to double and free parking spaces would need to be converted to pay parking in order to fund the installation of pay and display machines in Downtown Port Co/borne.

I calculated how much it would cost to replace the existing mechanical meters using the numbers in tllis report: Mechanical meters needing replacement: 23 single mechanical@ $564 =

28 double mechanical @ $830 =

15 double digital/mechanical @ $830 =

Total cost

$12,972 $23,240 $12,450 $48,662

I calculated how much it would cost to replace all existing meters using numbers in this report: 55 double meters@ $830 =

34 single meters@ $564 =

Total cost

$45,650 $19,176 $64,826

Compared with the cost of the 12 pay and display machines, parking meters would appear to be the most cost effictive option

I calculated how many meters would equal the cost of one pay and display machine using the numbers in this repmt: 17 single meters@ $564 = $9,588 or 17 spaces 12 double meters@ $830 = $9,960 or 24 spaces

Again the cost of pay and display machines do not appear to bear out against the cost of parking meters given that the areas covered by each pay and display machine does not exceed 14 spaces, with many substantially less.

88

Financial implications (2011):

Revenues:

Parking meter collection Parldng Fine collection (60 -70% expired meter) Total revenue

Expenditures:

Enforcement- (entire City) Maintenance 1mlmown at this time

$21,430 $ 8,750 $30,180

$26,000

89

Appendix D

Subsequent to the June 11th meeting of Port Colborne City Council, the Downtown BIA wishes to make the following observations and submissions.

1. It is our understanding that the Downtown BIA will get a draft copy of the staff report as soon as it is available.

2. The Downtown BIA is already on as a delegation for the Council Meeting when the staff report is presented on July 9, 2012.

3. We can assme Council that allBIA members were approached for their feedback, both positive and negative, on two-hour free parking downtown. We are providing both cmails that were distributed, along with otJr email distribution list.

4. The Downtown BIA Board provided the Parking Committee with clear and unbiased Terms of Reference. The Parking Committee had three meetings and fonnulated a recommendation. It was presented to the monthly BIA meeting at which there was plenty of open discussion. The BIA Board of Directors unanimously approved the recommendation that was presented to Council.

5. The Parking Committee did extensive research tln·ough BIAs across Ontario regarding the issue of parking in the downtown. We are including a copy of a Huntsville Town Cotu1cil resolution that we feel is particularly pertinent to our situation here in Port

Colborne. 6. The Parking Committee visited all of the businesses in the BIA, made them aware ofthe

recommendation, and polled them for their parking needs. That gave the BIA members a third opporttu1ity for input.

7. The BIA feels that the trial period for every street in the Downtown BIA must be simultaneous and a minimum of 12 months. That will give us expetience during all seasons, with adequate time for all residents, staff and visitors to understand and adapt to the new parking initiatives.

8. In addition, we want Council to be aware that, independent of any BIA initiative, a merchant visited most downtown businesses with the petition we have attached .. It was signed by 54 business owners/operators.

9. The recommendation presented to City Council represents the wishes ofthe majority of

the members of the Downtown BIA. Just as City Council was elected to represent the interests of the majority of city taxpayers, the Downtown BIA Board of Directors was elected to represent the interests of the majority ofBIA members. We are confident that we have fulfilled this obligation regarding parking in the Downtown BIA, and we look

forward to city staff and Council support.

Respectf111ly submitted,

Bob Porter, Chair Downtown BIA

90

Thursday, March-15-12

Parking in·the Down Town BIA area

As a BIA w~ continually ttY to find ways to ~ntourage tourists to visit and shop in our

town and to encourage· our local wmmunlty to spend their disposable inoome in our

town rather than shopping the big box stores and shopping malls. This Is an Issue

faced by many small towns and is presently top of mind with many BIA's across

Ontario.

We have to create a pleasant, relaxing, welcoming and oonvenient shopping experience

for our customers. Although most of this is at our discretion one~ th~ey enter our

businesses, the one m'ti!!a tOOl!: is not is parkll!l.!Jt.

It is very dear that the vast majority of down t<>wn retail businesses would like to see

~. an parking meters removed and a 1free 2 hour limit 1Mered. we even have our Mayor on

record supporting free parking. He is aware,. In economic. depressed times. one needs

to protect your down town merchants who pay the mmmerual propeny~ and

create employmelllt.

lhls will allow our customers to relax as they sho!). eat. bank get their hair done etc

withot!t wonying about the parking m.eterr.

There are two main rMSons why parldng meters are installed. One is to generate

revenue, which iilil Port Golbome is revel'lloo lrlatJIJiral and the second is to ens111re traffic

:low in busy areas, not currently an Issue for us!

I have been asked to Chair a committee w make rerommendations to the B~A tlilat can

be presented to CitY Coundl Jn the nea future.. .!f ani£ JUA member would l!!<.e to ioln u~

