port colborne council agenda april 14

PORT COLBORNE

CALL MEETING TO ORDER

CITY OF PORT COLBORNE SPECIAL COUNCIL MEETING AGENDA

MONDAY, APRIL 14, 2014 COUNCIL IN CLOSED SESSION - 5:30 P.M. Committee Room 3, 3rd Floor, 66 Charlotte Street

Mayor Vance Badawey

1. CONFIRMATION OF THE AGENDA

2. COUNCIL IN CAMERA MEETING - 5:30 P.M.

(i) Motion to go into closed session:

That Council do now proceed in camera in order to address the following matter(s):

(a) Minutes of the Closed Session portion of the February 24, 2014 Regular meeting of Council

(b) Verbal report from the Chief Administrative Officer concerning legal advice regarding medical marihuana grow operations, pursuant to the Municipal Act, 2001, Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Note: Woody McKaig, Solicitor, Sullivan Mahoney, will be in attendance to provide legal advice concerning the above referenced item.

(c) Confidential Community and Corporate Services, Clerk's Division, Report No. 2014-14, Subject: Appointments to Boards and Committees, pursuant to the Municipal Act, 2001, Subsection 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees

(ii) Disclosures of Interest (closed session agenda)

(iii) Consideration of closed session agenda Items

(iv) Motion to rise with/without report

3. DISCLOSURES OF INTEREST CLOSED SESSION MATTERS

4. MOTIONS ARISING FROM THE CLOSED SESSION

5. ADJOURN

Note: Item (c) above has also been listed under the Regular Council Meeting Agenda in the event that this item could not be considered due to time constraints.

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PORT COLBORNE

CALL MEETING TO ORDER

CITY OF PORT COLBORNE SPECIAL COUNCIL MEETING AGENDA MONDAY, APRIL 14, 2014- 6:30 P.M.

Council Chambers, 3rd Floor, 66 Charlotte Street

Mayor Vance Badawey

1. PRAYER Councillor Bea Kenny

2. NATIONAL ANTHEM Joel Longfellow


4. DISCLOSURES OF INTEREST

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

Department of Planning and Development, Report No. 2014 - 21, Subject: Public Meeting Report for a Zoning By-Law Amendment (File No. D14-02-14), 2272 Third Concession Road

(i) PURPOSE OF MEETING

(ii) METHOD OF NOTICE

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

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

(v) COMMENTS OF APPLICANT

(vi) QUESTIONS OF CLARIFICATION TO APPLICANT/PLANNING STAFF

(vii) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

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

(ix) EXPLANATION OF FUTURE MEETINGS

6. ADJOURN

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M-~ Department: Planning and Development

POl\T Col.BORNE.

Report Number: 2014-21 Date: April 14, 2014

SUBJECT: Public Meeting Report for a Zoning By-law Amendment (Fiie No. D14-02-14) 2272 Third Concession Road

1) PURPOSE:

The purpose of the report is to provide Council with information regarding a proposed Zoning By-law Amendment initiated by Herbert Fraser for the lands legally known as Part of Lot 15, Concession 4, former Township of Humberstone, now in the City of Port Colborne, Regional Municipality of Niagara; municipally known as 2272 Third Concession Road.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES

The zoning is proposed to be changed from A - Agricultural to NFR (Non-Farm Residence), A-376 (Agricultural Purposes Only) and EP - Environmental Protection. This rezoning is being sought to satisfy the Committee of Adjustment's conditions for consent of the subject property in file 801-14-PC.

3) STAFF COMMENTS AND DISCUSSIONS

The Notice of Public Meeting was malled to property owners within 120 metres of the property on March 21, 2014. A public notice sign was posted on the property and at the intersection of Firelane 2 and Pinecrest Road on or before March 24, 2014. A public notice was also posted on the City's website.

At the time of writing this report, staff has received no comments from the public.

Notice of Public Meeting was circulated to required commenting agencies and relevant City departments on March 21, 2014. As of the date of writing of this report, the following agencies have responded:

Engineering and Operational Services Engineering has reviewed the Zoning By-law amendment for 2272 Third Concession Road and have no adverse comments at this time.

Building Division Building department has no concerns at this time.

Regional Municipality of Niagara, Planning and Development Services Regional Development Services staff supports the approval of this application from a Provincial and Regional planning perspective, subject to local planning requirements and any comments of the NPCA, as the proposed rezoning will address conditions of approval requested by the Region for the preceding consent application as noted above.

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Planning Division

City of Port Colborne Official Plan

Schedule "A": City Wide Land Use to the City of Port Colborne Official Plan designates most of the property as Agricultural. Lands designated Agriculture are Prime Agricultural Areas as defined by the Provincial Policy Statement and as identified on the Agricultural Land Base Map of the Regional Policy Plan and are used primarily for agricultural purposes.

The northern portion of property - roughly 7.3ha (18.04ac) - is designated Environmental Protection Area in Schedule "A": City Wide Land Use to the City of Port Colborne Official Plan. The predominant uses for lands designated Environmental Protection Area shall include forest, fish and wildlife management; small-scale passive recreational uses and accessory uses such as: trails, boardwalks, footbridges, fences, docks and picnic facilities that will not negatively impact on the natural features or ecological function of the areas; and conservation and flood erosion control projects where it has been demonstrated that they are necessary in the public interest and no other alternatives are available.

Schedule "B1": Environmental Protection Area to the City of Port Colborne Official Plan further identifies the area as Provincially Significant Wetland. Provincially Significant Wetland can be described as those which are seasonally or permanently covered by shallow water, as well as lands where the water table is close to, or at, the surface. In either case, the presence of abundant water has caused the formation of hydrlc soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. These wetland areas play an important role within the natural environment of the City of Port Colborne.

City of Port Colborne Zoning By-law 1150/97/81

Schedule "A" to the City of Port Colborne Zoning By-law zones the property A -Agricultural. The following uses are permitted in the Agricultural zone: Agricultural uses, and uses, buildings and structures accessory thereto including greenhouses; One single detached dwelling on one lot, and uses, buildings and structures accessory thereto accessory to an agricultural use; one single detached dwelling and uses, buildings and structures accessory thereto on each lot existing at the date of passing of this by-law; conservation of plant and wildlife; kennels; farm machinery sales and service establishments; wayside pits subject to the provisions of the Pits and Quarries Control Act.

Adjacent Zoning and Land Use

Northwest North Northeast Agricultural land Agricultural land Residential Dwelling

Zoned: A-331 (Agricultural Zoned: A- Agricultural Zoned NFR - Non-Farm Purposes Only) Residence

West East Agricultural land Subject Property Agricultural land

Zoned: A-331 (Aaricultural Zoned: A- Aaricultural:

Department of Planning & Development, Planning Division, Report No.: 2014-21 Page 2 of 4 6

Purposes Only) Residential Dwelling NFR - Non-Farm

Residence Southwest South Southeast

Agricultural land Agricultural land Agricultural land Zoned: A - Agricultural Zoned: A -Agricultural; Zoned: A- Agricultural

Residential Dwelling Zoned NFR-85 (Non-Farm

Residence\

Conclusion

The Zoning By-Jaw Amendment is necessary to satisfy the Committee of Adjustment's conditions for consent of the subject property in file B01-14-PC. The Planning Division will provide Council with its recommendation report after comments have been received from the Public Hearing and the review agencies. This report will be available at a future Council meeting for Council's consideration.

4) OPTIONS AND FINANCIAL CONSIDERATIONS:

a) Do nothing

N/A

b) Other Options

N/A

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES

N/A

6) ATTACHMENTS

Appendix A: Draft Zoning By-law Amendment Appendix B: Comments Received from Commenting Agencies and Divisions

7) RECOMMENDATION

That Public Hearing Report No. 2014-21 regarding applications for a Zoning By-law Amendment (File No. D14-02-14) for 2272 Third Concession Road be received for information purposes.

Department of Planning & Development, Planning Division, Report No.: 2014-21 Page 3 of 4 7

8) SIGNATURES

Prepared on April 2, 2014 by:

i:z:Jfcr ' Planner

Reviewed a Respectfully Submitted:

Rol:Jert J. ii Chief Ad mistrative Officer

Reviewed by:

quilina, MCIP, RPP, CPT Director of Planning and Development

Department of Planning & Development, Planning Division, Report No.: 2014-21 Page4 of4 8

APPENDIX A

DRAFT ZONING BY-LAW AMENDMENT

THE CORPORATION OF THE CITY OF PORT COLBORNE

BY·LAW NO. __ _

BEING A BY·LAW TO AMEND ZONING BY·LAW 1150/97/81, AS AMENDED, RESPECTING LANDS LEGALLY KNOWN AS PART OF LOT 15, CONCESSION 4, FORMER TOWNSHIP OF HUMBERSTONE, NOW IN THE CITY OF PORT COLBORNE, REGIONAL MUNICIPALITY OF NIAGARA; MUNICIPALLY KNOWN AS 2272 THIRD CONCESSION ROAD.

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

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

NOW, THEREFORE, and pursuant to the provisions of Section 34 of the Planning Act, R.S.0. 1990, the Corporation of the City of Port Colborne enacts as follows:

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

2. That the "Zoning Map" referenced as Schedule A forming part of By-law 1150/97/81, as amended, is hereby amended by changing those lands described on Schedule A attached from A - Agricultural to NFR (Non-Farm Residence), A-376 (Agricultural Purposes Only) and EP - Environmental Protection.

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

A-376 (Agricultural Purposes Only)

Notwithstanding the provisions of the Agricultural zone to the contrary, the use of this land shall be restricted to the following:

i) Agricultural uses, and uses, buildings and structures accessory thereto including greenhouses.

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

5. The City Clerk is hereby authorized and directed to proceed with the giving notice of the passing of this by-Jaw, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS __ DAY OF , 2014.

Vance Badawey, MAYOR

Ashley Grigg, CLERK

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:I: 0.991 ho

3RD CONCESSION ROAD

TlllS IS SCIIllDULE "A" TO IJY-LAWNO .. ____ _

PASSED THE"'-----------~ 2014

MAYOR

CLERK

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• •

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SCHEDULE "A"

LANDS TO BE: REZONEO FROM A (AGFllCULTURAL) TO EP (ENVIRONMENTAL PROTECTION)

lANOS 10 BE REZONED FROM A (AGRICULTIJRAL) TO A-J7S (AGRICULT\JAA. PURPOSES ONLY)

U.NOS TO BE REZONED FROIJ A (AGRICULTURAL) TO NFR (NON-FARM RESIDENCE)

@ .-\l'RIL, 1014.

NI. SCALE: ~'TS

FILE NO. Dl.f..0.?-1.f

DRA'l\'N BYB.. ~L\HON,PLANNING & DE'll!.LOl'l!ENT DEl'Allnl.Em' 10

Fron1: To:

Jim Huopunen Evan Acs

APPENDIX B

Subject: Date:

Zoning By-law Amendment 2272 Third Concession Road File 014-02-14 24/03/2014 11:17 AM

Hi Evan,

Engineering has reviewed the Zoning By-law amendment for 2272 Third Concession Road and have no adverse comments at this time.

Regards,

Jim Huppunen, A.Sc.T. Manager of Engineering Services City of Port Colborne 66 Charlotte Street Port Colborne, Ontario L3K 3C8 [email protected] 905-835-2901, Ext. 221 Fax: 905-835-2939

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Fron1: To: Subject: Date:

Lyle Merritt Evan /J.£,s

2272 CONCESSION 2 RD 01/04/2014 01:32 PM

file# D14-02-14 Building department has no concerns at this time. Lyle Merritt Chief Building Official Building Division City of Port Colborne

905-835-2901 Ext. 201 Fax:905-835-2939 www.portcolborne.ca

This message, including any attach1nents, is p1ivileged and intended only for the person (s) named above. This material n1ay contain confidential or personal infonnation which may be subject to the provisions of the Municipal Freedom of Infonnation and Protection of Pn·vacy Act. Any other dist1ibution, copying or disclosure is st1ictly prohibited. If you are not the intended recipient or have received this n1essage in en·or, please notify Its imniediateb' by telephone, fax or email and pennanent(v delete the miginal transmission from us, including any attachments, lvithout maki.ng a copy

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Niagara 'fT/IJ Region

VIA E-MAIL ONLY

March 31, 2014

File: D.18.07.ZA-14-028

Mr. Evan Acs Planner City of Port Colborne 66 Charlotte Street Port Colborne, ON L7G 481

Dear Mr. Acs:

Public Works Development Services 2201 St. David's Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-695-4225 Toll-free: 1-900-263-7215 Fax: 905-697-9056 www.niagarareglon.ca

Re: Provincial and Regional Review Comments Proposed Zoning By-Jaw Amendment, Fiie 014-02-14 2272 Third Concession Road Applicant: Herbert Fraser (Agent: Brian Lambie) City of Port Colborne Public Meeting: Aprll 14, 2014

Regional Development Services staff has reviewed the information circulated for the abovenoted application which was received on March 21st, 2014. The purpose of this application is to satisfy the Port Colborne Committee of Adjustment's conditions of approval for consent of the subject property. Staff notes that a pre-consultation meeting was held on November 7th, 2013 for the preceding consent application.

The Committee of Adjustment granted approval in February 2014 for Consent Application 801-14-PC. The conditions of approval require the severed residential lot be rezoned to Non-Farm Residence (NFR), the retained agricultural land be rezoned to Agricultural Purposes Only ('APO') to prohibit the construction of a new dwelling in perpetuity, and the bush area be rezoned to Environmental Protection. The following Provincial and Regional comments are provided to assist the City in considering the proposed application.

Provincial and Regional Policy

The subject land is located within a prime agricultural area under the Provincial Policy Statement (PPS) and is designated as a Good General Agricultural Area on the Regional Official Plan's Agricultural Land Base Map. Regional staff previously provided comments on the preceding consent application for the disposal of the surplus farm residence. Staff indicated that the application satisfied Provincial and Regional requirements and was not opposed to the consent, subject to the rezoning of the retained agricultural parcel to 'APO'. Therefore, Regional staff offers no objections to this application as Provincial and Regional requirements are met through the proposed zoning by-law amendment.

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Natural Heritage Considerations

The proposed lot is adjacent to a watercourse, which is identified as Fish Habitat (Type 2) on the Core Natural Heritage (CNH) Map of the Regional Official Plan. The CNH Map also designates the bush to the northern end of Part 2 as an Environmental Conservation Area (Significant Woodlands), and the Ministry of Natural Resources has identified the aforementioned area as a Provincially Significant Wetland.

In accordance with the Memorandum of Understanding and the Protocol between the Region and the Niagara Peninsula Conservation Authority (NPCA), the Authority will provide comments with regards to natural heritage interests including Regional environmental policies. The Committee should refer to the NPCA's comments regarding these issues.

Conclusion

In summary, Regional Development Services staff supports the approval of this application from a Provincial and Regional planning perspective, subject to local planning requirements and any comments of the NPCA, as the proposed rezoning will address conditions of approval requested by the Region for the preceding consent application as noted above.

If you have any questions or wish to discuss these comments, please contact me at extension 3177 or Pat Busnello, Senior Planner al extension 3379. Please send notice of the City's decision on this application.

c: Peter Colosimo, MCIP, RPP, Director, Development Services, Niagara Region Marilyn Radman, MCIP, RPP, Manager, Development Planning, Niagara Region Cara Lampman, Planning Approvals Analyst, NPCA

L:\Llu-Ylshan\Port Colborne\ZA\2272 Third Concession Rd·APO\Regional Comments.docx

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• .. ' .. CITY OF PORT COLBORNE

COMMITTEE OF THE WHOLE MEETING AGENDA MONDAY, APRIL 14, 2014

POR_ T COLBOR_NE following Special Meeting of Council Council Chambers, 3rd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey

1. INTRODUCTION OF ADDENDUM ITEMS

2. CONFIRMATION OF AGENDA


4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

6. PRESENTATIONS: (a) Tom Cartwright, Fire Chief, Re Presentation of Appreciation Awards to honour the

following businesses that have either donated monies, supplies, services or time to the Fire Department:

>- ADM Milling Company >- Brent and Jenny's No Frills >- Canadian Tire (Port Colborne) >- K-Motion Transport >- Lakeshore Catholic Highschool (Arts) >- Pinty's Delicious Foods >- Riverland AG

(b) Recognition of Port Colborne Peewee Girls Wave Hockey Team, Niagara Region Girls House League Champions

7. DELEGATIONS (REGARDING MATTERS NOT OTHERWISE ON THE AGENDA): (a) Albert Garofalo of the Bert Miller Nature Club Re The Beach Grass Planting Event

planned on Earth Day, April 22"d, 2014 (Centennial Beach Project) (Page No. 23)

(b) Erno Rossi, Chair and Treasurer, Save Our Lighthouses, Re Request for Endorsement of an Application to the Region of Niagara under the Lakefront Enhancement Strategy Program (Page No. 25)

8. MAYOR'S REPORT

9. REGIONAL COUNCILLOR'S REPORT

15

Committee of the Whole Agenda April 14, 2014

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

11. ADOPTION OF MINUTES (a) Minutes of the Eighth Meeting (Regular) of Committee of the Whole, March 24th,

2014 (b) Minutes of the Ninth Meeting (Special) of Committee of the Whole March 31 8

\

2014

12. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION

13. NOTICES OF MOTION

14. MOTION TO ADJOURN

16


UPCOMING COMMITTEE OF THE WHOLE AND COUNCIL MEETINGS

Wednesday, April 16, 2014

Monday,April28, 2014

Monday, May 12, 2014

Monday, May, 26, 2014

Monday, June 9, 2014

Monday, June 23, 2014

Special Committee of the Whole - 5:30 P.M.

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

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



Committee oftheWhole/Council-6:30 P.M.

17

COMMITTEE ITEMS:

NOTES ITEM DESCRIPTION PAGE RECOMMENDATION

VB BB RB 1. Department of Planning & Development, 27 1. That Council of the City of Port Colborne approves the Report No 2014-23, Subject: Zoning By-law Amendment attached as "Appendix E"

AD FD YD Recommendation Report: Zoning By-law to this report. Amendment - Medical Marihuana Production

DE BK ws Facility 2. That the City Clerk is hereby authorized and directed to proceed with the giving of notice of passing of the By-laws, in accordance with the Planning Act;

3. That pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required; and

4. That the City's Site Plan Control By-law be amended.

VB BB RB 2. Department of Planning & Development, 135 That the Council of the City of Port Colborne approves the Report No. 2014-04, Subject: Encroachment encroachment request with the following conditions:

AD FD YD Request 265 King Street • Insurance $5 million coverage with City named

DE BK ws as additional lnsured, certificate with 30 days' notice cancellation;

• Encroachment to be maintained with the fenced concrete patio area;

• Tables and chairs to be seasonal - May 1 to October 31, inclusive:

• Food trailer to be seasonal-May 1 to October 31, inclusive:

• Tents to be seasonal - May 1 to October 31, inclusive:

• Breezeway/Shelter to be seasonal - November 1 to April 30, inclusive:

• Yurt to be seasonal - November 1 to April 30, inclusive;

• Tables and chairs, food trailer, tents, breezeway shelter and yurt to be temporarily removed upon 7 days' notice from the City for maintenance activities on the City's property;

• Food trailer to be Inspected by Port Colborne Fire & Emergency Services prior to operation. Electrical safety authority inspection certificate and an inspection certificate from TSSA may also be required;

• Tents may require a building permit and are to also comply with requirements contained in Ontario Fire Code.

VB BB RB 3. Department of Planning & Development, 141 1. That the Council of the City of Port Colborne award Report No. 2014-05, Subject: Animal Control RFS 2014-04, Animal Control and Municipal Pound

AD FD YD and Municipal Pound Services Contract Services, to the Welland & District SPCA of Welland, Ontario for the total price of $321,439.00 for the two

DE BK ws year contract, plus applicable taxes.

2. That the Council of the City of Port Colborne authorize the Clerk to prepare and execute an Agreement with the Welland & District SPCA.

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Committee of the Whole Agenda

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

4.

5.

6.

7.

8.

9.

Department of Planning & Development, Report No. 2014-22, Subject: Request for Waiving of Development Charges at 427 Steele Street

Department of Engineering and Operations, Operations Division, Report No. 2014~13, Subject: Port Co!borne Distribution System Annual Inspection Report

Department of Chief Administrative Officer, Health Services Division, Report No. 2014~1, Subject: Name Change of Physician Recruitment Committee

Department of Community & Corporate Services, Report No. 2104-12, Subject: Lease of Site A

Department of Community & Corporate Services, Community Services Division, Report No. 2014-4, Subject: Nickel Beach Lease Agreement between the City of Port Colborne and Vale

Department of Community & Corporate Services, Community Services Division, Report No. 2014-5, Subject: 22"' Annual 444 International Walleye Tournament and 2nd

Annual Budweiser Can-Am Fishing Derby June 20-22, 2014

147

155

181

183

191

199

April 14, 2014

1. The Department of Planning and Development Report 2014-22 in respect of the request by Gary Matheson (1825142 Ontario Inc.} to waive City Development Charges be received and that no further action be taken.

2. That Gary Matheson be so notified.

That Council accept report 2014-13, Port Colborne Distribution System Annual Inspection Report, for information.

That Council approves an amendment to By-law No. 4876/101/06 changing the name of the Port Colborne Wainfleet Physician Recruitment, Retention and Medical Education Committee to the Port Colborne Medical Education, Recruitment and Health Services Committee and that all necessary changes are in accordance to the policy of Municipal Council.

That Council approves an amendment to By-law No. 4876/101/06 changing the appropriate members of the committee to Include only council approved citizens of Port Colborne.

That the Clerk be authorized and directed to prepare and present the appropriate by-law.

1. That Council authorize the entering into a lease agreement with Stam Acres Ltd. for the express purpose of farming Site A for 2014, with an annual option to renew, subject to development of the property.

2. That the Mayor and City Clerk be authorized to execute the appropriate by-law to enter into the lease agreement.

That Council receives this report for information and directs staff to continue the negotiation of a mutually 'beneficial use agreement' for the continued use of Nickel Beach with Vale Canada; and

That Community Services continues to implement ways and means to maximize accessibility to Nickel Beach by providing a safe, fun and enjoyable fadl'lty for families to enjoy.

That Council direct staff to waive the appropriate fees, which has the least impact on the municipality that includes waiving the bandshell/park fees, supply and install the snow fence for the overall site that includes the beer garden, concesslon, RV camp·ing/parking zone valued at $505.00 and offer reduced docking group rate of 35°/o (using an average boat length of 22 feet). In addition issue the conditional permit for temporary parking, provide a letter of non-objection to the Tournaments application for a Special Occasion Permit, provide waste containers for the park including regularly scheduled waste removal without incurring staff overtime expenses; and further direct the Community Partnership Coordinator to work with the organizing body to assist them seek additional sponsorship and secure other sources of funding to help defray infrastructure and security costs valued at $4370.00: and

That Council direct staff to provide access for the no charge RV camping/parking be permitted at H.H. Knoll Park, Thursday, June 19, 2014 starting at 12:00 p.m.

19


Miscellaneous Correspondence

VB BB RB 10, John Veselisin, Stoney Creek Branch 209 That the Council of The Corporation of the City of Port Manager, Orkin Canada Re Request to Colborne approve the request of John Vesellsin, Branch

AD FD YD Temporarily close King Street, April 26, 2014 Manager, Orkin Canada for the temporary closing of King and April 27, 2014 for the ADM Milling Street from 9:00 a.m., Saturday, April 26 to 11 :OD p.m ..

DE BK ws Fumigation Sunday, April 27, 2014 for purposes of the fumigation of the ADM Milling Company and the Clerk be directed to present the necessary by-law and to notify emergency services; and,

That By-law No. 6053/19/14, Being a By-law to Temporarily Close a Section of King Street to Vehicular Traffic April 12, 2014 and April 13, 2014 be repealed; and, That such approval be subject to the ADM Milling Company or Orkin notifying in advance, the owners of the property served by the section of roadway that will be temporarily closed for the proposed closing.

VB BB RB 11. Rosemary Armstrong of the Port Colborne 211 That the correspondence received from Rosemary Fair Trade Committee Request regarding Armstrong on behalf of the Port Colborne Fair Trade

AD FD YD New City Signs M Requesting the City to Committee regarding New City Signs M Requesting the include Fair Trade City designation and/ or City to include Fair Trade City designation and/ or the Fair

DE BK ws the Fair Trade Logo on the new city signs Trade Logo on the new City signs, be referred to staff for review in respect of City Policy.

VB BB RB 12. Region of Niagara Re Escarpment Crossing 213 That the correspondence received from the Region of Study - Analysis of Alternatives and Niagara Re Escarpment Crossing Study - Analysis of

AD FD YD Proposed Next Steps (PW Report 31-2014) Alternatives and Proposed Next Steps (PW Report 31-2014), be received for information.

DE BK ws VB BB RB 13. Region of Niagara Re Combined Sewer 227 That the correspondence received from the Region of

Overflow (CSO) Control Policy - Parent Niagara Re Combined Sewer Overflow (CSO) Control AD FD YD Project ZSW1410 (PW Report 36-2014) Policy - Parent Project ZSW1410 (PW Report 35-2014),

be received for information. DE BK ws VB BB RB 14. Cindy Forster, M.P.P. Welland Re Letter to 235 That the correspondence received from Cindy Forster,

the Minister of Natural Resources Regarding M.P.P. Welland Re Letter to the Minister of Natural AD FD YD a Review of the Niagara Peninsula Resources Regarding a Review of the Niagara Peninsula

Conservation Authority (Personnel Issues, Conservation Authority (Personnel Issues, Review of the DE BK ws Review of the NPCA Mandate and NPCA Mandate and Moratorium on current and future

Moratorium on current and future NPCA Land NPCA Land Acquisitions and Disposals), be received for Acquisitions and Disposals) information.

VB BB RB 15. Memorandum from Harry Hakim, Manager of 239 That the memorandum from Harry Hakim, Manager of Community Services, dated April 3, 2014 Re Community Services, dated April 3, 2014, Re Flavours of

AD FD YD Flavours of Niagara Committee - Amendment Niagara Committee - Amendment Terms of Reference, be Terms of Reference received, and

DE BK WS 1. That Councll of The Corporation of the City of Port Colborne approve the amendments to the Terms of Reference, Article 1.0 Composition of the Committee for the Flavours Advisory Committee, to include not more than three (3) members from the public/private sector representing the local food and beverage industry including service organizations: and

2. That the City Clerk provide the appropriate amendment to the byMlaw for the change to the Terms of Reference for Council approval, and

3. That the City Clerk undertakes the appropriate application process through advertising for such Committee positions as per the amended Terms of Reference.

VB BB RB 16. Stephen Covey, President, Operation 241 That the week of April 2arn to May 41\ 2014 be proclaimed

Lifesaver Re Request for Proclamation of Rail as "Public - Rail Safety Week" in the City of Port Colborne AD FD YD Safety Week, April 28 to May 4, 2014 in accordance with the request received from Stephen

Covey, President, Operation Lifesaver. DE BK ws

20


Outside Resolutions - Requests for Endorsement

VB BB RB 17. Region of Niagara Re Ontario's Long Term 243 That the Council of The Corporation of the City of Port Energy Plan - Request for support Colborne supports the resolution from the Regional

AD FD YD Munlclpality of Niagara to call on Premier Wynne and the Note: At ils meeting of February 24, 2014 Province of Ontario to take immediate action to prevent

DE BK ws Council supported a resolution from the Town hydro rate increases and any other rate increases from of Arnprior urging the Ontario Energy Board to being implemented. not approve any further rate Increases.

Responses to Resolutions of the City of Port Col borne

VB BB RB 18. Honourable Julian Fantino, PC, MP M'mister 245 That the correspondence received from the Honourable

' of Veterans Affairs Re City of Port Colborne's Julian Fantrno, PC, MP, Minister of Veterans Affairs, Re

AD FD YD Resolution regarding the Enlisting of City of Port Colborne's resolution regarding the Enlisting Ridgeway Nine Into Canada's National Books of Ridgeway Nine into Canada's National Books of

DE BK WS of Remembrance Remembrance, be received for Information.

VB BB RB 19. Town of Pelham Re The City of Port 247 That the resolution received from the Town of Pelham in Colborne's Resolution regarding Increased support of the City of Port Colborne's resolution regarding

AD FD YD Electricity Rates ~ Request for support Increased Electricity Rates, be received for information.

DE BK ws VB BB RB 20. Township of Wainfleet Re City of Port 249 That the resolution received from the Township of

Colborne's Resolution regarding Opposing Wainfleet concerning the City of Port Colborne's AD FD YD the Construction of the Nuclear Waste resolution regarding Opposing the Construction of the

Repository in the Great Lakes Basin - Nuclear Waste Repository in the Great Lakes Basin, be DE BK ws Request for support received for information

VB BB RB 21. Town of Fort Erie Re City of Port Colborne's 251 That the resolution received from the Town of Fort Erie in Resolution regarding Opposing the support of the City of Port Colborne's resolution regarding

AD FD YD Construction of the Nuclear Waste Repository Opposing the Construction of the Nuclear Waste in the Great Lakes Basin - Request for Repository In the Great Lakes Basin, be received for

DE BK ws Support information.

VB BB RB 22. City of Thorold Re City of Port Colborne's 253 That the resolution received from the City of Thorold in Resolution regarding Opposing the support of the City of Port Colborne's resolution regarding

AD FD YD Construction of the Nuclear Waste Repository Opposing the Construction of the Nuclear Waste in the Great Lakes Basin - Request for Repository in the Great Lakes Basin, be received for

DE BK ws Support Information.

VB BB RB 23. Correspondence received from P. Monteith, 255 That the correspondence received from P. Monteith, Executive Correspondence Officer, Office of Executive Correspondence Officer, Office of the Prime

AD FD YD the Prime Minister, Re City of Port Colborne's Minister, Re City of Port Co!borne's resolution concerning resolution regarding Nuclear Waste Nuclear Waste Repository, be received for information.

DE BK ws Repository (proposed Deep Geologic Repository)

VB BB RB 24. Randy Peltapiece, MPP, Perth-Wellington Re 257 That the correspondence received from Randy Resolution concerning Reform to Joint and Pettapiece, MPP, Perth Wellington Re Resolution

AD FD YD Several Liability Insurance (acknowledging concerning Reform to Joint and Several Liability support from the City of Port Colborne) Insurance, be received for information.

DE BK ws Note: at its meeting of March 24, 2014 Council supported a resolution calling for the reform of Joint and Several Liability.

VB BB RB 25. Town of Grimsby Re City of Port Colborne's 259 That the resolution received from the Town of Grimsby in Resolution regarding Request for Support support of the City of Port Colborne's resolution regarding

AD FD YD Calling on the Government to Reform Joint Request for Support Calling on the Government to and Several Liability - Support of the Reform Joint and Several Liability - Support of the

DE BK ws "Combined Model" "Combined Model", be received for information.

VB BB RB 26. Town of Grimsby Re City of Port Colborne's 263 That the resolution received from the Town of Grimsby in Resolution for Reform of Joint and Several support of the City of Port Colborne's resolution for

AD FD YD Liability Insurance for Municipalities - Reform of Joint and Several Liability Insurance for Request for support Municipalities, be received for information.

DE BK ws

21


VB BB RB 27. Association of Municipalities of Ontario Re Bill 267 That the correspondence received from the Association of 69, The Prompt Payment Act Put Aside ~ Municipalities of Ontario Re Bill 69, The Prompt Payment

AD FD YD Government Announces Construction Liens Act Put Aside - Government Announces Construction Act Review Liens Act Review, be received for information.

DE BK ws

22

RE: Centennial Beach project Albert Garofalo to: brendaheidebrecht 04/09/14 05:22 PM Hide Details From: "Albert Garofalo" <[email protected]> To: <[email protected]>,

Hello Brenda,

Page 1 of 3

Yes, please put me down to speak about the Bert Miller Nature Club's upcoming Beach Grass Planting Event on Earth Day, April 22nd.

I will follow up with a phone call tomorrow morning to see if you need additional information.

Thanks,

Albert

23

From: To: Cc:

Date: Subject:

City of Port Colborne RECEIVED

APR -.7 2014 CORPORATE SERVICES

<[email protected]> OEPARTM.ENT "[email protected]" <ashleygrigg@portcol borne .ca>, "lindsayrichardson@portco I borne .ca" <lindsayricha [email protected]>, "[email protected]" <[email protected]>, Rossi Erno <[email protected]>, Wolfe Scott <[email protected]> 04/07/14 04:15 PM City Council -Apr 14, 2014 - Save Our (Port Colborne) Lighthouses

Good afternoon Ashley,

Further to our brief conversation with Erno Rossi and myself, as well as following a meeting with Lindsay Richardson earlier today, please be advised as follows.

This memo will serve as a request for your consideration to be put on the City of Port Colborne City council meeting agenda at the April 14, 2014 meeting,

Our organization, "Save Our Lighthouses", is a non for profit, volunteer group established to seek acquire, control, preserve, restore and make accessible, the 2 heritage Port Col borne Lighthouses located at the south entrance of the Welland Canal, both of which were declared surplus by the Federal Government of Canada.

We are currently making application for financial support from the Niagara Region under the recently announced ' Lakefront Enhancement Strategy' program.

An integral part of the 2014 Incentive Program, which is a region wide program, is the non financial endorsement and support from the local City Council, before an forma application is submitted.

Accordingly, we are requesting to be placed on the very next City Council agenda, where we wish to make a brief public presentation and formally seek Council support for this very important initiative to preserve, restore these exceptional and iconic Port Colborne, marine heritage structures, built in the early 1900's and to ensure they are not left to deteriorate beyond repair.

We are seeking a city council meeting motion and motion approval which essentially communicates and reflects the following draft information: (Feel free to edit or shorten as you deem appropriate).

DRAFT MOTION: (April 17, 2014)

25

" The City of Port Co/borne and its City Council is aware of the current important initiative being led by the local group known as "Save Our Lighthouses" which seeks to acquire, preserve and restore to original condition, the 2 iconic and heritage lighthouses located in Port Co/borne at the Lake Erie entrance to the Welland Canal, both of which have been publically declared surplus by the Canadian federal government. In 2013, the successful annual Canal Days festival in 2013 included very popular, public tours of these century old lighthouses in its inaugural year.

City Council endorses an application by 'Save Our Lighthouses' to the Lakefront Enhancement Strategy program being administered by the Region of Niagara. At this time with consideration of the short RFP application timetable, this endorsement does not imply automatic financial support by Port Co/borne City Council, but certainly provides moral and political support for this high profile project undertaking to enhance the Lake Erie waterfront in the best interests of the public realm."

Thank you in advance for City council consideration and endorsement.

Aldo Palma [email protected] (416) 574-1877

Erno Rossi, Chair and Treasurer.

SAVE OUR LIGHTHOUSES 147 Tennessee Ave, Port Colborne Ontario L3K 2R8 [email protected] (905) 835-8051

(416) 574-1877

26

PORT COL!lORNE

Department: Planning and Development

Report Number: 2014 - 23 Agenda Date: April 14, 2014

SUBJECT: Recommendation Report: Zoning By-Jaw Amendment - Medical Marlhuana Production Faclllty

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose of this report is to provide Council with a recommendation regarding a City initiated Zoning Bylaw Amendment to allow and regulate Medical Marihuana Production Facilities within the Rural and Agricultural Zones of the City.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

Council had previously received the following background reports regarding medical marihuana: Planning and Development Services Report 2013-41 and Planning and Development Services Report 2014-12.

The new "Marihuana for Medical Purposes Regulations (MMPR)" (hereinto referred to as MMPR), approved in June of 2013, establish a licensing framework to allow the larger production, processing and distribution of dried marihuana for medical purposes. Now authorized users, medical practitioners, and/or hospitals must obtain their supply of medical marihuana from federally approved, regulated and licensed producers.

As of April 1, 2014 the transitional period for the old system expires and the only legal production of medical marihuana will take place in operations run by licensed producers. The new MMPR are federally regulated under the "Controlled Drug and Substances Act" and the federal government has exclusive jurisdiction in the licensing of these new facilities. However, the federal government has stated that all licensed producers must comply with all municipal laws and by-laws including municipal zoning by-laws.

By way of background and which forms the context of the Zoning Amendment application, the following was presented to Council through Planning and Development Services Report 2014-12:

"Sullivan Mahoney has reviewed our Zoning By-law and has determined that a medical marihuana production facility is an "agricultural" use:

"It is our opinion that a medical marihuana processing facility is permitted in the Agricultural Area and that no Official Plan Amendment or Zoning By-law Amendment would be necessary."

Su!livan Mahoney also has opined that in order for a "medical marihuana processing facility" to be permitted in the industrial area under the definition of a ''general industrial

27

use" or a "food processing establishment" and amended is necessary to the Zoning Bylaw and Official Plan for the cultivation portion.

Sullivan Mahoney recommends that a new definition tor a "medical marihuana processing facility" be created to be listed as a permitted use in the agricultural and industrial area subject to the necessary amendments.

In order to ensure any negative impacts could be mitigated, staff would create site specific zone provisions that would include setback distances from building exhaust tans, lot coverage, separation distances from other medical marihuana facilities, setback distances from residential, institutional, commercial and open space uses and lighting regulations, minimum landscaping requirements etc.

In order to ensure the provisions are addressed such as lighting, fencing, access etc., an amendment to our Site Plan Control By-law would be required. Staff proposes to initiate this as well." ·

As previously indicating, the proposed amendment is to the Agricultural and Rural zones of the municipality, not to any specific property. As directed by Council, in the near future staff will be initiating amendments to the City's Official Plan and the Zoning By-law for the industrial areas.

Accordingly, this City initiated Zoning By-law Amendment was made to allow a Medical Marihuana Production Facility as a permitted use in the Agricultural (A) and Rural (RU) Zones, with appropriate zone provisions to mitigate the impact of these facilities may have on adjacent land uses.

On March 24, 2014, Planning Staff presented Planning and Development Services Report 2014-20 as part of the statutory Public Meeting held to discuss the proposed Zoning By-law Amendment. A copy of the report is attached at "Appendix A" to this report.

3) STAFF COMMENTS AND DISCUSSIONS:

The Zoning Amendment proposes the following provisions to the Agricultural and Rural zones:

REQUIREMENTS FOR MEDICAL MARIHUANA PRODUCTION FACILITES

(a) Minimum Lot Frontage

(b) Minimum Lot Area

(c) Maximum Lot Coverage

(d) Minimum Front Yard

75m

Permitted only on an existing lot having a minimum size of 3ha

(i) Lots less than 5ha (ii) Lots 5ha to 1 Oha (iii) Lots greater than 1 Oha

30m

30 percent 10 percent 5 percent

Department of Planning & Development, Report No.: 2014-23 Page 2 of 16

28

(e) Minimum Interior Side Yard

(f) Minimum Exterior Side Yard

(g) Minimum Rear Yard

(h) Minimum Separation to Sensitive Land Use

(i) Planting Strip

15m

3Dm

30m

15Dm

Where a lot line of a lot containing a Medical Marlhuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.5m, measured perpendicularly to said lot line.

U) Outside Storage Requirements Outside storage of goods, materials or other

(k) Visible Nighttime Lighting

(I) Parking

(m) Servicing Requirements

supplies is not permitted.

Where a building or structure consists of more than 40% glass and where artificial lighting is required an opaque fence shall be provided and maintained adjacent to every portion of any lot line that abuts Sensitive Land use.

1 parking space for every employee on the largest shift

Servicing for the facility shall be designed by a Qualified Professional, identifying the source of irrigation water, water quantities required and the effects of same on the groundwater table and nearby wells.

The amendment also proposes the following new definitions:

"MEDICAL MARIHUANA PRODUCTION FACILITY" means a building or structure used for the cultivation, processing, testing, destruction, packaging and shipping of marihuana used for medicinal purposes as permitted under the Federal Government's Marihuana for Medical Purpose Regulations (MMPR) as amended from time to time or any successors thereto.

"SENSITIVE LAND USE" means buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges, fumes, odours, vibrations, sound waves or radiation generated by a nearby industrial, medical marihuana production, transportation or utility source. Sensitive land uses may be part of the natural or built environment. Examples may include, but are not limited to: residential uses, parks, community or day care centres, recreation areas, medical facilities, churches and schools.

Department of Planning & Development, Report No.: 2014-23 Page 3of16

29

Agency Comments

Notice of the Public Meeting was circulated to the required commenting agencies and relevant City departments on February 21, 2014. As of the date of writing this report, the following agency comments have been received and are attached to this report as "Appendix B":

City of Port Colborne Building Division

The City's Chief Building Official would require a building permit under the Building Code for any significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc. The demolition of all or part of a building would also be subject to a building permit.

The main concern to Building Division Staff is the absence of a specific Heath Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.

City of Port Colborne Fire Services Department

Port Co/borne Fire & Emergency Services supports the proposed amendment which will ensure the appropriate locations for these facilities. In reality, these operations are agricultural and/or industrial in nature and should tall under the required zoning. Also, site plan control should be applied to these locations.

Ministrv of Transportation

The Ministry of Transportation has indicated in their comments that they have no objection to the amendment in principle and note that all proposed permanent buildings and structures both above and below ground, utilities, frontage roads and stormwater management facilities (ponds) must be set back a minimum of 14 metres (45 feet) from any provincial highway property lines.

Additionally, land use permits tor all buildings within 46 metres (150 feet) of any provincial highway property lines, and a radius of 400 metres for the centre point of the intersection of any provincial highway and crossing roadway or 180 metres from the centre point of the intersection of any provincial highway and crossing roadway (distance depends on highway classification) will be required.

Region of Niagara

Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies.


30

District School Board of Niagara !DSBN)

The DSBN's primary interest would be to ensure adequate separation distance from any proposed MMPF and DSBN school sites. At this time, the DSBN does not currently have schools located in the City's agricultural and/or rural areas. Regardless, we fu/ly support the inclusion of by-law requirements for a minimum 150 metre separation distance between a MMPF use and nearby sensitive (i.e. school) uses. One area that would benefit from additional clarification Is whether the separation distance is to existing sensitive uses or vacant lands zoned for sensitive uses, or both, and if the separation distance is measured from lot line to lot line, building to Jot line, or building to building. Clarifying language would be helpful in this regard.

Public Comments

Notice of the Public Meeting was placed In the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached to PDS 2014-20 as "Appendix A").

There were approximately 15 people in attendance at the Public Meeting, many who provided verbal comments to staff which are summarised in the Draft Public Meeting Minutes. As of the date of writing this report, the following public comments have been received and are attached to this report as "Appendix C" (Public Comments) and "Appendix D" (Draft Public Meeting Minutes):

Margaret Curtiss Weaver. 1717 Fire Lane 2

Ms. Weaver provided written correspondence to Staff indicating she has concerns with the following:

• Potential for crime; • Setbacks from sensitive land uses; • Tax ramifications; • Water quality • Contamination from pesticides/herbicides; • Odour; • Security, lighting, fencing and noise pollution and • Location.

Joe Schonberger. President Niagara South Federation of Agriculture

Mr. Schonberger provided written correspondence to Staff indicating his group has concerns with:

• The removal of "Agricultural Uses" from the Environmental Protection Zone.

Mark S. Dwor, Co-Executor of the Estate of Libby Dwor, 2685 Vimv Road


31

Mr. Dwor provided written correspondence to Staff indicating he has concerns with the following:

• Location of these types of facilities (should not be near residential or sensitive uses such as the boy scout camp);

• Security; and • Impact on property values

Charles Groom

Mr. Groom provided written correspondence to Staff indicating concerns with the following:

• Location of these types of facilities (should not be near residences); • Impacts on environment and ecology of the area;

Frank Scott. 394 Pinecrest Road

Mr. Scott provided written correspondence on behalf of a group of concerned citizens which included zone provisions and requirements the group would like to see. These provisions included:

• Setback requirements; • Parking and drainage requests; • Environmental mitigation measures (noise, odour, water quality); • Security, fire protection and employee safety requests; and • Consideration for city supplied services.

Kerry Fallon. 2156 Firelane 2

Mr. Fallon provided verbal comments to Council at the statutory public meeting and listed a number of concerns including:

• Appropriate setback requirements from public parks, schools, significant woodlands and proximity to sensitive lands;

• Water qua//ty and potential for contamination; and • Loss of property values . •

Nancy Misener. 2122 Firelane 2

Ms. Misener provided verbal comments to Council at the statutory public meeting and questioned how the BC injunction would impact new vs. old licenses and asked whether residents would receive notice of an application for a commercial license.

Jeff Dwor

Mr. Dwor provided verbal comments to Council at the statutory public meeting and expressed concerns with:


32

• Location (proximity to park, residence, Boy Scout Camp); • Nature of the business and water consumption needs; and • Does not believe the Pinecrest Road facility is a suitable location.

Gary Dingman, 467 Pinecrest Road

Mr. Dingman provided verbal comments to Council at the statutory public meeting and expressed concerns with:

• Safety and security • Lighting; and • Deflated property values

Donnie Edwards. 2365 Firelane 2

Mr. Edwards, a licensed pharmacist, provided verbal comments to Council at the statutory public meeting and expressed concerns with:

• Potential for high school students to be employees; • Vibration, noise, odour and lighting

Tom Schroeder, 2407 Firelane 2

Mr. Schroeder provided verbal comments to Council at the statutory pub/le meeting and questioned whether the existing facility on Pinecrest Road would be legal according to the new rules.

