The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Tenth Meeting, Regular, Monday, April 22, 2013 Council Chambers, City Hall
His Worship Mayor Brian McMullan takes the Chair and opens the meeting following Item Number 10 on the Council Agenda Page
1. Call for Reports to be Brought Forward from Consent
2. Motion to Move Reports on Consent
3. Discussion Reports
4. Consent Reports
3-4 4.1 Fire and Emergency Management Services, Deputy Fire Chief Request to Reallocate Funds to Attend Hazardous Material Workshop - Baltimore, Maryland
5-7 4.2 Financial Management Services, Billing Cancellation, Reduction, Refund of Property Taxes
8-17 4.3 Financial Management Services, Administration 2013 Tax Rates
18-20 4.4 Recreation and Community Services, Parks and Facilities Mainstream: An Unsheltered Workshop Fee-for-Service Graffiti Removal
21-28 4.5 Planning & Development Services, Policy Revisions to the Brownfield Tax Increment Based Incentive Grant Program (BTIGP) Agreements for Phases 1, 2 and 3 of Heritage Point Subdivision Applications for a BTIGP and Municipal Application and Permit Fees Refund Program for 16 Woodburn Avenue; Heritage Point Subdivision; Owner: Brickyard Developments Limited
Page 1 of 126 General Agenda April 22, 2013 Page
4. Consent Reports 29-43 4.6 Planning & Development Services, Implementation Applications for Amendment to the Garden City Plan and Zoning By-law, to Permit Commercial-Residential Development with permissions for very limited outdoor storage; 88 Merritt Street; Owner: 418159 Ontario Limited (Sam DeMita) Applicant: Stephen Bedford Consulting Inc.
44-45 4.7 Transportation & Environmental Services, Operations Request for Exemption from Noise By-law 95-198 - Highway 406 Pavement Rehabilitation
46-49 4.8 Recreation and Community Services, Director Spectator Facility Long Term Management Agreement
50-56 4.9 Chief Administrative Officer, Administration Niagara Regional Police District 1 (St. Catharines) Detachment Location
57-58 4.10 Economic Development and Customer Service, Office of the City Clerk Request for Exemption from Noise By-law 95-198 – Holy Cross Catholic Secondary School, Relay for Life
59-60 4.11 Economic Development and Customer Service, Office of the City Clerk Grants to Offset Fees for Use of Municipal Facilities and Services - Process Review
61-126 4.12 Economic Development and Customer Service, Office of the City Clerk Council Correspondence
(Click on Report for link to upcoming Committee of Adjustment Notices of Hearing)
5. Other Business
6. General Committee (In-Camera) Council will meet In Camera for the following purposes: ● advise that is subject to solicitor client privilege, including communications necessary for that purpose, Legal Services File No. 89-471, Lincoln County Humane Society ● a proposed or pending acquisition or disposition of land by the municipality or local board, Realty File Nos. 13-04 and 13-07
Page 2 of 126 Agenda Item 4.1 ...
Corporate Report
Report from Fire and Emergency Management Services, Deputy Fire Chief
Date of Report: April 2, 2013 Date of Meeting: April 22, 2013
Report Number: FEM-99-2013 File: 68.13.99
Subject: Request to Reallocate Funds to Attend Hazardous Material Workshop – Baltimore, Maryland
Recommendation That Council approve reallocating funds from account 710.100.401 and utilize some of the funds for the Fire Department Instructors Conference (FDIC) to permit two Hazardous Material Technicians to attend a specialty workshop in Baltimore, Maryland. FORTHWITH
Summary A Hazmat workshop is being offered this year in Baltimore Maryland that provides updates and information critical to the current program in Hazmat Operations within Fire Services. This course only became available after budget submissions were required last fall. As a result, fire services requests reallocating partial funds approved for the FDIC conference in order to send two fire fighters to attend this workshop. No additional funds are required thus spending would fall within the approved funds as outlined in the 2013 budget.
Background As part of the 2013 Operating Budget, Fire Services receives approval to attend courses and seminars located outside of the province and country. Occasionally workshops and seminars are announced that are not budgeted for due to the timelines in which they are announced. In an effort to attend some of these conferences, we seek approval to either cancel a conference or share the cost of an additional conference with one already approved. This is accomplished by either reducing the number of personnel that attend or reducing the total time that we attend.
Report Fire Services received approval in the 2013 Operating Budget to attend the Fire Department Instructors Conference (FDIC) located in Indianapolis, Indiana. We have attended this conference since 2002 and normally four personnel attend this conference and participate in hands on fire related skills as well as the trade show. The trade show (with over 1200 exhibiters) showcases new equipment, products and technology used
Page 1 of 2 Fire and Emergency Management Page 3 of 126 Services, Deputy Fire Chief
Agenda Item 4.1 ...
to help our department remain current with changing trends and standards. Our annual budget for the conference is $5000 which covers travel, meals, registration and hotels.
As previously mentioned, we have an advanced Hazardous Materials (Hazmat) program which enables our department to provide set levels of protection when incidents arise within the city. We also participate as part of the Regional Hazmat Team which is utilized around the Niagara Region. This year we would like to send two fire fighters to attend a hands on workshop in Baltimore, Maryland whereby our personnel will gain valuable experience and knowledge in equipment, techniques and instruction thus enhancing our program which in turn benefits our response capabilities.
As a result the number of personnel attending FDIC would be reduced from four to two and two personnel would in turn be sent to Baltimore for the Hazmat workshop instead. We would still stay within our $5000 budget and benefit by having personnel at both venues.
Financial Implications There are no additional financial implications as the $5,000 (from account number 710.100.401) was previously approved in the 2013 budget and both venues would be paid for through the approved monies. Approximately $2,000 would be used for the HazMat Workshop and approximately $3,000 for FDIC.
Conclusion Fire Services seeks approval to attend an additional workshop in Baltimore, Maryland utilizing some of the funds allocated for the FDIC Conference as approved in the 2013 budget.
Notification Not Applicable.
Submitted & Prepared by:
Larry Jones, Deputy Fire Chief St. Catharines Fire Services
Approved by:
Mark Mehlenbacher, Fire Chief St. Catharines Fire Services
Fire and Emergency Management Page 2 of 2 Page 4 of 126 Services, Deputy Fire Chief
Agenda Item 4.2 ...
Corporate Report
Report from Financial Management Services, Billing
Date of Report: April 4, 2013 Date of Meeting: April 22, 2013
Report Number: FMS-102-201 File: 10.57.99
Subject: Cancellation, Reduction, Refund of Property Taxes
Recommendation That Council approve the necessary tax reductions, cancellations and refunds pursuant to Section 357 of The Municipal Act in the amount of $7,739.94 in accordance with the list submitted by Financial Management Services, dated April 4, 2013 (see Appendix “1” attached). FORTHWITH
Background Pursuant to Section 357, application may be made to Council for cancellation, reduction and refund of taxes levied in the year.
The appeals are processed in the Financial Management Services Department, forwarded to MPAC where the amount of reduction is calculated in assessment dollars. The appeals are then returned to the Financial Management Services Department and the amount of reduction is calculated in tax dollars. Under the Municipal Act, a recalculation of the Capping Adjustments are necessary for those properties experiencing a reduction or removal from the Capped Classes (Multi-Residential, Commercial, Industrial).
Report Application may be made for the following reasons:
Section 357 (a) Tax reclassification resulting in a lower tax ratio (b) The land has become vacant land or excess land (c) The land has become exempt from taxation (d) A building on the land was razed or damaged by fire, demolition or otherwise so as to render it substantially unusable (e) A mobile unit on the land was removed (f) A person was overcharged due to a gross or manifest error that is clerical or factual in nature, but not an error in judgement in assessing the property (g) Repairs or renovation to the land prevented the normal use of the land for a period of at least 3 months during the year.
Page 1 of 2 Financial Management Services, Page 5 of 126 Billing
Agenda Item 4.2 ...
Financial Implications Section 357 appeals amount to $7,739.94 as listed on Appendix “1”.
Submitted by: Tracey Miller Billing Manager
Prepared by: Tanya Craig Tax Billing and Adjustment Clerk
Approved by: Shelley Chemnitz, C.A. Director/City Treasurer
Financial Management Services, Page 2 of 2 Page 6 of 126 Billing City of St. Catharines 357 Tax Appeals - For Council Date April 22, 2013 1 Appeal Roll Number Location Description Year Period From Period To Reduction Tax Levied Comments Billing Financial Management Services, 3660 040003045000000 7 GENEVA ST 357(a) Tax Class Change 2012 01 NOV 2012 31 DEC 2012 $219.15 $5,096.57
3695 040002165000000- 90 - 96 ST PAUL ST 357(g) > 3 MthsRenovation 2012 31 DEC 2012 31 DEC 2012 $0.00 $7,958.05 DENIED 3708 060039052000000 20 LOCK ST 357(d) Destroyed/Damaged 2012 01 OCT 2012 31 DEC 2012 $498.21 $4,145.73 3709 060039052020000 20A LOCK ST 357(d) Destroyed/Damaged 2012 01 OCT 2012 31 DEC 2012 $331.85 $4,400.30 3710 060039053000000 22 LOCK ST 357(d) Destroyed/Damaged 2012 01 OCT 2012 31 DEC 2012 $3,807.38 $27,492.75 3711 060010110000000 503 VINE ST 357(d) Destroyed/Damaged 2012 09 NOV 2012 31 DEC 2012 $2.15 $2,323.64 3712 010032185000000 1932 WELLAND CANALS PK 357(c) Exempt 2012 01 JAN 2012 31 DEC 2012 $2,373.75 $2,373.75 3713 050020054000000 439 LINWELL RD 357(d) Destroyed/Damaged 2012 05 NOV 2012 31 DEC 2012 $134.54 $2,264.06 3724 060040009000000 64 CHRISTIE ST 357(d) Destroyed/Damaged 2012 28 JUN 2012 31 DEC 2012 $372.91 $8,117.85
Total $7,739.94 Page 7 of 126 Agenda Item 4.2 ...
Agenda Item 4.3 ...
Corporate Report
Report from Financial Management Services, Administration
Date of Report: April 4, 2013 Date of Meeting: April 22, 2013
Report Number: FMS-104-2013 File: 10.57.12
Subject: 2013 Tax Rates
Recommendation That the property tax rates as detailed in Appendix ‘1’ be approved; and
That the City solicitor be directed to prepare the necessary by-law(s). FORTHWITH
Summary The Regional Municipality of Niagara approved the 2013 Tax Ratios at its meeting of March 21, 2013 and passed the appropriate by laws. The City is now in a position to finalize the City’s 2013 Tax Rates.
Background The total property bill is comprised of levies from the City of St. Catharines, Regional Municipality of Niagara and the School Boards. Property taxes are calculated by multiplying the current value assessment (CVA) by the tax rate for that class of property. The CVA is established by the Municipal Property Assessment Corporation (MPAC). MPAC is a not for profit corporation with every municipality in Ontario being a member, which is governed by a Board of Directors comprised of taxpayer, municipal and provincial representatives. MPAC’s main responsibility is to classify and value all properties in Ontario for taxation purposes according to the legislation and regulations set by the Provincial Government.
Report A tax rate is established for each class of property by dividing the tax levy requirement by the weighted assessment. The assessment is weighted by the tax ratios.
There are seven major property classes:
Class 1 Residential Class 2 Multi-residential Class 3 Commercial Class 4 Industrial Class 5 Pipeline
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Class 6 Farm Class 7 Managed Forests.
In addition to these major classes, the Region has the following:
Class 8 New Multi-residential Class 9 New Commercial Class 10 Office Building Class 11 Shopping Centre Class 12 Parking Lots and Vacant Land Class 13 Large Industrial Class 14 New Industrial Class 15 New Large Industrial
The tax ratio reflects how a property class’s tax rate compares with the residential tax rate. The residential tax ratio is equal to “one.”
A. Business Improvement Area (BIA) Levies
The City has established two Business Improvement Areas (BIA). The purpose of these BIA’s is the improvement, beautification and maintenance of municipally-owned land and to promote the area as a business or shopping area. The BIA levy is raised from the commercial properties in the BIA area.
The City has two Business Improvement Areas:
1. The St. Catharines Downtown Association which was established in 1973 pursuant to the Ontario Municipal Act, operates to revitalize and promote the downtown core of St. Catharines.
2. The Port Dalhousie BIA which was established in 1986 pursuant to the Ontario Municipal Act, operates to revitalize and promote the Port Dalhousie Business Improvement Area.
The St. Catharines Downtown Association at their General Membership Meeting held February 26, 2013 approved its 2013 Budget in the amount of $384,431 (2012 levy of $384,431).
The Port Dalhousie BIA at its March 27, 2013 General Membership meeting approved its 2013 BIA levy in the amount of $15,000. (2012 levy of $15,000).
B. Regional General Tax Rate
The Region approved its general tax rates on March 21, 2013 as detailed on Appendix ‘1’.
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C. Education Rates
The education rates for 2013 are included on Appendix “1”.
The Province of Ontario announced the 2013 uniform residential education tax rate would be reduced from the 2012 rate. The 2013 uniform residential education tax rate is set at 0.212 per cent. (.221 per cent in 2012)
D. Regional Waste Management
The Region has two primary authorities to raise its waste management costs:
1) An upper tier levy - special (Section 311 (4) of the Municipal Act 2001.
2) Fees and Charges (Section 390 of the Municipal Act 2001).
The Region has decided to levy its waste management cost by a special levy tax rate for 2013. This is consistent with prior years.
E. Tax Ratios
Under Provincial Legislation responsibility for taxation policy (including establishing tax ratios) rests with the Region. The Region at its March 21, 2013 meeting established the following tax ratios:
Property Class 2013 Ratio 2012 Ratio
Residential and Farm 1.0000 1.0000
Multi-residential 2.0440 2.0440
Multi-residential - New 1.0000 1.0000
Commercial 1.7586 1.7586
Industrial - Residual 2.6300 2.6300
Large Industrial 2.6300 2.6300
Pipelines 1.7021 1.7021
Farmlands 0.2500 0.2500
Farmland Awaiting Development I 0.7500 0.7500
Farmland Awaiting Development II 1.0000 1.0000
Financial Management Services, Page 3 of 5 Page 10 of 126 Administration
Agenda Item 4.3 ...
F. City Tax Rates
The City approved its 2013 Operating Budget at its March 4, 2013 meeting.