on 11:1!!1:> u parkl11g" .§!ll>_mmittee please adlll:re me Map ei@!er bv emalD or phone 91)5 401

~~~

To help move this process forward as a committee we need to understand all the

opltlo!ls avaiilable '1!1/heli tme metero . .we r001oved. Maill'lly whe:re ar!l.: oii!r ~>llaff <11nd t<rmants

91

and city employee!; going to park. We also have to recommend bow this free parking

for our customers will be monitored and managed.

I would ask eactt business to please respond to me with the following information to

ensure that all your needs. are identified by Friday 3011! ~h;

A) Haw many parking spats would be required far your employees and tenants

during shoulder season, September to June?

B) How many parking .spots would be required for your employees and tenants

during peak season july and August?

We will try and Identify out requirements for the Citv sa we can work together to

accommodate our staff and t.enilnts along with our mstomell"lii wh& ultimately pay our

bills.

Thank you in advance for your input m these questions

Mike Hopper SIA Director

Candy Safari <>

92

........... Mqnday, April-23·12

Parking ln the Down Town BIA area ·

Further to my last email our parking committee has been asked by the BIA Board to bring recommendations for their consideration regarding.free parking downtown. City Council has deferred the purchase of Pay and Display meters and has asked the BIA Board to make a presentation to them prior to them making a decision. As most of the businesses have shown their support of this suggestion for free parking and our Mayor has also publicly endorsed this option we need to analyze all the implications to this proposal.

The parking committee will be reviewing all implications, benefits along with negative implications. We have received some responses from businesses but would welcome your comments and any suggestions or experience you have had with free down town parking.

If you would email me at ~lY'"'"~~jL.I!t:l with your thoughts, concerns or suggestions we will ensure that the committee reviews these and takes them into account when making their recommendation to the board.

If Council does approve free parking it will be crttical that we: leave these spaces for our customers, wlto pay our bills, staff wages etc. The only reason for free parking should be as a convenience for our customers. The btg concern is to ensure this happens and staff, owners and tenants do not use these free parking spots. Part of our research is to identify sufficient long term free parking within a reasonable distance of ail businesses for staff and tenants that require parking. If you have not responded to me please advise me of what your parking requirements will be for you, your staff and or tenants during peak season, July and Augus:t and shoulder season September to June, This will help us ensur~ ygur n~eds are. met so that the . parking In front of our .businesses are left vacant for our guests and customers.

·Thank you in advijnce for your response to this very important initiative.

Mike Hopper

Chair of BIA Parking Committee

93

Parking on West Str~et & Down Town

TIMES A!\E TOUGH FOR RETAIL ACROSS ONTARIO AND IT IS Ul' TO TOWNS TOFIND WAYS TO ENCOURAGE THOSE WITH INCOME TO SPEND IT IN THEIR TOWN.

HERE IN PORT COLBORN[ WE HAVE FRE!i PARKING AT BOTH ENPS OF Wm STREET AND ON MAIN STREET, YEt BETWEEN ClEARANCE AND CHMLOtr AM.D ON CLEARANCE OUR CUSTOMERS AI'\E INCONVENIENCED WITH PARKING METERS.

OUR CUSTOMER HAVE TO PARK, FIND THE TLCK£1' METER AND,THEN FIND CHANGE, OFTEN COMING TO

THE STORES· FOR CHANGE, GOING BACK TO TH~ METER ANI} THEN PLACING THE TICKET ON THii.

DASHBOARD. {All this for 5- 25cents and we pay staff to police this!)

Our request to councii is to remove these meters and allow 2 hour free parking.

West Street should reflect an image of a destination location, as if you are in a

village, ·not a large city. Two hours would allow a stroll along the promenade, shop, eat & bank down town with out feeling rushed by the meter ticking.

The town patrols should hit offenders WhO abuse the two hours free parking With a $40.00 ticket. Parking would then be free for those that donrt abuse the system

f;"\, and would generate .revenue, instead of revenue neutral, for those that take ·advantage of the town's courtesy.

We the store owners, renters who pay property taxes, employ staff etc. ask council for·yciur understanding and help. to encourage shoppers to stay in Port.

The BIA and retailers spends thousands of dollars every year trying to encourage

guests to visit Port Colborne. With a tight economy and other negative issues, e.g. skate boarders, we need you to help make our town a pleasant shopping

experience for our guests and not inconvenient and negative.

STREET

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96

/"'•, Parking on West Street & Down Town

TIMES ARETOUGH FOR RETAIL ACRQS~ QNTARIO Af'lP IT I~ UP TO TOWNS TO HND WAYS TO ENCOURAGE THOSE WITH INCOME TO $PEND IT IN THEIR Iill'!l.M·

HERE IN PORT COLBORNE WE HAVE FREE PARKING AT BOTH ENDS OF WEST STREET AND ON MAIN STREET, YET BETWEEN CLEARANCE AND CHARLOTT AND ON CllARANCE OUR CUSTOMERS ARE

INCONVENIENCED WITH PARKING METERS.

OUR CUSTOMER HAVE TO PARK, FINO THE TICK!;T METER AND THEN FINO CHANGE, OFTEN COMING TO

THE STORES FOR CHANGE, GOING BACK TO THE METER AND THEN PLACING THt f.4CKET ON THE DASHBOARD. (All this for 5 • 25cents and we pay staff to poH~e thisl)

Our request to council is to remove.these meters and allow Z hour free parking.

West Street should reflect an image of a destination location, as if you are in a village, not a l11rga city. Two hours would allow a stroll along the promenade, shop, eat & bank down town with out feeling rushed by the meter ticking.·

The town patrols should hit offenders who abuse the two hours free parking with

a $40.00 ticket. Parking would then be free for those that don't abuse t!:}e system '·

and would generate revenue, instead· of revenue neutral, for those that take

advantage of the town's courtesy.

We the store owners, renters who pay property taxes, employ staff etc. ask ccJuncii fpr your und~rstanding and help to encourage shoppers to stay in Port.

The BIA and retailers spends thousands of dollars every year trying to encourage guests to visit Port Colboroe. With a tight economy an.d other negative issues, e.g. skate boarders, we need you to help make our town a pleasant shopping experience for our guests and not Inconvenient and negative.

S::r'ORE NAME STREET SIGNATURE

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97

.. ·.

Parking on West Street & Down Town

TIMES ARE TOUGH FOR RET AIL ACROSS ONTARIO AND IT IS UP TOTOWNS TO FIND WAYS TO .

ENCOURAGE THOSE WITH INCOME TO SPEND IT IN THEIR TOWN.

HERE IN PORT COLBORNE WE HAVE FREE PARKING AT BOTH ENDS OF WEST STREET AND ON MAIN STREET YET BETWEEN CLEARANCE AND CHARLOTf AND ON CLEARANCE OUR CUSTOMERS ARE INCONVENIENCED WITH PARKmG METORS.

OUR CUSTOMER HAVETO PARK, FIND THE TICKET METER AND THEN FIND CHANGE, OFTEN COMING TO THE STORES FOR CHANGE, GOING BACK TO THE METER AND THEN PLACING THE TICKET ON THE

DASHBOARD. All this for 5- 25cents and we pay staff to police this I

Our request to council is to remove these meters and allow 2 hour free parking. West Street should reflect an image of a destination location, as if you are in a

village, not a large city. Two hours would ano.w a stroll along the promenade, shop, eat down town and not feel rushed by the meter ticking.

When the town patrols hit offenders who abuse the two hours with a $40.00

ticket. Parking. would then be tree for those that don't abuse the system and

would generate revenue, Instead of revenue neutral, for those that take

advantage ofthe town's courtesy.

We the store owners, renters who pay property taxes, employ staff etc. ask

council for your understanding and help to encourage shoppers to stay in Port. ·

98

. .

iii'···~~~···~· ~-~~~~~~~~~~···.· .. t(, . .. . :'·.'

.. ggRPQBAJitoti .. ~~·xhiiEitCWliN ·O~>~·w.N~WLbE •.

H~~*~~tli~ i~~~.c~~~~~· · "·;· .. · '.··

.· NQ,,.fj~-P-·· ..

· . bate: tiab.riJaryq\:1;1 2012

Moired by: _ __,<:......,.,.~:;_,l<ko;;::;._........c.L---f./\4',-U--~--'...,.,.:......-.......

seconded by; ___ _,.,_,....._~_....-~.......,IHifll~+-.=:::::o:=;;:::.::j'..-....:.

WHI!M~S~ A delegation of Business Improv!lmentA · ~ (a.t merchants made a presentation to the Corparate Services Commltl:ee on February 7, 2012wlth respect to· a p . parldng scheme for the BrA;

AND WHEREAS: The delegation made a compelling caae for the negative economic. Impact ol' paid parking In the erA;

AND WHERE1AS: The deleg~tlon further made rt cle~r that dowhtown merch~nts are best situated to make dedsions on parking matters that affects their employees, bu~lnesses and customers;

NOW THEREFORE .llE lT RESOLVI>O• THAT': . The Council <lf tile Town of Huntsvme· offer to delegate full autholity for parr<fng re_gutetlon and ~nforcement to the.Downtowo Hunl:svl!le auslne<is Improvement Authority eff<Octive May 1,2012. . . ·

ANO I'UR'ftiSR THA'l': The ?OU Town of Huntavllle dvaft By .. Jaw J;nforcement budget Is har!!by' amended as follows: ·

Material$·&. Suppll!19 Lines ·Reduce· by $2,200 Materials & Supplies Line 7 Rec!t!ce.by $3,000 Online Pmt Sysl:(lm Une8, Reduce by $2,000 Offtce Supplies

Sl.I(&J:t l.lne 1.1 Reduce by $10,100 Season<~! By· law Enforcement

Revenue trne 9 Redu~eby , . $15,000 Parking Fines ''

' Line 10 · ~educ,e by · $5,000 Online P.mt Syst~m

.. •.

Llne.11 Reduce by t::~o,860 Parking Floe$ ·~' ;::.

Net lj133,560 L.evy Increase ..... , ....

AND FURTHER TtJAT: Should the BlA decline to take on the role· desetib~iti her~jnjit!J~h J;nktqwh Hunt:E;vllle will implement the fQJiowrng: . · . '>' · · ' ' Y''·'/.?0''.>' . · • All existing' meoors will be removed rrom tpa downtown ~ore;

:_· {·: .~:·:: .. ' ...

"·,·. 99

:. -~

• The two hour parking limit Wlll only be enforced fqr. t<i\peat Offenders,

AND FUR1Hl!lt THAt:. The Town of HunblYifla ~ill· ieact by ex~mple by ericcior~glri~ triunidpal enwi6yees to park outside of the downtown reg(liated·area. · · · ·

~' ' .,

100

BIABOARD

First Name Last Name E-mail Address 'Dave Elliott' d a vee II iott@portcoi borne .ca 'Gary Taiosi' [email protected] 'Marty Crowder' [email protected] 'Mike Hopper' [email protected] 'Rosemari Poisson' [email protected] Bob Porter [email protected]

Tony. Spiteri [email protected]

101

First Name Middle Name 'Boggio Pharmacy 'Ed •ronPs 'Treasures on 'Winchester Arms/The King George 'Windjammer' 270 West Alex Alicja Allan a Ann's

Archie's

Barbara Bill Bill Bill Bob

Hair

Boggio Pharmacy Bonney British Baking Company Business Express CJ Kent CM Steele Insurance Brokers Limited Country Country Crew's Quarters Crystal David Davidson Davies Dee Ed Faye Fred Fred Fred G & M Fitness Gail Gary Glenn Gloria Hair

Last Name IDA' Cleveland' Restaurant' West' Inn'

Belmont Hands on Health Hoyle Design

Subs

Butters Harbourront Inn

Steele Steele Porter

Heatherington

Perogies Peacock continued Meats Corner(Lambies)

Glam Girl Hawkins Homes Stationery Daffern Cleveland Market Cafe

E-mail Address [email protected] [email protected] [email protected] [email protected]

[email protected] [email protected] [email protected] [email protected] [email protected]

an nettemole n a a r@ po rtcol borne .ca [email protected] [email protected] barbara butte rs@c lty. po rtco I borne. on.ca ha rbourfrontlnn [email protected] billstee le@ port col borne .ca wsteele@ em steele insu ranee .ca [email protected] [email protected] Ia rrycathy. Boggio @gm a il.co m [email protected] jennyjubs@hotma il.com pes ales@ busi n essxp ress.ca [email protected] [email protected] [email protected] a ma nd a @countrycorne r. ca a ma [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Davies [email protected] Davies [email protected]

[email protected] Todd [email protected] Talosi [email protected] Duncan [email protected] Simon lakebreeze [email protected] Trends [email protected]

102

., "

Harmony on West Bonnie Linda Hilda

Judith Kamesh Karen Kent Larry Todd Lewis Textile Mark Marty Marty Meridian Metamorphis Mickey Mike Mike

Monica Monica

Pam Paula Port country Pantry Vicki Port Port Port Optical Family Eyecare Port Thrift Shop Joan Precious Precious Rick & Sue Rob Harvey Ross mans Rossmans store Royal Bank Sandy James Shoppers Smoking Stamp! I city Tammy

Beres Re'1d yardbirds

Tallwood manor Sundaram Trillium railway Peacock Boggio Shoalts

Ricker Crowder Glabb Union

&John Mayne Beam Hopper

270 West

Port Cares Opdam

Weiss Electronics Optical Centre

cunningham Laplante LaPlante Treasures on West Tuck Rossman

White Sheri<

Buddha

Sideys

[email protected] [email protected] [email protected] hilda [email protected] JP [email protected] [email protected] [email protected] [email protected] kpea cock@ cmsteelelns u ra nce.ca [email protected] todd_ shoa Its@ porta !village .com [email protected] [email protected] [email protected] porte I ectro nics @cogeco. net jody .sn ider·fo rbes@ m eridia ncu.ca [email protected] [email protected] m ike@su pe rservlce .ca [email protected] ca ndysafari @cogeco.net [email protected] [email protected] [email protected] pswlck·Ja njac@ po rtca res.on .ca [email protected] [email protected] [email protected] po rtelectro nics@ cogeco .net [email protected] [email protected] [email protected] [email protected] info@ precio uslapla nte .ca Info @p reclo usia pia nte .ca [email protected] [email protected] rossmanssto res@ cogeco .net [email protected] [email protected] [email protected] [email protected] [email protected] asdm 7 88 @shoppersdrugmart.ca [email protected] [email protected] sldeysflowe rs@ bellnet.ca

103

Tanya & ian Birrell [email protected] Ten Thousand Vilages [email protected] The Gathering Nest [email protected] The Grind [email protected] King Inn Ia urelcla rry@ phoen lxge nesls, ca Leader- Nlthls Week [email protected] Todd Shoalts tad d_shoa Its@ porta !village, com Tracey Business Express Info @busl nessxpress.ca Tracy Tarran [email protected] Tucks Jewellers [email protected] Mary Petrucci [email protected] Villages Port Colborne 5104 [email protected] Whites Insurance Brokers Ltd [email protected] Will Rowe [email protected] Yard birds Nature Shop h lid a. ya rdblrds@ bell.net

104

ISSVE DATE;

June 19,2012

I

City of Port Colborn<' RECEIVED

JUL - 6 2012 CORPORATE SERVIC:''PL09082B

DEPARTt~ENT

Ontario Municipal Board Commission des affalres municipales de !'Ontario

Nyon Oil Inc. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refLJsal or neglect to enact a proposed amendment to the Official Plan for the City of Port Colborne to redesignate land at Part Lots 23, 24 and 25, Concession 4, Part Lots 16 to 20, Concession 5 from Deferred Industrial, Private Open Space and Agricultural to Special Industrial/Employment Area to permit the development of an energy park OMB File No. PL090828

Nyon Oil Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 1150/97/81 of the City of Port Colborne to rezone lands respecting Part Lots 23, 24 and 25, Concession 4, Part Lots 16 to 20, Concession 5 from Agricultural and Environmental Protection to Special Exemption Heavy Industrial and Environmental Protection to permit the development of an energy park OMB File No. PL090829

APPEARANCES:

Parties Counsel

Nyon Oil Inc. J. Ayres

City of Port Colborne T. A. Richardson

Regional Municipality of Niagara M. Kyne

MEMORANDUM OF ORAL DECISION DELIVERED BY J. V. ZUIDEMA ON MAY 28, 2012 AND DIRECTIONS ~F THE B_O.:_A..;.;R..:..D.:.._ ____ ~-·

A third Pre-Hearing Conference (PHC) was held on this matter. For the history and

background associated with these appeals, reference should be made to earlier PHC

dispositions. The Board heard submissions from Mr. Ayres concerning additional time

required tocomplete the Eiwironmentallmpact Study (EIS) and on consent, the parties

requested the hearing scheduled for September 2012 be adjourned and new dates in

2013 were suggested. The Board heard that Nyon Oil inc. has filed its appeal of

Regional Official Plan Amendment RPPA I -2005 and has had numerous meetings

involving the NPCA, CN and CP Rail, MTO, St. Lawrence Seaway Management

105

PL090828

Authority and municipal staff. Arising from this, Nyon Oil Inc. has produced revised

concept plans and will be updating both the City and the public through an Open House

and special Council Meeting both set for June 13, 2012. Given these circumstances

and that the request to postpone the hearing was made on consent, the Board made

the following procedural rulings:

1. The hearing has been scheduled for three weeks commencing April 8, 2013 at

11 :00 a.m. at the municipal offices in Port Colborne, 66 Charlotte Street,

Port Colborne. There will be no further notice. The venue and retiring room

have been confirmed and I am not seized of the hearing. Please note that there

may be three Board meeting dates during this period and as such, the Board will

not sit on those dates. The exact dates are not known at this point but if

necessary, additional days can be added as long as the Board receives sufficient

advance notice. The parties can advise the Board Planner should this be

necessary.

2. Another Pre-Hearing is scheduled for January 21, 2013 commencing at 1:00

p.m. at the municipal offices In Port Co/borne as noted above. There will be no

further notice; the venue and retiring room are confirmed and I will continue to

case manage.

3. The E/8 referenced earlier in this decision is required to be completed on or

before December 21, 2012.

Should the parties require a Telephone Conference Call to address anything stipulated

in this decision, they can contact the Board Planner, Raymond Borja and one can be

scheduled convenient to the parties' schedules and around the Board's other

commitments.

These are the Board's Directions.

"J. V. Zuidema"

J. V. ZUIDEMA VICE-CHAIR

106

Niagara·· Region

July 6, 2012

Ms. Ashley Grigg, City Clerk City of Port Colborne 66 Charlotte Street Port Colborne, ON L3K 3C8

SENT ELECTRON/CALLY

Complete Streets for Niagara ICP 67-2012

Dear Ms. Grigg,

Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-687-4977 [email protected] www.nlagararegion.ca

CL 10-2012, July 5, 2012 ICPC 9-2012, June 27, 2012

REt_~R-'fl~P.Sl-2012 R E.(.:, o~t Co. lbcwnil

...: --EIVE;;D JUL -9 2012

CORPORATE SERVICES DEPARTMENT

Regional Council, at its meeting of July 5, 2012, approved the following recommendations of its Integrated Community Planning Committee:

That Report ICP 67-2012, June 27, 2012, respecting Complete Streets for Niagara, BE RECEIVED; and

That this report BE CIRCULATED to Niagara municipalities.

A copy of Report ICP 67-2012 is enclosed for your information.

Yours truly,

Jt!,, Acting Regional Clerk :nld

cc: Mr. P. Robson, Commissioner Integrated Community Planning Mr. C. Rohe, Planner Mr. C. Benson, Manager, Regional Policy Planning Ms. L. Gallant, Coordinator, Healthy Living Niagara Ms. T. McCallum, Manager of Chronic Disease and Injury Prevention Ms. J. Gervais, Health Promoter Ms. J. Stephen, Senior Transportation Engineer Mr. K. Ranjan, Associate Director of Transportation Planning Mr. M. DiPaola, Associate Director of Transportation Engineering Ms. M. L. Tanner, Associate Director, Regional Policy Planning Ms. S. McPetrie, Administrative Assistant Integrated Community Planning Mr. M. Kyne, Director, Legal Services Ms. M. L. Macara, Legal Services

Building Community. Building Lives. 107

REPORT TO:

SUBJECT:

Niagara4JT/I/ Region

Integrated Community Planning Committee

Complete Streets for Niagara

RECOMMENDATIONS

1. That this report BE RECEIVED for information. 2. That this report BE CIRCULATED to Niagara municipalities.

PURPOSE

ICP 97-2012 June 27, 2012

The purpose of this report is to provide information to Regional Council on efforts to examine opportunities for enhancing streets within the Niagara Region. This project was initiated by the Regional Policy Planning (RPP) division in collaboration with Healthy Living Niagara, Niagara Region Public Works and Niagara Region Public Health. This report supports Council's Business Plan Themes relating to A Healthy Community, Open for Business, Environmentally Responsible, Integrated Transportation System and Public Engagement and Communications.

BUSINESS IMPLICATIONS

There are business implications associated with the recommendations of this report. This project is part of an RPP work program as an important component of implementing the Niagara Growth Management Strategy and is funded in the Division's 2012 budget. The project was also awarded a $25,000 through Healthy Living Niagara from the Ministry of Health and Long Term Care to supplement the research.

REPORT

In November of 2011, an Active Transportation Summit was hosted by Healthy Living Niagara to explore ways to make walking and cycling more accessible within the Region. The participants who attended the summit included municipal planners and engineers, elected officials, community stakeholders and local residents. A list of fifteen actions was derived by the participants; the top action requested was the implementation of a 'Complete Streets' policy to help encourage more active transportation on existing roads.

1 108

ICP 67-2012 June 27, 2012

'Complete Streets' are roads that are designed to be safe for drivers; bicyclists; transit vehicles and users; and pedestrians of all ages and abilities. Complete Streets are achieved and developed through planning policy, design guidelines and public participation. Complete Street designs are universally accessible to people of all ages and abilities and reflect the Region's adopted Facility Accessibility Design Standards (2010) and well as the work related to 'Building Age-Friendly Communities'. These types of street designs are sustainable and have many benefits for communities such as economic benefits (foster more local business, better tax base, saving money on infrastructure repairs), environmental benefits (lower emissions), and social benefits (increased social interaction, more vibrant streets and places).

In 2010, Regional Council endorsed the Healthy Communities Handbook, a document created in partnership between Ontario Professional Planners Institute (OPPI) and Ministry of Municipal Affairs and Housing (MMAH) which supports the creation of built environments that promote health and promote social well-being and inclusion. The Region has completed work on a variety of projects and initiatives which meet the intent of the Handbook's principles such as age-friendly communities, model municipal bicycle transportation policies, the promotion of active transportation, and the establishment of development incentives. These initiatives, as well as many others, can continue to be reinforced and though the implementation of Complete Streets.

This project is meant to explore the positive impacts (economic, environmental, social and cultural) that Complete Streets could have, if implemented in Niagara. Based on best practices and research, Regional staff will work collaboratively with local municipal staff and public and private stakeholders to discuss implementation. A set of model policies will be developed and tested as part of a pilot project in a selected Niagara municipality.

This project was awarded a Provincial grant of $25,000 through Healthy Living Niagara from the Ministry of Health and Long Term Care. The funding was provided to Healthy Living Niagara to support the research and development of active transportation supportive policies which will have significant potential health benefits within Niagara communities, if implemented. These funds are being used to help complete the project, specifically the work related to consultation and the pilot project.

In order to successfully implement this project, there will be an emphasis on consultation and collaboration. As Complete Streets have various levels of application, it will be important that all municipalities and stakeholders are engaged throughout. As the first step in the consultation process, the report will be shared with the Regional Niagara Bicycling Committee (RNBC) at its June 19th meeting.

The importance of active transportation, such as walking and cycling, is becoming more evident in our communities and amongst our residents. This project is meant to be leading edge and help show Niagara's dedication to the health of its residents, the environment and our local economy and has attracted interest from other groups outside of Niagara (Toronto Coalition for Active Transportation (TCAT) and participants at the Hamilton Transportation Summit).

2 109

ICP 67-2012 June 27,2012

The Complete Streets for Niagara project is planned to be completed by Fall 2012. Model policies and stakeholder feedback will be presented to the participants of the 2011 Active Transportation Summit for review and discussion. Staff will report back to Council after the draft model policies have been completed to discuss results and possible next steps.

PREVIOUS REPORTS PERTINENT TO THIS MATTER • N/A

Submitted by:

Patrick Robson Commissioner Integrated Community Planning

Approved by:

Mike Trojan Chief Administrative Officer

This report was prepared by Craig Rohe, Planner anc! reviewed by Curt Benson, MCIP, RPP, Manager of Regional Policy Planning, Lisa Gallant, Coordinator, Healthy Living Niagara, Tami McCallum, Manager of Chronic Disease and Injury Prevention, Jackie Gervais, Health Promoter, Niagara Region Public Health, Jillian Stephen, Senior Transportation Engineer, Kumar Ranjan, Associate Director of Transportation Planning, Mike DiPaola, Associate Director of Transportation Engineering, and Mary Lou Tanner, MC!P, RPP, Associate Director of Regional Policy Planning.

3 110

From: To:

"Morgan Whelan" <[email protected]> <[email protected]>

Date: 06/27/12 03:13PM Subject: The Music Oepot Open House and Street Party- Sunday August 12,2012

Hi there Ashley

Hope all has been well I We are preparing our annual Open House for The Music Depot, and I wanted to start the ball rolling on shutting down Fraser Street between Fares and Weiland again this year.

The date is Sunday August 12'h. We would need the street shut down from lOam- 8pm

Please let me know what you will need from here. Thanks a million

Morgan Whelan The Music Depot Music education, performance & production since 1994 80 Fraser St Port Colborne, ON, L3K 1E4 (905) 834-7726 [email protected]

Hi Brenda Thank you for the response. We are looking to do the same thing as last year for our Open House:

Temporarily close Fraser Street between Weiland and Fares between lOam and 8pm. The neighbours have no problem with this as no one on this part of the street drives. Our music students will be performing under a tent placed on the lawn, same set up as last year. Vendors will be placed along the road showcasing their products and services. Each vendor will either have to carry their own insurance or be added to our five million liability policy. We are aware that we will need to apply for a noise bylaw permit.

Please let me know what forms I must fill out and/or what else you need from me. I have attached the drawing of the set up which is the sa me as last year.

Cheers,

Morgan Whelan The Music Depot Music education, performance & production since 1994 80 Fraser St Port Colborne, ON, L3K 1E4 (905) 834-7726 [email protected]

Hi Brenda 1 just realized that I need to revise my site plan since we will no longer be using a tent. I have also included the vendor area. Thanks

2012 Open House Site Plan .pdf

111

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July 9, 2012

City Clerk City of Port Colborne, 66 Charlotte Street Port Colborne, Ontario L3K3C8

Re: Temporary Extension For Liquor Sales

City of Port Colborna FUECEIVED

JUL 0 9 2012 CORPORATE SERVICES

DEPARTMENT

1716 Highway# 3 Port Colborne, Ontario

L3K.5V4 905.834.4002 Track 905.935.2886 Office

905.935.3464 Fax

Please be advised that we are currently applying for a temporary extension on our current liquor licence.

The event is called The Molson All Canadian Championship and is to be held on August 5th, 2012. This event is family oriented with children's games, live music and of course stock car racing. We would like to set up a designated area for liquor sales, at 1716 Hwy #3.

As part of the application I am required to obtain a letter of no objection to the proposed extended licensed area from the City Clerk, would you kindly consider this letter of request at your next council meeting.

If you have any questions please feel free to call me on my cell @ 905-<351-3243

Bob Davidson General Manager New Humberstone Speedway

113

July 10,2012

Building Official 66 Charlotte Port Colborne, ON L3K3CB

Dear Sir or Madam:

10 Broadway Ave, St Catharines, Ontario L2M 7Z5

I would like to inform you of our August 5th event, as part of our application for temporary extension of license.

On August 5th we will be holding our annual "Molson All Canadian Championship". This event consists of live music, driver introductions, and children's games plus of course stock car racing. Activities will begin around 1 pm: all activities with the exception of the racing will be free of charge.

Food will be available to both licenced and non licenced areas, consisting of Hamburgers, Hotdogs, sausage and pizza. Plus non alcoholic beverages will also be sold.

I have attached a drawing of the proposed location, if you have any questions please feel free to contact me directly on my cell905-651-3243 or through email [email protected]

&4?/l Bob Davidson...____~ GM New Humberstone Speedway

[email protected] Office: 905-834-4002

114

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115

City of Port Colborn<~ RECEIVE[)

MEMORANDUM JUL 1 7 2012 CORPORATE SERViC.l;~;.

PORT COLBORNE DEPARTMENT

Office of the Chief Administrative Officer 905-835-2901 Ext. 306

TO: Mayor Badawey and Members of City Council

FROM: Robert J. Heil, Chief Administrative Officer

DATE: July 23, 2012

RE: Entering into an agreement for naming rights for the Skateboard I BMX Park. Lock 8 Park

Dear Mayor Badawey and Members of City Council,

As Council is aware, efforts have been underway to seek sponsors in respect of the City's new Skateboard I BMX facility being constructed at Lock 8 Park. This memo is to inform you that a sponsor has been secured for naming rights for the Skateboard I BMX park. Algoma Central Corporation, through its local division Fraser Ship Repairs in Port Colborne has agreed to provide sponsorship in the amount of $100,000 in ten (10) installments as the title sponsor for the ship facsimile. "AigoPort" will be etched into the bow of the ship and Algoma Central Corporations colours, font and logo will also be used on the concrete ship.