Richard Holaday, 2366 Firelane 2

Mr. Holaday provided verbal comments to Council at the statutory public meeting and questioned the need for the amendment and whether the Province has addressed the issue through the Land Use Act or the Planning Act.

Mr. Holaday also provided written comments to Staff on behalf of a group of concerned citizens and questioned whether the timing of the information provided the public by City Staff was reasonable and whether this is standard practice. He indicated that all who signed the letter are opposed to the passing of the proposed Zoning By-law Amendment.

Chuck Groom, 2400 Flrelane 2

Mr. Groom provided verbal comments to Council at the statutory public meeting and indicated that he wanted the whole area (Pinecrest area) rezoned to residential.

Frank Scott. 394 Pinecrest Road


33

Mr. Scott provided verbal comments to Council at the statutory public meeting and noted that he would like to see the by-law passed at the public meeting if the facility on Pinecrest Road would not be in comp/lance.

Coleen Jased

Ms. Jased provided written comments to Staff indicating she was concerned with the location of this type of operation and didn't feel that a residential area was an appropriate location.

Dean Cutting

Mr. Cutting provided written comments to Staff indicating he did not want to see these types of facilities In the community but if they did that strict regulations be placed on them.

Marc Kealey. President of Muileboom Organics. 462 Pinecrest Road

Mr. Kealey provided verbal comments to Council at the statutory public meeting and provided the following:

• Brief history on the growing of legally prescribed medical marihuana; • Only 50 licenses in the country; • Submitted to Health Canada a 700 page application, which has been a very

rigorous process; • Provided written notice to Mayor, local police and fire departments of this

submission as per the requirements; • Site has been a farm for 55+ years • Happy to participate with any changes to the by-laws; and • Concurred that they would set up dialogue with community to allow residents to

ask questions and get informed.

Additional comments have been received since the public meeting and all are pertaining to 462 Pinecrest Road. All comments have been included in "Appendix C".

Planning Staff Analysis

The new Federal "Marihuana for Medical Purposes Regulations" do not consider land use impacts however; Health Canada has advised that "Licensed producers must comply with all other federal, provincial and municipal laws and by-laws, including municipal zoning by-laws. It is in the best interest of the applicant to communicate with the municipality and by-law enforcement office to ensure that the applicant does not contravene any zoning by-laws or other municipal legislation and by-laws."

Provincial Policy Statement (PPS


34

The PPS is a long range planning document that guides growth and development throughout the province. The PPS encourages municipalities to promote and provide for a range of land uses, and encourages the efficient development of employment and residential lands and the protection of agricultural and environmentally sensitive lands.

A MMPF is regarded by Staff to be similar to a greenhouse operation, comparable to the growing and processing of "traditional" crops and meets the PPS policy to encourage a range of agricultural uses in agricultural areas, including greenhouse operations. Therefore, it is Planning Staff's opinion that the proposed Zoning By-law amendment to permit medical marihuana production facilities in the Agricultural (A) Zone and Rural (RU) Zone meets the intent of the PPS.

Provincial Growth Plan

Section 1.4 of the P2G provides direction on how to read the Places to Grow Plan, specifically noting that "this plan shall be read in conjunction with the applicable Provincial Policy Statements". The proposed changes to the Agricultural (A) Zone and the Rural (RU) Zone are not impacted by the policies of the Places to Grow Plan.

Regional Policy Plan (RPPl

The RPP provides general policy direction for planning in the Niagara Region. The RPP promotes and protects agricultural lands for long term agricultural uses and recognizes a range of livestock, crop and greenhouse uses as permitted and promoted agricultural uses. Planning Staff is of the opinion that the proposed MMPF is an inherently agricultural use and as such, maintains the purpose and intent of the RPP.

As commented on by Regional Planning, the proposed amendment is supported by the Regional Policy Plan.

City of Port Colborne Official Plan (OP)

The OP provides long term general policy direction for the City. Both the rural and agricultural policies in the City's OP allow for a range of livestock, cropping and greenhouse uses as well as agricultural value added activities. As noted earlier in this report, Planning Staff is of the opinion that the proposed MMPF is an inherently agricultural use and the proposed amendment meets the intent of the Rural and Agricultural policies of the Official Plan and is supported.

Section 3.5 of the new Official Plan provides that

"The predominant uses of lands designated Agriculture shall include, but not be limited to; the cultivation of crops on a commercial basis; the storage and processing of produce grown on the premises; the raising of livestock; greenhouses; small-scale agritourism; value added agricultural activities; specialty agricultural uses such as an agricultural research station, fertilizer or seed depot, feed mill, saw mill or kennel,


35

provided the uses are compatible with adjacent uses; and agriculture-related accessory uses, including the sale of products from the farm operation."

In Staff's opinion, the growing and processing of medical marihuana is an agricultural use which is supported in the agricultural designation. Legal counsel shares the same opinion as reported in Planning & Development Report 2014-12.

Zoning By-law

Staff is proposing to amend the City of Port Colborne's Zoning By-law 1150/97/81 to set out specific regulations for the establishment of a MMPF within the Agricultural (A} Zone and the Rural (RU) Zone. The proposed zoning regulations are similar to those utilized for greenhouse operations and include provisions for lot area, lot frontage, rear and side yard setbacks, lot coverage, lighting, outside storage, parking and servicing requirements. The site specific changes are included as "Appendix E" to this report.

Additionally, although the growing of medical marihuana and the secondary processing use is a permitted agricultural use in the City's Zoning By-law, Staff seeks to ensure that it is specifically identified under the definition of "Agricultural" and that a new definition of "Medical Marihuana Production Facility" be added to the list of definitions and be a permitted use within the Agriculture and Rural Zone.

The following is the definition of agricultural in the Zoning By-law:

"AGRICULTURAL USE" means a use of land, building or structure for the purpose of animal husbandry, keeping of livestock, bee-keeping, dairying, fallow, field crops, forestry, fruit farming, horliculture, market gardening, pasturage, nursery, poultrykeeping, farm greenhouses or any other farming use, and includes the growing, raising, packing, treating, storing and sale of produce and other similar uses customarily carried on in the field of general agriculture and which are not obnoxious."

As stated earlier, it is the opinion of legal counsel that a MMPF can be interpreted as an agricultural use. The Director of Planning and Development (City Planer) shares the same opinion as publically stated to Council in 2013. The product growing inside a greenhouse does not change the use of a greenhouse regardless of the crop grown inside. Whether a greenhouse grows marihuana, flowers, aloe, ginseng or tobacco, the definition of an agricultural use

Finally, Staff had originally proposed removing "agricultural uses" from the Environmental Protection (EP} Zone. Upon further review of comments received and discussion, Staff support to remove this as a permitted use and therefore no change will be made to this section of the Zoning By-law.

Site Plan Control

Currently, the City's Site Plan Control By-law 5914/21/13 exempt's agricultural uses and small additions from site plan control. As a Medical Marihuana Production Facility has


36

the potential to be large in size and may have a large employee base, Staff are proposing modifications to the Site Plan Control By-law 5914/21/13 to ensure that Medical Marihuana Production Facilities are subject to site plan control. Matters related to building location, parking, lighting, fencing and buffering can be addressed through site plan control to mitigate any adverse Impacts that may occur on adjacent properties.

Planning Dlvlslon Response to Public Comments

All comments received from the public are in regards to 462 Pinecrest Road. The March 24, 2014, Council meeting was the statutory public meeting dealing with all lands zoned Agricultural and Rural in the municipality -not 462 Pinecrest Road. There is no rezoning application for 462 Pinecrest Road.

All questions, comments and concerns were focused around an existing facility regulated under the 2001 Medical Marihuana Access Regulations (MMAR) and not specifically with the proposed Zoning By-law Amendment to permit and regulate Medical Marihuana Production Facilities in all Agricultural and Rural zones.

Due to the volume and reoccurring nature of the comments, questions and concerns, Planning Staff have broken the issues down into themes which will be addressed.

It is also important to note that an injunction was granted on March 21, 2014 which allows those who have a personal production license to continue to grow medical marihuana for personal medical use. This injunction does not impact on new applications under the MMPR (commercial grow and production operations).

Existing Operation at 462 Pinecrest Road

The major issue that has been identified is the conflict between an existing operation on Pinecrest and residents surrounding that operation. Residents voiced many concerns with the existing operation including, odour, noise, lighting and location with respect to a residential area. While staff is sympathetic to these concerns, the intent of this Zoning By-law Amendment is not to regulate existing operations, which fall under the old Marihuana Medical Access Regulations (2001) and are essentially "grandfathered" in with the current injunction, but to direct any new or expanding commercial MMPF operations to more appropriate locations. Further, as publically stated by Marc Kealey, the operation at 462 Pinecrest has applied to be a licensed producer under the new MMPR. The details of the license application are protected by the Freedom of Information and Protection of Privacy Act.

The regulations contained in the "Marihuana for Medical Purposes Regulations (MMPR)" address many of the key concerns brought forward by residents including odour, noise, and lighting as provided below.

The proposed zoning amendment has been initiated in response to the introduction of the new MMPR, April 1, 2014 with the intent to control and regulate commercial MMPF through appropriate zone restrictions and Site Plan Control. The City has no control over the existing operations which fall under the old regulations, which were expected

Department of Planning & Development, Report No.: 2014-23 Page 11 of16

37

the cease as of April 1, 2014. With the court injunction, these regulations appear to still be in effect, in addition to the new MMRP and as such, Staff will continue to have no control over the growing of medical marihuana for persons with a personal production license until such a time as the issue is heard and a decision rendered by the Federal Courts. Any new applications made under the MMPR will be subject to the new federal regulations and municipal zoning provisions as proposed.

Notice

There was concern that Staff did not provide adequate notification to the Public on the proposed Zoning By-law Amendment. Notice of the Public Meeting was placed in the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed on February 27, 2014 to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached to PDS 2014-20 as "Appendix A"). As per the Planning Act, Staff must provide notice in the prescribed manner at least 20 days prior to the Public Meeting. The Public Meeting was held on March 24, 2014, 26 days after the notices were posted and as such, Staff can confirm that proper notice was given.

Location

There was significant concern regarding the location of potential a MMPF and that they should not be located within a residential area. Specifically, members of the public did not feel that the current location of an existing operation on Pinecrest Road was appropriate. Staff feel it is relevant to note that this Zoning By-law Amendment does not seek to regulate existing operations that fall under the old MMAR regulations.

The new MMPR prohibit medical marihuana operations from locating in a dwelling, there are no specific regulations to specify where they can be located, setbacl< or parking requirements, and servicing or size requirements. It is the lack of these restrictions that now requires the City to amend the Zoning By-law to address appropriate siting of these facilities and any potential land use impacts. As directed by Council, a future amendment will propose amendments to the City's OP and Zoning Bylaw to permit a MMPF in the industrial areas of the municipality.

In order to achieve compatibility, Staff proposes that a MMPF may only be located on a property that permits agricultural uses in the Agricultural (A) or Rural (RU) Zones and is satisfied that these locations along with appropriate setback provisions may limit impacts on neighbouring properties.

Setback from Sensitive Land Use(s)

Staff has proposed that a minimum setback to sensitive land uses of 150 metres be required. This setback will be measure from building to building, similar to Minimum Distance Separation (MOS) calculations for other agricultural uses as discussed under "Odour" below. The 150 metre setback that has been proposed would exceed the 06 guideline setback of ?Om established by the Ministry of the Environment and matches or


38

exceeds other setbacks that have been approved/proposed in other Ontario municipalities (outlined below):

Municipality

Chatham-Kent (permitted in agricultural zone) Fort Erie (permitted in agricultural zone) Milton (permitted in agricultural zone) Ottawa Toronto Vaughn West Lincoln (permitted in agricultural zone)

Setback Requirement

75-100 metres 70 metres 70 metres 150 metres 70 metres 70 metres *150 metres (Staff proposed 45m)

Additionally, as per the MMPR, these facilities must be completely contained indoors and provide proper ventilation, lighting and security to mitigate potential issues. No outside storage is also proposed. Staff are satisfied that this separation distance will mitigate any potential impacts that may arise from the day to day operations of a MMPF.

Odour

The new MMPR require that anywhere cannabis is present, an air purification system is required to ensure that odours do not escape beyond those areas. Based on this regulation, Staff do not anticipate any odour issues and feel that the minimum separation to Sensitive Land Use requirement of 150 metres will provide adequate separation distance in the case that odours somehow occur through malfunction of the air purification system or similar instances.

As a comparison, a Minimum Distance Separation (MDS) calculation was run for a chicken farming operation with 26,000 chickens (which is reflective of an existing operation within the City), located in the agricultural area. This type of use Is known to be odorous and the minimum required distance for this use according to MDS was 193 metres. Using the same MDS formula, a 150m setback would represent a facility containing approximately 11,000 chickens. It is important to note that unlike the growing of medicinal marihuana, a chicken barn is not required to provide any type of air purification system or other mitigating measures and as such, it is Staff's opinion that the MMRP requirements and the proposed minimum separation distance for sensitive land uses is adequate to address any concerns relating to odour in the event a malfunction occurs.

Servicing

As these facilities will be responsible for the growing of crop, they will require significant water and electrical resources to operate. Electrical resources will be dependent on factors such as nighttime lighting and security requirements, cloudy day growing in a greenhouse or year round growing with artificial light and heat sources within other types of building structures.


39

Water/Sanitary services will be required for crop growing and also for washroom facilities that will be required for employees. Staff have proposed that servicing for the facility will be required to be designed by a qualified professional and that any impacts on the surrounding groundwater table and nearby wells be identified and mitigated. Additionally, Niagara Regional Health Department approval will be required for any septic systems required and if applicable, the Ministry of Environment deals with "permits to take water".

Lighting, Noise, Security

These operations are permitted to operate in buildings with more than 40% glass (greenhouse structure) and with the potential for artificial lighting, Staff are proposing visible nighttime lighting provisions (fencing), which will be enforced through Site Plan Control, to minimize any potential negative impacts on adjacent sensitive land uses. Additionally, all operations must be carried out indoors, therefore noise should be mitigated through this practice as well as the 150 metre setback from Sensitive Land Uses.

The MMRP require significant security measures be put into place prior to the issuance of a license. These measures include:

• Site must be designed in a manner that prevents unauthorized access; • Perimeter of the site must be visually monitored at all times by visual recording

devices to detect any attempted or actual unauthorised access; • Perimeter of the site must be secured by an intrusion detection system that

operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in the site or tampering with the system;

• This system must be monitored at all times by personnel who must determine the appropriate steps to the taken in response to an occurrence;

• Access to areas within a site where cannabis is present must be restricted to person whose presence in those areas is required by their work responsibilities; and

• Areas where cannabis is present must include physical barriers that prevent unauthorized access and be visually monitored at all times to detect illicit conduct.

Staff is satisfied that these security measures will be adequate to address any issues with respect to security and safety.

Property Values

Medical Marihuana Production Facility will operate similar to a greenhouse operation on agricultural lands and would be subject to MPAC's assessment.

Size of Facility, Parking and Shipping

It is Staff's understanding that based on the MMPR, the production, processing and storing of medical marihuana will be entirely indoors with the majority of the floor space


40

dedicated to growing, rather than processing. These facilities could have the potential to employ a significant number of employees depending on the size of the operation and will also be responsible for overseeing shipping the medical marihuana off site to those who can legally possess. The frequency of shipments will be dependent on the size of the facility as there is a limitation within the MMPR on the maximum size of the shipment. Additionally, these facilities will be required to be secured and monitored at the perimeter of the site as well as within areas where cannabis is present.

According to the MMPR, only 30 grams of dried marihuana is permitted in the immediate container and only one shipment of marihuana is permitted per order to a maximum of 150 grams. These shipments must also be tracked to ensure they reach the end user. Since the regulations restrict the amount of dried marihuana, Staff Is of the opinion that the shipment of medical marihuana will not negatively impact adjacent land uses as it will be picked up/delivered by Purolator, UPS or other similar system (small trucks).

Staff are proposing that parking for employees be regulated through the Zoning By-law and that the requirement for 1 parking space for every employee on the largest shift will address any potential negative parking impacts. Site Plan Control will address required parking areas and access drives.

Conclusions

The proposed amendments to the City of Port Colborne's Zoning By-law 1150/97 /81 and the Site Plan Control By-law 5914/21/13 will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are mitigated. The City is not involved with the licensing of MMPF as it is under the jurisdiction of the Federal Government. Legal counsel has advised, that the municipality can't prohibit, only regulate and Staff is of the opinion that the best way to control these facilities is through proper zoning provisions for the Agricultural and Rural zones, and design through Site Plan Control.


a) Do nothing.

This is not recommended as Health Canada may issue licenses for these facilities whether or not the appropriate provisions are in place.

b) Other Options

Although not recommended, as it would go against legal and staff's position, Council can chose to approve different zone provisions and requirements. If Council does so, whatever they may be, it may be perceived to be creating provisions that can't realistically be met and Council should be aware of the challenges that may arise.

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES:


41

Not applicable.

6) ATTACHMENTS:

Appendix A: PDS 2014-20 (Public Meeting Report)

Appendix B: Agency Comments

Appendix C: Public Comments (Written)

Appendix D: Draft Public Meeting Minutes - March 24, 2014

Appendix E: Draft Zoning By-law Amendment

Appendix F: Draft Site Plan Control By-law Amendment

7) RECOMMENDATION:

1. THAT Council of the City of Port Colborne approves the Zoning By-law Amendment attached as "Appendix E" to this report.

2. THAT the City Clerk is hereby authorised and directed to proceed with the giving of notice of passing of the By-laws, in accordance with the Planning Act;

3. THAT pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required; and

4. THAT the City's Site Plan Control By-law be amended.

8) SIGNATURES:


Lindsay Richardson Community/Policy Planner

Reviewed and Respectfully Submitted:

,;;-c-----. ~:...;-..:· ____ ___.::,

Robert J. Heil Chief Administrative Officer

Reviewed and Approved By: -

quilina, MCIP, RPP, CPT Director of Planning and Development

Department of Planning & Development, Report No.: 2014-23 Page16of16

42

Appendix: A

l'OR T COUlORNF.

Department: Planning and Development

Report Number: 2014 - 20 Agenda Date: March 24, 2014

SUBJECT: Public Meeting: Proposed Zoning By-law Amendment - Medical Marlhuana Production Faclllty

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose of this report is to provide Council and the public with information in respect to a City-Initiated proposed zoning by-law amendment to allow and regulate Medical Marihuana Production Facilities within the Rural and Agricultural Zones of the City.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

Jn 2001, the "Marihuana Medical Access Regulations (MMAR)" (hereinto referred to as MMAR) came into effect which allowed those suffering from certain illnesses to access marihuana for medical use. Under these regulations, authorised users could grow their own medical marihuana in their homes and gardens. In addition, these regulations also permitted other authorised persons to grow on behalf of a limited number of users.

Under these regulations a number of health and safety concerns have been identified within municipalities across Canada, including Port Colborne. These concerns include (but are not limited to):

• Unsafe buildings due to alterations to accommodate the growing of marihuana; • Improper ventilation either internal or external of poisonous fumes from the

chemicals used in the production of the plants, and odour due to actual plant growth and natural life cycle;

• Mold and fungus issues within the building due to a lack of humidity control; • Fire hazards and power outages as a result of Improper electrical works; and • Potential for chemicals to leech into the ground or sewer system causing

environmental damage.

The new "Marihuana for Medical Purposes Regulations (MMPR)" (hereinto referred to as MMPR), approved in June of 2013, established a licensing framework to allow the larger production, processing and distribution of dried marihuana for medical purposes. Now authorised users, medical practitioners, and/or hospitals must obtain their supply of medical marihuana from federally approved, regulated and licensed producers.

As of April 1, 2014 the transitional period for the old system will have expired and the only legal production of medical marihuana will take place in operations run by licensed producers. All legal marihuana grow operations in dwelling units will become illegal as of April 1, 2014 which will address some of the historical and current concerns of the residents and of the City's Fire and Building Services Departments.

On February 10, 2014 Council received Planning and Development Services Report PDS 2014-12. This report provided some background information on the new MMPR which

43

fall under the Federal Controlled Drug and Substances Act. In the report, it was indicated that legal counsel determined that a medical marlhuana production facility is an "agricultural" use:

"II is our opinion that a medical marihuana processing facility is permitted in the Agricultural Area and that no Official Plan Amendment or Zoning By-Jaw Amendment would be necessary."

Sullivan Mahoney also opined that in order for a "medical marihuana production facility" to be permitted in the Industrial Zone under the definition of a "general industrial use" or a "food processing establishment" an amendment would be necessary to both the Zoning By-Jaw and Official Plan for the cultivation portion of production.

It was recommended that a new definition for a "medical marihuana production facility' be created to be listed as a permitted use in the agricultural and industrial areas subject to the necessary amendments.

Council at its meeting on February 10, 2014 resolved that:

"Council receive this report for information purposes and that staff be directed to proceed to amend the provisions of the Zoning By-law, Site Plan Control By-Jaw, and policies of the Official Plan to regulate and provide provisions related to Medical Marihuana Production Facilities; and

That staff be directed to proceed in two phases: first, to amend the provisions respecting the Agricultural/Rural Zones; and second, to amend the provisions respecting the Industrial Zones and the Official Plan."

NewMMPR

The new MMPR enable the creation of an entirely new medical marihuana industry that is licensed by Health Canada and operated by licensed producers. Under the new regulations, licensed producers will have to meet extensive security and quality control requirements. For example, when potential licensed producers apply to Health Canada for a license, they must demonstrate that:

• They employ a quality assurance person with appropriate training, experience and technical knowledge to approve the quality of their dried marihuana;

• Chemical composition testing must be done and a recall system must be put into place;

• The licensed producer must designate a senior person in charge for overall management of the operation;

• There is an ability to register clients; • The production site includes restricted-access areas, which would include al! areas

where a licensed activity is conducted with marihuana and cannabis;


44

• Access to the production site is controlled at all times including 24/7 visual monitoring systems and an intrusion detection system to detect unauthorised access;

• The site perimeter must be monitored and recorded 24/7 and the system must be monitored at all times by qualified personnel;

• Air purification systems are in place that filters the air in areas where cannabis is present;

• Key personnel hold a valid security clearance, issued by the Minister of Health; and

• The applicant has provided written notification of their application, providing details regarding the location of the production site to the local police force, local fire authority and local government.

The new MMPR are federally regulated under the "Controlled Drug and Substances Act" and the federal government has exclusive jurisdiction in the licensing of these new facilities. However, the federal government has stated that all licensed producers must comply with all municipal laws and by-laws including municipal zoning by-laws. Accordingly, Staff has now begun the process to amend the Zoning By-law to allow a medical marihuana production facility as a permitted use in the Agricultural and Rural zones, with appropriate zone provisions to mitigate the impact of these facilities on adjacent land uses.

3) STAFF COMMENTS AND DISCUSSIONS:

Public and Agency Comments

Notice of the Public Meeting was placed in the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached hereto as "Appendix A"). As of the date of writing this report, the following public comments have been received and are attached to this report as "Appendix B":

Margaret Curtiss Weaver, 1717 Fire Land 2 (Seasonal Resident)

Ms. Weaver provided written correspondence to Staff indicating the following:

• Concerned that the City is not putting enough weight on the difference between growing traditional agricultural products and medical marihuana. She feels that growing marihuana is like "growing highly valuable cash money then waiving it around asking someone to come and take it";

• Feels that there will be an overwhelming temptation for growers to cheat, that organized crime will become involved and/or thieves will target these facilities with a potential to target others homes in the surrounding area;

• Indicates that the requirements developed by the City should include requirements directed towards the health, safety and security of employees (i.e. adequate washroom and parking facilities, nighttime lighting for safety etc);

• Would like to see a limit on the number and type of building and a minimum distance between buildings should be established for fire safety reasons - made


45

reference to the Town of Fort Erie setting a 70 metre setback between Class I facilities;

• Wants to see the City consider the tax ramifications of this type of business and wonders what type of tax class this use would fall under;

• Suggests this type of use be subject to Site Plan Control; • Feels that strong consideration be given for pre-planning for waste water and

fertilizer runoff; • Would like to see water samples being taken before operation begins and then

follow up samples provided to ensure water runoff limits are respected; • Feels that because of the unknown health ramifications which accompany the

production of medical marihuana, consideration should be given to limiting the use of herbicides and pesticides and that encouragement should be given to operations using hydroponic cultivation methods;

• Would like to see the requirement for air filtration systems to eliminate any potential odours;

• Feels that the new requirements should deal with security, lighting, fencing and noise pollution in order to maintain the existing agricultural/rural character of the area and would like to see a separation distance between residential dwelling units and the production facility of a quarter of a mile; and

• Feels that medical marihuana production facilities should only be permitted in the industrial/employment areas as illustrated in the Official Plan and located indoors, which would "remove much of the impetus for their existence in Rural or Agricultural Areas".

Notice of the Public Meeting was also circulate to the required commenting agencies and relevant City departments on February 21, 2014. As of the date of writing this report, the following agency comments have been received and are attached to this report as "Appendix C":

City of Port Co/borne Building Division

The City's Chief Building Official would require a building permit under the Building Code for any significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc. The demolition of all or part of a building would also be subject to a building permit.

The main concern to Building Division Staff is the absence of a specific Heath Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.


Port Colborne Fire & Emergency Services supports the proposed amendment which will ensure the appropriate locations for these facilities. In reality, these operations are agricultural and/or industrial in nature and should fall under the required zoning. Also, site plan control should be applied to these locations.


46

Ministry of Transportation

The Ministry of Transportation has indicated in their comments that they have no objection to the amendment in principle and note that all proposed permanent buildings and structures both above and below ground, utilities, frontage roads and stormwater management facilities (ponds) must be set back a minimum of 14 metres (45 feet) from any provincial highway property lines.

Additionally, land use permits for all buildings within 46 metres (150 feet) of any provincial highway property lines, and a radius of 400 metres for the centre point of the intersection of any provincial highway and crossing roadway or 180 metres from the centre point of the intersection of any provincial highway and crossing roadway (distance depends on highway classification) will be required.

Region of Niagara

Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies.

Planning Staff Analysis

Official Plan

As indicated earlier in this report, the City's legal counsel has indicated that a "Medical Marihuana Production Facility" is permitted in the Agricultural Area (designation) and that no Official Plan Amendment would be required at this time.

Zoning By-law

Staff is proposing to amend the City of Port Colborne's Zoning By-law 1150/97/81 to set out specific regulations for the establishment of a Medical Marihuana Production Facility within the Agricultural (A) Zone and the Rural (RU) Zone. The proposed zoning regulations are similar to those utilized for greenhouse operations and include provisions for lot area, lot frontage, rear and side yard setbacks, lot coverage, lighting, outside storage, parking and servicing requirements. The site specific changes are included as "Appendix E" to this report.

Additionally, although the growing of medical marihuana and the secondary processing use is a permitted agricultural use in the City's Zoning By-law, Staff seeks to ensure that it is specifically identified under the definition of "Agricultural" and that new definition of "Medical Marihuana Production Facility'' is added to the list of definition and permitted uses within the Agriculture and Rural Zone categories.


47

A medical marihuana production facility will be defined through the proposed Zoning Bylaw amendment as:

"A building or structure used for the cultivation, processing, testing, destruction, packaging and shipping of marihuana used for medicinal purposes as permitted under the Federal Government's Marihuana for Medical Purpose Regulations (MMPR) as amended from time to time or any successors thereto."

Staff is also proposing a definition of "Sensitive Land Use" be added to the definitions section of the Zoning By-law. A sensitive land use shall be defined as:

"Buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges, fumes, odours, vibrations, sound waves or radiation generated by a nearby industrial, medical marihuana production, transportation or utility source. Sensitive land uses may be part of the natural or built environment. Examples may include, but are not limited to: residential uses, parks, community or day care centres, recreation areas, medical facilities, churches and schools."

Finally, Staff is proposing to remove agricultural uses from the list of permitted uses within the Environmental Protection Zone as these are lands with limited scope for agricultural uses.

Site Plan Control

Currently, the City's Site Plan Control By-law 5914/21/13 exempts agricultural uses and small additions from site plan control. As a Medical Marihuana Production Facility has the potential to be large in size and may have a large employee base, Staff are proposing modifications to the Site Plan Control By-law 5914/21/13 to ensure that Medical Marihuana Production Facilities are subject to site plan control.

Location

It is important to note that while the new MMPR prohibit medical marihuana operations from locating in a dwelling, there are no specific regulations to specify where they can be located, setback or parking requirements, and servicing or size requirements. It is the lack of these restrictions that now requires the City to amend the Zoning By-law to address appropriate siting of these facilities and any potential land use impacts.

Although they can no longer be located within a dwelling, there is no restriction on other sites within the City. It therefore falls on the local municipality to ensure these facilities are appropriately located to mitigate potential impacts.

In order to achieve compatibility, Staff is proposing that a minimum setback to sensitive land uses of 150 metres be required.


48

Size of Facility, Parking and Shipping

It is Staff's understanding that based on the MMPR, the production, processing and storing of medical marihuana will be entirely indoors with the majority of the floor space dedicated to growing, rather than processing. These facilities could have the potential to employ a significant number of employees depending on the size of the operatlon and will also be responsible for shipping the medical marihuana off site to those who can legally possess. The frequency of shipments will be dependent on the size of the facility as there is a limitation within the MMPR on the maximum size of the shipment. Additionally, these facilities will be required to be secured and monitored at the perimeter of the site as well as within areas where cannabis is present.

According to the MMPR, only 30 grams of dried marihuana is permitted in the immediate container and only one shipment of marihuana is permitted per order to a maximum of 150 grams. These shipments must also be tracked to ensure they reach the end user. Since the regulations restrict the amount of dried marihuana, Staff is of the opinion that the shipment of medical marihuana will not negatively impact adjacent land uses as it will be picked up/delivered by Purolator, UPS or other similar system (small trucks).

Staff are proposing that parking for employees be regulated through the Zoning By-law and that the requirement for 1 parking space for every employee on the largest shift will address any potential negative parking impacts.

Servicing

As these facilities will be responsible for the growing of crop, they will require significant water and electrical resources to operate. Electrical resources will be dependent on factors such as nighttime lighting and security requirements, cloudy day growing in a greenhouse or year round growing with artificial light and heat sources within other types of building structures. These operations are permitted to operate in buildings with more than 40% glass (greenhouse structure) and with the potential for artificial lighting, Staff are proposing visible nighttime lighting provisions to minimize any potential negative impacts on adjacent sensitive land uses.

Water/Sanitary services will be required for crop growing and also for washroom facilities that will be required for employees. Staff have proposed that servicing for the facility will be required to be designed by a qualified professional and that any impacts on the surrounding groundwater table and nearby wells be identified and mitigated. Additionally, Niagara Regional Health Department approval will be required for any septic systems required.


49

Odour

The new MMPR require that anywhere cannabis is present, an air purification system is required to ensure that odours do not escape beyond those areas. Based on this regulation, Staff do not anticipate any odour issues and feel that the minimum separation to Sensitive Land Use requirement of 150 metres will provide adequate separation distance in the case that odours somehow occur through malfunction of the air purification system or similar instances.

As a comparison, a Minimum Distance Separation (MDS) calculation was run for a chicken farming operation with 26,000 chickens (which is reflective of an existing operation within the City), located in the agricultural area. This type of use is known to be odorous and the minimum required distance for this use according to MDS was 193 metres. It is important to note that unlike the growing of medicinal marihuana, this type of operation is not required to provide any type of air purification system or other mitigating measures and as such, it is Staff's opinion that the MMRP requirements and the proposed minimum separation distance for sensitive land uses is adequate to address any concerns relating to odour.

Property Values

A loss in property values are not anticipated as the Medical Marihuana Production Facility will operate similar to a greenhouse operation outside the urban area boundary.

Conclusions

The proposed amendments to the City of Port Colborne's Zoning By-law 1150/97/81 and the Site Plan Control By-law 5914/21/13 will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are mitigated. Health Canada will issue licenses for these facilities whether or not we have the appropriate zone provisions in place and Staff is of the opinion that the best way to control these facilities is through site plan control and appropriate zoning provisions.


Not applicable, this report is for information purposes only.

a) Do nothing.


b) Other Options



50

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES:

Not applicable.

6) ATTACHMENTS:

Appendix A: Petition and Email Request Circulation List

Appendix B: Public Comments

Appendix C: Agency Comments

Appendix D: MMAR/MMPR Comparison Chart

Appendix E: Draft Zoning By-law Amendment

Appendix F: Notes from Health Canada - Ministerial Response to Town Hall Meeting Questions

7) RECOMMENDATION:

1. That this report be received for information purposes.

8) SIGNATURES:

Prepared on March 12, 2014 by:

Lindsay Richardson Community/Policy Planner


Robert J. Heil Chief Administrative Officer

Reviewed and Approved By:

FOR Dan Aquilina, RPP, MCIP, CPT Director of Planning and Development


51

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52

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53

2901 VIMYRO DEMERY GEOi\G1: 2895 \1~-W RD MEYER r;TER 2839 VIMYRO PEFRANKS JOHN

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54

City Clerk 66 Charlotte Street

Margaret Ctutiss Weaver 1208 Mountain-Aire Way SE

Olympia, WA 98503-1921 (USA)

Port Colbome Ontario L3K 3CK

Subject: Input for Public Meeting

Appendix B

The following is provided for input to the Public Meeting for the Proposed Zoning Bylaw Amendment, Medical Marihunana Production Facility, scheduled for March 24, 2014 at 6:30 PM in the City Hall Council Chambers. Please provide this input to the appropriate authorities.

My name is Margaret ClU'tiss Weaver. I am a joint owner of Lake Erie shoreline prope1ty. That property is located at 1717 Fire Lane 2 in the City of Po1t Colbome. I own the property jointly with my niece, Cullen Ctutiss.

My family has owned this prope1ty since 1948. The prope1ty is located in what is known as 1he Lonaine Connnunity, established in 1897. All of the properties are taxed as lakefront properties. The focus of the Lonaine Community is on the quiet enjoyment of the beaches and woodlands which nm along the shoreline of Lake Erie. We love the place and intend to keep it as long as our finances and our health pennit.

Because of our love for Lorraine and the Poli Colbome community which we consider our second home, we are quite concerned about the ramifications associated with the potential development of a medical marijuana grow operation in our neighborhood. Because of these concerns we thank the City of Poli Colbome for this oppolitmity to have a say in the proposed zoning by-laws which relate to such facilities. Since we are smnmer residents, we will not be able to attend the public meeting scheduled at 6:30 pm on March 24, 2014 and this letter will constitute our input for that meeting.

The first point I would like to make is that both I and my niece are concerned that the City of Port Colbome is not placing enough weight on the difference between the production of medical marijuana and the production of routine agriculturnl products that are common to om neighborhood. \Ve are used to onions, wheat, barley, alfalfa, tomatoes, hay, you name it. We consider the farmers who own prope1ties abutting oms to be our good neighbors and our friends. But the introduction of medical marijuana is an entirely different breed of cat. This product introduces into a peaceful, quiet and calm co1mntu1ity a serious threat and that threat goes to the hemt of the peace of mind we must have in order to enjoy om colll!ntmity and our way of life.

Growing medical marijuana is not growing tomatoes. Growing marijuana is like growing highly valuable cash money then waiving it around asking someone to come and take it. In our view, medical marijuana brings with it three avenues of threat. First of all, there

55

Appendix B

will be an overwhelming temptation for growers to cheat on their production by puqJosely misrepresenting how much they me growing. As untaxed and mrnccounted for wealth, this will prove too tempting for organized crime and dmg cartels to pass up. Secondly, the crop itself will become a target of greedy individuals simply seeking to increase their personal wealth. These are not individuals who are paiticularly interested in dmgs, but they are simply thieves. Finally, the druggies who inhabit some levels of our society are well known to occasionally act inm1aturely, impulsively, and without sufficient forethought. On a lark, a whimsy, or out of pme desperation, these hapless souls may try to take what they want or feel they need and in the process they may miss their target and invade our homes, rather than what should have been their target. Regardless of which of these three so11l'ces of tlueat are at work, common sense tells us that the introduction of a marijuana growing operation, medicinal or othe1wise, will pose an increased degree of threat to the property owners near these grow operations.

These are not hypothetical concerns. There have been too many attacks by chug dealers on one another's production facilities, and too many addled and disoriented dmg users attacking persons who were or were not involved in ch11gs to deny this. Because of this real concern for safety, the importance of this proposed zoning by-law amendment takes on additional irnpo1tance. While the impetus for much of the Controlled Dmgs and Substances Act lies beyond the reach of our City, the establishment of the standards we are to use within om· own community remains in om hands. What follows is an attempt to assist you in that regard.

The nmnber of employees who will be required in atlY given medical marijuana growing facility is unknown, but one developer who cmrently has 20 employees expects to add up to 200 more (Reference A). The standards our City is developing for these facilities should recognize that mll'llber and include requirements directed toward the health, safety, and security of those employees.

There should be a requirement that there be an appropriate level of toilet facilities for those 20 to 200 employees. If the grow operation requires a septic system, a septic system standard should be set which is appropriate to the anticipated work force.

These facilities should be subject to periodic fae safety and physical security inspections to insure that the appropriate city and provincial fire codes and the security requirements of the Controlled Drngs and Substances Act are being followed. The standards being considered should include periodic inspections to ensure that these requirements are being met. I would suggest that annual inspections by City of Pmi Colbome employees knowledgeable of the requisite fire codes of the City and the physical security requirements of the Controlled Drngs and Substances Act would be appropriate.

Parking should be beside or behind any strnctmes, not in front of the prope1ty. Parking should be safe and adequate for the number of employees and visitors expected. If nighttime operations are conducted, parking should include lighted parking areas for employee safety reasons. The lighting should be required to be designed in a manner

56

Appendix B

which directs light downward ancl inward, not interfering with the nighttime vision of neighboring prope1iies.

Road access standards should be included which insure safe access for trncks and service vehicles. Such access should insme that these vehicles gain access to the included buildings from the side or behind the buildings. Loading platfomis should not be prominent and should be shielded from the public roadway by landscape plantings.

A limit should be placed on the number and type of buildings and a 111iniimm1 distance between buildings should be established for fire safety reasons. In this regard, Ft Erie has justified 70 meters between "Class I" facilities, defined as " ... a small buslliess, selfcontained plan or building which produces or stores a product which is contallied in a package and has low probability of fugitive emissions" (Reference B).

Some consideration should be given to the tax ramifications of this type of business. Ft Erie has identified potential taxation issues iii that town. Accordllig to the pape1work accompanying that town's Janumy 20, 2014 by-law amenclment to its Official Plan, "These facilities given their ii1dustrial nature should be taxed industrially as the facility does process the product and warehouse the product for shipping. The Town will need to discuss the taxation of these facilities fiuiher with the Municipal Property Assessment" (Reference C). Because a grow operation llivolves not only the raisii1g of a product, but also its packagllig and preparation for shipment, that operation should be considered a new or expanding Co1mnercial or Industrial development and thus subject to Site Plan Control under Section 3 .4 of the City of Port Colbome Official Plan.

Because marijuana grow operations require substantial am01mts of water and fertilizer, strong consideration should be given to pre-plannllig for waste water and fe1tilizer nmoff. This is especially trne in sensitive areas which drain onto Environmental Protection Ai:eas, Natural Hazard Lands, Streams, Significant Woodlands, Enviromnental Conidorn, Fish Habitats, and Vulnerable Aquifer Areas, as described in Schedules BI, B2, and B3 of Tue City of Poti Colbome Official Plan. Significant setbacks should be established to protect these areas from potential hmm from this commercial operation.

In order to llisure that water mnoff limits are respected, establishment of a marijuana grow operation should be preceded by the submission of water samples taken at the prospective grower's expense. Standards for takii1g: samples should be llicluded, with a more strllig:ent standard for busii1esses in Vulnerable Aquifer Areas and near Fish Habitats. Such samples should be submitted to a laborato1ywhich the City of Port Colbome deems competent for that pu1pose. The written results of that initial water sample should be provided to both the City of Poli Colbome and the prospective grower. TI1e City would retalli its copy as a public record and the grower should be required to retalli its copy of that repoti for the duration of that grow operation. Follow-up samples should be required, agalli at the marijuana grower's expense, at reasonable intervals. Perhaps ammally in areas where the aquifer is al risk and less often ill other areas.

57

Appendix B

Because of the sensitive nature of the ecosystem near Lake Erie and because of the unknown health ramifications which accompany the production of medical marijuana, consideration should be given to limiting the use of herbicides and pesticides by marijuana grow operations which function within the jurisdiction of the City of Port Colborne.

Some consideration should be given to encouraging hydroponic cultivation methods for marijuana grow operations. It is my understanding that such an approach would help reduce the pollution nm-off problems associated with grow operations.

Because there have been complaints about odors associated with these grow operations (see Reference D) and because the health affects of these odors are unknown, standards should be established which deal with the need for effective filters which eliminate noxious odors. Not just reduce them, but eliminate them. Additionally, any standard set regarding odor should include a mechanism by which the offending operation can be shut clown if that standard is violated.

The security cameras required as pmt of the grow operation's security system should be required to function well enough to produce pictures which are clear enough to actually identify would-be burglars. Without requiring a standard for those cameras, the proprietors of grow operations will probably only purchase cameras of minimal capability to minimize their overhead costs.

When establishing standards for grow operations, strong consideration should be given to limiting the amom1t of light allowed to emanate from the property. One citizen in Caledon Village complained about the high pressure soditllll lights used by the grow operation in his neighborhood. In this person's estimation, the light coming from his neighbor's house was so strong that the house " ... looks like it's on fire from the road" (Reference E). Because profit is the objective of any business entity, there will be an ove1whehning temptation to increase that profit by using grow lights on a 24-hour basis. In order to protect the surrounding prope1ty owners and to reduce light pollution in the m·ea, light standards should be established which require grow operations to prevent any light sources from leaking onto smrnuncling prope1ties. Such a stat1clarcl should also deal with any security lighting which may be associated with the property.

When establishing standards for grow operations, noise pollution should also be a consideration. Electric or diesel generators should be required to be no louder than they would be in downtown Port Colbome. If security clogs are utilized for prope1ty protection, they, too, should be subject to the same noise limitations as would apply in the city.

Development in a Rural area should be consistent with the placement and rural character of the existing buildings. Exceptionally high, solid fences associated with the security provided for marijuana gi·ow operations are out of character with smrnm1cling rural fanns and private homes and this tends to have an adverse affect on sunotmcling property values. A fencing standard should be established which is consistent with the

58

Appendix B

smrouncling properties and which mitigates the adverse effect of "prison style" fencing on smrntmcling prope1iy values.

Marijuana grow operations are prohibited in buildings used as residences (Reference F). As a result, marijuana grow operations should not be penuitted near residential areas. Who your neighbor is and whether or not his prope1iy fits in with yoms, has a significant effect on property values, so significant distance requirements should be established to separate grow operations from residential areas. For this pmpose, I would suggest a separation of at least a qumier of a mile.

Possibly the best solution for location of foture marijuana grow operations would be that they should be pemutted only in the Industrial/Employment areas described in Section 3.10 of the City of Po1t Colbome Official Plan. The requirement that medical marijuana grow facilities be located indoors removes much of the impetus for their existence in Rural or Agricultural areas. Tue significant security concerns, the electric power demands, the need for water, and the imp01iance of controlling waste and nmoff all speak in favor of encomaging the location of these facilities within Industrial/Employment areas can more efficiently be addressed.

Thank you for this opporhmity to pmiicipate in this process. If you have questions or would like to contact me for any reason, I may be reached by mail at:

Margaret C. Weaver 1208 Mom1tain-Aire Way SE Olympia, WA 98503-1921 (USA)

References

A. "Growing Medical Marijuana is Big Business in Canada," Michael Comte (AFP) Feb 15,2014.

B. http://www.town.f01ierie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4E.

C. http://www.town.forterie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4G.

D. www.drngpolicycentrnl.com/bot/xmiicle/ orangeville8 624 .hhn.

E. www.drugpolicycentral.com/bot/xarticle/orangeville8624.htm.

F. http://www.hc-sc.gc.ca/dhp-mps/nmrihuana/info/ackl-supp-eng.php.

59

I •.. ~ -~

~ N

AppendixC

PLANNING & DEVELOPMENT SERVICES BUILDING DIVISION 66 Charlotte Street

POR. T COLBOR.NE Port Colborne Ontario, L3K 3CB

MEMO

TO:

FROM:

DATE:

RE:

Lindsay,

Lindsay Richardson, Community Polley Planner

Lyle Merritt, Chief Building Official

March 7, 2014

Medical Marlhuana Production Facility - Proposed Zoning By-law Amendment

I have had a chance to review the proposed zoning by-law amendment to permit "Medical Marihuana Production Facilities" within the Agricultural and Rural Zones of the City and provide the following for your consideration:

I will require a building permit under the Building Code for:

• Significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc.

• Demolition of all or part of a building • New construction

Additionally, I am concerned with the fact that there is no specific regulation stipulated by Health Canada that requires any sign off from the CBO or their designate to ensure that existing facilities that are renovated or newly created facilities do not create life and safety hazards. While I recognize that the municipality must be notified by the licensed producer, the onus of compliance will fall to the municipality.