G. Niagara Health System Funding Pre Levy
City Council, at the May 26, 2008 meeting approved that a separate tax rate be levied for hospital purposes beginning in 2008 in the amount of $2,029,605. This levy is intended to accumulate funds to meet the City’s commitment with regard to the new hospital. The approved payment schedule indicates the amount of $2,208,959 be levied in 2013. The hospital pre levy rates are included on Appendix ‘1’
H. 2013 Tax Rates and Associated Schedules
In summary, the following Appendices are included:
Appendix “1” - 2013 Tax Rates
Appendix “1” - 2013 Current Value Assessment
Appendix “1” - 2013 Tax Levy
Appendix “1” - Tax Levy Comparison by Class
Appendix “1” - Tax Comparison for Median Household
I. Tax Installments for Protected Classes
In 1998 the Province imposed mandatory limits on reform related property tax increases for commercial, industrial and multi-residential properties (i.e. Protected Property) of 10% in 1998, 5% in 1999 and 5% in 2000. These limits were implemented under the Fairness for Property Taxpayers Act (FPTA).
The Continued Protection for Property Taxpayers Act 2000 (CPPTA) was passed in December 2000. The CPPTA imposed mandatory limits for 2001 and subsequent years the limit for reform related property tax increases on the protected property classes is 5% per year.
Implementation of the requirements under FPTA and CPPTA has been accomplished by using the Ontario Property Tax Analysis (OPTA) System. The OPTA system is a computer data base that was created by the Provincial Ministry of Municipal Affairs to implement the FPTA and CPPTA. In a two-tier system like the Niagara Region, the Region is responsible for the co-ordination of the cut-off of data and acts as bankers for transfer between area municipalities. The City is responsible for maintenance of the
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assessment data which has to be updated for assessment changes (e.g. Assessment Review Board Decisions, etc.). The update of the OPTA system is complete, however the final information from OPTA is scheduled to arrive in late June, which allows the City to plan the final billing dates for the protected property classes. This will be the subject of a future report to City Council.
Financial Implications In order to provide for the Regional, Municipal and Educational funding for 2013, it is necessary to calculate tax rates. These tax rates are then multiplied by the appropriate assessment to calculate the individual homeowner’s 2013 tax levy.
Submitted/Prepared and Approved by: Shelley Chemnitz, CA
Financial Management Services, Page 5 of 5 Page 12 of 126 Administration 1 Administration Financial Management Services,
City of St. Catharines
2013 Tax Rates
City Region Total Total Class General Hospital Urban Total General Waste School General Urban Urban
Residential 0.518679% 0.015522% 0.072238% 0.606439% 0.599023% 0.077270% 0.212000% 1.422494% 1.494732% 0.072238%
Multi-Residential 1.060180% 0.031727% 0.147655% 1.239562% 1.224403% 0.157940% 0.212000% 2.686250% 2.833905% 0.147655%
Multi-Residential - New 0.518679% 0.015522% 0.072238% 0.606439% 0.599023% 0.077270% 0.212000% 1.422494% 1.494732% 0.072238%
Commercial - Occupied 0.912149% 0.027297% 0.127038% 1.066484% 1.053442% 0.135887% 1.260000% 3.388775% 3.515813% 0.127038%
Commercial - Vacant 0.638505% 0.019108% 0.088927% 0.746540% 0.737409% 0.095121% 0.882000% 2.372143% 2.461070% 0.088927%
Commercial - New 0.912149% 0.027297% 0.127038% 1.066484% 1.053442% 0.135887% 1.260000% 3.388775% 3.515813% 0.127038% Page 13 of 126 Agenda Item 4.3 ... Commercial - New Vacant 0.638505% 0.019108% 0.088927% 0.746540% 0.737409% 0.095121% 0.882000% 2.372143% 2.461070% 0.088927%
Industrial - Occupied 1.364126% 0.040823% 0.189987% 1.594936% 1.575430% 0.203220% 1.590000% 4.773599% 4.963586% 0.189987%
Industrial - Vacant 0.886682% 0.026535% 0.123491% 1.036708% 1.024030% 0.132093% 1.033500% 3.102840% 3.226331% 0.123491%
Industrial - New 1.364126% 0.040823% 0.189987% 1.594936% 1.575430% 0.203220% 1.260000% 4.443599% 4.633586% 0.189987%
Industrial - New Vacant 0.886682% 0.026535% 0.123491% 1.036708% 1.024030% 0.132093% 0.819000% 2.888340% 3.011831% 0.123491%
Large Industrial - Occupied 1.364126% 0.040823% 0.189987% 1.594936% 1.575430% 0.203220% 1.590000% 4.773599% 4.963586% 0.189987%
Large Industrial - Vacant 0.886682% 0.026535% 0.123491% 1.036708% 1.024030% 0.132093% 1.033500% 3.102840% 3.226331% 0.123491%
Large Industrial - New 1.364126% 0.040823% 0.189987% 1.594936% 1.575430% 0.203220% 1.260000% 4.443599% 4.633586% 0.189987%
Large Industrial - New Vacant 0.886682% 0.026535% 0.123491% 1.036708% 1.024030% 0.132093% 0.819000% 2.888340% 3.011831% 0.123491%
Pipelines 0.882844% 0.026420% 0.122957% 1.032221% 1.019597% 0.131521% 1.260000% 3.320382% 3.443339% 0.122957%
Farmlands 0.129670% 0.003881% 0.018060% 0.151611% 0.149756% 0.019318% 0.053000% 0.355625% 0.373685% 0.018060%
Farmlands Awaiting Dev I 0.389009% 0.011642% 0.054179% 0.454830% 0.449267% 0.057953% 0.159000% 1.066871% 1.121050% 0.054179%
Farmlands Awaiting Dev II 0.518679% 0.015522% 0.072238% 0.606439% 0.599023% 0.077270% 0.212000% 1.422494% 1.494732% 0.072238%
Tax Other Rate
Downtown Association - Occupied 0.410882% - Vacant 0.287618%
Port Dalhousie BIA - Occupied 0.157459% - Vacant 0.110221% 1 Administration Financial Management Services, City of St. Catharines
2013 Current Value Assessments
Class General Urban
Residential $9,772,841,622 $9,529,258,197
Multi-Residential 573,919,115 573,919,115
New Multi-Residential 11,600,576 11,600,576
Commercial - Occupied 1,462,438,189 1,450,276,584
Commercial - Vacant Units 11,617,115 10,946,927
Commercial - Vacant Land 19,920,850 19,698,025
Commercial - New 77,586,051 77,586,051 Page 14 of 126 Commercial - New - Vacant 254,885 254,885 Agenda Item 4.3 ...
Industrial - Occupied 69,925,873 66,697,223
Industrial - Vacant Units 2,991,009 2,991,009
Industrial - Vacant Lands 18,309,975 18,309,975
Industrial - New 3,486,500 3,486,500
Industrial - New Vacant 51,500 51,500
Large Industrial - Occupied 86,619,507 86,619,507
Large Industrial - Vacant 1,106,314 1,106,314
Pipelines 26,277,750 25,181,750
Farmlands 88,101,275 5,527,650
Total Taxable Assessment $12,227,048,106 $11,883,511,788 1 Administration Financial Management Services, City of St. Catharines
2013 Tax Levy
City Total Tax Levy General Hospital Urban Total General Waste Total School Tax Levy
Residential 50,689,677 1,516,940 6,883,746 59,090,363 58,541,569 7,551,475 66,093,044 20,718,424 145,901,831
Multi-Residential 6,084,576 182,087 847,420 7,114,083 7,027,083 906,448 7,933,531 1,216,709 16,264,322
New - Multi Residential 60,170 1,801 8,380 70,350 69,490 8,964 78,454 24,593 173,398
Commercial - Occupied 13,339,615 399,202 1,842,402 15,581,219 15,405,938 1,987,263 17,393,201 18,426,721 51,401,142
Commercial - Vacant Units 74,176 2,220 9,735 86,130 85,666 11,050 96,716 102,463 285,309
Commercial - Vacant Land 127,196 3,806 17,517 148,519 146,898 18,949 165,847 175,702 490,068 Page 15 of 126 Agenda Item 4.3 ... Commercial - New 707,700 21,179 98,564 827,443 817,324 105,429 922,753 977,584 2,727,780
Commercial - New - Vacant 1,627 49 227 1,903 1,880 242 2,122 2,248 6,273
Industrial - Occupied 953,877 28,546 126,716 1,109,139 1,101,633 142,103 1,243,737 1,111,821 3,464,697
Industrial - Vacant Units 26,521 794 3,694 31,008 30,629 3,951 34,580 30,912 96,500
Industrial - Vacant Land 162,351 4,859 22,611 189,821 187,500 24,186 211,686 189,234 590,740
Industrial - New 47,560 1,423 6,624 55,607 54,927 7,085 62,013 43,930 161,550
Industrial - New Vacant 457 14 64 534 527 68 595 422 1,551
Large Industrial - Occupied 1,181,599 35,361 164,566 1,381,526 1,364,630 176,028 1,540,658 1,377,250 4,299,434
Large Industrial - Vacant 9,809 294 1,366 11,469 11,329 1,461 12,790 11,434 35,693
Pipelines 231,992 6,943 30,963 269,897 267,927 34,561 302,488 331,100 903,484
Farmlands 114,241 3,419 998 118,658 131,937 17,019 148,956 46,694 314,308
Total 73,813,144 2,208,935 10,065,592 86,087,671 85,246,887 10,996,284 96,243,171 44,787,240 227,118,082
City Total Comparison to 2012 General Hospital Urban Total General Waste Total School Tax Levy
2012 Tax levy 71,257,240 2,208,966 9,588,402 83,054,608 82,563,400 10,691,806 93,255,206 44,835,170 221,144,984
Change - $ 2,555,904 -31 477,189 3,033,063 2,683,487 304,478 2,987,965 -47,929 5,973,098
Change - % 3.59% 0.00% 4.98% 3.65% 3.25% 2.85% 3.20% -0.11% 2.70% 1
Administration Financial Management Services, City of St. Catharines
Tax Levy Comparison by Class
Tax Levy $ Change Tax Levy % Class 2013 2012 Amount % 2013 2012
Residential $145,901,831 $142,090,049 $3,811,782 2.68% 64.24% 64.25%
Multi-Residential 16,264,322 15,540,039 724,283 4.66% 7.16% 7.03%
New Multi Residential 173,398 120,197 53,200 44.26% 0.08% 0.05%
Commercial - Occupied 51,401,142 51,017,025 384,117 0.75% 22.63% 23.07%
Commercial - Vacant Units 285,309 289,051 -3,742 -1.29% 0.13% 0.13%
Commercial - Vacant Land 490,068 255,632 234,436 91.71% 0.22% 0.12%
Commercial New 2,727,780 1,875,877 851,903 45.41% 1.20% 0.85% Page 16 of 126 Agenda Item 4.3 ... Commercial New - Vacant 6,273 25,908 -19,635 -75.79% 0.00% 0.01%
Industrial - Occupied 3,464,697 3,607,572 -142,876 -3.96% 1.53% 1.63%
Industrial - Vacant Units 96,500 95,922 577 0.60% 0.04% 0.04%
Industrial - Vacant Land 590,740 437,076 153,664 35.16% 0.26% 0.20%
Industrial - New 161,550 157,971 3,579 2.27% 0.07% 0.07%
Industrial - New Vacant 1,551 1,494 57 3.84% 0.00% 0.00%
Large Industrial - Occupied 4,299,434 4,452,871 -153,437 -3.45% 1.89% 2.01%
Large Industrial - Vacant 35,693 45,818 -10,125 -22.10% 0.02% 0.02%
Pipelines 903,484 829,811 73,674 8.88% 0.40% 0.38%
Farmlands 314,308 302,670 11,639 3.85% 0.14% 0.14%
$227,118,082 $221,144,984 $5,973,098 2.70% 100.00% 100.00%
Total Tax Bill Comparison by Class
Tax Levy $ Change Tax Levy % Class 2013 2012 Amount % 2013 2012
Residential $146,216,140 $142,392,719 $3,823,421 2.69% 64.38% 64.39%
Multi-Residential 16,437,720 15,660,237 777,483 4.96% 7.24% 7.08%
Commercial and Industrial 64,464,222 63,092,029 1,372,194 2.17% 28.38% 28.53%
$227,118,082 $221,144,984 $5,973,098 2.70% 100.00% 100.00% Agenda Item 4.3 ... City of St. Catharines 1 Tax Comparison for Median Household Residential
Change 2013 2012 Amount %
Tax Rates:
City - General 0.518679% 0.512099% 0.006580% 1.28% City - Urban 0.072238% 0.070348% 0.001890% 2.69% City - Hospital 0.015522% 0.015875% -0.000353% -2.22%
Total City Tax Rate 0.606439% 0.598322% 0.008117% 1.36%
Region - General 0.599023% 0.593352% 0.005671% 0.96% Region - Waste 0.077270% 0.076838% 0.000432% 0.56%
Total Region Tax Rate 0.676293% 0.670190% 0.006103% 0.91%
School 0.212000% 0.221000% -0.009000% -4.07%
Total Tax Rate 1.494732% 1.489512% 0.005220% 0.35%
Taxes (Median with Current Value of $209,000)
City - General 1,084.04 1,049.80 34.24 3.26%
Region - General 1,251.96 1,216.37 35.59 2.93%
Region - Waste Management 161.49 157.52 3.97 2.52%
Urban - City 150.98 144.21 6.77 4.69%
School 443.08 453.05 -9.97 -2.20%
Total Urban Rate 3,091.55 3,020.95 70.60 2.34%
City - Hospital 32.44 32.54 -0.10 -0.31%
Total Urban Rate with Hospital $3,123.99 $3,053.49 $70.50 2.31%
Financial Management Services, Page 17 of 126 Administration
Agenda Item 4.4 ...
Corporate Report
Report from Recreation and Community Services, Parks and Facilities
Date of Report: April 4, 2013 Date of Meeting: April 22, 2013
Report Number: RCS-56-2013 File: 35.60.69
Subject: Mainstream: An Unsheltered Workshop Fee-for-Service Graffiti Removal
Recommendation That Council approve the request from Mainstream: An Unsheltered Workshop to continue graffiti removal services in 2013; and
That the City Solicitor be directed to prepare the necessary agreement and by-law. FORTHWITH
Summary This report provides information about Mainstream’s proposal to continue graffiti removal services on City-owned play equipment and certain park amenities on a fee-for- service basis in 2013.
Background Mainstream: An Unsheltered Workshop is a not for profit corporation under the umbrella of the Ministry of Community and Social Services. Mainstream has developed a graffiti removal program and has been providing graffiti removal services on City play equipment since 2009. A summary of their services since 2009 is provided as Appendix 1. Mainstream has indicated interest in continuing graffiti removal services in 2013.
Report Staff recommend a fee-for-service agreement for graffiti removal services Given the success of past agreements between the City and Mainstream, staff recommend that Mainstream be authorized to provide graffiti removal services on City play equipment, metallic and plastic park amenities, and other park amenities (as approved by City staff) for 2013.