Accordingly, the agreement and by-law as attached are being presented this evening to Council to officially name the Skateboard I BMX Park and to authorize the Mayor and Clerk to enter into an agreement for 10 years in respect of the title sponsor.

Respectf\,!U prepared and submitted

J. Heil dministrative Officer

Attachments: 1) By-law to authorize entering into an agreement for naming rights for the Skateboard I BMX

Park 2) Gift Agreement between Algoma Central Corporation (and Fraser Ship Repairs Port

Colborne) and the Corporation of the City of Port Col borne.

117


BY-LAW NO. ________ _

BEING A BY-LAW TO AUTHORIZE ENTERING INTO AN AGREEMENT FOR NAMING RIGHTS FOR THE SKATEBOARD/BMX PARK LOCATED AT LOCK

8 PARK, PORT COLBORNE

WHEREAS the Council of The Corporation of the City of Port Colborne is

desirous of entering into an agreement for naming rights with Algoma Central

Corporation.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE

CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. That The Corporation of the City of Port Colborne enter into a contract

agreement with Algoma Central Corporation.

2. That, in accordance with the terms and conditions of said agreement, the

name of the "ship" in the Skateboard/BMX Park shall be "Aigoport".

3. That the Mayor and the Clerk be and each of them is hereby authorized

and directed to sign the said agreement, together with any documents

necessary to complete the conditions of the said agreement, and the Clerk

is hereby authorized to affix the Corporate Seal thereto.

4. That this By-law shall come into force and effect on the date of its passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED

BY COUNCIL THIS 23RD DAY OF JULY, 2012.

Vance M. Badawey MAYOR

Ashley Grigg CLERK

118

GIFT AGREEMENT

This Gift Agreement (the "Agreement") is entered into and effective as of July 9, 2012, (the "Effective Date") between Algoma Cental Corporation (and Fraser Ship Repairs Port Colborne), a corporation incorporated under the laws of Canada with its office at 63 Church Street, Suite 600, St. Catharines, Ontario L2R 3C4 (the "ACC") and The Corporation of the City of Port Colborne, a corporation incorporated under the laws of the Province of Ontario (the "City") with its office at 66 Charlotte Street, Port Colborne, Ontario, L3K 3C8 and with ownership of the Skateboard and BMX park located at Lock 8 Park, Mellanby Avenue, Port Colborne, (the "Skatepark'') (collectively, the "Parties" and individually, a "Party").

1. PURPOSE.

The purpose of the financial donation to be made by ACCis to support the capital construction of the City's Skatepark as described following:

a) The Skatepark is a new facility for the purpose of skateboarding and BMX riding, designed by LANDinc., to be opened in the fall of 2012, with an expected life of fifty (50) years. This facility will provide a new recreation resource in Port Colborne serving mainly the youth of Port Colborne as well as those interested in skateboarding and BMX riding.

b) Situated at Lock 8 Park, the Skatepark faces southerly adjacent to the west side of Lock 8 just north of the Mellanby Avenue Bridge 19A. The Skatepark is themed as a a ship (Laker) passing under Bridge 21. This design is totally unique to Port Colborne and incorporates the traditional Skateboard!BMX Park design elements into the shape of the traditional ships that traverse the Weiland Canal. The Skatepark will incorporate traditional elements including sloped banks, ramps, Y-1 pipe and transitional space as well as additional elements including additional stairs, rails, inverted lifeboat and compass feature with rollers designed as wake from the boat.

2. INTERPRETATION.

a) In this Agreement the words "including", "includes" and "include" mean "including (or includes or include) without limitation". The expression "Section" or other subdivision followed by a number or letter mean and refer to the specified Section or other subdivision of this Agreement. Words importing the singular number only include the plural and vice versa.

b) Reference to a Party, whether by name or otherwise, includes such Party's directors, officers, employees, agents or advisors, including accountants, counsel, lenders, consultants and financial advisors.

Gift Agreement, Algoma Central Corporation and the City of Port Col borne Page 1 119

c) All references to dollars or to "$" are expressed in Canadian currency unless otherwise specifically indicated.

3. TERM AND TERMINATION.

3.1 Term. This Agreement will take effect as of the Effective Date and will, unless terminated in accordance with Section 3.2 or renewed in accordance with Section 3.3, continue for a period of ten (1 0) years beginning on the Effective Date (the "Term").

3.2 Termination. This Agreement shall expire upon the conclusion of the Term or the Extended Term, as applicable. ACCmay, at its sole discretion, terminate this Agreement at any time with at least thirty (30) days prior written notice to the City and agrees that any funds paid by ACC to the day of termination remain the property of the City. In default of payment by ACCto the City as outlined in Section 4 hereof, the City may, in its sole discretion, terminate this Agreement at any time with at least thirty (30) days prior written notice to ACCand ACCagrees that in such circumstance any funds paid by ACC to the day of termination remain the property of the City.

3.3 Extended Term: The parties may renew this Agreement, on the same terms as set out herein, for successive periods of five (5) years upon written mutual agreement reached during the Term or Extended Term, as applicable, of this Agreement.

4. FINANCIAL COMMITMENT AND PAYMENT DATES.

ACCshall pay to the City (the "Funds") to be utilized by the City in accordance with the Purpose specified above. The Funds shall be paid as follows:

• The first instalment of TEN THOUSAND DOLLARS ($10,000) shall be paid on or before September 1, 2012.

• Each subsequent instalment of TEN THOUSAND DOLLARS ($10,000) shall be paid by ACC to the City on or before September 1 of each year following with the final instalment payable on or before September 1, 2021 representing the period up to August 31, 2022.

5. DONOR RECOGNITION.

During the Term, the City shall recognize ACC and ACC's investment in the community as a donor in accordance with the following:

• 'The name of the Skatepark will be "Aigoport" and shall be etched into the Skatepark surface on the ship's bow and stern mimicking a replica of an ACCship.

• The ACC's logo shall also be located on the Skatepark surface on the ship's bow and its colours shall be matched to the colours of the ACC logo ..


• ACC's colours shall be used for the ship including the ship's body and main deck and the colours shall be matched as close as possible to the colour of ACC's ships.

For greater certainty, ACC's name and logo may only be utilized by the City for the purposes set out in this Section 5, with prior written approval from ACCr given herewith and in each instance.

6. RESTRICTIONS.

6.1 Publicity. The City shall not disclose any details or the existence of this Agreement or use the name of ACCin any public announcements, promotional, marketing, or other materials or efforts except in accordance with this Agreement or the terms of any prior written consent provided byACC. However, ACCrecognizes and acknowledges that the City is a public Corporation within the Laws of Ontario as a municipality and is subject to such rules and regulations as may be prescribed by the Government of Ontario including but not limited to the Municipal Freedom of Information and Protection to Privacy Act (Ontario), Section 239 of the Municipal Act (Ontario) and other such public disclosure legislation and regulation; and ACCrecognizes and acknowledges that the City must pass a by-law in open public session to authorize the Mayor and Clerk to sign this agreement with notice of the anticipated timing of the passing of such by-law to be provided by the City to ACC.

6.2 Assignment. The City or ACCshall not assign, novate or otherwise dispose of this Agreement or any portion thereof, or purport to do so, without the prior written consent of each other.

7. WAIVER.

No waiver of any of the provisions of this Agreement will constitute a waiver of any other provision (whether or not similar). No waiver will be binding unless executed in writing by the Party to be bound by the waiver. A Party's failure or delay in exercising any right under this Agreement will not operate as a waiver of that right. A single or partial exercise of any right will not preclude a Party from any other or further exercise of that right or the exercise of any other right.

8. MISCELLANEOUS.

8.1 Notice. All notice, invoice, consent, direction or other communication (each a "Notice") given regarding the matters contemplated by this Agreement must be in writing and sent by personal delivery or courier to the addresses of the Parties as indicated on page 1 of this Agreement. Either Party may change its address for service from time to time by providing a Notice in accordance with the foregoing.


8.2 Relationship of Parties. Nothing in this Agreement creates any agency, partnership, joint venture, representative or employment relationship between the Parties, except as expressly provided in this Agreement.

8.3 Mutual Understanding. This Agreement is the result of mutual negotiations between ACCand City, and each Party agrees that no part of this Agreement shall be interpreted as against the other Party on the grounds that particular language was drafted by such Party. City acknowledges that it has been afforded an opportunity to obtain independent legal advice with respect to this Agreement and that it understands the nature and consequences of this Agreement.

8.4 Costs and Expenses. Except as otherwise expressly provided in this Agreement, each Party will pay for its own costs and expenses incurred in connection with this Agreement. The costs and expenses referred to in this Section 8.4 are those that are incurred in connection with the negotiation, preparation, execution and performance of this Agreement, including fees and expenses of legal counsel.

8.5 Applicable Law. This Agreement is governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each Party irrevocably attorns and submits to the exclusive jurisdiction of the Provincial Courts in St. Catharines, Ontario and waives objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.

8.6 Compliance with Law. Each Party shall comply with all laws and regulations specifically applicable to it.

8.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, between the Parties, whether oral or written. Neither ACCnor City are relying on any other information, discussion or understanding in entering into and completing the transactions contemplated by this Agreement.

8.8 Amendments. This Agreement may only be amended, supplemented, or otherwise modified by written agreement signed by the Parties.

8.9 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in full force and effect.

8.10 Execution. This Agreement becomes effective only when executed by all of the Parties. This Agreement may be executed in any number of counterparts and all counterparts taken together constitute one and the same instrument. Receipt of an originally executed counterpart signature page by facsimile or an electronic reproduction

Gift Agreement, Algoma Central Corporation and the City of Port Colborne Page 4 122

of an originally executed counterpart signature page by electronic mail is effective execution and delivery of this Agreement.

8.11 Liability. The Parties agree that ACC shall have no liability or responsibility for . any claim, loss, damage, or expense relating to or arising from the Skatepark and that ACC's sole obligation and responsibility per this Agreement is to make the payments to the City as set out in Section 4 hereto.

Charitable Status. The City confirms that Gifts and donations to the City are deductible by individuals and corporations in the same manner as charitable gifts and donations pursuant to sections 110.1 and 118.1 of the Income Tax Act !Canada). The City shall provide ACC with any applicable receipts or other supporting documentation, including documentation that may relate to the fair market value of the Donor Recognition set out in Section 5 hereto, that may be required by ACC for the purpose of ACC claiming any applicable deduction or credit per the Income Tax Act (Canada) arising from. the donation payments set out in Section 4 hereto.

[the next page is the signature page]


9. SiGNATURES

9.1 IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

{ALGOMA CENTRAL CORPORATION)

by: Greg Wight, FCA President & CEO


by:

Vance Badawey, Mayor

by:

Ashley Grigg, Clerk


City of Port Col borne RECEIVED

JUL -6 2012 CORPORATE SER\IlCf:S

DEPARTfv1ENT

The Corporation of the Town of Tillson burg

June 28, 2012

Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8

RE: COUNCIL Resolution- Business Tax Capping Reform

At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution:

Whereas the Province of Ontario first introduced mandatory "business tax capping" for the commercial, industrial and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years;

And whereas this "temporary" and "transitional" measure was succeeded by a permanent business tax capping program for the 2001 and subsequent taxation years;

And whereas the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied;

And whereas the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year;

And whereas It has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates;

And whereas this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties;

And whereas this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a sign'1ficant burden on the financial and administrative resources of both the County and local

municipalities;

Therefore be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part (Business Tax Capping) optional at the discretion of each upper and single tier jurisdiction; and

CORPORATE OFFICE 200 Broadway, 2"' Floor, Tillsonburg, Ontario, N4G 5A 7, Telephone (519) 688-3009, Fax (519) 842-9431

www.ti11sonburg.ca 125

That the Town of Tillsonbt)rg calls on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle; and

That the discussion paper "Allowing Municipalities to Opt Out of Business Tax Capping" prepared by Municipal Tax Equity (MTE) Consulting Inc., which speaks directly to this subject matter, and which addresses many of this Council's concerns, interests and preferences, shall be attached to, and shall form a part of this motion; and

That copies of this motion, along with the above mentioned attachment, are to be sent to: Premier Dalton McGuinty; The Honourable Dwight Duncan, Minister of Finance; Honourable Kathleen O'Wynne, Minister of Municipal Affairs and Housing; Ernie Hardeman, MPP Oxford; Gary McNamara, President, Association of Municipalities of Ontario (AMO); Allan Doheny, Assistant Deputy Minister· Provincial Local Finance Division (Acting); Janet Mason, Assistant Deputy Minister· Local Government and Planning Policy Division, Minister of Municipal Affairs and Housing, The County of Oxford, Western and Eastern Warden groups, and all Municipalities in the province of Ontario.

If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224

Regards,

Donna Wilson Clerk Development & Communication Services Town ofTillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G SA? Phone: 519-688-3009 Ext. 3224

CORPORATE OFFICE 200 Broadway, 2"' Floor, Tillson burg, Ontario, N4G 5A7, Telephone (519) 688-3009, !:<ax (519) 842-9431

www.tillsonburg.ca

126

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Discussion Paper

Allowing Municipalities to Opt Out of Business Tax Capping

Prepared by:

Municipal Tax Equity (MTE) Consultants Inc. 12005 Steeles Avenue, RR #3

Georgetown, Ontario L7G 456

June 1, 2012

Mtfi, © 2012 Municipal Tax Equity Consultants Inc. '4·'"-V#t;,.t•t-"Y

L•><•,..:t>O"l~ '"

127

CLIENT RESOURCE

Disclaimer and Caution

The information, views, data and discussions in this document and related material are provided for general reference purposes only.

Regulatory and statutory references are, in many instances, not directly quoted excerpts and the reader should refer to the relevant provisions of the legislation and regulations for complete information.

The discussion and commentary contained in this report do not constitute legal advice or the provision of legal services as defined by the Law Society AcC any other Act, or Regulation. If legal advice is required or if legal rights are, or may be an issue, the reader must obtain an independent legal opinion.

Decisions should not be made in the sole consideration of or reliance on the information and discussions contained in this report. It is the responsibility of each individual in either of a decisionmaking or advisory capacity to acquire all relevant and pertinent information required to make an informed and appropriate decision with regards to any matter under consideration concerning municipal finance issues.

MTE is not responsible to the municipality, nor to any other party for damages arising based on incorrect data or due to the misuse of the information contained in this study, including without limitation, any related, indirect, special or consequential damages.

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Introduction and Purpose

Leading into 1998, sweeping reforms to the property assessment and taxation system were introduced by the Harris Government under the auspices of a number of key goals. Primary among these was ensuring that the assessment of real property and taxation practices across Ontario would be more fair, consistent, and understandable for taxpayers. Despite this original conviction, when faced with widespread criticism of their initial efforts the Government of the day quickly introduced a mandatory tax capping program for business class properties for the 1998 through 2000 tax cycles, which became known as the 10-5-5, in a laudable attempt to ease the transition to the new property tax regime.

Since these early days of reform, a variety of modified tax capping protection regimes have been implemented, replacing earlier successors with more permanent forms of relief. This tradition has created a long legacy of inequity within the multi-residential, commercial and industrial tax classes, which has effectively undermined the original goals of a stable, fair, transparent, and easily administered assessment and property tax system in the Province of Ontario.

Since the initial implementation of business tax capping in Ontario, Municipal Tax Equity (MTE) Consultants Inc. has worked intently with property tax professionals and municipalities across the Province to meet the policy and administrative challenges of these demanding and complicated tax protection programs. MTE's involvement with capping has ranged from the development of critical educational materials and seminars, to the provision of ad-hoc expert assistance, to the development and management of our full service stand-alone capping program.

To ensure that MTE's clients and the municipal community at large have had access to the most current and highest quality information and support, MTE has invested the time and resources required at every stage to ensure that our capping expertise evolved in-step with the program itself. This evolution has been deliberate in terms of capping program and calculation mechanics, the options available to municipalities, and the changing patterns of capping outcomes.

From MTE's unique vantage point over the capping landscape, it has been possible to observe the history of capping unfold and have experienced its evolution at every stage. What has become particularly evident since the advent of CVA exclusion options in 2009 is that currently in many jurisdictions the actual impact of capping on the taxpayers' final liabilities has become marginal or non-existent. The capping program has diminished dramatically in importance, and is proving to have a material impact on fewer properties each year. The concern remains, however, that despite the limited number and magnitude of capping adjustments now being applied, the program as a whole continues to require significant time and resources to administer and manage.

In light of the fact that so many municipal councils have adopted policy schemes aimed at minimizing the impact of capping to the greatest degree possible, it seems obvious that the next change to Ontario's capping policy, as currently set out under Part IX of the Municipal Act 2001, is for the Province to give municipalities the ability to Opt Out of the program in its entirety. Further, it may also be argued that 2013 is the most appropriate and opportune time for this change to be made.

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The following discussion has been prepared to explore this issue in a systematic fashion. Ideally, it will ultimately serve to crystallize, summarize and articulate the municipal perspective. To this end, tax practitioners, decision makers and taxpayers are asked to carefully consider the comments and general themes set out below. Other insights to ensure that this policy option can be comprehensively analyzed and evaluated are both welcome and invited; this will ensure that the vast array of stakeholder interests in the property tax process are carefully considered and captured before any new policy scheme is developed and implemented.

Overview of Business Tax Capping

Legislation creating the mandatory "10-5-5" tax capping program was originally presented as a transitional measure to provide temporary tax protection for the 1998 through 2000 tax cycles. In 2001, however, the Province introduced additional property tax reforms that served to reinforce the prescriptive nature of the property tax policy environment in Ontario. At this time, tax capping became a permanent feature of the property tax landscape as the original, temporary 10-5-5 program was replaced on a Province-wide basis with a modified model known as the "5% limit on increases".

In response to concerns about the mechanics and prescriptive nature of the business tax capping program, the McGuinty Government announced a series of reforms for 2005 and subsequent taxation years. These reforms introduced a number of capping options to be used at the discretion of single and upper-tier municipalities. The initial range of optional tools included: 1) the ability to increase the annual cap from 5% of the previous year's final capped taxes up to 10%; 2) setting a second limit for annual increases of up to 5% of the previous year's annualized CVA taxes; and/or 3) the establishment of dollar thresholds of up to $250 whereby properties with nominal capping adjustments could be moved directly to their CVA tax liability in any given year. The 2005 reform package attempted to balance the interests of those in favour of maintaining property tax capping against the call to give municipalities the flexibility to accelerate movement towards full CVA taxation for all classes of property where this was the local preference.

The 2009 taxation year represented another in a long series of reform and reassessment cycles. In addition to a number of fundamental changes to the assessment system, which included the introduction of a four-year reassessment cycle coupled with a program to phase-in assessment increases, the Province gave municipalities the option to begin permanently excluding individual properties from capping by utilizing "stay at CVA tax" and "cross-over CVA tax" tools.

Challenges at the Municipal Level

Municipalities throughout the Province have devoted significant resources to ensure compliant and appropriate implementation of the mandatory tax capping program since its inception. The capping program has proven to be an administrative and budgetary burden because of the increased complexity it has added to the annual tax billing exercise and the management of any in-year tax adjustments required in response to assessment appeals, tax rebates or other events that demand that taxes be recalculated.

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Despite the burdens posed by the business tax capping regime, Ontario's municipalities have accepted the associated challenges and have demonstrated a high degree of local responsibility with respect to the shape and outcomes of this program as it applies to taxpayers. Since the original introduction of optional capping tools in 2005, municipal staff and decision makers have in the vast majority of cases shown a keen interest and willingness to capitalize on the various options provided by the Province in order to optimize local capping regimes and accelerate the greatest number of properties to their full CVA tax liability.

In addition to the application of the core capping calculation options, municipalities have widely utilized the "new construction" constraint options, which ensures new or significantly improved capped class properties are subject to CVA tax.

Based on our observations, the majority of municipalities across the Province have strategically and deliberately employed the mix of optional capping tools in each taxation year that proved to be the most effective in meeting their local capping objectives. For most, this has meant a marked decrease in the annual cost of capping protection being provided and a striking increase in the number of properties being taxed at their full CVA tax level (i.e. CVA multiplied by Applicable Tax Rates). This not only means that more tax bills are being issued without capping adjustments, it also means that when in-year adjustments are required, the end tax adjustment is most likely to be made in direct proportion to any change in assessed value. This is not the case for properties subject to either a cap or claw-back adjustment.

Case for Capping "Opt-Out" Policy

The increasing range of capping options provided by the Province since 2005 has been a welcome change from the more prescriptive environment, which characterized 2004 and previous years. Notwithstanding the current flexibility offered to municipalities to tailor their local capping programs, we believe that there is a significant consensus within the municipal community that it is time for municipalities to be given the ability to opt out of business tax capping entirely.

The McGuinty Government has proven it values policies that place the responsibility for local property tax decisions with the level of government most directly responsible for levying the tax itself. The Government's policy changes surrounding capping options, tax ratio movement, and levy restriction rules (hard-capping), have all provided municipalities with greater autonomy to craft local tax regimes that truly reflect local priorities and objectives within a common set of Province-wide standards and criteria. The Government must now show its commitment to this trajectory, thereby making decisions with respect to the future of capping in our communities local responsibilities.

It should also be noted that the case for giving municipalities the ability to opt out of business tax capping is based on factors that go far beyond the argument for local autonomy; it is also strongly rooted in the fact that this specific program is outdated, redundant, inherently inequitable, administratively cumbersome and confusing to the taxpayer. The most relevant and critical of the concerns and issues raised by this program are explored below. In sum, it is MTE' s view that they create an overwhelming argument for the Government to make the continuation of capping a local choice.

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Capping has been made Redundant by the Four-Year Phase-In Program

In its original incarnation, the tax capping program was introduced as a means to provide business tax payers with temporary relief as they became acclimated to the Province's new property tax and assessment system. In subsequent years, however, the protection provided to taxpayers has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates. While prior arguments could suggest that its continuation was necessary so as not to remove or deny protection, this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties.

Capping Creates Inequitable Tax Treatment

One of the central tenets of Ontario's property assessment and taxation system is that all properties are subject to a uniform valuation date, and that similar properties are to be assessed in a similar manner across the entire Province. While tax rates do fluctuate by jurisdiction and property class, the overall structure of the system is intended to ensure that properties that are similar in nature, value and use carry a similar portion of the overall tax burden. The marked exception from this goal is the mandatory tax capping program for business class properties.

Under this system, two properties in the same municipality, assessed at the same value, can be subject to very different tax liabilities. While one may enjoy a large capping credit, the other could be forced to fund the cap with a tax liability in excess of what its CVA and prevailing tax rates would otherwise suggest. In another instance, one property may be eligible for capping protection going into the 2013 reassessment, while another, with the same 2012 and 2013 assessment might be excluded. There are endless combinations and examples that could be provided, but the critical point is that the capping program creates inequities by distorting the tax liability of each property subject to an adjustment, which results in similar properties paying disparate taxes. Ultimately, this undermines the intention of the property tax system to treat similar properties in a similar manner by breaking the link between one's assessment, the tax rates and the final taxes owing.

Capping also creates more subjective and global inequities in our property tax system. For example, in many jurisdictions, we see that the capping protection that is still being provided is concentrated to the benefit of a very few taxpayers. Those still captured by the capping rules are generally the very small minority, and it can be easily argued that it is unfair and inappropriate for a large number of business owners to be funding special treatment for a small sub-set of taxpayers. It should also be noted that in jurisdictions where the application of the claw-back option is not possible, or is insufficient to cover the costs of capping, the costs of protection for these small groups of business taxpayers must be funded by all other taxpayers. This concern is further amplified by the fact that the current system is designed to ensure that those receiving the greatest protection will continue to benefit with no specific end in sight.