Lyle

60

Fro111: To; Subjec.t: Date: Signed by:

Mike Bendia Undsav Richardson; Ly!e Merritt: Tom Cartwright Re - Medic-al Marihuana Production facility 03/13/2014 03:34 PM CN=Mike Bendia/O=Port_Notes

Port Colborne Fire & Emergency Services has reviewed the information provided with regards to a Zoning By-Law Review and is offering the following comments.


This amendment would coincide with the new Federal regulations which prohibits licensed marihuana grow operations from being located in dwelling units, which in the past has been a concern for the emergency services.

Should you have any questions, please feel free to contact this office.

Michael Bendia Fire Prevention Officer

61

Fro111: To: Cc: Subject: Date:

Jokntc Sonja CMTOl [email protected] Gitkow. Alexandre (MTO) Re: Re-Zoning for Medka! Marihunana Production Facility 02/27/201411:09 AM

We have completed our review of the above noted application and have no objections in principle. All proposed permanent buildings and structure!'! both above and below ground, utilities, frontage road.a and stormwater mt'lnagement facilitie5, {pondei), must be 5et back 14 metres (45 fe-et) minimum from any provincial highway property lines.

The owner shall be advieied that Ministry building/land-use 12ermits for all buildings within 46 metres (150 feet) of any of our highwa~ pro~erty lines, and a radius of 400 metres from the centre point of the intersection of any provincial HLghway and crossing roadway orl80m from the centre point of the

intersection of any provincial Highway and crossing roadway (distance depends on classification of the highway) will be required prior to any development of the site. Ministry permits must be obtained

from Mr. Alek Gitkow, Permits Officer, ('116) 235-4387, at the above captioned addreas.

If you h<1ye any ques-yions or require clarification, please contact me at the number listed above at your earlLest convenience.

Regards,

sonj a Joknic Corridor Management Planner Corridor Management Section Ministry of Transportation Central Region 7th floor, Bldg. "D" 1201 Wilson Ave Down.aview, ON, M3M lJS Tel. 416-235-3527 Fax 416-235-4267 E-mail [email protected] Web www.mto.gov.on.ca/english/engineering/management/corridor/index,html

62

Fro1n: Landrv. Denise To: Cc:

Lindsay Richardson (lindsayrichardson@oortcolbome ca) Gray. Teresa

Subject: Zoning Bylaw Amendment Medical Marihuana Grow and Production Fadlities Comments 03/12/2014 10:45 AM Date:

Hi Lindsay,

Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies. With respect to the proposed amendment, Regional staff offer the following comments:

• The draft amendment includes servicing requirements for this type of use which can include private septic, stormwater and water. If the intent is to ensure sufficient irrigation water, we suggest the sub title be changed to irrigation/ water requirements to clarify the intent.

• Although not Included in the draft zoning provisions, it is our understanding that the proposed Zoning Bylaw will amend the permitted uses within the Environmental Protection zone by removing Agricultural uses and therefore not permitting Medical Marihuana Production Facilities. Will existing agricultural uses within the Environmental Protection zone be recognized and how would a conversion to a new Medical Marihuana Grow and Production Facility be addressed within the EP zone?

I hope these comments will be of assistance to you in your review of the proposed amendment. If you could please notify us of Council's decision regarding the Zoning Bylaw Amendment for our information, it would be much appreciated.

If you have any questions, please do not hesitate to contact me by phone {extension 3593) or by e-mail [email protected]

Denise

Denise Landry, RU.RPI Planner - Policy Planning and Development Services Tel: 905 685 - 4225 ext. 3593 [email protected]

Nia. gara·· '1~,{f/{'t."L R .. e. gr' on't'&~·'/i~11 ----------------·--···

63

Appendix D

Comparison Chart of MMAR and MMPR Regulations

Current MMAR Reoulations (2001) New MMPR Reoulations (2013) Authorization to • Authorization by Health Canada • A person authorized to obtain dried Possess required by individual uses to marihuana for their own medical

possess for medical purposes; and purposes or for a person to whom they • Authorization expires in 12 months are responsible;

from the date of issue • A licensed producer; • A health care practitioner; and • A hospital

Growth/Production Personal Use Production License Licensed Producers • Details production site indoor, • Indoor production only, and not in a

outdoor or both; dwelling place; • If outdoor at all, it must not be • Subject to regulatory requirements and

adjacent to a school; inspections; • Must detail maximum number of • Inventory lists must be l<ept, chemical

plants and maximum quantity of composition testing must be done and dried marihuana; recall system must be in place;

• Dried marihuana must be kept • Must produce, package, label indoors at production site or marihuana and store it indoors on-site; residence; • Must have a designated senior person

• If production site is not applicant's in charge for overall management of residence, details must be provided; the activities and one person

• Must provide details of security responsible for supervision of the provisions; and activities on the site and must obtain

• License expires in 12 months from security clearance from the Minister for the date of issue. the licensed producer, the senior

Designated Person Production License person in charge and the person • Must provide details on location of responsible and any alternate in

dried marihuana if different from charge. If a corporation, all officers production site and the location of and directors of the corporation must the production area; have security clearance.

• Must detail maximum number of • A declaration from the senior person in plants and maximum quantity of charge stating that the notices to local dried marihuana; authorities (City, Fire, Police) have

• Must deliver to an authorised been provided. These notices will individual; include the location of the site, the

• Must package and meet specific activities and the name of the criteria; applicant. The license is specific

• Must traffic package during transit; regarding activities, the security level, and expiry of license (no later than 3 years

• License expires in 12 months from after its effective date), and only if the date of issue. applicable, the quantities of dried

marihuana and any conditions; • A quality assurance person must

assure the quality of the marihuana before it is sold and this person must have sufficient training for this role; and

• Must register clients and obtain application with medical prescription.

64

Appendix D

Sale/Distribution • Qualified individuals can grow their • Licensed producers may sell cannabis own marihuana provided they are or marihuana to another licensed licensed to produce. producer, the Minister, or a person who

has been granted an exemption; and • A licensed producer may sell dried

marihuana to a client for the producer or an individual responsible for that client who has authorisation to possess, a hospital employee, or a person who has been granted an exemption.

Other Criteria • No more than 4 licenses to produce Security Measures at any production site. • Perimeter of the site must be monitored

and recorded at all times, the perimeter must be secured by an intrusion detection system that operates at all times, the system must be monitored at all times by personnel; and

• Areas within the site where cannabis is present will have restricted access to workers and a responsible person must be present at all times with Staff and the area must be secured by an intrusion detection system and monitored by personnel.

Filtration of Air • Those areas with cannabis present

must be equipped with a system that filters the air.

Packaging • Packaging has security feature to

ensure it has not been opened once sealed;

• Not more than 30 grams of dried marihuana in the container and must contain a product label; and

• If selling to a client, must have client's information on container.

Shipping • Can ship in one shipment per order

and must track the shipment; • Cannot be opened without the seat

being opened and must prevent the escape of odour; and

• Maximum shipping to a client of a producer is 150 grams.

65

Appendix E

DRAFT ZONING BY·LAW AMENDMENT


BY·LAW NO. __ _

BEING A BY·LAW TO AMEND ZONING BY·LAW 1150197181, AS AMENDED, TO ENCORPORATE REGULATIONS FOR MEDICAL MARIHUANA PRODUCTION FACILITIES

WHEREAS By·law 1160197181, as amended, being the Comprehensive Zoning By-law for the City of Port Colborne was approved by the Ontario Municipal Board on March 19, 1984;

AND WHEREAS, subsection 34(1) of the Planning Act, R.S.O. 1990, c.P.13, (the Act), authorizes the Council of the Municipality to regulate the use of lands and the character, location and use of buildings and structures within the Municipality;

AND WHEREAS, the Council of the City of Port Colborne at its meeting of February 10, 2014 authorized Staff to initiate amendments to Zoning By-law 1150197181 that relate to medical marihuana facilities;

AND WHEREAS, Subsection 34(12) of the Act requires the Council before the passing of a by-law under this section of the Act to ensure that sufficient information is made available to the public to generally understand the zoning proposal and to hold a public meeting;

AND WHEREAS, notice of the Public Meeting was provided pursuant to Subsection 34(13) of the Act on February 27, 2014 and March 3, 2014;

AND WHEREAS, a Public Meeting pursuant to Subsection 34(12) of the Act was held on March 24, 2014;

AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend Comprehensive Zoning By-law 1150197/81, as amended;

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

1. That By-law 1150/97/84 as amended, is further amended by adding thereto in alphabetical sequence the following definitions to "Section 31':



66

Appendix E

2. That "Section 25" (Agricultural Zone) of Zoning By-law 1150197184 as amended, is hereby repealed and replaced with "Section 26" attached hereto as "Appendix 1".

3. That "Section 26" (Rural Zone) of Zoning By-law 1150197184 as amended, is hereby repealed and replaced with "Section 26" attached hereto as "Appendix 2".

4. That "Section 29" (Environmental Protection Zone) of Zoning By-law 1150197184 as amended, is hereby repealed and replaced with "Section 29" attached hereto as "Appendix 3".

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

6. The City Clerk is hereby authorized and directed to proceed with the giving notice of the passing of this by-law, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS_ DAY OF APRIL 2014


Ashley Grigg, CLERK

67

A ZONE-AGRICULTURAL

SECTION 25

25.1 SCOPE

Subject to the General Provisions of Section 4, the provisions of this Section shall apply in all Agricultural (A) Zones except as otherwise provided in Schedule "B" and "C".

25.2 USES PERMITTED

(a) Agricultural uses, and uses, buildings and structures accessory thereto including greenhouses.

(b) One single detached dwelling on one lot, and uses, buildings and structures accessory thereto accessory to an agricultural use.

(c) One single detached dwelling and uses, buildings and structures accessory thereto on each lot existing at the date of passing of this By-law.

(d) Conservation of plant and wildlife.

(e) Kennels.

(f) Farm machinery sales and service establishments.

(g) Wayside pits subject to the provisions of the Pits and Quarries Control Act.

(h) Medical Marihuana Production Facility.

25.3 ZONE REQUIREMENTS EXCEPT FOR KENNELS, FARM PRODUCE STANDS AND MEDICAL MARIHUANA PRODUCTION FACILITIES







75m

as existing or as created by consent or the Land Division Committee, except that this requirement shall not exclude an existing lot which has increase in lot area since the passing of this By-law (By-law 2176/124/88)

1 O percent, except no maximum for greenhouses

(i)

(ii)

(i) (ii)

(i) (ii)

15m for dwelling and buildings accessory thereto 30m for agricultural buildings and structures

7.5m for dwellings 23m for agricultural buildings and structures

15m for dwellings 30m for agricultural buildings and structures

68

(g) Minimum Rear Yard (i) (ii)

(h) Maximum Height for a Dwelling 11m (By-Jaw 4915/140/06)

(i) Minimum Ground Floor Area for (i) a Dwelling (By-Jaw 1374/67/83) (ii)


One Storey Two Storey

75m2 45m2

25.4 SUPPLEMENTARY SEPARATION DISTANCES FOR FARM AND NON-FARM BUILDINGS

Any permitted use in the Agricultural (A) Zone, including any building used for the containment of livestock shall only be erected, altered or remodelled in accordance with the requirements of Subsection 25.3 and 4.19, whichever is greater.

25.5 REQUIREMENTS FOR KENNELS

(a) Minimum Lot Area

(b) Minimum Lot Frontage

(c) Minimum Front Yard

(d) Minimum Side Yard

(e) Minimum Rear Yard

{f) Minimum Distance from Adjacent Dwellings


1.6ha

75m

50m or behind the front building line of the main building on the Jot, whichever is the greater

25m

30m

150m

20 percent

25.6 REQUIREMENTS FOR BUILDINGS AND STRUTURES ACCESORY TO DWELLINGS (By-Jaw 4915/140/06)

(a) Maximum Lot Coverage 1 percent provided the Jot coverage of all buildings and structures on the Jot does not exceed 10 percent (By-Jaw 4915/140/06)

(b) Minimum Side Yard and 3m except the minimum side yard abutting Minimum Read Yard street shall be 7.5m

(c) Minimum Distance from 3m Dwelling

(d) Maximum Building Height (By- 4.6m law 4915/140/06

69

25.7 REQUIREMENTS FOR FARM PRODUCE STANDS

2S.8

The provisions of Section 2S.3 related to dwellings shall apply except the maximum floor area shall be SSm2.










(i) Planting Strip

0) Outside Storage Requirements


(I) Parking


7Sm


(i) Lots less than Sha 30 percent (Ii) Lots Sha to 1 Oha 10 percent (iii) Lots greater than 1 Oha S percent

30m

15m

30m

30m

1som

Where a lot line of a lot containing a Medical Marihuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.Sm, measured perpendicularly to said lot line.

Outside storage of goods, materials or other supplies is not permitted.




70

RU ZONE- RURAL

SECTION 26

26.1 SCOPE

Appendix 2

Subject to the General Provisions of Section 4, the provisions of this Section shall apply in all Rural (RU) Zones except as otherwise provided in Schedule "B" and "C".

26.2 USES PERMITIED



(c) One single detached dwelling and uses, buildings and structures accessory thereto.


(e) Farm machinery sales and service establishments.

(f) Medical Marihuana Production Facility.

26.3 ZONE REQUIREMENTS EXCEPT FOR FARM PRODUCE STANDS AND MEDICAL MARIHUANA PRODUCTION FACILITIES








45m

The lesser of 0.4ha or as existing at the date of passing of this By-law, except that this requirement shall not exclude an existing lot which has increased in lot area since the passing of this By-law (By-law 2176/124/88)

10 percent, except no maximum for greenhouses

(i)

(ii)

(i) (ii)

(i) (ii)

(i) (ii)


7.5m for dwellings 30m for agricultural buildings and structures

15m for dwellings 30m for agricultural buildings and structures 15m for dwellings 30m for agricultural buildings and structures

72

(h) Maximum Height for a Dwelling Bm (By-law 4915/140/06)

(i) Minimum Ground Floor Area for (i) a Dwelling (By-law 1374/67/83) (ii)

Appendix 2

One Storey 75m2 Two Storey 45m2


Any permitted use in the Rural (RU) Zone, including any building used for the containment of livestock shall only be erected, altered or remodelled in accordance with the requirements of Subsection 26.3 and 4.19, whichever is greater.

26.5 REQUIREMENTS FOR BUILDINGS AND STRUTURES ACCESORY TO DWELLINGS (By-law 4915/140/06)

(a) Maximum Lot Coverage

(b) Minimum Side Yard and Minimum Read Yard

(c) Minimum Distance from Dwelling

1 percent provided the Jot coverage of all buildings and structures on the lot does not exceed 10 percent (By-law 4915/140/06)

3m except the minimum side yard abutting street shall be 7.5m

3m



The provisions of Section 26.3 related to dwellings shall apply except the maximum floor area shall be 55m2.

26.7 REQUIREMENTS FOR MEDICAL MARIHUANA PRODUCTION FACILITES

(a) Minimum Lot Frontage 75m




(e) Minimum interior Side Yard





(i) (ii) (iii)

30m

15m

30m

30m

150m

Lots less than 5ha Lots 5ha to 1 Oha Lots greater than 1 Oha

30 percent 10 percent 5 percent

73

Appendix 2

(i) Planting Strip Where a lot line of a lot containing a Medical Marihuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.Sm, measured perpendicularly to said lot line.

U) Outside Storage Requirements Outside storage of goods, materials or other supplies is not permitted.

(k) Visible Nighttime Lighting Where a building or structure consists of more than 40% glass and where artificial lighting is required an opaque fence shall be provided and maintained adjacent to every portion of any lot line that abuts Sensitive Land use.

(I) Parking 1 parking space for every employee on the largest shift.

(m) Servicing Requirements Servicing for the facility shall be designed by a Qualified Professional, identifying the source of irrigation water, water quantities required and the effects of same on the groundwater table and nearby wells.

74

EP ZONE - ENVIRONMENTAL PROTECTION

SECTION 29

29.1 SCOPE

Appendix 3

Subject to the General Provisions of Section 4, the provisions of this Section shall apply in all Environmental Protection (EP) Zones except as otherwise provided in Schedule "B".

29.2 USES PERMITTED

(a) Dwellings existing at the date of the passing of this By-law and enlarged thereof and uses, buildings and structure accessory thereto.

(b) Parks, playgrounds, tennis courts, lawn bowling greens, outdoor natural rinks, athletic fields, golf courses, picnic areas and boat launching ramps, boat houses and docking facilities, together with necessary accessory structures, saving and excepting human habitation.

(c) Control structures to prevent flooding and/or erosion by water on wind.

29.3 ZONE REQUIREMENTS

{a) Minimum Lot Frontage



{d) Minimum Side Yard

{g) Minimum Rear Yard

as existing or as created by the Land Division Committee, except that this requirement shall not exclude an existing lot which has increased in lot frontage since the passing of this By-law (By-Jaw 2176/124/88)

as existing or as created by the Land Division Committee, except that this requirement shall not exclude an existing lot which has increased in lot area since the passing of this By-Jaw (21761124/88)

15m

7m

(i)

(ii)

7m, except the minimum rear yard along Lake Erie, shall be 30m from the 1-in-100 year flood line as determined by the Niagara Peninsula Conservation Authority (By-law 2411147/08) No minimum for boat houses and docking facilities

29.4 REQUIREMENTS FOR CONTROL STRUCTURES

(a) All Yards and Other Provisions no municipal requirements except for compliance with the regulations of the appropriate Federal and Provincial Government agencies

75

Appendix F

Medical Marihuana - Ministerial Response to Town Hall Meeting Questions Briefing with Health Canada

1. Concerns were raised regarding the quality of marihuana and price control.

Response: • The quality of a person's experience with medical marihuana is not something the government worries

about. • However, all growers operate under certain controls. They are basically one step down from pharmaceutical

operations. • Regulations are explicit in requiring testing for residue, heavy metals, strength.

2. Variations- will there be commercial growers who will cater to specialized strains? Ex) no chemical used. Will these be available at an affordable cost?

Response:

• Even with only eight licenses granted so far, the government feels there is a good variety of product available. Growers have been trying out different levels of active ingredients.

• Some growers are working on becoming entirely chemical-free in their production. • The price range is currently $5-$12 per gram. Some growers are also offering discounts for people with

low income, so there is some medical marihuana available for $3 per gram.

3. Will the criminal community get involved In commercial organizations?

Response: • All people involved in an operation (ie. anyone who will be in contact with the product) must be

screened by law enforcement prior to the license being granted. • Moving forward, the government is working on a risk-based inspection system for all producers, where

facilities that have risk factors will be subject to additional inspection. • Producers will also be required to provide detailed data to the government on a regular basis (ex. re:

inventory, transport), limiting the opportunities for corruption.

4. Will there be a shortage after the transition period before commercial growers are fully operational?

Response: • The government is currently not concerned about there being a shortage of product. • People who have received licenses so far are ramping up production. • The government is also currently reviewing at 500 applications for licenses, so there will be a fair bit of

competition. • They acknowledge that it will be hard to predict how people will behave immediately following the end

of the old system. • However, the government will receive and verify monthly inventory reports from all producers, so the

government feels it will be able to identify and address any shortage early on. • Malcolm emphasized the need for a contingency plan to deal with a shortage. They said they are looking

at a couple of contingency options, but are largely relying on the private sector to take over on April 1''·

76

Appendix F

5. Are the operations designated as agrlcultural/commerclal/lndustrlal?

Response: • Different municipalities are approaching zoning in different ways. Some are zoning establishments as

commercial, some as industrial, etc. • Health Canada's biggest concern on this is dealing with any residential issues. • Applicants must inform municipalities, fire and police when they apply for a license, and again when that

license is granted. The municipality then has the opportunity to deal with any zoning issues.

6. How many patients can these commercial growers supply?

Response: • Commercial growers can serve tens of thousands of people. This is the case for the even the small

number who have been licensed so far.

7. Logistics- parking/delivery/trucks. There is a concern regarding these because of rural road safety.

Response: • Transportation is the responsibility of the seller, including the responsibility for safe delivery. • Sellers must record all transactions, including transport Information. • Medical marihuana is under the same regulations as narcotics under the Controlled Substances Act.

• Any loss or theft must be immediately reported to the police and to Health Canada.

8. Will be there be a minimum that commercial growers need to produce?

Response: • There is no minimum listed in the regulations. • Each license includes a specification of how much the licensee can grow, and Health Canada ensures

that they have sufficient storage capacity for this amount.

9. How much infrastructure needs to be In place before you can apply for a license?

Response: • No infrastructure must be in place in order to apply for a license. • The completeness of the application will impact how long licensing takes.

• A license is specific to a corporation and the establishment site. Any new owners or a new board of directors will need to be screened by law enforcement in order to take over an existing license.

10. How many licenses will be Issued in total? Is there a cap per province or region?

Response: • There are no limits on the number of licenses that can be issued, and no caps per province or region. • Based on the applications received so far, Ontario looks like it will be the centre of operations. • All granted licenses will be listed on Health Canada's website.

77

Appendix F

11. Will these commercial operations affect the water table?

Response: • No. Operations are subject to federal, provincial and local environmental standards and must meet all of

these regulations in order to obtain a license.

12. How can the smell be controlled?

Response: • The regulations are explicit that licensees must achieve 100% capture of smell and pollen. • The regulations do not specify how this must be achieved, so licensees are using a variety of

technologies for this purpose.

13. Are there government grants available for commercial growers?

Response: • Health Canada does not provide any grants, and the officials were not aware of any government grants

available to commercial growers.

14. Wiii medical marihuana be taxed?

Response:

• Health Canada needs to get back to us on this. The officials we spoke to had received conflicting answers, and so further clarification is needed.

78

AppendixB

PLANNING & DEVELOPMENT SERVICES BUILDING DIVISION 66 Charlotte Street Port Colborne Ontario, L3K 3C8 PORT COLBORNE

MEMO

TO:

FROM:

DATE:

RE:

Lindsay,

Lindsay Richardson, Community Policy Planner

Lyle Merritt, Chief Building Official

March 7, 2014

Medical Marihuana Production Facility - Proposed Zoning By-law Amendment

I have had a chance to review the proposed zoning by-law amendment to permit "Medical Marihuana Production Facilities" within the Agricultural and Rural Zones of the City and provide the following for your consideration:

I will require a building permit under the Building Code for:

• Significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc.

• Demolition of all or part of a building • New construction

Additionally, I am concerned with the fact that there is no specific regulation stipulated by Health Canada that requires any sign off from the CBO or their designate to ensure that existing facilities that are renovated or newly created facilities do not create life and safety hazards. While I recognize that the municipality must be notified by the licensed producer, the onus of compliance will fall to the municipality.

Lyle

79

Fro1n: Mike. Bendla To: Lindsay Richardson: Lyle Merritt; Tom Cartwright Subject: Re ~ Medical Marihuana Production Facility Date: 03/13/2014 03:34 PM Signed by: CN=Mike Bendia/O=Port_Notes

Port Colborne Fire & Emergency Services has reviewed the information provided with regards to a Zoning By-Law Review and is offering the following comments.


This amendment would coincide with the new Federal regulations which prohibits licensed marihuana grow operations from being located in dwelling units, which in the past has been a concern for the emergency services.

Should you have any questions, please feel free to contact this office.

Michael Bendia Fire Prevention Officer

80

Froni: To: Cc: Subject: Date:

Joknic Sonla CMTO) [email protected] Gitkow. Alexandre (MTO) Re: Re-Zoning for Medical Marihunana Production Fadlity 02/27/2014 11:119 AM

We have completed our review of the above noted application and h<!!ve no objections in r,•rinciple, All proposed permanent building" and structures both above and below ground, utilitiee, frontage roads and stormwater management facilities, (pond.,), must be set back 14 metres (45 feet) minimum from any provincial highway property lines.

The owner shall be advised that Miniatry building/land-use permit.!l for all buildings within 46 metre5 (150 feet) of any of our high1'la¥ prol?erty lines, and a radius of 400 metres from the centre point of the inter.,:J;1ction of any provincial Highway and crosaing roadway or180m from the centre iroint of the

intersection of any provincial Highway and crossing roadway (distance depends on cla.!l.!lification of the highway) will be required prior to any development of the eite. Ministry permits must be obtained

from Mr, Alek Gitkow, Permits Officer, (IJ16) 23S-IJ387, at the above captioned acldresei.

If yc•U have any question:i or require clarification, please contact me at the number liate-d above at your earlie.,:t convenience,

Regards,

Sonja Joknic Corridor Management Planner Corridor Management section Ministry of Tran:iportation Central Region 7th floor, Bldg. "D" 1201 Wilson Ave Downsview, ON, M3M 1J8 Tel. IJ16-235-35Z1 Fax 416-235-4267 E-mail [email protected] Web www.mto.gov.on.ca/english/engineering/management/corridor/index.html

81

Fro1n: Landrv. Denise To: Cc:

Lindsay Richardson [email protected])

Gray. Teresa

Subject: Zoning Bylaw Amendment Medical Marihuana Grow and Production Facilities Comments 03/12/2014111:45 AM Date:

Hi Lindsay,

Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies. With respect to the proposed amendment, Regional staff offer the following comments:

• The draft amendment includes servicing requirements for this type of use which can include private septic, stormwater and water. If the intent is to ensure sufficient irrigation water, we suggest the sub title be changed to irrigation/ water requirements to clarify the intent.

• Although not included in the draft zoning provisions, it is our understanding that the proposed Zoning Bylaw will amend the permitted uses within the Environmental Protection zone by removing Agricultural uses and therefore not permitting Medical Marihuana Production Facilities. Will existing agricultural uses within the Environmental Protection zone be recognized and how would a conversion to a new Medical Marihuana Grow and Production Facility be addressed within the EP zone?

I hope these comments will be of assistance to you in your review of the proposed amendment. If you could please notify us of Council's decision regarding the Zoning Bylaw Amendment for our information, it would be much appreciated.

If you have any questions, please do not hesitate to contact me by phone (extension 3593) or by e-mail [email protected]

Denise

Denise Landry, B.U.RPI Planner - Policy

Planning and Development Services Tel: 905 685 - 4225 ext. 3593 [email protected] -·----- . '"'1' '-il!"L _Nia~ar~'i~'li~/-~egi_on_

82

" \~. . · • Distroct School Board 01 Ni~gara .. •··· Achieving Success Together Cfl

0 191 Carlton Slroot, St. Catharlnes, Ontario L2R 7r~ (905) G4H550 Fax: (905Hl81i-8511

Lindsay Richardson Community/Policy Planner City of Port Colborne 66 Charlotte Street Port Colborne, ON L3K 6C8

Dear Ms. Richardson:

•·,

RECEIVED

MAR Z 7 2014

PLANNIN~ & DEVELOPMENT SERVICES DEPT.

March 19, 2014

RE: Proposed Zoning By-law Amendment - Medical Marihauna Production Facility

Thank you for circulating the District School Board of Niagara (DSBN) the above noted proposed zoning by-law amendment which proposes to include zone regulations Medical Marihauna Production Facilities (MMPF) within the City of Port Colborne. The Board understands that the by-law amendment will add a definition of a "Medical Marihauna Production Facility", permit the use In the Agricultural and Rural Zone, and Include accompanying regulations such as minimum separation distances, yard setbacks, the prevention of outdoor storage, etc.

DSBN Planning Staff has completed its review of the proposed zoning by-law amendment as outlined in your correspondence. The DSBN's primary interest would be to ensure adequate separation distance from any proposed MMPF and DSBN school sites. At this time, the DSBN does not currently have schools located in the City's agricultural and/or rural areas. Regardless, we fully support the Inclusion of by-law requirements for a minimum 150 metre separation distance between a MMPF use and nearby sensitive (i.e. school) uses. One area that.would benefit from additional clarification Is whether the separation distance is lo existing sensitive uses or vacant lands zoned for sensitive uses, or both, and If the separation distance is measured from lot Hne to lot line, building to lot line, or building to building. Clarifying language would be helpful in this regard.

The rationale for the separation distance is presumed to be related to minimizing the potential for noise, odour, or dust associated with the MMPF operation to impact nearby sensitive uses. Board staff does not have the expertise to understand how MMPF's operate or are regulated and, therefore, do not know how "intense" the operations are in terms of potential i;imissions impacts. If the Ministry of Environment 06 Guidelines is considered the potential influence area could be up to 300 metres (Class II industrial facility) or 1000 metres (i.e. a Class Ill industrial facility). Therefore, Board staff suggest that the City consider if the inclusion of a requirement (If determined necessary) for an emissions study is appropriate.

Lastly, will MMPFs be subject to site plan control? The Information circulated did not indicate whether or not site plan control would apply to MMPFs. DSBN staff would support the use of site plan control for MMPFs.

83

II District School Board oJ Niagara . Achieving Success Together 191 Carlton Street, SL Catharines, Onlario l.2R 7P4 (906) G41-1550 Fax: (905) 685-8511

In conclusion, Board staff is supportive of the City's development of zone regulations for the regulation of MMPFs subject to the above comments. We would appreciate being kept informed of th ls by-law amendment process and any future proposed MMPF facilities within the City of Port Colborne.

If you require anything further from DSBN staff please feel free to contact me at 905-641 -2929, ext. 54225.

~ Sue Mabee, MCIP, RPP Supervisor of Planning

84

NIAGARA SOUTH FEDERATION OF AGRICULTURE

as --·- 'ft,:l!!I::, 7. ; . 11568 Hwy. 3, Wolnflcet, On., LOSlVO, 905-899-1951Fax899-6059 ][email protected]

March 24, 2014.

Port Colborne Council 66 Charlotte Street Port Colborne

Ontario L31< 3C8 Fax: 905-834-5746

Re: Propose<! Zoning Amcndn1cnt Medical Marihunana Production l!'acility

Dc,ar Council,

Appendix C

The Niagara South Fedcrntion of Agriculture represents and serves the farmers of Niagara Soi1th. We are affiliated with the Ontario Federation of Agriculture the largest and most effective general farm ot·ganization in Ontario. Many of our Mem hers farm in Port Colbotnc.

We would respectfully remind Council that agriculture has more than u 2.4 billion dollar economic impact on Niagara Region's economy.

Our Federation is extremely concerned about the prnposal Lo remove agricult111·e from the cnvirnnmental protection zone. Much of the farmland in Port Colborne is relatively flat and can be a challenge to drain. Low lying land and lands that might be considered marshlnnd are successfully and productively being farmed. It is likely that some of these lands may be in the environmental protection zone or that the Jand.s could be designated as such in the future.

This concern seems to be shared by Regional Staff Quoting directly from the Region's conm1c11ts: •Although not included In the draft zoning provisions, It Is oor understanding that the proposed Zoning Bylaw will amend the permitted uses within the Environmental Protection zone by removing Agricultural uses and t/1erefore not permitting Medical Marihuana Production Facilities. Will existing egr!cultural uses within the Environmental Protection zone be recognized and how would a conversion to a new Medical Marihoana Grow and Production Facllity be addressed within tl1e EP zone?"

Reg ion al staff would not have asked this question unless they were aware that agriculture currently takes place in the environmental protec1ion zone.

The proposal to remove agriculture from a permltti:id use In the environmental protection zone Is unnecessary and unreasonable and has nothing to do with the proposed amendment regarding Medical Marijauna Production Facllltles.

The Niagara South Federation of Agriculture recommends that agriculture nm be removed as permitted use In the environmental protection zone as proposed by Staff. Yours truly, Joe Schonberger, President Niagara South Federation of Agriculture

85

Cc: Mark Wales, President, Ontario Federation of Agriculture Henry Swierenga, OFA Member Services Peter Jeffery, Senior OFA Researcher Denise Landry, Niagara Region

86

MARIZ S. DWOR BARRISTER & SOLICITOR

NOTARY PUDLIC / 'T'RADEMARK AGENT

Suite 720" 999 West Broadway Vancouver, British Columbia, Canada VSZ !KS

'l'lll.lll'HON~: (604) 662"3908 PAX: (604) 662"3571 ll-Mi\IL: [email protected]

March 241h, 2014

RE: Proposed Zoning By-Law Amendrnent- l\1cdical Marihinna Production Facility

I write as a co-Executor on the Estate of my mother, Libby Dwor. She died in J anua:ry 2013. The property at 2 6 8 5 Vi my Road has been owned by my parents for over 70 years. There are still people alive who remember attending a party at the Vimy Road property to celebrate my birth about 67 years ago.

The propetfy is not solely a seasonal residence, there has been and continues to be year-Jong habitation there for over 30 consecutive years. ·

I finally received the bundle of documents including the nine page Report 2014-20 prepared by the Department of Planning & Development on l\1arch 21, 2014; that is 3 days ago. On that same day the Federal Court of Canada (the Allard case) granted an injunction against one of the underpinnings of the new medical marijuana law, basically that those presently growing their own supply can continue to do so. This matter will remain legally unresolved for the foreseeable future.

Regardless, I deal with the report as best I can. It is a typical bureaucratic report. Not particularly illuminating and tightly blinkered. For example, it is unclear on the face of the document ifit deals only with the hypothetical notion of amending a local zoning By-Law or rather specifically dealing with an unidentified property.

Everyone seems to know where the prope1iy is - was it inconvenient to n1ention that address?

I quote, however, from the Report itself on page 6:


87

Lei/er re Proposed Zoning Hy-Law Amendmenl- Medical Marijuana Producl/011 Foci/if)• March 24'1', 21114

Page 2

I do not believe this facility is appropriately located to mitigate potential impact.

I have no interest, nor does my mother's Estate, in the general notion of these facilities; there is however, a legally identifiable interest in the location of a facility a few hundred metres from the family property.

Marijuana is an illegal substance and as such is the centre of an enormous, polluting, profitable ruthless criminal enterprise qfmanufocturing, distribution and sales. G,row-ops, small and hu·ge, across the country are subject to gun battles and booby traps and violence continuously, for the same reason that bank robbers hold up banks, because that's where the money is.

Why <myone would place a continuous tempting target for criminal activity across from a Boy Scout facility and a few hundred metres away from a very busy public park is incomprehensible.

There is no patina of social value to any of the new medical marijuana facilities; the people who use medical marijuana were just granted an injunction to prevent the "prohibition" part of the law from taking effect. The law is a bureaucratic answer to deal with a difficult problem combined with the shifting accountability issue of making the industry profit driven. The facilities are no different than any other entrepreneurial commercial enterprise.

If any other commercial enterprise with a need for extensive security protection and huge water needs approached the City for a location, a reasonable assumption would be that it would be directed to a commercial zone that already has good fire

. and water and security potential, not some quaint backwater road on an aging septic system and open ditches.

There is no need to grow marijuana in greenhouses. The biggest single grow-up in Canadian history was shut down by the police in Barrie, in 2010. It was in a disused M.olson brewery. At least they had good plumbing!!

It may be more convenient to have a greenhouse, or more profitable to have a greenhouse, but so what? Good public policy does not favour commercial convenience over public safety or environmental concerns.

You would not locate .any other phannaceutical or chemical company or distillery or brewery near Cedar Bay, or Lorraine. Why in the world is this facility, with all of its extra added real problems treated differently?

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Leifer re Proposed Zoning fly-Law Amendmem- Medical Mc11•/juana Producllan Facility Marc/I 24'", 2014

Page 3

Finally, J must deal with the glib acronym, "NIMBY" - "Not In My Back Yard". In this case, the back yard part is literally true. Usually when the NIMBY argument ls raised, it is a two-part red-herdng, firstly to allow the listener to ignore the argument as being somehow against some part of the common good, such as placing a home for addicted adolescents, or secondly, an assumption that there is something inherently wrong in wanting to preserve family and property values,

There is nothing inherently wroog with protecting property values and family values - this \s reflected in zoning By-Laws. There is no common good in a commercial enterprise making an inherently dangerous illegal substance in a totnlly inappropriate location.

Your very truly,

Marks. Dwor

89

Fro111: lo:

Cc:

Subject: Date: Attach1nents:

Sheila and Donnie Edwards Dan Aquilina; Lindsay Richardson: Ron Bodner; Heather Mahon; Bill Steele; David Barrick: Dave Elliott: Frank Danchj Barbara Butters; Angie Desmarais; Bea Kenny: Yvon Doucet: Vance Badawey

John Reg;ler· Frank & Marnaret Scott· Cathy & Jjm Kalyrniik; pat I eckje; Drew Be!!; Jjm I eckje: ~ Zanaretto; pmJ!joe Be:;s!er; SJ1san Schroeder· Rosalyn Hatch; Kerrv & [Xmna fal!oa; I estev Kdeoer; Lfililll... A770pardi' Nancv and Kevin Mjsener; Rjck & Shilmn Spjece; Colleen Jqsek; Bob and Cherie Aqchanan; .Tum_ Schroeder; Rick HoHday· Charles Groqm; C..ary Dingman

Commercial Grow Op Amendments 03/31/2014 07:13 AM Ry! aw Amendment docx

Greeting Councillors

Donnie and I as well as our neighbors have voiced our concerns regarding the grow op in our neighborhood. Please feel free to read the attached article by the CBC which states: "Some communities, such as the B.C. cities of Abbotsford and Langley, have moved to ban medical marijuana production altogether." http· lft.co/wad6Whzsxu According to this article you do have a choice as the precedence for saying NO has been set by these communities. Until now you may have felt as though your hands were tied however, it appears that other cities have dealt with the legalese of this issue.

Also please read the following article http:llt.co/reMdcDrxAk that states, "So if Niagara-on-the-Lake wants to dictate, as an example, how far from a residential neighbourhood greenhouses growing marijuana can be located, they

can accomplish that through zoning.

"That's my understanding," MP Rob Nicholson said, adding that if be or his office can help Town staff work through the legislation, their assistance is available."

Obviously Port Colborne can say NO to commercial medical marijuana grow ops in residential areas. At the least please ensure that these commercial entities are only found in Port Colborne's industrial areas far away from children's learning activities, nature and residential areas.

Please find attached a copy of the draft amendments put forward to City Council for the April 14th meeting from a group of concerned neighbors.

Regards Donnie and Sheila Edwards and our Firelane 2 Group

90

Frank Scott 394 Pinecrest Road

.... ---,~~~ RECEIVED

MAR 2 1 2014

PLANNING & DEVELOPMENT SERVICES DEPT.

~--...,..l>h'~~

Port Colborne, ON L3K 5V3 . :·:· ·.

Contact info: 905-835-2055; fscoJt1,;t'[email protected] f'A-C:~ J._..J-'rrc.c.. i::>. AG../,;(t-ttW4,

March 17, 2014 """'· ;;;.. • ,AC-S' l.,./

Proposed zoning By-Law Amendment Medical Marijuana Production Facility

Zoning By-Law Amendment Input

1. Processing Facility-Confined to Industrial or Commercial zoned land 2. Growing Facility:-

a. Setbacks I. 300 metres from nearest off-property residence Ii. 100 metres from all permanent residences on the property Iii. No children under the age of majority should reside in the property residences iv. No mobile l!Vlng residences on the property. If mobile living residences are

permitted then 100 metre setback should apply v. 100 metres from closest municipal roadway vi. 1000 metres from closest public park, school, church, private parkland or farm

lands with animals. b. Property Amenities

I. Employee parking should be paved to city standards and meet city ratio standards(# of employees to ~.arking provision)

Ii. customer parking should be paved to city standards and meet city ratio standards

Ill. On street parking should not be permitted iv. Drainage from all paved areas should meet city standards v. Lighting for all paved areas should meet city standards vi. Off street loading should be provided for all commercial vehicles (in excess of six

wheels). vii. Commercial vehicle access from municipal roadways should meet city

standards. viii. Proper (safe) turnaround area should be provided for all commercial vehicles

3. Environment I. Noise emission should not exceed city/provincial/federal standards II. Air quality emission should not exceed city/provincial/federal standards Iii. Odor emission should not exceed city/provincial/federal standards iv. Water should be city supplied. If not city supplied, controls should be In place so

as not to impact local residential or commercial supply v. Water runoff must be properly treated through the city sewer system. If not,

then the drainage, flow rate and destination should meet city/provincial standards

vi. Holding ponds for water runoff not on the city sewer system should meet city standards

4. The city should seek and i:onsider expert advice as to the Impact on natural resources in the immediate area {wetlands, animals, birds/insects and their migration, etc.)

1

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5. Residential area - Neighbourhood peace and comfort should not be interfered with by noise, lighting, traffic, etc. Holirs of operation restrictions should be considered.

6. Security a. Tho facility must meet the Niagara Police Service standard b. The facility should be alarmed and monitored by a central station.

7. Fire Protection a. The facility should be sprinklered b. Facility should be alarmed and monitored by a central station c. Facility should adhere to city/provincial fire codes

8. Employee safety a. Provincial Ministry of Labour regulations must be adhered to (ie Safety Committee,

evacuation plan, etc) b. Heavy equipment training, c. Safety precautions in place regarding product emissions.

City Supplied Services Considerations

1. Are area roads sufficient to handle the type of and volume ofvehlcles to service the facility? 2. Is proper street lighting In place for safe residential passage? 3. Can EMS (Fire, Ambulance, Police) access the property and facility safely and In a timely manner

In case of an emergency? 4. Water supply? 5. Water drainage?

2.

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Fron1: To: Cc:

Subject: Date:

Charles Groom [email protected]: [email protected]: [email protected] '· Dan Aquilina'; 'Lindsay Richardson': 'Ron Bodner': 'Heather Mahon'j 'Bill Steele'; 'David Barrick': 'Dave ...E.J.liQtr; 'Frank Qanch'; 'Barbara Bqtters'; 'Angje Desmarajs'; 'Bea Kenny'; 'Yvon Qrn1cet'; Yance Aadawey'j 'Cc· John Re$jler': 'Frank & Mamaret Scgtfj 'Oitby Fi Jjm Kalyrn1jk'; 'Pat I eckje'; 'Drew Re!!'· 'Jjm l eckje'; 'Peggy Zanaretto'; 'pauljne Reys!er'; 'Spsan Schroeder'; 'Rosalyn Hatch'; 'Kerry & Qonna Fql!on'j 'I esley Krjeger'· 'I aura Avonardj': 'Nancy and Kevin Misener'; 'Rick & Shamn Spiece'; 'Co!!een Jasek'i 'Rob and Cherie Buchanan'· 'Jorn Schnieder'; 'Rick Holiday'; 'Charles Gmom'; 'Garv Dingman'

Proposed Pinecrest Medicinal Marijuana Grow Operation 03/31/2014 05:52 PM

Attachn1ents: Why put It Here dog

Thoughts on Proposed Marijuana Grow Operation on Pinecrest Road in Port Col borne, Ontario for

your consideration

This email is free from viruses and malware because avast I Antivirns protection is

active.

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Why Put It Here?

I was just reading the updated results of the Sun Media poll of whether people agreed or disagreed with

"a commercial marijuana grow operation being run in Port Col borne." As of mid afternoon on Monday,

May 31, 2014, there are 565 people, who agree with the operation and 415, who disagree. I wonder

how many people would be agreeing with the question, if it was stated as follows: "Do you agree with a

commercial marijuana grow operation being run in your back yard?" Or across the street from your

house? Or next door to where you live? Or down the road from an outdoor learning centre? Or around

the corner from a public park in your neighbourhood? Those are the questions that residents of the Pine

Crest Road area of Port Colborne are asking themselves. They have asked their Member of Parliament.

They have asked their town council. They are sending letters to the Minister of Health, Rona Ambrose

asking these questions. Wouldn't you?

Why would anyone agree to put a medicinal marijuana grow operation adjacent to a large residential

area, near the shores of Lake Erie, beside a protected wetland area and a stream that is part of a water

shed for much of the southern part of the Niagara Peninsula? Why would anyone agree to this

placement near one of the few public access beach facilities in the peninsula? Why would a grow

operation find a home down the road from a Scout Camp and a stone's throw from one of the oldest

cemeteries in the area.

The Pine Crest area is an ecological wonder that should be protected. The jack pines and red oak trees

growing on sand dunes are last remnants of forests that once covered the northeastern shore of Lake

Erie. The area boasts natural ferns and trilliums. This forested area rides the sand dunes from Marcie's

Wood in Crystal Beach down to Lorraine Road near Whisky Run Golf Club. It has been designated a

protected area because of an endangered species, known as Fowler's Toad. Why does it appear to be

easier to get the go ahead to construct a grow operation, than it is to get a permit to build a deck in

certain areas of the Lake Erie beach and shore areas.

The area was publicized just last year for the Bald Eagles, that have nested just down the road. I wonder

if the lights that burn all night, the smell of skunk from harvesting every eight weeks or the rumbling of

exhaust fans, will cause these famous and rare to our area symbols of freedom to sell their home at a

deflated rate and move out. One of the current human residents of the area has done this and others

can see few other options, if this operation is approved.

It appears that the federal Minister of Health, Rona Ambrose will sign the license. It appears that part of

the Pine Crest area is zoned agricultural and part is zoned residential. That would be the part that pays

the big property taxes. The agricultural zone will house the grow operation. I have been told that it is the

region, that must approve zoning changes, which is difficult. Yet when a strip club wanted to open in

Port Colborne, the zoning for the proposed area was suddenly changed to make it impossible for the

club to open. I guess a medicinal marijuana grow operation is less offensive than a strip club but perhaps

it is also more profitable in the whole scheme of political land use planning and taxes.