Agreement with Mainstream is subject to terms and performance criteria Mainstream must provide third party liability insurance and a certificate of clearance from Workplace Safety and Insurance Board. In addition, Mainstream staff performing the work must be trained in all Health and Safety practices and procedures including heat stress, WHIMIS, use of personal protective equipment and written procedures on application of graffiti removal materials and safe practices in accordance with City
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procedures. Mainstream will utilize the same graffiti removal process and product as used by City staff, and will provide removal services consistent with the Graffiti By-Law requirements including providing photographs of graffiti to the Niagara Regional Police.
Mainstream is required to enter into a fee-for-service agreement with the City to provide and define graffiti removal services on City-owned play equipment and park amenities. This agreement must be renewed by Mainstream, with approval by Council, prior to any works commencing on City property in 2014.
Financial Implications Fees for this service will be $45.00 per visit to include the first 30 minutes on site with a $15.00 per subsequent 15 minute increment spent on site. The fee for the first 30 minutes on site has increased since 2012, when the fee was $30.00. This increase is a result of rising costs of product, fuel, insurance and wages and is the first increase since 2009. The fee for subsequent time on site has not changed. These fees include deployment of two Graffiti Removal Workers and one supervisory Job Readiness Coach. All other materials and personal protective equipment are also included.
The Graffiti Committee has endorsed that services rendered by Mainstream be subject to an upset limit of $15,000. This limit remains the same as the 2012 removal program. Adequate funds for this service are available from the Graffiti Operations account which has been set up to provide assistance to graffiti removal initiatives.
Conclusion Mainstream has indicated interest in continuing graffiti removal services on City owned play equipment and park amenities on a fee-for-service basis as they have since 2009. Staff have reviewed this request and would recommend that Mainstream be authorized to continue to provide these services for the year of 2013 subject to review and approvals for additional terms and performance criteria outlined within this report.
Notification It is in order to advise Kristine Akilie, Communications and Community Development Co-ordinator, Mainstream: An Unsheltered Workshop, 263 Pelham Rd., St. Catharines, Ontario, L2S 1X7.
Submitted by: Jim Benson Assistant Director/Manager of Parks & Facilities
Prepared by: Kristen Sullivan Project and Development Planner
Approved by: Rick Lane, R.D.M.R. Director of Recreation & Community Services
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Graffiti Removal Summary City Parks
2012 Month # of Sites Amount Billed April 24$ 1,785 May 21 $ 1,620 June 18 $ 2,830 July 68 $ 4,250 August 68 $ 4,630 September 10 $ 675 October 6 $ 930 November 3 $ 180 Totals 218 $ 16,900
2011 Month # of Sites Amount Billed April 25$ 1,680 May 22 $ 1,425 June 31 $ 1,980 July 46 $ 2,070 August 5 $ 465 September 10 $ 765 October 4 $ 450 November 23 $ 1,770 Totals 166 $ 10,605
2010 Month # of Sites Amount Billed June 9$ 435 July 65 $ 2,970 August 33 $ 1,605 September 8 $ 570 October 1 $ 150 November 2 $ 105 Totals 118 $ 5,835
2009 Month # of Sites Amount Billed July 6 $ 1,035 August 10 $ 1,125 September 12 $ 870 October 2 $ 150 November 1 $ 120 Totals 31 $ 3,300
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Corporate Report
Report from Planning & Development Services, Policy
Date of Report: April 8, 2013 Date of Meeting: April 22, 2013
Report Number: PDS-103-2013 File: 60.2.38
Subject: Revisions to the Brownfield Tax Increment Based Incentive Grant Program (BTIGP) Agreements for Phases 1, 2 and 3 of Heritage Point Subdivision
Applications for a BTIGP and Municipal Application and Permit Fees Refund Program for 16 Woodburn Avenue; Heritage Point Subdivision; Owner: Brickyard Developments Limited
Recommendation That City Council approve a report from Planning and Development Services concerning amendments to the BTIGP agreements for the Heritage Point Subdivision and Financial Grant Incentive Programs for 16 Woodburn Avenue as outlined in the Staff Recommendation below. FORTHWITH
Staff Recommendation That City Council approve the request to delete Block 12, 30M-382 from the Phase I BTIGP agreement between Brickyard Developments Limited and the City of St. Catharines; and
That City Council approve the request to add Block 12, 30M-382 to the legal description of the BITGP agreement for Phase 2 between Brickyard Developments Limited and the City of St. Catharines; and
That City Council approve the request to change the development referenced in the BTIGP agreement between Brickyard Developments Limited and the City of St. Catharines for Phase 3 of Heritage Point Subdivision from 33 townhouses to a vacant lot condominium containing 26 single detached dwelling units; and
That City Council approve the application under the BTIGP in the amount of approximately $80,570 for Phase 4 of Heritage Point Subdivision at 16 Woodburn Avenue for a period not to exceed 10 years; and
That City Council approve the application under the Municipal Application and Permit Fees Refund Program in the amount of approximately $22,736 for the development at 16 Woodburn Avenue and that the Building Permit fees be refunded
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when all required municipal approvals are attained, authorization to occupy received and all required documentation is received; and
That the eligible expenditures be retro-active to April 13, 2010; and
That City Council approve the request from Brickyard Developments Limited to assign the BTIGP grant pertaining to Phase 4 to Charles and Bettina Campbell; and
That the City Solicitor be directed to prepare the amendments to the BTIGP agreements for Phases 1, 2 and 3 of the Heritage Point Subdivision between Brickyard Developments Limited and the City of St. Catharines and that the City Solicitor be directed to prepare the BTIGP agreement between Brickyard Developments Limited and the City of St. Catharines for Phase 4 at 16 Woodburn Avenue and any necessary by-law authorizing the execution of the agreement and other related documents; and
That Brickyard Developments Limited be further notified, pursuant to Council’s approval dated November 28, 2011, that any outstanding receivables from Brickyard Developments Limited relating to improvements to the abutting Municipal Golf Course, be rectified before any grant payments are made; and
Further that the Clerk be directed to make the necessary notifications. FORTHWITH.
Summary In regard to the Heritage Point Subdivision, this report recommends: • the deletion of Block 12, 30M-382 from the Phase I BTIGP agreement and adding it to the Phase 2 BITGP agreement; • the request to change the description of the residential development in the Phase 3 BTIGP agreement from 33 townhouses to a vacant lot condominium for 26 single detached dwellings; • approval of a BTIGP application pertaining to the development of 7 townhouses for Phase 4 of the development together with the approval of a Municipal Application and Permit Fees Refund Program for Phase 4.
Background Site Description The subject properties are located on the east and west sides of Woodburn Avenue, south of Queenston Street in the Queenston Neighbourhood, Community Improvement Area (see Appendix 1).
Project Description City Council has previously approved a BTIGP and Municipal Application and Permit Fees Refund Program as follows:
Phase 1: March 9, 2009 – pertaining to the construction of 55 townhouses and 5 single detached dwelling units
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Phase 2: November 7, 2011 – pertaining to the construction of 4 condominium apartment buildings containing an estimated total of 252 apartments
Phase 3: June 7, 2010 – pertaining to the construction of 33 townhouses.
As well, on March 29, 2010, City Council enacted a resolution respecting the request to adjust the BTIGP to allow the redevelopment of non-conforming uses for the Heritage Point development. More specifically, “that Council agree to adjust the ‘TIF rate’ for the Heritage Point Subdivision to a maximum of 95% based on actual costs incurred.” In addition, City Council has also approved the request that the property tax base rate be divided equally for each phase of the development.
Report Council has been requested to approve the following:
1. Administrative Amendments to the BTIGP agreements for Phases 1, 2 and 3
Phases 1 and 2
In order to facilitate development, the request is for the deletion of Block 12, 30M-382 from Phase I and adding it to Phase 2. Overall, shifting this land block from Phase 1 to Phase 2 has little financial impact except for a slight decrease in the BTIGP payment for Phase 1 and a corresponding increase for Phase 2. Staff has no objection to this request.
Phase 3
The owner has applied for site plan and draft plan of condominium approvals for 26 vacant lot single detached dwelling units rather than the originally referenced 33 townhouses for this phase. While this form of development is permitted by the City’s Zoning By-law, ideally the decrease of 7 units should be accommodated in the Phase 2 apartment development. Staff have no objection to the requested change of reference in the BTIGP agreement.
2. Phase 4 – Community Improvement Plan (CIP) Applications
On April 13, 2010, the City received applications under the BTIGP and the Municipal Application and Permit Fees Refund Programs. The required information has been provided to proceed with seeking Council approval to aid in the construction of 7 townhouses at 16 Woodburn Avenue. Since these applications were in process prior to Council approved CIP amendments in June 2012, previous policies apply. (See Appendix 2)
Brownfield Tax Increment Based Incentive Grant Program (BTIGP). This program is intended to provide financial incentives in the form of grants to property owners who undertake appropriate development or redevelopment of properties in the Community Improvement Project Areas that increase
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property assessment resulting in increased municipal property taxes. The annual grant is paid to the registered owner of the property (unless directed in writing otherwise) based on the Supplementary Notice received from the Municipal Property Assessment Corporation and subject to the Grant Program General Provisions. This incentive program is meant to stimulate investment by the private sector that would otherwise not take place by providing an eligible property owner with a grant equivalent to a portion of the resultant municipal property tax increases. It is anticipated that the nature of the redevelopment will be in the form of conversion and / or intensification of a brownfield site which results in increased taxes. According to the CIP, the total amount of an approved grant provided under this program “shall not exceed the cost of redevelopment of the brownfield site under eligible program costs.”
To minimize the cost and financial risk to the City, the BTIGP has been structured as a “pay-as-you-go” grant. The owner will be responsible for the entire cost of the redevelopment project and, the City will reimburse the property owner for the eligible cost improvements in the form of an annual grant. Each year, the property owner must first pay all property taxes. The City may then provide a grant equivalent to the approved portion of the increase in municipal taxes resulting from the property improvements. The total amount of an approved grant provided under this program shall not exceed the cost of redevelopment of the brownfield site under the eligible program costs.
Briefly, the grant is calculated as 80% of the Net Increase in Assessment multiplied by the applicable Tax Rate in the first year (Commencement Year). The total amount of an approved grant provided under this program shall not exceed the cost of redevelopment for the lands and buildings under eligible program costs.
As mentioned in the Background section of this report, in March 2010, City Council approved the adjustment of the ‘TIF rate’ for the Heritage Point Subdivision to a maximum of 95 percent based on actual costs incurred. Prior to the actual payment, an amendment to the CIP is required to facilitate the rate change from 80 percent to 95 percent in this instance.
For the Phase 4, the estimated eligible expenditures total approximately $1,370,000 composed of:
• Servicing Costs - $100,000 • Remediation Costs - $150,000 • Construction Costs - $1,120,000
Based on the increased property taxes to be levied on the property, the annual grant under the BTIGP, calculated at 95 percent, is estimated to be $8,057 in each year for a maximum period up to 10 years. As such, the total estimated grant is $80,570. No funds will be advanced by the City to the owner until construction has
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been completed and new taxes are generated based on a supplemental assessment from the Municipal Property Assessment Corporation (MPAC).
The Region, as in other cases involving the CIP, will partner with the City in terms of the return of taxes under the BTIGP. The annual grant returned to the owner will be from the increased property taxes levied on the property.
A standard clause in the BTIGP agreement between the owner and the City is that the applicant not transfer or assign the benefit of the subsequent BTIGP payments to any other party save and except with the consent of the City. In this case, the request has been for the assignment to Charles and Bettina Campbell. There is no concern with this request from the City’s perspective.
Municipal Application and Permit Fees Refund Program Phase 4. This program was intended to augment other grant programs. Where a property owner is undertaking improvements to lands and buildings in accordance with one or more of the grant programs, the City will provide a refund equivalent to the cost of normal application in accordance with the provisions of Section 69 of the Planning Act and permit fees in accordance with the provisions of the Building Code Act.
As of June 4, 2012, Council approved changes to the overall Community Improvement Plan including the cancellation of this program. Only applications that were in process as of June 4, 2012 remain eligible. Since this application (received April 13, 2010) was in process prior to June 4th, 2012, the following estimated fees remain eligible:
Zoning Amendment $ 3,500 Demolition Permits (2 @ $66 each) $ 132 Lifting of “H” Holding $ 1,000 Land Division $ 7,200 Building Permits (7 Townhouses) $10,904 Total $22,736
Financial Implications Phases 1, 2 and 3 The requested agreement changes are largely administrative in nature. Overall, anticipated payments for Phases 1 and 2 will be the same. BTIGP payment for Phase 3 will reflect the amount attributed to 26 detached dwellings rather than 33 townhouses. The amount will be similar.
Phase 4 Approval will commit Council to future years’ CIP budget funding under the BTIGP for a period of up to 9 years in the estimated amount of $80,570. Municipal Application and Permit Fees Refund Program is in the amount of approximately $22,736.
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Conclusion This report: • Recommends the request of the owner to amend the original legal descriptions for the Phase 1 and Phase 2 BTIGP agreements; more specifically, transferring a block of land from one agreement to the other agreement, • supports the request to change the referenced development from 33 condominium townhouses to 26 vacant land condominium single dwelling units for Phase 3, • recommends the approval of 2 CIP Programs being the Brownfield Tax Increment Based Incentive Grant Program and Municipal Application and Permit Fees Refund Program for Phase 4 of the development at 16 Woodburn Avenue.
Notification Ms. Terri Johns, President / Chief Operating Officer, NovaCore Consulting Group Inc., 2000 Garth Street, Suite 201, Hamilton, ON L9B 0C1 and Ms. Mary Lou Tanner, Associate Director, Regional Policy Planning, Integrated Community Planning Department, Regional Municipality of Niagara, 2201 St. David’s Road, P.O. Box 1042, Thorold, ON L2V 4T7.
Prepared and Submitted by: Bryan Morris Community Renewal Co-ordinator
Approved by: James N. Riddell, MPl., MCIP, RPP Director, Planning and Development Services
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Corporate Report
Report from Planning & Development Services, Implementation
Date of Report: April 3, 2013 Date of Meeting: April 22, 2013
Report Number: PDS-103-2013 File: 60.2.38
Subject: Applications for Amendment to the Garden City Plan and Zoning By-law, to Permit Commercial-Residential Development with permissions for very limited outdoor storage on a portion of the lands 88 Merritt Street; Owner: 418159 Ontario Limited (Sam DeMita) Applicant: Stephen Bedford Consulting Inc.