Capping is Administratively Cumbersome and Complex

There are also a number of practical considerations beyond the program's utility that remain relevant regardless of how many or how few capping adjustments, if any, are required in any

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CLIENT RESOURCE

given jurisdiction. The capping program has proven to be very time-consuming, cumbersome and costly to administer. Simply undertaking the calculations, applying adjustments to specific properties and managing affected tax accounts requires an abundance of internal resources. Municipalities continue to devote considerable human and budgetary resources each year to ensure that tax bills and adjustments are accurate, compliant and timely. These resources could be more effectively and strategically deployed to other more productive ends, such as improving the delivery of other services, if not for the demands of capping.

Once adjusted bills are issued, the complicated and intricate nature of the capping calculations themselves make them very difficult for the lay person, business owner, and even many tax professionals to understand. This coupled with the often counter-intuitive outcomes revealed on tax bills and tax adjustments, result in an ongoing demand for explanat'1ons from taxpayers and their agents.

This confusion and the awkwardness of the calculations has also had an impact beyond just the taxpayer. The Municipal Property Assessment Corporation (MPAC), the Assessment Review Board (ARB), and even Provincial courts have struggled with the capping implications of decisions and adjustments since the inception of the original program. Again, this confusion is often confounded by the potential for counter-intuitive results. For example, it is not uncommon for a property owner to spend time and money seeking a reduction in their assessment only to find out later that the reduction does not result in any change to their final "capped" tax liability.

For municipalities, this all means that intensive resources must be dedicated to the on-going management and maintenance of the capping program; for the taxpayer it often appears that their tax liability is arb'1trary and incomprehens·lble.

Next Steps and Weighing In

2012 represents the fifteenth taxation cycle that has been impacted by mandatory tax capping in Ontario. It is MTE' s view that in light of the more effective, equitable and predictable protection provided by the ongoing assessment phase-in program, it is timely for an exit strategy option to be put in place. MTE is also of the opinion that it would be ideal to make this option available in conjunction with the next general reassessment. This would allow municipalities to carefully consider and evaluate the tax impacts and shifts associated with the 2013 reassessment campaign both with and without capping in place. Such insight would allow interested municipalities to make informed decisions about whether or not to continue with this forl)l of tax protection into the future.

To provide municipalities with the flexibility needed to address their current priorities and circumstances with respect to mandatory tax capping protection, it is strongly recommended that the Minister of Finance and the Prov'1nce of Ontario be requested to amend the contents of the Municipal Act,; 2001 to allow upper and single-tier municipalities to opt out of the business tax capping program set out in Part IX of that Act for the 2013 taxation year and future tax cycles.

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:,_.,~•-1<0•!• ... _ 133

Office of the Town Clerk TELEPHONE 905-468-3266 FACSIMILE 905-468-2959

g{jagara-on-tlie-La~

July 5, 2012

The Honourable Kathleen Wynne Minister of Municipal Affairs and Housing 171h Floor 777 Bay Street Toronto, Ontario M5G 2E5

Dear Minister:

Re: Request to Investigate Creation of a Municipal Conflict of Interest Commissioner

1593 FOUR MILE CREEK ROAD P.O. BOX 100

VIRGIL, ONTARIO LOS lTO

Please be advised the Council of the Corporation of the Town of Niagara-on-the-Lake (Council), at its regular meeting held on June 25, 2012, approved a resolution requesting the Ontario Ministry of Municipal Affairs and Housing to work in conjunction with the Association of Municipalities of Ontario to investigate the creation of a Municipal Conflict of Interest Commissioner, who would consider potential conflicts in advance when requested by an individual municipal/regional elected official and whose ruling would be binding and final on that elected official.

A copy of the complete resolution is attached for reference.

On behalf of Council, I look forward to your favourable response.

Yours sincerely,

#ey~' Holly Dowd, Town Clerk

cc: Regional Municipality of Niagara Niagara Region Municipalities Association of Municipalities of Ontario Kim Craitor MPP

135

TELEPHONE (905) 468-3266

THE CORPORATION OF THE

P.O. BOX 100 VIRGIL, ONTARIO LOS 1TO

TOWN OF NIAGARA-ON-THE-LAKE TOWN CLERK'S OFFICE .

DATE: JUNE 25, 2012,

WHEREAS the Municipal Conflict of erest Act contains provisions related to conflicts

of interest by elected officials who sit on municipal/regional councils;

AND WHEREAS municipal/regional elected officials are left to themselves and any legal

advice they personally obtain to determine if they believe they have a potential conflict

that contravenes the intent of the act;

AND WHEREAS circumstances may arise where the scope of a project may cause the

Municipal Conflict of Interest Act to be interpreted resulting in a large number of elected

officials having either direct or indirect conflicts;

AND WHEREAS even after obtaining legal advice, municipal/regional elected officials

may still face a potential conflict of interest complaint and have to incur personal costs

towards their defense of that complaint.

THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of

Niagara-on-the-Lake requests the Ontario Ministry of Municipal Affairs and Housing to

work in conjunction with the Association of Municipalities of Ontario to investigate

the creation of a Municipal Conflict of Interest Commissioner, who would consider

potential conflicts in advance when requested by an individual municipal/regional

elected official and whose ruling would be binding and final on that elected official;

AND FURTHER that this motion be forwarded to the municipalities in Niagara Region,

the Association of Municipalities of Ontario (AMO), MPP Kim Craitor and the

Minister of Municipal Affairs and Housing.

RECORDED VOTE

136

The "SEVENTEENTH MEETING" (REGULAR) of the Committee of the Whole was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, July 9, 2012 commencing at approximately 6:50 p.m.

ATTENDANCE:

Mayor Vance Badawey presided with the following members in attendance:

COUNCILLORS:

D. Elliott A. Desmarais F. Danch R. Bodner

Absent:

W. Steele

B. Kenny B. Butters

Y. Doucet (due to vacation)

REGIONAL COUNCILLOR

D. Barrick

STAFF:

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services G. Makins, Manager of Manager of Community Services S. Mcintyre, Recording Clerk

Also in attendance were interested citizens, members of the news media and Cogeco TV.

CALL MEETING TO ORDER- MAYOR VANCE BADAWEY


Withdrawn: Item 9, concerning the request from Untitled Films for permission to film a Kia Commercial at the south-east shore off of Lake Road, was withdrawn at the request of the applicant.

Correction: The first paragraph of the recommendation associated with item 14, Department of Community & Corporate Services, Community Services, Report No. 2012-25, Subject: Request from Royal Canadian Legion for Road Closures and Noise Bylaw Exemption to Host a Street Dance on August 11, 2012, was corrected to remove reference to Sunday, August 13,2012 and replaced with Sunday, August 12, 2012.


Moved by Councillor F. Danch Seconded by Councillor B. Kenny

That the Agenda dated July 9, 2012 be confirmed as amended. CARRIED.

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Minutes, Seventeenth Meeting (Regular) of Committee of the Whole, July 9, 2012 Page 2 of 9


Councillor Elliott declared an indirect pecuniary interest with regard to item 4, Department of the Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles; trucks, buses, as he is employed by First Student Canada. Councillor Elliott refrained from discussing or voting on this item.

4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

The following items were identified for separate discussion:

Items 4, 6, 7, 8, 10.

5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

Moved by Councillor A. Desmarais Seconded by Councillor R. Bodner

That items 1 to 14 on the regular agenda be approved, with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendation contained therein adopted.

ITEMS:

1. Department of Planning & Development, Report No. 2012-54, Subject: Request to Purchase the Franklin Avenue Road Allowance

Committee of the Whole recommends:

That Council declines the request to purchase the Franklin Avenue Road Allowance from Mr. Joe Pinelli.

That Council advises Mr. Joe Pinelli, that staff will no longer review or comment on any other matter until such time a formal planning application and development plan for all remaining lands be received.

2. Department of Engineering & Operations, Operations Division, Report No. 2012-21, Subject: Port Colborne Distribution System Drinking Water System Inspection Report


That Council accept report 2012-21, Port Colborne Distribution System Drinking Water System Inspection Report, for information.

3. Department of Engineering & Operations, Operations Division, Report No. 2012-22, Subject: Authorization to Award Contract for RFQ 2012-11, Consulting Services for a Hydrogeological Study for the Scholfield Avenue Groundwater Pumping Station Permit to Take Water


A. That the Council of the City of Port Colborne enter into an agreement with Coffey Geotechnics Inc., of Burlington, Ontario, for project 2012-11 -Hydrogeological Study for the Scholfield Avenue Groundwater Pumping Station Permit to

138

Minutes, Seventeenth Meeting (Regular) of Committee of the Whole, July 9, 2012 Page 3 of9

Take Water, for the total bid price of $12,885.00 plus applicable taxes and;

B. That funding for Project 2012-11 be financed under the 2013 Extraneous Flows budget;

C. That a contract by-law, whereby the City enters into a contract agreement with the Consultant, be prepared.

5. Department of the Chief Administrative Officer, Report No. 2012-08, Subject: Volunteer Policies and Guidelines


That in accordance with the recommendation of the Volunteer Coordinating Committee, the Volunteer Policy and Guidelines as appended to this report be approved.


9. Untitled Films Re Request for filming a Kia Commercial at the southeast shore off of Lake Road (mid-July)

This item was withdrawn.


11. Town of Caledon Re Aggregate Resources Act


That the resolution received from the Town of Caledon Re Aggregate Resources Act, be received for information.

12. Municipality of Lambton Shores Re Health Concerns Re Electromagnetic Radiation from Close Proximity to Cellular Towers


That the resolution received from the Municipality of Lambton Shores Re Health Concerns - Electromagnetic Radiation from Close Proximity to Cellular Towers, be received for information.

13. Municipality of Grey Highlands Re Green Energy Act and the loss of municipal rights over the control of road allowances (request for reimbursement of legal fees)


That the resolution received from the Municipality of Grey Highlands Re Green Energy Act and the loss of municipal rights over the control of road allowances (request for reimbursement of legal fees), be received for information.

14. Department of Community & Corporate Services, Community Services, Report No. 2012-25, Subject: Request from Royal Canadian Legion for Road Closures and Noise By-law exemption to host a street dance on August 11,2012


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1. That Council hereby approves and authorizes the closure of the following roads for the purposes of controlling traffic for the Royal Canadian Legion Street Dance from 5:00 p.m. on Saturday, August 11, 2012 until1 :00 a.m. on Sunday, August12, 2012.

Catherine Street from the northernmost part of Clarence Street to the southernmost limit of the intersection of the alley behind Matheson's Drug Store.

2. That a temporary Noise By-law exemption be issued by the City Clerk for the street dance on Saturday, Augusl11, 2012.

CARRIED.

6. PRESENTATIONS

Nil.

7. DELEGATIONS

Nil.

8. MAYOR'S REPORT

A copy of Mayor Badawey's report is attached.

9. REGIONAL COUNCILLOR'S REPORT

Regional Councillor Barrick thanked Mayor Badawey and Regional staff for their efforts in relation to the establishment of the Niagara Gateway Economic Zone and Centre.

Regional Councillor Barrick advised that a new performance appraisal process has been established for the Chief Administrative Officer and Commissioners of the Region of Niagara. The new process provides for the involvement of Regional Councillors.

Regional Councillor Barrick provided an update concerning debt held by the Region of Niagara and advised that the Region's debt totals $484,000,000. The Regional Councillor informed that of this total, $267,000,000 is Regional debt, with the remainder being accountable to the lower tier municipalities. The Regional Councillor advised that Port Colborne's share of the debt is approximately $6,700,000. Regional Councillor Barrick informed the Region is exploring the adoption of a debt policy, and that consultation with lower-tier municipalities is expected to commence in the spring of 2013.

10. COUNCILLOR'S ITEMS/NEW BUSINESS

(a) Local Business Expansion -Amendment to Site Plan Control By-law (Steele) Councillor Steele advised that a business located in the industrial park recently applied for a building permit to install an additional freezer to their existing building. The building permit fee was ten percent of the expansion cost and required a staff report and legal paperwork. Councillor Steele enquired as to whether staff could process applications for small projects on their own which would save lime and money for the applicant. Councillor Steele expressed concern regarding the fee for building permits, noting that he recognizes the fee structure is based on cost recovery however suggested that the fee should be proportionate to the scope of the proposed work. Councillor Steele suggested that any savings should then be reflected in the fee.

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The Director of Planning & Development advised that the existing 2002 Site Plan Control By-law stipulates the process to be followed, but that an amendment could be brought forward.

Moved by Councillor W. Steele Seconded by Councillor B. Kenny

That leave be granted to consider a motion concerning the current Site Plan Control By-law.

Moved by Councillor W. Steele Seconded by Councillor D. Elliott

That staff be directed to report back regarding an amendment to the Site Plan Control By-law that gives the Director of Planning and Development the discretion to exempt development where there is an existing Site Plan Agreement in place.

CARRIED.

(b) Cedar Bay and Pinecrest Road Paving (Bodner) Councillor Bodner requested an update regarding the quality of the recent paving of Cedar Bay and Pinecrest Roads. The Director of Engineering and Operations advised that he met with the contractor and that they are in the process of determining an equitable solution and that he would report back to Council at the earliest opportunity.

(c) Accessible Parking at Lions Field Park on Killaly Street West and Wellington Street Access to Vale Health and Well ness Centre (Elliott) Councillor Elliott stated that there is no accessible parking available at the Lions Field on Killaly Street West nor at the Wellington Street access to the Value Health and Wellness Centre. The Director of Engineering and Operations advised that Killaly Street West is a Regional road which will undergo reconstruction in the near future. The Director advised that the reconstruction will include the installation of accessible parking. The Director advised that the Wellington Street access to the Vale Health and Wellness Centre will also include accessible parking places. The Director advised that the parking lot at the Value Health and Wellness Centre is expected to be by paved by September 2012.

(d) Sandbar at Eagle Marsh Drain (Elliott) Councillor Elliott stated that he was contacted by a group of individuals that wish to remove the sandbar that has accumulated at the inlet to the Eagle Marsh Drain. The Director of Engineering and Operations advised that the Drainage Superintendent reviewed this matter and informed that the sandbar is not obstructing the drain and that any efforts to remove the sandbar would require approval from the Ministry of Natural Resources. The Director informed that in the past the sandbar was removed by an area property owner at their own initiative. The Chief Administrative Officer advised that this matter is outside the provisions of the Drainage Act and the City's authority.

(e) Permit Fees for Swimming Pools (Elliott) Councillor Elliott advised that a resident is currently waiting for a permit for an inflatable swimming pool to be issued by the Building Division and that the permit fee for the permit had been higher than the resident had anticipated. Councillor Elliott informed that there are three !~pes of pool, each with their own permit fee: in-ground; above-ground; and inflatable. Councillor Elliott stated that the Chief Building Official determines the type of pool at the time of permit application and that the distinction between an above-ground and inflatable pool is not clear. Councillor Elliott enquired whether inflatable pool category could be eliminated. The Director of Planning and Development clarified that the pool type is determined by the

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pool's specifications, including amount of water that the pool will contain. The Director of Planning and Development advised that he would consult with the Chief Building Official and report back to Councillor Elliott.

(f) Title Sponsor of Flavours of Niagara Food, Wine and Music Festival (Elliott) Councillor Elliott advised that the title sponsor of the Flavours of Niagara Food, Wine and Music Festival was Parkbridge Lifestyles Communities Inc. and enquired about their stated business. The Manager of Community Services advised that Parkbridge Lifestyle Communities Inc. owns and operates residential land lease communities and resorts throughout Canada, including retirement and pre-retirement living. The Manager advised that Parkbridge Lifestyle Communities Inc. has been a sponsor of the Festival in the past, and hopes their support will continue into the future. The Manger advised that the nature of the sponsor's business will be more prominently displayed in the future.

(g) Two Drink Alcohol Limit at Local Festivals (Steele) Councillor Steele questioned why the municipality's events limit patrons to purchasing a maximum of two drinks at one time. Councillor Steele expressed dissatisfaction with the policy and stated that the City's events are staffed by responsible servers, police and security; therefore a four drink limit would be reasonable. The .Director of Community and Corporate Services stated that the City had a four drink limit in the past; however the policy was changed after consultation with the Alcohol and Gaming Commission of Ontario (AGCO). The two drink limit is contained in the City's Alcohol Management Policy. The Manager of Community Services advised that the AGCO supports the City's policy. The Director of Community and Corporate Services advised that the policy could be changed at Council's direction. Councillor Steele advised that he would bring forward a notice of motion for the purpose of amending the City's

Alcohol Management Policy for this purpose. Councillor Desmarais advised that the Canal Days Advisory Committee should be consulted.

(h) Reconstruction of Killaly Street West Near Lions Field Park (Bodner) Councillor Bodner requested that the reconstruction of Killaly Street West, near the Lions Field Park, scheduled for 2013, be scheduled in a manner that accommodates the hosting of the annual Port Colborne Lions Carnival. The Director of Engineering and Operations advised that Killaly Street is a Regional roadway and that the reconstruction will be carried out by the Region of Niagara and will include new storm sewers and watermain. The Director noted that construction schedules are currently constrained by events which take place in the City, including the Canal Days Marine Heritage Festival. The Director informed that the final design of the reconstruction will require Council's review and that staff would begin investigating methods of minimizing the impact on the Carnival. Mayor Badawey suggested that staff also investigate opportunities for partnership, such as with Canadian Niagara Power, for the purpose of providing alternative parking locations for patrons of the Carnival.

(i) Garage Sale Signage (Danch) Councillor Danch noted that residents should remove garage sale signage after the conclusion of their event. The Director of Engineering and Operations responded that it is illegal to post signs on hydro polls and that the By-law Enforcement Division has been working to ensure compliance. The Director of Planning and Development advised that other municipalities have adopted by-laws limiting the posting of such of signs to the owner's property and that Council may consider the adoption of a similar provision. ·

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G) Traffic Study of Steele Street and Elgin Street Intersection (Badawey) Mayor Badawey requested an update on the traffic study at the intersection of Steele and Elgin Streets. The Director of Engineering and Operations responded that data has been collected but that the study must also consider potential traffic impacts due to development of the Rosemount Estates subdivision. The Director informed that at the present time, data collected demonstrates that there are sufficient gaps in the traffic and therefore a four way stop or traffic lights are not warranted at this time.

Staff Responses to Previous Councillor Enquiries

(a) Title Sponsorship of the Skateboard/BMX Park - Algoma Central Corporation (Heil) The Chief Administrative Officer announced that Algoma Central Corporation is the title sponsor of the Skateboard/BMX Park, committing $100,000 in funding toward the construction. As a result, the Skateboard/BMX Park will be named "The Algoport.".

(b) Mayor's Youth Advisory Committee Skateboard/BMX Park Fundraiser (Makins) The Manager of Community Services announced that a the Mayor's Youth Advisory Committee will be hosting a "Movie on the Beach" on Saturday, July 21, 2012, for the purpose of raising funds toward the construction of the new Skateboard/BMX Park. The beach gates will open at 8:00 p.m. and will feature the film "Despicable Me". The cost is $5.00 per person or $10.00 per carload.

11. ADOPTION OF MINUTES

(a) Minutes of the Sixteenth Meeting (Regular) of Committee of the Whole, June 25, 2012

Moved by Councillor F. Danch Seconded by Councillor W. Steele

That the Minutes of the Sixteenth Meeting (Regular) of Committee of the Whole, June 25th, 2012 be adopted as circulated. CARRIED.


By general consensus the items were considered in the following order: 10, 4, 6, 7, 8. The minutes reflect the order of the agenda.

4. Department of the Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles: trucks. buses

Moved by Councillor B. Kenny Seconded by Councillor F. Danch

That Department of Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles: Trucks, Buses, be referred to the Chief Administrative Officer report back on further options concerning large vehicle parking, and that preparation of said report include consideration of the disposition of the West Side Arena, and be received for Council's consideration before the commencement 2012/2013 school year.

CARRIED.

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6. Memorandum from Darlene Suddard, Environmental Compliance Supervisor Re Appointment of a Member to the Backflow Committee

Moved by Councillor B. Kenny Seconded by Councillor B. Butters

That Councillor Backflow Committee.

be appointed to the

The following was accepted as a friendly amendment:

That the motion be amended to provide for Councillor Elliott's appointment to the Committee.

The vote was then called on the main motion, as amended, as follows:

That Councillor Elliott be appointed to the Backflow Committee. CARRIED.

7. Region of Niagara Re Policy - Receipt and Consideration of Unsolicited Proposals (Report CSD 70-20121

Moved by Councillor D. Elliott Seconded by Councillor F. Danch

That the correspondence received from the Region of Niagara Re Policy- Receipt and Consideration of Unsolicited Proposals (Report CSD 70-2012), be referred to the Chief Administrative Officer for the preparation of a report concerning the adoption of a City policy concerning the receipt and consideration of unsolicited proposals.

CARRIED.

8. Region of Niagara Re Great Lakes and St. Lawrence Cities Initiative, Annual Meeting - Draft Resolutions

Moved by Councillor B. Butters Seconded by Councillor R. Bodner

That the correspondence received from the Region of Niagara Re Great Lakes and St. Lawrence Cities Initiative, Annual Meeting -Draft Resolutions, be received for information.

Moved in amendment by Councillor B. Butters Seconded by Councillor R. Bodner

That the main motion be amended to strike out the following wording "be received for information" to be replaced by the following wording: "be supported": and

That the main motion be further amended by adding thereto the following:

That the correspondence and the draft resolutions contained therein be referred to the City's Storm Water Management Committee and the Director of Engineering and Operations for review and report; and that preparation of said report include contact with the Urban and Rural Stormwater Management Teams from the Town of Ajax and Town of Goderich.

CARRIED.

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The vote was then called on the main motion, as amended, as follows:

That the correspondence received from the Region of Niagara Re Great Lakes and St. Lawrence Cities Initiative, Annual Meeting -Draft Resolutions, be supported; and

That the above noted correspondence, and the draft resolutions contained therein, be referred to the City's Storm Water Management Committee and the Director of Engineering and Operations for review and report; and that preparation of said report include consultation with the urban and rural stormwater management teams of the Towns of Ajax and God erich.

CARRIED.

10. Canadian Corps, Unit 43 Re Request to Waive a Building Permit Fee for the Construction of a Stage during Canal Days

Moved by Councillor F. Danch Seconded by Councillor B. Butters

That the request received from the Canadian Corps, Unit 43 Re Request to Waive a Building Permit Fee for the Construction of a Stage during Canal Days, similar to other non-profit permissions, that the permit fee of $100.00 be waived.

CARRIED.

13. NOTICES OF MOTION

Councillor Steele gave notice of his intention to bring forward a motion at the July 23, 2012 meeting regarding and amendment to the City's Alcohol Management Policy concerning the two drink limit on alcoholic beverages per patron at special events.

14. MOTION TO ADJOURN

Moved by Councillor R. Bodner Seconded by Councillor F. Danch

That there being no further business, the Committee of the Whole meeting be adjourned at approximately 8:32 p.m. CARRIED.

AG/sm

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PORT COU30RNE

OFFICE OF THE MAYOR

Vance M. Badawey

MAYOR'S REPORT

Council Meeting July 9, 2012

Presentation of the Niagara Gateway Economic Zone & Centre Report ICP 60-2012 (attached)

Last Thursday evening at Regional Council, it was a privilege to present, as Chairman of the Niagara Gateway Economic Zone & Centre Committee, Integrated Community Planning Report ICP 60-2012 to members of Regional Council.

>- This report highlights Niagara's New Economy- an economic strategy for the region of Niagara.

Successes have already been identified- our biggest success to date> Collaboration and partnerships:

>- This economic strategy ....

• Aligns with the region's new Economic Development environment- injecting a tangible strategy for Niagara to work together on.

• Niagara's member municipalities- all working closer together!

• Niagara Economic Development Department(s)- Regional, Local, the private sector- working together!

.... Working together to create a comprehensive inventory of Niagara's logistics and value-added capabilities.

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Mayor's Report July 9, 2012 Page 2

• Working together with the Southern Ontario Gateway Council which will align member partners from the public and private sectors, as well as our collective strategies and provincia I gateways. An example- TRANSPORTATION and the need to collectively communicate to the province for the need of a Mid Peninsula Corridor.

In turn, collectively sending a stronger message to the provincial and federal levels of government with respect to moving aggressively forward with our collective economic strategies regardless of jurisdiction.

• Once again- working together!!

)> As part of the overall strategy, Niagara will ....

• Establish Community Improvement Plans (CIP's), enabling a menu of incentives, augmenting local/municipal CIP's and provincial and federal programs.

• With respect to Port Col borne, it will augment incentive programs that we currently have in place through our Industrial, Brownfield and Waterfront Community Improvement Plans (CIP's), in turn offering an extensive suite of incentives for business retainment, expansion and growth.

• Exploiting, maximizing and building on our strengths- steering growth in a direction that takes full advantage of Niagara's strengths.

• As an integral part of the strategy, those strengths include the industrial (lands) corridor we have recently established along highway 140, the Weiland Canal and both Main and Short Line Rail, from East Main in Port Col borne to East Main in Weiland.