In Niagara, there are many agriculturally zoned areas that have been rezoned residential, parts of

Fonthill and Niagara-on-the Lake for example. Yet we have been told that this can't be done. The other

94

alternative Is to mandate that the placement of the grow operation must be in an industrial/commercial zoned area. With the number of closed buildings and unused Industrial parl< developments, I find it hard to believe that this operntion would not find a better home in one of these areas. Particularly, since It would seem they have plans to expand and rebuild the operation anyway, on the acreage they hold on Pinecrest Road. If you have to move and rebuild anyway, why not move to and rebuild In an area better suited to this operation.

The residents of Pine Crest, continue to ask our town counsel for help. We asl< the Regional Municipality of Niagara to assist us with Information, that Is apparently protected under privacy Jeglslatlon. We also ask the region to reassess the agricultural zoning of thls area, if that Is your area of responslblllty. We ask our Member of Parliament to stand up for us. We ask the Minister of Health, Rona Ambrose to reject this application. We ask you, our Niagara neighbours to help. To voice your opinion. Vote no, to that poll. Let someone know that you don't want a medicinal marijuana grow operation In your backyard, on your street or In your neighbourhood. It could happen to you, lf It can happen to us.

Please, build it somewhere other than In my backyard or in anyone else's.

95

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96

Objection To Passing Zoning By-Law Amendment Medical Mmijllana Facility

City of Port Colborne Council

C/O Ash! cy Grigg City Clerk 66 Charlotte St. Port Colbornc, ON

As per Council meeting, March 24, 2014, there was no clear description of zoning By-Law Amendment and what it involved. Residents were not informed about a large commercial expansion of existing private medical marljuana facility until the end of the meeting, and at such time, no frnihcr questions were allowed, We had 110 chance to ask many important questions. We now know this zoning by-law amendment medical marijuana production facility is a precursor to a large comniercial medical marijuana growing facility to be an extension of the private existing facility.

First and foremost, we have major concerns on how such a facility could impact the health of residents. We have concerns on how such a facility would adversely afl:'ect abutting Carolinian Forest Strip, native plants mid wildlife; including endangered species.

We feel all lm1downers abutting this facility should have had pe1iinent information forwnrded by the City of Port Colborne prior to (be meeting on March 24, 2014. We feel Muilcboom Organics Inc. should have infonned all residents of their plans and proposals for expansion. We are cerlai11ly disappointed that this whole process has been handled in such a secretive fashion. Firelane 2 and 3 and southern portions of Pinecrest Road are zoned Residential/Lakeshore Residential and are some of the nicest properties in Port Colborne. Some residents have been here more than 50 years and have enjoyed the solitude of this quaint location. This new facility would drastically affect the lifestyles of residents and has already upset some to the point of sleepless nights and constant worry.

To change agricultural lands that abut prime Residenti1tl/Lakeshore Residential and Environmentally Protected Land to Commercial/Industrial zoning for a Medical Marijuana Facility just to suit the needs of Muileboom Organics Inc, is ludicrous. Poor plmming by Muilcboom Organics Inc. should not make the City of Pott Colbornc and residents of the neighbourhood responsible.

We should certainly acknowledge Health Canada's guidelines for Commercial Medial Marijuana Growing Facilities and start a dialogue with this department. We have strong concerns with the fact that the Province of Ontario Land Use Departments were 110t commissioned to do a complete Land Survey and Impact Report on the lands before Council votes on this Ily-Law Amendment. We were given less t11m1 3 weeks to try and gather valid information regarding this proposal mid feel this hurry up attitude of Council brings us to question if this is common or uncommon Council procedure.

We have so many unanswered questi(}ns and very little information about the proposed expansion by Mllileboom Organics Inc.:

I. Would there he daily heavy truck lrnfl1c in and out of this facility? 2. Would the!'c be all night high power lighting in this facility? 3. Would our wells have to be constantly tested for contamination? 4. Would we hear fans running· 24 hours a day? 97

5. Wbcn was City Council aware of the proposed expansion'/ 6. Were there any land studies pertaining ·to this facility ever done? 7. Are there other local interests who have investments or want investments in this facility? 8. Why would the City of Port Colborne designate this land for Industrial use? 9. Would our property values depreciate? 10. How nmcb money would the City of Port Col borne have to spend to make changes io

surrounding services (infrastrnct\lrc) to accomodatc this facility? 11. Arc there Government grants or subsidies available to offset some costs, and how nrnch could all

residents of Port Colborne see in higher prope1y tax assessments?

All persons who signed the attached sheet are opposed to lhe passing of Zoning By-Law Amendment Medical Marijuana Production Facility and would hope that the City of Port Colborn.e Council will think about the health and welfare of its constituents.

98

Objection To Passing :By-law Amendment Medical Marijuana Production Facility Zoning

· Name Address

99

Fro1n1 Dan Aauilina lo: Lindsay Richardson Subject: Date: 04/01/2014 09:16 AM

Dan Aquilina MCIP, RPP, CPT Director of Pfanning and Development 905-835-2901 Ext. 203 Fax: 905-835-2939 www.portcolborne.ca

"Serving You to Create an Even Better Community"

This message, including any attachments, is privileged and intended only for the person(s) named above. This material may contain confidential or personal information which may be subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. As other distribution, copying or disclosure is strictly prohibited. If you are not the intended recipient or have received this message in error, please notify us immediately by telephone, fax or email and permanently delete the original transmission from us, including any attachments, without making a copy.

-----Forwarded by Dan Aquilina/Port_Notes on 04/01/14 09:19 AM-----

To All,

From: <[email protected]> To: <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected] >, <[email protected] >,

Date: 03/31/14 05:39 PM Subject:

In my beautiful little lakeside community, located in the East end of Port Colborne, Ontario, nothing but frustration is building because of our 'Local Marijuana Grow-Op'. Due to conflicting information, it feels that I/we do not have a say in what happens here. We/I do not have a problem with these medical facilities. The problem is that it is being allowed in a residential community and it's being forced down our throats. We are to accept this? We don't have a say in this? That's wrong. We don't want it here.

These facilities belong in an Industrial location. We all know how may vacant industrial sites are out there that would be much better suited. Our wonderful City Planner states that this is 'not' a municipal matter. All other Government agencies state that it is. It feels like these various parties are on separate pages and no-one wants to take responsibility. Everyone that I have talked with wish only for the growth of our wonderful city. But at what cost? Take on as many of these industries as you can. Just keep it out of residential areas.

Colleen Jased 2334 Firelane 2

Port Colborne, On L3K 5V3 905-834-5358 100

Fro1n: To: Cc: Subject: Date:

Hi Dean,

Dan Aquilina Dean Cutting Lindsay Rlchardson Re: PC marijuana by-law 03/17/2014 08:45 AM

your email is acceptable and I will inform Council at the public meeting of your comments ...

Dan Aquilina, MCIP, RPP, CPT Director of Planning and Development 905-835-2901 Ext. 203 Fax: 905-835-2939 www.portcolborne.ca



"fl Dean Cutting ---03/10/2014 02:10:19 PM---Dan - my family has property in Port Colborne and would like to formally voice our concerns re.garc!in

From: Dean Cutting <[email protected]> To: "[email protected]" <[email protected] >, Date: 03/10/14 02:10 PM Subject: PC marijuana by-law

Dan - my family has property in Port Colborne and would like to formally voice our

concerns regarding what is being proposed. Our preference is that these facilities

do not exist in our community- but if they are going to exist that strict controls be

placed upon them.

Where would be submit an email or letter on the matter?

Thank you for your assistance.

- Dean Cutting

101

City Clerk 66 Charlotte Street

Margmet Curtiss Weaver 1208 Mountain-Aire Way SE

Olympia, WA 98503-1921 (USA)

Poti Colbome Ontario L3K 3CK

Subject: Input for Public Meeting

The following is provided for input to the Public Meeting for the Proposed Zoning Bylaw Amendment, Medical Marilrnnana Production Facility, scheduled for March 24, 2014 at 6:30 PM in the City Hall Council Chambers. Please provide this input to the appropriate authorities.

My name is Margaret Cmiiss Weaver. I am a joint owner of Lake Erie shoreline prope1iy. That property is located at 1717 Fire Lane 2 in the City of Pott Colbome. I own the property jointly with my niece, Cullen Cmiiss.

My family has owned this property since 1948. The property is located in what is known as the L01rnine Community, established in 1897. All of the properties are taxed as lakefront properties. The focus of the Lonaine Community is on the quiet enjoyment of the beaches and woodlands which run along the shoreline of Lake Erie. We love the place and intend to keep it as Jong as our finances and our health pennit.

Because of our love for Lorraine and the Port Colborne community which we consider our second home, we are quite concerned about the ramifications associated with the potential development of a medical marijuana grow operation in our neighborhood. Because of these concerns we thank the City of Port Colbome for this opportunity to have a say in the proposed zoning by-laws which relate to such facilities. Since we are summer residents, we will not be able to attend the public meeting scheduled at 6:30 pm on March 24, 2014 and this letter will constitute our input for that meeting.

The first point I would like to make is that both I and my niece are concerned that the City of Pott Colbome is not placing enough weight on the difference between the production of medical marijuana and the production of routine agricultural products that are common to our neighborhood. We are used to onions, wheat, barley, alfalfa, tomatoes, hay, you name it. We consider the farmers who own propetiies abutting ours to be our good neighbors and our friends. But the introduction of medical marijuana is an entirely different breed of cat. This product introduces into a peaceful, quiet and calm connnllllity a serious tlll'eat and that threat goes to the hea1t of the peace of mind we must have in order to enjoy our co1111mmity and our way of life.

Growing medical marijuana is not growing tomatoes. Growing marijuana is like growing highly valuable cash money then waiving it arolmd asking someone to come and take it. In our view, medical marijuana btings with it three avenues of threat. First of all, there

102

will be an ove1whehning temptation for growers to cheat on their production by pmvosely misrepresenting how much they me growing. As untaxed and unaccounted for wealth, this will prove too tempting for organized crime and clrng cartels to pass up. Secondly, the crop itself will become a target of greedy inclivicluals simply seeking to increase their personal wealth. These are not individuals who are pmiicularly interested in clrngs, but they are simply thieves. Finally, the ch11ggies who inhabit some levels of our society are well known to occasionally act immaturely, impulsively, and without sufficient forethought. On a lark, a whimsy, or out of pure desperation, these hapless souls may try to take what they want or feel they need and in the process they may miss their target and invade our homes, rather than what should have been their target. Regardless of which of these tlnee sources of threat are at work, common sense tells us that the introduction of a marijuana growing operation, medicinal or ot11e1wise, will pose an increased degree of threat to the properiy owners near these grow operations.

These are not hypothetical concerns. There have been too many attacks by ch11g dealers on one another's production facilities, and too many aclcllecl and disoriented drng users attacking persons who were or were not involved in cltugs to deny this. Because of this real concern for safety, the importance of this proposed zoning by-law amencltnent takes on additional imporiance. While the impetus for much of the Controlled Drngs and Substances Act lies beyond the reach of our City, the establishment of the standards we are to use within our own community remains in our hands. What follows is an attempt to assist you in that regard.

The number of employees who will be required in any given medical marijuana growing facility is unknown, but one developer who c1mently has 20 employees expects to acid up to 200 more (Reference A). The standards our City is developing for these facilities should recognize that number and include requirements directed toward the health, safety, and security of those employees.

There should be a requirement that there be an appropriate level of toilet facilities for those 20 to 200 employees. If the grow operation requires a septic system, a septic system standard should be set which is appropriate to the anticipated work force.

These facilities should be subject to periodic fire safety and physical security inspections to insure that the appropriate city and provincial fire codes and the security requirements of the Controlled Dmgs and Substances Act are being followed. The standards being considered should include periodic inspections to ensure that these requirements are being met. I would suggest that annual inspections by City of Po1t Colbome employees knowledgeable of the requisite fire codes of the City and the physical security requirements of the Controlled Dmgs and Substances Act would be appropriate.

Parking should be beside or behincl any stmctures, not in front of the property. Parking should be safe and adequate for the number of employees and visitors expected. If nighttime operations are conducted, parking should include lighted parking areas for employee safety reasons. The lighting should be required to be designed in a manner

103

which directs light downward and inward, not interfering with the nighttime vision of neighboring properties.

Road access standards should be included which insure safe access for trncks and service vehicles. Such access should insure that these vehicles gain access to the included buildings from the side or behind the buildings. Loading platforms should not be prominent and should be shielded from the public roadway by landscape plantings.

A lilnit should be placed on the number and type of buildings and a minimum distance between buildings should be established for fire safety reasons. In this regard, Ft Erie has justified 70 meters between "Class I" facilities, defined as" ... a small business, selfcontained plan or building which produces or stores a product which is contained in a package and has low probability of fugitive emissions" (Reference B).

Some consideration should be given to the tax ramifications of this type of business. Ft Erie has identified potential taxation issues in that town. According to the pape1work accompanying that town's Januaiy 20, 2014 by-law amendment to its Official Plan, "These facilities given their industrial nature should be taxed industrially as the facility does process the product and warehouse the product for shipping. The Town will need to discuss the taxation of these facilities fmther with the Mlmicipal Property Assessment" (Reference C). Because a giuw operation involves not only the raising of a product, but also its packaging and preparation for shipment, that operation should be considered a new or expanding Commercial or Industrial development and thus subject to Site Plan Control under Section 3 .4 of the City of Port Col borne Official Plan.

Because marijuana gi·ow operations require substantial amoimts of water and fertilizer, strong consideration should be given to pre-plmming for waste water and fertilizer nmoff. This is especially true in sensitive areas which drain onto Enviromuental Protection Areas, Natural Hazard Lands, Streams, Significant Woodlands, Environmental Conidors, Fish Habitats, and Vulnerable Aquifer Areas, as described in Schedules Bl, B2, and B3 of The City of Po1t Colbome Official Plan. Significai1t setbacks shoulcl be established to protect these areas from potential hmm from this commercial operation.

In order to insure that water nmoff limits are respected, establishment of a marijuana grow operation should be preceded by the submission of water samples taken at the prospective grower's expense. Standards for taking samples should be included, with a more stringent standard for businesses in Vulnerable Aquifer Areas and near Fish Habitats. Such samples should be submitted to a laborato1y which the City of P01i Col borne deems competent for that pmpose. The written results of that initial water san1ple should be provided to both the City of Port Colbome and the prospective grower. TI1e City would retain its copy as a public record and the gi·ower should be required to retain its copy of that repo1t for the duration of that gi·ow operation. Follow-up samples should be required, again at the marijuana gi·ower's expense, at reasonable inte1vals. Perhaps ammally in areas where the aquifer is at risk and less often in other areas.

104

Because of the sensitive nature of the ecosystem near Lake Erie and because of the unlmown health ramifications which accompany the production of medical marijuana, consideration should be given to limiting the use of herbicides and pesticides by marijuana grow operations which function within the jurisdiction of the City of Port Colborne.

Some consideration should be given to encouraging hydroponic cultivation methods for marijuana grow operations. It is my tmclerstanding that such an approach would help reduce the pollution nm-off problems associated with grow operations.

Because there have been complaints about odors associated with these grow operations (see Reference D) and because the health affects of these odors are mtlcnown, standards should be established which deal with the need for effective filters which eliminate noxious odors. Not just reduce them, but eliminate them. Additionally, any standard set regarding odor should include a mechanism by which the offending operation can be shut down if that standard is violated.

The security cameras required as pmt of the grow operation's secmity system should be required to function well enough to produce pictures which are clear enough to actually identify would-be burglars. Without requiring a standard for those cameras, the proprietors of grow operations will probably only purchase cameras of minimal capability to minin1ize their overhead costs.

When establishing stm1darcls for grow operations, strong consideration should be given to limiting the amount of light allowed to emanate from the property. One citizen in Caleclon Village complained about the high pressure sodium lights used by the grow operation in his neighborhood. hi this person's estimation, the light coming from his neighbor's house was so strong that the house " ... looks like it's on fire from the road" (Reference E). Because profit is the objective of any business entity, there will be all

ove1whelrning temptation to increase that profit by using grow lights on a 24-hour basis. hi order to protect the smrntmcling prope1ty owners and to reduce light pollution iu the area, light standm·ds should be established which require grow operations to prevent any light sources from leaking onto sunotmcling prope1ties. Such a standard should also deal with any secmity lighting which may be associated with the prope1ty.

When establishing stm1clarcls for grow operations, noise pollution should also be a consideration. Electiic or diesel generators should be required to be no louder than they would be in downtown Port Colborne. If secmity clogs are utilized for prope1ty protection, they, too, should be subject to the same noise limitations as would apply in the city.

Development in a Rural area should be consistent with the placement and nu·al character of the existing buildings. Exceptionally high, solid fences associated with the security provided for marijuana grow operations are out of character with smrnunding rural fmms ancl private homes a!lcl this tends to have an adverse affect on smrntmcling prope1ty values. A fencing standard should be established which is consistent with the

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smrounding prope1ties and which mitigates the adverse effect of "prison style" fencing on smrnunding property values.

Marijuana grow operations are prohibited in buildings used as residences (Reference F). As a result, marijuana grow operations should not be pe1111itted near residential areas. Who your neighbor is and whether or not his prope1iy fits in with yours, has a significant effect on property values, so significant distance requirements should be established to separate grow operations from residential areas. For this pmpose, I would suggest a separation of at least a quarter of a mile.

Possibly the best solution for location of future marijuana grow operations would be that they should be penuitted only in the Jnch1s1rial/E111ployment areas described in Section 3.10 of the City of Port Colbome Official Plan. The requirement that medical marijuana grow facilities be located indoors removes much of the impetus for their existence in Rural or Agricultural areas. The significant security concerns, the electric power demands, the need for water, and the importance of controlling waste and nmoff all speak in favor of encouraging the location of these facilities within Industrial/Employment areas can more efficiently be addressed.

Thank you for this opporhmity to pmticipate in this process. If you have questions or would like to contact me for any reason, I may be reached by mail at:

Margaret C. Weaver 1208 Mountain-Aire Way SE Olympia, WA 98503-1921 (USA)

References

A. "Growing Medical Marijuana is Big Business in Canada," Michael Comte (AFP) Feb 15, 2014.

B. http://www.town.f01terie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4E.

C. http://www.town.fo1terie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4G.

D. www.ch11gpolicycentral.co111/bot/xmticle/orangeville8624.htm.

E. www.clrugpolicycentral.com/bot/xarticle/orangeville8624.htm.

F. http://www.hc-sc. gc. ca/ dhp-mps/marihuana/info/ add-supp-eng. php.

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Fro1111 To: Subject:

Date:

Dan Aquilina Robert Heil; Lindsay Richardson Fw: Legal Grow-Op 04/06/2014 02:03 PM

Sent from my BlackBerry 10 smartphone on the TELUS network.

From: [email protected] Sent: Sunday, April 6, 2014 12:01 PM To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Reply To: [email protected] Cc: Tom Schroeder; Susan Schroeder; Sheila and Donnie Edwards; Rosalyn Hatch; Richard Holoday; pzazz; Pauline Ressler; Pat Leckie; Nancy Misener; Lesley Krieger; Kerry Fallon; John Ressler; Jim Leckie; Frank Scott; Drew Bell; Charles Groom; Cathy Ann

ffeubject: Legal G[.~:2fl.__. __ "

It was my understanding that the March 24th Council meeting was intended to 'clear the ai( and provide information regarding the local grow-op on Pinecrest Road. To give council members a clearer picture as to the concerns of the neighbouring residents, as well as listen to the promises of the grow-op owners, in which to base their decision regarding re-zoning issues.

At the March 24th meeting, and followed up in the March 26th Tribune article, Marc Kealey publicly stated that Muileboom Organics Inc. had submitted an application to produce 1,500kg of marijuana per year. I assume that this information would have been taken into account when Council was making their decision regarding the re-zoning of this property.

Thursday, April 3rd, CHCH News aired a segment regarding the grow-op on Pinecrest road. (It is my understating that they were invited by Muileboom Organic Inc.) Marc Kealey stated, on air, that they intend to produce 4,500kg of marijuana per year. That is quite a jump from the 1500kg they admitted to at the Council meeting. Why the lie? Why not be honest of their intent from day one? Would this have made a difference in the decision of the Council members? How many more surprises do they have for us? Since this whole issue came to light, it has been nothing but deny, deny, deny, from the Muileboom camp. We had heard they wanted to expand to a 40,000 sq.ft. facility. That was denied (at a Council meeting) .. Now we all know that they misled us, as was their intent from day one. What else is up their sleeves?

It is still a mystery to me how this facility was allowed to be in the first place, without having a chance to air any 'public' input or concern. The City of Port Colborne is never late in mailing out my tax bill, doesn't hesitate to send a letter if I haven't purchased my dog tag by a certain date, or putting up notices for a public meeting, (at the end of our road), concerning any land severance. How is it that we were never informed of something as important as grow-up in our own neighbourhood?

I am way past being frustrated on hearing and reading that "yes, a few of the locals have concerns regarding this facility". 98% of all residents in about a 1.5 km radius, that I have spoken with, are dead set against having this facility in our, or any residential area. 100% are against any type of expansion. And those are just the ones I have spoken with personally. We have come forward and honestly stated our objections publicly. Muileboom Organic Inc. has not been honest from day one.

There are quite a few concerned residents who are spending a lot of time researching information, to see what options there may be in stopping this expansion process, and passing it on to those who care, or those that can make the ultimate decision. It should never have got to this point. This whole situation

107

came about way to quick, and didn't leave a whole lot of time for residents to protest this expansion .. Maybe that was the plan all along.

What do we have to do to curtail the expansion of this facility before it gets any more out of hand? Do we even have any more options?

Truly, one frustrated, angry resident, Colleen Jasek

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Fro1111 To:

Cc: Subject: Date: Attadunents:

TliOMAS C HUNT Dan Aquilina: Lindsav Richardson; Ron Bodner; Heather Mahon; Bill Steele; David Barrick; Dave Elliott; frank Danch; Barbara Butters; Angie Desmarais; Bea Kenny; Yvon Doucet: Vance Badawey

l.alliitll Medical Marijuana Production facility 04/05/2014 04:43 PM By I aw Amendmen!" docx

Dear Councillors:

We want to lend our voice and support to the position taken by our Firelane 2 neighbors in the email and attachment below, which was sent on March 31.

We are not adverse to businesses, growth or business opportunity. We just believe they should not be located in our residential neighborhood, or immediately adjacent to it. There is a proper place for commercial activities; if Port Colborne decides to allow this type of business at all, it should be a long aistance away from the vibrant family communities along the lake shore, or any other residential area.

Thomas Hunt and Laurie Dann

1145 Firelane 1, PC

From: Sheila and Donnie Edwards <[email protected] > Date: March 31, 2014 at 7:13:46 AM EDT To: Dan Aquilina <danaquilina@portcolborne ca>, Lindsay Richardson <[email protected]>, Ron Bodner <[email protected]>, Heather Mahon <[email protected]>, Bill Steele <[email protected]>, David Barrick <[email protected]>, Dave Elliott <[email protected]>, Frank Danch <[email protected]>, Barbara Butters <[email protected]>1 Angie Desmarais <[email protected]>, Bea Kenny <[email protected]>,Yvon Doucet <[email protected]>, Vance Badawey <[email protected]>

Subject: Commercial Grow Op Amendments

Greeting Councillors

Donnie and I as well as our neighbors have voiced our concerns regarding the grow op in our neighborhood. Please feel free to read the attached article by the CBC which states: "Some communities, such as the B.C. cities of Abbotsford and Langley, have moved to ban medical marijuana production

109

altogether." http://t.co/wad6Whzsxu According to this article you do have a choice as the precedence for saying NO has been set by these communities. Until now you may have felt as though your hands were tied however, it appears that other cities have dealt with the legalese of this issue.

Also please read the following article http: /lt.cofreMdcDrxAk that states, "So if Niagara-on-the-Lake wants to dictate, as an example, how far from a residential neighbourhood greenhouses growing marijuana can be located, they can accomplish that through zoning.

"That's my understanding," MP Rob Nicholson said, adding that if he or his office can help Town staff work through the legislation, their assistance is available."

Obviously Port Colborne can say NO to commercial medical marijuana grow ops in residential areas. At the least please ensure that these commercial entities are only found in Port Colborne's industrial areas far away from children's learning activities, nature and residential areas.

Please find attached a copy of the draft amendments put forward to City Council for the April 14th meeting from a group of concerned neighbors.

110

From: Robert Heil Sent: Friday, April 4, 2014 6:22 PM To: Dan Aquilina Subject: Fw: Port Colborne Grow Op

Sent from my BlackBerry 10 smartphone on the TELUS network.

From: Nancy Misener <[email protected]> Sent: Friday, April 4, 2014 5:59 PM To: [email protected]; Ron Bodner; beakenny; [email protected]; daveelliott; yvondoucet; billsteele; Angie Desmarais; [email protected]; [email protected]; Heidi

Grzesina Subject: Fwd: Port Colborne Grow Op

FYI Nance

---------- Forwarded message ----------From: Nancy Misener <nanqrkeyjnpc@gmail com> Date: Fri, Apr 4, 2014 at 4:41 PM Subject: Port Colborne Grow Op To: tips@chch com

Dear producers.

I want to thank CHCH tv for coming to our neighbourhood and doing a segment on your news broadcast on April 3rd ·

I do feel it was biased in the coverage however in that it showed the operation

interior and how wonderful it is!! but there wasn't any representation of the concerns of the citizens who live in close proximity to this operation (except to mention that Mr. Scott is worried about depreciation of property values).

We have several other concerns, like- which once the by-laws and licensing are

firmed up, we will have this facility foisted upon us. This is all new ground for our city Councillors, staff, citizens, and mayor. They have been working on this with us over the last few months

And we appreciate that!

We have been informed that the injunction filed in BC which permits the growers who

had permits prior to March 31/14 deadline to continue under their old permits until

111

there is a court decision. However we have been told that if the growers get their new license and are under operation before the amendments to the local by-laws are passed, that the owners will be grandfathered in. We have been going to council, MPP Malcolm Allen, Health Canada .... since last July! And here we are likely to lose on the wings of an injunction filed in BC!

If the new owner builds what sized building he says, the number of kilos per annum and the size of the building changes everytime Mr. Kealey speaks publicly, then they want to build a structure covering almost 400,000 sq feet, 10 acres of agricultural land (these figures were given during their announcement in the spring at a council mtg). Prime land, which the region wants to preserve for the purpose of growing food supporting sustainability. MMPR operations, although they grow a crop, are not producing food, and can be located on any old scrap of land.

The proposed building will cover land which normally soaks up rain water supporting water tables. We are an enclave of residences which are well-dependent. Will the use of herbicides, fertilizers etc and less run-off impact on our wells When the ground is covered the rain can be collected into cisterns but when they are full where will the water go? We are a low area within a large radius which can experience flooding already.

The existing lighting causes some households to never have darkness, a very disruptive experience for humans and animals.The vibration felt by some households when generators/fans are running is disrupting falling asleep and felt by people in their homes. This property abuts acres of declared environmentally sensitive land. Sensory interference with light and vibration affects both man and animals. We have endangered and protected species out here, such as the Fowler toad and the grey horned owl.

And then the big sensory experience of smell. With rotating crops planned, we will get to enjoy the smell pretty regularly. The intensity of the smell is like nothing I've ever experienced before. Picture the normal humidity here as we are on the shore of Lake Erie -waterfront; the stillness in the fall of the weeks of rain; no air movement and hundreds of rotting skunks have been dropped on the road. There, now you've got it! It is such a thick smell that is sticks in the back of your throat and stays there. During weather when we want to have our windows open it isn't a choice we have. I know some neighbours have had problems with nausea. This smell last for 2-3 weeks at a time, even with the new fans they put in.

If the grow op stays or is enlarged real estate agents have already said our property market values will go down. For me and my partner, there goes our equity which we always thought would be there if we needed nursing care in the future. I am retired and soon my partner will be.

I will close now. I know there other concerns but I think this gives a bit of a voice to the rest of the issue. The grow op is the new .kid on the block, bullying its way into our hood. Bordered on two sides by residential property and on one side by environmentally protected land.

Thank you for your time and consideration sincerely Nancy Misener 2122 Firelane #2

RR#l Port Colborne On L3K5V3 112

Fro1n: To; Subject: Date:

Good Morning,

[email protected] [email protected] March 24th Public Meeting 04/07/201412:06 PM

I am a summer resident on Firelane #3 and spend the winter months in Florida. The notice for the meeting in March did not reach me until well after it was over. Could you please let me know what happened?

I am very concerned about the marijuana production occurring on Pinecrest road. Green house tomatoes were acceptable, pot growth Is not. I am especially concerned with the affect on our wells, as pot requires a great deal of water. Along with the stress on our wells, I am very concerned with the run off that will go into the Mill Creek and proceed to the lake, with no treatment . Has any of this been addressed?

Sincerely, Roger L. Keller

113

Fro111: To: Subject: Date:

Dan Aquilina Lindsay Richardson Fw: Dollars and "Sense" 04/07/2014 01:52 PM

Dan Aquilina MCIP, RPP, CPT Director of Pfanning and Development 905-835-2901 Ext. 203 Fax: 905-835-2939 www.portcolborne.ca



-----Forwarded by Dan Aquilina/Port_Notes on 04/07/14 01:55 PM-----

From: Barbara Butters/Port_Notes To: Dan Aqulllna/Port_Notes@port_notes, Oate: 04/07/14 01:47 PM Subject: Fwd: Dollars and "Sense"

More info for you

Thanks for yom time, Barbara Butters

Begin fotwardecl message:

From: "Frank Scott" <fscottl [email protected]> Date: April 7, 2014at1:04:17 PM EDT To: "[email protected]" <[email protected]>,''ashleygrigg" <[email protected]>, "billsteele" <[email protected]>, "claveelliott" <[email protected]>, "angiedesmarais" <[email protected]>,"yvondoucet" <[email protected]>, ''frankclanch" <[email protected]>,"beakenny'' <[email protected]>, "[email protected]" <barbara [email protected]>,"[email protected]" <[email protected]> Subject: Dollars and "Sense"

Smith Falls

114

medical marijuana operation is in a building in an Industrial zoned area. The operation is taxed by the municipality as a manufachll'ing indnslly. They are taxed this way because the municipality has taken the stance that they are manufacturing a medicinal product.

This was supplied by the Smith Falls Tax Department.

Port Colbome

The industrial mil rate is .053513 (rounded) TI1e fanuland mil rate is .004111 (rounded) or 92.3% less than the industrial rate (it's also 25% less than the surrounding

residential prope1ties rate)

From all media reports this is a nmlti-million dollar business. Just last week CHCH television repo1ted the operation can warehouse up to $32,000,000 in product, quoted the grower as saying they could make more money growing marijuana instead of tomatoes and lead off the sto1y by calling it a business.

From a business standpoint, why would City Council not zone this type of operation to an industrial area ??

The City would win The residents would win And the most precious connuodity, the

neighborhood children would win (big time)

On behalf of:

Donnie Edwards, Keny Fallon, Sue Schroeder, Tom Schroeder, John Ressler, Pauline Ressler, Peggy Zazzaretto, Pat Leckie, Cathy Ann Kalybud, Lesley Krieger, Drew Bell, Nancy Misener, Jim Leckie, Rosalyn Hatch, Rob Buchanan, Laura Azzopardi, Gmy Dingman, Rick Spice, Colleen Jasek, Charles Groom, Richard Holoday, Sheila Edwards, Donna Fallon, Cherie Buchanan, Margaret Scott, Vic Barker, Gisele Barker, Diana Goodwin, Mike Goodwin, Frank Scott,

115

AppendlxD

The "SIXTH MEETING" (SPECIAL) of the Port Colborne City Council was held for purposes of a Public Hearing under the Planning Act at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 24, 2014 commencing at approximately 6:40 p.m.

ATTENDANCE

Mayor Vance Badawey presided with the following members in attendance:

COUNCILLORS

D. Elliott F. Danch R. Bodner

Absent: W. Steele

A. Desmarais B. Kenny B. Butters

REGIONAL COUNCILLOR

D. Barrick

R. Heil, Chief Administrative Officer A. Grigg, City Clerk

Y. Doucet

D. Aquilina, Director of Planning & Development H. Mahon, Recording Clerk

Also in attendance were interested citizens, members of the news media and Cogeco TV.

CALL MEETING TO ORDER- MAYOR VANCE BADAWEY

1. PRAYER

Councillor Yvon Doucet delivered the prayer.

2. NATIONAL ANTHEM

Joel Longfellow sang 0 Canada


liQ.. Moved by Councillor B. Kenny Seconded by Councillor A. Desmarais

That the agenda of the Special Meeting of Council of March 24, 2014 be confirmed as circulated. CARRIED.


Nil.

5. PUBLIC HEARING UNDER THE PLANNING ACT

(a) APPLICATION FOR ZONING BY·LAW AMENDMENT Department of Planning & Development, Report No. 2014·20 Subject: Public Meeting: Proposed Zoning By-law Amendment - Medical Marlhuana Production Facility


116

Minutes, Sixth Meeting (Special) of Council, March 24, 2014 Page 2of10

Dan Aquilina advised that the purpose of this meeting, pursuant to Section 34 of the Planning Act, is to consider an application to amend the City of Port Colborne Zoning By-law 1150/97/81, as amended.

Mr. Aquilina advised that the proposed Zoning by-law Amendment was initiated by the City and is being proposed to ensure that new medical marihuana production facilities are appropriately located within the agricultural and rural zones of the City and that development of such facilities is regulated through proper zoning controls. Mr. Aquilina noted that he will elaborate on the details of the zoning controls later during the Planning Report section.

(II) METHOD OF NOTICE

Mr. Aquilina advised that Notice of the Public Meeting was administered in accordance with Section 34(12)(13) and (14) of the Planning Act, as amended, and Section 3 of Ontario Regulation 645/06.

Notice of the Public Meeting was placed in the lnPort News on February 27, 2014 and again in the Welland Tribune on March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon.

(Iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

Mr. Aquilina advised that the procedure to be followed this evening will be to present Department of Planning & Development Report No. 2014-20, to hear any comments from Council to Planning Staff. to open the meeting to the public for comments and questions, to announce the requirements under The Planning Act for written notice request of passage of the proposed zoning by-law amendment, and to provide a brief explanation of future meetings regarding the application.

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

Mr. Aquilina provided some background Information on the City initiated proposed zoning by-law amendment. Mr. Aquilina advised that as of April 1, 2014 regulations will be in place by Health Canada for the production of medical marihuana to take place in operations run by licensed producers.

Mr. Aquilina also advised that as of last Friday an injunction was made by a B.C. judge, which continues to allow authorized users to grow medical marihuana for personal use within their households. Despite this injunction, the City proposes to move forward with the zoning bylaw amendment concerning the production of regulated medical marihuana for commercial use.

Mr. Aquilina advised that under the new regulations by Health Canada, licensed producers will have to meet extensive security and quality control requirements. For example, a quality assurance person must be employed and a senior person designated to be in charge of the overall management of the operation. There is restricted access areas and the site must be monitored 2417 by qualified personnel. Air purification systems must be in place. Key personnel will hold a valid security clearance which has been Issued by the Minister of Health and written notification must be provided by the applicant, providing details regarding the location of the production site to the City as well as to the local police and fire department<>.

117


Mr. Aquilina advised that the City's Solicitor has determined that a medical marihuana production facility is a permitted use in the Agricultural and Rural zones. Amendments would be required for both the Zoning By-law and the Official Plan to allow it as a permitted use in the Industrial zone. Legal counsel has also advised that appropriate zone provisions can be added to mitigate the impact on adjacent land uses. Mr. Aquilina noted that the production facilities will not be permitted in the Environmental Protection zones.

It is also proposed that the Zoning By-law be amended to include two new definitions; namely "Medical Marihuana Production Facility" as well as "Sensitive Land Use". The permitted uses, zone requirements and definitions are further described in Appendix "E" of the report.

Mr. Aquilina provided a few examples of the proposed requirements in the Rural zone such as the minimum lot size, lot coverage, and setback requirements. There will also be requirements for a planting strip, no outside storage will be permitted, provision must be made for an opaque fence, as well as requirements for parking. It is also proposed that Servicing requirements for the facility shall be designed by a "Qualified Professional".

Mr. Aquilina commented on the concern raised regarding odors. He noted as a comparison, that the Minimum Distance Separation determined for the operation of a chicken farm of 26,000 chickens is 193m. Staff proposes that a minimum separation to the Sensitive Land Use requirement be 150m as it will provide an adequate separation distance for the production facilities.

Mr. Aquilina then provided comments received from the following agencies:

City of Port Colborne Building Division

Any significant renovation or demolition to the building will require a building permit. The main concern is the absence of a specific Health Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.


Supports the proposed amendment which will ensure the appropriate locations for these facilities. These operations are agricultural and/or industrial in nature and should fall under the required zoning. Also, site plan control should be applied to these locations.


The only concern is that any proposed permanent building or structure must meet the minimum setback from any provincial highway property lines and that the necessary land use permits will be required.

Region of Niagara

Supports the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distribution of the product is supported by the Region's value added policies.

118


Mr. Aquilina then provided the following comments received from the Public:

Margaret Curtiss Weaver, 1717 Fire Lane 2 (Seasonal Resident):

• Concerned that the City is not putting enough weight on the difference between growing traditional agricultural products and medical marihuana. She feels that growing marihuana is like "growing highly valuable cash money then waiving It around asking someone to come and take if'; Feels that there will be an overwhelming temptation for growers to cheat, that organized crime will become involved and/or thieves will target these facilities with a potential to target others homes in the surrounding area;


• Would like to see a limit on the number and type of building and a minimum distance between buildings should be established for fire safety reasons - made reference to the Town of Fort Erie setting a 70 metre setback between Class I facilities;


• Suggests this type of use be subject to Site Plan Control; • Feels that strong consideration be given for pre-planning for waste

water and fertilizer runoff; • Would like to see water samples being taken before operation

begins and then follow up samples provided to ensure water runoff limits are respected;

• Feels that because of the unknown health ramifications which accompany the production of medical marihuana, consideration should be given to limiting the use of herbicides and pesticides and that encouragement should be given to operations using hydroponic cultivation methods;




Frank Scott of 394 Pinecrest Road:

Should be confined to Industrial or Commercial zoned land. Setbacks should be 300m from the nearest off-property residence and 1000m from public parks, school, church, or farms. Property amenities should include paved parking, no on street parking, proper drainage and lighting standards, proper vehicle access and safe turnaround for commercial vehicles. Expressed environmental concerns regard'1ng noise

119

Minutes, Sixth Meeting (Special) of Council, Morch 24, 2014 Page 5of10

and air quality emissions, proper water supply and treatment. The City should seek expert advice as to the impact on natural resources in the immediate area. Consideration should be given for impact on the neighbourhood due to noise, traffic, lighting, hours of operation. Ensure proper police and fire security available as well as employee safety.

Mr. Aquilina advised that as of today, correspondence hast been received from Joe Schonberger, President of the Niagara South Federation of Agriculture who expressed concern about removal of agriculture in the Environmental Protection zone.

Mr. Aquilina advised that this concludes the Planning Report. In summary, he has provided a brief outline on the history and regulations for Medical Marihuana; the definitions being proposed for the Medical Marihuana Production Facility and Sensitive Land Use, as well as an outline of the proposed new regulations for the Agricultural and Rural zones. The proposed amendments to the City's Zoning By-law and the Site Plan Control By-law will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are mitigated.

(v) QUESTIONS OF CLARIFICATION TO PLANNING STAFF

Councillor Bodner asked Mr. Aquilina to comment on Mr. Schonberger's concerns. Mr. Aquilina responded that as staff had only just received Mr. Schonberger's letter earlier today, his concerns regarding removal of agriculture from the Environmental Protection zone can be satisfied and will be addressed later in the Planning recommendation report that is to be submitted to Council.

Councillor Doucet requested that Mr. Aquilina comment on the injunction made concerning medical marihuana. Mr. Aquilina explained that as of last week an injunction was made by a B.C. Judge that continues to allow medical marihuana (that is already licensed) to be produced in homes for personal use. Mr. Aquilina explained that what is being dealt with tonight concerns medical marihuana that is to be produced for commercial uses and not for home use.

Councillor Elliott questioned Mr. Aquilina on the issue of Site Plan control and employee parking. Mr. Aquilina explained that there will not be many employees at a Medical Marihuana facility so they do not require as many parking spaces as for example in an Industrial zone. However, there will be some guidelines.

Councillor Elliott questioned Mr. Aquilina on the Sensitive Land Use and asked what systems will be in place to measure their impact. Mr. Aquilina responded that the facilities will have air purification systems in place. If they do not meet Health Canada's requirements then their license can be withdrawn.

Mr. Aquilina also noted that there are other agricultural uses such as chicken farms that can create odor. A minimum distance separation formula is used to determine an appropriate setback. For example, a farm with 26,000 chickens requires a setback of 190m. A 150m setback for a sensitive land use is being proposed for these facilities. If this is not met then a quick call to Health Canada could mean they would have their license revoked.

Mr. Aquilina then read the following cautionary statements into the record:

120


"If a person or public body does not make oral submissions at a public meeting or make written submiss'1ons to the City of Port Colborne before the proposed zoning by-law amendment is approved, the person or public body is not entitled to appeal the decision of the City of Port Colborne to the Ontario Municipal Board."

And;

"If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Port Colborne before the proposed zoning by-law amendment is approved the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party."

(vi) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

Mr. Kerry Fallon of 2156 Firelane 2 addressed Council. Mr. Fallon listed a number of concerns about the facility; such as appropriate setbacks from public parks, schools, significant woodlands, and proximity to sensitive lands. It should not just be separated by a road allowance. He expressed environmental concerns such as discharge into catchment streams and Lake Erie, negative effects on species at risk such as snapping turtles. He believes the facility should be monitored at all times with an emphasis on quality security.

Mr. Fallon also expressed concern about the large number of plants and size of the business. He believes that it will be a very lucrative business with a high rate of return. This could put staff, courier services and nearby residents in danger. Mr. Fallon also expressed concern about loss of property values and questioned whether the proposed setbacks were acceptable. Mr. Fallon asked that the Pinecrest Road facility not be considered favorable for a Medical Marihuana production facility.

Mayor Badawey thanked Mr. Fallon for his presentation and then asked that a motion be brought forward to accept other presentations at this time.

No. Moved by Councillor D. Elliott Seconded by Councillor Y. Doucet

That non-registered presentations be allowed at this time. CARRIED.

Nancy Misener of 2122 Firelane 2 addressed Council. Ms. Misener questioned the B.C. injunction and whether that means the Pinecrest facility will be allowed to continue with the old license or apply for a new license?

Mr. Aquilina advised that whatever is there now is for personal use and is not commercial. The personal use can continue until the courts rule on the injuncture. The commercial licenses will not come into effect until April 1 '1• He is not aware of any commercial license that has been applied for at this time.

Discussion commenced on how the residents would receive notification if a license were applied for. Mr. Aquilina noted that the City, local police and fire departments would need to be notified. Mr. Heil clarified that it falls under the Municipal Freedom of Information and Privacy Protection

121


Act. The Clerk would receive notice of the license application; however the information would likely remain confidential and not be revealed.

Jeff Dwor of 2685 Vimy Road addressed Council. Mr. Dwor read aloud a letter written by his brother Mark Dwor. Mr. Dwor expressed concerns on behalf of his family about the location and nature of the proposed facility. The location of the facility is a main concern due to its close proximity to their family residence, a Boy Scout facility and a public park. He also expressed concern about the nature of the business and its propensity to attract crime. He considers it to be a commercial enterprise due to its need for extensive security protection and huge water needs. He does not believe the Pinecrest Road facility is a suitable location.

Gary Dingman of 467 Pinecrest Road addressed Council. Mr. Dingman questioned if the Pinecrest Road facility received a commercial license prior to the zoning amendments coming into effect, would they be grandfathered in or would they be subject to the by-law amendments? Mr. Aquilina responded that any facility in full production for commercial purposes prior to the zoning amendments coming into effect would be grandfathered in.

Mr. Dingman complained about living across from the facility. He has been chased by guard dogs, there is perpetual daylight because of the lighting of the facility, and he has had to sell his property at a deflated value.

Mr. Donnie Edwards of 2365 Firelane 2 addressed Council. Mr. Edwards is a licensed Pharmacist and is knowledgeable about the problems concerning drug addiction. He is concerned about high school kids working at the Pinecrest Road facility. He can feel vibrations from the facility when he sits on his deck. It doesn't make any sense that it is considered just for personal use. He complained about the smell, the lighting and the amount of traffic. He finds it very disturbing to have this in Port Colborne.

Discussion commenced regarding the licensing and whether the Pinecrest facility should be considered a facility for personal use. Councillor Doucet questioned whether the City has any control over the licensing. Mr. Aquilina responded that the licensing is under Federal jurisdiction and the City's only control is through zoning. Mayor Badawey confirmed that Port Colborne is not the only city experiencing problems as St. Catharines and Niagara Falls are also having difficulties.

Councillor Butters questioned whether the City has the right to ban a facility. Councillor Kenny expressed concern about high school students working at the facility. Mr. Heil responded that the legislation goes beyond the municipallty's jurisdiction. The municipality can provide some controls through site plan control. The municipality cannot prohibit the facilities but they can regulate them.