Recommendation That Council refer the applications to amend the Official Plan and Zoning Area By- law 62-86 (Zone 7) for lands known as 88 Merritt Street for consideration after the Public Meeting scheduled for April 29, 2013. FORTHWITH
Staff Recommendation A. Official Plan Amendment (File 60.30.310 Vol. 2) That approval be granted for an amendment to the Official Plan for the lands municipally known as 88 Merritt Street as follows;
(i) That Schedule D1 General Land Use Plan and Schedule E9, Land Use Pan of the East Planning District be amended by changing the designation the lands shown as Area D on Appendix 5 from “Natural Area” to “Mixed Use”
(ii) That Part E, Section 15.5.1 be amended by adding Policy (h) as follows;
h) Notwithstanding Part D, Section 12.1.viii) which prohibits auto related service facilities, outdoor storage is permitted on 88 Merritt Street only as an accessory use for the auto related service facility on adjacent lands at 186 Merritt Street. The outdoor storage area on 88 Merritt Street shall be limited to the north-west corner of the subject lands, and subject to a zoning by-law amendment.
B. Zoning By-law Amendment (File 60.35.975 Vol. 2) That approval be granted to amend Zoning By-law 62-86 (Zone Area 7) for the lands municipally known as 88 Merritt Street as follows:
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1. Area A, B, and D be rezoned from Environmental Protection Area (EPA) to Commercial Residential – Holding (CR-H) subject to the following special provisions:
a. Minimum building setback from the easterly zone line 5.0m b. Minimum setback to parking area from easterly zone line 3.0m c. Maximum building height 11.0m
2. Notwithstanding Section 6A.2.1 of By-law 2004-263 as it amends By-law 62-86 (Zone 7), Area B shall only permit outdoor storage as an accessory use to the automotive repair use on the abutting lot at 186 Merritt Street, in addition to the uses permitted in the CR zone, without the removal of the Holding (H) provision.
3. To lift the Holding (H) designation, the following condition must be fulfilled:
The Holding (H) designation requires that a signed and stamped Environmental Site Assessment be prepared and submitted to the City of St. Catharines for approval prior to the zoning taking effect. If contamination above provincial guidelines is found, a Record of Site Condition, or other acceptable documentation, shall be required for submission to the Ministry of Environment prior to the removal of the Holding (H) designation.
The Holding (H) designation shall be removed by Council, without further public hearing, once the above conditions have been met to the satisfaction of the Municipality.
C. That the existing Site Plan Agreement for 186 Merritt Street be amended to include those lands shown as Area B on Appendix 1, and
That the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P. 13, as amended, be processed by the City Clerk; and
That upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and further
That the Clerk be directed to make necessary notifications. FORTHWITH
Summary The above noted applications propose to permit Commercial-Residential development on the subject lands, together with a very limited amount of outdoor storage for the adjacent automotive repair use at 186 Merritt Street.
An Official Plan Amendment is required to recognize the limited physical extent of the natural area on the subject lands and to permit the automotive related outdoor storage on a small portion of the property.
A Zoning By-law amendment is required to permit commercial-residential development and to permit limited outdoor storage on a small block only as an Planning & Development Services, Page 2 of 15 Page 30 of 126 Implementation
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accessory use to the automotive repair use on abutting lands. The eastern corner of the property is to remain in a natural state, with the existing zone and land use designation. A concept plan for future development is attached as Appendix 3, although no development is proposed at this time.
Report a) Location: The site is located in the City’s East Planning District. More specifically, the property is located on the north side of Merritt Street, east of Sun Collision and west of Ball Avenue (see Appendix 1).
b) Existing Land Use:
i) Site:
The site is irregular in shape with a lot area of approximately 0.69 hectares (1.7 acres); a lot frontage of approximately 217m (711.94’) on south side of Merritt Street and a lot depth of approximately 67.23m (219.82’).
In recent years, the site has been occupied with outdoor storage (sea container units and vehicles) on the majority of the site. This use is not permitted in the existing Environmental Protection Area (EPA) zone, nor would it be permitted by the proposed amendment. At the time of writing of this report, the outdoor storage remains in place on the majority of the site. The site has been graded and is relatively flat. Only the far east edge of the site contains vegetation.
ii) Neighbourhood:
North: Trillium Railway (former railway, no longer in operation), Valleyview Municipal Park, single and semi-detached dwellings South: Automotive repair, industrial uses, office space on the south side of Merritt Street East: Trillium Railway, single and semi-detached dwellings West: Sun Collision (adjacent commercial automotive repair use at 186 Merritt Street)
c) Official Plan: The Garden City Plan designates the subject lands as Mixed Use and Natural Areas (Appendix 4). The Mixed Use designation permits a variety of commercial and residential land uses.
The Natural Areas designation permits the conservation of land. Section 12.1.viii prohibits automotive related uses.
An Official Plan amendment is required to recognize the limited extent of the natural features on the site (Area C on Appendix 5), and to permit limited outdoor storage (608 square metres) for the adjacent automotive repair use. Compliance with the Garden City Plan, and the requested amendment is addressed in the Planning Analysis section of this report. Planning & Development Services, Page 3 of 15 Page 31 of 126 Implementation
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d) Zoning: By-law 62-86 (Zone 7) as amended by By-law 2004-263 zones the entire site as Environmental Protection Area (EPA) (Appendix 2) which does not permit development, nor does it permit outdoor storage.
An amendment to the Zoning By-law is required to permit Commercial-Residential development and a small amount of outdoor storage only as an accessory use to the abutting automotive repair use.
Proposed Development The applicant is proposing to permit future commercial-residential development and recognize the limited extent of the existing natural area on the site. In addition, the applicant requests a limited amount of outdoor storage in the north-west corner of the site to function as an accessory use to the automotive repair use on the abutting lot to the west (186 Merritt Street, Sun Collision). The majority of the property will be used for future development in accordance with the proposed Commercial- Residential Zone. The eastern corner of the property is to remain in a natural state.
The outdoor storage which has been occupying the bulk of the site is to be removed, except for those areas where the proposed amending by-law would permit it. The site will be subject to a future application for Site Plan Approval when development is proposed. There is no current development application.
Circulation Comments The applications for an Official Plan and Zoning By-law amendment were circulated to all appropriate City departments and agencies for comments and requirements. No objections were received, however, several comments were offered.
Niagara Escarpment Commission (NEC) The property is designated “Urban Area” in the Niagara Escarpment Plan (NEP) and is regulated by municipal zoning since it is outside of the Development Control Area. The Niagara Escarpment Commission was satisfied with a proposed 3 storey height limit to maintain the characteristics of the area. The NEC offered no further objection provided they are circulated future applications for site plan approval.
Niagara Region The Niagara Region noted that the proposal will facilitate future development / intensification of the land within the built up area of the city in accordance with the surrounding Mixed Use designation in the Garden City Plan. It was further noted that future residential development should be subject to a Record of Site Condition (RSC).
Niagara Peninsula Conservation Authority The Niagara Peninsula Conservation Authority (NPCA) has advised that the subject property is not impacted by any lands regulated by their Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercorses (O. Reg. 155/06).
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The NPCA further noted that the Niagara Region’s Core Natural Heritage Mapping identifies the most eastern portion of the subject lands as being an Environmental Conservation Area (ECA) because of the presence of a Significant Woodlot. The NPCA notes that this woodlot is separated from the majority of the property by a fence.
Policy 7.B.1.1 of the Regional Environmental Policies permits development within an ECA if it has been demonstrated that over the long term that will be no significant negative impacts to the core natural feature or it’s ecological functions. In this case, it has been confirmed through the Planning Justification Report submitted with the application, that the proposed amendments will involve only the lands within the existing fenced portion of the property (Areas A, B, and D in Appendix 1). All lands to the east of the fence line on the subject property will remain in the existing Environmental Protection Area (EPA) zoning. As the Significant Woodlot is contained on the lands to the east, this ECA will remain protected.
Recreation and Community Services Recreation and Community Services commented that proposed development should be subject to landscaping requirements for the Commercial-Residential zone.
Planning and Development Services – Development Division Existing fencing is located within the Merritt Street municipal right of way and should be removed. Servicing and access to the site may require an easement over 186 Merritt Street; this will be addressed through detailed design through a subsequent application for Site Plan Approval.
Other comments The Traffic Division of Transportation and Environmental Services offered no objections with respect to the application. Trillium Railway was circulated the application twice but did not provide any comments. They will be circulated future applications for Site Plan Approval for comment.
Public Open House A public open house was hosted by Planning and Development Services on February 26, 2013. The purpose of the meeting was to present the applicant’s proposal and provide an opportunity for questions to be asked and comments to be received by City Staff before formulating a recommendation.
There were two (2) members of the public in attendance and three (3) representatives on behalf of the applicant. The comments and concerns are summarized below:
-Illegal dumping and grading of contaminated waste has taken place on the site. -There are drainage problems along Pinecrest Avenue and Ker Street which are caused by the grading on the subject lands, and the development of surrounding properties.
In addition to the Open House, one letter of comment was received. This letter reflected the same concerns as above. Planning & Development Services, Page 5 of 15 Page 33 of 126 Implementation
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These comments and concerns will be addressed in the Planning Analysis section of this report.
Planning Analysis Provincial Policy The Niagara Region has advised that the subject property is within a settlement area under the 2005 Provincial Policy Statement (PPS) and identified as a Built Up Area in the Places to Grow Growth Plan for the Greater Golden Horseshoe (Growth Plan). The plan directs growth to areas where appropriate levels of services and infrastructure exist and encourages the development of complete communities with a diverse mix of land uses, and range and mix of employment and housing types, high quality public open space, and easy to access stores and services. Land use patterns shall be based on densities and a mix of land uses that effectively use land, resources, infrastructure, and public service facilities which are planned or available. The proposed amendment will facilitate the use and future development of this land.
Regional Policy According to the Region’s Official Plan, the property is within the Urban Area Boundary for the City of St. Catharines and within the Built Boundary under Amendment 2-2009 (Niagara 2031 Sustainable Community Policies / Conformity Amendment). A full range of residential, commercial, and industrial uses are permitted generally within the Urban Area. Policy 7.B.1.1 of the Region’s Environmental Policies permits development within an Environmental Conservation Area (ECA) if it has been demonstrated that, over the long term, that there will be no significant negative impacts to the core natural feature or it’s ecological functions. Since the Significant Woodlot is contained on the most eastern part of the subject lands, this ECA will remain protected.
Official Plan The Official Plan (The Garden City Plan) designates the subject lands as Mixed Use and Natural Areas (Appendix 4 – Land Use Designations).
The Mixed Use designation is intended to provide a broad array and mix of medium and higher density housing, work, live accommodation, commercial, local office, institutional, indoor recreation, and cultural uses. This designation recognizes areas that have evolved as mixed use corridors over time, or where significant opportunities for development, re-development, or intensification have been identified.
The Natural Areas designation is located at the east end of the property (currently Areas C and D shown on Appendix 5) but does not appropriately represent the extent of the natural feature (Area C on Appendix 5). An Official Plan Amendment is required to recognize the limited extent of the natural feature on the subject land. Older air photos of the land indicate that there was some vegetation which may have led to the current designation of the property, however the extent of any environmental significance of the property is not well documented. The bulk of the site has been cleared and graded. Neither the NPCA, nor the NEC, have indicated any environmental concerns, nor have they offered any objections or concerns with
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respect to the proposed amendment. As such, the current Natural Areas designation shown on Area D is considered to be no longer relevant.
The Mixed Use designation on the bulk of the site permits a variety of commercial and residential uses. The applicant has submitted a concept plan demonstrating the site’s capacity for building within the proposed Commercial-Residential (CR) zoning including proposed outdoor storage on a small portion of the site. This plan is included as Appendix 2 and demonstrates the construction of a 1007 square metre (10,839 square foot) building with sufficient parking to meet current zoning requirements. The concept plan maintains all required setback and landscaping requirements and demonstrates that the subject lands can provide for the limited outdoor storage while maintaining site function for future development which meets the requirements of the Mixed Use designation. Further, the concept plan provides additional screening of the proposed outdoor storage area, further reducing any potential visual impacts along Merritt Street or land use conflicts. Lands north of the proposed outdoor storage will continue to be buffered by existing vegetation, the Trillium Railway lands, and the municipal park.
Section 12.1(viii) of the Garden City Plan does not permit automotive related service facilities in the Mixed Use designation. The applicant is proposing to amend the Official Plan to permit outdoor storage in conjunction with the adjacent automotive repair shop at 186 Merritt Street, known as Sun Collision. This use is recognized as a legal use. This use is proposed for Area B only (see Appendix 1). Permissions for this small outdoor storage area will assist in the day to day function of Sun Collision which has recently undergone a number of site improvements. It should be noted that Sun Collision owns the subject lands, albeit on separate lots.
This small outdoor storage area is specifically limited in scale and location, and is tucked at the back corner of the property. The proposed location and size will ensure that the Mixed Use Corridor along Merritt Street is maintained. In the short term, the extensive setback from Merritt Street, combined with Site Plan requirements for fencing and landscaping, will reduce any visual impact along the Merritt Street Mixed Use Corridor. The urban design requirements to be applied at time of site plan approval should have the effect of improving the Merritt Street streetscape, as was shown with the recent improvements to the Sun Collision property.
In light of the above, staff are supportive of the proposed Official Plan amendment.
Zoning By-law Commercial-Residential Zone The subject lands are zoned Environmental Protection Area (EPA) (Appendix 2). However only the far east corner of the property is impacted by a small woodlot. The applicant is proposing to change the zoning to Commercial-Residential only for the lands which are not impacted by the woodlot (Areas A, B and D on Appendix 1). This proposed zone is both consistent with the Garden City Plan’s Mixed Use designation, and with the zoning of the other properties fronting onto Merritt Street which are also zoned Commercial-Residential.
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Prior to the subject land’s use as outdoor storage, the land was vacant. As discussed above, the origin and extent of any environmental significance of the property is not well documented. The bulk of the site has been cleared and graded. Neither the NPCA, nor the NEC, have indicated any concerns with respect to any environmental concerns, nor have they offered any objections or concerns with respect to the proposed zoning by-law amendment. As such, the current Environmental Protection Area (EPA) zoning of the majority land is considered to be no longer relevant.
Comments from the NPCA indicate that only the far east wooded corner of the property is impacted by natural features and should remain zoned as Environmental Protection Area (EPA). Buildings should be setback 5.0m from this area, and the parking area should be setback 3.0m. The side and rear yard setback requirements for the Commercial-Residential zone are zero adjacent to the EPA zone. In light of comments from the Niagara Escarpment Commission, a maximum height of 11.0m is recommended to preserve the backdrop and views of the Escarpment.
Outdoor Storage Section 6A.2.1 of the Zoning By-law 2004-263 does not permit outdoor storage in the Commercial-Residential zone. The applicant has requested that outdoor storage be permitted as an accessory use to the adjacent automotive repair use at 186 Merritt Street in Area B only. As noted in the above comments pertaining to the proposed Official Plan Amendment, the proposed outdoor storage will assist the adjacent use in day to day functions while ensuring that any outdoor storage and staging areas are out of view. As well, the proposed location and size of the storage area are limited in scale to ensure that the remainder of the site can accommodate future development in accordance with the proposed Commercial- Residential (CR) zone. The storage area will be subject to Site Plan Control in order to address matters such as fencing and landscaping. The proposed storage area is already sufficiently buffered to the north by existing vegetation, the Trillium Railway lands, and a municipal park. The Zoning By-law permits a maximum fence height of 1.8m (6.0 feet) which will ensure adequate screening of the storage area.