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• The Gateway amendment, as outlined in the report, provides strategic direction for the development of the abundant inventory of employment lands within the Gateway and outlines a land use strategy to support economic development and job creation in these areas.

Therefore, recognizing a greater return on past, present and future "taxpayer"- "ratepayer" funded employment land infrastructure investments- ie: water/wastewater, roads and hydro.

• We will work to add to the menu of incentives such as establishing a Foreign Trade Zone (FTZ). Especially when taking into consideration the current Trans Pacific Partnership (TIP) negotiations our federal government is currently involved in.

• We have created a tangible strategy that can now be used by the public and private sector toward retainment, expansion and creating future investment opportunities.

As well as proactively participating in both provincial and federal economic strategies.

• Essentially, the Gateway designation is about creating a business friendly environment for existing and future investment, in turn, maintaining and creating new jobs.

~ However, our job is not done!

• We must continue to work with this strategy as it will continue to demand our collective attention. The economy is ever evolving, it does not stand still, therefore, nor should we.

As well, we cannot work in silos. There is a great deal underway at the region, as well as here, at the local level and throughout the private sector- we must collaborate and ensure we align our efforts.

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>- Moving forward, we must:

• Establish an advisory group, primarily made up of the private sector.

• Continue to add to the comprehensive inventory of Niagara's logistics and value-added capabilities, utilizing all communication mediums.

• Establish and maintain an ongoing public relations program.

• Continue to maintain and establish strategic partnerships.

• Continue to recommend to all levels of government, strategic infrastructure investments.

• Continue to identify and persue target markets and sectors.

• Continue to build awareness.

• Streamline a path across the border.

This economic strategy sets Niagara apart from other international gateways due to our available strengths. Niagara's strategy addresses

individual target market challenges.

May I take this opportunity to express my sincere appreciation to the individual Councils and members of staff from both the local and regional level that have worked extremely hard throughout the past two years while we put this together It was truly a Team Niagara effort.

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Presentation of a Notice of Motion- Niagara Transit

)> Last Thursday evening at Regional Council, I as well put forward a Notice of Motion that I expect will expedite a formalized Regional Transit system.

• While continuing with the Regional Transit pilot project, the Notice of Motion calls for the Region's Transportation Committee to expedite a process of facilitating the implementation of a "regional" transit system.

• This process would include dialogue with the three larger transit providers- St. Catharine's, Niagara Falls and Weiland transit systems, as well as the three feeders-:- Port Colborne, Fort Erie and Niagara-on-the-Lake, along with the private sector;

• My expectation is that a recommendation to Public Works and Regional Council be prepared by the spring of 2013.

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REPORT TO:

SUBJECT:

ICP 60-2012 June 6, 2012

File:D.13 RE.am 1-2012 Page 1 of 34

Niagara Region

Integrated Community Planning Committee

Final Recommendation Report Niagara Gateway Economic Zone and Centre - Regional Policy Plan Amendment (RPPA 1-2012)

RECOMMENDATIONS

That this Committee recommends to Regional Council:

1. That the proposed Regional Policy Plan Amendment 1-2012 respecting the Niagara Gateway Economic Zone and Centre BE APPROVED.

2. That all parties be notified of Regional Council's decision on this Amendment in accordance with the Planning Act and its regulations.

3. That staff issue a declaration of final approval of the Niagara Gateway Economic Zone and Centre twenty days after notice of Council's decision has been given provided that no appeals have been lodged against the decision.

PURPOSE

The purpose of this report is to provide Council with an analysis of the comments received on the Niagara Gateway Economic Zone and Centre Regional Policy Plan Amendment (RPPA 1-2012) and to provide other relevant information to assist in the decision making process. This report supports Council's 2012-2015 Business Plan objectives "Responsive Region" and "Open for Business".

BUSINESS IMPLICATIONS

There are no direct financial implications ansmg from the approval of this report. However, should there be appeals of the decision by Regional Council, Regional staff will provide a further report on financial implications.

REPORT

The Region has undertaken an amendment to the Regional Policy Plan to implement the Gateway Economic Zone and Centre. The Provincial Places·to Grow Plan identified two priority economic areas in Niagara Region. The Gateway Economic Zone is comprised of the settlement areas (i.e. designated urban areas) in Niagara Falls and Fort Erie, specific to employment lands. The Gateway Economic

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Centre is the settlement areas in Thorold, Weiland and Port Colbome also specific to employment lands with linkages to the Urban Growth Centre of Downtown St. Catharines.

The Gateway Amendment (RPPA 1-2012) provides strategic direction for the development of employment lands within the Gateway and outlines a land use strategy to support economic .development and job creation in these areas. The draft Amendment also identifies six unique areas within the Gateway Economic Zone and Centre that could provide the initial phasing of the development of the priority employment lands in the Gateway. These areas are:

o Brock Business Park- concentration on research and development, with mixed use development creating an opportunity for incubators.

o Highway 406 Economic Gateway- emphasis would be on transportation, trade, warehousing, food processing, and advanced manufacturing.

o Weiland Canal Green Manufacturing and Assembly Zone- focus would be on specialized industries which transport goods and materials by boat as well as dry industrial.

• Fort Erie Industrial Park- opportunity for cross border trade, warehousing, logistics and light industry.

o Whirlpool Bridge Lands -capitalize on cross border trade and other related employment uses.

• Niagara Falls QEW Business Park- longer term opportunity for campus style business park for business support services and tourism support services.

All employment lands within the settlement areas in the Gateway Economic Zone and Centre will have the Gateway Land Use policies apply. The proposed Amendment also addresses vacant rural employment lands in Thorold, Port Colbome and Niagara Falls located in the vicinity of the urban employment lands in these three municipalities. These areas are appropriate for a new land use category entitled "Rural Employment Land" given the circumstances and nature of the historic development/land use planning approach.

Public and Stakeholder Consultation

Consultation on the draft Amendment is important as the five Gateway communities will need to adopt their own local Gateway Official Plan Amendment. To assist in the review of the proposed Regional Policy Plan Amendment, the draft policies and mapping for RPPA 1-2012 had been circulated to the local municipalities, prescribed agencies and key stakeholders for comment. A stakeholder workshop held on March 8, 2012 produced valuable feedback on the draft Amendment. In addition, the Region hosted three Open Houses in the municipalities of Port Colbome, Weiland and Fort Erie on March 22, 28 and 29, 2012 to receive comments and answer questions from the public regarding the proposed Amendment.

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Regional staff have now received formal comments from the five Gateway municipalities in addition to the City of St. Catharines and other commenting agencies such as the Province and the Niagara Parks Commission. Appendix I contains the list of comments received by Regional staff regarding the Gateway Amendment. Appendix I also provides the reader with the public body/stakeholder who submitted the comment, the nature of the issue and whether a modification could or could not be supported to the Amendment's policies or accompanying mapping. Where a matter has been identified for modification from Appendix I, the reader will see the change that has been made via a track changes document that is available in the Committee package. Further, all those who submitted comments/correspondence to Regional staff have received notice of the June 6, 2012 Integrated Community Planning Committee meeting.

The following section highlights significant issues that prescribed commenting agencies and key stakeholders have identified in the review of the Amendment 1-2012.

Issue No. 1 - Expansion of the Gateway The Provincial Growth Plan is quite specific in stating that the Gateway Economic Zone desgination applies to the settlement areas in Niagara Falls and Fort Erie, specific to employment lands. Similarily the Gateway Economic Centre designation is the settlement areas in Thorold, Weiland and Port Colbome also specific to employment lands. Any expansion to the Gateway Zone designation would be contrary to Provincial policy.

Issue No. 2 - Rural Employment Lands First identified in the background Niagara Gateway Employment Lands study, the Gateway recognizes vacant rural employment lands in the vicinity of urban employment lands in both Port Colbome and Thorold as the lands are designated for employment uses in the long term in Local Official Plans. These areas are appropriate for a new land use category entitled "Rural Employment Land" given the circumstances and nature of the historic development/land use planning approach. The lands will be available for "dry industrial" uses that are of a low intensity nature however the lands will not be available for either residential nor commercial due to land use compatability issues and the need for hard services. During the request for comments, the City of Niagara Falls identified that lands in the Sodom Road Area are "Special Policy Area 8" in the Niagara Falls Official Plan which allows employment type uses. This area, because of the pre-existing designation in the Niagara Falls Official Plan, has been added to the text of the Rural Employment Lands designation as Rural Employment in the Regional Policy Plan.

Issue No. 3- "Deferred Urban Area Lands"- Port Colbome

For the lands in the City of Port Colbome, there are two blocks of land on the east side of the Weiland Canal to which this applies. These two blocks are currently shown as "Deferred" in the Regional Policy Plan (see Map 4 of Amendment 1-2012). To implement the Rural Employment Land designation, the amendment proposes to remove the deferral and replace it with the Rural Employment Land designation and create a Gateway Special Policy Area for these lands. Comments from the City of Port

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ICP 60-2012 June 6, 2012 Page4 of 34

Colborne identified additional lands north of Forkes Road for inclusion in the Rural Employment- Gateway Special Policy Area designation. The land use review of the Deferred Urban Area lands shows that the majority of the land adjacent to the Weiland Canal is comprised of the Babion Woodlot and a Provincially Significant Wetland. Consequently, most of this area will not be available for employment land development. Staff therefore recommend that the lands north of Forkes Road be included in the Rural Employment - Gateway Special Policy Area to address the comprehensive nature of the development and address the land issues associated with the woodlot/wetland. For the information of members of the Integrated Community Planning Committee, the lands north of Forkes Road have been used for storage of spoils from the Weiland Canal and thus are not appropriate for the current land use designation of "Rural".

Issue No. 4- Urban Growth Centre

Downtown St. Catharines is the only Urban Growth Centre defined in the Provincial Growth Plan for Niagara. The Urban Growth Centre has an important role to play in the Gateway as demonstrated in Policy 4.0.3 which ensures that the major office direction of the Urban Growth Centre (UGC) is sustained through identification of the UGC as the priority for major office uses.

Issue No. 5- Regeneration Areas

Comments received from proponents interested in a comprehensive development in Weiland on the former John Deere site and adjacent lands in Dain City have requested the creation of a "Regeneration Area" designation within Amendment 1-2012. Staff have included policies in the Amendment that permit local municipalities to identify regeneration areas through their Official Plans. This is the appropriate policy tool because these areas are typically brownfields and local knowledge and input is critical to their future land use planning.

For the John Deere/Dain City lands in Weiland, the new City of Weiland Official Plan has identified the area as "Special Policy Area 4" for which the City will undertake a future land use study. It is appropriate that the landowners work with the City of Weiland to identify the appropriate land use strategy and whether this is a regeneration area. In this regard, the Region's policies enable the local municipality to identify and implement land use strategies for the regeneration areas, in consultation with the Region, and this is the appropriate Regional policy test.

Issue No. 6- Request for Urban Boundary Expansion- Northwest Niagara Falls

There are two separate issues in Northwest Niagara Falls: Northwest Community Landowners Group and Hospitality Resorts Inc. ·

a) Northwest Community Landowners Group - In May 2004, this landowners group applied for Regional and Local Official Plan Amendments to expand the Urban Boundary. The purpose of the amendment was to permit an adult lifestyle development of largely residential development with some commercial and

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institutional. The lands are bounded by the OEW, KaJar Road, Mountain Road and the Hydro Corridor. Regional staff recommended the adoption of a Regional Policy Plan Amendment 196 (RPPA 196) in November 2009 through Report ICP 56-2009. The amendment would create a Special Policy Area to allow future land uses to be identified in the context of the "gateway" location. Regional Council deferred the decision pending further discussion.

Comment: ·The position of staff in Report ICP 56-2009 remains the same. The lands are appropriate for a Special Policy Area designation to determine future land use. The application from 2004 was for a residential development while the City of Niagara Falls is now suggesting their inclusion in the Gateway, there remains a fundamental question of what type of land use is appropriate. This should be determined through more detailed study in concert with the landowners group. As such, the Special Policy Area designation from Report ICP 56-2009 is appropriate.

It is recommended that the previous application be the focus of new work with the landowners and the City of Niagara Falls to determine the land use strategy. At this time, staff recommend that Council not make a decision on these lands until the land use strategy is developed. For the information of members of the Integrated Community Planning Committee, the applications were submitted in 2004 and thus are not subject to the current policy tests for urban boundary expansions. Rather, the applications pre-date "Places to Grow", the 2005 Provincial Policy Statement, and the most recent amendments to the Planning Act so would be considered in the 2004 policy environment which, if justified, would permit an expansion of the Region's Urban Boundary.

As a further note, in addressing the approval of Niagara Falls OPA 94 (Growth Management Strategy), as at the time of writing, Integrated Community Planning Committee deferred the decision on the Northwest Community Landowners Group. This deferral allows staff to address the previous application.

b) Hospitality Resorts -These lands are on the west side of KaJar Road, south of Mountain Road and comprise approximately 112 ha in size. The proposal from Hospitality Resorts is to build an 18-hole golf course, seasonal entertainment uses, and residential development. There is no application filed with the Region to amend the Regional Policy Plan for these lands. The City of Niagara Falls Council has directed Niagara Falls staff to review the land use plan for these lands as applications to amend the Niagara Falls Official Plan were filed in 2008. This review is not complete.

Comment: The Hospitality Resorts proposal has no active application to:.change amend the Regional Policy Plan to expand the urban boundary. Tt;J¢ applications submitted to Niagara Falls have generated assessment studies·oflaQd .need for which there is not definitive conclusion to justify the urban boundary expansion. These lands will be considered in the current policy environment with Places to Grow, the 2005 Provincial Policy Statement, and the most recent amendments to

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the Planning Act applying. This is a significant and important distinction to the Northwest Landowners Group. Urban boundary expansions must be completed as part of a comprehensive review, must meet current policy tests, and must be justified in terms of land need. The work has not been completed and it is premature for Regional Council to make a decision in the absence of the completion of the work and an application to amend the Regional Policy Plan.

As a further note, in addressing the approval of Niagara Falls OPA 94 (Growth Management Strategy), as at the time of writing, Integrated Community Planning Committee did not defer the decision on the Hospitality Resorts proposed land development. The above comments remain and no decision to include these lands in the urban boundary should be made due to the prematurity issue.

Conclusion

The Province, through the Provincial Growth Plan has recognized the important role that Niagara's ·communities play in cross border trade with the Unitied States through the inclusion of two Economic Gateway designations: the Economic Gateway Centre and Economic Gateway Zone. The Gateway Amendment (RPPA 1-2012) is a made in Niagara Strategy that implements the Provincial Growth Plan via a land use strategy to support economic development and job creation of currently vacant employment lands. Accordingly, the Gateway Amendment is desirable for the community and is aligned with Provincial plans and policies. As such, Integrated Community Planning staff recommends that the Gateway Amendment (RPPA 1-2012) be approved. The approval of this Amendment will enable the completion of the Gateway Community Improvement Plan.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

• ICP 7-2012, Background Information Report, January 11, 2012 • ICP 41-2012 Statutory Public Meeting Information Report, April25, 2012 Subm(J)L___. Approved by:

Mike Trojan Patrick Robson Commissioner Chief Administra · e Officer Integrated Community Planning

This report was prepared by Brian Dick, MCIP, RPP, Policy Planner, and reviewed by Curt Benson, MCIP, RPP, Manager, Policy Planning and Mary Lou Tanner, MCIP, RPP, Associate Director, Regional Polley Planning.

Appendix I Chart of Prescribed Agency Comments Appendix II Amendment 1-2012 (includes maps)

Page 7 Page 13

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Appendix 1- PUBLIC AGENCY COMMENTS ON RPPA 1-2012

ICP 60-2012 Appendix I

June 6, 2012 Page 7 of34

Origin of Specific Comment/Issue Policy Modification/Policy Outcome Comment

Town of Fort Requested that the Fort Erie's Gateway Strategic Modifications to the Amendment can be supported. The Erie Location for Investment (Policy 4.D.1d)) be expanded to Fort Erie Race Track is within the Strategic Location for

also include the industrial and commercial employment Investment as shown on Appendix I of the Amendment. lands along the Q"EVV, lands designated as Urban Entertainment Centre (Fort Erie Racetrack lands) in the If the Canadian Motor Speedway is approved by the Fort Erie Official Plan as well as lands associated with Ontario Municipal Board Policy 4.0.2 of the Gateway will the Canadian Motor Speedway, should the required apply. official plan amendment be approved by the Ontario Municipal Board.

Town of Fort Requested that Objective 4.0.11 be modified to provide A modification to the Amendment can be supported. Erie a policy platform to not only protect employment lands New Objective 4.0.12 has been added that states "To

from being used/converted to other non-employment promote planned, orderly, efficient development of purposes, but also from being identified in the future for employment lands that balances development with natural natural heritage protection after significant investments hazard." in infrastructure have been made.

Town of Fort Requested that Policy 4.0.7 acknowledge that a Master A modification to the Amendment can be supported. Erie Servicing and Development Strategy/Environmental Policy 4.0.7 a) has been added that states

Assessment has already been completed for the Fort "Implementation of the Master Servicing and Development Erie Industrial/Business park. Strategy/Environmental Assessment for the Fori Erie

Industrial Park and updating/preparation of the following as needed to implement the Development Strategy."

City of Niagara Requested that the Gateway designation be expanded Modifications to the Amendment can be supported as Falls within the City as follows: Northwest Niagara Falls, follows:

North Corridor, South Corridor, and Sodom Road. The • Northwest Niagara Falls - Lands east of Kalar Road (refer to City also requested to broaden the scope of uses that Report Body) are to be addressed through a Special Policy Area. are targeted for the Gateway. Lands west of Kalar Road are currently being reviewed by the Oty

of Niagara Falls; site specific applications would be required. • North Corridor- mapping has been updated to reflect this

-

158

Origin of Comment

City of Niagara Falls

City of Niagara Falls

City of Port Colbome

City of Port Colbome

• City of Port Colborne




Specific Comment/Issue Policy Modification/Policy Outcome

• South Corridor- The Provincial Growth Plan is quite specific in that the Gateway designation only applies to Settlement Areas. Any expansion of the Gateway Zone designation would be contrary to Provincial policy.

• Sodom Road- These lands are Special Policy Area 8 in the City's Official Plan for rural employment uses. A modification to the text of the Rural Employment policies has been made.

• Clarification of range of uses and wording - a modification has been made.

Requested that the Niagara Falls Priority Investment A modification to the Amendment can be supported. The Area be expanded to include all of the lands within the Brownfield Community Improvement PCIP Pilot Project entire Brownfield Community Improvement PCIP Pilot Area lands have been added to Map 1 Strategic Locations Project Area including the former Cytec and Treibacher for Investment. lands Requested that Policy 4.0.9 expand the targeted uses in A modification to the Amendment can be supported. the Niagara Falls QEW Business Park to allow for a Policy 4.0.9 has been modified to include the phrase fuller range of employment uses. "focusing on manufacturing, warehousing and other

employment uses." Requested that Map 2 show additional Rural A modification to the Amendment can be supported. The Employment Lands and that the Gateway vision be Amendment's maps have been modified to reflect the : modified to include supporting the development of these request. and other previously identified Rural Employment Lands. Requested that Policy 4.0.17 make reference to the A modification to the Amendment can be supported. Policy Major Ports designation as identified in the Provincial 4.0.17d) added that states "Major ports as identified in the Growth Plan. Provincial Growth Plan for the Greater Golden Horseshoe." Requested that the Gateway Amendment identify the A modification to the Amendment can be supported. Part! existing rail corridors within Port Colborne. Section 4. 0 i) "Major rail infrastructure in Thorold, Weiland,

and Port Co/borne as well as rail infrastructure connections to the United States and other parts of Canada" has been

159

Origin of Comment

City of Port Colborne

City of Port Colborne

City of St. Catharines

City of Thorold

City of Thorold

City of Weiland





added. Requested that a new Objective be added that supports A modification to the Amendment can be supported. A the development of Rural Employment lands. number of Objectives (Objectives 4.E.1 to 4.E.4) have

been added to address the comment Requested that Policy 4.0.9 concerning the Gateway A modification to the Amendment can be supported. Policy Special Policy Area state that the municipal services 4.0.6 b) has been modified to now state "preparation for may be provided in the future pending the completion of supporting plans for servicing and transportation including the Region's Comprehensive Review and Water and any Environmental Assessment to provide water and Wastewater Servicing of Industrial Lands east of the wastewater services tot these lands and including active Weiland CanaL transoortation and transit." Expressed concerns as to how the strategic development No modification to the Amendment is necessary. The initiatives, infrastructure investment and financial incentive policies on the Urban Growth Centre in the Amendment programs of the Gateway may relate to and affect the St. address St. Catharines' comments.

Catharines Urban Growth Centre. Requested that the Gateway broaden the scope of permitted No modification to the Amendment is necessary. With that uses in the Brock Business Park. being said, the Brock Business Park is solely not restricted

to the uses that are stated in Policy 4.0.4. The Gateway Amendment does not prevent a municipality from considering a potential employment use beyond those uses contained in the oolicv.

Requested that Policy 4.0.1 be amended to include the Port No modification to the Amendment is necessary. Port Robinson West Secondary Plan lands adjacent to Highway Robinson West is undergoing a secondary planning 406 with those in Weiland adjacent to Highway 406. process to identify specific land uses and the development

strategy within the context of existing Regional policies; inclusion of the area in the Gatewav is not needed.

Requested that language be added to Policy 4.0.1 c) A modification to the Amendment can be supported. Policy recognizing Highway 140. 4.0.1 c) has been modified to recognize Highway 140.

160

Origin of Comment

City of Weiland

City of Weiland

City of Weiland

City of Weiland

City of Weiland ,- '· ·:,;:;

City of Weiland

-





Requested that Policy 4.0.2 be removed or modified to No modification to the Amendment can be supported. provide additional policy direction that supports the While the St. Catharines Urban Growth Centre is deemed City's Official plan by the Provincial Growth Plan as a location for major office

development, the Amendment would not prevent a major office use being established in Weiland (i.e. downtown core) other than on designated Gateway employment lands.

Requested that Policies 4.0.4 and 4.0.5 be modified so No modification to the Amendment is necessary. The that uses are more inclusive, and not strictly distributed Gateway Amendment does not prevent a municipality from to a certain geographic area. considering a potential employment use beyond those

uses contained in the policy. Requested that Policy 4.0.5 include language to A modification to the Amendment can be supported. Policy recognize Highway 140. 4.0.5 has been modified to recognize Highway 140.

Requests that the Amendment include financial and/or No modification to the Amendment is necessary. Financial staff support to help local municipalities where needed, incentives are determined through the Regional budget prepare these plans/studies or prepare model policies and the work program of the Integrated Community for the municipalities to adopt into their local Official Planning Department. Plans. Requested the addition of language to require a land A modification to the Amendment can be supported. Policy 1

!JSe compatibility study be prepared in accordance with 4.0.6 has been modified to fulfill the City's request. thf? Ministry of Environment's Land Use Compatibility guidelines for employment uses proposed in the vicinity of existing or planned Dain City residential uses. Requested that the Region clarify and/or modify Policy No modification to the Amendment is necessary. Regional 4.0.12 a) and e). staff notes that the City of Weiland's comments with

respect to this issue will be addressed through future work on the Region's nodes and corridors.

~ -

161

Origin of Comment

City of Weiland

City of Weiland

Ministry of Transportation

Niagara Parks Commission

Niagara South Federation of Agriculture . . .




Specific Comment/Issue Policy ModificationfPolicy Outcome

Requested that the Region modify the mapping and No specific modification to the Amendment is necessary. policies to include lands between the Weiland Canal and However, the City's request will be fulfilled through an Highway 140, and generally north of Ridge Road, south upcoming Regional Policy Plan Amendment for the City's of East Main Street in the Economic Gateway Centre Official Plan implementation that is separate from the designation. Gateway. Requested that unserviced lands outside the urban area No modification to the Amendment can be supported. The boundary should not be included in the Region's Amendment recognizes historic and established vacant Gateway Economic Centre designation. rural employment lands in the vicinity of the urban

employment lands in Thorold, Port Colborne, and Niagara Falls.

Requested that the Amendment not include any No modification to the Amendment can be supported. The discussion of the Netherby Road corridor prior to a proposed East West corridor between Weiland and the Transportation Demand Strategy for the corridor being Queen Elizabeth Way in southeast Niagara. and the finalized by Ministry of Transportation. Similarly, the Niagara to GTA corridor have been identified through the Ministry requested that any specific reference to the Amendment as key pieces of transportation infrastructure Niagara to GT A corridor be deleted from the policy set. fundamental to the success ofthe Gateway.