Councillor Desmarais questioned how the facilities obtain their licenses and how they get to be a commercial facility. Mr. Aquilina responded that the City's Solicitor recognizes the medical marihuana facilities to be an agricultural use. The present zoning by-law allows for that use. He cannot comment on Federal regulations. Mayor Badawey advised that the discussion stay with tonight's zoning by-law amendment.

Tom Schroeder of 2407 Firelane 2 addressed Council. Given the proposed setbacks he questioned whether the current greenhouse on Pinecrest Road would be legal according to the new rules. Mr. Aquilina stressed that the new zoning by-law amendment is meant to deal with facilities in general and not just to a specific facility. However, if one were

122

Minutes, Sixth Meeting (Special) of Council, March 24, 20'14 Paga 8of10

to look at that particular facility it would not currently meet the 150m setback from a sensitive land use.

Richard Holoday of 2366 Firelane 2 addressed Council. Mr. Holoday questioned if the facility on Pinecrest Road needs the new amendment to continue to operate? Mr. Aquilina responded that any operation would need to be licensed and in operation before the by-law is in effect in order to be grandfathered in. If not, then they would need to have to comply with the by-law that is before Council this evening.

Mr. Holoday questioned what started the need for this new by-law. Mr. Aquilina responded that since the Federal regulations would come into effect on April 1 ' 1 , the City decided to take the bull by the horns and have the site plan control in place. Mr. Holaday then questioned the comments made earlier by having facilities in an Industrial zone. Mr. Aquilina responded that for now, the City is dealing with the rural and agricultural zones. They will look into requirements for the Industrial zone in the future.

Mr. Holaday questioned whether it has been addressed by the Ontario Land Use Act or the Planning Act. Mr. Aquilina responded that so far the Province has been silent on this subject.

Chuck Groom of 2400 Firelane 2 addressed Council. Mr. Groom's main concern was that the area is primarily residential as opposed to agricultural. He would like to see the area rezoned to residential use. Discussion commenced and Mr. Aquilina explained the different policies in place such as the Regional Policy Plan and the City's new Official Plan. The Region and the Province would have difficulty rezoning anything that is Agricultural to residential. Mayor Badawey explained that the zoning varies from property to property and that it would be very difficult to rezone the area.

Frank Scott of 394 Pinecrest Road addressed Council. Mr. Scott believes that if the facility on Pinecrest Road does not fit the by-law requirements then they should not be fighting it but should pass it tonight. Mr. Aquilina explained that after tonight's meeting, Planning staff will prepare a recommendation report for Council for the April 12th meeting. Mayor Badawey explained that tonight is a Public Hearing. Council will have the Planning recommendation report for the next meeting and will be able to vote on it. There was a brief discussion as to whether the Pinecrest Road greenhouse would comply with the by-law amendment. Mr. Aquilina confirmed that as it stands now it would not comply. Terry F alion asked if there were any comments from Health Canada. Mr. Aquilina responded that they have their own regulations. Mr. Fallon suggested the recommendations be sent to them. Mr. Aquilina responded that it would be under the direction of Council.

Marc Kealey, President of Muileboom Organics addressed Council. Mr. Kealey also introduced the Honourable John Turner, former Prime Minister of Canada, who was in attendance and also a member of the Board. Mr. Kealey provided some historical background information on the growing of legally prescribed marihuana. He stated that there are only 50 licenses in this country. They are very proud of their organization and have a Corporate Head Office with a professional team. He advised that three weeks ago they sent a letter to the Mayor and to the local police and fire departments to notify them regarding their intention to establish a commercial license through Muileboom Organics at 462 Pinecrest Road. They have held lengthy discussions with the police and have submitted a 700 page document to Health Canada for their application. They are happy to participate with any changes to the bylaws. Mr. Kealey noted that the site has been a farm for more than 55 years. The site was chosen

123


deliberately because of its good name. They believe it could be a major hub for the country.

Councillor Bodner questioned how they propose to move forward and control any foreseeable problems. Mr. Kealey advised that the proposal (with its commercial license) is to grow 1500 kilograms per year which will be enough to fill about 3000 prescriptions. In order to expand the facility, it will be necessary to make changes to meet the federal guidelines in conjunction with the City's by-laws.

Councillor Butters noted that they have heard all the neighbours concerns. Before moving forward they need to know that the neighbours ccncerns will be addressed. The neighbours are worried about their wells, drainage, etc.. In order to put their minds at ease, any information they can provide is vital to them before they make plans to move forward.

Mr. Kealey advised that making the application to Health Canada has been a very rigorous process and it is necessary for them to maintain good corporate responsibility. They appreciate the concerns expressed by the community and are to be reassured that everything will meet Health Canada's standards.

Councillor Bodner suggested that the company set up some kind of liaison with the neighbours. It would be preferable to have some avenue for people to ask their questions rather than having to implement things through by-law enforcement. Mr. Kealey ccncurred that this would be standard operating procedure, to have this kind of dialogue with the community.

(vii) ANNOUNCEMENT RESPECTING WRITTEN NOTICE OF PASSAGE OF ZONING BY·LAW AMENDMENT

Mr. Aquilina advised that if anyone wishes "to be notified of the approval of the zoning by-law amendment they must make a written request to the clerk. Only those persons and public bodies that give the clerk a written request for the notice of the passing of a by-law will be given notice."

Mr. Aquilina also advised that there are sign-in sheets located at the rear section of the Council Chambers for anyone wishing to request notice.

(viii) EXPLANATION OF FUTURE MEETINGS

Mr. Aquilina advised that this concludes the PUBLIC HEARING UNDER THE PLANNING ACT. The proposed Zoning By-law Amendment will be placed on the Council's agenda for the next Council meeting.

Mayor Badawey questioned when the Planning Report was expected to be ready. Mr. Aquilina advised that staff will begin working on the report the next day. Mr. Heil advised that the report will be sent to Council as soon as possible and can be distributed to the public by email.

6. ADJOURN

liQ. Moved by Councillor B. Kenny Seconded by Councillor B. Butters

That there being no further business, special meeting of Council be adjourned at approximately 8:43 p.m. CARRIED.

124


Vance M. Badawey Ashley Grigg MAYOR CITY CLERK

125

Appendix E

DRAFT ZONING BY·LAW AMENDMENT


BY·LAW NO. __ _

BEING A BY·LAW TO AMEND ZONING BY·LAW 1150197181, AS AMENDED, TO INCORPORATE THE REQUIREMENT FOR SITE PLAN CONTROL FOR MEDICAL MARIHUANA PRODUCTION FACILITIES

WHEREAS By-Jaw 1150197/81, as amended, being the Comprehensive Zoning By-law for the City of Port Colborne was approved by the Ontario Municipal Board on March 19, .1984;

AND WHEREAS, subsection 34(1) of the Planning Act, R.S.O. 1990, c.P.13, (the Act), authorizes the Council of the Municipality to regulate the use of lands and the character, location and use of buildings and structures within the Municipality;

AND WHEREAS, the Council of the City of Port Colborne at its meeting of February 10, 2014 authorized Staff to initiate amendments to Zoning By-law 1150/97181 that relate to medical marihuana facilities;

AND WHEREAS, Subsection 34(12) of the Act requires the Council before the passing of a by-law under this section of the Act to ensure that sufficient information is made available to the public to generally understand the zoning proposal and to hold a public meeting;

AND WHEREAS, notice of the Public Meeting was provided pursuant to Subsection 34(13) of the Acton February 27, 2014 and March 3, 2014;

AND WHEREAS, a Public Meeting pursuant to Subsection 34(12) of the Act was held on March 24, 2014;

AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend Comprehensive Zoning By-law 1150/97/81, as amended;

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

1. That By-law 1150197 /84 as amended, is further amended by adding thereto in alphabetical sequence the following definitions to "Section 31 ":



126

Appendix E

2. That "Section 25" (Agricultural Zone) of Zoning By-law 1150/97/84 as amended, is hereby repealed and replaced with "Section 25" attached hereto as "Appendix 1".

3. That "Section 26" (Rural Zone) of Zoning By-law 1150/97/84 as amended, is hereby repealed and replaced with 'Section 26" attached hereto as "Appendix 2".

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

5. The City Clerk is hereby authorized and directed to proceed with the giving notice of the passing of this by-law, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14th DAY OF APRIL 2014


Ashley Grigg, CLERK

127

A ZONE-AGRICULTURAL

SECTION 25

25.1 SCOPE

Appendix 1

Subject to the General Provisions of Section 4, the provisions of this Section shall apply in all Agricultural (A) Zones except as otherwise provided in Schedule "B" and "C".

25.2 USES PERMITTED



(c) One single detached dwelling and uses, buildings and structures accessory thereto on each lot existing at the date of passing of this By-law.


( e) Kennels.

(f) Farm machinery sales and service establishments.

(g) Wayside pits subject to the provisions of the Pits and Quarries Control Act.

(h) Medical Marihuana Production Facility.

25.3 ZONE REQUIREMENTS EXCEPT FOR KENNELS, FARM PRODUCE STANDS AND MEDICAL MARIHUANA PRODUCTION FACILITIES







75m

as existing or as created by consent, except that this requirement shall not exclude an existing lot which has increase in lot area since the passing of this By-law.

1 O percent, except no maximum for greenhouses

(i)

(ii)

(i) (ii)

(i) (ii)


7 .Sm for dwellings 23m for agricultural buildings and structures


128

(g) Minimum Rear Yard (i) (ii)

(h) Maximum Height for a Dwelling 11 m (By-Jaw 4915/140/06)

(i) Minimum Ground Floor Area for (i) a Dwelling (By-Jaw 1374/67/83) (ii)

Appendix 1


One Storey Two Storey

75m2 45m2


Any permitted use in the Agricultural (A) Zone, including any building used for the containment of livestock shall only be erected, altered or remodelled in accordance with the requirements of Subsection 25.3 and 4.19, whichever is greater.

25.5 REQUIREMENTS FOR KENNELS

(a) Minimum Lot Area

(b) Minimum Lot Frontage


(d) Minimum Side Yard

(e) Minimum Rear Yard

(f) Minimum Distance from Adjacent Dwellings


1.6ha

75m

50m or behind the front building line of the main building on the Jot, whichever is the greater

25m

30m

150m

· 20 percent

25.6 REQUIREMENTS FOR BUILDINGS AND STRUTURES ACCESORY TO DWELLINGS (By-Jaw 4915/140/06)

(a) Maximum Lot Coverage 1 percent provided the Jot coverage of all buildings and structures on the Jot does not exceed 10 percent.

(b) Minimum Side Yard and 3m except the minimum side yard abutting Minimum Read Yard street shall be 7.5m

(c) Minimum Distance from 3m Dwelling


129

Appendix 1

2S.7 REQUIREMENTS FOR FARM PRODUCE STANDS

2S.8

The provisions of Section 2S.3 related to dwellings shall apply except the maximum floor area shall be SSm2.










(i) Planting Strip

U) Outside Storage Requirements


(I) Parking


7Sm


(i) Lots less than Sha 30 percent (ii) Lots Sha to 1 Oha 1 O percent (iii) Lots greater than 1 Oha S percent

30m

1Sm

30m

30m

1SOm

Where a lot line of a lot containing a Medical Marihuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.Sm, measured perpendicularly to said lot line.

Outside storage of goods, materials or other supplies is not permitted.




130

RU ZONE - RURAL

SECTION 26

26.1 SCOPE

Appendix 2

Subject to the General Provisions of Section 4, the provisions of this Section shall apply in all Rural (RU) Zones except as otherwise provided in Schedule "B" and "C".

26.2 USES PERMITTED


(b) One single detached dwelling on one Jot, and uses, buildings and structures accessory thereto accessory to an agricultural use.

(c) One single detached dwelling and uses, buildings and structures accessory thereto.


(e) Farm machinery sales and service establishments.

(f) Medical Marihuana Production Facility.

26.3 ZONE REQUIREMENTS EXCEPT FOR FARM PRODUCE STANDS AND MEDICAL MARIHUANA PRODUCTION FACILITIES



( c) Maximum Lot Coverage





45m

The lesser of 0.4ha or as existing at the date of passing of this By-law, except that this requirement shall not exclude an existing lot which has increased in lot area since the passing of this By-law

10 percent, except no maximum for greenhouses

(i)

(ii)

(i) (ii)

(i) (ii)

(i) (ii)


7 .5m for dwellings 30m for agricultural buildings and structures

15m for dwellings 30m for agricultural buildings and structures 15m for dwellings 30m for agricultural buildings and structures

131

(h) Maximum Height for a Dwelling 8m (By-law 4915/140/06)

(i) Minimum Ground Floor Area for (i) a Dwelling (By-law 1374/67/83) (ii)

Appendix 2

One Storey 75m2 Two Storey 45m2


Any permitted use in the Rural (RU) Zone, including any building used for the containment of livestock shall only be erected, altered or remodelled in accordance with the requirements of Subsection 26.3 and 4.19, whichever is greater.

26.5 REQUIREMENTS FOR BUILDINGS AND STRUTURES ACCESORY TO DWELLINGS (By-law 4915/140/06)

(a) Maximum Lot Coverage

(b) Minimum Side Yard and Minimum Read Yard

(c) Minimum Distance from Dwelling

1 percent provided the Jot coverage of all buildings and structures on the lot does not exceed 10 percent

3m except the minimum side yard abutting street shall be 7.5m

3m



26.7

The provisions of Section 26.3 related to dwellings shall apply except the maximum floor area shall be 55m2.


(a) Minimum Lot Frontage 75m

(b) Minimum Lot Area Permitted only on an existing lot having a minimum size of 3ha

(c) Maximum Lot Coverage (i) Lots less than 5ha 30 percent (ii) Lots 5ha to 1 Oha 10 percent (iii) Lots greater than 1 Oha 5 percent

(d) Minimum Front Yard 30m

(e) Minimum Interior Side Yard 15m

(f) Minimum Exterior Side Yard 30m

(g) Minimum Rear Yard 30m

(h) Minimum Separation to 150m Sensitive Land Use

132

Appendix 2

(i) Planting Strip Where a lot line of a lot containing a Medical Marihuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.5m, measured perpendicularly to said lot line.

U) Outside Storage Requirements Outside storage of goods, materials or other supplies is not permitted.

(k) Visible Nighttime Lighting Where a building or structure consists of more than 40% glass and where artificial lighting is required an opaque fence shall be provided and maintained adjacent to every portion of any lot line that abuts Sensitive Land use.

(I) Parking 1 parking space for every employee on the largest shift.

(m) Servicing Requirements Servicing for the facility shall be designed by a Qualified Professional, identifying the source of irrigation water, water quantities required and the effects of same on the groundwater table and nearby wells.

133

Appendix F THE CORPORATION OF THE CITY OF PORT COLBORNE

BEING A BY-LAW TO DESIGNATE A SITE PLAN CONTROL AREA AND DELEGATE COUNCIL'S POWER UNDER SECTION 41 OF THE PLANNING ACT, R.S.O, C.P 13., ESTABLISHING A SITE PLAN CONTROL PROCEDURE AND THE

DUTIES OF THE DIRECTOR OF PLANNING AND DEVELOPMENT

WHEREAS Section 41(2) of the Planning Act, R. S. 0. 1990, Chapter P.13, provides that a local municipality may establish a Site Plan Control area where, in its Official Plan, it has described a proposed Site Plan Control area;

AND WHEREAS the Official Plan of the City of Port Colborne, designates the whole of the City as a proposed Site Plan Control area; and

AND WHEREAS Section 41(13) of the Planning Act, R. S. 0. 1990, Chapter P.13, provides that the Council of a local municipality, may, by by-law, exempt certain classes of development from Site Plan Control and further that the Council may, by by-law, delegate its approval powers and authority to a Committee of the Council or to an appointed officer of the municipality; and

AND WHEREAS, the Council of the Corporation of the City of Port Colborne deems it expedient to impose Site Plan Control on the whole of the City; and

AND WHEREAS Council of the Corporation of the City of Port Colborne wishes to delegate to the Director of Planning and Development its powers or authority under Section 41(13) of the Planning Act excluding Council's Authority under Section 41(13)(a);

AND WHEREAS Council of the Corporation of the City of Port Colborne approved the new Site Plan Control By-law 5914/21/13 on February 11, 2013;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. That Section 3: "Classes of Development Requiring Site Plan Control Approval" under By-law 5914/21113 be amended to include:

(g) Development of a Medical Marihuana Production Facility.

2. Effective Date

That this By-law shall take effect on the date that it is passed by the Council of the Corporation of the City of Port Colborne.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF APRIL, 2014.


Ashley Grigg, CLERK

134

Department: Planning & Development

PORT COUlORNJ:.

Report Number: 2014-04

Subject: Encroachment Request 265 King Street

1) PURPOSE:

Date: April 14, 2014

The tenant of 265 King Street, Kevin Echlin of the Smokin' Buddha, is requesting permission to place tables and chairs, food trailer, tents as needed on the patio adjacent to his restaurant located at 265 King Street. As well as a Breezeway/Door Shelter and a Yurt.


It has been Council's policy to review encroachment request and decide on each case based on the information presented to them.

It had come to the attention of the By-law Enforcement Division that the existing patio is located on City property and we have been working with the tenant to resolve this encroachment issue. A report and agreement were prepared in May 2011, however, now the tenant wishes to expand the use of the encroachment to include a food trailer, tents a breezeway shelter and a BUiiding Code Act approved yurt.

The owner of 265 King Street is in favour of this use and agrees to enter into an agreement with the City of Port Col borne regarding the use of City property.

The existing fenced patio is located adjacent to the restaurant and there are no public sidewalks accessing this area. Previously, the Chief Building Official, Fire Prevention Officer and the AGCO Enforcement Inspector granted approval for an outdoor patio.

The tenant has paid the $150 encroachment request fee and provided the insurance.


Planning -has no objections to the proposed encroachment.

Building - The Chief Building Official will require permits for the 2 tents a wind shelter at the front door and the Yurt prior to any of these buildings being erected on site.

Engineering - has no objections to the proposed encroachment.

Fire - has reviewed the information provided with regards to an Encroachment Request and is offering the following comments:

135

1. Food trailer to be Inspected by Port Col borne Fire & Emergency Services prior to operation. Electrical safety authority inspection certificate and an inspection certificate from TSSA may also be required.

2. Tents may require a building permit and are to also comply with requirements contained in Ontario Fire Code.


a) Do Nothing

The Council of the Corporation can choose to decline the request which would not allow the Smokin' Buddha to have an approved encroachment of an outdoor patio, food trailer, tents, breezeway shelter and/or a yurt on City property.

b) Other Options

This section is not applicable.


This section is not applicable.

6) ATTACHMENTS

• Appendix 1 - Letter of request from tenant of the Smokin' Buddha. • Appendix 2 - Site Plan submitted by tenant. • Appendix 3 - Aerial view provided by this office.

7) RECOMMENDATION

That the Council of the City of Port Colborne approves the encroachment request with the following conditions:

• Insurance $5 million coverage with City named as additional insured,

certificate with 30 days' notice cancellation;


• Tables and chairs to be seasonal - May 1 to October 31 inclusive;

• Food trailer to be seasonal - May 1 to October 31 inclusive;

• Tents to be seasonal - May 1 to October 31 inclusive;

• Breezeway/Shelter to be seasonal - November 1 to April 30 inclusive;

Planning & Development Report 2014-04 Page 2

136

• Yurt to be seasonal - November 1, April 30 Inclusive;

• Tables and chairs, food trailer, tents, breezeway shelter and yurt to be

temporarily removed upon 7 days' notice from the City for maintenance

activities on the City's property;

• Food trailer to be inspected by Port Colborne Fire & Emergency Services prior to operation. Electrical safety authority inspection certificate and an inspection certificate from TSSA may also be required;


8) SIGNATURES

Prepared on April 1, 2014 by: Reviewed and Approved by:


Robe J. Heil Chief J:>.dministrative Officer

Planning & Development Report 2014-04 Page 3

137

.. 265 King Street, l'ort Colbome, ON. 905-834-6000

Date: April Jst, 2014 RE: The Smokin' Buddha Patio Area

To Whom It May Concern:

Letter of' Approval

lam writing for approval of encroaclunent of the Patio nt The Smokin' Buddha. As I have used this patio in past years I am asking the cities approval to keep up the use of this area at 265 King Street, Unit 2, Port Colborne, Ontario. The Area would be used for: Patio Chairs and Tables, May 1st - Octber 31 '1

20 X 20 Tents to provide shade and pl'Otect guests from rain May I st - October 31 ' 1

Food Trailer, Mainly used for special events and Large reserved parties May l '1 -()ctober 31st (truilcrs main use is fix catcriognnd farmers Markets througllotlL the region)

Door entrance (wind) shelter November I" - April 30th Yurt (B.C.A.) November 1st - AprU 30th The ru-ea is already fenced off and I have built removable partitions fol' the area.

Attached are the site plan measurements.

'7J' Kevin Echlin Owner

138

Diagram of Patio at 265. l(ing Street (The Smokin' Buddha) Port Col borne

1. 20 X20 Tent Used May 1- October 31 as shelter for guest •nd entertainment

2. 20 X 20 Tent Used May 1-0ctober 31 •s Shelter for guest on Special Occasion 3. Food Trailer Used May 1-October 31 Special Occasion and Catering 4. Wind Block Used November 1-Aprll 30 At Main entrance of The Smokin' Buddha 5. Yurt (B.C.A} Used November 1-Aprll 30 for special occasion and waiting area

Port Colborne train Station,

265 l(lng Street

139

I

-@-l'ORT(OLBORNE Report 2014-04

-

P. rihcess, Street

33.3 9 16163

©Niagara Region, City of Port Colborne

33 .26 Meters This map Is a user generated static output from an Internet mapping site and Is for reference only. Data layers that appear on this map may or may not be

accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVlGA TION

Waterbodies

Roads Provincial

Regional

Municipal - other

Addresses

Parcel Fabric

Municipal Boundaries

Surrounding Niagara Outside Niagara

Lake Erie; Lake Orta'io

• Urban Area Boundaries

Ortho 2010

• Red:Band_1

•

1:655

Notes

Green:Band_2

Blue: Band_3

Patio Encroachment

0

140

I

JfjjiaiM Department: Planning & Development

POKT COUlORNI:

Report Number 2014-05 Date: April 14, 2014

SUBJECT: Animal Control and Municipal Pound Services Contract

1) PURPOSE:

This report has been prepared by Sherry Hanson, Senior Municipal Law Enforcement Officer under the authorization of Dan Aquilina, Director, Planning and Development Services. The purpose of the report is to inform Council of the outcome of the Request for Services proceedings for the Request for Services for Animal Control and Municipal Pound Services within the municipality.

2) HISTORY, BACKGROUND

The responsibility for the management of the Animal Control Contract is now being administered by the By-law Enforcement Division's Senior Municipal Law Enforcement Officer effective in November of 2013. The Welland District and S.P.C.A. has provided Animal Control and Shelter Services since 2001. Their contract was up for renewal January 31, 2014. Other interested parties inquired about providing this service, so a Request for Service was prepared and advertised for interested parties to submit their proposals.

Planning and Development Report 2013-77 was prepared December 9, 2013 to extend the current contract to April 30, 2014, thus giving this office sufficient time to create a Request for Service document and review the proposals.

There was a mandatory site meeting at the Port Colborne Animal Shelter, five (5) interested parties attended. Three (3) submitted their proposals, and two (2) followed proper protocol and procedure and were reviewed as per the Selection Criteria.

Costs 25% Serviced Offered 10% Previous Experience 25% Qualifications 20% Contacts 5% TrainlnQ Methods 5% Knowledge including 10% Exotic Animals

Planning & Development Report 2014-05

Page 1of5

141

The contract requirements were updated to reflect the interests of the municipality and the following changes were made:

• Municipal Pound Utilities at a rate of $7000 per year now paid by the contractor.

• Monthly meetings with By-law Enforcement staff, keeping them up to date on all animal related complaints and concerns, for response to CAO and Council inquiries.

• Liability insurance increased from $4 million dollars to $5 million dollars.

• Term of the Contract-

o The Initial Term - is a 2 year contract commencing May 1, 2014 and shall terminate on April 30, 2016.

o Option to Extend Term is a 2 year extension commencing May 1, 2016 to April 30, 2018, upon giving notice in writing 90 days prior to the expiration of the Initial Term. In the event of the exercise of the renewed option, such extension shall be upon the same terms and conditions as this agreement.

o Further Extension of Term - upon the expiration of the Extended Term, the City, upon satisfaction with the services delivered, shall have the option to an automatic annual renewal, unless either party gives notice in writing at least 90 days prior to the end of the term.


A committee of 3 (Senior Municipal Law Enforcement Officer, Director of Planning & Development and the Director of Corporate & Community Services) reviewed the proposals based on the selection criteria/evaluation matrix. Based on the matrix the Welland & District SPCA received the highest points and the committee recommends award of this contract to them.

The Welland & District SPCA has provided good service during the term of their previous contracts and they have the advantage of being located adjacent to Port Colborne, and are therefore available on short notice and can respond within the 20 minute window, as required by the contract.

Highlights of services offered are listed below:

• Additional training to their service contract partners. (Port Colborne );

• Addition of a Senior Enforcement Manager to oversee issues, for a quicker response;

• Minimum of 3 patrols each day; Planning & Development Report 2014-05

Page 2 of 5

142

• Stepped up enforcement program for high call areas, officers patrol more;

• Dedicated full time officer for Port Colborne Animal Control and part time officer for the Animal Shelter;

• Upgraded the Port Colborne Animal Shelter in 2010 & 2012 , added large dog run and Cattery room;

• Newly developed Reptile Training to agents and officers provincially;

• Two safe houses for exotics under the jurisdiction of the WDSPCA, one localed locally within the region;

• Agents received specialized large animal training;

• Veterinarian on staff who regularly see all the animals in their care;

• Two Veterinarian Technicians on staff;

• New building opening a high volume spay/neuter clinic;

• A Pel Cemetery , offer private cremations and burials for the general public;

• Pet Point- software system, tracks all the information necessary;

o Shelter intake and disposition data.

• Processing the animal for adoption

• Stray

• Claiming

• Quarantine

• Euthanizing

• Trucks equipped with GPS, dispatching the closest officer for faster service;

• Newly purchased Logistical Support Unit - (large cube truck) to supplement investigations and pet adoption events, capable of transporting 60 animals;

• Received the largest grant in Canadian history by Petsmart charities, monies to fund high volume clinic and transport vehicle to pick up animals in the service communities;

• Upgraded to enhance the current ldexx equipment with a full laboratory on site enhancing the animal care;

• The Welland District SPCA currently services 7 municipalities (Welland, Pelham, Wainfleet, West Lincoln, County of Haldimand, Lincoln and Port Colborne) and operates 2 additional shelters (Welland and Dunnville) in addition to Port


Page 3 of 5

143

Colbome, giving the animals a wider range of customers to view them for adoption.


The 3 month extension of the current contract with rates held at the current contract rate, the municipality saved $1377.24

Approximately $7000 per year will be paid out by the contractor for all utilities for running the Port Colborne Animal Shelter.

The annual Budget for the Animal Services is $156,825.00, and the proposed contract is within this budget.

a) Do Nothing

If nothing is done, then the current contract will expire and there will be no animal control or municipal pound services. This course of action is not recommended.

b) Other Options

This is not applicable at this lime.

5) COMPIANCE WITH STRATETIGIC PLAN INITIATIVES

This section is not applicable at this time.

6) ATTACHMENTS

This section is not applicable at this time.

7) RECOMMENDATION

1. That the Council of the City of Port Colborne award RFS # 2014-04 Animal Control and Municipal Pound Services to the Welland & District SPCA of Welland, Ontario for the total price of $321,439.00 for the two year contract, plus applicable taxes.



Page 4 of 5

144

8) SIGNATURES

Prepared on April 1, 2014 by: Reviewed and Approved by:

=' H 'C.P.S.0. L MCIP, RPP, CPT Senior Municipal Law Enforcement Officer Director of Plannin>i and Development

Reviewed by: Reviewed and Respectfully Submitted:

Peter Senese Director Corporate and Community Services


Robert ~. Heil Chief Administrative Officer

Page 5 of 5

145

t

~-~ Department: Planning and Development

PORT COLBORNE


SUBJECT: Request for Waiving of Development Charges at 427 Steele Street

1) PURPOSE:

The purpose of the report is to obtain Council's direction in respect of a request to waive Development Charges 1825142 Ontario Inc. (Gary Matheson) for the proposed development of a new medical centre at 427 Steele Street.


Al the March 24, 2014, Council meeting, the letter request from Mr. Gary Matheson was received and referred to the Director of Planning & Development for a report. Mr. Matheson also spoke to Council on his request and his proposed plans.

Mr. Gary Matheson is proposing the construction of a 464.5 m2 (5,000 ft2) two storey

retail, office and residential building at 427 Steele Street that contains the following:

• 1•1 floor - Retail Store, 2, 117 tt2 • 1•1 floor - Professional/Medical Office, 1,487 ft2

• 'Z'd floor - Four 2 bedroom apartment dwelling units

Jn 2010, Council approved a rezoning to permit the uses. An application for Sile Plan Control is currently in process.

Council has no policy with respect to these types of requests. The property is outside of a GIP project area, so no CIP financial incentives are available.


The Region advises that the total Development Charges for the building are $59,566.36 and the City Development Charges are $34,465. As Council is aware, the City has no control over Regional Development Charges.

As previously brought to Council's attention, all development charges payable for development cover impacts on services (e.g. roads, water, waste water, fire, library, etc). Council° understands and has accepted that developers should pay for all development, and if not, the general tax payer does.

No monies have been budgeted to cover these costs. The request would add to the Port Colborne tax levy that would be impacted in 2015.

At the March 24, 2014 Council meeting there was discussion regarding the possible use of physician recruitment budget monies to offset development charges by providing monies for capital works for the medical office.

147

The City's Health Services Coordinator who oversees physician recruitment has provided the following comments on the matter:

"While the Port Co/borne Pllysician Recruitment, Retention and Medical Education Committee is working diligently to ensure we are adequately serviced by Family Physicians who roster patients, we are also looking at other alternate ways of delivering primary care, which includes mid-level providers such as Physician Assistants and Nurse Practitioners. The committee has approved an incentive in the amount of $10000 to incoming physicians, as we believe the market has changed, and we wisll to ensure we are bringing in physicians to our community that will stay; and become involved in our community as leaders in health care. The MOHL TC has many programs in place to provide funding for mid-level providers, and we would encourage Mr. Matheson to work witll the committee on obtaining information on how to apply for these funds. The committee does not recruit specialists, as this is done through the Office of Medical Affairs at the NHS, and therefore, we do not offer incentives to this type of request, although it something to be looked into by Mr. Matheson as an alternative for his building. We also do not provide incentive to family physicians who offer walk-in type care. The incentive is for physicians who wiJ/ roster at least 1000 patients within a certain agreed upon contractual length of time."


a) Do nothing.

Doing such would require all development charges be paid by 1825142 Ontario Inc. prior to Building Permit issuance.

Other Options

N/A


N/A

6) ATTACHMENTS

March 27, 2014 letter from the City Clerk to Gary Matheson (also containing his February 26, 2014 request to Council).

7) RECOMMENDATION

1. That DPD Report 2014-22 in respect of the request by Gary Matheson (1825142 Ontario Inc.) to waive City Development Charges be received and that no further action be taken.



148

8) SIGNATURES


'-'"''"'"'quilina, MCIP, RPP, CPT Director of Planning and Development

Reviewed by:

c)cu<"-' d6?ta. c ,;/(___;