Holding Zone Provision The subject lands have and continue to be used for outdoor storage. This use is in contravention of the zoning by-law. Given the unknown nature of the materials stored on these lands, as well as the history of development in the area, a Holding (H) provision is recommended for the lands. This provision will ensure that an Environmental Site Assessment be prepared and submitted to the City of St. Catharines for approval prior to any other use being permitted. If contamination above provincial guidelines is found, a Record of Site Condition, or other acceptable documentation, shall be required for submission to the Ministry of Environment prior to the removal of the Holding designation. As the proposed outdoor storage is not considered by the Ministry of the Environment (MOE) to be a more sensitive land use, removal of the Holding provision will not be required for this use only.
In light of the above, staff are supportive of the proposed zoning by-law amendment, subject to the recommendation in the report.
Open House Comments
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With regard to the comments expressed at the Open House, the following is offered.
Comment: Illegal dumping and grading of contaminated waste has taken place on the site
Response: With respect to the potential of contamination on the lands, the City has provided information to the Ministry of Environment (MOE) and met onsite with MOE staff. It is understood that the Ministry of Environment has been onsite several times to investigate complaints of soil contamination. The MOE has advised that they find no evidence of soil contamination.
The recommended zoning of the lands includes a Holding (H) provision. This provision will ensure that an Environmental Site Assessment be prepared and submitted to the City of St. Catharines, prior to development. If contamination above provincial guidelines is found, a Record of Site Condition, or other acceptable documentation and mitigation measures, shall be required for submission to the Ministry of Environment prior to the removal of the Holding designation. Development cannot occur until the Holding (H) designation is lifted.
Comment: There are drainage problems along Pinecrest Avenue and Ker Stret which are caused by the grading on the subject lands and the development of other properties in the area.
Response: Staff have determined that complaints regarding drainage in this area are largely because of seasonal snow melt and heavy rain conditions. Site plan approval required for any future development will insure new development does not impact abutting properties.
Planning Analysis Conclusion In summary, staff are supportive of the applications to permit commercial-residential development on the subject lands and to recognize the site’s limited natural features. A limited amount of outdoor storage in the north-west corner of the site to function as an accessory use to the automotive repair use on the abutting lot will not interfere with the site’s development and is in accordance with the Mixed Use land use designation and the Commercial-Residential zone provisions. The eastern corner of the property is to remain in a natural state, and will remain zone Environmental Protection Area (EPA).
Staff note that the existing use of the site for outdoor storage is not consistent with the proposed amendments. Staff will be pursuing enforcement of the Zoning By- law, once the proposed amendment takes effect.
In accordance with established procedures the date for the public meeting is provided in the recommendation and notices for the public meeting have been circulated.
Should Council consider not supporting the Staff Recommendation, Council is advised to defer its decision until such time as a second planning opinion from an outside consultant can be obtained. In the event the second planning opinion is supported by Council, and Council makes a decision based on that second planning opinion, and if and when the matter should be heard before the Ontario Municipal Planning & Development Services, Page 9 of 15 Page 37 of 126 Implementation
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Board, then the planner who has provided the second opinion shall be retained for the purpose of a hearing before the Ontario Municipal Board.
Financial Implications Not applicable.
Conclusion In summary, the proposed amendments are appropriate for the long term development of the area in accordance with the Mixed Use designation of the Garden City Plan. Staff is satisfied that the recommended zone provisions are appropriate for the successful development of this proposal.
Notification It is in order to advise Stephen Bedford Consulting Inc.
Submitted by: Judy Pihach, M.C.I.P, R.P.P Manager of Planning and Development Services
Prepared by: Jessica Button, M.C.I.P, R.P.P Planner I
Approved by: James N. Riddell, M.Pl., M.C.I.P, R.P.P Director of Planning and Development Services
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Appendix 1 – Proposed Zoning By-law Amendment
Areas A, B, and D to be re-zoned from Environmental Protection Area (EPA) to Commercial-Residential-Holding (CR-H) in the Zoning By-law.
Area B to permit automotive related outdoor storage as an exception to Section 6A.2.1 of By-law 2004-263 of the Commercial-Residential (CR) zone in the Zoning By-law.
Area C to remain Environmental Protection Area (EPA) in the Zoning By-law.
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Appendix 2 – Existing Zoning
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Appendix 3 – Concept Plan for Future Development
Sun Collision, 186 Merritt Street
Proposed Storage
Proposed Building Screening
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Appendix 4 – Existing Garden City Plan (Official Plan) Land Use Designations
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Appendix 5 – Proposed Official Plan Amendment
Area D to be re-designated from Natural Areas to Mixed Use on Schedule D1 General Land Use Plan and Schedule E9, Land Use Pan of the East Planning District.
Area C to remain Natural Area in the Garden City Plan.
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Corporate Report
Report from Transportation & Environmental Services, Operations
Date of Report: March 26, 2013 Date of Meeting: April 22, 2013
Report Number: TES-90-2013 File: 10.13.5
Subject: Request for Exemption from Noise By-law 95-198 Highway 406 Pavement Rehabilitation
Recommendation That Council approve the request from the Ministry of Transportation, Ontario, seeking an exemption from By-law 95-198 (A By-law to Regulate and Prohibit Noise), to permit night work associated with the rehabilitation of Highway 406, south of Westchester Crescent; and
That the City Clerk be directed to make the necessary notifications. FORTHWITH
Background The Ministry of Transportation, Ontario (MTO) is planning to rehabilitate 0.7 km of the northbound lanes on Highway 406, south of Westchester Crescent. The length of the contract is from mid-July to the end of October. The majority of the work involves milling and resurfacing of the northbound lanes as well as slope stabilization and improved drainage on the east embankment. Given the volume of traffic which utilizes Highway 406 on a daily basis and the operating speed of the highway, lane closures will be required to perform this work efficiently and safely. As such, night time work is being proposed by the MTO for this project and they are seeking an exemption from By-law 95-198 (A By-law to Regulate and Prohibit Noise) to perform this work.
Report Sections 3.1 (e) and 3.2 of By-law 95-198 prohibit the operation of construction equipment between 23:00 hours one day and 07:00 hours the next day. Although By-law 95-198 expressly prohibits construction activities during these hours, it is common for such activities to take place on the Provincial highway system given the operational and safety issues associated with this type of work.
Staff have reviewed MTO’s request and support the exemption provided no piling or blasting activities take place during the exempted hours. Based on the project brief provided by MTO, these activities are not planned for this project. In order to
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address any noise complaints that do result from this overnight work, MTO has developed and will implement a process for dealing with such complaints as they arise.
Financial Implications Not Applicable
Notification It is in order that Graziano Masiello, Environmental Planner – Acoustics, Planning & Environmental Office, Ontario Ministry of Transportation, Bldg D, 3rd Flr., 1201 Wilson Ave., Downsview ON M3M1J8 be so advised.
Submitted by:
Kris Jacobson Manager of Transportation Services
Prepared by:
Steve Bittner Transportation Technologist
Approved by:
Dan Dillon, P. Eng. Acting Director
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Corporate Report
Report from Recreation and Community Services, Director
Date of Report: April 5, 2013 Date of Meeting: April 22, 2013
Report Number: RCS-087-2013 File: 68.45.109
Subject: Spectator Facility Long Term Management Agreement
Recommendation That Council approve the execution of a 20 year Management Agreement for the Spectator Facility with SMG Canada U.L.C.; and
That the City Solicitor be directed to prepare the necessary agreements and by-laws. FORTHWITH.
Summary SMG Canada U.L.C. (SMG) and the City of St. Catharines (City) have worked to develop a long term Management Agreement for the Spectator Facility (Facility) that extends beyond the originally proposed five year contract, as approved by Council. The proposed agreement is for 20 years and includes a Pre-Opening Management Phase and a Management Phase. SMG has committed the provision of a $1 million value added contribution to the project with the execution of this agreement.
Background On September 19, 2011, Council approved the following motion:
That SMG Canada, U.L.C. be retained to provide project consultant services for the St. Catharines Spectator Facility Project.
On October 29, 2012, Council approved the following motions:
That Council authorize the allocation of a $1,000,000 value-added contribution from operator SMG Canada U.L.C. to the spectator Facility furniture, fixtures and equipment budget; and
That Council authorize staff to begin negotiations with SMG Canada U.L.C. on a long-term management agreement.
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Since engaged in September 2011, SMG has been involved in the pre and early construction phase of the project providing consulting services related to the Program, Design Development, and Construction Phases.
Report Staff have successfully negotiated a long-term management agreement with SMG. The proposed 20 year management agreement would commence on May 1, 2013 until April 30, 2033, with an option to renew for an additional 10-year period. To ensure that the contract accurately reflects the market conditions, the terms and conditions will be renegotiated in five year increments during the period.
There are two distinct terms within this 20 year agreement, as outlined below:
Pre-Opening Management Term The Pre-Opening Management Term is for a period of 16 months from May 1, 2013 to August 31, 2014. The specific activities of this term include all pre-opening management, operations, marketing, advertising/sponsorship and FF&E procurement services leading up to a grand opening event.
A fixed fee of $7,500 per month and reimbursement for all approved expenses incurred in connection with the services rendered during the Pre-Opening Management Period will be paid to SMG commencing in September 2013. These expenses are submitted in advance to the City for approval and inclusion in the Recreation and Community Services Operating Budget. There is currently $200,000 allocated in the approved 2013 Recreation and Community Services Operating Budget.
Management Term The Management Term is for a period of 18 years, 8 months, from September 1, 2014 to April 30, 2033. This term includes the general Management of the Facility, including the promotion, operation and management of the Facility, and to provide food and beverage services.
A fixed fee of $14,500 per month, adjusted annually to reflect the Consumer’s Price Index (All Items) for Ontario, will be paid to SMG. In addition, the City will incur the operating expenses for the Facility. These expenses are submitted to the City for approval and inclusion in the Recreation and Community Services Operating Budget. The annual budget will be submitted to the Director of Recreation and Community Services in August of each year.
An annual incentive fee, made up of financial and non-financial incentives, will not exceed 50% of the base fee, or $87,000 in any given year.
$1 million commitment to the Facility for value added services With the successful execution of the 20 year agreement, SMG has committed a $1 million value added contribution to the Facility. As part of this commitment, to facilitate
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the marketing and functionality of the Facility as a multi-purpose spectator venue, SMG has included the provision that the capital contribution will be applied as follows:
• Maintaining the roof height of the Facility from the event floor to the low steel at fifty-two (52) feet; • Installation of a rigging grid for end-stage and half-house productions; • Installation of a catwalk system; and • Installation of a bi-directional fall protection system.
SMG and the City agree that once funds have been expended with respect to the items listed above, any unspent portion of the SMG capital contribution is to be used at the City’s discretion relating to the Facility.
The Facility improvements afforded by this contribution will provide program elements that will attract more diverse spectator events and, as a result, increase opportunities for the community and for revenue generation.
Financial Implications Value-added contribution Following the execution of this agreement, SMG will provide $1 million to be used as outlined above. This contribution will fund the project over and above the original overall budget of $50 million with a guaranteed maximum design builder price of $45 million. The contribution will be amortized over the 20 year period by SMG.
Fees
Term Phase Dates Fee Pre-Opening Management September 1, 2013 – August 31, 2014 $7,500/month
Management September 1, 2014 - April 30, 2033 $14,500/month
In addition, the annual Management Incentive Fee will vary and only be provided to SMG when the Facility is profitable. It will be paid up at a rate of 30%, up to a maximum of $87,000.
Expenses The City will incur operating expenses related to both the Pre-Opening Management Phase and the Management Phase. These expenses will be submitted to the City for approval prior to being incurred and will be incorporated into the RCS Operating Budget annual submission for approval by Council.
Revenues The City will receive 70% of net profit over and above the net profit benchmark which will be mutually agreed upon with SMG.
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Conclusion SMG is a leading operator of facilities of similar size across North America. Through the execution a long term management agreement with SMG, the project will receive both a $1 million financial contribution and a 20 year operational commitment. This will provide a Facility that enables the City to best meet the needs of the community, while improving the contribution to the development of the downtown and positioning for long term success.
Notification Bob Cavalieri, SMG
Prepared by: Amy Tomaino Executive Assistant, Recreation and Community Services
Submitted & Approved by: Rick Lane Director of Recreation and Community Services
David Oakes Director of Economic Development and Customer Service
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Corporate Report
Report from Office of the Chief Administrative Officer, Administration
Date of Report: April 12, 2013 Date of Meeting: April 22, 2013
Report Number: CAO-110-2013 File: 35.23.26
Subject: Niagara Regional Police District 1 (St. Catharines) Detachment Location
Recommendation That Council endorse the 68 Church Street as its preferred location for the redevelopment of the Niagara Regional Police District 1 (St. Catharines) Detachment. FORTHWITH
Background The road to a new District 1 (St. Catharines) detachment is a long one, which is also intertwined with efforts to build a new Niagara Regional Police (NRP) headquarters. It begins with the NRP facilities needs assessment and accommodation plan completed in August 2007. Completed by Redbanks Pepper Littlewood Architects Inc. and accompanied by a cost-benefit analysis, the report set out four options to reorganize police facilities in Niagara.
In early 2008, following several public meetings across Niagara, former Police Chief Wendy Southall presented her preferred option, known as the B-2 model. This option would see the construction of a central headquarters, including a new District 2 (Niagara Falls) detachment, in Niagara Falls with new 7,000 sq. foot buildings for Districts 8 (Grimsby) and District 5 (Fort Erie), and a 10,000 sq. ft. for District 1 (St. Catharines.)
The B-2 model, at an estimated cost of $94.7 million, was supported by the police services board in February 2008, which issued a request for proposals to landowners able to provide property for the development.
The City of St. Catharines responded to this request by submitting three options which would keep a central headquarters and a new District 1 detachment downtown. While two of these options were eventually deemed unsuitable for a variety of reasons, the City remained committed to the third option which was redeveloping the 68 Church Street site. City officials continued to advocate for this option until the Niagara Falls location was eventually selected in 2010
Despite the police board’s approval, Regional Council objected to the plan’s high price tag. In February 2008, Region Council conditionally approved $34.1 million for the
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accommodations plan, but questioned publicly whether it could afford the entire plan. The police board argued the Region had a responsibility to provide adequate and effective police service and that the full $94.7 million was required.
The funding issue was referred to the Ontario Civilian Commission on Police Services (OCCOPS), a provincial body with responsibilities for adjudicating disagreements between police agencies and funding municipalities. A hearing before the commission was avoided in September 2009 when both sides agreed to a settlement.