Requested, though tourism uses are not a traditional A modification to the Amendment can be supported by the employment land use, that the Gateway Amendment include inclusion of new policies (4.0.24 and 4.0.25) to the objectives or provide policy guidance with respect to existing Amendment. or proposed tourist destinations, increased opportunities for tourism or the establishment of tourism economic clusters. Requested the inclusion of policies which would support A modification to the Amendment can be supported. the introduction of food processing industries to support Objectives 4.E.1 to 4.E.2 have been added to address the the Agricultural sector. In addition, the Federation has comment. raised concerns about the sustainable private servicing of rural employment lands and the possibility of land use compatibility issues of rural employment lands with

162

Origin of Comment

Niagara Workforce Planning Board

Development Services Division -Niagara Region Public Works Greater Niagara Chamber of Commerce

Dain City_ Developments Inc. c/o rviathew Cory {Malone Given Parsons)

_.,

--





adjacent a~ricultural lands. The Niagara Workforce Planning Board provided No modifications have been made to the Amendment. It is comments on the implementation of the Gateway and its the intention of staff to actively consult with the Niagara need to have a proper linkage to Niagara's labour pool Workforce Planning Board in the implementation and (i.e. talent pipeline). monitoring of the Gateway.

Requested minor wording and mapping changes. Concerns have been addressed through a number of minor modifications to the Amendment's policies and maps ..

Requested that the Amendment include a "Gateway West" in No modification to the Amendment can be supported. The the Township of West Lincoln. Provincial Growth Plan is quite specific in stating that the

Gateway Zone and Centre designation specifically applies to the Settlement Areas of the municipalities of Fort Erie, Niagara Falls, Port Colbome Weiland and Thorold. Any expansion to the Gateway designation would be contrary to Provincial policy. .

As proposed purchasers, request that the John Deere Site in Regional Council has approved the new City of Weiland 1

Weiland, be considered as a regeneration opportunity in Official Plan in September 2011. In the Official Plan order to facilitate the development of a mixed use process the City of Weiland identified the John Deere site

development. as a future study area - Special Policy Area 4. The Gateway Amendment enables "regeneration areas" through local planning. In this regard, the Special Policy Area 4 designation and the regeneration area policies create the ability for Weiland Council to implement the future intended land use strategy for the John Deer site. As noted in the body of the report, regeneration areas are best determined locally in consultation with the Region.

163

Origin of Comment

Nyon Oil c/o Diana Santo (MMM Group)




Specific Comment/ Issue Policy Modification/Policy Outcome

Requested that the Gateway designation be extended to A modification to the Amendment can be supported. The the Energy Park development proposal In Port Amendment's maps have been modified to reflect the Colbome. The 315 hectare site located on excavated fill request. from the Weiland Canal (Canal Spoils) is located outside of the Urban Area Boundary for Port Colbome and thus unserviced. The City of Port Colbome supports the position of Nyon Oil.

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164

AMENDMENT NO, HOlZ

TO:THE OFFICIAL PLAN fOR THE NIAGARA PLANN!N.GARBA

PART "A"·- THE P~EAMBLE

ICP 60-2012 Appendix II

June 6, 2012 Page 14 of 34

••'~ ·~iagara's Economic Gateway

Th'~·p,r_~:ani.ble pr:ovldes -~n ·expla~ati"ojtof_th~ 41Jlepdrp:en~:~t:i~l.u~ing th~ p,t.{rpos~~ h:n:~~Qtl, back_g_ro·und, a"lid bclsis of. the pollclB:s,·ahd lntplenrentatlon, but.dOM riQtfOrm. part Ofthls Amendment.

- Tft)e and·components - Pill',pose,of.tbe Amendment - I,ocatlon olti!e Ameni!llie'nt - _aa_c:kgrou_nd - Basis for the Amendment - Iltlpleri:t_~ntatioo

PA~1: ''8"- THE.AMENDMENT The·:Amendment'descrlbes.:the additions andjor modlficatrons:toithe=:Offida1 PJan for the.Nlagf).ra. PittmiingArea;Whlch constitute Olflciai Plan Aniendme.n.t N~. -~,ZD'iZ;

- Map Changes. - Text.thm~ges·

·PART "C" ~·THE APPENDICES The ~ppen.dJ~~s provde _inforrp._a:tJon public par:ticip·atl.6n· an~f-ag~ntycoromems r~le.Yanno·.Hte Amendinent; but do not form part ofthJs Amendment.

165

'l;tAR:r "/1'-1'HE PREAMBLE

Tl'fLEtifH):CQMI'!JNENTS:


June 6, 2012 Page 15 of 34

N"·~· tagaras Economic Gateway

This docuineri~, when appt'.ove.d-lnaCcordanCe-v\•Itlt section 17 of the Planning-ACt, '19"90,-shall"he ki)oWrt as Am~nt[me_nt ~-20J2:tpi)l~Q(OcJal Plan o(t)le Nlagara~Iannlngi\J:~a. Pilrt "A" -'l:h¢ P:pm'mble1 ccmt:runs baCkgt'd.UridJnformatln~_a't'.id does .no.t constltut~ parn)f.thls.Amendm:ent Part !''Jr' ---1.~~~/~me~_i!m.~P.t, ·c(m~~~tl:ng._~i(rp:·ap·_an~ t~~t::~ha~ges, tonstitutes _Am_·endm,ent 1 M201.2 t_~-th~ Offldal 'Phirl,Qf.i:he: .. Nfagara .. P.hihnirii{.Atea. -part "'c~ -The AppendJ ces,.tlo_es trot 'ttmStitUte:p<frLof the·.Amendment; ·-TheSe. :i\ppen~tceS:contalnJnformatJon related to public Jnvolvementand:agency comm.imts ass_O'dateU 'W.ltlt the A'iri~nd.rh~rit.

PURPOSF,oitiiJl A~END/.Ji\NT; a) The·purpose· of this Amendment:ls·.ta·fmrflement the recommendations ·ofthe·Niagara. Gateway

)hnpr~¥nl~ntt:ands St!1~,Y ~md the G.r;.owth:J?Ja:n..fo.r the Greater Cold'e·n:HorseShoe'("P.l.a~e:no :Grow,).

b) -'I:lie.Ahten·dmendt~s b_een·p,repate.d to cphfdr'Ih.to. the-~pp)1.ciible:p01icJes.Dfthe ProVli!Ciai ROlley Sta'te~en:t,_the Proviilcla1 Growth :Plan fOr the Greater Golden, Horseshoe-and-the Oteen\leJtJ!lan. :Spe.clll,t:ally, tl1I.s Amepdlh¢ntJS'Int~nded to s~pp_ort po1Jcy2.2.6.7 oflhe Growth Plan. ·

LOCATION ,QF THEAMENDMENT; This anw_ndmMt.a)1J)ii~s to the_e_ntlr~ Nill$ara P,lapnlng Area ..

BA,GKGROUI'Hi: . . . o:n:May .28'", 200-9--tlto'Reglonal M unldpalicy of:Niagata (the.·Regi6Ji) ad opted Amendment2-.2009 w hl~h Cp~ ta.~n~~ _p.q_H_c~~s J_l}ten P~-~ :t. o)m p'I~ineri~ ..fh_e''~eg! r;>n ':s· gro w~h m~J) a gem e.n t sJra ~egy, Nia·g_arif203l,.Aritendiherif"2-2009· ais·a .iil"ClUde'd .a·numbe:r·Of policies. WhiCh ·wereJnten'd'ed to brlrig the'Reglonai.Pollcy·Plan Into conforml\y -wlth'the , ·Pro~lnclai d rqw:th_PI~n;·?Jac ~s to.iimw .. cit p~t,tlciiiar relevanc~:)Aias the ·Jndu_slon ofa.number-.ofpoHcles-whJch advauce tJl:e:G.t:pWt$.'"P\a_n.'s.Btophnii"c Gate.w~y Zotre_.and Centre deslgpa:tJo·ns .. Amend·ment 2-2009'.S.E'conomlc .Gat_eway r.o)!cf~~·'proyld.e a:f,ameworkJor a:~.vanclng a vatlety of local aiid Re'gldnill lnftlatlves ielated,to the 4qteyvay Zo_ne q~rcJ Q~J)~.r.e·;·Stnc;~.th~ .a_QqpdP.npf Amendment2;2Q09,,tlieJ,tegl6hhas __ uhuertakel\ _tWo prpje_c~ .'\'hlch a_re l~tehdedJa,suppor't:tl\~e:'development of the EConmnk GateWay z·one_.an·d· centr.~,·Whldtat,e:·

a) Niagara 'Gateway Employmen(Lands Study Qune ,iol})ra.~d,

b) (,!Jogata t;ateway Zo»e •.ani\ Ci>Jitre f,oll!Jnuolty I)Jiproveme!Jt P\an (Au~_u.st.iO~'f).

The Niagara Gateway.Employ;ment Lands Study is the ptlQc~,a['_t·e~hrtit~l.~uppOrt dQ'Cqrrte.ht'for thi.s AITiel)."dm_ent.. A separate-unct·ertakl ngJs · b eh~g prepared to·address_l:he

2

166

Community lmpro:vement;Plan;


June 6, 2012 Page 16 of 34

"~ Niagara's Economic Gateway

In add}tion·to the above, .. the·:R~glon-ls -nearing the completion oftts Master·Serviclng·'Study, whlch ptovide.s a ten.y ear.progrm:n:for .1\egion&.l i.nfrestru.cture J:nvestme:nt.acr0$s)Uqgara• The Bin•tl:on~l Economic and Tourism Alliance:receritly conipleleda.BorderStudy which addresses' issues surt9t!ndlng·cros:~~ b_o_r_de_r ~r~4e;.an:d tra_ff!~;-4l;$tly;:~ .!)iil'Ub.~r -p(the- ldt~~ ·f!.l_J.!.~_kJp.aliti.e~--a,r~ In the proce~S·Ofupdatlng their. OffJcial Plaiis. T.h'e;abo_v.e. pr:_o}ects,; s~itdi'es·anii_plans,~akeh t&ge.~bEiF P,rpvide. direction forth~ plat:~ntng.and deyefopme.nt:DfNi?ga .. ~a E~pnqf!)tc G-~t~_vyay Z_bfl~ and -c~ntre.

BASIS.FOR.THE AMENDMENT: 1. This Amendinent:prov.ides,strategic d!rectJ.o!l for'!he clevei~pment·ol empl.oym~ntJands,wrtii.ln

the-Gateway EC:onomic,zone-and Centre. ·The-amendment eStribhshes a ·sirategic:Iand use:fbcus for. ear;h_ ~mp) oyment.ate!l:-~nQ:.a:n :hnpl.~·m:e;nt~ti"o_n_i$.\:ta"tegy tQ_ sU,.{lpbtt. ~~.V¢.lop..m:ent qf ~-h~ l.~n.6s.

2. The. changes Jnthls:flmendmentetHonsistent wli»·.and'impkment th'e Gtow.t!>. Pl~n:lor th~ :Greater Golden Hnrs·eshoe(Places to Grow.(2006)), the Pr&viriciaLPo!Ity-Statefuent [2005) and Niagara's,·Growth l,janagem'Ont ~trategy (Nia?ara ZO.S.il- j\mendrnent>2ilo.9 to·\he·Of#cial B1~fl-for the Niagara·Plam1irrgAtea:; .Tlie Chang·es jlt0pd.s:ed.are:<il.S"6 Jri .. eoiifo:rffiity".with the Niagara EscarpmentPlan(20ti)(N&P); ·

3. 'i'he-Amendmentwll1.create._a nevv sub-section for tb.e,E·Conomk:Gate.way Zone and: Centre Within the Regioria! Pplicyl?Ian tl\PP). 1:he.fili\e!Jdtne)it wiiiaisp Include h<i>:t pi:\i)tiesin,pr<]er to-support.ecOnomk develbpmentin.the·Galeway in the Regional POlley Plan,

4. The:text,Of the AmendmenflS·dlV1ded.Jnto sect1ons,whfCh: constitute the-Amendment: a) part!': Addition· of$ectlou4.b:- .liat¢)Vay· Et0l,qmlc Zone an~. Ceritre b) Part II: Addltlon.of.Seollon.4-.E-Rur:al Em]>loymehfLands· c) Pa1:tfii: Revlse.dWor~lng;{or Policy ~Z)i d) 'Part IV:.Additlon· of newdefinltlon.i

5. The Amendment was. tli.e subject ofa P.UbllcMeetrng.heltl undetthePialii>llliiActon Apt112·5, ·2'012. ·public and agenqy-comments were·addressed as ·part.ofthe .. pr~paratrO:n :oHhfs: ·Aifttmdmerit.

6. 'Based on the.Reglon'$tevrew.ofthe Growth Plan fotthe GreaterC.<ilae.r\J!or,ses.ho.e,Ibe. Provinda'l.Policy--Statement, Amendment:2.~2QO'g-.to·thec.Offfdal Plan. for the Nh.1g~ra' Planning Area,:.~Jublic. cons ultatlo Ili ~nd ·agep. c,y_ co nsultatl'ofi;_R¢gi QtHil_: S;t~ff) ~rQf-t}l ~' opfnf~p:'tlwt th ~ Ameiidment·is conSIStefit,w'lth·and. CoriforrnS to -ProvlhCiaJ,and RE!glo-n·al'pOllCies <irl'd.J)lciris·.and, thet~fore, represents goo.d:p"l~nnfng,

7. The-no~es ln fhe.sl_.qeb.~r £?f.-this ~ep~JP!'mt"dO'l)"qt 1cQp.§ti~u~.e a:part:o'fJhe·.Arrt.~.n,i;lJ.l!e-Qt. rb;~ nOtes: Ill the Sid-ebar are.pt_qVJded for explahatOty plifjjo:s.es::qnl,X.

IMPLEMENTATION:

3

167


June 6, 2012 Page 17 of 34

·-·~ Niagara!s Economic Gateway

Section'1Z-,-Imple~n:entatlon-olthe .. Offldal Plan for the :NiagaraP.Ia_n.otng.Ar~.a/sbali ~pply where a·pp1icaQI_~.

168

Map Changes:

PART "B" -TilE AMENDMENT

·AmendmenM,,zou To. theOfflcia) ,Plan f0dhe

Niaga·r.a manning-Area


June 6, 2012 Page 18 of 34

~ Niagara's Economic Gateway

Schedules land 2 DfArrieridment 1'20,12 are added to the Offlcial:PianJ6r·the Nlagata Plat\nl!ig Area as ".Gatew~y~Economic,Zone:and Centre", · ·

Tire Urban Area Boundaries Map ofthe.Re~ional'Folky·.Plan.1s amended ~yll!ilng the ''Deferred . Vrb<m Ar~a" dcs_lgnano.n ;lS-~hown. 'QP S.che.dtil~:"3''':a}1Q.:ch~n.glh& ~he lan9. "ils.e:,'tte_Slgry:atlq_)i lO·"R'U:raJ Employment SpedaLGateway Poll'cy .. Area:", -· · · ·

Appendlxlls·added to \heRegfonal Polley Planfilr lilfili'miitlon,nnd,does nbl form part.of.thisFian. Appendix l can be modified wl.t!rout.arri.e.nctro.e.nttg t)je Pian .. ·

Text ~hanges:

The Officta:l P1an·.for .the'-Niagara Planning;Area ls:amended;byaddin_g the:fOllowing:sectJons:

JntrQP.~ct!_on

General Th,e- J\{iagftra Ec;p_porhic G9-t¢~.~Y ·.c~omprlse.$·:

a:) ·The Gateway 'EcOna·mk:Zone·.wliith..!tidudes ,alJ.'Se.ttJe·me·Jlt,Area·s. within "Nlaga"ta .Fa1ls .and Fort Erie;

bJ The Gateway Economic Centrewhlch.Jncludes allSeltlementAreas within Thorold, Weiland ~r)"d· .. Por~- Cp]bqr~e;:.

c) E1<istlng pOl'\: in(ras.t;ructqt,e, paf\I.Cu]ar)y ln. th.e Cities of Fort (:oll)orl)e; Weiiand ·and Tho.rol.Q;

d) The',flvehor4er.ct.dsslngs to .the US'Jnciud[fig(he Queeris.tbn-t,e:wlstohBrldge, the Whirlpool Bridge, "the·. Rahibow B~Jdg~, the. Pea(e BtJd:&'e.-artd the r·aii 'crOSs.lhg het.W~en "Fort Ed~ and :Buffalo;

e) The Queen Elizabeth Way Corridor between Fort Erl..and'Niagara Falls; f) The W"el1an0 Canal Jricludlng llnkages .. ·between the ·urban Gfowi:h Centre· in St Catharfnes

an·d Thorold, Weiland and Pqrt CoJb.orn.e; g) Highway 406 a11d lllghway '140,jncluciJiJg liJjkages. b.etween th(Urb:an Growth Centre ln8t

Cathaflnes and Thorold; Weiland antl PortC<il\lot)!e; ·I,J The major· road networkh1c)Udlng 11)\pro.vemeritl that mal'·)\¢ lnl~ated from time. to time,

particularly to the Netherby:Road t<irridor.bHwi>ed.Wellarld and the Queen liitzabeth Way, and·the'Nlag<lra to.:GTAc·orrldcir;

5

169


June 6, 2012 Page 19 of 34

~'s Economic Gateway

I) Major rail; Infrastructure in Thorold, Weiland, and Port Colborne as well as rall IP(f~~r~uc;t!Jre-f~nn_ec~nn_$ to tJ:te,Oni.ted States ~_nd.other parts_·of Capa_da;

j) T_~_ansl~. services- i.ndud_i_}1g _pbss_lbte improve~ent:s su~h as creating llj;!W: .In'~e~.c~ty t~ans_Jt

to~ri.dors ·wlthln Niagara an.d better GO and P.assenser ran links between the ·OTA ;aQd. 'Ni~garq which 'cqu_Jci. -Create:n_od_e.s .In the RegiOn Whet;e both hlgh··ctens.ity- ernJ5lpytne_h'~,.tiS¢~•aild.bous!ngccoul4 b¢ estaBlJihed;

k). Majo"r toui-JSt _destinaHOn::;~_an"d1 U. ,Maj_or educ·atioml1 s~pport.facilities such as Brock Univei'slty alid :Niagara Colh:m,e ..

l§ca~on :ohp~ Nlag¥a· tco~ .. omic- Ga.t~way The lan<ls descr!beci aliolle'<>te de]ilcte·d:on.Sche1ules 1 and:2·and constitute the.lands,·wlfhln the Niagara Rconomlc\Gateway.

Location of Niagara Economic Gateway-Employment Lands 'the.:lands-.Jcrcated"-Wfthln the NJagara·'Eco·nomf c·Gatewayrln the .settrement·areas1 .which are de$igihite~_ln'_ krcatpians far :.em_Pfoymett lan·ct uses are .de preted on .. $cb·e_ctule z. ·.Geneta1iy,.1t J.~' the' vaca.llt.Jands-de:pktetLon,SChedU!e 2--Whlch are the suhjecto:f:this Amendment ·

N..tagara,".ECo·nomi¢:GateWa:Y Empl.oytn_enlLands ViSion

:Cli;i)lel)ge.~ ®!I Opp<jrt\ffilf:!~!' Th~ :emplPYI)l.~ntJ;;~ds WI tl.tin the N)agara)lconoml·c Gatew.aypresent·a,unlC(ue·opp:or.tun,J~y fat devtHc>pme'rtt. The.-vac·anthirid~. cb v~fan atea~ofove t·z;o 0.0-'he cta.i'es :spread .. -a·cr.oSitthe-five:] ocal _i:J:!;~)<;)pq.iJU?s. ~~netaliYr.th~'.i,IJXenWry cjfJq_tj_ds a_re sca_l~ere,d-<;J._I)~ ~)~c~mn·ec~~c!1ron;t !=H.l~ p,p_o_Jtr_e_r l:)ut:.aYe:,GOntE!ilti'at"Eid.lii ~."nU.frthef:Pfsmaller clUsters; EaCh-of thes·e·_clust"eiS has itS:.bwh·Set of ~4Y~P..~I;lg~~::-"$Q.Jl),8 ef\h_~ _clJfS~~~~:-a.re. a ~J~~~n tto· ~ IJ c,a ti Q~ -~-" t:.;~s;._li.Ke;S roc~-v Jl.i Ver~ity. -~-l).d N!a"gara'COlleg·f/; O.tbers.rrtairit~\ln traP.Sp.Of.f<itlon advantages, such as-.dos~ prdxlritl\)'- tO: a:b.ai'dEh' ·croSStflg,or acCess ta·ihe.Weiland GanaJlralllines or one of the Gateway's·400:series hlghways; __ ·o_th ~rs·,.hav~ a·cce·sS- tO ·fuilii:l\lnlCI pa.l '-servlces .. aJ:ld · ~ir¢ai:ly ·.ha:ve-·deJall ~d ,s·ec_OnQary· p Ians· Jn-. pra ce;· and sun others-·are-a:callec~lon of large, wen.-conflgured greenfield,pr.operties withfewaonStr.arnts . .A.t:the,s.a.m·~ tif!"l_e; ih_e·dtrs~e.rs ~],s·p:h.';l"'-~ their 0\IJ_fl Set o(:ch.aiiE!fl~eS: ":?Offi.e.are.as~are·_UJ).Ms·er:v.kei;l)li)_d require upgr-ades to- Regional ;md :Iocallnfrastructurei- _Other areas have a llmltetlamount-.of: p)a_nP:hig:d}j:.e_ctiohanll ffiay:ha.ve-iss~.te"s-rela_~ed to land us_e·compa_tiblll_tyrothetl~pds ha.v¢= e'hvlr'b-hiriEfntal Constralnt:S whiCh would tiee.d to be mitigated to.-facilitate dev.elopmeht.

TM.Need for.a:Visio:n,.sn:ategyand Action Plan Given tlle.r.an-ge.of:lSsue·s=and diane-nges1 the cbhslderable Opp·artunlty and -the fact .that-the inv.e~totv. _of vac:an.tl.<\Dd . .is ~ptea_~ at;rf?s'sJNe·:munldpaliti~S; t4~-re·ls a neecl_for. a_ cojtlJ5X~Ae:I_l$iVe y!siori~-strategy-.and aCtlonjllan. '

The ·visloif The -v!Siori- fo-r.tlie:-.Nhigata .ECdri"tirrilt :Gateway einploymen t.lands is· to-a rtrarit Jiwestnlent;abd p_r·ontgte -~WplQym~_n_VgrP.V'?th.tn. '§~~tegiC! l_odlti_bns. By.a!:l4.re·~sjJ:lg-the '.ch~Heng~s- frr& s~rg~~gj·(:. an~CiCO.Otdrnat~d:m~lrinE!t-ai\"d:by-_tilklng;·advanta_ge Of the unique l6Ciltional opportUnlti-es··andJin"klri_g· th_em ·w#D :N__!_~g?rl;l' s,.-~ar l< e;· . .-Qp pO r.tv~fti es, t'·Ua.gar;:t·w l_ll·fl t'tr?ct n~ w_· _In ves ~.en t- tp :~_1,1 PPPn J ~ eXI~tlng·-empjoym~nt baSe:-anct:·c~-t·r.ther. deVelb_p Its. emerging e·mp10Yinl:fnt duSters. ·'fh:e·-YJSI.Ori'.I~ tb

6'

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.,-~ Niagara's Economic Gateway

transform the collect! on_.of'vacanrlands·~Jnto a d!Verslfl'ed.ml:;.mf v.ibrant,-altractiv.ely deSigned, acc~ss'Jble.-an"d_,sust_"!lftqbl~ etu_pl'oym.eQtat~as;

0/Jjecttves:

Objectlve4.D,i

Qbjectlve 4.D.i

Objective 4;D.3

Objective 4.D.4

OPJect1Ve4:D.S

Objedlve.{D.f·

Objective 4:D,t1

Objective 4:D.12·

Objective 4/D.13.

Objective 4.D.i4

Objective MJ.15

Objectlve4,D.J6

Policies:

7

-Tf?.~trenot~(!~ l:llagara's ~on~»_''Y tbreug~ st}_11.ttJg!a"/ctng .. r:.ange planning-and ec;pno.Tti1c.'ifl verstflC_gtiO n;

·ra support- _,lo.cal munlcfjlal. planning· -and economic develf!pment ·efforts •ihroulfhlead ershlp. and.coordlnatlon;

·rp ;titq"t'1Jit· pr.fV{;ite: ,s-_ettpt ih_V_B$tnl'eti"t tti N!dtJara-1$: -e:dstllf!J. and emerging

rfGO"Jiolnic·ciuseets;; ···

'to_ pro mQ:te eros~ P.o.r.(J:er-traCJf! an_g ~he. e_f/1. cN!J,t.movemen t Q]g_oo d~.

'fopromgtefhe eJ!!~ie~i U§eqf(i)jfastryc~ure,

TC? prore.c;t ~:;;:~rateg,ie. ~mploypW,IJ{ Ian {IS; froJJl ·~f?wprrgnted conyersi~n to ln¢ompattbl.$.1iand iiS~s,

To. w.omote plann~d; iird•r!r,,ej)Mmt deyeiopmenrof ampioyment lands thqt balancesdevelopment.wlth natural·lierftage,,

·To .pf.dmote .a"ttrdCtiv.e ui'briJi deslf{!J dna .SUstalhdble develo'pm.en"t. ·On the GatewayS. designated .emP.loyment.'land~;

Td[)romote empio,Yment;IC!h.<i lnten.~!/kat!dli a!]dlirownjleld tedevelopment

To ~wport appronrlaieiY iocated Jourjsm foclll~es while maintaining the brpader.emp([email protected]¢ct;JtOfihe'CJ_a.(ewayJ!cqnom.I~.Zane. and. Centre.

To p·rov}de ,ajra"rifewi1rk fOr.· I mpleftie·ntittlo n:

171

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Policy4:;'D:i


June6, 2012 Page 21 of 34

N~~··· ... , agara s Economic Gateway

The.Nfagara.£conomir; Gateway Zona and Centre·consists.o[-those e~vloyment lawfs ll'ithin the setdement areas oF the Cities oF ·~ho,rolc!, W~llanri, Po.rt Coll}oi1)Cj N~pgara Falls. and the- Tow~J ·of Fort ~rJ~. Thq f{i_agarfJ: l{cpt)qm.lt l';ateway tOne and Centre also fnclyrf~$ .Stratem~c Locat~r:mr for .bJYe$t,(f2eut; gelieral{y shown on Appendix "I' to this Amenliment J?mployment lalid Jrfvestni~n't'is to be collcentrated in StrategiC to.tatlolisfo't-in:V~s~~n't;--whtth a re-B Iu~ti"a tedBe!lerally on..Appe ndixi and are ·desCribed: ds: .

.. a) Liinds-.w1thln the BrockBusfneSs.Patk in Thotold;

.b) Lands adjacent to Highway 406in Weiland; <J Landsadjacent'to the Weiland Canal in Thorold and lands•ailjacen~to the

Weiland Canal andl!ighway 141iin wellan)i andPortCg[l)arne; ·a) LandswithiwtheFortEHe in.~astria/ .Pm'kin fort [Me; e) lqnds'n(!ar't}).~ ·W]Iirlpool Brif.'{ge:bord"eJ··cr,osstng-.rn Nid{lara ·pa.J.!s:::aiJd1'

Jj .l,al)dsadjar:en( tp the QEWtli Niagara}ialis. ·

~·and.s W.i~~ill ~he G~teway municlpalit~f3~ an4. w.fthih .;S:~~tl.~!nf!l1t.""WJ?a.s·. s'ha.l.( .ali;o.i>e.afocuSfori!mploymetitlaM.an(/developmeiii; TheStfategic.L@Itons for· .InveStment .are a jncus .for. flnandal .Incentives: through ·Cbmmuni'o/· .Jfhttr!lJvP,,men~.:Pian.~ 6t~·e.r ·qtdas .o/~mploY_ri2$tit wtth.ih:.1aeat ·milfi.'f~IP,Qilties: .and their Official Plans that are .within a settlement areashall'be recognized. as·i;ati{ViO)< eillpioyment lands. Tile /a)lds of the CanaWaif l;loitfl:.S{>eedwqy,. oshould the required Official Plan Amendment be appra.ved by the Dntai:io Munk ipa1''!31Jard, :iha II be consideredpartof the!iill!'waJ. iiconomkZane.

The:iiWJi(m,recognizes the .:fit Catharines Urban: Grgwth:CeW¢ as .the:!or;atiM for miijor•offic.e land. uses, Office ·uses Wlthin the'Gateway EMndmiC.Ziii>e:diJ4 ¢.eni:r~ ar:~ ;tO·:be li~"J~ed-ln slz.~ an.d.scppe_ tq en~ure·:.tl!e·rn.aJ9r. q./Jlq.~fl!-.n/;#q!I:.~Of ihi!" St. Cdthitrilies~ Utbdrr Gf6Wtli Centrfi'iS 'JnO.fiitclined· dnd'C'rih:dnt'ed ..

The:·~cfn¢.eptfo r t}i e :8 ro9·k B uSinMs P(lfk ReVi tq iiz.a tidi.i i $t.Q· c;ap1 tiiltie:.P/i market o ppo r.tun ttiesfor. research -and'd evelo pmen t ana: the 'Close .pr.oxlm'ltj-to .Br.ock ifnlwrsio/ andHigbWay .406 h,Y transfotmih!j th~ aNa ini:!J gn in ten rated; mlxed·use, campuswstyle settlng•Whlch Cafersio:lncu'bators, lrinQY"atol/ l.lmited o]Jic;e ~:Ses, an·d-related uses;

In ortl~rto·qddress:the chal1~nges,. tapitallte on oP,p.ortunltlna.nd·transform tHe concept tnto reaflo/, thefollowing,.tools will be·utillzeili . a) Pr.eparapon Qj a jqfr;t secondary plan to .coord.i_na.te if(tvelqpm.qn~· ·and.

refine, the concept; .h) Pteparatton of a public realm it)lprovem~nt ptogram• tir re,e.ner/jize ·th.e

.QhiU and attrtJCtnewfnV¢stm¢nt; . · ·c) Pfepdratlon of suppd.rti~!i plans for se!Vi¢th~ .il.iiil. transp.oitatian

(ihcludiniJ hcti.ve· tranSp'oftUtJOn. cind trahSJt);. d). Preparation ofurban-de.Sinn ouidellnes; an4

172

Pdilc)i-4.[).5

Pollc:y4;'JJ,6

9


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/o-~ N1agara's Economic Gateway

e) Updating relevant loealplans, pollcles, .. and zoning by-laws,

The:6mcepf[of.tbe.Hiybway4·o6 Econ_omic'§ateway is t.ocapltallze lin proxlmli,y.imd:access.fo Highways 140'and 406 byatiractlng.tndustries In tmflspott'fl.t(o'ti,. .. lo{J_I~ti_Cs/.i\fdr.rlhPt:ts!n{J;foadprqC_es.Sing1 qdvanced man u[acturing. and who/ esale trade· actlidt/es. .

In Ordrif':to:·aaaresS.:thir ch'allenjjesr:capit!ilize _Qn opportunities and'trdnsfonn the cqncept.i_~to reg/{t;Y, the follaW}}>IJ.!:ools will be.uti/ized; d) PcepaMtldh oja.md&tetpl.iin otS<icoir</aty plan to coiJrdlridte deveiopment

and-refine_ the:eoncl!p~ b) Preparation .of supporting plans- for servicing and transportation

(inc(uding qcljyetrqnspo.l't_a.tlon.0n.dtr:ans!1); c) Prepar<mtm of!li'b'an•deS(iJngYid<ilines; rl) Pr"~pgrqi)p_fl qfqn.J.n"l(r;?s.(rri¢rt~:·s.tr'(1t.~Bftil.J!ttr((t_~··target"influstrif}S;_atu:f;. e) Up<(dtlriiJTeiWabt ldoirlplims·anirpD.IIC!es:

Theconcept/anhtiWelian.ii'CMai iirlie~ Manufactilri@ 4nd AssembiyZone Is to:caplfaliZe,-mi_prox1mlt;y-and·access to 'the We11and"Catlal and·r.dauve. p,roxlmi.\J!. tir tbe4.@~meshighway net;Wa·tk ani/ rirll.lliies,by liie~ttjyliifja locatiOnforJarge:scare,green:manufactur.lng.and'assembly-industrJBs-and oth-erQ:eg_vy{oi(rJ.~~ffe.pVhtf;h /'1?(/Jllre:-:spfJt~i~N"ZGcf ~rqnspo;ttatfqn m_o(t$.; Rtic~Biltzi~g the. serv!oit?iJ_ tohstftr1nts;.:the-Rejfioh -IS suppOrtive of a tpanslt/o.n<il·appro.aob't;o devel0pment,,whli:~ mtahttndude dryin.duttrial de ver~p mi!.1it¢S"-tm inten.m--us¢\ ·

La rid' use _cQ ~patibJii!Y ·WitJr~p_ia~ nedfesJaenJiti.( de.V.ei.o pfnent. ht-:the Ddi n Cit;y ·orea..oftheClt;)':ofWe/land,is to be adhleved.and,WIIlbeassessedas part.of ,spCttjic dppi/cdtltms/4r-deveiopntent ofW;ii(s).t!>cthe Weiland Canal Green Manufiiciurlng·.anil'Assembly Znne. The Land Ose CompatlbllttyGutdellnes.of theM in iitrj of tnvlronm'll t(dritari!i) Wlll.~e, t.he ba$is for dete!minirrq compatibilio/.undJ<!qulred·mttlgatfve measures; land use compatibi/Ji:ystudles wlllb~ rpq;uiteqfdt}<i»<i.sln .the viointt;Y ofthebidn City cotnmuntt;Y In the C}t;Y ofWelland; ·· ·· ·

fri_iirdlJi iii d'dd"re.SS:,tbe. Clrci11d~iBes; cdpitO!izC on· o_pportunwes-·and trtui.'iform the,on~ep~ /pf!J repfio/i thefol/owtng toglswil! be utilized: ci) Pfep"i.kiJti.Dll D[d.f:i).dS:t£1' pllin,br S.ilcQiJCJQty:pfi:rit tO "¢oor.dtntite Gevi!lojJlhim"t

imdie]lne theconcept; b) Preparation ofsupporting·plirns.forservicing and transportation Including

any-EnvlronmeniaU'l'ssessment to provide·wdter and wastewater services to~~~-~~ {art.c!SgJ!_d"ln.Gri.til!hfJ ac_~iye .tr.~ns[iqrtatfon andtransltr

c) Pn'pi!M(Ion fi/~rb4n:de$I!Jng~ldellnes; rf) Prepg,•a(ion oJM lnv~stme•Wstrategy to•attr4cttar{Jet 111</listrles;, anq,

173

Paliepf,!).7

PolleyA:D.B


JuneS, 2012 Page 23 of34

Nl~'s Economic Gateway

e) Updatin,g·relevant local plans.and:pollcles.;

T.Qe-concep~Jqr the f.(;rt /Jrl~ Inr;fiitt.trlpl;Pi:Jr~ 1$ tq·p~pit.cf{iZe o.n m_atffe.t· opportunities for advanced-manufacturlng~_cross border=tr.ail~: transportation an{warehau$1n,g lndus.t;r{es. In order to d.ddres.$ .th:eclial!enges,,eaplt.al!zeon opportunities and transform the cOncept intO redllty, the followiilgitoo/swlll b~ Utilized: · · d) Implernen"tGtion oj' .the Master SetvtdriiJ. and De.veTOpmeht

Sa·at:egy jEnvtronmentaLAss.ess.ment Jot the .Foi'tBri'e /fldus.trta/.Pat/catid updating/preparation .of the following as needed to Implement the Developmen·t Strategy: J. Preparatl_on of ·a master plan or :s_~Je.o.ndi.:uy plan -to qp_wiH~late

qeve:Iopmen_t and tefine tiJe·'concep_t_r .2 .. 'Preparat(on- ·of sr.ipfJ_ort_ihg p]dlis for· $.er:Vlclng: ·qncf trqn_SppH;(it{Qrj:;

{inCiudiniJ-'_a_ctiveJr(lri_~~P,offatt~ri an~··tr.ariSi.t);; ·· 3, PrepdratfQn oJutfbdh:des!Bhdil1deline~; 4. Ptepai•dttah of.dn fiwestmilnt-Stfategy-tiJ,:attfd.Ct .. tiitlfe"b.liJduStrles; 5;. PreparatiOn ofastudy-area"wlde envlronmetitaUmpaehtu(IJ. tv assess.

potential opporti.mlties for wetland restorationj enhancement ·andcornpeynsatli"Jn "in ~Q.or_dinatiqn wt¢h· d~V~.fqp~p_en.t of t~_e ·[an.~$ .rmd··thf!: Envtrqnmenta(pp/1~/ds.cof m.tsP/iJm Md;

6. Upd at.ift[J -te1~valrt J.o.Cctl' (i.Ipns,, p.o1ic.ies- ari{i"~"tln f.n;~r.b y~lq,W.s;

The aonceptfor the Niagara Falls.Prtor/i,)I.InvesimentArea ts.to capitalize on ·market oppOrtunlti¢sjor.cro.'!s lxirder tra4c./i)iid~J!!ifl!!>y'aloi;atii:;nfqr seeure.storage~ wartiho using ·a nd·.Jo gisti csfa cilities. -(n cl~se:p_roximl tyJo·a bbrde"r. croSS/rig; These.lc(n(fs··inclu"tje.'t~t.:df'ed$ Wi~h).n ·~ne Nit.iiJai'a F'ql.J:s:: Coriimun"lty.Improvemeht·Pffin PJ!ot;Pi•Ojebt·.llrea, ··

In .t;irder:to dddfeSSthe: ehtJll~!Jli8S, :Cap! tdliz.e .. Ori oppdrUlnitiiS iin"d ·'ttatfsJoith: th~ con.cep~i.nta re.al.ity~ the fi?l{owjrrg:toQ.l~w.i.ll ~"l!:yti(li%~c!: . . . . a) .PreparatiOn Dfd master.pran or:secondary pldri to cooratnate d€lwi10pm.ent.

and.reftne the concept; ·b) Preparation of supporting plans. for· servlcing. and transportation

(includln.g active--transportation and transit);. cJ Pr:ep({ration ofur:~4!r9?sfg!I:BU.idliUf!e.SJ d} Prepqration of an tnve~tmentstrategyto ~ttract;t;prg~; (n~~S,trles; e) t/pdaUnj refevaht)oegtp[ahs; policies,,an~:ZQhi!l(J 'py •. l~\!J~

TMconceptfor'the Niagara Falls QEW Eus.lnessPark /s.·tmcapltalizeonlong. tehh oppartunltleefat busllie~ ai!d.~er>ilces In ¢.Jase;/Jt.q~)liJ'ity to 4D!J sedes highways focusing On -manufacturing, warehousin_g·a"nd.o·ther employment land:u~es.

174

Policy 4:D.10

Policy4.D.12

Pol(cyA,OJ~

'11



.~ Niagara's Economic Gateway

:/n . .order,tQ ·(tr/.(ftQS&.cQal_l¢rig(!S~·{:apltqi(z~ on qppprtu_nl~feS_(Inif transform thi'! concepUnto realil!y;, the [oilawinfi.to.olswilt beiuttlized: 'a) .Pr~parat/Pit of q nl'aeter,p}ofl or ~condmy plan to coord/nate·d~velap/llellt

cm!/,reftM tbe~;oncep~ b) F'teparatiP!t of sup;Wt/1'19 plans /or •selVic/Ji{J qlid transportation

(indu.dini! actl.ve:tfdrlspiiftdtion,and transit); ¢) Prepdriit/on ofurbandeslgh.guidelines; d) Preparationt?fan investment..stratem(to. attract targ_eUndustrles; e) l!jJdG.trno:-relevantlocal plans_; policies and zonlno.byMlaws.

where dP,prQjirici."t~, ·the~RC[Jio.n :ehcbli.rdB~S-in'tcinsificat/on on BX}Stin9 ticcUpi_ed erp~loY/Ileni: land!i(h,ouiJbi .a) wvai.Js/@ to·exl$tlf1ilempioymen't• ~se$ !mdjorfanil operations; b) cohYiifSto.h.Or:reU:Se cijeX.JSting_ J)il!Jdi·nss lrit(J.new emplOyineilt uses: c) Ihfti/Jnrf'Of.vacaitt.ldt'Swlthln.:eniploym~iit·areas;

-d) :Severance,or.subdivtslon ·of Jm;ger:em ployment properties-to ·accommodate new emplOyment uses;

The:.Jl.egJQhJ:iJ.cdt;nlzes·:tJie rofe·ih.Gt..t;Jte-fn(irket:plays in _determlntnttWhere 'ana:how rernvestment.onemPlbymen't-lands.wnl-occur~-.Accordlngiy; the Jieg!onWII/PriJ!hote.'fntens.ljlcadond[lt'S efriployment.lands byt a). Where possible, directing, denserformio{development, .Including 1/m.lted

of!!_q{ :txP-f!· !fse:s; .jntp s~t:gteglc. nqd~s· unit cot,ridf!rs and re~it_ali~a.t'ion: -we:gs;

b) SiJs.UfinB. thqt erf!ployltlf!!1blllPPJirtiilq tts(!S r~m:ain a_ccessol)' tfr the .pttn¢tple t~s.e.art'd [Qt.vs-pjart::_i;ite!::r.-Qs··set.out in-this Pianr

·c} Wh!?re, tippropitate; }ndihtdtnJng d'nd· Jit'OtecttnlJ -emp.JOyment tcmd· ~aesigna'tioils.on;DtO.wiifleld..siteSJriitn Inappropriate convei:slo.n)·

d) Enhandr1B: .the. aH:rac·ttveness of existing -employment .lands through: -Stra&gia. improvements to. re[JlonaUnfrastrudure, transportation, urban de>/gn a~d the pub/(c>realmrand,

·¢/ Working 'WJ.Ih the 'lo:c.al /JI.rin.fdpa]h(e$ .tQ qevelop sl;roteg~es errtplojment. lqnd4civ?l op/Jient whklrinctu<!espoiic)es for lntensifttaUon

The prln•lp/etoo[[orlmplemenmtion shall be local 0/Jiciol Plans andZoning By-laW~},oegl.OfficiafiPiahs $ha1Z.b¢ update.d tb r.eft.ectthe vision, strategy-and action.plan articulated fll th/sAmendiilCnti./t.lsexpected that the Reg.lon and .-l,<tcq) -ml:l n1t.fp.~lltier.w.1ltql~t;J' IJn.d~_t:{t;~ ke·-q_.y.grtety qf im rilemen ~ tfo n, J~em$, -itic'ludtn[i~. b'ri't:hiJt· flmtted;to_,Cbiilmuhity Iiir.P.rov.iJirier)t Plans,, secbt!da!yplansq_n·d;rn_tl!i_t·e_rpl_a_ri~ r(nd.fnfi:q:strUqtq r<tS.t#-4.1 e,s· and plans..

_lp -Jn9;it~q~~~- t11or~-:detai{e.c! s~·col)ifqry_ aFa·rJzas_ter:plarln·!ng_ h_a$· be~11: ·re.conrliliihded tD.facilltate diaf!Bi! and:developm·ent.. The-RegiOn will wof*

175

Pb'/lcj 4.D.14

Po/icy4.D.J5

Piilicy 4:D.16

Pdlicy 4:DJ:7

Policy1:D:i!J

•12



'~ Niagara's Economic Gateway

with local munlo!pallties and support secandary.plannlilg·e!forts within the Gtt~e.way, The tCrfrl$·ofrcfer.,d.ilc.efort1~\Al$~f;_D.JJ4q?'-p}ah"$ . .Otmd~_te~_-yldhS. should be.preparedjofn~!y,,Jn- a·:coordinated-manner to ensurtJ that key-area~,. i!lcl_u q ing· I (In d_.qse, :q rba.n-'4 esig n.Jb e.!evyiro n_nvm_t,.p:h_os(ng.ofPevelopm~n.t; tnfrastructufe ilnd-trdnspi:JrtdtlDit are,adetjudtefy QddresSed.

The Reglonwlll prepore,d Gateway 'spe¢iflc.Commun!ty /IJ)ptovemehtPian to attract fnv_estmentontQ .t~f} emplqfme.nf.:tai!4S Wl~~-ln· th(! Gat~\fay~ ;The Reg tori e"nCOU.T'iijjas.Locdi.Aroa MuiiitipaJities"td.de.veiop. Ciiriirriunity lmpmvement Plans fn 'accordance-witlrthe-l?'eg10ri.'s-Communlty Impr.ovement Pla_n·to riwx.trili?'~ fnten_ttves_(ln.Q'pr6Vld.¢·_Cd_n#$te!it:ppJJ.drt~!.iftrris.for Investment ·- · ..

The: Development Pemiit System is·(In addifiQhdfimjJiernentiitidh'tb.Of.-thdt may be u·~f?."d t.o a_ch.leve the R~BfdJi-'spqals; abje~t{v¢s· .. ~nr:f:pPiides·oftlli$}?lari anilt/ie locallffunlctpal O!Jlclal Pldtl~ The DiJVelopmehtPerriiltiystelff Iff lntende<;l:to be aflexl~litplapn(i!g >o~lwhi'b to,tr>f!ine.szanMl iJ!id sfi;e•plan control cftid .minor· varJd/l'ce I rita· one:ptacess-and.:rs.--a_dmlnJsti:frfid-.by the to· cal. m.u n icip-ql(ty. 'M qgq_t;a -R~otP.IJ; ~IJ-ppqrtS·. ih.f! ,USf!'Pf:~_e-?fe~efq pw..en.t:p_f!!7Jlit' systetn.-Jn ihe-B-atei».ay.-and Wili.de:v.eiop::io.tdi model·d~V.el opin8h't. per.m.J t: sj.~(errrpplitJ~$.lqr 0~ 6qte~f"Y·