Joanne Ferraccioli, Health Services Coordinator


~~~ Chief Administrative Officer


149

CITY OF PORT COLBORNE

PORT COLBORNE COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION

March 27, 2014

Gary Matheson 1825142 Ontario Inc. c/o Matheson's Drug Store 77 Clarence Street Port Colborne, Ontario L3K 3G2

Dear Gary Matheson:

Municipal Offices 66 Charlotte Street

Port Colborne, Ontario L3K 3C8

WNW.portcolborne.ca

Re: Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Colborne

Please be advised that, at its meeting of March 24, 2014, the Council of The Corporation of the City of Port Colborne resolved as follows:

Thal the correspondence received from Gary Matheson of Matheson's Drug Store (1825142 Ontario Inc.} Re Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Colborne, be referred to the Director of Planning and Development for a report.

Please contact Dan Aquilina, Director of Planning & Development, at 905-835-2900, ext. 203, or [email protected], should you have any questions.

Sincerely,

cc. D. Aquilina, Director of Planning & Development i/

Telephone: 905-835-2900 E-mall: [email protected] Fax:905-834-5746 150

From: To: Cc: Date: Subject:

Linda Lyrctte <[email protected]> [email protected], [email protected] 03/12/14 01 :20 PM. Agenda March 24, 2014

Good dny Ashley Grigg,

Would you please add Mr. Gary Matheson to the Agenda for March 24, 2014 concerning "Waiving of Development fees" fur the new building pr~ject (comer of Killaly ami Slcclc street).

Hopcfti!ly this is enough advance notification to be put onto U1e agenda to present his case to the council.

Sincerely, Linda Lyrcttc Bookkeeper Matheson's Drng Store 77 Clarence St Port Colborne, ON LJK 302

Tel: 905-835-0000 Fax: 905-835-1075

151

.~ "

1825142 Ontario Inc PO Box 32

City of Port Colbom RECFIVED

fflll NUH

1./11., ,_.~, ,:, ;)FFICF:

----·---- ------------------ tYiX Louncll --W,;:t '.d' ·•·'f~<U<' "{ "f

Port Colborne, ON L3K 5V7 {905) 835-0000

February 26, 2014

Mayor Vance Badawey and Council City of Port Colborne 66 Charlotte St Port Colborne, ON L3K 3C8

Dear Mr. Badawey and Council,

lfr"..;c ~r. r:::-""''' IEY'Action lteni 0 Qngoing l!rAcknowledg( 0 File

v .t..+•'-

We are contemplating building a medical centre at the corner of Steele Street and Killaly Street, Port Colborne. We are writing to see if you would waive the development charges for this.

This city is drastically In need of more healthcare especially since the Ministry of Health has announced that Port Colborne, Fort Erle and Welland former hospitals will be closed.

The followlng reasons are why we are asking this:

• Shortage of MD's and able to use funds to help attract physicians. One community has space offered at $100 per month rent to attract MD's to the site. (We realize the city offers $10,000 to help setup a private practise as per Joanne·Ferraccioli.)

• High percentage of older citizens whose family has moved away without a family doctor and unable to drive out of town.

• Future loss of ultra-sound and X-ray provision In this community with concurrent ability to make quick diagnosis. Will the seniors have to pay personally for this when transported out of town?

• Loss of quick analysis of blood samples with resultant lnablllty to clo a quick check on cardiae enzymes.

152

1825142 Ontario Inc PO Box 32

Port Colbarne, ON L3K 5V7 (905) 835-0000

--··-·-·----··-· ---------

There are a number of other reasons also why we would like you to consider waiving the development fees so they could be used to help maintain these services.

Hopefully you will give this your consideration.

Yours truly,

Gaiy Matheson

CC-Mr. Gaiy Burroughs, Chairman and Mr. David Barrick, Reg'1onal Councillor

153

I

I

154

POR. T COL!30R.NL


ENGINEERING AND OPERATIONS DEPARTMENT OPERATIONS DIVISION


SUBJECT: PORT COLBORNE DISTRIBUTION SYSTEM ANNUAL INSPECTION REPORT

1) PURPOSE:

This report, prepared by Darlene Suddard, Environmental Compliance Supervisor and authorized by Ron Hanson, Director of Engineering and Operations, has been prepared to inform Council of the results of the most recent inspection of the Port Colborne Distribution System, performed by the Ministry of the Environment


The Ministry of the Environment (MOE) has a rigorous and comprehensive inspection program for municipal residential drinking water systems. As such, the Port Colborne Distribution System (PCDS) is subject to an annual inspection. The inspections can be "announced" or "unannounced", and are conducted in a three year cycle. In year 1 and 2, the MOE Is required to do announced inspections, where Staff are provided with 1-2 weeks notice, and can ensure all the relevant information and personnel are made available. In year 3 of the cycle, the MOE performs an "unannounced" inspection, where Staff are provided with 1 to 2 days notice.

The City of Port Colbome's PCDS was subjected to an announced inspection in January 2013, covering the period from January 1, 2012 to December 31, 2012; this Inspection was year 1 of the three year inspection cycle.

The purpose of the annual inspection Is to determine the compliance of the operation and maintenance of the PCDS with the requirements under the Safe Drinking Water Act, 2002, associated regulations, and with the City's Municipal Drinking Water Licence and Drinking Water Works Permit.

It is a requirement under the Standard of Care Clause (Section 19 of the Safe Drinking Water Act, 2002), that Council, as the Owner of the PCDS, be provided with the information necessary to make decisions that could affect the water system. Therefore, by providing Council with the inspection results, this ensures Council is informed and helps meet Standard of Care responsibilities.

155


The 2014 inspection was an announced inspection and was year 2 of the three year inspection cycle, meaning that the 2015 inspection will be an unannounced inspection. The City was chosen for a focused inspection because the City had not received any orders over the past three years, and there were no system deficiencies. On February 4, 2014, a Drinking Water Program Inspector (Inspector) from the MOE, Niagara District Office, met with Doug Cressey, Utilities Supervisor and Overall Responsible Operator for the PCDS and Darlene Suddard, Environmental Compliance Supervisor to conduct an announced inspection of the PCDS. The inspection consisted of a full day of reviewing the documents and records for the PCDS on February 4, 2014. As this was a focused inspection, the Inspector did not collect samples.

An official Inspection Report, detailing any findings and the City's Inspection Rating was issued on March 14, 2014; a copy of the inspection has been provided in the Appendix.

The Inspector did not find any regulatory non-compliances during the inspection period; nor were any recommendations or best practices issued.

Once an inspection is completed, the MOE Inspector generates an Inspection Rating for the drinking water system; once again the Port Colborne Distribution System was awarded a rating of 100%.

Water Department Staff are committed to continuing to provide safe drinking water to all homes and businesses, and will use the recommendations and findings from the Inspection Report to improve the day-to-day operations and recordkeeping.


a) Do nothing. Not applicable, report is for information.

b) Other Options Not applicable, report is for information


Not applicable.

6) ATTACHMENTS

Port Colborne Distribution System, Drinking Water System Inspection Report, February 4,2014

Report No.: 2014-13 Page 2 of 3

156

7) RECOMMENDATION

That Council accept report 2014-13, Port Co/borne Distribution System Annual Inspection Report, for Information.

8) SIGNATURES

Prepared on March 26, 2014 by: Reviewed by:

~-4f~-Darlene Suddard Ron Hanson Environmental Compliance Supervisor Director, Engineering & Operations


Rob Chie Administrative Officer

Report No.: 2014-13 Page 3 of 3

157

Ministry of the Environment

Safe Drinking Water Branch

Niagara District Office 301 St. Paul St glh Floor, Suite 15 St. Catharines, Ontario L2R 3M8

March 14, 2014

Doug Cressey

Mlnlstere de !'Environnement

Direction du contr01e la qualitB de l'eau potable

Bureau du district de Niagara 301 rue St. Paul 9& etage, bureau 15 St. Catharines (Ontano) L2R3M8

The Corporation of the City of Port Colborne 11 King Street Port Colborne, ON L3K4E6

Dear Mr. Cressey:

Re: Port Colborne Distribution System Annual Inspection Report

("~ t "> r. Ontario

Please find enclosed a copy of the Final Inspection Report for the Port Colborne Distribution System.

Section 19 of the Safe Drinking Water Act (Standard of Care) creates a number of obligations for individuals who exercise decision-making authority over municipal drinking water systems. Please be aware that the Ministry has encouraged such individuals, particularly municipal councillors, to take steps to be better informed about the drinking water systems over which they have decisionmaking authority. These steps could include asking for a copy of this inspection report and a review of its findings. Further information about Section 19 can be found in "Taking Care of Your Drinking Water: A guide for members of municipal council" found under "Resources" on the Drinking Waler Ontario website at www.ontario.ca/drinkinawater.

The items found within the section entitled "Non-compliance with Regulatory Requirements and Actions Required" outline non-compliance with regulatory requirements contained within an Act, a Regulation, or site-specific approvals, licenses, permits, orders, or guidelines. Please ensure that the required actions are completed within the prescribed timeframe.

The items found within the section entitled "Summary of Best Practice Issues and Recommendations" provide information to the owner or operating authority outlining practices or standards established through existing and emerging industry standards that should be considered in order to advance current efforts. These items do not, in themselves, constitute violations. More recommendations are also provided within the body of the report.

In order to measure individual inspection results, the Ministry has established an inspection compliance risk framework based on the principles of the Inspection, Investigation & Enforcement (ll&E) Secretariat and advice of internal/external risk experts. The Inspection Summary Rating Record (!RR), included as an Appendix in this inspection report, provides the Ministry, the system owner and the local Public Health Units with a summarized quantitative measure of the drinking water system's annual inspection and regulated water quality testing performance. Please note the attached !RR methodology memo describing how the risk rating model has improved to better reflect the health related and administrative non-compliance found in an inspection report. !RR ratings are published (for the previous inspection year) in the Ministry's Chief Drinking Water Inspector's Annual Report. If you have any questions or concerns regarding the rating, please contact Dino Masiero, Drinking Water Program Supervisor, at (519) 873-6312.

158

Thank you for your assistance during the inspection. Please do not hesitate to contact me if you have any questions or concerns about the attached report.

Sincerely,

Brenda Beaudoin Provincial Officer #1001-Water Inspector Niagara District Office-Ministry of the Environment Phone: 905-704-2890 Email: [email protected]

Cc:

Darlene Suddard, Port Colborne Alphie Wolfe, Niagara Region Public Health Unit Glen Hudgin, Niagara Region Public Health Unit Brian Wright, Niagara Peninsula Conservation Authority District Office File

159

f'~ f > //r Ontario Ministry of the Environment

PORT COLBORNE DISTRIBUTION SYSTEM

Inspection Report

Site Number:

Inspection Number:

Date of Inspection:

Inspected By:

260001643

1-AOOBO

Feb 04, 2014

Brenda Beaudoin

160

r''r:

t?ontario Ministry of the Environment

Drinking Water System Inspection Report

TABLE OF CONTENTS:

OWNER INFORMATION

INSPECTION DETAILS

INSPECTION SUMMARY

NON COMPLIANCE WITH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED

SUMMARY OF BEST PRACTICE ISSUES AND RECOMMENDED ACTIONS

SIGNATURES

APPENDICES:

APPENDIX A STAKEHOLDER APPENDIX

APPENDIXB INSPECTION RA TING RECORD (IRR)

161

('~


Inspection Report

OWNER INFORMATION:

Company Name: PORT COLBORNE, THE CORPORATION OF THE CITY OF

Street Number:

Street Name:

City:

Province:

66 Unit Identifier:

CHARLOTTE St

PORT COLBORNE

ON Postal Code:

CONTACT INFORMATION

Type:

Phone:

Email:

Title:

Type:

Phone:

Email:

Title:

Type:

Phone:

Email:

Main Contact

(905) 835-5079

Name:

Fax:

[email protected] Environmental Compliance Supervisor

ORO

(905) 835-5079

[email protected] Utilities Supervisor

Niagara Public Health Unit

(905) 688-3762

[email protected]

Name:

Fax:

Name:

Fax:

L3K 3C8

Darlene Suddard

(905) 835-6800

Doug Cressey

(905) 835-6800

Glen Hudgin

Title: Manager, Environmental Health - Niagara Region Pubnc Health Unit

Type:

Phone:

Email:

Title:

Conservation Authority

(905) 788-3135 x253

[email protected]

Name:

Fax:

Manager, Watershed Technical Services

INSPECTION DETAILS:

Brian Wright

(905) 788-1121

Site Name: PORT COLBORNE DISTRIBUTION SYSTEM

Site Address:

County/District:

MOE District/Area Office:

Health Unit

Conservation Authority

MNROffice:

Category:

PORT COLBORNE

Port Colbome

Niagara District

REGIONAL NIAGARA PUBLIC HEALTH DEPARTMENT

Niagara Peninsula Conservation Authority

Niagara Regional Office

Large Municipal Residential

Report Generated for beaudobr on 13/0312014 (dd/mm/yyyy) Site#: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (dd/mm/yyyy)

Page 2 of9

162

f')r-.:


Inspection Report

Site Number:

Inspection Type:

Inspection Number:

Date of Inspection:

Date of Previous Inspect.ion:

COMPONENTS DESCRIPTION

260001643

Announced

1-AOOBO

Feb 04, 2014

Jan 22, 2013

Site (Name): Port Colbome Water Distribution System

Type: Other Sub Type:

Comments:

Other

The City of Port Colbome receives its supply of treated water from the Port Colbome Water Treatment Plant which is owned and operated by the Regional Municipality of Niagara and is subject to a separate inspection. The source water for this plant is taken from the Welland Canal.

Treated water from the Port Colbome Water Treatment Plant is distributed to appr:oximately 16,000 residents through approximately 100 kilometres of City, and 8 kilometres of Regional water mains which range in size from 100 mm to 600 mm. The system consists primarily of cast iron, asbestos concrete, polyvinyl chloride, ductile iron, and high pressure concrete piping throughout the City. There are approximately 592 fire hydrants and approximately 996 valves located throughout the system.

The Regional Municipality of Niagara owns and operates the water storage facilities in the City of Port Colbome, an elevated tank on King Street and a reservoir located on Fielden Avenue. There are two (2) municipal water filling depots located on Elm Street and Elizabeth Street as well as one (1) private filling station. The Elizabeth Street filling station is equipped with backflow prevention for the side filling line, and uses an air gap for top filling. The Elm Street and the private filling stations only offer top filDng, and both use air gaps to prevent backflow.

Site (Name):

Type:

Comments:

Not Applicable

MOE DWS Mapping

DWS Mapping Point

Report Generated for beaudobr on 13/03/2014 (dd/mmtyyyy) Site#: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (ddlmm/yyyy)

Sub Type:

Page 3 of9

163

r')h


Inspection Report

INSPECTION SUMMARY

INTRODUCTION

• The primary focus of this inspection is to confirm compliance with Ministry of the Environment legislation and authorizing documents such as Orders and Certificates of Approval, as well as evaluating conformance with Ministry drinking water related policies and guidelines during the inspect ion period.

This report is based on an inspection of a "stand alone connected distribution system". This type of system receives treated water from a separately owned "donor" system. This report contains all of the elements required to assess key compliance and conformance issues associated with a "receiver" system to ensure that the system was not being operated or managed in a "deficient" condition, as defined under 0 . Reg. 172103. The report does not contain items associated with the inspection of the donor system, such as source waters, intakes/wells and treatment facilities.

This drinking water system is subject to the legislative requirements of the Safe Drinking Water Act, 2002 (SOWA) and regulations made therein, including Ontario Regulation 170/03, "Drinking Water Systems" (O.Reg.170/03). This inspection has been conducted pursuant to Section 81 of the SOWA.

Your system was chosen for a focused inspection during this inspection cycle because inspection findings over the past three years were such that the number of violations were minimal or non existent, there were few or no orders issued to you that were of significance in the maintenance of water potability and there were no deficiencies as defined in 0. Reg. 172/03. The undertaking of a focused inspection at your drinking water system during this year's inspection cycle does not ensure that a similar type of inspection will be conducted at any point in the future.

This report covers the inspection period between January 1, 2013 and February 4, 2014.

TREATMENT PROCESSES

• The owner/operating authority was in compliance with the requirement to prepare Form 1 documents as required by their Drinking Water Works Permit during the inspection period.

There were two (2) Form 1 documents signed during this inspection period that were reviewed 1) Killaly Street Project and 2) Clarence Street Project and it appeared both documents met the requirements of Condition 3 of Schedule B of the Permit

The City is reminded about Condition 3.2.4.1 and 32.4.2 in the system's DWWP. If the City adds, modifies, replaces or extends a watermain that oonnects to another DWS then the City is required to seek written consent from the owner's delegate of the other DWS being connected to and retain a copy of that written consent as part of the record per condition 3.3.

TREATMENT PROCESS MONITORING

• The secondary disinfectant residual was measured as required for the distribution system.

The City of Port Colborne monitors the free chlorine residual in the distribution system utilizing tfle 4/3 option as allowed under section 7-2(4) 0 . Regulation 170/03. In 2013, the City monitored 12 locations on Tuesdays and 4 locations on Fridays however, in 2014 the City began monitoring 12 locations on Mondays and 12 locations on Thursdays.

D!SJR!BUTION SYSTEM

Report Generated for beaudobr on 13/0312014 (ddlmmtyyyy) Site#: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (dd/mm/yyyy)

Page 4 of 9

164

,..~


Inspection Report

Q!STR!BUT!ON SYSTEM

* Existing parts of the distribution system that were taken out of service for inspection, repair or other activities that may lead to contamination, and all new parts of the distribution system that came in contact with drinking water, were disinfected in accordance with Schedule B, Condition 2.3 of the Drinking Water Works Permit.

* Based on the records available the owner was able to maintain proper pressures in the d istribution system.

The Oity has a section of the distribution system that has a static pressure of approximately 58 psi however, during fire flow conditions the actual pressure drops to around 6-8 psi. The fire department is aware of the pressure issues in that area and proceed to use tankers when required. The City has submitted a capital program application to the Small, Rural and Northern Municipal Infrastructure Fund to complete a rehabilitation project to help improve pressures.

OPEBATIONS MANUALS

* The operations and maintenance manuals contained plans, drawings and process descriptions sufficient for the safe and efficient operation of the system.

• The operations and maintenance manuals did meet the requirements of the Permit and Licence or Approval issued under Part V of the SOWA.

The City is currently updating SOP #C9.2 "Drinking Water Quality Complaints" to ensure the wording is accurate and reflects the regulatory requirements when performing sampling within a private residence.

LOGBOOKS

* Records or other record keeping mechanisms confirmed that operational testing not performed by continuous monitoring equipment was being done by a certified operator, water quality analyst, or person who suffices the requirements of 0. Reg.170/03 7-5.

CERIIFlCA!ION ANO TRAINING

* The overall responsible operator had been designated for each subsystem.

* Operators in charge had been designated for all subsystems which comprised the drinkingwater system.

WATER QUALITY MONITORING

* All microbiological water quality monitoring requirements for distribution samples were being met.

The City samples twelve (12) locations throughout the distnbution system on a weekly basis. The number of samples taken on a monthly basis exceeds the requirements of the legislation.

* AH triha!omethanes water quality monitoring requirements prescribed by legislation were conducted within the required frequency.

Trihalomethane samples were collected on a quarterly basis and the running annual average was below the standard prescribed by Schedule 2 of the Ontario Drinking Water Quality Standards.

Report Generated for beaudobr on 1310312014 (dd/mm/yyyy) Site#: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (ddlmm/yyyy)

Page 5 of 9

165

"~ t?ontario

Ministry of the Environment Inspection Report

WATER QUALITY MONITORING

* All sampling requirements for lead prescribed by schedule 15.1of 0. Reg.170/03 were being met.

The City is exempt from plumbing sampling unless the City receives written direction from the Director advising otherwise. The City is however, required to sample the system's distribution system as per section 15.1-5(10). This would require the Town to test for pH and total alkalinity during each of the two (2) sampling periods described in section 15.1-5(5) in every 12-month period and test for lead during each of the two (2) sampling periods in every third 12 month period which would begin the winter of 2015. The City completed the required pH and alkalinity testing during this inspection period.

* Records confirmed that chlorine residual tests were being conducted at the same time and at the same location that microbiological samples were obtained.

WATER QUALITY ASSESSMENT

* Records show that water sample results taken during the review period met the Ontario Drinking Water Quality Standards (0. Reg. 169/03), with the following exceptions:

There were two (2) microbiological samples taken in the distribution system that came back; both with a total coliform of 1 cfu and four (4) low free chlorine residuals (<0.05 mg/L). The City took the appropriate corrective actions. All resamples were taken and the results came meeting the regulatory requirements. No further actions were required by the Health Unit and the issues were resolved.

REPORTING & CORRECTIVE ACTIONS

* Corrective actions (as per Schedule 17) had been taken to address adverse conditions, including any other steps that were directed by the Medical Officer of Health.

* All required notifications of adverse water quality incidents were immediately provided as per 0. Reg.170/0316-6.

* All changes to the system registration information were provided within ten (10) days of the change.

Report Generated for beaudobr on 13/0312014 (dd/mm/yyyy) Site #: 260001643 PORT COL.BORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (ddlmm/yyyy)

Page 6 of 9

166

r'):-::


Inspection Report

NON-COMPLIANCE WITH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED

This section provides a summary of all non-compliance with regulatory requirements identified during the inspection period, as well as actions required to address these issues. Further details pertaining to these items can be found in the body of the inspection report.

Not Applicable

Report Generated for beaudobr on 13/0312014 (dd/mm/yyyy) Site #: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (dd/mmfyyyy)

Page 7 of9

167

r'~


Inspection Report

SUMMARY OF RECOMMENDATIONS AND BEST PRACTICE ISSUES

This section provides a summary of all recommendations and best practice issues identified during the inspection per1od. Details pertaining to these items can be found in the body of the inspection report. In the interest of continuous improvement in the interim, it is recommended that owners and operators develop an awareness of the following issues and consider measures to address them.

Not Applicable

Report Generated for beaudobr on 13/0312014 (dd/mrn/yyyy) Site#: 260001643 PORT COLBORNE DISTRIBUTION SYSTEM Date of Inspection: 04/0212014 (dd/mmlyyyy)

Page 8 of9

168

r'~

t "> r Ontario Ministry of the Environment

Inspection Report

SIGNATURES

Inspected By: Signature: (Provincial Officer):

Brenda Beaudoin

Reviewed & Approved By: Signa ure: (Supervisor):

Dino Masiero ,___.__~1.\-~~-·o

l4 /~<>14 Review & Approval Date:

Note: This inspection does not in any way suggest that there is or has been compliance with applicable legislation and regulations as they apply or may apply to this facility. It is, and remains. the responsibility of the owner and/or operating authority to ensure compliance with all applicable legislative and regulatory requirements.

Repor1 GEnerated ror beaucobr on 1:li'OJ/Z014 (cd/rr.mlyyyy) Sile#: 260001643 PORT COLBORNE OISTRIBUTlotJ SYSTEM

Date or Inspection: C4/02/2014 (ddfmrniY)yy)

Page 9 of9

169

('~ ~ "> t,;r Ontario Ministry of the Environment


APPENDIX A

STAKEHOLDER APPENDIX

170

June 2012

Key Reference and Guidance Material for Municipal Residential Drinking Water Systems Many useful materials are posted on the Ministry of the Environment's Dl'inking Wnter Ontaiio website at www.ontnrio.ca/drinkingwater to help in the operation of yotu- drinking water system.

Below is a list of key materials frequently used by owners and operators of municipal drinking water systems. To read or download these materials, go to Drinking Water Ontario and search in the Resources section by Publication Number.

VIBit Drinking Water Ontario for more useful materials. Contact the Public Infon11ation Centre if you need assistance or have questions at 1-80()...565-4923/416-325-!000 or [email protected].

f:llr:l1lrM'•' I [I] >'U>' llJ,', I :~ :I :I .. [illm1I , .... ,I [tffiijiiY3

----------

4448e01 Procedure for Disinfection of Drinking Water in Ontario

--- i>erc.no

7152e Strategies for Minimizing the Disinfection Products Trihalomethanes and Hatoacetic Acids

7467 Filtration Processes Technical Bulletin

7685 Ultraviolet Disinfection Technical Bulletin

8215 Total Trihalomethane (TTHM) Reporting Requirements Technical Bulletin (February 2011)

2601e Overview Guide: Municipal Drinking Water Licensing Program

0000 Municipal Drinking Water Licensing Program Bulletin, Issue 1, January 2011

0000 Certification Guide for Operators and Water Quality Analysts

6560e Taking Samples for the Community Lead Testing Program

7423e Community Sampling and Testing for Lead: Standard and Reduced Sampling and Bigibility for Exemption

7128e Drinking Water System Contact List

4449e01 Technical Support Document for Ontario Drinking Water Quafrty Standards

ontario.ca/drinkingwater

PIBS8990b £~

?ontario 171

Juin 2012

Principaux guides et documents de reference sur les reseaux residentiels municipaux d'eau potable Beaucoup de documentation sur le fonctionnement d'un reseau d'eau potable se trouve sur le site Web du ministere de l'Environnement.

Vous trouverez ci-dessous la liste des principaux documents que les proprietaires et les exploitants de reseaux municipaux d' eau potable utilisent frequemment. Pour lire ou telecharger ces documents, allez sur le site Web du ~linistere, et effectuez une recherche par m.unero de publication dans la section RESSOURCES.

---·------------·-- ---------

___ £>Qui)

Consultez le site d'Enu potable Ontario pour ou au -116 325-!000, ou encore a picemnil.moe@ obtenir d'autre documentation. Conmmniquez avec ontnrio.ca si vous m·ez des questions ou besoin le Centre d 'information du public au 1 800 565-1923 d'aide.

1~1IJ.',l:t:{e»a1:u:nT:TI.(1., ·llleJ.-1

4448101

7152e

7467

7685

8215

2601f

0000

0000

6560f

7423f

7128f

4449f01


PIBS8990b

• I r:Ilr:1l.lr.l'.' H.] " I . • , ... Marthe a suivre pour desinfecter l'eau portable en Ontario Strategies for Minimizing the Disinfection Products Trihalomethanes and Haloacetic Acids (en anglais seulement) Filtration Processes Technical Bulletin (en anglais seulement)

Ultraviolet Disinfection Technical Bulletin (en anglais seulement)

Total Tlihalomethane (TTHM) Reporting Requirements Technical Bulletin (fevner 2011) (en anglais seulement)

Guide general -Programme de delivrarx:e des pennis de reseaux mtmicipaux d'ea.i potable

BuDetin du Programme des pennis de reseaux municipaux d'eau potable, numero 1, janvier 2011 Guide sur l'accreditation des exploitants de reseaux d'eau potable et des analystes de la qualtte de l'eau de reseaux d'eau potable

Prelevement d'echantillons dans le cadre du programme d'anatyse de la teneur en plomb de reau dans les collectivites

Echantillonnage et analyse du plomb dans les collectivites : echantillonnage normalise ou reduit et admissibilite a rexemption

Liste des personnes-ressources du reseau d'eau potable

Document d'aide technique pour res normes, directives et objectifs associes a la qualite de l'eau potable en Ontario

"> Ontario 172

('~

t :> r- Ontario Ministry of the Environment


APPENDIX B

INSPECTION RATING RECORD (IRR)

173

April 2012

APPLICATION OF THE

RISK METHODOLOGY USED FOR MEASURING MUNICIPAL RESIDENTIAL DRINKING WATER SYSTEM INSPECTION RESULTS

The l\Iinistry of the Environment (MOE) has a results since fiscal year 2008-09. The primary

rigorous and comprehensive inspection program goals of this assessment are to encourage ongoing

for municipal residential drinking water systems improvement of these systems and to establish a

(l\IRDWS). Its objective is to determine the way to measure this progress.

compliance of l\lRDWS with requirements under

the Safe Drinking Water Act and associated MOE reviews the risk rating methodology every

regulations. It is the responsibility of the municipal three years.

residential drinking water system owner to ensure

their chinkilig water systems are in compliance

with all applicable legal requirements.

The ~Iinistry's Mmtlcipal Residential Drinking

Water Inspection Protocol contains 15 inspection

modules consisting of approximately 100 regulatory

This document describes the risk rating questions. Those protocol questions are also linked

methodology, which has been applied to the to definitive guidance that ministry inspectors use

f'mdings of the Ministry's l\IRDWS inspection when conducting l\.IRDWS inspections.


""~ t --:> r. Ontario PIBS6797e 174

The questions adckess a wide range of regulatory Determining Potential to Compromise issues, from administrative procedm·es to drinking the Delivery of Safe Water water quality monitoring. The inspection protocol

also contains a number of non-regulatory questions.

A team of drinking water specialists in the ministry

assessed each of the inspection protocol regulatory

questions to detennine the iisk (not complying with

the regulation) to the delive1y of safe drinking water.

This assessment was based on established provincial

risk assessment principles, with each question re-

The risk management approach used for MRDWS

is aligned with the GoYemment of Ontario's Risk

l\Ianagement Framework. Risk management is a

systematic approach to identifying potential hazards,

understanding the likelihood and consequences of

the hazards, and taking steps to reduce their iisk if

necessruy and as approp1fate.

ceiving a risk rating ref erred to as the Question Risk The Risk l\lanagement Framework provides a formu-

Rating. Based on the mm1ber of areas where a system

is deemed to be non-compliant during the inspection,

and the significance of these areas to administrative,

environmental, and health consequences, a risk

based inspection rating is calculated by the ministry

for each drinking water system.

It is importru1t to be aware that an inspection roting

less than 100 per cent does not mean tl1e drinking

water from the system is mlsafe. It shows areas

where a system's operation can improve. The ministry

works with owners and operators of systems to make

sure they know what they need to do to achie\e full

compliance.

The inspection rating reflects the inspection results

of the specific drinking water system for the report

ing year. Since the methodology is applied consis

tently o\·er a period of years, it sen·es as a compara

tive measure both pro\incially and in relation to the

individual system. Both fue drinking water system

and the public are able to b-acl: the performance over

time, which encom-ages continuous inl.provement

and allows systems to identify specific areas requir

ing attention.

The ministry's annual inspection program is an im

poliant aspect of our drinking water safety net. The

ministry and its partners share a common commit

ment to excellence and we continue to work toward

the goal of 100 per cent regulatory compliance.

2 APPUCATION OF RISK t.ETHOOOLOGY

la to be used in the detennination of risk:

RISK = LIKELIHOOD x CONSEQUENCE (ol .. ~)

Every regulatory question in the inspection proto

col possesses a likelihood value (L) for an assigned

consequence value (C) as described in Table 1 and

Table 2.

TABLE 1:

Ukelhood of Consequence occumg Uklllhood Yalue

0% - 0.99% (Possible but Highly Unlikely) l=O

1 -10% (Unlikely) L=1

11 - 49% (Possible) l=2

50 - 89% (Likely) L=3

90 - 100% (Almost Certain) l=4

TABLE 2:

Consequence Consequence Value

Medium Administrative Consequence C=l Major Administrative Consequence C=2 Minor Environmental ConSE!(JJence C=3

Minor Health Consequence C=4 Medium Environmental Consequence C=5 Major Environmental Consequence C=6 Medium Health Consequence C=7 Major Health Consequence C=8

175

The consequence values (0 tlu·ough 8) are selected The Question Risk Rating quantifies the risk of

to align witl1 other risk-based programs and projects non-compliance of each question relative to the

currently w1der development or in use within the others. Questions \vith higher values ru·e those with

ministry as outlined in Table 2. a potentially more significant impact on drinking

water safety and a higher likelihood of occun-ence.

The Question Risk Rating for each regulatory in- The highest possible value would be 32 (-lx8) and the

sp ection question is derived from an evaluation of lowest would be 0 (Oxl ).

every identified consequence and its correspond-

ing likelihood of occurrence:

• All levels of consequence are evaluated for

their potential to occur

• Greatest of all the combinations is selected

TABLE3:

Tnble 3 presents a sample question shO\\'ing the

risk rating determination process.

Does the Operator In Charge ensure that the equipment and processes are monitored, Inspected and evaluated?

Risk = Likllllood JC Consequence

C=l C=2 C=3 C=4 C=5 C--6 C=7 C=8

MedUn Major Minor Minor Medium Major ......... Major Administrative Administrative Environmental Health Environmental Environmental Heath Health Consequence Consequence Consequence Consequence Consequence Consequence ('.onsequence Consequence

l=4 l=1 l=2 l=3 L=3 l=l L=3 l=2 (Almost

Certain) (Unlikely (Possible) (likely) (Likely) (Unlikely (likely) (Possible)

R=4 R=2 R::6 R=12 R=15 R::6 R=21 R=16

Application of the Methodology to Inspection Results

Based on the results of a ~IRDWS inspection, an The risk ratings of all non-compliant answers are

o·rnrall inspection risk rating is calculated During an swnmed and dhided by the sum of the risk ratings

inspection, inspectors answer the questions related of all questions asked (maximum question rating).

to regulatory compliance and input their "yes"', "no" TI1e resulting inspection risk rating (as a percentage)

or "not applicable" responses into the Ministry's is subtracted from 100 per cent to arrive at the final

Laboratory and Waterworks Inspection System inspection rating.

(LWIS) database. A "no" response indicates non-

compliance. The maximtm1 number of regulatory

questions asked by an inspector Yaries by: sy-stem

(I.e., distribution, stand-alone); type of inspection (i.e.,

focused, detailed); and source type (i.e., groundwater,

smface water).

APPLK'ATIOO ci= RISK METHOO<l.OGY 3

176

Application of the Methodology for Public Reporting

The individual l\ffiDWS Total Inspection Ratings are Figure 1 presents the distribution of l\ffiDWS ratpublished with the ministry's Chief D1inking Water ings for a sample of annual inspections. Individual Inspector's Annual Report. drinking water systems can compare against all the

other inspected facilities over a period of inspection yems.

Figure 1: Year Over Year Distribution of MRDWS Ratings 700

Cl) (!) z

600

500

~ 400 a: z 0

t ~ 300 Cl) z u. 0

ffi 200 IXI ~ ::> z

100

18 13 5 7 7 12 16 8 12 9

5% RATING BANDING BY YEAR

YEAR A • YEAR B • YEAR c. YEAR 0 • YEAR E D 100% Rating

Reporting Results to MRDWS Owners/Operators

512 538 572 586 585

>95~ to 100%

A summary of inspection findings for each system which would pro\ide the system owner/operator is generated in the form of an Inspection Rating with information on the areas where they need to Record (IRR). The findings are grouped into the improve. The 15 modules are: 15 possible modules of the inspection protocol,

1. Source 5. Treatment Process 9. Logbooks 13. Water Quality Monitoring

2. Permit to Take Water Monitoring 10. Contingency and 14. Reporting, Notification

3. Capacity Assessment 6. Process Wastewater Emergency Planning and c:orrective Actions

4. Treatment Processes 7. Distribution System 11. Consumer Relations 15. Other Inspection Findings

a. Operations Manuals 12. Certification and Training

For further information, please visit www.ontario.ca/drinkingwater

4 APPlK:AroN OF RISK t-E1tt00Cl.OGY

177

Ministry of the Environment - Inspection Summary Rating Record (Reporting Year - 2013-2014)

DWS Name: PORT COLBORNE DISTRIBUTION SYSTEM DWS Number: 260001643

DWS Owner: Port Colbome, The Corporation Of The Oty Of Municipal Location: Port Colbome

Regulation: O.REG 170/03 category: Large Municipal Residential System

Type Of Inspection: Adhoc Inspection Date: February 4, 2014

Ministry Office: Niagara District

Inspection Module

Treatment Processes

Distribution System

Operations Manuals

Logbooks

Certification and Training

Water Quality Monitoring

Reporting & Corrective Actions

Treatment Process Monitoring

Maximum Question Rating: 202

Non-compliance Rating

0/4

0 / 21

0 / 28

0/14

0/ 14

0/ 51

0/49

0 / 21

TOTAL 0/202

I Inspection Risk Rating I 0.000/o I I FINAL INSPECTION RATING: I 100.00°10 I

Inspection Rating Record Generated On 14-MAR-14 (Inspection ID: 1-AOOBO).

178

Ministry of the Environment - Detailed Inspection Rating Record (Reporting Year - 2013-2014}

DWS Name: PORT COLBORNE DISTRIBUTION SYSTEM DWS Number: 260001643

DWS Owner: Port Colbome, The Corporation Of The City Of Municipal location: Port Colbome

Regulation: O.REG 170/03 Category: Large Municipal Residential System

Type Of Inspection: Adhoc Inspection Date: February 4, 2014

Ministry Office: Niagara District

Maximum Question Rating: 202

I inspection Risk Rating I 0.000/o I I FINAL INSPECOON RATING: I 100.00010 I

Inspection Rating Record Generated On 14~MAR-14 (Inspection m: 1-AOOBO).

179

I

II·' ~ ''! - -PORT COL.130RNE


Department: Chief Administrative Officer Division: Health Services


SUBJECT: Name Change of Physician Recruitment Committee

1) PURPOSE:

This report is prepared at the direction of the Port Colborne Physician Recruitment, Retention and Medical Education Committee, in order that Council considers amending By-Law 4876/101/06 known as the "Port Colborne Physician Recruitment, Retention and Medical Education Committee" and changing it to the "Port Colborne Medical Education, Recruitment and Health Services Committee". The Committee further recommends that all operations and committee membership in accordance with the policy of Council be changed accordingly.


In order to better reflect the work of this committee and its successes in piloting and implementing several ancillary health service programs, the committee feels the name change will better suit the needs of the community. The committee currently recruits and educates Physician Assistants, Nurse Practitioners and Physicians.


In the past several years, the committee has successfully recruited physicians, nurse practitioners, medical students and physician assistants. As the scope work of the committee reaches far beyond just physician recruitment, retention and medical education, the committee requires a name that reflects their current efforts. As well, as application is made for different Ministry grants and funding, the committee's name needs to reflect the correct governance of such.

This change is recommended for Council's consideration.


a) Do Nothing:

Doing nothing would mean that the committee's name would not reflect its current scope of work and efforts.

b) Other Options:

Not applicable.

Health Services Department, Report No. 1 Page 1

181


As Health Care initiatives continue to be part of our Strategic Plan, we need to ensure equitable health care for all of the citizens of Port Col borne.

6) ATTACHMENTS:

None

7) RECOMMENDATION:

That Council approves an amendment to By-Law No. 4876/101/06 changing the name of the Port Colborne Wainfleet Physician Recruitment, Retention and Medical Education Committee to the Port Colborne Medical Education, Recruitment and Health Services Committee and that all necessary changes are in accordance to the policy of Municipal council.

That Council approves an amendment to By-Law No. 4876/101/06 changing the appropriate members of the committee to include only council approved citizens of Port Colborne.

That the Clerk be authorized and directed to prepare and present the appropriate Bylaw.

8) SIGNATURES

Prepared on March 31 5\ 2014:

~,;:J;-VCtrA'.~ Joanne Ferraccioli Health Services Coordinator

d Respectfully Submitted:

eil inistrative Officer

Chief Administrative Officer, Health Services Division, Report No. 2014-1 Page 2of2

182

I MUM Department: Community & Corporate Services

PORT COLl30RNE


Subject: Lease of Site A

11 PURPOSE:

This report was prepared to request Council to consider and approve the authorization of the farming and maintaining property known as Site A for the year 2014, with an annual option to renew.

21 HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES

In 2007, a lease agreement was entered into with Indian Creek Acres Ltd. to farm the property known as Site A, west of Highway 140 and north of Forkes Road East. This area was farmed until the end of 2013 under the current lease agreement.

in 2014, Mr. Jeff Stam, Stam Acres Limited, contacted the City of Port Colborne, advising that he had taken over the farming of lands previously done by Indian Creek Acres Ltd. As the previous lease is not transferable, Mr. Stam is prepared to enter Into the same lease agreement for 2014 and beyond.

31 STAFF COMMENTS AND DISCUSSIONS

Further to Mr. Stam contacting staff in early March 2014, Mr. Cecil Vincent, Manager of Special Projects and Corporate Strategic initiatives has advised that potential development has recently arised respecting Site 'A', and after consultation with legal counsel and the potential developer, that permission be granted to farm the property based on the existing agreement in place. The agreement allows for a termination of the agreement if the property is to be developed and written notice is provided within 30 days.

41 OPTIONS AND FINANCIAL CONSIDERATIONS

al Do nothing - Leave the property vacant. bl Prepare an agreement for one year with Stam Acres Limited, with an

annual option to renew, subject to development of the property. A Certificate of insurance must be provided naming the City as additional insured as per the agreement.

COMMUNITY & CORPORATE SERVICES REPORT NO. 2014-12 Page 1

183

51 COMPLIANCE WITH STRATEGIC PLAN INITIATIVES

61 ATTACHMENTS:

al Letter from Stam Acres Limited bl By-law to Authorize leasing property known as Site 'A' to Stam Acres

Limited. cl Lease agreement.

71 RECOMMENDATION:

1/ That Council authorize the entering into a lease agreement with Stam Acres Ltd. for the express purpose of farming Site A for 2014, with an annual option to renew, subject to development of the property.

21 That the Mayor and City Clerk be authorized to execute the appropriate by-law to enter into the lease agreement.


Annette Molenaar Administrative Assistant Corporate Services


~~-:::::;, Robert J Heil Chief A ministrative Officer

Alt.

Reviewed by:

.• ,,,_.. . ,,,-, ~ ,,,::.·-· __::::z::.;- . Peter Senese Director of Community & Corporate Services/City Treasurer

COMMUNITY & CORPORATE SERVICES REPORT NO. 2014-12 Page 2

184

THE CORPORATION OF THE CITY OF PORT COL BORNE

BY-LAW NO.---------

BEING A BY·LAW TO AUTHORIZE THE LEASE OF PART OF LOTS 17 AND 18, CONCESSION 5

FORMER TOWNSHIP OF HUMBERSTONE NOW THE CITY OF PORT COLBORNE

TO STAM ACRES LIMITED

WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a

municipality has the capacity, rights, powers and privileges of a natural person for the

purposes of exercising its authority under the Act or any other Act;

AND WHEREAS Council approved the recommendation of Community and

Corporate Services Report No. 2014-12, Lease of Site A, at its meeting of April 14, 2014;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY

OF PORT COLBORNE ENACTS AS FOLLOWS:

1. That the Council of the Corporation of the City of Port Colborne authorize the

entering into a lease agreement with Stam Acres Limited for the lands described

and on the terms and conditions contained in the lease agreement attached as

Schedule 11A" hereto.

2. That the Mayor and Clerk be authorized and directed to do all things necessary to

give effect to this By-law and to execute all documents as may be necessary in that

behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal

to all such documents.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 141•

DAY OF APRIL, 2014.

Vance Badawey MAYOR

Ashley Grigg CITY CLERK

Schedule "A" 185

THIS LEASE made this day of

BETWEEN:

The Corporation of the City of Port Colborne,

collectively hereinafter called "LESSOR" ,

OF THE FIRST PART,

-and-

2014

Stam Acres Limited, in the City of Port Colborne, the Regional Municipality of Niagara, Province of Ontario,

Hereinafter called "LESSEE',

OF THE SECOND PART,

WITNESSETH that the Lessor, in consideration of the rents, covenants, provisoes and conditions hereinafter reserved and continued, doth demise and lease unto the Lessee:

ALL AND SINGULAR that certain parcel or tract of Welland Canal reserve land situate and lying in the City of Port Colborne, Regional Municipality of Niagara, Province of Ontario, and being composed of Part of Lots 17 and 1 B, Concession 5 for the former Township of Humberstone, in the County of Welland, and which said lands may be more particularly described as follows:

BEGINNING at the southeasterly corner of said Lot 17, Concession 5;

THENCE northerly in and along the easterly limit of said Lot 17, 106.13 feet to a point therein and which said point is the point of commencement of the parcel described herein;

THENCE westerly in and along a curve marking the north limit of an abandoned railway bed 3300.0 feet, more or Jess to a point in the westerly limit of Lot 18, Concession 5;

THENCE northerly in and along the said westerly limit 900.0 feet more or less to a point therein;

THENCE easterly, 3200.0 feet more or Jess to a point in the easterly limit of Lot 17;

THENCE southerly in and along the said easterly limit, 1400.0 feet more or Jess to the point of commencement.

CONTAINING by admeasurement an area of 85.0 acres more or Jess, the location of said land being indicated margined in yellow on Plan No. W. C. 80-18 hereto annexed.

TO HAVE AND TO HOLD the said land unto the Lessee from and after the 1st day of 2014 until and including the 31st day of December, 2014, subject to clause 13 and an annual option to renew.

Rental:

YIELDING AND PAYING therefore, invariably in advance 1'1 day of January, for each year, rent or sum of FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500.00) per annum, plus applicable taxes, to be made at or immediately before the delivery of these presents.

The annual rent payable by the Lessee hereunder shall be increased on an annual basis by the percentage increase in the Consumer Price Index for Ontario (All Items) published by Statistics Canada (the "Index"), as hereinafter set forth. If the Index increases as of• January 1 '1 of any lease year (the "Index Date"), the annual rent for the Lease Year commencing after the Index Date shall be increased by the percentage of increase in the Index and so on from year to year during the initial Term and any Extended Term. It is understood and agreed by the parties that in the event that: (i) there is a reduction in the Index as at the Index Date, the Lessee shall not be entitled to a reduction in annual rentfor the next succeeding Lease Year of the Initial Term or any Extended Term; and (ii) the Index is no longer published at anytime during the Initial Term or any Extended Term, then the CITY shall, in its sole discretion, use such other price index it determines appropriate for the adjustments to be made.

186

IT IS AGREED by and between the said parties hereto that these presents are made and executed upon and subject to the covenants, provisoes, conditions and reservations hereinafter set forth and contained, and subject to the covenants, provisoes, conditions and reservations contained in the appendix hereto, and that these are to be strictly observed, performed and complied with, namely:

Pumose:

1.1 The said land shall be used for the following purposes, namely: Agricultural land shall not be used for any other purposes, except as expressly permitted by the Lessor in writing. The Lessee shall not hold the Lessor responsible should the purpose of this lease for any reason whatsoever not be fulfilled, nor shall it be entitled to any abatement of rent in such case.

1.2 Lessee will keep up all fences, perform all statute labour and Lessee will not cut down any trees or timber of any kind.

1.3 The Lessee will not carry on any agricultural practices that shall be deemed by the Lessor to be a nuisance on the said premises.

1.4 The Lessee will, during the said term, cultivate, till, manure and employ such parts of the said premises as are now or shall hereafter be brought under cultivation in a good farmer-like and proper manner and will, in like manner, crop same in a regular rotation of crops so as not to impoverish, depreciate or injure the soil, and wi,11 plow the lands in each year during the said term and at the end of the said term will leave the said land so manured as aforesaid.

1.5 Lessee will mow the grass along the fences and boundaries and in the fence corners and boundary corners on the said land and will keep down all noxious weeds and grass which shall grow upon the said premises on the sides of any roads or highways adjacent thereto, and will not sow or permit to be sown any grains infested by smut or containing any foul seeds or noxious weeds and will not suffer or permit any such foul seeds or noxious weeds to go to seed on the premises.

1.6 If, at any time during the said term, the Lessee shall neglect to pull up or otherwise destroy or prevent from going to seed on the said land any noxious weeds or grasses growing thereon and which are reasonably within the power and duty of the Lessee so to pull up or otherwise destroy, or prevent from going to seed, the Lessor may, by notice in writing, require the Lessee within forty-eight (48) hours after the service of such notice, to pull up or otherwise destroy or prevent from going to seed, and on default of the Lessee so doing, the Lessor may enter upon the said lands with labourers and do the work by the said notice required to be done by the Lessee, and all costs, charges and expenses of or incidental thereto shall be added to the rents hereby reserved and shall be recoverable in like manner as rent reserved, but this provision shall not in any way Impair or abridge the right of re-entry by the Lessor on non-performance of covenants. This clause shall not supersede the provisions contained in the Weeds Control Act, as amended from time to time.

1.7 The Lessee will keep the mouths of all under drains on the said premises open and free from obstruction and in good running order at all times during the said term and will not suffer or permit such drains or the water courses in any open ditches on said premises to become obstructed, but will constantly keep the same free and clear for the escape of water flowing therein.

1.8 The Lessee will carefully protect and preserve all orchard fruit and shade and ornamental trees on said premises from waste, injury or destruction, and will carefully prune and care for all such trees as often as they require it, and will not suffer or permit any horse, cattle or sheep to have access to any orchard on the said premises.

1.9 The Lessee will allow any incoming tenant or purchaser to plow the said lands after harvest and to have access to the said lands for all reasonable purposes in connection with any future occupancy by such incoming tenant.

187

2. The Lessees shall pay or cause to be paid all rates, taxes and assessments of whatsoever description that may, at any time during the existence of these presents, be lawfully imposed or become due and payable upon or in respect of the said land and premises, or any part thereof.

Compliance with the Law:

3. The Lessee shall in all respects abide by and comply with all lawful rules, regulations and by-laws of the Provincial Government, municipalities and other governing bodies and agencies in any manner affect the said land and premises.

Assignment:

4. The Lessee shall not make any assignment of these presents, nor any transfer or sublease any of the lands, rights or privileges demised or leased hereunder, without obtaining the consent in writing of the Lessor to such assignment, transfer or sublease.

Distress:

5. The Lessee covenants and agrees with the Lessor that in consideration of the premises and of the leasing and letting by the said Lessor to the Lessee of the lands and premises for the term hereby created, that notwithstanding anything contained in Section 30 of the Landlord and Tenant Act or any other section of the said Act, or any other statute which may hereafter be passed to take the place of the said Act, or to amend the same, that none of the goods or chattels of the said Lessee at any time during the continuance of the term hereby created, on said demised premises, shall be exempt from levy by distress for rent in arrear by said Lessee as provided for by section or sections of the said Act above named or any amendment or amendments thereto, and that upon any claim being made for such exemption by said Lessee or on distress being made by the said Lessor, this covenant and agreement may be pleaded as an estoppal against the said Lessee in any action brought to test the right to the levying upon any such goods as are named as exempted in said section or sections, or amendment or amendments, thereto. Said Lessee waiving, as it hereby does, all and every benefit that could or might have accrued to it under and by virtue of the said section or sections of the said Act or any amendment or amendments thereto, but for the above covenant.

Reservation:

6.1 The Lessor shall, at all times and for all purposes, have full and free access to any and every part of the said land and premises and it reserves the right to license third parties to use or to enjoy privileges, which will not unduly interfere with the Lessee's use and enjoyment of the land and premises and the Lessee shall not, at any time during the currency of this lease, do, cause or allow anything which will interfere with these rights or the enjoyment of any license thereunder.

6.2 Without in any way limiting the generality of the foregoing, the Lessee acknowledges that the Lessor, its agents, subcontractors and assigns and any and all government agencies, shall be entitled to have access to the said lands for the purpose of the completion of any environmental and/or planning studies and testing required in conjunction with the Lessor's proposed use of the land for development purposes and that the Lessor, its agents, successors and assigns and any agency required to perform any such tests on the said lands and premises, shall not be liable for any damage or loss which the Lessee may suffer as a result of such entry onto the premises and any tests so performed. Notwithstanding the foregoing, in the event that the lessee suffers any damage to its existing and standing crops by any entry onto the lands for the purposes of the completion of the hydro geological or other studies which will be required, the lessor shall be liable to the lessee for the actual crop damage suffered, but such liability shall be limited to a sum per acre for each acre of crops actually damaged by such testing, such sum to be determined using the expert advice of the Ministry of Agriculture and Food.

Risk of Lessee:

7 .1 The Lessees shall not have any claim or demand against the Lessor for detriment, damage or injury of any nature to the said land or to any building, structure, materials, supplies, articles, effects or things at any time erected, brought, placed, made or being upon the said land and premises and rental herein reserved shall be payable without any abatement or deduction whatsoever. 188

7 .2 Any damage which may, during that existence of this lease, be occasioned to the property of the Lessor, or any part thereof, or works connected therewith, by reason or on account of the execution of these presents or of anything done as a result thereof, shall Immediately, upon notice from the Lessor or its duly authorized agent, given either verbally or In writing, be repaired, rebuilt, replaced or restored by the Lessee to the entire satisfaction of the Lessor, or the Lessor, at its option, may repair such damage, in which case the Lessee shall, upon demand, forthwith repay and reimburse the Lessor for all costs and expenses connected therewith or incidental thereto.

Indemnity:

8. The Lessee shall at all times indemnify and save harmless the Lessor from and against all claims, demands, loss, costs and expenses, in any manner based upon, arising out of or connected with the existence of this lease or anything done or maintained hereunder.

Right of Re-entrv:

9. If the rent above reserved, or any part thereof, shall be in arrears for thirty days, whether or not the same shall have been in any manner demanded, or, if the Lessee at any time makes or suffers a breach or non-observance of any covenant, proviso, condition or reservation herein contained, or of any covenant, proviso, condition or reservation contained in any Appendix hereto, then and in every such case, It shall be lawful for the Lessor to immediately cancel the Lease without prior notice, to re-enter and thereafter to have, possess and enjoy the said land and all improvements thereon; and no acceptance of rent subsequent to any breach or default, other than non-payment of rent, nor any condoning, excusing or overlooking by the Lessor on previous occasions of breaches or defaults similar to that for which re-entry is made shall be taken to operate as a waiver of this condition nor in any way to defeat or affect the rights of the Lessor hereunder.

Control of Lessor:

10.1 The lessee shall not construct any building or structure of any description on the said land, and it shall not make any change in the nature of the land without the approval of the Lessor and except on the understanding that the cost of any improvements shall not entitle it to compensation of any kind, in any event.

10.2 The Lessee shall, at all times, during the existence of this lease, at its own cost and expense, keep and maintain the land and premises herein demised in a clean and tidy condition, to the entire satisfaction of the Lessor.

Restoration of Site:

11. Upon cancellation or termination of this lease, the Lessee shall forthwith remove at its own cost and expense its property from the land and premises of the Lessor, leaving and restoring said land and premises in a neat and clean condition to the entire satisfaction of the Lessor, provided that no property shall be removed from the premises until all rent has been fully paid. In case of default of the Lessee to remove its property within a reasonable period as determined by the Lessor said property shall be removed from the premises until all rent has been fully paid. In case of default of the Lessee to remove its property within a reasonable period as determined by the Lessor said property shall be removed and the site restored by the Lessor at the expense of the Lessee or, at the option of the Lessor, said property shall become the property of and shall vest in the Lessor without any right of compensation to the Lessee therefor in either case.

Liability Insurance:

12. The Lessee shall, at his own expenses, maintain a public liability insurance contract having a minimum limit of Two Million Dollars ($2,000,000.00) in respect of the land and premises leased herein with insurance companies approved by the Lessor. All insurance contracts maintained by the Lessee pursuant to this lease shall name both the Lessee and the Lessor as insured and shall provide that the proceeds thereof are payable to the Lessor. All such insurance contracts shall stipulate that the insurance afforded is to apply separately to each insured against whom a claim is made for a suit is brought, in the same manner and to the same extent as though individual policies had been issued to each, except with respect to the limit of liability. The Lessee shall provide to the Lessor a Certificate of Insurance naming !he City of Port Colborne as an additional insured pursuant to this lease and the Lessee shall submit the Certificate of Insurance each year by January 1st. Such Certificate of Insurance must be in force for the term of this lease. 189

Termination:

13. In the event the aforesaid lands are required by the City for any development purposes on the said property during the term of the lease, the lessee acknowledges that the City may wish to develop the lands and In so doing, may cause damage to its crops. The parties agree that this lease may be terminated by either the Lessors or Lessee provided thirty (30) days written notice is given pursuant to Clause 14 herein, provided that the Lessee may enter upon the lands to remove its growing crops.

Notices:

14. All notices permitted or required hereunder shall be sufficiently given:

14.1 To the Lessor, if signed by or on behalf of the Lessee by the authorized officers and delivered to or mailed by prepaid registered or certified post and addressed to the Lessor at the following address:

The Corporation of the City of Port Colborne, 66 Charlotte Street Port Colborne, Ontario L3K 3C8

14.2 To the Lessee, if signed by or on behalf of the Lessor by the authorized officers and delivered to or mailed by prepaid registered or certified post and addressed to the Lessee at:

Stam Acres Ltd. 3603 Miller Road Port Colborne, Ontario L3K 5V5

and all such notices shall be deemed to have been received on the date of delivery or if mailed, then on the date following the date of mailing.

IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first above written.

SIGNED, SEALED AND DELIVERED, ) by the LESSOR )

) ) } } } } } } ) )

SIGNED, SEALED AND DELIVERED by the LESSEE }

} ) ) ) ) ) ) ) ) } } ) ) )


per:

Mayor

Clerk

STAM ACRES LIMITED per:

190

POI\. T COLllORNE


Department: Corporate and Community Services Division: Community Services


SUBJECT: Nickel Beach Lease Agreement between the City of Port Colborne and Vale.

1) PURPOSE:

This report is to provide Council additional background regarding the existing lease agreement between the City of Port Col borne and Vale for the use of Nickel Beach, and to commit to forming a new mutually beneficial lease agreement with Vale Canada.


Community Services staff met with Vale's Port Colborne Refinery representative Maria Bellantino-Perco, Senior Specialist, Environment, Environmental Control to review the existing lease agreement (dated July 20, 1922) for the use of Nickel Beach. We discussed permissible recreation program ideas and on-going service at Nickel Beach. Attached as Appendix (A) is a list of approved program ideas including details provided by Vale's legal counsel relating to the prohibition of alcohol on mining regulated property.

Council will recall last season's proposal from 'Frog in a Sock' Inc. (FIAS) to operate Nickel Beach and the review process staff undertook to work with Vale and FIAS's proposal. The result of this exercise unearthed the existing lease agreement, which is now deemed to be dated and currently under review by Vale. Additionally, it was also determined that the operation of Nickel Beach for the summer of 2013 would continue to operate as a public beach under the supervision of the City of Port Col borne.


Vale is currently in the process of evaluating and revising their land lease policy and are moving towards two (2) distinct types of lease agreements. The first being a 'commercial lease agreement' for land uses generating revenue. This lease would carry a lease rate comparable to fair market value for the property Vale will lease. The second is referred to as a 'beneficial use agreement' for community use that would allow for the operation of revenue neutral services that have beneficial use for the community.

In light of the current review of the lease agreement being undertaken by Vale, staff was also directed to provide FIAS representatives the opportunity to directly communicate with the Vale regarding FIAS proposal for the operation of Nickel Beach. Vale acknowledged receipt of these details and, in light of the current agreement with the City, the Vale representative felt obligated to continue to work with city staff versus entering Into negotiation with a third party. Since Vale has an agreement with the City of Port Colborne currently under review, they would not, in good faith, entertain another proposal at the same time. Having said that it is also worth noting that FIAS have decided to pursue other endeavors and recently provided notice they are relinquishing

191

pursuit of their proposal to operate Nickel Beach.

Community Services staff is inclined to continue to negotiate with Vale on the terms of a 'beneficial use agreement' we feel serves the interests of both parties. A beneficial use arrangement will continue to provide the community and the Region an exceptional community asset and destination as a public beach. With additional City recreation/leisure programs being implemented, the opportunities for residents and visitors to participate will abound as we mature in the delivery of recreation programs in all our municipal venues. In fact, as we plan lo set ourselves up for the 2014 summer season, we have partnered with the Niagara Sport Commission and plan to host an Ontario Volleyball Association (OVA) two-day youth beach volleyball qualifier tournament. As we progress with this endeavor, a report to Council will be forthcoming, outlining the terms and conditions and the various options that City Council can consider for the operation of Nickel Beach, promoting healthy active lifestyles.


a) Do Nothing

To do nothing is not a recommended option.

b) Other Options

1) Council can direct staff to continue the negotiation of a mutually 'beneficial use agreement' for the continued use of Nickel Beach with Vale Canada;

2) Council can direct staff to negotiate a revenue generating facility lease agreement for use of the land to generate revenue and in turn, pay a fair market value lease fee;

3) Council could chose not to pursue a negotiated lease agreement and simply divest itself from operating this recreation asset;


By forming key partnerships that facilitate a desirable tourism destination and contribute to the overall health, wellbeing and enjoyment of Port Colborne residents and visiting guests.

6) ATTACHMENTS

Appendix (A) List of approved recreation program ideas. Appendix (B) Existing Lease Agreement (dated July 20, 1922).

7) RECOMMENDATION

THAT Council receives this report for Information and directs staff to continue the negotiation of a mutually 'beneficial use agreement' for the continued use of Nickel Beach with Vale Canada; and

Corporate and Community Services, Community Services, Report No.: 2014-4 Page 2 of 3

192

THAT Community Services continues to implement ways and means to maximize accessibility to Nickel Beach by providing a safe, fun and enjoyable facility for families to enjoy.

8) SIGNATURES


Harry s. Hakim, Manager of Community Services

Allaina Kane, Events Coordinator & Nickel Beach Supervisor

Peter Senese, Director of Community & Corporate Services

Rob J. Heil, Chief Administrative Officer

Corporate and Community Services, Community Services, Report No.: 2014-4 Page 3 of3

193

.. PORT COLBORNE COMMUNITY SERVICES

Maria Bellantino Perea Senior Specialist- Environment Environmental Control

Vale Port Colbome Refinery, Ontario Operations 187 Davis Street Port Colbome, ON L3K 5W2

Maria,

CITY OF PORT COLBORNE Community Services - Roselawn Centre

296 Fielden Avenue Port Colborne, Ontario

L3K 4T6 www.portcolborne.ca

Please find below a list of potential activities we have identified for Nickel Beach. As discussed earlier, we are providing this list as a starting point for discussions surrounding the programming and operation of this recreation and tourist destination moving forward. Please note there is no alcohol considered to be a facet Of any of the listed activities.

Potential Nickel Beach Activities List:

• Volleyball tournaments, leagues • Bocce tournaments, leagues • Soccer tournaments, leagues • Stand Up Paddle Board lessons • Kayak lessons • Ultimate Frisbee tournaments, leagues • Yoga classes (adult, children) • Movie Night(s) • Sand sculpting events • Art Festivals • Photo competitions • Food truck events • Drum Circles • Sky Diving event

Thank you, Maria, we look forward to working with Vale and yourself to revitalize Nickel Beach for the residents of Port Col borne and the Niagara Region.

Kindest regards,

Allaina Kane Beach Supervisor & Event Coordinator Community Services

Telephone: 905-834-1668 Email: [email protected] Fax:905-834-2072 194

THIS AGREEMENT made

'lET'qF.EN:

!NCO LIMITED, a company incorporated under the

laws of Canada, hereinafter

callnd the "Lessor"

AND

TllB CORPOM.TION OF THF.

cr•ry OF PORT cor1BORNFJ, hereinafter called the "Lessee"

of the 8ECOND PART

''1HEREA!i the parties hereto are the "Lessor 0 and "Lessee" respec

tively in a lease dated the 20th day of Julv lq22, of certain landr; and premises more particularly described the:r.e~.n an~

commonly known ns 11 Nickel Beach".

l\ND WUEREAc; the Lessor has agreed to construct certain washroom and lavoratory facilities thereon f.or the use of. the Public.

i\N'D 1'7l·IEREA.c:l it is desired to aw.end the aforesaid lease to give

effect to the provisiohs of this agreement.

"10'~ THP.REFORE THIS AGREEMENT WITNERSETH that in consideration of

the mutual covenants and agreements herein set forth, the lease he tween the µarties hereto is hereby amended as f.ollows:

l. The Lessor covenants ana aqrees

(a) to continue to let the premises descr.ihed in the lease of July 20, ·1922 to the Lessee for the sum of'. ~l. no

per annum:

(b) to permit the Lassoe to levy a reasonable

admission charqe, in an amount agre~a to by the Lessor, upon members of the public using Nickel Beachi provided that all sl.lms received on account of such admission charges shall be used

exclusively for the maintenance and operation of Nickel Beach

and its facilitie9;

(c) to prov:l.de separate wash:i:oom and lavoratory

facilities for men and women and supplv water thereto .

195

Page Two

2. The Lessee covenants and agrees (a) to empty and remove the contents of the

sewage holding tanks on the rJroperty on n regular basis;

(b) to provide regular: janitor service!: in the

washrooms, lavatories and beach areas and to keep the beach area

clean and free of refuse and to empty all refuse containers on a regular basis;

(c) to provide or provide for policing of the·

entire leased area including, but not limited to the enforcement

of a nightly curfew;

(d) to provide and maintain a stout barrier which will impede access by vehicles but not persons from the parking area to the batl1ing area;

(e) to provide a gate and admission booth or similar facility; to charge only such admission fee as is consentE;i:l

to by the Lessor; and to use any funds received from the admission fees only toward tha maintenance and operat:lon of the beach facilitiest

(f) to insure the structures against fire an(1

other property damage including vandalism and to repair any such daMagc at its expense' and

(g) to pr:ovida electric power to thQ afore-

said facilities.

3 • The lease of July 20, 1922 is hereby amended only to the extent necessary to give effect to this agreement.

In all other respects the said lease of July 20, 1922 is hereby

confirmed.

IN WITNESS WHEREOF the proper officers of the

parties have hereunto affixed their respective corporate seals duly attested by their proper officers in that behalf constituted

tl\is /Ji-Lday of <jt<:l;.c,,<.d 19 ~

INCO LIMITED

~ f per -df:;o;: t'.)t.c

' ' ~ L,/ -per: lie /1l:. ~ TllE CORPOl\M'ION OF THE

CITY OF POR·T· :z· I, l\N!\ r:7 / . ~p.,t ,),_.-"' AO ' •) ... ,,.. ••• -; , .....

per . .{ .c.1/ le .~.:.::Z!6.Q:::;_:: .... ::.'...:::?._~ Mayor

196

A BY-LM1 AUTHORIZING AN l\MENDMEN1' TO THE !,lJASE WITH INCO LIMITED E'OR NICKEL BEACH

r:A.. WHEREAS by resolution of Council dated the// day

Q.a.,..-~ ... _S7"~ 1'9'77' Council indicated its agre~ment to ~ terms contained in the annexed agreement.

of the

NOW 'rHEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CI'J'Y OF PORT COLBORNE ENACTS AS FOLLOWS•

1. That tho Mayor and Clerk be and they are hereby authorized and directed to sign and affix the Corporate Seal to the amendment to the lease agreement with INCO LIMITED, a copy of which is annexed to this by-law.

READ A FIRST, THIS / / "t;lz...

SECOND AND THIRD TIME AND

DAY OF ~-"-'-'-"'ro/ PASSED BY COUNCIL

197;?!'

TJlE CORPORATION OF THE CITY OF POR'l' COLBORNE

/? /:f'/ ·. PER:,{):/·(! ><'rr(,•.1:du)(Mayor) . . PER: " .. 6·, ·.i:,.(Clerk)

r

197

POR. T COLBOR.NE


Department: Corporate and Community Services Community Services Division


SUBJECT: 22nd Annual 444 International Walleye Tournament and 2nd Annual Budweiser Can-Am Fishing Derby June 20-22, 2014.

1) PURPOSE:

This report is prepared in response to the request received by the Port Colborne & District Conservation Club planning to host the 444 International Walleye Tournament and their request for assistance and fee concessions for the event June 20 - 22, 2014 at H.H. Knoll Park.


Last year the Budweiser Can-Am Fishing Derby supplemented the absence of the 444 International Walleye Tournament. This year they are back under the guidance and leadership of the Port Colborne and District Conservation Club (PCDCC), and included in this weekend is the 2nd Annual Budweiser Can-Am fishing derby both taking place June 20 to 22, 2014 at H.H. Knoll Park. The PCDCC organizing the weekend event met with Community Services in February 2014. At the meeting the tournament organizers requested infrastructure/logistical support similar to that made for the June 2012 tournament. A number of areas for support were discussed and based on historical context and prior municipal support the following components are being put forward for Council consideration for the 2014 tournament. Dock access at the marina and their request for a 50% to 75% group rate discount for the docking fees (the approved group rate discount is 35%); waiving of the park bandshell and permit fees; and supporting infrastructure and logistical needs in the form of sponsorship support as outlined further in this report.