The minutes of settlement committed both sides in the dispute to jointly develop a project master plan to control the scope, budget and schedule of the project, which was broken into three phases. Phase one included the construction of a central headquarters and a new District 1 (St. Catharines). Total budget for the first phase was set at $83 million, which included the $34.1 million previously approved by Regional Council. Of the $83 million, $10 million was later earmarked specifically for District 1 (St. Catharines.)
In June 2010 the draft master plan found both a new 235,000 sq. ft. central headquarters and 23,000 St. Catharines detachment could be built within the budget established in the minutes of settlement. This figure anticipated the rebuilding of District 1 (St. Catharines) on site at 68 Church Street.
The final version of the master plan was released in April 2011 and reduced the size of the District 1 (St. Catharines) to 22,000 sq. ft., but maintained the commitment to build the headquarters in Niagara Falls.
At its March 4, 2013 meeting, City Council approved the following motion:
That this Council support all sites in the downtown, including 155 Ontario Street, as potential site locations for the district police detachment and / or the provincial offences court house in the City of St. Catharines.
Representatives from the NRP appeared before City Council on March 18 to express their preference to build at 155 Ontario Street, a portion of the former Hotel Dieu hospital site.
Report While the process to replace the aging District 1 detachment began more than six years ago and has gone through several changes along the way, one thing has remained constant – 68 Church Street would remain the site of the District 1 detachment. Police Services Board Chairman Henry D’Angela acknowledged this as part of his presentation to City Council on March 18.
Master plan recommends building at 68 Church Street In the final master plan report dated April 2011, which was approved by Regional Council, authors McLaren, Wilson and Lawrie, in association with Redbanks, Pepper,
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Littlewood Architects makes clear the intention is to keep District 1 detachment at 68 Church Street. The report states:
“The existing 68 Church building is proposed to be vacated. It is recommended that the building be demolished and the land retained by the Region. A portion of this land will be used for surface parking to serve the new 1 District station in St. Catharines. The new District 1 will be constructed on the block, while the new headquarters building is being constructed.”
It wasn’t until summer 2012 that the NRP first indicated 68 Church Street would no longer meet their needs. This conclusion was reached following an exercise to review critical success factors by the design team, including Redbanks, Pepper, Littlewood Architects, engaged by Niagara Region in April 2012 This is the same firm involved in authoring the master plan which recommended retaining 68 Church Street just one year earlier.
City officials maintain 68 Church Street is preferred site NRP representatives met with City officials, including Mayor Brian McMullan, following the review of critical success factors to discuss possible alternative locations including 155 Ontario Street (a portion of the former Hotel Dieu site, located, near the existing EMS building.)
At that time the City made it clear that its preferred location continued to be 68 Church Street and that police facilities were not a permitted use at 155 Ontario Street under the City’s Official Plan or zoning by-law.
Three other sites were offered as possible alternatives, two of which were later dismissed due to challenging terrain. A third site at Welland Avenue and Geneva Street became the NRP’s preferred choice. At a meeting in November 2012, City officials again expressed their preference for the 68 Church Street site.
NRP operational review vs. City planning policies NRP representatives indicated the preferred location as optimal in terms of police operations. This is not the same as being optimal for the City from a land use planning perspective. While a strong police presence in downtown is an important community component it is not the only item City Council has to consider. Unlike the police who are rightly concerned first and foremost with policing, City officials need to view the community as a whole, keeping in mind how the community will develop in the future.
To do this the City has a series of plans and policies written to ensure the community of tomorrow is as envisioned today. These include the Garden City Plan (the City’s Official Plan), zoning by-law, and Community Improvement Plan, all of which are explained below.
The Garden City Plan (Official Plan) essentially outlines the long-term vision of the City as a sustainable community, which balances health and social well-
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being, cultural identity and vitality, economic opportunities and environmental responsibility, and meets the needs of existing and future generations.
The zoning by-law implements the planning policies outlined in the Garden City Plan (Official Plan). It regulates how land can be used, covering a wide range of things from where buildings can be located on a property, to parking requirements and building height.
The Community Improvement Plan provides financial incentives for private sector property owners, designed to stimulate development/redevelopment in areas designated as community priorities.
The goal of these policies is to create compact, walkable neighbourhoods, which is especially important given St. Catharines’ limited land inventory. These kinds of neighbourhoods encourage transit linkages, higher-density residential developments and discourage using developable land for surface parking.
The City’s planning policies are in keeping with the Province’s Places to Grow Policy, which sets out a Growth Plan for Ontario. The Growth Plan specifically identifies Downtown St. Catharines as an urban growth centre, which defines focal areas for investment in institutional and region-wide public services. The Growth Plan also sets targets of minimum gross density of 150 residents and jobs combined per hectare by 2031.
Garden City Plan (Official Plan) does not permit NRP facility The NRP’s preferred site at 155 Ontario Street is part of a large property which is the former Hotel Dieu hospital site. Prior to August 2010 the site was designated as major institutional in the City’s former Official Plan to recognize the longstanding use of the property for a hospital. However the Garden City Plan, adopted by the City of St. Catharines in August 2010 after a lengthy public consultation and approved by Niagara Region in July 2012, designates it as Medium High Density Residential.
This designation allows between 60 and 198 units per hectare as well as some local- serving commercial uses, as long as they are built together with a residential building. There are no permissions for office or civic uses on the scale proposed by NRP or for a relocated provincial court facility.
The designation on the site is reflective of the City’s desire to encourage more residential development downtown as part of plans to revitalize the city’s core. It is also in keeping the Niagara Health System (NHS) desire to see the property used for residential development, once it was vacated.
Police detachment not a permitted use under current zoning The current zoning of the site permits a hospital together with accessory uses and various residential uses within the Residential RC and RB zones. The zoning dates
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back to 1959 with amendments in 1973 (to address additional lands acquired by NHS) and 1985 (to permit a heliport).
The draft zoning by-law, which has been written to implement the Garden City Plan, zones the lands as R4, High Density Residential a high density designation which permits a variety of dwelling types and a very limited range of office and retail uses on the ground floor of a high density residential building. The new draft zoning by-law would not permit a major office use, such as that proposed by NRP for its District 1 detachment. The draft zoning by-law is currently in the public consultation phase and has not yet been approved by City Council.
Development expectations for Ontario Street site In 2006, the NHS issued a Request for Expression of Interest (RFEOI) to redevelop the Hotel Dieu site in anticipation of the hospital closing once the new west-St. Catharines facility opened. A number of submissions were reviewed by NHS, which specifically excluded commercial interests as being an acceptable reuse of the site, with an exception for a mixed use residential/ commercial development scenario where medical offices could be included as a service to the neighbourhood. Mountainview Homes in partnership with Walker Industries proposed a residential development and was selected as the successful candidate.
With the development expectations for the Hotel Dieu site clear, the City proceeded to designate it as residential in the Garden City Plan (Official Plan.) During the extensive public consultation and subsequent review and approval by Niagara Region, there were no objections to this site being designated for residential development.
CIP extended for Ontario Street site Following the purchase of the former Hotel Dieu property, representatives of Mountainview/Walker Industries met with City staff in January 2006 to outline their plan for redevelopment of the site. As part of the these meetings, the property owner expressed concern the Community Improvement Plan (CIP) for the area would expire at the end of 2009 before redevelopment could take place.
This would mean the project would not be eligible for the financial incentives offered as part of the program. To address this, City Council agreed in May 2006 to extend the CIP for the Hotel Dieu for an additional five years, expiring at the end of 2014.
An application for CIP funding for this site has not yet been received. However recently representatives of Mountainview and Walker Industries met with City staff and requested consideration for CIP funding for potential commercial/office uses instead of residential purposes. They were advised that staff could not support CIP funding for uses other than those permitted in the Garden City Plan (Official Plan) and zoning bylaw. In the case of the Hotel Dieu site, this would be residential only.
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155 Ontario Street requires Official Plan, zoning by-law amendment With the Medium High Density Residential property designation in place, any plan to develop the District 1 detachment at 155 Ontario Street would require an amendment to the Garden City Plan (Official Plan), and the City’s current zoning by-law. The Garden City Plan, approved by Niagara Region in July 2012, is in conformity with the Region’s Official Plan and the Province’s Places to Grow Plan. As such staff would require sound planning rationale to consider an amendment.
In addition to the information and materials required under the Planning Act and any other legislation or regulation, additional information in the form of studies or assessments would be required. This list includes, but may not be limited to:
• A full planning justification and analysis to justify the amendments to the Official Plan and Zoning By-law • Soil, environmental audit, record of site condition • Servicing/infrastructure study to substantiate servicing availability and suitability • Storm water management study • Parking and traffic impact study • Active transportation circulation plan • Cultural heritage and impact study since the site is adjacent to the Queen Street Heritage District and near the Yates Street Heritage District. • Any environmental or geotechnical studies that may be required by the NPCA related to the Adjacent Twelve Mile Creek.
Even if the amendment were approved the process can be lengthy and would likely delay the development of the new detachment building.
The Planning Act states a municipality can take up to 180 days to process an Official Plan amendment from the time a completed application is submitted. Complete, in this instance, refers to an application that has all the completed documentation and studies, as required by planning staff.
Any decision on an Official Plan amendment is subject to appeal to the Ontario Municipal Board (OMB). While it is difficult to predict if such an appeal would take place in this situation, past experience has shown the appeal process could take a year or longer to resolve.
With a City Council decision and OMB appeal out of the way, site plan approval would take an additional three to four months before a building permit could be issued to begin construction on the site.
Existing NRP site meets planning requirements The existing NRP location at 68 Church Street is currently designated in the Garden City Plan (Official Plan) as a Mixed High Density Residential / Commercial, which permits institutional uses, such as a police detachment.
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The current zoning by-law designates 68 Church Street as Business Commercial, which permits a variety of commercial uses including offices. This zoning allows for a police detachment.
The draft zoning by-law designates the site as M2 – Medium/High Density Mixed Use. This zoning permits a variety of uses including Emergency Services Facility, which is defined as “a premises for the provision of fire, ambulance and/or police services.
In addition, 68 Church Street is also part of the provincially-designated Urban Growth Centre.
With the site compliant with both the Garden City Plan and current zoning bylaw and provincial policy, the development at 68 Church Street could move forward without delay. Site plan approval takes approximately three to four months based on a complete application. Under the Ontario Building Code, the City has to issue a building permit within 30 working days of receiving a completed application. Site plan review and building permit review may overlap in processing time which could mean faster approval.
Financial Implications There are no financial implications to the Corporation as a result of the recommendations contained in this report.
Conclusion From the earliest stages of the police long-term accommodations plan, 68 Church Street has been the planned site for the new District 1 (St. Catharines) detachment. This was confirmed by the master plan document and publicly by police board representatives. City officials have remained consistent in their position that 68 Church Street is the preferred location.
While the NRP have indicated their preference to build at 155 Ontario Street, the fact remains that this site is not designated for this type of development in the Garden City Plan (Official Plan) or the City’s current and draft zoning by-laws, nor is it part of the provincially-designated Urban Growth Centre.
Given that the designations on 68 Church Street in the Garden City Plan (Official Plan) and the current and draft zoning by-law permit police facilities, City staff recommend City Council confirm its position that the new detachment be constructed at this location.
Prepared By: Cindy Upshall, Corporate Communications Officer
Submitted and Approved by: Colin Briggs, Chief Administrative Officer
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Corporate Report
Report from Economic Development and Customer Service, Office of the City Clerk
Date of Report: April 10, 2013 Date of Meeting: April 22, 2013
Report Number: EDCS-108-2013 File: 10.13.99
Subject: Request for Exemption from Noise By-law 95-198 – Holy Cross Catholic Secondary School, Relay for Life
Recommendation That Council approve the request from Holy Cross Catholic Secondary School for an exemption from By-law 95-198 (A By-law to Regulate and Prohibit Noise), to hold a Relay for Life event benefiting the Canadian Cancer Society and is to begin at the school starting at 7:00 p.m. on May 3 and ending at 7:00 a.m. on May 4, 2013; and
That the City Clerk be directed to make the necessary notifications. FORTHWITH
Background Allison Marchese, Entertainment Chair, Holy Cross Catholic Secondary School, has written requesting an exemption from Noise By-law 95-198 to hold a Relay for Life event benefitting the Canadian Cancer Society. The event is scheduled to take place at the school starting at 7:00 p.m. on Friday, May 3, 2013, and ending at 7:00 a.m. on Saturday, May 4, 2013.
Last year, a similar event hosted by the Canadian Cancer Society, Niagara Unit, was held at Brock University and received an exemption to the Noise By-law from City Council.
In accordance with the City’s Noise By-law No. 95-198, the amplification of sound, playing of musical instruments and making other specific noises customary at large events, after the hour of 11:00 p.m., is prohibited. In addition, causing any noise likely to disturb inhabitants of the City of St. Catharines at any time is an offence.
Report Relay for Life is a 12 hour event in which teams of 10 participants walk around a track to raise funds for the Canadian Cancer Society to aide research and support programs for people living with cancer. The overnight event, to symbolize that “cancer never sleeps”, brings together students, teachers, family, friends, and members of the community to celebrate cancer survivors with a Survivor’s Victory Lap and to honour the memory of loved ones with a special Luminary Celebration.
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The Chair has advised there will be two bands playing outdoors, however, will be finished before 11:00 p.m. There will be other music playing outside throughout the night at a minimum noise level so as to refrain from disturbing the surrounding neighbours. The Relay committee intends on distributing letters to area residents informing them of the event and inviting them to participate.
Financial Implications Not applicable.
Notification It is in order to notify Allison Marchese, Entertainment Chair, Holy Cross Catholic Secondary School, 460 Linwell Road, St. Catharines, Ontario, L2M 2P9, and Niagara Regional Police.
Submitted by: Bonnie Nistico-Dunk, City Clerk
Prepared by: Deanna Haine, Committee Secretary
Approved by: David Oakes, Director
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Corporate Report
Report from Economic Development and Customer Service, Office of the City Clerk
Date of Report: April 3, 2013 Date of Meeting: April 22, 2013
Report Number: EDCS-109-2013 File: 10.57.1
Subject: Grants to Offset Fees for Use of Municipal Facilities and Services – Process Review
Recommendation That Council direct staff to include a category in the Council Correspondence Report which lists and highlights requests for grants to offset fees for the use of municipal facilities and/or municipal services. FORTHWITH
Summary This report summarizes the process that is presently being used when dealing with grant requests from organizations in the community to offset the fees for the use of municipal facilities and municipal services. Staff is providing this information with a recommendation for Council’s consideration.