The Reglim'recagntzestlle tmportanceofa)femployment'liind~ lltiM.Refi!On: Accordingly,-the Region .wlll:prepare· a-slmllar:.Strategyfor.-employment lands· out:Si& oftHe Gateway'(and:S.

The. can vet~ipn: of Jim p{pyt;teli tl!reas .)q ri!liihall b nif·be·¢on$l.d.ered'throuoh,a municipal compi-eheilstve review-pursuant to the,provlslons,ofthe.·Gmwtli Plan for ibi? Gi'eater Go[(!enflorse.sho.e .. ln tbe caswo[~·dciWn.t¢Wn a(:<1~·ara: rqgeheration ·area; con·versidns-shall b8..cohSideYed:th~:ougJi ii compr.eheriSive re.vit:wp urw.a n qQ, tfl.e,prQ.V (~10 n~ -~ltb.e _Pro.vl.Tgo_(qi-)>p,J fey .$f4t:q,rrum t

Tbe.Reglo.n wl/1/denti/Y transportatj.on lin,pro~eme~:ts and .. upgrad~s r¢qulre<i to. sup po1.t the N!<I!Jdhi ca·tewiiy E"!plofinentMiid~.strategj;. Tlimsp.Qftat!on Improvements sk.ould. be ldentiJledHlroU[Jb ~Y9ll!Prebensi.ve Ga(el'{ay-specljji: tran_sporta;tio'n_plan which :exariliries th_¢_Jje¢.Qs-for:-a) Road· and-highway .J-nfrasir.ueturei. b) Iiailtnfrqsiruc.tvre; c) .BorcJer dnd)Jrilfo.t: croSs.if!B lnftw;trtJ.ct.U,re; d) The maJorP.olt.as tqendfled lfl thi{Proyinclalliti!WJ;ii Planfi!r .th¢.Creater · Go/d~v)'l(lrs:ehoe! ·

e) The WellalfiiCa!ia/,dndpoit.lnfrastcilctarej J) Transit; and, g) Active transporiatlon,

176

Policy 4:D;N

Pbllcy.4.D;2i

Policy 4:0:22

Polii:y 4;D.23



N~. 1.agara s Economic Gateway

The, Reg_ton wilr .confirm the Regional infrastructure improvements and: uewades rq~Qired' to ·support :toe Niagara Gatewqy Employment han:ds Strategy .. Improvements to .Infrastructure were generally identified through· Jh~ Qa_tewqy,,fJJrip,loymenl$·f;.qnds Stu'dy, butshould be conjlrtneitthrough .tae Reg lim's .M dstei'.Servlcing'Stui!y dlid examine< a) W4W supply: .bJ .RegioMl wate~•dlttribu'tiofl'ne.twork; cj Sail)tarysupp(yo(woste.wa(er); dj Regional smiil'arysewer'dlstrihutloh network; 'e] Sto'i:mwater;.-an4 /) Oppo:rtun!tlesto.iiJ!p/ysu.st:altiiiWaiJdsreen tnfrastructuresolutfons,

LQcal mun(c,lpailtie.< ll'iifd.evel<ip phasing strqteglesfor vac.afi~ un-sehifceci empToymendGnds.-iPhasin,gstrcit~gtes shOuJd.be prepared at the time of either local 6jJitlai plan. r.evfe\\'SW"infrastrueturemast<1r pl.al! updates: and aiso pe :pafhofHrOadi!r,servictriiJ}ttategreSwhich examine phasing.Jor development; Prlor!ty ~i!!'~e given in phasin{].pi,an~for fir~ .lands wlthil) the urban.gr~a ··vMt an~fullj'or·partiril/Ysi!NicM, subjecttofullseMting b.elhgpro.vJded, The ."S(!_Cqf!d.prto rJ t;Y. ~U f'br;:fQ rva.cant, .. :tmservt c_ed·.lands wnhl.n- the .u rb"an-a~a.

"The.,R_eg{on·.and'l0cal-munfdpalitles will-align;fts capita'! planning for new· tnfr.ilStfiJCt~:a~e ll/f(hrtt.n$fJCiiti1tiQ.iJ w!th the Stio,telJi¢-Locq.tfonS fo.r·lp_V~$.tn.l~ht ldentlfted/nihls·Amendmenb An acceptabl.eflnancia/.strategy.must'be· prepqr.edaiid ltpprl)ved btil•(!fr!lldiCq~il'¢1/for·the ptov(S(on ofRerftonal :tnfr.O.sh·ucture. '

The·Rel[IOil . .wi 11 ·enc:O ufqgfi-rirOsS border tra"de. through: _q J .$trategi.a-.ihlprqvcm ~·nts.:t.o, f?,eg_lo_fldl infi'o,structur~; b) 'Working with •the'Proii!n¢e• an!l the .F.ed1!ra/governments to lrriprove.and

upa.rcdie borde.r.·r:tPS#l'ip·ihfrdsth!i':fi!!Ji; i} Ptepaliutidn ofd R1!iJldhdlgaod~ mdVement Strategy; d) Examining. 1ssueil· imd <ipporiunltles for cross border trade with the US;

and, eJ Examining, Issues and opporiunlfiesfora Niagara Free TradeZonejExp01t;

.PiStr.:iQU~fon Zon.-e·wfth(q i:)Je·f{iQgr,Ira E.conomlc Gatew~y.

Tlie. R&fjidn- will cbhL"lhue to wOrk the Federal, .Pf:aVInclal drid' loCiil government.~; the priva(e4e.c~or and: oth_er aaenctes i:o attra.;;t-.ln.v.es.~me.n.f: '(n~· :NJayarakEC.ottOfnid:·c_atcw.ay._

1}5Utl$rtl.. ~$e$· an..d-t6.U.ti.sm et_O.~QihiC aevefppril¢nt iS a :pr~Ori.tyfo.r th(!: HfilsJqra' .Economic Gi:iteway-.Zone.,an~,Centre. Tourlsm_focused lands··are not·-ldentfjled Pn a. mQp :as. .they ttre b,i'(J.a.d.lj·thrpug"h the Gateway Zone_ anti C~ntr~ Jri. $udr areas-:as· the- Niailara River- Parkway, -the. Nia9ara FUlls ·Tourist Areq, toufism ,tf.i'CP$. in. Fort: )?r.~e; :pn_l(: -aiQng -th.(!.- ·WeU.ana canal,- TransltJ: Qppor_tunW?s]ot .sttetigthehirl"[i the.tOutfSm ecO_iwm,y wlll·bepursued.

177

Policy4:D.2!i

Policy 4:D,26.



~ Niagara's Economic Gateway

C.cmd. u:s~_ ·(:Oh!P,iJ.tabil{f:Y wlthih tlie· Ct;rt~Way. _'eco_norill( Z.on~ an(l "(;e:ntr~ i$ .a prlmaryJocus- of this Plum ·Tourism _uses· within the· Gateway mun1clpalitfes shall -"Qg lot.ate.d, _tp .ens.w:~ .the pjgn~)~djcp)_c~i.Qn of' ~mp.Ioym.en_t: .Use$ on... employmelitlandsshdll bemaiittdinedan.d:enhanced,

The .. R~gii:m: .Will m:onltor 'itnp'lementtitibn' Of:the·, Gatew_iiy-.Eciinoh'ii6· ZOne- tmrJ Centre _and =r.epOJt.-On:.i.and d~v!f}9PIJ!ent·:-Widjob _ qgal;fq~ ~ltbl~:-5hf· kc(t~ay. Every jive yearS. the. Re{fiDh_ Wilh.m·dertcikC.ii..fBVieW ofth'e_-Gateway-:poiltieS.::to assess growth, developmen~ rand:budfJl(; and.pollc;y fmpli!menta't:tom

Part II Section 4.E: Rural Employment Lands

Introduction

:The Rural Employment Lands des{[jnatiiin: is intended fo·r /Crnds. thdt by tM Jtature .of their e.ilstlhB _f1e~e10pment. are- otJtii(ie the f/rQan :Areas. Pou.nitqrif!s ·of thcr keQtori.)$ Sf!ttlem.en.t m~eq_s:jet" hp.ve e_~i$tiriiJ employment uses :ot-ClusteJ:S f!fexlsting empiO,Yi'neh"t ·u$eS, ,Within :tHe Nitijjdt:tr Scoi.it?mJC· Gaiev(ay ·Zone and Cenfre, strq(eBic' rural employment .ar¢a,~ :J1~ve been [den lifted ·ar thfr b.asls 'Of ifxls ttng<IOCiJ i .iiluri'i dpd l- Ojft Ciil 1- PianS:(inc(Id nd: use d(isJ[}_tw.ffo'ni:.

ObjectiVesf6Mura/Bmpio_vnzent~i!rids

Ob]ectlve4:E.2

Objective 4:Es

ObjettiV/J 4.E,4

Toldentlfy,a Wlii?[JyforrurM:eiJlplo.fmendanris t/iafsupport:, ag:tieu}M·~ as the.prlrnatynon-uf.Han land use ..

To s"uppoit·_·:the rul'af.econbrriy-aild. the Cijp'ICultur.dl.i?.c;ono·my tbrou(JIJ lihi'lted, roml employment lirn<!s !hat i)q)imq,· Job cr.eation .acrOss NWJara Wit~: sustitiril~if the nt:fri-utb'dtdand;base,.

To supportsustillnabl~ private seli>ltlhi! dftiii:d(employment lands:

·To en.~Ure that rardt emp'loym.erit 1an.(IS· are Jlmt.ted in "Si~? and Sc.al"e.· to .maximize.supportfor agricultural·and,rura!lands.in the long~term

POlides-for·Rural.EmploymenfLands

Polley 4.E.1

Policy4E.2

Rural.employmeflt I a nds:iriay ori ()< .be lden!lfl ed;.thro ugh an Anfehdinen t.tb . thls Pian: Md m.ust/;>e .speclflcal!Y i4e.nti]ieil. on,: a. ,IJ!ap w p Schedule to th)s)':lan. Addition of newRural. Einploymeiii!Mnasshalr only 'be considered ds•piitt df a munii;ipa}ly .~n{#at~d l!Q,rJ}.Pr.~~lmS("!'li! :revi~w ·(Jf-~mp.lpyrn.~!lt)anct~ ·~y N_lagO.r.a. Re{/lon: Md shall /ul}lll irll reqiiltem·en.4· ·P/ •t/zls Plan with r@ard m ·c.on~pre.henslve re_v.iew~~ · ·

Rural employment. lands Shall" be· considered ~~dry iniiustrlaf.»··and are. to -be ser~!_ced. thro.ugli slisqiihdblf p-r,lv.~.te:s{]r~~c;fila:pf!.fY,

178

Poli<;y 4;E,3

Po/icy.4;E,4

Polity4;1!.ii

.Policy4:ef



~-Niagara's Economic Gateway

Detailed land uses shall. be -Identified In the weal Official Plan by way of am~n.dment to the Lpcq} {Jfficlal.Plan. In a_ll cases, uses- shqll }Je co_mpgt!~Je· ~!t{_l< adja~ent aoptC.u_f.turaf yses, plann(!d aoricultura_f use$ and sQafi !1D.t .nef!attvel)'.if(lpac_t not:mclt/ann operations,

Rural':empl'Oyment lands are:not part ofa SettlementArea~

Ma,taf.'Nmilanltrestdil!ltiai ·uses are not permltre.d within RuralEmp/o,rment. A~tis.

·Theenvlronrnentqlpoltci~s-of this plan shall app!J' ro·tlie;developrneni of Rural Emp/oymeht.lgnds,

Lands.tilwWn oh.Sr!he~uie "3"ofthlsAmendmentas}jelng removodfrotnth¢ "Deferred UrbdnAtiiG'"Stcitlts·are landS--that dmou"tSide:·the-Urban Atea= Jio ~nil a r;y,.Jocati'r/:}M~ e' G/iy of Port qol/io me, The lands desiMaf!!rJ 0s ''l!,ur.qt ErilployTileiltLands- GillliwaySpeclal Polfcy Area" on Schedule "2"-ariuubject. ip,th_efo/lo~flng po!l~l~s; . ci) The ·tmri~poftadon ·infrastructure of Highway 140· Is a uhlqui•

·c!Jcii·aCteriStft: .ofti'aflspo;tatioti ServiCe forthes·e.tandS;-\i) !fses s~a_l./,.be'Qn!J'-:phose which are considered,to have. minimal Watet.ani/.

Wastewa.ter ,req«ir~nrents, The lands maY .be ,eJigl/ife fo/ fq,(!jre: 1Tt.u·ni(:ip.aiiy. pfQyi_{Jct{ wat¢r and waSteWater- sefvfce_s: $Ubject._ tQ Jhtf fOJnpl'¢oon of:tbe, ongoing 8nvtmnmenml Assessment for th.e Wellan:d canG1. Gr~n Mcrmi[acttinnt}.zone.areat

a). FuriCtloniil ser.Vl_cirijj. r,ep6tts:dnd hydroBeolog)cal rejJoJ;ti; -at .a .inlnlriwnj,; shdlf.'be .requlr.edc:to.support· these uses. Additional -st·udfes, as outlined :In t}j_f! '¢t;~_mp(~~~n~ppfi~crtton_·p_qlfciespJtliis.Pla_n,:.?hal.l a,lso ~e require¢;

'd) 'f~e}a.nds~hgll,k§UhjecttoSite Pla_n Control:a!idthe Ntagara.Reglon\fl/r fJp.~lfP.Jll~~cf;t!~l$ft_e Pftlf! CoJitrol. app]fcatio_tt$;

·e) the 'ianils ar~ Jil• the ~leiniiJi o/the l)ain Cl~y area In tl•e City ofWel/and ._and'thil Af!plic.dbleporttorts of Section 4, D red4tdl ng}and ·use tohipatl bilttt requirements shall.app!J';

f) Lands 'thiit- cilinprlse- 'the Babiori Woodlot will be subject tb ,an -Envfronmental.Jmpact·Statement which ·wflf·.conflrm the boundarif:!s,of'the Woodldt·and the Provlncial!Y Significant Wetland, Upon approval 'afthe Envfr:pnm.eT{tQ_l_ (inpqc~- Statenzent1 the 'W.ii"m;flat ·qn¢1 Wet(W(d w.JU .~e#ilgn.a_ted' as ':iinWronn.wn.tal protection .Area' In :(h)s' ,Ji/an; \v!thoot fim(lwam~ndmeht',tG'thls-Plmi. ·rhe balimce_ rif !ands,shall be desi)J!latiJd, ''RumiimpioymentLan<fs- Gateway Special Pciii.cy Area" wit/)biit [uriher amMdment}jj thfs,pian.

179

Polley 4.E.B

Pi•llcy 4£.9



··-~ Niagara's Economic Gateway

g) Should the.land1wdget> completed as part of dw Regional Comprehensive R~vfeWi at;a:fl.!.tli.re-jiy~.y~qr r¢v.ie.w o{th~ R'e[i.Jgn_qf-Pql(cy FJqn;·_estabUsh ~lie neg_d {m· ari.d]tiDf!_a1: urb_am ~:?_mpf.q,r.me~~-[_a{l.d .ii1 the .Gqteway, prio.rlty wfll.be qtven to th~ f]qteway Speci«Uolicy area)dnd~ thatpre.p,hy!ilcally contflJUQ-us· tp urban empi.aJftie.nt ·tan.d.~ tn_ -t!J,f!_, Cat:ewqy ·to be.Jn·dudftd in the ut'kqn aNaiid tith.e. e/lgtbiejor ufban.servltfng; ·

Lands.sh.oWn Qrl.Sc!ied~le ;'i" ojth.ti:AI]lfjtiilm~J.1td$_;rfiripiOymenl·iand~that.itf<J ·outside the Ui:banA'rcw Boundary,Jocale~ ln the City ofT}mrOld.asowelt as· Spe'cla I fio (tcyArea 'B' as /d~Q tifted lfltM City o]Ntil!Ja ra Fails 0 ,tjlct a/ .Pian, shallbe.i/assij)ed as·"Rura[ lfmvloyment Lands"; .In this regara, the following pallcle!i. w!Irapp/yJ a) U~e~ s_hqU.ke only:.tho_~e.- whl.cb.-~are (;o_nsl_d.ered.to. hcwe-·miry'imal. wqter and

WP,s~ew.Qter .reg u! remE!.fH:S{ .D) F~"tli:;t!O.nal :ser~tcfrig: repoi:tS.:tm'ti hydrogeP!o;gJCa{ fepdfts; a_t a :nilrilmiim,

shq11 be::rPqWrdt~~- suppv:rt·tb(!s~_-4S_es.; · .AaiiJ~ib_na/:.stuiJie~~~ a~ :d.q_tliaed ln. the Conl/)li!te,oppllcdnbn'p6lli:les•o[this P/iiflishall also Mrequlri1d;

c) The.ldnds shdll be sulije¢t.ti),Stte Plan CoJitrol:<indJho Niiifi.ara Region wl/1' be. circulated. all: site Plan Control applications for Rural, .Employment L!Inds In the GatewaY!

Thefo.lloMilif policles.sMii aJWY wt.thlii 'ilie N:t<(cjtiJ.'a: lkohol111io Gateway Zone and' Centre:

'11J NewRufa/ EmpioynMit iand~.Wili d1i!f. be added totht!iplan liy way of afi amendment to tmi!Leini!tit .tfie· Regional Cotnpreheii~tve· RevieW. Lands must: be physlcdlf.Y ·contiguous 'to Ga'tewax Urban E~ployment L'ands-.to be .. consfdered for Juture:-Rurali Employment land designation as paftofihe R~glonal Comp,ehenslve Review,

b) $hpu/d (he land budge\ ·completed as par( of the- Regional tomprthen'slv.e· Bevlty,; at ·a Nture flve.year review of the Regional ·~_o}iCy Pir:fi11 e~tahlish 'th.l;.-n¢q.d forddi!?.tibrtal:. l!.fban fff!1P}{?)'m¢.11~:lqnd_ In tM.GateWay, prionty:wili'be:gtven' to Rural Emp'loyrnentlands that. are·,phystcaily conf/fiiJiius t~ utbon employment/ands In ·tne,Gateway "to:b.e .lnciluded In 'the·urb"ari .. ai"ca.

Part III Section 12: Implementation

Pollcy.12.72 Is amended bydelet!ngthewdrd~ 'wlthlli the Urban Arecl'BouhdtinM':

Pact:W Definitions

'16

180



,~. Niagara's E.co no m.ic Gateway

TheJollowlng:telitisadded.as theprecamble to the Definitions Sertlon ofthe Official Plan for t:h ~.J~ita~ara .P-l~:Qi:ng.Ar:~~·: . .

• b~jlnition~ 4.r.d(:,te<{/n l!.liil!abei!~aladier,. Numbering of definlt10n.ti~provlded. to a~lst the· reader: 'the liuinberinfi dbes'ndt constitute part of the Official Planfor·theNiaaara Planning Area."

The'fol/owingcd&j;nition is added totheiO!ficialPianfor theNia!Jara.Plrmning.Area:

ttR"t!{j_'Enififcitibfi:Atea ~ mea}Jstin ilf.B(l identified, through d rhunldpai cDmjJreheiisi've revle.w:pf"emp~{?yment landS~ as nn area• in tri:nsitton,. with vacant:1GndS ani/jorhulldings·thatm~e·ln "i'ie¢d:offtiVltblita ~ibfi~~Wh'J9.h.m.a.vrea.eveu;p;Jor i)o t.l-empl oynren~ 1qnd 'fl$?S. :Thes~. qtea$ !Jidj 1 n:Cli.ir:fe· bro.wf!jreta-'cwogreyfidkfareas. A ·regeneration area retains an: emplOyment designation uni:il.such·time i1 S:-th·{Rf!(J}Qf! :Qr are·c:rmun i¢1 p·al/ty· ln~ t(a_~gsfu tther $t"ild1e~. t_a deterfu.ine.:_th e-:.ap/>rapri ate·,p {terri at~.v:~sfor-:non.-employment'/ana~usis._N

181

·~-·

......• ,i ---;: ---,-- ,,_.,. __

. -- ---~

182

z Q

~

I z

. ·-<>· .

' H

183

z 0

g •

I z

184

Schedule 3

'•. \.~~'f. .

REMOVE

.,

& • . , .. ~ ,/

'"'

~ "?.

" ~ 0 ~

' ·i; ,

s '" ~ ~ .::: ,,

Legend

CJ Urban Area

" ':: r;: 'J, t

~ b."::



~ Deferred Urban Area To Be Removed

185

!

I ,,

I

/,

186

POR. T COLBORNE

CITY OF PORT COLBORNE REGULAR COUNCIL MEETING AGENDA

MONDAY, July 23, 2012 following Committee of the Whole Meeting Council Chambers, 3'd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey


2. CONFIRMATION OF AGENDA


4. ADOPTION OF MINUTES (a) Minutes of the Twenty Fourth Meeting (Special) of Council of July 9, 2012 (b) Minutes of the Twenty Fifth Meeting (Regular) of Council of July 9, 2012

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION


8. PROCLAMATIONS: Nil.

9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES: (a) Minutes of the Mayor's Youth Advisory Council of May 15,2012 (b) Minutes of the Heritage Port Colbome Meeting of May 9, 2012 (c) Minutes of the New Community Centre Advisory Committee Meeting of May 15, 2012

10. NOTICE OF MOTION

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS (i) By-laws for Three Readings

12. CONFIRMATORY BY-LAW

13. COUNCIL IN CAMERA MEETING

(i) Motion to go into closed session

That Council do now proceed in camera in order to address the following matter(s):

187

Regular Council Meeting Agenda July 23, 2012

(a) Minutes of the Closed Session portion of the June 25, 2012 Council meeting

(b) PowerPoint presentation from Cecil Vincent, Manager of Special Projects and Corporate Strategic Initiatives, concerning matters impacting the Sugarloaf Marina, pursuant to the Municipal Act, 2001, Subsection 239(2)(a) the security of the property of the municipality or local board

Note: the PowerPoint presentation will be made available at the meeting.

(c) Correspondence from Monique Atherton, Solicitor, Sullivan Mahoney LLP, dated July 6, 2012 providing legal advice concerning Nyon Fuelling Inc. pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board and Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

(d) Confidential Chief Administrative Officer, Special Projects and Corporate Strategic Initiatives, Report 2012-4, Subject: Legal Matters Concerning Correspondence received from Nyon Oil Inc. in Respect of Direct Access to Highway 140 for the Northern property, pursuant to the Municipal Act, 2001, Subsection 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

(e) Verbal report from the Director of Planning and Development regarding the sale of a portion of the former· Humberstone Shoe Park lands, pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board

(ii) Disclosures of Interest (closed session agenda)

(iii) Consideration of closed session agenda Items

(iv) Motion to rise with/without report

14. DISCLOSURES OF INTEREST ARISING FROM CLOSED SESSION

15. MOTIONS ARISING FROM CLOSED SESSION

16. ADJOURN

188

COUNCIL ITEMS:

NOTES ITEM DESCRIPTION RECOMMENDATION

VB BB RB 1. Notice of Motion, Councillor Steele Re That the City of Port Colborne Alcohol Management Amendment to the City's Alcohol Policy be amended to provide for a four drink limit, rather

AD FD YD Management Policy concerning the Two Drink than a two drink limit, for any one purchaser at any one Limit on Alcoholic Beverages per Patron at time.

DE BK ws Special Events

(Notice of Motion was given at the July 9, 2012 Council Meeting)

VB BB RB 2. Department of Engineering & Operations, a. That Council recognizes and affirms that access to Operations Division, Report No. 2012-23, clean water is a fundamental human right and calls

AD FD YD Subject: Participation in the Blue on the Federal and Provincial Governments to Communities Project enshrine water as a human right in Federal and

DE BK ws Provincial law and calls on the government of Canada to support the recognition of water as a human right in international law, and;

b. That Council strongly supports the supply of public drinking water by primarily government entities; however, council also supports focusing on the provision and implementation of clearly defined and controlled standards for how drinking water is provided . and ensuring there are severe consequences for non~compliance; and also calls on the Federal government to fulfill its responsibility to support municipal infrastructure by investing in a national water Infrastructure fund that would address the growing need to renew existing water and wastewater infrastructure and build new systems, and;

c. That Council recognizes that water provides a healthy alternative to most other beverages, and as such, to ensure residents and visitors to the City will have the option of making a healthy choice when in attendance at City facilities, will whenever possible, provide easy access to municipal tap water.

VB BB RB 3. Department of Engineering & Operations, That report is presented for the information of Council Engineering Division, Report No. 2012~24, and no further action is required at this time.

AD FD YD Subject: Information Report - Killaly Street West Reconstruction

DE BK ws VB BB RB 4. Department of Planning & Development, That the Council of the City of Port Colborne adopts the

Report No. 2012-56, Subject: attached Draft By-law to require pre-consultation for all AD FD YD Recommendation Report: By-law to Require planning applicaflons.

Pre-Consultation for Planning Applications DE BK ws VB BB RB 5. Department of Planning & Development, 1. That Council authorize the waiving of 50% of the

Report No. 2012-58, Subject: Community planning and building permit application fees as AD FD YD Improvement Plans - Planning and Building established in By~ laws 5718/149/11 (Planning

Fees Grant Programs Fees) and 5817/72112 (Building By-law) for DE BK ws properties within the Main Street Community

Improvement Plan project area, the Downtown Central Business District Community Improvement Plan project area, and the East Village Community Improvement Plan project area, as amended.

2. That Council authorize the waiving of 50% of the building permit application fees as established in By-law 5817/72/12 (Building By-law) for all properties designated under the Brownfield Community Improvement Plan.

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Regular Council Meeting Agenda

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8.

Department of Planning & Development, Report No. 2012-60, Subject: Proposed Swimming Pool ByMiaw Amendment

Department of Planning & Development, Report No. 2012-61, Subject: Beer Store Trailer- Lease of 105 Main Street West

Department of Planning & Development, Report No. 2012-52, Subject: Parking Control Devices

Delegations:

:>- Gary Talosi and Mike Hopper, Members, Downtown Port Colborne Business Improvement Area Board of Management, may be in attendance to speak regarding the above report.

July 23, 2012

That the Council of the City of Port Colborne approves the proposed amendment to By-law 4843/68/06, Being a ByRiaw to Regulate Privately Owned Swimming Pools, as follows:

1. That Section 4.1.1 (ii) to By-law 4836/68/06, as amended, be amended by deleting the following:

"An in-ground pool may be located In an exterior side yard."

2. That Section 5.1.1 to By-law 4843/68/06, as amended, be amended by deleting the following:


and replacing it with the following:

"in accordance with By-law 5817/72/12."

3. That Schedule "A" Fees, to By-law 4843/68/06, as amended, be deleted.

That Council enters Into a one month lease agreement with the Beer Store for the temporary placement of a mobile trailer at 105 Main Street West.


1.

2.

That this matter be deferred to the 2013 fiscal year and that there be no changes to the current status unless the Business Improvement Area (BIA) is prepared to pick up the cost of sign age and bagging meters (unknown cost at this time, staff strongly recommend removal of the meter heads rather than bagging) plus the loss or revenue estimated to be at least $10,000 for the balance of 2012 plus 65% loss of revenue for fines attributed to parking meter violations estimated at $3,000 ($9,000 annual x % loss x 65% attributed to downtown meter violations);

That the downtown BIA streets be regulated for a maximum two (2) hour parking and appropriately signed for 2013;

3. That meter heads be removed for 2013 and maintained intact for potential reinstallation at the end of 2013 if the test of free parking fails;

4. That enforcement of the two hour time violation be on a complaint basis:

5. That staff be directed to discuss parking enforcement with the contract company with a view to possibly reduce costs dependent upon the number of complaints received; and


190



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Ontario Municipal Board Re Memorandum of Oral Decision Delivered by J.V. Zuidema on May 28, 2012 and Directions of the Board -Nyon Oil inc.

Region of Niagara Re Complete Streets for Niagara (ICP Report 67-2012)

The Music Depot Open House and Street Party, Sunday, August 12, 2012 Re Request for Road Closure

July 23, 2012

That the correspondence received from the Ontario Municipal Board Re Memorandum of Oral Decision Delivered by J.V. Zuidema on May 28, 2012 and Directions of the Board- Nyon Oil Inc., be received for information.

That the correspondence received from the Region of Niagara Re Complete Streets for Niagara (ICP Report 67~2012), be received for information.

That the Council of The Corporation of the City of Port Colborne approve the request of Morgan Whelan, The Music Depot, for the temporary closing of Fraser Street from 10:00 a.m. to 8:00 p.m. on Sunday, August 12, 2012, for purposes of The Music Depot Open House and Street Party Event and the City Clerk be directed to present the necessary by·law and to notify emergency services;

That such approval be subject to The Music Depot providing advance written notice to the owners of the propert'1es served by the section of roadway that will be temporarily closed;

The applicant shall not block or occupy the street with any equipment related to the event before 10:00 a.m. on Sunday, August 12, 2012 and must have all related equipment and supplies cleared from the streets no later than 8:00p.m.;

That a certificate of Insurance showing a minimum of $5,000,000 general liability coverage and the City of Port Colborne as an additional insured for purposes of the event, be filed with the City Clerk;

That a temporary Noise By-law exemption be issued by the By-law Enforcement Division for the emission of sound arising from the entertainmenVactivities for the Open House and Street Party Event on August 12, 2012;

That the appl'lcant enters 'mto an encroachment agreement with the City for the purposes of the use of City property by obtaining a general encroachment permit issued by the By-law Enforcement Division;

That the applicant work with by Building Division to obtain any permits that may be required;

That The Music Depot be responsible for coordinating, attaining and setting up barricades and slgnage relative to the street closure to the satisfaction of the Superintendent of Public Works;

That the applicant be responsible for any costs related to the supply, installation and removal of barricades, sign age or other traffic control devices by Public Works; That should there be any damage incurred to the grass, parking lot, road, sidewalk, curbs, or other City property, the applicant shall be responsible to pay for any repairs necessary to reinstate the area to its original condition;

That the applicant shall comply with all health regulations and obtain approval from the Niagara Region Public Health Department for the serving of food at the event;

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Continued: Music Depot Open House and Street Party

New Humberstone Speedway Request for Temporary Extension of Current Liquor Licence Re The Molson All Canadian Championship, August 5, 2012

Memorandum from Robert Heil, Chief Administrative Officer, Re Entering into an Agreement for Naming Rights for the Skateboard/BMX Park, Lock 8 Park

July 23, 2012

That the applicant shall ensure that portable fire extinguishers are on site and accessible for purposes of cooking;

That the selling, serving and/or consumption of alcohol at the event be strictly prohibited;

That the applicant shall comply with all other relevant By-laws of the City of Port Colborne.

That the Council of The Corporation of the City of Port Colborne not object to an application for a temporary extension of the proposed licenced area by Bob Davidson, General Manager, New Humberstone Speedway for The Molson All Canadian Championship Event, on August 5, 2012, all as described In the correspondence from the New Humberstone Speedway;

That the event be approved, subject to the following conditions;

a) That the applicant work with the Building and By-law Divisions to obtain any permits that may be required related to the event.

b) That the Tent must comply with the requirements of the Ontario Building Code.

c) That Portable extinguishers must be present whenever cooking is involved.

That the Council of The Corporation of the City of Port Colborne enter into an agreement with Algoma Central Corporation for the Naming Rights for the Skateboard/BMX Park, located at Lock 8 Park, Port Colborne; and

That the City Clerk be authorized to present the appropriate by-law at the Council Meeting of July 23, 2012.

That the resolution received from the Town of Tillsonburg Re Business Tax Capping Reform, be referred to the City Treasurer to provide advice concerning the impact on Commercial and Industrial Properties in the City of Port Colborn e.

That the resolution received the Town of Niagara-OnThe-Lake Re Request to Investigate Creation of a Municipal Conflict of Interest Commissioner, be received for information.

192

Regular Council Meeting Agenda July 23, 2012

BY-LAWS COUNCIL AGENDA ITEM 11

(i) By-laws for Three Readings

.. · By~lawN.o: 5831/85/12

5832/86/12

5833/87/12

5834/88/12

5835/89/12

5836/90/12

5837/91/12

5838/92/12

..... s . .c~·\ ;.··... <. o · > :',JJtle :,.· ;,. ·,. · ·.· .... ··.··•· .·· ··· c> ··•· ... ·. <

Being a By-law to Require Pre-Consultation for Planning Applications

Being a By-law to Amend By-law 5718/149/11, Being a By-law to Establish Fees for Various Planning and Development Services/Applications

Being a By-law to Amend By-law 5817/72/12, Being a By-law Respecting Permits for Construction, Demolition, Occupancy and Change of Use, Transfer of Permits, and Inspections

Being a By-law to Amend By-law 4843/68/06, Being a By-law to Regulate Privately Owned Swimming Pools

Being a By-law to Authorize Entering into a Lease Agreement with the Beer Store for the Temporary Placement of a Mobile Trailer at 105 Main Street West, Port Col borne

Being a By-law to Temporarily Close a Section of Fraser Street to Vehicular Traffic for Purposes ofThe Music Depot Open House and Street Party Event, August 12, 2012

Being a By-law to Authorize Entering Into an Agreement for Naming Rights for the Skateboard/BMX Park Located at Lock 8 Park, Port Col borne

CONFIRMATORY BY-LAW COUNCIL AGENDA ITEM 12

Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of The Corporation of the City of Port Colborne at its Special and Regular Meetings of Council of July 23,2012

193

The "TWENTY FOURTH MEETING" (SPECIAL) of the Port Colborne City Council was held for purposes of a Public Hearing under the Planning Act at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, July 9, 2012 commencing at approximately 6:32p.m.

ATTENDANCE


COUNCILLORS

D. Elliott W. Steele A. Desmarais F. Danch B. Kenny

B. Butters R. Bodner

Absent: Y. Doucet (due to vacation)

REGIONAL COUNCILLOR

D. Barrick

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services G. Makins, Manager of Manager of Community Services S. Mcintyre, Licencing Clerk S. Larocque, Recording Secretary



1. PRAYER

Councillor B. Kenny delivered the prayer.

2. NATIONAL ANTHEM

Joel Longfellow sang 0 Canada.


No. 167 Moved by Councillor Desmarais Seconded by Councillor Bodner

That the Agenda of the Special Meeting of Council of July 9, 2012 be confirmed as circulated. CARRIED.


Nil.

195

Minutes, Twenty Fourth Meetin;] (Special) of Council, July 9, 2012 Page 2 of 5

5. PUBLIC HEARING UNDER THE PLANNING ACT

(a) APPLICATION FOR ZONING BY-LAW AMENDMENT Department of Planning and Development, Report No. 2012-55, Subject: Public Hearing Report for a Zoning By-law Amendment (File No. D14-03-12) East Side of Elm Street

(i) PURPOSE OF MEETING

Mr. Aquilina advised that the purpose of the meeting, pursuant to Section 34 of the Planning Act, is to consider an application to amend the City of Port Colborne Zoning By-law 1150/97/81, as amended.

Mr. Aquilina indicated that the proposed Zoning By-law Amendment was initiated initiated by Brian Lambie on behalf of Antonio and Teresa Ricci for property located on the east side of Elm Street and north of Barrick Road, known as Part of Lot 28, Concession 3 described as Part 1 on Plan 59R-13068 in the City of Port Colborne.

(ii) METHOD OF NOTICE

Mr. Aquilina indicated that the Notice of the Public Meeting was administered in accordance with Section 34(12) (13) and (14) of the Planning Act, as amended, and Section 3 of Ontario Regulation 545106. Mr. Aquilina stated that the Notice of Public Meeting was mailed to property owners within 120 metres of the property and required agencies on June 15, 2012 and signs were posted on the property by June 19, 2012.

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