Background On March 4, 2013, Councillor Harris moved a motion, seconded by Councillor Phillips, and approved by Council:
“That staff be directed to review the procedure for requests to waive fees and suggest ways to improve the process; and
That staff be directed to prepare a report respecting the request from Chris Biggs and Jason Barr of 97.7 HTZ-FM's Biggs and Barr Show, to waive fees associated with the rental of ice, as listed on the Council Correspondence Report of February 25, 2013.”
This report is dealing with the first part of the motion. The second part of the motion was dealt with at the April 8, 2013 meeting of Council.
Report This report is intended to provide an overview of the existing communication process relating to requests made for grants to offset fees for the use of municipal facilities and/or municipal services. Currently, any request made to the Mayor and Members of Council is processed by the Office of the City Clerk and included in Council Correspondence on the Consent Agenda. Councillors have the ability to lift these
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requests from the Consent Agenda and vote on them separately. While this works for most of the requests, this process is not perfect.
The annual grants allocation is the primary mechanism established to enable the City to provide grants to volunteer community groups that, in the opinion of the Council, are in the interest of the municipality. This subjective decision is based on the requested amount, eligibility criteria, and is constrained by the available financial resources. The review of grant requests is performed annually by the Budget Committee and presented to Council.
Following the grant process, any requests received after the budget has been approved are dealt with in the following process.
1. Any organization requesting a grant request or fee waiver from the department responsible is provided with the City policy stating the denial of these requests. In most circumstances, this concludes the process. 2. In the event that the organizer wishes to pursue their request, they can direct their correspondence to the Mayor and Council. 3. When the request is received in the Office of the Clerk, it is included as part of the Council Correspondence Report for Council’s review and consideration. 4. Councillors have the opportunity to lift these from the Consent Agenda and vote on them separately.
Staff is of the opinion that the current process can be improved by adding a category list in the Council Correspondence Report identifying grant requests to offset fees for municipal facilities and/or services. This will highlight to Council any requests and accompanying correspondence. In the event that an organization requests to appear before Council to speak to their request, a staff report can be provided on the night of the delegation.
Conclusion Staff is recommending that Council consider adding a category that would highlight and identify these requests under a “Grant Requests” heading within the Council Correspondence Report listing that is part of the General Agenda. Should an organization wish to appear before Council, a staff report can be provided on the night of the delegation. Staff would continue to recommend denial as per our present practice.
Prepared and Submitted by: Bonnie Nistico-Dunk, City Clerk
Approved by: Dave Oakes, Director Economic Development and Customer Services
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Corporate Report
Report from Economic Development and Customer Service, Office of the City Clerk
Date of Report: April 12, 2013 Date of Meeting: April 22, 2013
Report Number: EDCS-107-2013 File: 10.12.1
Subject: Council Correspondence
Recommendation That Council receive and file the items listed below, as attached; and
That Council endorse the resolution from the City of Welland regarding Interest Arbitration; and
That Council receive and file additional correspondence distributed for the meeting held April 22, 2013. FORTHWITH
Report Economic Development and Customer Service, Office of the City Clerk, is submitting for the approval of Council, correspondence received during the period of March 30 to April 12, 2013.
1. Resolution – City of Welland; Re: Interest Arbitration (Endorse) 2. Niagara Region; Re: Waste Management for Property Owners of Student Houses 3. McCormick Rankin; Re: Notice of Step-Down – Replacement of Hwy. 406 and Glendale Avenue Overpasses 4. Committee of Adjustment Notices of Hearing for April 24, 2013; click to view: https://www.stcatharines.ca//uploads/doc_635010962549305844.pdf 5. Niagara Region; Re: Combined Sewer Overflow Control Policy 6. Ombudsman Ontario – December 17, 2012 Meeting Review 7. Ministry of Citizenship and Immigration; Re: Lincoln M. Alexander Award 2013 8. Niagara Region; Re: Tax Policy CL4-2013 and CSC 4-2013 9. Niagara District Airport – New Chairman 10. Glenway Preservation Association – Bill 41 Preserving Existing Communities
Submitted by: Prepared by: Approved by: Bonnie Nistico-Dunk Leah LaPlante Dave Oakes City Clerk Acting Committee Secretary Director
Page 1 of 1 Economic Development and Customer Page 61 of 126 Service, Office of the City Clerk RECEIVEDAgenda Item 4.12 ... CITY OF WELLAND APR 02 2013 City Clerk and Legal Services DIS11UBU1110. Office of the City Clerk CITY CLERK1S OFFICE Staff•, ST. CATHAAINEI, ONTARIO ~Vn. . ./ Corporate Services 60 East Main Street, Welland, ON L3B 3X4 COpJes to: Phone: 905-735-1700 ext. 2280 Fax: 905-732-1919 Te.J; __ E-mail: [email protected] PS: . ___ www.welland.ca LS!-- HR~-- i=tRE: __
March 22, 2013 File No. 12-133 FUS: -- EDT$: __ ALL NIAGARA REGION MUNICIPALITIES CAO/MAYOR-·-- Dear Sir/Madam:
RE: March 19, 2013 - WELLAND CITY COUNCIL
At its meeting of March 19, 2013, Welland City Council passed the following motion:
"THAT THE COUNCIL OF THE CITY OF WELLAND endorses the position of Association of Municipalities of Ontario (AMO), Large Urban Mayor's Caucus of Ontario (LUMCO), Mayors and Regional Chairs of Ontario (MARCO) regarding Interest Arbitration particularly with respect to the ability to pay, and asks all lower-tier area municipalities within Niagara to also support this position; and further
THAT Welland City Council forwards this resolution and background material to all 4 Niagara Area MPP's for their comment and support of same."
Yours truly,
~hristi ne Kosmack-Raby p vity Clerk
CK:srn
Encl.
c Tim Hudak, MPP, Unit M1 , 4961 King Street East, Bearnsville, Ontario LOR 1 BO Hon James J. Bradley, MPP, Unit 2, 2 Secord Drive, St. Catharines, Ontario L2N 1K8 Kim Craitor, MPP, Unit 8, Mount Carmel Plaza, 3930 Montrose Road. Niagara Falls, Ontario L2H 3C9 Cindy Forster, MPP, Unit 103, 60 King Street, Canal View, Welland, Ontario L3B 6A4
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A 1111 Assoaationof I provements Municipalities Ontario to In erest Arbitration
AMO's Proposed Improvements to Interest Arbitration Ontario's municipal leaders represent a wide range of views, experience and political backgrounds. They have come together to propose balanced and practical changes that are needed to strengthen the interest arbitration process. Specifically, their proposals would: Improve efficiency Improve accountability and transparency of decision-making More accurately assess a municipality's fiscal health These improvements can be achieved by making changes within the existing legislative framework, and in a manner that compliments the existing interest arbitration process.
'1/ean: g 4 u1 lmorovemer•c; While two bills on this issue were introduced in 201 2, both fell short of achieving needed improvements. Now, all parties need to work toget her to deliver w hat will best serve the people of Ontario . Previous government proposals did not give priority t o local circumstances nor did either provide arbitrators with more specific and appropriate criteria for evaluating fiscal health. Establishing this criteria and getting it right is essential to achieving meaningful improvements. AMO further advocates for a single arbitrator model, which offers efficiency while retaining the current process. As well, interest arbitrators should be given one year following the hearing to complete their work, which provides flexibility for both parties while also affording a timely resolution.
Achieving the Spirit of Existing • The employer's abi lity to attract and legi-.htion retain qualifi ed employees, Current legislation states that, when making • The interest and welfare of the a decision or award, the arbitration board community, and shall take into consideration all factors it Any local factors affecting the community. considers relevant, including: The intent is to have local realities and • The employer's ability to pay in light of its economic conditions play a role in fiscal situation, arbitrators' awards that are comparable to The extent to which services may have negotiated contracts. to be reduced, in light of the decision or For more than a decade, emergency service award, if current funding and taxation costs have been growing at an alarming pace. levels are not increased, Cumulative wage increases for police, fire and The economic situation in Ont ario and in paramedic employees have exceeded growth the municipality. in Canada's Consumer Price Index by between Comparison to other employees. 50% and 80%. Growth in emergency service
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Wage Growth in the Broader Public Sector (BPS) since 2003 Source: Ontario Ministry of Labour
40 % (Max Salary) • 2012 Fire $83, 158 35 • 2012 Police $85,803
~ 30 "O c • 2011 Teacher $94,068 :::> 2012 ONA $81,315 c.0 25 E 2012 Toronto $53,289 0 • 2012 OPSEU $48,876 u c 20 s0 .,,Q) (1) 15 ~ u £ -- Ontario Fireflighters (Avg) '$. 10 -+- Big 12 Police/OPP (Avg) 70 ...,._ Ontario Teachers (Avg) .§ ONA Nurses (Avg) 5 City ofToronto Inside (CUPE) -1 .- Ontario Public Service (OPSEU)
v:;...~....1-~--i~~..._~...... ~~L-~...._~ ...... ~~..__~-'-~--'~~~~~~~~~ 0 2003 '04 '05 '06 '07 '08 '09 '10 '1 1 '12
wages and benefits, including pension benefits AMO's Proposals have also exceeded growth for average AMO is proposing changes that would help Ontarians, private sector employees, general to ensure that the original intent is achieved. CUPE and OPSEU employees, registered They would not impose limits on an Interest nurses, and teachers. Arbitrator's ability to award costs. They For several years, wage restraint and deficit would ensure that decisions are completed fighting has been paramount as Ontario's in an efficient manner, more accountable public sector struggles with undeniable fiscal and transparent, and tied to meaningful challenges. Despite this, and despite the assessments of a municipality's fiscal health . criteria within the current interest arbitration regime, generous awards for emergency Improving Efficiency services employees have continued unabated. In part this is because arbitrators have stated Practical time limits would enable that they place a greater priority on replicating municipalities to better manage financial agreements from other communities over local impacts. Our advice would see: fiscal circumstances. Ability to pay has become • Interest Arbitrators given one year to nothing more than 'ability to tax.' Property tax complete their work. rates impact economic growth just as much as The current single arbitrator model would provincial taxes. be applied to all hearings which would Recent awards in early 2013 include a 12 % eliminate time and treat all services increase over three years for firefighters in identically. Georgina, and a 23% increase over four years • Deadlines would be imposed for post for firefighters in Scugog . hearing submissions. Understandably, many municipalities feel Upon request by a party, arbitrators would forced to negotiate police, fire and paramedic provide written reasons for the award, and contracts that far exceed agreements with a clear explanation of how a community's their other unions. The alternative is arbitrated financial health was considered, using settlements that they cannot afford. meaningful criteria.
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Improving Accountability and Accurately Assessing the Fiscal Tnnspc-rency 'i al ... t- o' ,.oMmunities Interest Arbitrators make decisions about Financial experts have ottered more reliable public spending. The public has a right measures of a municipality's capacity to pay. to know that appropriate due diligence Interest Arbitrator's would use fiscal health has been exercised when tax dollars are indicators that include: committed. It is fair and reasonable that Total property tax assessment (the total arbitrators consider: property tax base) The fiscal health of the municipality, based Property tax assessment per household on clear, measurable criteria, as a priority. Ratio of residential, commercial and The proposed criteria are similar to those industrial properties used by the province for distribution of the Ontario Municipal Partnership Fund. • Actual tax revenues • Settlements reached by the same Proportion of unpaid property taxes municipality, with other employee groups. Rates of employment/u nemployment • The total compensation of the entire Social service caseload proposed agreement (present and future • Median household income liabi lities) compared to that of comparable Proportion of low-income households collective agreements. Compensation of other municipal The tax increase that would be needed to employees in the same community pay for a proposed agreement, without reducing services. Compensation of public sector employees in comparable communities • The employer's ability to find and retain qualified people. Compensation of private sector employees in comparable communities The interest and welfare of the community served by the employer. For more information about AMO's Interest Arbitration proposals, please contact us, or Provincial law or ministerial directives that visit www.Bit.ly/AMOlnterArb. place financ ial limitations on employers.
About AMO Growth in Emergency Service Wages vs. Inflation AMO is a non-profit organization Source: Statistics Canada and Ontario Ministry of Municipal Affairs and representing almost all of Ontario's 444 Housing Financial Information Returns (2002-2010) municipal governments. AMO supports and enhances strong and effective 15 municipal government in Ontario % • Police and promotes the value of municipal Fire 12 EMS government as a vital and essential Inflation Rate for Canada component of Ontario and Canada's political system. www.amo.on.ca "9
I£ 6
3
0 2002 2003 2004 2005 2006 2007 2008 2009 2010
200 University Ave .. Suite 801, Toronto ON MSH 3C6 1-877-4-AMO·LAS (1-877-426-6527) www.amo.on.ca
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From: [email protected] Sent: April-05-13 9:45 AM Subject: New Chairman
A Break With Tradition:
New Niagara District Airport Commission Chairman Takes Office
Long-serving Niagara Falls Councillor Janice Wing is the new Chairman at the Niagara District Airport. She has been a Commissioner since 2004.
Janice is the first female at the helm of the airport in recent memory. Her election represents a further step in the new direction the airport has taken over the past few years.
Under her predecessor, the dynamic Ruedi Suter, the airport obtained $12 million in infrastructure funding from the federal, provincial and regional levels of government for the rehabilitation and renewal of the airport. The highlight of the project carried out under Ruedi’s leadership was the award-winning new terminal building opened in 2011.
Janice brings with her a wealth of board and chairmanship experience, plus academic business knowledge. She has been an active part of the airport team and is proud of her involvement in the Commission’s accomplishments over the past few years, among them:
1. Adopting the Airport’s Master Plan and the goal of becoming self-supporting; 2. Establishing an effective airport management; 3. Securing the fuel farm and FBO hangar to attract top-notch Request for Proposal (RFP) respondents, with the result that Allied Aviation, one of the largest North American owned Fixed Base Operators is now offering its services at the Niagara District Airport.
“This is an exciting time for the airport,” Janice says. She points to the award-winning new terminal building, improved airside handling facilities, state of the art approach and
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lighting systems, rebuilt main runway, new taxiway, and access road to open future development lands as evidence that the airport is on the verge of a greater role in the Niagara Region’s economy.
The Commission has been attracting interest from established airlines and is actively pursuing the possibility of commercial passenger service. Consultants contracted by the Tourism Partnership of Niagara and the Region’s Economic Development branch are currently evaluating the potential for scheduled passenger services at the Niagara District Airport.
Janice hopes to help better market the airport amongst the regional business community. She sees particular potential to further build its corporate and charter traffic. Sustainability will be another focus for her.
Janice intends to focus on communications as a highlight of her tenure. She has been instrumental in recent outreach and communication initiatives, and will be vigilant for new partnership opportunities. Transportation has been one of her areas of specialization in her fifteen years on the municipal council. She served for several years on the Region’s Transportation Strategy Advisory Committee.
Outgoing Chairman Ruedi Suter’s leadership was instrumental in turning the previously crumbling airport around. His contributions were critical to developing the airport, increasing its economic impact, and positioning it to becoming a true regional airport.
Janice looks forward to building on his legacy. She envisions a positive future in which the airport becomes an important tool to the region’s business community and a key part of its future economic success.
The Niagara District Airport, the peninsula's only certified airport, enjoys a picturesque setting amidst the vineyards of the world famous Niagara Region. Serving local, national and international passengers, it is Niagara's Gateway for air traffic. The Commission is responsible for establishing the operational policies and strategic direction of the airport.
Joining Janice as the airport’s executive team are Vice-Chairman Robert White of Niagara on the Lake, Secretary Gary Murphy of St. Catharines, and Treasurer Terry Flynn of Niagara on the Lake.
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From: [email protected] [mailto:[email protected]] Sent: Friday, April 05, 2013 2:42 PM To: Andrea Horwath; Bob Bratina; Brad Duguid; Brenda Halloran; McMullan, Brian; Carl Zehr; Catherine Fife; Charles Sousa; Chris Friel; Daryl Bennett; Dave Barrow; Dave Levac; David Ryan; David Zimmer; Dipika Damerla; Doug Craig; Eric Hoskins; Frank Klees; Frank Scarpitti; Glen R. Murray; Gordon Krantz; Hazel McCallion; James J. Bradley; Jane McKenna; Jeff Leal; Jeff Lehman; Jerry J. Ouellette; John G. Henry; John Milloy; Karen Farbridge; Kevin Daniel Flynn; Laurel C. Broten; Linda Jeffrey; Liz Sandals; Maurizio Bevilacqua; Michael Chan; Reza Moridi; Rick Goldring; Rob Burton; Rob Ford; Rob Leone; Rod Jackson; Rosario Marchese; Steven Del Duca; Susan Fennell; Ted Chudleigh; Tony Van Bynen; Tracy MacCharles; Vic Dhillon Subject: Ontario Communities need for input on Private Members Bill 41 - Preserving Existing Communities Act
We would appreciate if you can pass this important message on to any interested party who we overlooked.
Bill 41 is a Private Members Bill in the legislature where it passed First Reading and is scheduled for Second Reading debate on April 18th.
Feedback would be preferred before April 18th.
Thank You,
Brian Gard
Communications Committee Glenway Preservation Association www.preserveglenway.ca
You can follow its progress in the legislature at this link. http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=2759
Mr. Klees has a supporting petition available at this link http://www.frank- klees.on.ca/CurrentIssues/PMB_PreservingExistingCommunitiesAct.htm
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April 5, 2013
To: All Mayors in Ontario cc: Ontario MPP’s
Re: CONCERNS ABOUT MANAGING OUR COMMUNITIES’ GROWTH PLANS
Dear Mayor,
You may not know of the Glenway Preservation Association (GPA), a community-based organization representing thousands of residents in Newmarket, Ontario. You will, however, be aware of the plight of many communities throughout Ontario with local municipalities whose ability to control their destiny is being severely undermined by unnecessary and unwanted development pressures. We are writing to enlist your support in changing the course of growth for its own sake, in favour of sound, community- and environmentally-friendly planning decisions.
The Town of Newmarket is one of 25 municipalities identified in the province’s Places to Grow strategy as an intensification corridor to accommodate increased residential and industrial growth by 2031. While the Places to Grow strategy was designed to eliminate urban sprawl through planned development strategies, an unintended consequence is in fact causing significant distress within communities. This is the situation that is occurring when municipalities, who have sound plans to meet their growth targets in ways that also address community needs, are being challenged by developers who are able to override municipal Official Plans by leveraging the Ontario Municipal Board (OMB) to counter the municipal council decisions, often using the growth targets to validate their claims. This has a significant consequence for municipalities who are being robbed of their ability to manage their own growth plans without having to spend significant tax dollars to defend their community’s interests at the OMB.
The Town of Newmarket faces just such a situation. Recently, the Glenway golf course, one of the Town’s last remaining open green spaces, as it is designated in our approved Official Plan, was purchased by Marianneville Developments. Marianneville has submitted an application to amend the Official Plan, and turn this precious resource into a development of over 700 housing units. The developer is justifying the development on the grounds that it will support the growth targets set for the Town of Newmarket. In actual fact, other planned development—supported by the Official Plan— will already more than accommodate our growth requirements.
Anticipating that a negative response from the Town will undoubtedly lead to a costly challenge at the OMB, our municipality is gearing up to spend hundreds of thousands of taxpayers’ dollars to defend its own Official Plan. In addition, the GPA has been building its own legal defense fund, in order to ensure that the community has a voice in the OMB decision-making process.
We believe that this dynamic is playing itself out across the province in similar growth targeted communities. While property owners have the right to develop their property within sound planning principles, we do not believe that property owners should be able to exploit the Places to Grow Act objectives by creating intensification projects inconsistent with community interests and needs.
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There is a growing body of evidence to support the position that municipalities and communities are no longer willing to allow their interests to be overridden by developers who use their “deep pockets” and resources to appeal to an OMB that applies insufficient weight to community interests in its decision-making.
Recently, Frank Klees, MPP for Newmarket-Aurora, introduced The Preserving Existing Communities Act (Bill 41), which would amend the Places to Grow Act (https://www.placestogrow.ca/index.php?option=com_content&task=view&id=4&Itemid=9), to address this inequity. The GPA supports the principle of Bill 41, and its objective to empower municipal councils to make the final decision about what their communities grow like, while also ensuring appropriate accountability of municipal Councils to their electorate for the decisions they make. Further information on Bill 41 along with a petition of support is attached here. (http://www.frank- klees.on.ca/CurrentIssues/PMB_PreservingExistingCommunitiesAct.htm).
If you support your municipality’s right to maintain and uphold the integrity of your Official Plan and your community’s interest against unwanted and unnecessary development, we encourage you to support The Preserving Existing Communities Act within your own municipal council, and with your provincial elected officials. Feel free to invite your residents to submit their signed petition directly to the office of their MPP.
We welcome your response. Together we can make a difference in reclaiming control over the process of how we grow and evolve our own communities.
Sincerely,
Christina Bisanz Chairperson, GPA [email protected] www.preserveglenway.ca
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e e 2ND SESSION, 40TH LEGISLATURE, ONTARIO 2 SESSION, 40 LÉGISLATURE, ONTARIO 62 ELIZABETH II, 2013 62 ELIZABETH II, 2013
Bill 41 Projet de loi 41
An Act to amend the Loi modifiant la Places to Grow Act, 2005 Loi de 2005 sur les zones de croissance with respect to en ce qui concerne le caractère the finality of certain définitif de certaines décisions municipal planning decisions prises au niveau municipal en matière d’aménagement
Mr. Klees M. Klees
Private Member’s Bill Projet de loi de député
1st Reading March 27, 2013 1re lecture 27 mars 2013 2nd Reading 2e lecture 3rd Reading 3e lecture
Royal Assent Sanction royale
Printed by the Legislative Assembly Imprimé par l’Assemblée législative of Ontario de l’Ontario
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EXPLANATORY NOTE NOTE EXPLICATIVE
The Growth Plan for the Greater Golden Horseshoe, 2006, es- Le Plan de croissance de la région élargie du Golden Horseshoe, tablished under the Places to Grow Act, 2005, provides that a 2006, établi en application de la Loi de 2005 sur les zones de significant portion of new growth in the plan area is to take croissance, prévoit qu’une part considérable de la nouvelle place through intensification. croissance dans la zone du Plan doit se faire au moyen de la densification. The Bill amends the Act to provide that certain municipal deci- Le projet de loi modifie la Loi pour prévoir que certaines déci- sions rejecting development proposals that would involve inten- sions municipales consistant à rejeter des propositions d’aména- sification in the plan area are not subject to appeal to the Ontario gement qui entraîneraient une densification dans la zone du Plan Municipal Board. The new provision prevails over all other ne sont pas susceptibles d’appel devant la Commission des affai- legislation. res municipales de l’Ontario. La nouvelle disposition l’emporte sur tous les autres textes de loi.
Economic Development and Customer Page 124 of 126 Service, Office of the City Clerk Agenda Item 4.12 ...
Bill 41 2013 Projet de loi 41 2013
An Act to amend the Loi modifiant la Places to Grow Act, 2005 Loi de 2005 sur les zones de croissance with respect to en ce qui concerne le caractère the finality of certain définitif de certaines décisions municipal planning decisions prises au niveau municipal en matière d’aménagement
Note: This Act amends the Places to Grow Act, 2005. Remarque : La présente loi modifie la Loi de 2005 sur les For the legislative history of the Act, see the Table of zones de croissance, dont l’historique législatif figure à la Consolidated Public Statutes – Detailed Legislative His- page pertinente de l’Historique législatif détaillé des lois tory at www.e-Laws.gov.on.ca. d’intérêt public codifiées sur le site www.lois-en- ligne.gouv.on.ca.
Her Majesty, by and with the advice and consent of the Sa Majesté, sur l’avis et avec le consentement de Legislative Assembly of the Province of Ontario, enacts l’Assemblée législative de la province de l’Ontario, as follows: édicte : 1. The Places to Grow Act, 2005 is amended by add- 1. La Loi de 2005 sur les zones de croissance est mo- ing the following section: difiée par adjonction de l’article suivant : Certain municipal decisions final Caractère définitif de certaines décisions municipales Definitions Définitions 14.1 (1) In this section, 14.1 (1) Les définitions qui suivent s’appliquent au présent article. “Plan” means the Growth Plan for the Greater Golden «Plan» Le Plan de croissance de la région élargie du Gol- Horseshoe, 2006; (“Plan”) den Horseshoe, 2006. («Plan») “plan area” means the Greater Golden Horseshoe Growth «zone du Plan» La zone de croissance planifiée de la ré- Plan Area designated under clause 3 (a). (“zone du gion élargie du Golden Horseshoe désignée en vertu de Plan”) l’alinéa 3 a). («plan area») Finality, conditions Caractère définitif : conditions (2) A decision made by a municipal council with re- (2) Toute décision prise par un conseil municipal à spect to a part of the plan area is final and not subject to l’égard d’une partie de la zone du Plan est définitive et appeal to the Ontario Municipal Board if the following non susceptible d’appel devant la Commission des affai- conditions are satisfied: res municipales de l’Ontario si les conditions suivantes sont remplies : 1. The decision is to refuse a request to amend the 1. La décision consiste à rejeter une demande de mo- municipality’s official plan with respect to land dification du plan officiel de la municipalité that is designated as one or both of the following: concernant un bien-fonds qui est désigné pour une des utilisations suivantes ou les deux : i. Stable Residential Area. i. Quartier résidentiel établi. ii. Parks and Open Space. ii. Parcs et espaces libres. 2. The municipal council has passed a resolution stat- 2. Le conseil municipal a adopté une résolution énon- ing that the requested official plan amendment çant que la modification du plan officiel demandée would not be in the best interests of the residents of ne serait pas dans l’intérêt véritable des résidents the municipality. de la municipalité. Same, failure to adopt requested official plan amendment Idem : défaut d’adopter une modification du plan officiel demandée (3) The failure of a municipal council to adopt a re- (3) Le défaut d’un conseil municipal d’adopter une quested official plan amendment with respect to a part of modification du plan officiel à l’égard d’une partie de la
Economic Development and Customer Page 125 of 126 Service, Office of the City Clerk Agenda Item 4.12 ... 2 PRESERVING EXISTING COMMUNITIES ACT, 2013
the plan area within 180 days after the day the request is zone du Plan dans les 180 jours qui suivent la réception received is deemed on the 181st day to be a decision for de la demande de modification est réputée, le 181e jour, the purposes of this section if the requested official plan une décision pour l’application du présent article lorsque amendment, if it were adopted, would amend the munici- la modification du plan officiel demandée, si elle était pality’s official plan with respect to land designated as adoptée, modifierait le plan officiel de la municipalité described in paragraph 1 of subsection (2). concernant un bien-fonds qui est désigné tel que le prévoit la disposition 1 du paragraphe (2). Same Idem (4) Subsections (2), (3) and (6) apply if the municipal- (4) Les paragraphes (2), (3) et (6) s’appliquent si la ity can demonstrate it is achieving the applicable popula- municipalité peut démontrer qu’elle a atteint les objectifs tion growth and intensification targets determined under de croissance démographique et de densification applica- the Plan. bles fixés aux termes du Plan. Application to municipal planning area and authority Application à une zone et un office d’aménagement municipal (5) This section applies to a municipal planning area (5) Le présent article s’applique à une zone d’aména- and municipal planning authority, and the municipal gement municipal et à un office d’aménagement munici- planning area and municipal planning authority are pal, lesquels sont respectivement réputés une municipalité deemed to be a municipality or a municipal council, re- ou un conseil municipal pour l’application du présent spectively, for the purposes of this section. article. Transition Disposition transitoire (6) This section applies with respect to the following: (6) Le présent article s’applique à l’égard de ce qui suit : 1. A decision described in subsection (2) that is made 1. Une décision visée au paragraphe (2) qui est prise on or after March 27, 2013. le 27 mars 2013 ou après cette date. 2. A decision described in subsection (3) that is 2. Une décision visée au paragraphe (3) qui est répu- deemed to have been made before March 27, 2013, tée avoir été prise avant le 27 mars 2013 si, le 26 if on March 26, 2013 a right of appeal existed but mars 2013, un droit d’appel existait mais qu’aucun no notice of appeal had been filed. avis d’appel n’avait été déposé. 3. A decision described in subsection (3) that is 3. Une décision visée au paragraphe (3) qui est répu- deemed to have been made on or after March 27, tée avoir été prise le 27 mars 2013 ou après cette 2013. date. Conflict Incompatibilité (7) This section prevails over anything else in, (7) Le présent article l’emporte sur les dispositions incompatibles de ce qui suit : (a) this Act, a regulation made under this Act or a a) la présente loi, un règlement pris en vertu de celle- growth plan; ci ou un plan de croissance; (b) the Planning Act, a regulation made under that Act, b) la Loi sur l’aménagement du territoire, un règle- a provincial plan as defined in that Act or a policy ment pris en vertu de cette loi, un plan provincial statement issued under that Act; or au sens de cette loi ou une déclaration de principes faite en vertu de cette loi; (c) any other Act or regulation. c) toute autre loi ou tout autre règlement. Commencement Entrée en vigueur 2. This Act comes into force on the day it receives 2. La présente loi entre en vigueur le jour où elle Royal Assent. reçoit la sanction royale. Short title Titre abrégé 3. The short title of this Act is the Preserving Exist- 3. Le titre abrégé de la présente loi est Loi de 2013 ing Communities Act, 2013. visant à préserver les collectivités existantes.
Economic Development and Customer Page 126 of 126 Service, Office of the City Clerk