Mr. Aquilina advised that the procedure to be followed this evening will be to present Department of Planning & Development Report 2012-55; to hear any comments from the applicant; to receive questions of clarification from Council to the applicant or planning staff; to open the meeting to the public for comments and questions; to announce the requirements under the Planning Act for written notice of passage of the proposed zoning bylaw amendment and approval of the draft plan of subdivision; and to provide an explanation of future meetings regarding the application.

(iv) PRESENTATION OF APPLICATION FOR ZONING BY-LAW AMENDMENT

At this time, Mr. Aquilina provided highlights of the Planning and Development Public Hearing Report 2012-55 as follows:

Mr. Aquilina advised that the purpose of the report is to provide Council with information regarding the proposed Zoning By-law Amendment to site specifically zone the property on the east side of Elm Street and north of Barrick Road to add a car wash and vehicle sales rental establishment as well as to permit the stacking of parking spaces for the car wash.

Mr. Aquilina advised that no comments from any member of the public had been received as of the meeting date. Mr. Aquilina indicated that the following agencies responded:

Building Division:

"A complete building permit application and drawings will need to be reviewed before a more detailed analysis can be made. These are some of the issues that I can foresee:

196

Minutes, Twenty Fourth Meeting (Special) of Council, July 9, 2012 Page 3 of 5

1 -Min. 9 meter fire department access route to self-storage buildings.

2 - Hydrant located for a building without a fire dept. connection not more than 45m from a hydrant to the vehicle and not more than 45m from the vehicle to every opening in the building.

3- Distance between buildings shall be not less than 9m.

4 - Verify if they have a adequate water supply.

5 - Washrooms are to be made available at all times.

6- Oil interceptor and backflow devices are required."

Fire & Emergency Services:

"Based on what is being proposed the following may be required:

1. Adequate firefighting water supply, with a hydrant located in conformance with 3.10.3.4(3) of the Ontario Building Code.

2. Fire access route to self-storage units in conformance with 3.1 0.4.5.(2) of the Ontario Building Code."

Mr. Aquilina advised Council to refer to Appendix "B" on page 9 of the Public Hearing Report to view a sketch of the proposed development.

Mr. Aquilina indicated that the land is designated Urban Area in the Regional Niagara Policy Plan which allows for Industrial, Commercial, and Residential development.

Mr. Aquilina indicated that the property is designated Industrial Light and Industrial Heavy in the City of Port Colborne Official Plan and that industrial lands are those where the predominant uses are the receiving, manufacturing, assembling, processing, fabricating, servicing, repairing, warehousing, shipping and storing of goods, foods or materials including staff offices, staff facilities, vehicle garages, parking lots, pollution control plants and those industrial activities related to the Canal and harbor such as ship dockage and repair. Light Industrial lands exclude uses that are noxious or obnoxious to the surrounding area.

Mr. Aquilina read Policy G.12 (g) of the Official Plan, which states the following with respect to the property:

"In certain industrial areas of this Plan, specific Highway or Service Commercial activities may be considered as an acceptable industrial use. These may include sales and service establishments for vehicles or construction items and veterinary establishments. However, an amendment to the Restricted Area (Zoning) By-law shall be required for these activities."

Mr. Aquilina advised that the new Official Plan, as adopted by Council designates the property as Industrial/Employment Area.

Mr. Aquilina indicated that City of Port Colborne Zoning By-law 1150/97/81, as amended, zones the property "LI (Light Industrial)" and "HI (Heavy Industrial)".

Mr. Aquilina described the adjacent land uses to the property which include Ricci Automotive to the north, Jungbunzlauer to the east, Barber Hymac to the south and residential uses on the west side of Elm Street.

197

Minutes, Twenty Fourth Meeting (Special) of Council, July 9, 2012 Page 4 of 5

(v) COMMENTS OF APPLICANT

Mr. Brian Lambie addressed Council and advised that he was acting as the agent for the applicants. Mr. Lambie advised Council that his clients wished to use the property for a car wash and lube shop, auto repairs and mini storage which is an extension of their existing business (Ricci Automotive) to the north.

(vi) QUESTIONS OF CLARIFICATION TO APPLICANT/PLANNING STAFF

Mr. Aquilina asked if there were any questions of clarification at this time.

Councillor Steele asked Mr. Lambie whether the building would be a "pullthru" style car wash. Mr. Lambie indicated that it was early in the design stage and the details would be finalized during the Site Plan Control stage. Councillor Steele suggested that if it is a "pull-thru" style car wash, they may wish to provide stacked parking spaces in the rear of the building.

Mr. Aquilina then read the following cautionary statements into the record: "If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Port Colborne before the proposed zoning by-law arnendrnent and draft plan of subdivision are approved, the person or public body is not entitled to appeal the decision of the City of Port Colborne to the Ontario Municipal Board."

He advised that it should also be noted that:

"If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Port Colborne before the proposed zoning by-law amendment and draft plan of subdivision are approved the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party."

Mr. Aquilina further advised that there is a sign-in sheet available at the back of the room should anyone wish to request future notices regarding the application.

(vii) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

Nil.

(viii) ANNOUNCEMENT RESPECTING WRITTEN NOTICE OF PASSAGE OF ZONING BY-LAW AMENDMENT

Mr. Aquilina advised that if anyone wishes "to be notified of the approval of the zoning by-law amendment and draft plan of subdivision you must make a written request to the Clerk. Only those persons and public bodies that give the Clerk a written request for the notice of the passing of a bylaw or approval of the draft plan of subdivision will be given notice."

(ix) EXPLANATION OF FUTURE MEETINGS

Mr. Aquilina advised that this concludes the Public Hearing under the Planning Act. The proposed Zoning By-law Amendment and Draft Plan of Subdivision will be placed on the agenda of a future Council Meeting for Council's consideration.

198

Minutes, Twenty Fourth Meeting (Special) of Council, July 9, 2012

6. ADJOURN

No.168 Moved by Councillor Kenny Seconded by Councillor Steele

Page 5 of 5

That there being no further business, the business of the Special Council Meeting (Public Hearing) was adjourned at approximately 6:50p.m.

AG/sl


Ashley Grigg CITY CLERK

199

The "TWENTY FiFTH MEETING" (REGULAR) of the Port Colborne City Council was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, July 9, 2012 commencing at approximately 8:33p.m.

ATTENDANCE:


COUNCILLORS:

D. Elliott A. Desmarais F. Danch R. Bodner

Absent:

W. Steele

B. Kenny B. Butters

Y. Doucet (due to vacation)

REGIONAL COUNCILLOR:

Absent: D. Barrick

STAFF:

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services G. Makins, Manager of Community Services S. Mcintyre, Recording Clerk




Withdrawn: Item 9, concerning the request from Untitled Films for permission to film a Kia Commercial at the south-east shore off of Lake Road, was withdrawn at the request of the applicant.

Correction: The first paragraph of the recommendation associated with item 14, Department of Community & Corporate Services, Community Services, Report No. 2012-25, Subject: Request from Royal Canadian Legion for Road Closures and Noise Bylaw Exemption to Host a Street Dance on August 11, 2012, was corrected to remove reference to Sunday, August 13,2012 and replaced with Sunday, August 12,2012.

Correction: Item (b) under Minutes of Boards, Commissions and Committees on the Council agenda was corrected to read "Minutes of the Canal Days Advisory Committee Meeting of May 23, 2012."


No. 169 Moved by Councillor A. Desmarais Seconded by Councillor D. Elliott

That the Agenda dated July 9, 2012 be confirmed as amended. CARRIED.

201

Minutes, Twenty Fifth Meeting (Regular) of Council, July 9, 2012 Page 2 of 6


Councillor Elliott declared an indirect pecuniary interest with regard to item 4, Department of the Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles; trucks, buses, as he is employed by First Student Canada. Councillor Elliott refrained from discussing or voting on this item.

4. ADOPTION OF MINUTES

(a) Minutes of the Twenty Second Meeting (Special) of Council of June 25,2012

(b) Minutes of the Twenty Third Meeting (Regular) of Council of June 25, 2012

No.170 Moved by Councillor R. Bodner Seconded by Councillor A. Desmarais

That the Minutes of the Twenty Second Meeting (Special) of Council of June 25, 2012 be adopted as circulated; and, That the Minutes of the Twenty Third Meeting (Regular) of Council of June 25, 2012 be adopted as circulated. CARRIED.

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

The following items were identified for separate discussion:

Item 4.

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION

No. 171 Moved by Councillor A. Desmarais Seconded by Councillor B. Kenny

That Items 1 to 14 on the regular agenda be approved, as amended at the Committee of the Whole meeting of July 9, 2012 with the exception of items that have been deferred, deleted or listed for separate discussion, and the recomm.endations contained therein adopted.

Motion Arising from Committee of the Whole Councillor's Items/New Business:

Amendment to Site Plan Control By-law

Council resolved:

That staff be directed to report back regarding an amendment to the Site Plan Control By-law that gives the Director of Planning and Development the discretion to exempt development where there is an existing Site Plan Agreement in place.

ITEMS:

1. Department of Planning & Development, Report No. 2012-54, Subject: Request to Purchase the Franklin Avenue Road Allowance

Council resolved:

That Council declines the request to purchase the Franklin Avenue Road Allowance from Mr. Joe Pinelli.

202

Minutes, Twenty Fifth Meeting (Regular) of Council, July 9, 2012 Page3of6

That Council advises Mr. Joe Pinelli, that staff will no longer review or comment on any other matter until such time a formal planning application and development plan for all remaining lands be received.

2. Department of Engineering & Operations, Operations Division, Report No. 2012-21, Subject: Port Colborne Distribution System Drinking Water System Inspection Report

Council resolved:

That Council accept report 2012-21, Port Colborne Distribution System Drinking Water System Inspection Report, for information.

3. Department of Engineering & Operations, Operations Division, Report No. 2012-22, Subject: Authorization to Award Contract for RFQ 2012-11, Consulting Services for a Hydrogeological Study for the Scholfield Avenue Groundwater Pumping Station Permit to Take Water

Council resolved:

A. That the Council of the City of Port Colborne enter into an agreement with Coffey Geotechnics Inc., of Burlington, Ontario, for project 2012-11 -Hydrogeological Study for the Scholfield Avenue Groundwater Pumping Station Permit to Take Water, for the total bid price of $12,885.00 plus applicable taxes and;

B. That funding for Project 2012-11 be financed under the 2013 Extraneous Flows budget;

C. That a contract by-law, whereby the City enters into a contract agreement with the Consultant, be prepared.

5. Department of the Chief Administrative Officer, Report No. 2012-08, Subject: Volunteer Policies and Guidelines

Council resolved:

That in accordance with the recommendation of the Volunteer Coordinating Committee, the Volunteer Policy and Guidelines as appended to this report be approved.

6. Memorandum from Darlene Suddard, Environmental Compliance Supervisor ReAppointment of a Member to the Backflow Committee

Council resolved:

That Councillor Elliott be appointed to the Backflow Committee.

7. Region of Niagara Re Policy - Receipt and Consideration of Unsolicited Proposals (Report CSD 70-2012)

Council resolved:

That the correspondence received from the Region of Niagara Re Policy- Receipt and Consideration of Unsolicited Proposals (Report CSD 70-2012), be referred to the Chief Administrative Officer for the preparation of a report concerning the adoption of a City policy concerning the receipt and consideration of unsolicited proposals.

203

Minutes, Twenty Fifth Meeting (Regular) of Council, July 9, 2012 Page4of6

8. Region of Niagara Re Great Lakes and St. Lawrence Cities Initiative, Annual Meeting- Draft Resolutions

Council resolved:

That the correspondence received from the Region of Niagara Re Great Lakes and St. Lawrence Cities Initiative, Annual Meeting -Draft Resolutions, be supported; and

That the above noted correspondence, and the draft resolutions contained therein, be referred to the City's Storm Water Management Committee and the Director of Engineering and Operations for review and report; and that preparation of said report include consultation with the urban and rural stormwater management teams of the Towns of Ajax and Goderich.


9. Untitled Films Re Request for filming a Kia Commercial at the southeast shore off of Lake Road (mid-July)

This item was withdrawn.

10. Canadian Corps, Unit 43 Re Request to Waive a Building Permit Fee for the Construction of a Stage during Canal Days

Council resolved:

That the request received from the Canadian Corps, Unit 43 Re Request to Waive a Building Permit Fee for the Construction of a Stage during Canal Days, similar to other non-profit permissions, that the permit fee of $100.00 be waived.


11. Town of Caledon Re Aggregate Resources Act

Council resolved:

That the resolution received from the Town of Caledon Re Aggregate Resources Act, be received for information.

12. Municipality of Lambton Shores Re Health Concerns Re Electromagnetic Radiation from Close Proximity to Cellular Towers

Council resolved:

That the resolution received from the Municipality of Lambton Shores Re Health Concerns - Electromagnetic Radiation from Close Proximity to Cellular Towers, be received for information.

13. Municipality of Grey Highlands Re Green Energy Act and the loss of municipal rights over the control of road allowances (request for reimbursement of legal fees)

Council resolved:

That the resolution received from the Municipality of Grey Highlands Re Green Energy Act and the loss of municipal rights over the control of road allowances (request for reimbursement of legal fees), be received for information.

204

Minutes, Twenty Fifth Meeting (Regular) of Council, July 9, 2012 Page 5 of6

14. Department of Community & Corporate Services, Community Services, Report No. 2012-25, Subject: Request from Royal Canadian Legion for Road Closures and Noise By-law exemption to host a street dance on August 11,2012

Council resolved:

1. That Council hereby approves and authorizes the closure of the following roads for the purposes of controlling traffic for the Royal Canadian Legion Street Dance from 5:00p.m. on Saturday, August 11, 2012 until1:00 a.m. on Sunday, August 12, 2012.

Catherine Street from the northernmost part of Clarence Street to the southernmost limit of the intersection of the alley behind Matheson's Drug Store.

2. That a temporary Noise By-law exemption be issued by the City Clerk for the street dance on Saturday, August 11, 2012.

CARRIED.


4. Department of the Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles: trucks, buses

No. 172 Moved by Councillor W. Steele Seconded by Councillor F. Danch

That Department of Chief Administrative Officer, Report No. 2012-07, Subject: Use of City Parking Lots for Large Vehicles: Trucks, Buses, be referred to the Chief Administrative Officer report back on further options concerning large vehicle parking, and that preparation of said report include consideration of the disposition of the West Side Arena, and be received for Council's consideration before the commencement 2012/2013 school year.

CARRIED.

8. PROCLAMATIONS

Nil.

9. MINUTES OF BOARDS, COMMSISSIONS & COMMITTEES

(a) Minutes of the Environmental Advisory Committee Meeting of May 2, 2012

(b) Minutes of the Canal Days Advisory Committee Meeting of May 23, 2012

(c) Minutes of the Seniors Advisory Council Meeting of May 17, 2012 (d) Minutes of the Downtown Port Colborne BIA General Meeting of May

9,2012

No. 173 Moved by Councillor B. Kenny Seconded by Councillor A. Desmarais

(a) That the Minutes of the Environmental Advisory Committee Meeting of May 2, 2012 be received.

(b) That the Minutes of the Canal Days Advisory Committee Meeting of May 23, 2012 be received.

(c) That the Minutes of the Seniors Advisory Council Meeting of May 17, 2012 be received.

(d) That the Minutes of the Downtown Port Colborne BIA General Meeting of May 9, 2012 be received.

CARRIED.

205

Minutes, Twenty Fifth Meeting (Regular) of Council, July 9, 2012 Page 6 of 6

10. NOTICE OF MOTION

Councillor Steele gave notice of his intention to bring forward a motion at the July 23, 2012 meeting regarding and amendment to the City's Alcohol Management Policy concerning the two drink limit on alcoholic beverages per patron at special events.

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS

By-laws for Three Readings

No. 174 Moved by Councillor D. Elliott Seconded by Councillor B. Butters

That the following by-laws be read a first, second and third time and passed:

• 5828/82/12 Being a By-law to Authorize Entering into a Contract Agreement with Coffey Geotechnics Inc. for Consulting Services Re RFQ 2012-11 Hydrogeological Study for the Scholfield Avenue Groundwater Pumping Station Permit to Take Water

• 5829/83/12

CARRIED.

Being a By-law to Temporarily Close a Section of Catharine Street to Vehicular Traffic for Purposes of the Royal Canadian Legion Street Dance, August 11, 2012

12. CONFIRMATORY BY-LAW

No.175 Moved by Councillor F. Danch Seconded by Councillor A. Desmarais

That the following by-law be read a first, second and third time and passed:

• 5830/84/12

CARRIED.

Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of the Corporation of the City of Port Colborne at its Special and Regular Meetings of

. Council of July 9, 2012.

13. ADJOURN

AG/sm

No. 176 Moved by Councillor A Desmarais Seconded by Councillor B. Butters

That there being no further approximately 8:39p.m. CARRIED.


business, the Council Meeting be adjourned at

Ashley Grigg CITY CLERK

206

Attendance:

MAYOR'S YOUTH ADVISORY COUNCIL Tuesday May 151

h, 2012, 5:00pm City Hall, 3'ct Floor

Vice Chair Advisor Advisor Advisor Advisor Advisor

City of f'ort Colborne Rf:=CF:~J\/EO

JUL 1 0 2012

Sarah Burger Robyn Wilcox Deena Eden Stefanie Klingbeil Tyler Dekker Steven Wilcox Gary Makins Yvon Doucet Gina Murdoch

Manager of Community Services/Sr. Staff Advisor Member of Council

Absent with regrets: Shawna Eden Alicia Pinelli Brianna Irvine

Staff Advisor

Chair Public Relations Secretary

Meeting was called to order at 5:10p.m.

1/ Addendum There were none

. 2/ Approval of Minutes The minutes were approved from April241h, 2012.

3/ Skatepark Upcoming fundraising ideas and timelirtes were discussed.

Gary reminded the group of the Movie on the Beach, July 21st, 9:00pm, Nickel Beach.

Discussion was had about Peddle Shop with their donation and ticket sales.

41 New Business Gina discussed ensuring MYAC takes part in attending community events if a member of council requests it. It is part of the mentoring process.

Discussion was had about holding future meetings in Council Chambers.

The next meeting will be July gth at 5:00pm, Roselawn.

51 Adjournment Meeting was adjourned at 6:30pm.

207

city of Port Co\borne

H.E:CEIVED HERITAGE PORT COLBORNE MEETING lUI 1 3 2012

Wednesday May 9, 2012, 4:30P.M. - - . c .. -3rd Floor Library City Hall CORPORI'd tc :ot:RVICES

66 Charlotte Street, Port Colborne DEPARTt~EN r

PORT COLBORNE MINUTES

Attendance: Dan O'Hara, Debra O'Hara, Ralph Caperchione, Brenda Haymes, Barbara Butters, Beth Kieffer, Judy Ordyniec

Regrets: Bea Kenny Staff: Shannon Larocque, Planner

Meeting called to order by Dan O'Hara at 4:30 P.M.

NEW BUSINESS

1. Shisler Cemetery Designation Brief

Bill Wilhelm attended the meeting to answer any questions that members had about the brief he prepared. S. Larocque has Bill's contact information if questions arise in future. Dan O'Hara clarified that designation of the Cemetery would not mean improvements would take place. Bill advised that the Cemetery Act must be followed. This involves preserving and fixing stones which is presently not being done. Bill advised that in the past, there was public interest in making improvements to the Cemetery but they did not take place. He is concerned that the Cemetery is breaking down and it is an important piece of history. He would also like to see a new gate and a sign. Bill is writing a book about the area and would like to add into his book that the City has recognized the importance of the Cemetery through designation.

B. Butters agreed that designation would at least put the Cemetery on the radar and bring it some attention, but that any improvement would be a budget consideration for City Council.

Bill Wilhelm left the meeting at this time.

Dan O'Hara indicated that most research was based on those buried in the Cemetery and the surrounding area. It was also felt that the lack of public accessibility to the site may be problematic.

R. Caperchione asked what made the Doan Cemetery worthy of designation in comparison to this Cemetery and asked whether it was the association with the United Empire Loyalists.

S. Larocque advised that Committee members should review the criteria for designation from the Ontario Heritage Act which is included in the Heritage .Port Colborne Committee Handbook. Members to review the brief and the criteria from the Ontario Heritage Act and come to the next meeting to discuss whether it meets the criteria.

2. Julia Yager Community Centre Plaquing Ceremony

Chris Lannan of the Bethel Neighbourhood Recreation Committee attended the meeting. Chris advised that it would be better to schedule the plaquing ceremony on another weekend than the Canada Day weekend.

It was agreed that the plaquing ceremony would take place on September 15, 2012 at 11:00 am. Chris advised that volunteers could deliver flyers to residents in the area. 209

S. Larocque to send out invitations in August and provide Chris Lannan with flyers for distribution.

Chris Lannan left the meeting at this time.

3. Minutes of the April11, 2012 Meeting

Motion to adopt the minutes by B. Haymes. Seconded by Deb O'Hara. All in favour. The motion was carried.

4. Shickluna Garage Update

S. Larocque provided an update to Committee members respecting the Shickluna Garage. The objection period expires on May 20, 2012. An objection has been received from the property owner and therefore, the matter will be referred to the Heritage Conservation Review Board for a hearing. S. Larocque to advise members of the date and time for the hearing once scheduled so that they may attend if they wish.

5. Other Business

S. Larocque provided the cost estimate prepared by Craig Walton to repair the retaining wall in front of 14 Catharine Street as well as the portion of the Tennessee Avenue Gates that is crumbling. The Committee felt the cost estimate was reasonable. S. Larocque advised that there were no funds remaining in the Tennessee Avenu Gates reserve fund and therefore, all funds must be requested from City Council.

Motion by Deb O'Hara to request up to $5000.00 to cover the cost for the repairs to the retaining wall in front of 14 Catharine Street and the portion of the Tennesee Avenue Gates. Seconded by J. Ordyniec. All in favour. The motion was unanimously carried.

R. Caperchione indicated that the property located at 76 Ramey Road may be the oldest house in Port Colborne and that if so, it may be a good candidate for designation. Dan O'Hara indicated that he would consult the Municipal Register of Heritage Properties to determine if it is included and if there is any information respecting the age. If the Committee then wishes to consider the proerty for designation, it can send a letter to the property owner.

6. Adjournment

Motion to adjourn by J. Orydniec. Seconded by Deb O'Hara. All in favour. The motion was carried.

The meeting was adjourned at 5:40p.m. Next meeting: Wednesday, July 11, 2012 at 4:30p.m. Minutes prepared and submitted by Shannon Larocque, Planner.

210

POR. T COU30RNE

Meeting of the New Community Centre Advisory Committee 3rd Floor Committee Room, City Hall

May 15,2012

The following were in attendance:

Council: Bill Steele (Chair)

Staff:

Mayor Vance Badawey Angie Desmarais (Regrets) Bea Kenny (Regrets) Yvon Doucet

Ron Hanson Gary Makins Paul Peyton Janice Peyton Peter Senese Joanne Ferraccioli Bryan Elliott (Programmer)

Members: Lloyd Anderson Audrey Garrett

MHPM Les Camm Project Managers Leesha Sinanan

MJM Architects Rob Allen

1. Call to Order

Chair Steele called the meeting to order at 6:05p.m.

2. Review of Minutes from Last Meeting

The minutes of the last meeting were reviewed.

Moved by Yvon Doucet Seconded by Audrey Garrett

That the April 17, 2012 minutes of the New Community Centre Advisory Committee be accepted as written. CARRIED.

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3. Schedule Update

Les Camm provided a schedule update. We are still in good shape for an early soft opening in December and a grand opening the beginning of the 2013. There is a chance that the YMCA, Jr B's, Minor Hockey, and Subway can get into the facility a few weeks before substantial completion. Safety wear will be necessary until substantial completion is reached.

4. Budget Update

Leesha Sinanan provided a budget update. The forecasted budget remains at $32,249,000, $30,254,000 has been committed to date. 49 change orders have been approved. 64% of construction has been invoiced to date. Contractor billings are approximately five weeks behind the cash flow plan.

5. AV and IT Update

Les Camm advised that both the AV and the IT tenders were awarded to Design Electronics of Niagara Falls. Work has begun.

Security for the building has been awarded to Pinders.

Signage and Furniture have to be ordered, they have not been awarded.

6. Provisions for Retail Tenants

Coordination of retail tenants is required before the opening. Gary Makins provided an update.

Subway has had a tour and is in the process of designing their space. They will submit the details of their layout.

Goods Sports Excellence has had a tour and Gary is working with them on a lease agreement.

The Jr. B's have been in a few times to view their space. They are working with the High Schools to outfit the dressing room.

All design changes must go through the City Building Department to ensure they are within the building code. MHPM must be notified who will be doing the work for Subway and the details of the school(s) doing the Jr B. work.

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7. Signage Design

Rob Allen provided a powerpoint presentation of a proposed signage package. A copy of the presentation is attached.

Ron Hanson advised that the signage proposal will be sent to Vale for approval and will go before Council for approval.

Space is needed for the existing items in our West Arena and the Wall of Fame and the Memorial Wall. The North wall of the walking track was suggested. An inventory of what we presently have should be listed and determined where in the new facility it will be placed.

The Committee agreed that Tom Lannan will be asked to take on the position of Chair of a Memorabilia Committee.

Gary Makins advised that the Y signage could be dropped from the cold side if necessary.

The Mayor asked that the City Logo not be finalized at this time as he would like to discuss with Marketing.

It was suggested that a "Mall Map" of the City be placed somewhere in the complex.

8. Furniture Fixtures & Equipment

Furniture Design Rob Allen provided furniture plans for the facility.

The YMCA needs to be consulted and advised that "green guard" furniture is required for Leed certification.

Display cases for the second floor were discussed.

Rob Allen is looking into tables for the Lobby instead of chairs only and will also look into a tabletop for around the rink.

No furniture will be put into the association room, per Chair Steele.

The Rink Attendant will require a mini fridge and filing cabinet.

Chair Steele is working on funding for the second level community room furniture. The cost to furnish this room is estimated at approximately $30,000.

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The estimated cost to furnish the lobby is approximately $30,000. Les Camm advised that we may be able to find similar furniture for a lower price.

Procurement/Installation of Equipment

Les Camm advised that Harris Time is the awarded supplier for the score clocks. The score clocks were not included in the FF&E budget. Two gymnasium clocks are yet to be sponsored. There is opportunity to have sponsor advertisement on the clocks. There are ad panels on the clocks in the arenas.

There are no sponsors for the rinks yet. The location of the Teeder Kennedy Ice Rinks sign was discussed. Rob Allen suggested putting it on the glass walls, Rob will look into this. Images for painted graphics of Teeder Kennedy, Bronco Horvath, Don Simmons, Don Gallinger and Harry Dick will be forwarded to Rob Allen.

9. YMCA Update

Gary Makins provided an update on the YMCA. Gary is currently working on the agreement.

The transition of Centennial Pool members to the Y has been discussed. Current members will receive an invitation to "try the Y" in Weiland. Two dates will be offered, June 14th and June 21st. Current members will be offered a minimum 6 month full Y membership. Anyone not wishing to join theY will receive a prorated refund. Guest passes will be offered. A report regarding bridging memberships will be before Council on May 281

h.

10. New Business

Les Camm provided a slide show of current photos of the Vale Health and Wellness Centre.

11. Adjourn

Moved by Audrey Garrett Seconded by Yvon Doucet

That with no further business to discuss, the meeting be adjourned at approximately 8:20 p.m. CARRIED. The next meeting will be at the call of the chair.

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