The organizing body has once again requested that the City of Port Colborne become a high profile corporate sponsor of the tournament and in so doing provide concessions to lower the cost to anglers participating in the tournament. It is anticipated that approximately 80+ anglers will be attending the Budweiser Can-Am and 444 International Walleye Tournament.


In order to keep the costs down for the anglers participating in the tournament the organizers have asked the City to be a corporate sponsor. As a corporate sponsor the organizing body has asked the City to provide no charge access to RV parking/camping to be located at the south end of H.H. Knoll Park; waiving the park permit and bandshell fees; the supply of two 20x20 tents, four portable toilets, hand wash station, snow fence for the beer garden (a mandatory site requirement) and camping/parking areas; and park security (Dia. 1 attached). The approximate total value of sponsorship amounts to $4875.00. Community Services does not budget for these requests and at present no funds are allocated to offset this request.

Traditionally tournament organizers have received support from the municipality in the 199

form of parking exemptions and fee waivers as incentive to help host their events and defray some costs. The City of Port Colborne was as a corporate sponsor for the last Walleye fishing tournament held in 2012 and approved supporting the tournament for a total value of $3500.00 (Report 2012-11).

Event staff are prepared to work with the organizing body and assist with the administrative and logistical requirements for this tournament, and provide them with the purchasing power to secure infrastructure/logistical needs for the tournament. The majority of the work detail will be carried out by the organizing body with support from municipal staff to layout fence lines and ensure infrastructure needs, and compliance for a safe and enjoyable event. The following details outlines PCDCC components request for infrastructure/logistical for Council consideration (Excel Form attached).

Dockage

The tournament organizers are requesting a group rate discount 50% to 75% for this year's tournament. The group discount rate normally applied is currently an approved rate of 35% for non-service slips, which is consistent with all other marina related events we host. The dockage is included in the 444 entry fee that is collected by the Conservation Club and reconciled with the Marina following the event.

Camping/Parking and Waste Management

To facilitate early arrival of participants event organizers are asking for permission to allow no charge RV camping/parking at HH Knoll Park beginning Thursday, June 19, 2014 starting at 12:00 PM. Staff have requested the designated RV camping/parking site to be fenced (using snow fence) and a conditional permit for temporary parking issued through by-law enforcement. The fire department will require that no fires be permitted in the park and that compliance with the Municipal Alcohol Policy be strictly adhered to. Organizers must make certain waste management needs are also addressed with sufficient waste receptacles including recycle containers.

The requirements to permit the event at H.H. Knoll Park includes: • $1000.00 damage deposit • $5 million liability insurance naming the City of Port Colborne as additional

insured and in compliance with the Festival & Event Insurance Requirement • Request For Use Of Community Facilities forms for the Park and Bandshell to be

completed • Written notification delivered to every household within 750 meters of the par!< • Name(s) and mobile telephone numbers of the designated on-site person(s) in

charge must be supplied to the Community Services • The owners name and license plate number for each attending/registered

Recreational Vehicle on site • A list of registered participants in the fishing tournament (supplied to the Marina

Supervisor) • Compliance with parks by-laws • Provide the name and telephone number of the bar manager responsible for the

bar services and a list of names for all bar tenders and smart serve certification numbers, including bar hours of operation and scheduled bartender shifts

• Provide the hours of operation for the event and any entertainment • Permission from City Council

Community & Corporate Services, Report No.: 2014-5 Page 2 of 5

200

Pictures will be taken of the park/designated RV camping/parking site before and after the event to document any damage claim. Historically and past reports (2012-11) have cited the park was left in good shape, there was no damage to the park and the area was left clean and tidy with all garbage disposed of in the proper containers. The City did not receive one complaint from the general public regarding the RV camping at the park. The organizing body had an on-site supervisor for the campground and duration of the event.

Security/Fencing

Security personnel must be on hand to patrol the park and make certain everyone is in compliance with the restrictions and risk management. Community Services can assist with security firm arrangements and other logistical needs for fencing. The event organizers are requesting that security costs be incorporated into the City sponsorship at a value $2500.00+tax. The City has adequate snow fencing and consideration may be made to waive installation fees by Council. Prior to any installation of snow fence the City would have to ensure compliance with new legislation (Ontario One Call) to ensure locates are cleared for installation of T-bars around the event site. The City has a technician on staff that can be requested and make certain locates are clear for the snow fence installation.

Beer Garden and Food Concession

The tournament organizers have asked the City to provide the appropriate infrastructure that includes portable toilets and two 20x20 tents for the event on June 20 to 22. The cost to provide two tents for this event is valued at $1260.00+tax; and the cost for 4 portable toilets and hand wash station for the three day period is valued at $61 O.OO+tax. They have also requested 6 sections of metal fence that will be used to control access points and help secure the area is owned by the City of Port Colborne and can be supplied. The staff time required to set up the fence is valued at approximately $400.00 (to mitigate this expense the supplied fence can be installed by the PCDCC). The tables and chairs are supplied by the Port Colborne & District Conservation Club (PCDCC).

The food concession Is being managed by a third party and will operate under the guidance of the organizing body. The primary requirement for this set-up is to make certain they are in compliance with Regional Public Health.

Bandshell/Park Permits and Electrical Access

The current cost for the bandshell/park permits is $105.00 that may be waived by Council. The PCDCC has also requested access to the hydro panel adjacent to the bandshell, which will be facilitated upon approval.

Certificate of Insurance (COi)

The City requires the organizers to provide liability insurance in the amount of $5,000,000 naming the City as additional insured for the duration of the event and meet the attached Festival & Event Insurance Requirements.


201

Event Move-in and Move-out

Move-in Thursday, June 19 starting at 7:00 AM; Move-out Sunday, June 22 by 6:00 PM; and site clean-up and removal of equipment Monday, June 23 starting at 8:00 AM.


a) Do Nothing

The City of Port Colborne could deny the request for assistance; however, this would present a hardship for the event organizers and past precedence has demonstrated a level of support from City Council for this event.

b) Other Options

1) Council can direct staff to proceed and support the event as requested by PC DCC and accepting their offer for the City of Port Col borne to become a high profile corporate sponsor of the tournament and chose to support the event and fulfill the corporate sponsorship at a value $4875.00 (includes the bandshell/park permits, supply & installation of snow fence, portable washrooms, hand wash station, security and tents);

2) Council can direct staff to proceed and support the event as requested by accepting the offer for the City of Port Colborne to become a high profile corporate sponsor of the tournament and chose to support the event at a reduced rate that council can set ranging 25% to 75% of the value in option (1 );

3) Council can direct staff to waive the appropriate fees, which has the least impact on the municipality that includes waiving the bandshell/park fees, supplying and installing the fence for the overall site plan that includes the beer garden, concession, RV camping/parking zone valued at $505.00 and offer reduced marina dock group discount of 35% (using an average boat length of 22 feet), issue the conditional permit for temporary parking, provide a letter of non-objection to the Tournaments application for a Special Occasion Permit, provide waste containers for the event including regularly scheduled waste removal without incurring staff overtime expenses; and

4) Council can direct staff to waive the appropriate fees, which has the least impact on the municipality that includes waiving the bandshell/park fees, supplying and installing the fence for the overall site plan that includes the beer garden, concession, RV camping/parking zone valued at $505.00 and offer reduced marina dock group discount of 35% (using an average boat length of 22 feet). In addition, issue the conditional permit for temporary parking, provide a letter of non-objection to the Tournaments application for a Special Occasion Permit, provide waste containers for the park including regularly scheduled waste removal without incurring staff overtime expenses; and can further direct the Community Partnership Coordinator to work with the organizing body to help them seek additional sponsorship and secure other sources of funding to help defray Infrastructure and security costs valued at $4370.00.


Forming viable collaborative partnerships and engaging and community organizations.


202

6) ATTACHMENTS

Appendix A: Site Plan

Appendix B: Municipal Festival & Event Insurance Requirements

Appendix C: RV camping/parking rules

Appendix D: RV camping/parking information form

Appendix E: Excel Form outlining expenses

7) RECOMMENDATION

That Council direct staff to waive the appropriate fees, which has the least Impact on the municipality that includes waiving the bandshelllpark fees, supply and install the snow fence for the overall site that Includes the beer garden, concession, RV camplngtparklng zone valued at $505.00 and offer reduced docking group rate of 35% (using an average boat length of 22 feet). In addition Issue the conditional permit for temporary parking, provide a letter of nonobjection to the Tournaments application for a Special Occasion Permit, provide waste containers for the park Including regularly scheduled waste removal without incurring staff overtime expenses; and further direct the Community Partnership Coordinator to work with the organizing body to assist them seek additional sponsorship and secure other sources of funding to help defray Infrastructure and security costs valued at $4370.00; and

That Council direct staff to provide access for the no charge RV campinglparking be permitted at H.H. Knoll Park, Thursday, June 19, 2014 starting at 12:00 PM.

8) SIGNATURES


H•!f~lm Manager of Community Services

Reviewed by:

/ • - I ./:(· ,//:;~;0 '------,/ .... -../ ~G ,.fc..-··/

Gina Murdoch, Event Coordinator, MYAC Liaison

Reviewed by:

.. ,r-·~·· .. .., ~ .,;:.-:. .... ~ ~0 ..

Peter Senese, Director of Corporate and Community Services


203

c

\ 444 Site Plan 2014 Proposed

ia~fl/IJ Region J..:11:01 4 oo;· t tt5 Rf;\ll\)llA.. ·.1...11t C<l'lrrl.11'YCFt l~ IUCl.10;'.J JJ.>. l l;)\IM.. i > t~l'CI II (",ll(CJl4.f-.3 • 1111/IT! .ll f't..ft ~1· .i1;,o :0l L Jt!Gr\ t 1~1 HA','!~. P~Ci.!.j A :i ra•c.11iftt lT l:!>I 1','.E$ :It: N.t1 1l ;?:lll'l '\..(ll:;I ·"'- !. ~Ctl f~ ft::~ i:·.c.:'I l lOT ..lo

Pt,.lJi 1.'t'SUit\'!: o ~JCO AJH't to) f'Q'S~l!;S'!Of .. R 1i l IMJ'i-.ol.Ul l...... .. 'i M: t!ll l .\R f't~ l :..~ CQl r<l l (,,. ¥t."fl':;4..1\Ut.'.l:.'lU!Y

grs.@n1aganrag:io11 .ca

Printed: Apr 03. 20 1·1

204

City of Port Co!borne Festivals & Events

20'14 Insurance Requirements

Festival & Event organizers are required to obtain insurance for all Festivals & Events taking place on City property. The value of the amount of insurance will be determined by an Insurance Matrix, which will identify the various risk components of your event. The insurance certificate must be in the exact name as the event organizer that appears on the permit and provide proof of the following coverage:

1. Commercial General Liability Insurance in the amount of $2 million to $5 million as determined by the City of Port Colborne.

2. The Corporation of the City of Port Colborne must be listed as additional insured.

3. The Certificate of Insurance (COi) must state that the insurance specifically covers the event and date(s) of the event. The dates must also include the move in and move out dates.

4. Cross liability/severability of interest coverage. 5. Thirty {30} days' notice of cancellation. 6. Liquor liability coverage, In the event that liquor Is being served or consumed

on City property. 7. Listing The Port Colborne Police Services Board as additional insured, if

contract duty police officers are present at the event. 8. Listing The St. Lawrence Seaway Management Corporation, Her Majesty the

Queen in Right of Canada, Transport Canada, if the F&E is taking place on Seaway property.

Depending on the event, additional insurance may be required. You will be advised by the City of Port Col borne Event staff if this applies to your event.

In addition to the above noted insurance requirements, if equipment will be used during the event, it must be certified by the Canadian Standards Authority (CSA). Inflatable rides must be certified by the Technical Standards and Safety Authority (TSSA) and the CSA.

Insurance certificates must be submitted to: The Corporation of the City of Port Colborne Attention: Community & Corporate Services

66 Charlotte Street Port Colborne, ON, L3K 3C8 Tel.: 905-834-1668 Ext. 532

Fax: 905-834-2072 (Community Services) Email: [email protected]

205

PORT COLBORNE & 01s·rRICT CONSERVATION CLUB P.O. BOX 444, PORT COLBORNE, ONTARIO,

RV Parking Rules

At HH Knoll Park

For

2014 ~ 22st Annual 444 International Walleye·Tournament

Please fill out the personal info of all persons staying in the designated RV Parking area on attached sheet.

RULES OF THE RV PARKING AREA:

1. Do not play music from an amplification system, shout or swear (Noise By-law).

2. Do not fight, spit, urinate, defecate or vomit in or around such camping area (Public nuisance By-law).

3. Do not litter or leave any garbage, debris or materials in said park or designated camping area, unless approved container or containers provided by the camping organization (Public nuisance By-law).

4. Do not have on-site animals, dogs or cats (unless on a leash and controlled by the owner/ keeper at all times), horses, exotic animals or otherwise. (Dog By-law, Exotic Animal By-law); barking dogs are not permitted.

5. Do not light campfires, bonfires or the like (Open-air Burning bylaw, parks By-law).

6. Do not use barbeque or cook on open wood or charcoal fire unless contained in a small residential-type barbeque designed and used for preparation and cooking of food.

7. Do not set off fireworks, noise makers, cherry bombs (Fireworks By-law).

8. Do not erect signs of any nature (Election By-law).

9. Do not dig or move any earth (Site Alterations, Parks By-Law).

206

RV Parking Information sheet At H H Knoll Park

2014 - 22st Annual 444 International Walleye Tournament

Please fill out the following: Camper no.

Name:

Home address:

Telephone number: Number of campers on site:

Licence numbers of all vehicles including trailers on site:

Names and tag numbers of any dogs (Unlicensed dogs shall not be permitted)

The Port Colborne and District Conservation Club thanks you for your cooperation.

Please fill out the following: Camper no.

Name: Home address:

Telephone number: Number of campers on site:

Licence numbers of all vehicles including trailers on site:

Names and tag numbers of any dogs (Unlicensed dogs shall not be permitted)

The Port Col borne and District Conservation Club thanks you for your cooperation.

207

444-Budweiser Can-Am 2014 Fishing Tournament

PCDCC components requested Value HST PCDCC Municipal Waiver Budget Rev. Exp. Var.

Tents 2X 20x20 foot $1,260 y Yes N/A Not Rec

Portable washrooms 4X and Handwash Station $610 y Yes N/A Not Rec

Security $2,500 y Yes N/A Not Rec

Dock Non-Service 50%-75% group discount y Yes 35% Recommended TBC

Snow Fence & 6 section of metal fence y Yes N/C Recommended Park Permit y Yes $75 Recommended

Band shell y Yes $30 Recommended No charge camping/parking Yes N/C Recommended

Temporary Parking permit Yes N/C Recommended

Waste Management Yes N/C Recommended Staff Time {fence supply & installation) cost recovery Yes $400 Recommended

Tables & chairs N/A TOTAL $4,370 $505 $4,875 $0.00 $505 $4,370 -$3,865

208

Road closure for ADM Port Colborne fumigation. John Veselisin to: '[email protected]' 03/20/14 09:54 PM Cc: "'[email protected]'" Hide Details From: John Veselisin <[email protected]>

Page 1 of 1

To: "'[email protected]'" <[email protected]>,

Cc: "'[email protected]'" <[email protected]>

Hello again,

ADM Port Col borne has postponed their fumigation to April 25th. and 27th., can you please arrange the dates change for King street road closure from April 12th. and 13th. to April 25th. 9:00 am to April 2]lh. 11:00 PM.

Sorry about this, but customers do change their minds.

Regards,

John Vese!isin Stoney Creek-Branch Manager Tel: 905-544-6242 Fax: 905 662-2717 Ce/: 289-439-7713 Internet: www.ork;ncanada.ca

• CJ; NADA

i/?1/14

209

From: To: Cc:

Date: Subject:

rosemary armstrong <[email protected]>

........... 1 ·-·"

F' 1··· ,~-_\• ·•-m) "'· '' ~----·

MAR 2 0 2014 CORPOf'J;.1>: ·:'"·"'

DEP.1\1~T i"i f.f·l

Mayor Vance Badawey <[email protected]>, [email protected] [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "[email protected]" <[email protected]>, david. [email protected], [email protected], [email protected], [email protected] 03/18/1411:10AM Request regarding New City Signs

Dear Mayor Badawey,

On April 28, 2009, with the support of City Council and the community, Port Colborne became the first Fair Trade City in Ontario. Since that time both Barrie and Toronto have joined the ranks and there are active Fair Trade campaigns in many cities and towns including Ottawa, Woodstock and Waterloo. Across Canada many cities and towns are embracing Fair Trade and actively promoting the ideas and values associated with it. There are currently six Fair Trade Campuses in Canada and campaigns at more than 20 universities and colleges across the country actively pursuing the status. Just last year, our own Brock University became a Fair Trade campus.

Our Fair Trade Committee works very diligently to keep Fair Trade principles and actions in the forefront among local citizens, businesses and government

It has come to our attention that new signs welcoming people to Port Colborne are currently being designed. We believe that the Fair Trade designation is an honour and an important part of who we are as a city. With that in mind, we request that the City and Council give serious consideration to including the Fair Trade C~y designation and/or the Fair Trade logo on the new signs. One or more of the members of our committee would be happy to work with you on this.

Thank you for your support of Fair Trade and for your consideraflon of th'1s matter. 1 look foiward to your response.

Best Regards,

Rosemary Armstrong for the Port Colborne Fair Trade Committee

Rosemary Armstrong 905-835-9729

211

!fiF'filf IJJL Niagara~ff,gf, Region

March 21, 2014

City bf f;ort Colborne RECEIVED

Administration , i1'iM •t 201' Office of the Regional Clerk

1.. . .....

220 I St David's Road, PO Box I 042, Thorold, ofli\fl9.~~~$Jlff:OO!!m5 Telephone: 905-685-4225 Toll-free: 1-800-263-721 SJf~~4977 www.niagararegion.ca

CL 4-2014, March 20, 2014 PWC 4-2014, March 4, 2014 Report PW 31-2014

LOCAL AREA MUNICIPAL CLERKS

St=NT ELECTRON/CALLY

Escarpment Crossing Study -Analysis of Alternatives and Proposed Next Steps PW 31-2014

Regional Council, at its . meeting of March 20, 2014, approved the following recommendation of its Public Works Committee:

That staff BE DIRECTED to update the Terms of Reference for the Escarpment Crossing Study, such that a Master Plan, including an action plan for each exiting or proposed escarpment crossing within the study area, is prepared at the end of Phase 2 of the Environmental Assessment;

That staff BE DIRECTED to present the findings of Phase 2 of the Escarpment Crossing Study to the public before the end of June 2014; and

That copies of this report BE FORWARDED to the Local Area Municipalities.

A copy of Report PW 31-2014 is attached for your information.

Yours truly,

N~~ Acting Regional Clerk /amn

cc. R. Tripp, Commissioner Public Works R. Barany, Administrative Assistant to the Commissioner Public Works M. Macara, Legal Services

213

REPORT TO:

SUBJECT:

RECOMMENDATION

Niagara4'/I/ Region

Public Works Committee

PW31-2014 March 4, 2014

Escarpment Crossing Study - Analysis of Alternatives, and Proposed Next Steps

1. That staff SE DIRECTED to update the Terms of Reference for the Escarpment Crossing Study, such that a Master Plan, Including an action plan for each existing or proposed escarpment crossing within the study area, is prepared at the end of Phase 2 of the Environmental Assessment; and

2. That staff BE DIRECTED to present the findings of Phase 2 of the Escarpment Crossing Study to the public before the end of June 2014; and

3. Copies of this report BE FORWARDED to the Local Area Municipalities.

PURPOSE

To receive Council support for a change in study direction as a result of the information found during ihe Escarpment Crossing Study process and for Public Information Centres (PICs) to be held before the end of June 2014.

This report replaces referred PW 9-2014 Escarpment Crossing Study: Status Update and Alternatives Analysis (attached as Appendix 4, for reference purposes).

BUSINESS IMPLICATIONS

Funds, totaling $700,000, have been approved for the Escarpment Crossing Study. The proposed scope changes will be accommodated within the existing study budget.

REPORT

At its September 6, 2011 meeting, Public Works Committee directed that the Niagara Escarpment Crossing Study Class Environmental Assessment (EA) be reopened for a new/improved escarpment crossing. The crossing would be designed for commercial traffic and mitigate the negative impacts to motorists and local residents.

Phase 1 of the EA: "Identification of the Problem or Opportunity", is complete. The first PIG was held in June 2013.

1 214

PW 31-2014 March 4, 2014

The focus of Phase 2 is the review of alternative solutions to address impacts of large trucks on escarpment crossings. The project team has reviewed the "do nothing" alternative, a new escarpment crossing, traffic management options, improving one or more existing crossings, or a combination of multiple alternatives. In general terms, the advantages and disadvantages of each alternative are summarized in Appendix 1.

No one single project will address all the concerns about truck traffic impacts on the crossings, sensitive areas, or local communities that have been expressed throughout the study. A new crossing between Tufford Road and Victoria Avenue, with a new interchange at Tufford Road (Alternative 6A/B in Appendix 2), would draw truck traffic away frorn Beamsville and Vineland. However, it would not address truck traffic on escarpment crossings in Grimsby.

An improved crossing via either Park/Bartlett Road (Alternative 2A) or Mountain Street (Grimsby -Alternative 7B/C) would draw some trucks from parallel routes to the improved crossing, but would not address concerns in Lincoln. Data regarding truck volumes, origins and destinations are included in Appendix 3.

The project team met with staff from Grimsby, Lincoln, West Lincoln and the Niagara Escarpment Commission to present the analysis of alternatives. Meetings were also held with the project's Technical Advisory Group, which included impacted local municipalities and provincial ministries/agencies, and the project's Stakeholder Advisory Committee, including citizen representatives from Chambers of Commerce, School Boards and community groups. A meeting with NEC staff was also held to review the requested collision analysis resulting from the analysis of alternatives.

The existing terms of reference for this project are based on Council's direction to specifically review one project; namely, a new or improved crossing for commercial traffic, as the way to address trucks travelling on steep grades through communities and passing incompatible land uses. A new crossing would require the project team to complete Phases 1 to 4 of the EA process.

Based on the information obtained and analysis completed to date, the solution now under consideration includes a range of area-specific options across the study area, with a new crossing as part of a longer term solution. Therefore, staff recommends that the terms of reference be revised to allow the consultant to complete a Master Plan report for the Escarpment Crossing Study, rather than completing Phases 3 and 4 of a Class EA, specifically for a new or improved crossing.

The Master Plan approach would allow for multiple traffic management projects to be proposed across the study area and for development of an implementation and staging plan. The Master Plan report would outline the recommended traffic management projects, their proposed timing, a corridor protection plan for a new escarpment crossing, and a monitoring program. This would be subject to completion of the Phase 2 analysis and receipt of feedback from the project team, Technical Advisory Group, Stakeholder Advisory Group and the public.

2 215

PW 31-2014 March 4, 2014

The monitoring program would be designed to evaluate the effectiveness of the traffic management solutions and to determine when/if a new crossing needs to be built. Improved traffic management techniques that will be evaluated include improved advance warning devices, speed controls, enhanced enforcement, and operational and safety improvements at some intersections and roadways.

Prior to the PICs, the project team will meet with staff from Grimsby, Lincoln and West Lincoln and from the impacted Regional Departments. In addition, the Technical Advisory and Stakeholder Advisory Committees will be consulted to ensure that their input is considered prior to finalizing the PIC materials. Following the PICs, staff will report back to Public Works Committee regarding the comments received. Work will then focus on completing and filing the Master Plan document for public comment.

PICs for Phase 2 of this project will be held In both Grimsby and Lincoln. Residents can also provide comments through the project webpage, or to the Region's project manager in person or by phone, fax, letter or email. The project team is also available to present to Councils of impacted Local Area Municipalities.

REPORTS PERTINENT TO THIS MATTER

TSSC-C 53-2013 Update on Major EA's October 8, 2013

TSSC-C 46-2013 Escarpment Crossing Study - Project Update July 9, 2013

TSSC-C 44-2013 Update on Major EA's May 28, 2013

TSSC-C 32-2013 Escarpment Crossing Study Class Environmental Assessment Status Update April 16, 2013

TSSC-C 15-2013 Update on Major EA's January 15, 2013

PW 76-2012 Contract Award, 2012-RFP-01, Niagara Escarpment Crossing Study, Town of Grimsby, Town of Lincoln and Township of West Lincoln July 17, 2012

PW 26-2012 Escarpment Crossing Study Terms of Reference March 6, 2012

3 216

Submitted by: Approved by:

Harry Schlange

PW 31-2014 March 4, 2014

Betty Matthews-Malone P. Eng. Acting Commissioner of Public Works Chief Administrative Officer

This reporl was prepared by Jill Stephen, Associate Director (A), Public Worl<S Strategic Projects; and reviewed by Joe Cousins, Directo1; Transportation Services Division, and Glen Cowan, Associate Director, Public Works Finance.

APPENDICES

Appendix 1: Review of Alternatives - Advantages and Disadvantages

Appendix 2: Opportunities for New or Realigned Escarpment Crossings

Appendix 3: Truck Volume, Origin and Destination Data

Appendix 4: Referred PW 8-2014 Escarpment Crossing Study: Status Update and Alternatives Analysis

4 217

APPENDIX 1

PW31·2014 March 4, 2014

Review of Alternatives - Advantages and Disadvantages

Alternative Pros Cons Do Nothing Least costly alternative Does not address concerns

Least disruptive to the regarding heavy trucks on natural environment escarpment crossings or in

local communities Construct a New Provides the most flexibility Would not address concerns Escarpment Crossing to avoid very steep grades, across the entire study area

significant natural areas, Would still have the potential and existing communities to impact significant and

sensitive areas Costly alternative Would not be implemented in the near term

Improve an Existing Avoids the need for a new Would not address concerns Crossing crossing across the entire study area

Could be completed sooner Would still have the potential than a new crossing to impact significant and

sensitive areas Costly alternative ·

Traffic Management Can be implemented in Would not provide a stages (budget and dedicated truck route construction) Smaller, separate EAs could Construction impacts will be be required for each traffic less significant than a new management project crossing or an improved crossino

Combination of Traffic Can be implemented in Would not provide a Management with a New or stages (budget and dedicated truck route Improved Crossing construction) Smaller, separate EAs could

Can begin with Traffic be required for each traffic Management, then management project determine if a new or More costly than traffic improved crossing is still management alone needed Allows a corridor for a possible future new crossing to be protected over time

5 218

APPENDIX2

PW 31-2014 March4, 2014

Opportunities for New or Realigned Escarpment Crossings

6 219

APPENDIX3 Truck Volume, Origin and Destination Data

Average Dally Traffic Volumes (all vehicle types)

ADT*

Escarpment Crossing M ay-97 Aug-0 3 Oct-06 Aug-0 8

Station 1 Mruntain street (G"irnsby) 7500 9650 9950 8600

St!;ltion 2 Park Rmd (G"lmsby) nl a 3250 1600 3450

Station 3 Thirty Road (Lircoln) nl a 1850 2550 1900

Station 4 Mruntain Street (Lincoln) 3900 5300 6000 4460

Station 5 V1ctoria Avenue (Lircoln) 8200 10500 11950 9250

Average Daily Traffic Volumes - Total Vehicles, and Trucks

7

PW31-2014 March 4, 2014

Oct-1 2

7800

3100 1750

4050 9000

220

Origins and Destinations of Truck Traffic - Study Area

OverallStudy Area

j Nl~11-~;:;; 11 n~·r,~-·]

'1"™&ll"i''.'·• "·' t~?""'* .. · ·1. > ... ·--··· ;, :·:

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- - -~- .. --

!. "" , .. ,.," ·:;~:::-;

- - i

' . • L.;, ,_ ...• -... ,

.2%.

Origins and Destinations of Truck Traffic - Grimsby

Travel with Town ofGrimsby •as Origin. ··· ···

/-"~----y

. ( - ./ . ,..--

\~·,\ /·,\ \1 !'. .. ,:\":•1 :· __ ;_ ·:-.-.. ,~:~-~- ~"·L--k~~.:~:.--r·1 _ I -·· i

PW31-2014 March 4, 2014

_ tni<MBllri<l'fil hoon91\ T<>,.nJI TQ'~ll>h'P• .

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.-~i.'.:l s l i\- . i \ i~ ·.·rnl\\:.Ft>i~ .: .... f'\ .. •c··~-- .. .. . .

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8 221

Origins and Destinations of Truck Traffic - Lincoln

Travel with Town of Lincoln as Origin

)

-: ...

r~i_;'.~~1;~;~ .. I~

'"'."':,~''" .'.'._ ·1

~ :_;..,_~··_] • ..• ·

Origins and Destinations of Truck Traffic - West Lincoln

Travel with Township of West incoln as Origin ·· ·· '

... -:_ '

, .. •• \.. •o:_ ,.i

9

I

-·'

'.i. · . .:

-~

.,

PW 31-2014 March 4, 2014

-1n1~m11Jr,n~lll Amo~~ol Tu<l.11V T.,,~µ~'

-F.>10<11,'i!Trrwitl Ou!-c>!TU/1'11

l.'>!i'li.d. -i~U~rulft~VCll

~~tTo:~nV TIM~•l~p~

-1:\to:n .. ,ITrMol Out..,..-TO\.'n1fap

222

APPENDIX 4

Niagara#l/I/ Region

REPORT TO: Public Works Committee

PW 9-2014 January 7, 2014

SUBJECT: Escarpment Crossing Study: Status Update and Alternatives Analysis

RECOMMENDATION

That this report BE RECEIVED for information.

PURPOSE

This report updates the Public Works Committee and Council on the status of the Escarpment Crossing Study and introduces alternatives that will be reviewed in the next phases of tile study.


Furlds totaling $700,000 have been approved for the Escarpment Crossing Study. This amount is expected to be sufficient to complete this initiative.

REPORT

At the September 6, 2011 meeting, Public Works Committee directed staff to "reopen the Class Environmental Assessment for a new or improved escarpment crossing, which would be designed for commercial traffic and mitigate the negative impacts to motorists and local residents".

Through PW 76-2012, Hatch Mott MacDonald was retained to undertake tile study, following a competitive request for proposal process.

The completed Phase 1 of the Niagara Escarpment Crossing Study Environmental Assessment (EA) identified the problem/opportunity. Phase 2 of the EA focused on the development of alternative solutions to address commercial traffic impacts on escarpment crossings.

Using the results of commercial vehicle operator surveys, computer modelling of truck routes and input from the general public, the following alternatives for a new escarpment crossing were identified:

• A new crossing between Tufford Road and Victoria Avenue, with a new interchange at Tufford Road, shown as Alternative 6A/B on Appendix 1,

o An improved crossing via Park/Bartlett Road (Alternative 2A), and

1 223

PW9-2014 January 7, 2014

o An improved crossing via .Mountain Street (Alternative 78/C).

The Technical Advisory Committee also fully participated in the process. This included representatives from Lincoln, Grimsby, St. Catharines, Welland, West Lincoln, the Niagara Peninsula Conservation Authority and the Niagara Escarpment Commission. The project team, comprised of Regional staff and the consultant, analyzed the benefits of enhanced advance warning devices, speed controls, additional enforcement, and operational and safety improvements. Potentially, the preferred solution could include a combination of these traffic management techniques.

In Phase 3 of the EA, prior to finalizing the preferred alternative, the project team will determine if a new or significantly realigned crossing would meet the Niagara Escarpment Commission's definition of "necessary infrastructure''. The project team is analyzing vehicle collision records to determine if a new or realigned escarpment crossing would be justified.

Traffic volume and capacity analyses indicate that there currently may be sufficient capacity to address traffic growth on existing escarpment crossings. ConseqL1ently, in addition to traffic volume growth, the team will consider a variety of factors to determine if a new escarpment crossing is warranted.

During the second quarter of 2014, Public Information Centres (PICs) will be held in Grimsby and Lincoln to present EA alternatives for public input. Residents can also provide comments through the project web page or Regional staff. The project team is available to make presentations to Local Municipal Councils upon request.

REPORTS PERTINENT TO THIS MATTER (Available electronically)

TSSC-C 53-2013

TSSC-C 46-2013

TSSC-C 44-2013

TSSC-C 32-2013

TSSC-C 15-2013

PW 76-2012

Submitted by:

Update on Major EA's, October 8, 2013

Escarpment Crossing Study - Project Update, July 9, 2013

Update on Major EA's, May 28, 2013 Escarpment Crossing Study Class EA Update, April 16, 2013

Update on Major EA's, January 15, 2013

Contract Award, 2012-RFP-01, Niagara Escarpment Crossing Study -Grimsby, Lincoln and West Lincoln, July 17, 2012

Escarpment Crossing Study Terms of Reference, March 6, 2012

Approved by:

Betty Matthews-Malone P. Eng. Acting Commissioner of Public Works

Harry Schlange Chief Administrative Officer

2 224

PW9-2014 January 7, 2014

This report was prepared by Jill Stephen, Associate Director (A), Public Works Strategic Projects; and reviewed by Joe Cousins, Director, Transportation Setvices Division, and Glen Cowan, Associate Director, Public Works Finance.

APPENDICES

Appendix 1 - Opportunities for New or Realigned Escarpment Crossings

3 225

APPENDIX 1 Opportunities for New or Realigned Escarpment Crossings

".< -~

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i. •.

i ,:•

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4 226

cff~Y'f #Y.l Niagara 4~~.nlir' Region

March 21, 2014

f Port co\borne City OCEIVED

Administration RE _ \~ Office of the Regional Clerk APR 1 2.0 .. 220 I St. David's Road, PO Box I tt".oRVJ9Wllf.EOl>li:11.'i\F.\T7 Telephone: 905-685-4225 Toll-free: l-lj9(!~Tkl\f~1:ax: 905-687-4977 www.niagararegion.ca

CL 4-2014, March 20, 2014 PWC 4-2014, March 4, 2014 Report PW 36-2014

LOCAL AREA MUNICIPAL CLERKS

SENT ELECTRON/CALLY

Combined Sewer Overflow (CSO) Control Policy 2014 Funding Recommendations Parent Project ZSW1410 PW 36-2014

Regional Council, at its meeting of March 20, 2014, approved the following recommendation of its Public Works Committee:

That subject to initiation of project ZSW1410 Wet Weather Flow/CSO Program, the amount of $5,320,615 BE APPROVED for the 2.014 Local Area Municipal projects identified in Appendix 1 of Report PW 36-2014 for funding under the CSO Control cost sharing program;

That funding of $20,615 BE TRANSFERRED from Wastewater Capital Variance Reserve for the 2014 CSO Control cost sharing program;

That subject to initiation of project ZSW1410, Regional staff PREPARE AND EXECUTE the respective partnership funding agreements with Local Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 2 of Report PW 36-2014; and

That the Area Municipalities BE ADVISED of the results of Regional funding support as set out in Appendix 1 of Report PW 36-2014.

A copy of Report PW 36-2014 is attached for your information.

Yours truly,

(§tj~Al~ N

1

a~h~~.-Devos Acting Regional Clerk /amn

cc. R. Tripp, Commissioner Public Works R. Barany, Administrative Assistant to the Commissioner Public Works M. Macara, Legal Services

227

REPORT TO:

SUBJECT:

RECOMMENDATION

Niagara 9/lf Region

Public Works Committee

Combined Sewer Overflow (CSO) Control Policy 2014 Funding Recommendations Parent Project ZSW1410

PW36-2014 March 4, 2014

1. That, subject to initiation of project ZSW141 O Wet Weather Flow/CSO Program, the amount of $5,320,615 BE APPROVED for the 2014 Local Area Municipal projects identified in Appendix 1 for funding under the CSO Control cost sharing program;

2. That funding of $20,615 BE TRANSFERRED from Wastewater Capital Variance Reserve for the 2014 CSO Control cost sharing program;

3. That, subject to initiation of project ZSW1410, Regional staff PREPARE AND EXECUTE the respective partnership funding agreements with Local Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 2; and

4. That Area Municipalities BE ADVISED of the results of Regional funding support as set out in Appendix 1.

PURPOSE

This report recommends approval of 2014 Regional CSO Control Program funding for Local Area Municipal CSO projects.


The recommended eligible projects submitted by Local Area Municipalities total $5,320,615, which exceeds the 2014 CSO Control Program funding of $5,300,000 by $20,615. It is recommended that this amount be funded from the Wastewater Capital Variance Reserve (CVR).

Sufficient funding is available in the Wastewater CVR to accommodate the transfer. The balance in the Wastewater CVR is currently $1,000,000. An initiation report will be presented to the Corporate Services Committee concurrent to this report to initiate the funding included in the 2014 budget.

REPORT

On November 20, 2013 Local Area Municipalities were sent CSO Control funding applications by the Region with an application deadline of January 10, 2014. Forty-five

228

PW 36-2014 March 4, 2014

applications were received from Local Area Municipalities. Regional staff reviewed the applications and all were in compliance with the CSO Control Policy. The Local Area Municipalities CSO Control funding applications totaled $5,320,615

In the past, the CSO Control funding annual budget has generally been $6,600,000. In June 2013, a request was sent to Local Area Municipalities to provide an estimate of CSO Control funding required in 2014. Local Area Municipal estimates totalled $5,296,000. Based on these estimates, the 2014 CSO Control program annual budget was lowered to $5,300,000. The Local Area Municipalities' final funding applications totaled $5,320,615. This resulted in the budget being exceeded by $20,615. -

A summary of all recommended 2014 CSO Control Applications received from the Local Area Municipalities, including project descriptions, is included in Appendix 1. Subject to Council's approval, participating Local Area Municipalities will be issued a letter formalizing funding terms and conditions. An outline of the terms and conditions is provided in Appendix 2.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

PWA 116-2008

PW 22-2013

Submitted by:

Combined Sewer Overflow (CSO) Control Policy-Proposed Policy Amendments

Combined Sewer Overflow (CSO) Control Policy-2013 Funding Recommendations

Approved by:

Betty Matthews-Malone, P.Eng. Acting Commissioner of Public Works

T/Jis report was prepared by A/yshia Tuomi, P.Eng., Project Manager and reviewed by Mic/Jae/ Roach, Manager, Public Works Finance, Cathy DeLuca, Senior Budget Analyst, and Charles Rittner, Acting Director, Water & Wastewater Services.

APPENDICES

Appendix 1 - Recommended 2014 CSO Control Funding Requests

Appendix 2 - Terms and Conditions of Funding Agreements

2 229

Appendix 1 Recommended 2014 CSO Control Funding Requests

Municipality Project Tit!e Proj~ct Type · Funding·AppHE!d Pl-eject Descriptio~ · .

20l4 (50%)

.

Lincoln Beamsvl\Ie I/! Post Rehabilitation Assessment Study $11,500 Analysis of flow data, flow monitoring, post construction analysis

Niagara Falis Robinson Street Sewer Separation (Main Street to Stanley Construction $232,000 Sewer separation, new storm sewer. Avenue}

Niagara Falls Robinson Street .Sewer Separation (East Limit- Stanley Design $12,800 Design of sewer separation and new storm sewers. Avenue)

Niagara Falls Maple Street Sewer Separation (Third Avenue to Sixth Design and Construction $342,150 Design and construction of sewer separation, new Avenue} storm sewer.

Niagara Falls Sylvia Place Sewer Separation (Peer Street to Ferry Street) Construction $82,500 Sewer separation, new storm sewer.

Niagara Falls Crescent Road Sewer Separation (Dorchester Road to West Design $9,100 Design of sewer separation, including new storm limit) sewer.

Niagara Falls Desson Avenue, Buchanan Avenue and Slater Avenue Construction $378,402 Sewer separation, new storm sewer. (Spring Street to Kitchener Street) - Sewer Separation

Niagara Falls Crysler Avenue Sewer Separation (El!ls Street to Qu~en Design $11,303 Design of sewer separation and new storm sewers.

Street} Niagara Falls St.Lawrence Avenue Sewer Separation (Ellis Street to Queen Design $12,051 Design of sewer separation and new storm sewers.

Street)

Niagara Falls North Street Sewer Separation (Portage·Road to Stanley Design $15,600 Design of sewer separation,. new storm sewer.

Avenue)

Niagara Falls Fifth Avenue Sewer Separation (Bridge·street to North Design $9,250 Design of sewer separation and new-storm sewers.

Limit)

Niagara Falls Sixth Avenue Sewer Separation (Bridge Street to North Design $9,250 Design of sewer separation and new storm sewers.

Limit}

Niagara Falls Kitchener Street Sewer Separation (Portage Road to Stan!ey Design $15,175 Design of sewer separation, new storm sewer.

Avenue) Niagara Falls Ba!moral Avenue Sewer Separation (including Maureen and Design $14,155 S~wer separation, installing new storm sewer.

Timothy Crescent)

Niagara Falls Stanton Avenue Sewer Separation (Leader Lane to Design and Construction $71,023 Design and construction of sewer separation, new

Ferguson Street) storm sewer.

230


Municipality Project Title Project Type Funding Applied Project DescriptioO"

2014 (50%)

Niagara Falls Huron Street Sewer Separation (First Avenue to Fourth Design and Construction $242,525 Design and construction of se:wer separation, new Avenue) storm sewer.

Niagara Falls Allendale Avenue Sewer Separation {Rcibinson Street to Design $8,438 Design of sewer separation and new storm sewers.

Ferry Street) Niagara Falls Second Avenue Sewer Separation {Huron Street to Map[e Design and Construction $105,800 Design and Construction sewer separation, installing

Street) new storm sewer. Niagara Falls Grey Avenue Sewer Separation (Peer Street to Ferry Street) Design and Construction $87,275 Design and Construction sewer separation, installing

new storm sewer.

Niagara Falls Ellis Street Sewer Separation (Ontario Avenue to Burch Design and Construction $25,406 Design and Construction sewer separation, installing Place) new storm sewer.

Niagara Falls Ralph Avenue Sewer Separation {Dixon Street to Dunn Design and Constructicin $81,221 Design and Construction sewer separation, installing

Street) new storm sewer.

Niagara Falls Corwin Crescent Sewer Separation {Watter Avenue to Design and Construction $727,205 Sewer Separation, installing new storm sewer.

Carlton Avenue) Niagara Falls Brookfield Avenue Sewer Separation (Clare Crescent to Design $19,200 Design of sewer separation, new storm sewer.

Lundy's Lane)

Niagara Falls Drummond Road Sewer Separation {Mcleod Road to Study $9,200 Study for sewer separation in area.

Oldfield Road)

Niagara Falls Maranda Street- Franklin Avenue to Drummond Road - Design $10,000 Design of sewer separation and new storm sewers.

Sewer Separation

Niagara Falls Level Avenue Sewer Separation {Dixon Street to Dunn Design and Construction $126,280 Design and construction of sewer separation, new

Street storm sewer.

Niaga rq Falls Buchner Place Sewer Separation {Drummond Road to Eas,t Construction $44,400 Sewer separation, new storm sewer.

Limit) Niagara Falls Cofborne Street Sewer Separation (St.James Avenue to Design and Construction $184,800 Design am;l Construction sewer separation, installing

Portage Road) new storm sewer.

Niagara Falls Niagara Falls Pollution C~ntrol Plan Update Study Study $100,000 Updating the Pollution Prevention Control Plan. Flow Moniterin~ and Modelling.

NOTL Phase !-Garrison Vlllage Pumping Station Drainage Area Study $61,000 An 1/1 study. .. .-;:

CSO Reduction Project :·· . . .

231


Municipa!i_ty Project Title Project Type Funding App.lied Project Description 2014(50%)

. ..

NOTL Phase 2 - Lakes ho re Road Pumping Station Drainage Area Study $131,606 Phase Z of an l/1 reduction plan including; additional CSO Reduction Project investigation, pipe rehabi!ltation, manhole rehab,

and flow monitoring to quantify success

St.Catharines Flow Monitoring - Hydraulic Model Enhancement Study $50,000 Collect and analyze flow monitoring data.

St.Catharines George Street & Catherine Street-New Storm Sewers Construction $317,500 Sewer Separation. New storm sewers.

St.Catharines Buckla"nd Sewer-New Storm SeWers Construction $325,000 Sewer Separation. New storm sewers.

St.Catharines Chestnut Lane - New Storm sewers Study $137,500 Sewer Seoaration. New storm sewers. St.Catharines Extraneous Flow and Collection System Evaluation Survey Study $500,000 Identify and evaluate !/l issues. Detailed system

wide sewer condition assessments Welland CSO & Sewer System Flow Level Monitoring Study $50,000 Flow Monitoring. Third party funding. Welland River Road Area Sewer Separation Study $250,000 Sewer Separation, construction of new storm

sewers. Third party funding.

Welland Empress Ave Sanitary Drainage Area Design $37,500 Study and design to address high i/! issues within area.

Welland Empire St Area Sewer Separation Construction $250,000 Sewer Separation, construction of new storm sewers

Welland OAW Overflows Lincoln & Coventry Study $25,000 Flow Monitoring of overflows in an area.

Welland CSd Pci!lution Control Plan Update & Sanitary Sewer Study $50,000 Flow monitoring of various overflow within the City

Modelling Study of Welland. Third party funding.

Welland Rtch St Pumping Station Drainage Area Extra.neous F!ow Design and Construction $37,500 Investigation into extraneous flows in the Fitch St

Reduction Program SPS drainage area. lnduding flow monitoring, possible addition of orifice and weirs to reduce CSO's

Welland Edgar Elgin St Area Sewer Separation Design $50,000 Sewer Separation investigation and design

Welland OAWTunne! Disconnection Construction $50,000 Sewer Separation, construction of new storm sewers. Separate sanitary flows from tunnel.

Total Recommended 2014 Funding $5,320,615

232

Appendix 2

Combined Sewer Overflow Control Policy Funding Conditions

The terms and conditions under which funding will be offered to the successful applications include the following:

1. Amount of Funding, Studies - The Region shall contribute 50% of study costs, provided the Region participates on a committee overseeing the study and the study covers the entire area tributary to the Wastewater Treatment Plant(s) and includes both local and Regional infrastructure.

2. Amount of Funding, New Facilities and Measures - The Region shall contribute 50% of the cost of new control facilities and measures, provided that; the facility or measure is supported by a recommendation from a current CSO study, life cycle cost comparisons of alternative solutions were undertaken and the Region agrees with the cost comparisons, the Region agrees with the 'best overall solution', and the Region participates on a committee overseeing the design.

3. Third Party Funding- The Region's 50% funding shall be net of any third party funding approved for the project. If third party funding is obtained after Regional funding approval, the amount of Regional funding will be adjusted to be net of any third party funding. Payment of the 50% funding to the Area Municipality shall be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application.

4. Project Lead Studies - lead by either the Area Municipality or the Region based on a mutual agreement prior to initiation of study.

5. Project Lead New Facilities and Measures - a project located in the Area Municipal wastewater system shall be managed by the Area Municipality, if a project is in the Regional wastewater system it shall be managed by the Region. On a case-by-case basis the Region may consider managing a project in the local system, if requested by the Area Municipality.

6. Ownership and Operation of Assets - The ownership and operation of all new and existing assets shall remain the responsibility of the current owner. The Area Municipality, on a case by case basis, may request the Region to operate and maintain an existing or new CSO control facility on behalf of the Area Municipality on a direct charge back basis.

7. Follow up Flow Monftoring- On a case-by-case basis, the Region may include a condition or approval of funding that requires follow up fiow monitoring to assess its effectiveness.

8. Expiry of Funding- Funding of a project by the Region may expire if the local Area Municipality does not invoice the Region within three (3) years of the dale of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may revoke funding. The Region may also withdraw funding for future phases if a project does not proceed on a continuous basis toward compjelion.

9. Indemnity- The Region, or its directors, officers, employees, agents or consultants will not be held liable as a result of providing funding for any project.

10. Regional Recognition - The Area Municipality is to ensure that the Region is to be acknowledge in all advertising and publicity related to the project for which funding was provided.

11. Project Deliverables- The Region shall receive copies of all project deliverables, including, but not limited to, reports, fiow monitoring data, hydraulic modelling files, GIS layers/data, and technical memorandums.

12. Funding Agreement- A letter formalizing the funding in accordance with the Region's CSO Funding Policy will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding.

233

Legislative Assembly of Ontario ~

Ontario

Assemblee legislative de !'Ontario

C:,lty of Port Colborne 1"~ ECEIVED

Cindy Forster M.P.P. MAR 2 7 2014 Welland

"·1JkPORATE SERVICES

DEPARTMl:NT

To Ashley Grigg, City Clerk,

Please copy and distribute the attached letter to all members of the City of Port Col borne Council for

their review.

Regards,

Cindy Forster MPP Welland

Unit 103 - 60 King Street, Welland, Ontario L3B 6A4 Tel. (905) 732-6884 • Fax (905) 732-9782 235


Ontario


Cindy Forster M.P.P. Welland

Hon. David Orazietti, MPP Ministry of Natural Resources Suite 6630, 61

h Floor, Whitney Block 99 Wellesley Street West Toronto, Ontario M7A 1W3

Dear Minister,

I am writing this letter to echo the concerns of city councilors, regional councilors, conservationists, residents of the Niagara Region as well as past and present members of the board of the Niagara Peninsula Conservation Authority over the recent actions of the NPCA.

Since January of 2012 the NPCA has termination of no less than 20% of their staff, including many long-serving senior positions such as, Senior Planner, Engineer, Senior Corporate Manager, Conservation Planner, Director of Land Management and the Site Administrator of Ball's Falls. These positions have been filled with junior employees, some just out of school, one without a public posting and given new tifles such as: Supervisor of Construction Approvals, Planning Approvals Analyst and Operations Manager.

These personnel changes have not been the only major changes taking place. The NPCA recently released their Strategic Plan that outlines their goals for the next four years. Concerns have been raised over the direction in the plan and the shift towards the potential sale, purchase and development of NPCA land.

In the plan, one of the key objectives is the 'Streamlined, Efficient Delivery of Development Approvals Process', which clearly defines development as a priority. Also, I understand that a separate committee has been struck to deal specifically with property acquisition and disposal. The committee is comprised of representatives from the development community.

The NPCA's new shift in direction is evident in a current land deal that was confirmed on Wednesday, March 19, 2014. The NPCA has purchased a 15 acre parcel of land in Wainfleet, which was conditional on the Wainfleet Council waiving their 5%in lieu of parkland fee. On March 101

h, the St. Catharines Standard reported that the NPCA was urging the Wainfleet Council to waive the fee to give the developer a break. Not only does this mean a loss of precious tax dollars for Wainfleet, but this is a piece of land which the Region of Niagara Council deemed unsuitable for purchase in 2012.

Unit 103 - 60 King Street, Welland, Ontario L3B 6A4 Tel. (905) 732-6884 • Fax (905) 732-9782 236


Ontario


Cindy Forster M.P.P. Welland

According to the mandate of Conservation Authorities of Ontario, the NPCA is here to ensure that Ontario's rivers, lakes and streams are properly safeguarded, managed and restored; to protect, manage and restore Ontario's woodlands, wetlands and natural habitat; to develop and maintain programs that will protect life and property from natural hazards such as flooding

and erosion; to provide opportunities for the public to enjoy, learn from and respect Ontario's

natural environment.

Many are worried that the NPCA is diverting away from their mandate.

I am writing this letter to request that the Minister of Natural Resources:

1. Allocate Ministry staff to review the recent personnel issues at the NPCA. 2. Review the NPCA and their adherence to their mandate and Ontario Conservation

Authority standards. 3. Institute a moratorium on current and future NPCA land acquisitions and disposals until

the reviews are completed.

I strongly urge the Minister to take these steps to ensure that the NPCA is operating in accordance with their

mandate and Ontario Conservation Authority regulations.

Sincerely,

Cindy Forster

MPP Welland Riding

Cc: Welland City Council

Port Colborne City Council

Thorold City Council Pelham Town Council

Niagara Regional Council

Niagara Falls City Council N'1agara-on-the-Lake Town Council

Fort Erie Town Council West Lincoln Town Council

Grimsby Town Council

St. Catharines City Council

Unit 103 - 60 King Street, Welland, Ontario L3B 6A4 Tel. (905) 732-6884 •Fax (905) 732-9782

237


Ontario


Cindy Forster M.P.P.

Wainfleet Township Council Hamilton City Council Haldimand County Council

Welland

Niagara Peninsula Conservation Authority Board of Directors Ontario Conservation Authority MPP Jim Bradley MPP Tim Hudak MPP Wayne Gates MPP Toby Barrett MPP Paul Miller MPP Andrea Horwath MPP Monique Taylor MPP Linda Jeffrey

Unit 103 - 60 King Street, Welland, Ontario L3B 6A4 Tel. (905) 732-6884 • Fax (905) 732-9782

238

I

City of Port Colb.orne RECEIVED

APR -7 20\4 MEMORANDUM • ... .. . J,o ;.• :.i;vV\: St:RVICES ,,,,PAHTMENT

POR. T COLBOR.NE COMMUNITY SERVICES Tel. 905-834-1668 Ext. 531

TO: Mayor and Council City of Port Colborne

FROM: Harry Hakim, Manager of Community Services

DATE: April 3, 2014

RE: Flavours of Niagara Committee - Amendment Terms of Reference

At the April 3, 2014 meeting of the Flavours Advisory Committee the amended terms of reference were discussed and ratified for approval as follows:

Article 1.0 Composition of the Committee

Membership of the Flavours Advisory Committee shall be

comprised of those individuals who are directly responsible for managing and running specific components of festival & event The Flavours Advisory Committee will seek support from City Council, applicable City Staff, and service organizations, including members from the food & beverage industry as required.

The Committee shall consist of the following members:

• Community Services Event Staff.

• A member of City Council. • Designated City support staff. • Not more than three (3) members from the public/private sector

representing the local food & beverage industry, service organizations, i.e. local restaurant, service organizations and/or local craft brewery/winery representation.

• Technical advisors will be drawn from Niagara Regional Police Services, Fire & Emergency Services, Niagara Region Public Health Services and the Alcohol and Gaming Commission of Ontario (who shall serve in an advisory capacity) and media representatives.

The committee will continue to perform in an advisory capacity to municipal Council and clarify reporting authority. The Community Services Events staff have the responsibility for planning and executing the festival & event in collaboration with other departments and with the assistance of volunteers. The transfer of responsibility for planning and operating the festival has been approved and is currently managed by Community

1

239

Services Event staff of the City of Port Colborne. The administrative functions have been embraced and executed by the staff, which includes logistics and infrastructure requirements, booking entertainment, arranging for culinary vendors, collaborating with other departments, establishing details for volunteer support and the overall management of the festival & event. Approval of the amended Terms of Reference for the Flavours Advisory Committee will continue to provide the Committee an operating guideline and will allow the committee to expand its scope of participation and expertise.

An important facet for any event is underpinning the festival & event with the foundations of a committee that feels is supported by participants within the food & beverage industry (i.e. private sector). This will further strengthen the committee component and positively impact the events strategy and support its continued growth & development as a major food festival & event for the City of Port Colborne. The Terms of Reference for the Flavours Advisory Committee were previously amended in 2011 to reflect the changes in responsibility and reporting structure. The primary aspects of the Terms of Reference have not changed. However, in order to encompass participation by the food & beverage industry et al, the composition is proposed to be amended as follows:

1. That Council of the Corporation of the City of Port Colborne approve the amendments to the Terms of Reference, Article 1.0 Composition of the Committee for the Flavours Advisory Committee, to include not more than three (3) members from the public/private sector representing the local food & beverage industry including service organizations; and

2. That the City Clerk provide the appropriate amendment to the bylaw for the change to the Terms of Reference for Council approval, and


Sincere Regards,

Harry S. Hakim, BPHE. McMM

Manager of Community Services Tel. 905-834-1668 E-mail [email protected]

2

240

Dear Sir / Madam:

City of Port .Colborne RECEIVE()

APR -7 2014 CORPORATE: Sl:f\lilC~.~.·

DEPARTMt:MI

I am writing to you today in my capacity as President of Operation Lifesaver.

Canada's Public - Rail Safety Week will be held from April 28 to May 4, 2014. The purpose of this national week is to raise rail safety awareness among all Canadians and to highlight the ongoing commitment of the rail industry, its member companies and their employees, to make the rail network even safer.

Once again this year, operation Lifesaver is proud to support the various activities and events that will be taking place throughout Public - Rail Safety Week across the country to raise public awareness on reducing avoidable accidents, injuries and damage caused by collisions at level crossings or incidents involving trains and citizens.

Your City Council can be a powerful ally for our public awareness campaign by adopting the enclosed draft resolution to support Public - Rail Safety Week in your community. Should you require additional information about Operation Lifesaver and rail safety, please consult www.operationlifesaver.ca.

Thank you in advance for supporting this request and Public - Rail Safety Week. We would greatly appreciate it if you would send us a copy of such a resolution.

Stephen Covey President Operation Lifesaver

ii Draft Resolution_Raill Safety Week_April 2014.docx

241

(Draft Resolution)

RESOLUTION IN SUPPORT OF PUBLIC - RAIL SAFETY WEEK

Whereas Public - Rail Safety Week is to be held across Canada from April 28 to

May4,2014;

Whereas it is in the public's interest to raise citizens' awareness on reducing

avoidable accidents, injuries and damage caused by collisions at level crossings

or incidents involving trains and citizens;

Whereas Operation Lifesaver is a public/private partnership whose aim is to

work with the rail industry, governments, police services, the media and other

agencies and the public to raise rail safety awareness;

Whereas Operation Lifesaver has requested City Council adopt this resolution in

support of its ongoing effort to save lives and prevent injuries in communities,

including our municipality;

It is proposed by Councillor

seconded by Councillor

It is hereby RESOLVED to support national Public - Rail Safety Week, to be held

from April 28 to May 4, 2014.

242

From: To: Date: Subject:

"Devos, Natasha" <[email protected]> 11 Devos, Natasha 11 <[email protected]>, 03/26/14 02:57 PM Motion for Support - Long Term Energy Plan

City of Port Co11J9rne RECEIVED

MAR 31 201' CORPORATE SERVICES

DEPARTMENT

Please find attached a motion respecting Ontario's Long Term Energy Plan that was passed by Council for The Regional Municipality of Niagara at its meeting held on January 15, 2014.

The motion was circulated to Ontario Municipalities in the AM O's February 27 issue of the Watch File.

Council for Niagara Region respectfully requests your Council's support for the attached motion.

Thank you, Natasha

Natasha L. Devos, BA, CMM I Acting Regional Clerk Office of the Regional Clerk Niagara Region 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Phone: 905-685-4225 ext. 3296 www.niagararegion.ca

-,: Niagara Region Motion Re Long Term Energy Plan.pd!

243

2201 St David's Road, PO Box 1042, Thorold, ON L2V 4T7

Niagara _ Region Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-641-5208 www.niagararegion.ca

The following resolution was adopted by Council of The Regional Municipality of Niagara at their regular meeting held on January 16, 2014:

City of Port Colborn•· RECEIVED

Moved by Councillor Jeffs MAR 31 201~ CORPORATE SERVICF:

OEPAl'ffMENT Seconded by Councillor Eke

WHEREAS the province's recently released Long Term Energy Plan anticipates that consumers will face hydro rates that will rise by 42% over the next five (5) years;

WHEREAS the Minister of Energy recently announced that past FIT prices are driving electricity prices higher and that changes to domestic content requirements for construction of future renewable energy projects are necessary to lower future electricity rates;

WHEREAS the recent auditor-general's report advised of extreme amounts of waste in the energy sector, particularly at Ontario Power Generation and Hydro One, due to high labour costs and generous public sector pension plans;

WHEREAS decisions including but not limited to the cancellation of gas plants in Ontario could cost taxpayers close to $1.1 billion;

WHEREAS it is essential for the residents and businesses of Niagara to have access to affordable hydro to thrive and prosper;

THEREFORE BE IT RESOLVED:

That the Regional Municipality of Niagara CALL ON Premier Wynne and the Province of Ontario to take immediate action to prevent these and any other rate increases from being implemented; and

That this motion BE CIRCULATED to all Ontario municipalities for support.

Cc: The Association of Municipalities of Ontario All Municipalities in Ontario

CARRIED.

244

C:i~y r:/- ;-_:ic·r~ Cc-~het;"':~__; l'.:~ re: , · -· ·~-\I i'-7. [')

' "" ~-.~ ••'

Minister of Veterans Affairs

Ministre MAR 1 4 2014 des Anciens Combattants

Ms. Ashley Grigg City Clerk

Ottawa, Canada K1A OP4

Community and Corporate Services Department City of Port Colborne 66 Charlotte Street Port Colborne, Ontario L3K3C8

Dear Ms. Grigg:

MAR 1 0 2014

Thank you for your letter informing me of the Council of the Corporation of the City of Port Colborne's resolution regarding the commemoration of the members of the Queen's Own Rifles of Toronto who were killed during the Battle of Ridgeway in June 1866 or who succumbed to their injuries.

First, let me assure the Council that our Government is committed to preserving Canada's proud military heritage and to paying tribute to the courageous individuals who defended the freedom we enjoy today, in particular those who made the ultimate sacrifice.

Through its Canada Remembers program, Veterans Affairs Canada strives to cultivate a greater awareness of and appreciation for the tremendous contributions made by our service men and women following Confederation in 1867, whether in times of war, armed conflict or peace.

With respect to the burial sites of our Veterans and fallen heroes, under Order in Council PC 1965-688, the Department is responsible for the care and maintenance of the graves of former members of the Canadian Armed Forces who rendered outstanding service to the country, the maintenance of graves and grave markers of those who were buried or whose grave markers were erected at the expense of the Government of Canada, and national services to

.. .12

Canada 245

-2-

honour the war dead. However, allow me to explain that, because its mandate does not extend to military engagements that took place before 1867, Veterans Affairs Canada does not have the authority to designate the "Ridgeway Nine" as Canadian war dead or to care for their graves.

Furthermore, as the Books of Remembrance commemorate the sailors, soldiers and air crew who have given their lives since Confederation, the militiamen who fell during the Battle of Ridgeway do not meet the criteria for inclusion.

That being said, I certainly agree that the Battle was an imp01iant moment in our nation's history, and I have taken the liberty of forwarding a copy of your correspondence to the Honourable Shelly Glover, Minister of Canadian Heritage and Official Languages, who is in the best position to address requests relating to the commemoration of pre-Confederation events.

Again, thank you for writing. The Council's interest in the guardianship of Canada's military legacy is appreciated, and I hope that the information provided and action taken are helpful.

Sincerely,

Hon. Julian Fantino, PC, MP

246

March 24th, 2014

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

Dear Ms. Grigg,

8Pelham NIAGARA

Vibrant · Creative · Caring

At their regular meeting of March l 71h, 2014 Council of the Town of Pelham received a copy of the Port Colborne Council resolution requesting support for increased electricity rates and chose to endorse and support ii. A copy of the original correspondence is enclosed for your information.

On behalf of Council, thank you for this important correspondence.

'--/Yours very truly, C-1 (Mrs.) n J. ~.M.M., AMCT Town Cle

c.c. Honourable Kathleen Wynne, Premier of Ontario Honourable Bob Chiarelli, Minister of Energy Honourable Glen Murray, Minister of Infrastructure Ontario Power Authority Tim Hudak, MPP, Niagara West Glanbrook

From the Oerk's Department

~Administrative ,.,, Services

20 Pelham Town Square P.O Box 400 · Fonthill, ON LOS 1EO p: 905.892.2607 f: 905.892.5055

pelham.ca ~ > ~ -·· ~ - - -

247

\TOWN OF PELHAMl ' 'AJ1!3 -· ()0 20111 \ ! 1v1 •• r~

\.~-~1j;&e4l.'iE..Q ..... J PORT COLBORNE

CITY OF PORT COLBORNE Municipal Offices

66 Charlotte Street Port Colborne, Ontario

L3K 3C8 www.portcolborne.ca

COMMUNITY & CORPORATE SERVICES DEPARTMENT, CLERK'S DIVISION

February 25, 2014

Ontario Energy Board P.O. Box 2319 2300 Yonge Street Toronto, Ontario M4P 1 E4

Dear Sir/Madam:

RE: Request for Support Re Increased Electricity Rates

Please be advised that, at its meeting of February 24, 2014, the Council of The Corporation of the City of Port Colborne resolved as follows:

That the Ontario Energy Board be advised that the Council of The Corporntion of the City of Port Col borne objects to and opposes any hike in electricity rates that are not justified as clearly a cost of production; and

That a copy of this resolution be circulated to the Premier of Ontario, the Minister of Energy and Infrastructure, the Ontario Power Authority, Cindy Forster, MPP, Welland Riding, the Association of Municipalities of Ontario, the Region of Niagara, and Area Municipalities.

cc. The Honourable Kathleen Wynne, Premier of Ontario The Honourable Bob Chiarelli, Minister of Energy The Honourable Glen Murray, Minister of Infrastructure Ontario Power Authority Cindy Forster, MPP, Welland Riding Association of Municipalities of Ontario The Region of Niagara Area Municipalities

Telephone: 905-835-2900 Email: [email protected] Fax: 905-834-5 7 46 248

Township of Wainfleet )/'Wain(feet - (inlyour country sidel~1 t.v of Port Colborn<>

RECJ:::T\'fEP MAR 31 20\4

Ashley Grigg, City Clerk City of Port Colborne 66 Charlotte St.

CORPORATE SERVi1 .. fc DEPARTMHP'

Port Colborne ON L3K 3C8

RE: Resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin

Dear Ms. Grigg,

Thank you for your recent correspondence, received by our office on March 181h,

2014. Please be advised that Council for the Township of Wainfleet, at its meeting held on March 251

h, 2014, passed the following resolution:

THAT correspondence item no. 083 the City of Port Colborne to Prime Minister Stephen Harper regarding a resolution passed by its Council on March 101

h, 2014 in opposition to the construction of the nuclear waste repository in the Great Lakes Basin, and requesting the suppo1i of local area municipalities, be received for information.

Should you have any questions, please do not hesitate to contact the undersigned.

Sincerely,

Stacey Duncan Deputy Clerk

cc: Local Area Municipalities (via email)

31940 Highway #3 •P.O. Box 40 • Wainfleet, ON• LOS 1VO

PHONE 905.899.3463 •FAX 905.899.2340 • www.wainfleet.ca

"

249

Office of the Clerk

City of Port: Colborne RECEIVED

APR - 2 2014 COkPlit(1' it. Si:RV!CES

DEPARTMENT

April 2, 2014 Sent v'1a email: [email protected]

The Honourable Stephen Harper Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A OA2

Honourable and Dear Sir:

Re: Request support of resolution Opposing the Construction of the Nuclear Waste Repository in the Great Lakes Basin Emergency Management Programs

The Municipal Council of the Town of Fort Erie at its meeting of March 31, 2014 passed the following resolution in response to a request received from the City of Port Colborne:

THAT: The Municipal Council of the Town of Fort Erie hereby supports the resolution from the City of Port Colborne urging the Government of Canada and the Government of Ontario to reject and seek alternatives to Ontario Power Generation's proposal to bury radioactive nuclear waste in the Great Lakes Basin, and further

THAT: The appropriate persons be so notified of this action.

We thank you for your attention to this matter.

(l)"'~''n_ 01c_ ~o!yn }·Ke$ AM.C.T., Town Clerk [email protected] CJK/dlk c.c. The Honourable Kathleen Wynne, Premier of Ontario Sent via email: [email protected]

The Honourable Leona Aglukkaq, Minister of the Environment Sent via email: [email protected] A. Grigg, City Clerk, City of Port Colborne Sent via email: [email protected]

The Corporalion of the Town of Fort Erie Municipal Centre, I Municipal Centre Drive, Fort Eric, Ontario, Canada L2A 2S6

Office Hours: 8:10 a.m. to 5:00 p.m. Tel: (905) 871-t600 Fax: (905) 871-4022 Web· Site: www.fortcri<:.on.ca 251

April 3, 2014

City of Port Colborne 66 Charlotte Street Port Colborne, ON L3K 3C8

Attention: Ashley Grigg, City Clerk

Dear Ms. Grigg:

City of Port Colbome q IF.:CEIVED

APR -8 201~ " .. vi<PQRAfE SERVICES

DEPARTME:NT

Re: Nuclear Waste Repository in the Great Lakes Basin

Thorold

Please be advised that Thorold City Council, at its April 1, 2014 meeting, adopted the following resolution:

THAT the resolution received from the City of Port Co/borne, dated March 12, 2014 requesting the Government of Canada and Government of Ontario to reject (and seek alternatives to) Ontario Power Generation's proposal to bury radioactive nuclear waste in the Great Lakes Basin be received and supported.

Yours truly,

Donna Delvecchio, AMCT Deputy City Clerk

DD:cd

ec: F. Fabiano, Chief Administrative Officer S. Daniels, City Clerk

c: Right Honourable Stephen Harper, Prime Minister The Honourable Kathleen Wynne, Premier of Ontario

City of Thorold P.O. Box 1044, 3540 Scim1011 Parkway, Thorold, Ontario L2V 4117

www.t11111•old.c11n1 Tel: 91l5-227-ll613 253

Office of the Prime Minister

Cabinet du Premier ministre

Ottawa, Canada K1A OA2

Ashley Grigg City Clerk City of Port Colborne

March 26, 2014

Community & Corporate Services Department Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8

Dear Ashley Grigg:

City of Port Colborne .. , r-rE . _IVED MAR 31 2014

.... ,t11-«.,)1·<f.1 ff: SERVICES OEPARTMl':NT

I would like to acknowledge receipt of your correspondence of March 12 addressed to the Prime Minister containing a resolution of the Council of the Corporation of the City of Port Colborne regarding the proposed Deep Geologic Repository.

You may be assured that the views expressed in this resolution have been carefully reviewed by this office. As a copy of your correspondence has already been sent to the Honourable Leona Aglukkaq, Minister of the Environment, I am certain that she will also appreciate being made aware of the Council's views, and will wish to give them every consideration.

I have taken the liberty of forwarding a further copy to the Honourable Greg Rickford, Minister of Natural Resources, as he will also be interested in the Council's views.

Yours sincerely,

P. Monteith Executive Correspondence Officer

C d .... ana a 255

Queen's Park Toronto, Ontario

March 5, 2014

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

Dear Ms. Grigg:

~~~1 ~·~ Ontario

Randy Pettapiece, MPP Perth-Wellington

Re: Resolution on Joint and Several Liability

MAR 1 0 2014 . ,._ ~

·,· ·_ , •. :--.,·: ·--~ .. ~:-::,: •-:·.

On February 27, my private member's resolution on joint and several liability was debated in the Ontario legislature. I am pleased that the resolution received all party support, and every MPP who participated in the debate spoke in favour of it.

I want to sincerely thank the council of the City of Port Colborne for its support of my resolution. Prior to the debate, 187 municipalities submitted written resolutions of support. I am grateful for all of the feedback that I received.

It is now up to the government to take the feedback they have received and take action by bringing forward a plan that is fair to all concerned.

Again, I would like to thank the City of Port Colborne for its support in this endeavour.

Sincerely,

4~~ Rand;<P'ettapiece, MPP Perth-Wellington

Enclosure

Constituency Office• 55 Lorne Avenue East• Stratford, Ontario N5A 684 •Tel. (519) 272-0660 •Toll-free: 1-800-461-9701 •Fax (519) 272-1064 E-mail: [email protected] 257

FOR IMMEDIATE RELEASE February 27, 2014

MPPs support Pettapiece motion on municipal liability insurance

(Queen's Park) - MPPs today supported a motion calling on the government to reform joint and several liability insurance. Perth-Wellington MPP Randy Pettapiece introduced the motion to protect municipalities facing dramatically higher premiums.

"Taxpayers and their municipalities can't afford premiums that keep growing with no end in sight," said Pettapiece after the debate. "I'm very pleased that MPPs from all parties agreed by supporting my motion."

MPPs supported the motion overwhelmingly, with every speaker supporting it. The motion called on the government to protect taxpayers from higher property taxes by implementing a comprehensive, long-term solution to reform joint and several liability insurance by June 2014.

Pettapiece received 187 resolutions supporting his initiative from municipalities across Ontario.

"Municipal leaders from our area and across the province have spoken," he said. "I'm pleased that the legislature seems to be listening."

An AMO survey found that municipal insurance premiums have risen 22 percent over the last five years.

In Perth-Wellington, supporters of Pettapiece's motion included the County of Perth; the City of Stratford; the Town of St. Marys; the townships of Mapleton, Wellington North, and Perth South; the Town of Minto; and the municipalities of North Perth and West Perth.

Other supporters included the Association of Municipalities of Ontario (AMO) and the Insurance Bureau of Canada.

"The ball is in the Liberals' court," said Pettapiece. "We recognize it's a complex issue, but it's now up to the government to take the feedback they have already received from municipalities and the legal community, and come up with a plan that is fair to all conc13rned. ·

"We need them to do it now, before municipalities have no choice but to pass on further increases to taxpayers,'' he added, noting that it needs to happen in the current legislative session.

Steven Del Duca, the Liberal MPP for Vaughan, commended Pettapiece on the non-partisan tone of his motion. Wellington-Halton Hills MPP Ted Arnott also praised Pettapiece's actions, calling him persistent and trusted by his constituents.

- 30 -

Attached: Pettapiece resolution background information Video of Debate: http://pettapiece.ca/?p=2467

Randy Pettapiece, MPP I 519-272-0660 I www.pettapiece.ca

258

Frorn: To:

Cc:

Date: Subject:

Hazel Soady-Easton <[email protected]>


APR08 2014 COl>-PORATE SERVICES

DEPARTMENT

"Ashley Grigg ([email protected]) ([email protected])" <[email protected]>, "'[email protected]"' <[email protected]>, "Devos, Natasha ([email protected])" <[email protected]>, 'Christine Raby' <[email protected]>, '"Bonnie Nistico-Dunk ([email protected])"' <[email protected]>, "'Susan Daniels ([email protected])"' <[email protected]>, William Kolasa' <[email protected]>, '"Carolyn Kett ([email protected])"' <[email protected]>, "'Dean lorfida ([email protected])'" <[email protected]>, 'Carolyn Langley' <[email protected]>, "'[email protected]"' <[email protected]>, "'Holly Dowd ([email protected])"' <[email protected]>, "'[email protected]"' <[email protected]>, "'[email protected]"' <[email protected]>, "'[email protected]"' <[email protected]> 04/08/14 01:52 PM Request for support calling on the Government to reform joint and several liability - support of the 11 combined model"

Good afternoon Ashley;

The Council of the Town of Grimsby considered your correspondence of March 27, 2014 (attached) at the Council meeting on April 7, 2014 regarding the above mentioned and approved the following Resolution:

Resolved that the correspondence from the Town of Port Col borne regarding a request to support calling on the Government to reform joint and several liabilitysupport of the "combined model" be received and supported.

If you have questions with regard to the foregoing, please do not hesitate to contact me.

Hazel Soady-Easton Town Cl~rk Town of Grimsby

liability.pd!

259

I •.. ·4···,, .... :.f ?l' \

~ ""

PORT COLBORNE

CITY OF PORT COLBORNE Municipal Offices

66 Charlotte Street Port Colborne, Ontario

L3K 3C8 www.portcolborne.ca


March 27, 2014

The Honourable Kathleen Wynne Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1

Dear Premier Wynne:

RECEIVED.

/IPR 0 1 2014

AlJMINl~'TRA'l'ION DBP'r. ------

Re: Request for Support Calling on the Government to Reform Joint and Several LiabilitySupport of the "Combined Model"

Please be advised that, at its meeting of March 24, 2014, the Council of The Corporation of the City of Port Colborne resolved as follows:

WHEREAS the Council of The Corporation of the City of Port Colborne supports the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities. Specifically, the City understands three options are under consideration - the Saskatchewan Model, the Multiplier Model, or a third model which combines both;

AND WHEREAS the Council of The Corporation of the City of Port Colborne supports this third Combined Model as described by the Association of Municipalities of Ontario's (AMO's) March 4, 2014 policy update;

AND WHEREAS the Council of The Corporation of the City of Port Colborne supports AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances;

AND WHEREAS the provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for someone else's mistake;

NOW THEREFORE THE CORPORATION OF THE CITY OF PORT COLBORNE RESOLVES AS FOLLOWS:

... 2

Telephone: 905-835-2900 E-mail: [email protected] Fax: 905-834-57 46 260

Letter to the Honourable Kathleen Wynne (cont'd) Pa e 2

THAT the Council of The Corporation of the City of Port Colborne supports the adoption of the Combined Model under consideration and strongly encourages the government to immediately proceed with legislation which gives effect to this model;

AND FURTHER THAT The Honourable Kathleen Wynne, Premier of Ontario, The Honourable John Gerretsen, Attorney General, The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, Local Area Municipalities and the Region of Niagara, be so notified.

Your favourable consideration of the above resolution is respectfully requested.

Sincerely,

cc. The Honourable Madeleine Meilleur, Attorney General The Honourable Bill Mauro, Minister of Municipal Affairs and Housing Association of Municipalities of Ontario

/Local Area Municipalities Region of Niagara

Telephone: 905-835-2900 E-mail: [email protected] Fax: 905-834-57 46 261

From: To:

Cc:

Date: Subject:

Hazel Soady-Easton <[email protected]>

City OT Y-(.>1 ~ ,'-->V\U'\O~ ~~..,.

RECEIVED MAR 3\ 2014

( l)«µ1J1~ATE SERVICES DEPARTMENT

"Ashley Grigg ([email protected]) ([email protected])" <[email protected]>, "[email protected]" <[email protected]>, "Janet Pilon [email protected])" <[email protected]>, "Christine Raby" <[email protected]>, "Bonnie NisticoDunk ([email protected])" <[email protected]>, "Susan Daniels ([email protected])" <[email protected]>, William Kolasa <[email protected]>, "Carolyn Kett ([email protected])" <[email protected]>, "Dean lorfida ([email protected])" <[email protected]>, Carolyn Langley <[email protected]>, "[email protected]" <[email protected]>,"Holly Dowd ([email protected])" <[email protected]>, "[email protected]" <[email protected]>, "'[email protected]"' <[email protected]>, "'[email protected]"' <[email protected]> 03/18/14 03:4 7 PM Resolution for reform of joint and several liability insurance for municipalities

Good afternoon Ashley;

The Council of the Town of Grimsby considered your correspondence of February 25, 2014 (attached) at the Council meeting on March 17, 2014 regarding the above mentioned and approved the following Resolution:

Resolved that the correspondence from the Town of Port Colborne regarding reform ofjoint and several liability insurance for municipalities be received and supported.

Hazel Soady-Easton Town Clerk Town of Grimsby

(905) 309-2003 several liability insurance.pd!

263

I MAR o 5 21J1li CITY OF PORT COLBORNE .. li".·.pzl.·\ ... ./'... Municipal Offices AD~1fNJSlRATlON DEPT. 66 Charlotte Street

----~--.,--..

Port Colborne, Ontario

P . c N L3K3C8 ORT OLBQR_ E www.portcolborne.ca ~~~~~~~~~~--~~~~~~~~~~~~


February 25, 2014

The Honourable Kathleen Wynne Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1

Dear Premier Wynne:

RE: Resolution for reform of joint and several liability insurance for municipalities

Please be advised that, at its meeting of February 24, 2014, the Council of The Corporation of the City of Port Colborne resolved as follows:

That as recommended by the City's Insurance Broker, Council hereby supports the reform of joint and several liability insurance for municipalities, and resolves as follows:

That the Council of The Corporation of the City of Port Col borne supports the government's consideration and adoption of measures which limit the punishing impact of joint and several liability on municipalities;

That the provisions of the Negligence Act have not been updated for decades and the legislation was never intended to place the burden of insurer of last resort on municipalities. It is entirely unfair to ask municipalities to carry the lion's share of a damage award when at minimal fault or to assume responsibility for some else's mistake. Other jurisdictions have recognized the current model of joint and several liability is not sustainable. It is time for Ontario to do the same;

That if this situation continues, the scaling back on public services in order to limit liability exposure and insurance costs will only continue. Regrettably, it will be at the expense of the communities we all call home;

That the Council of The Corporation of the City of Port Colborne supports the adoption of both models under consideration as a significant incremental step to addressing a pressing municipal issue.

That a copy of this resolution be circulated to Randy Petta piece, MPP, Perth-Wellington, the Premier of Ontario, the Ontario Minister of Finance, Cindy Forster, MPP, Welland Riding, the Association of Municipalities of Ontario, the Region of Niagara, and Area Municipalities.

-Telephone: 905-835-2900 Email: [email protected] Fax: 905-834-5746

264

Correspondence to The Honourable Kathleen Wynne (cont'd)

cc. Randy Pettapiece, MPP Perth-Wellington The Honourable Charles Sousa, Minister of Finance Cindy Forster, MPP Welland Riding Association of Municipalities of Ontario The Region of Niagara Area Municipalities

--~-

Telephone: 905-835-2900 Email: [email protected]

page 2

Fax: 905-834-5746 265

From: To: Date: Subject:

City of Port Colbor'· " RECEJ\lf.~ i

APR -2 2014 CORPORA H:. Sr:t\V, · .. c.·:.

AMO Communications <[email protected]> DEPARTMEN"I "ashleygrigg@portcol borne .ca" <ash leyg [email protected]>, 04/02/14 04:41 PM AMO Breaking News - Bill 69, The Prompt Payment Act Put Aside ; Government Announces Construction Liens Act Review

TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL

April 2, 2014

Bill 69, The Prompt Payment Act Put Aside; Government Announces Construction Liens Act Review

Today, the Standing Committee on Regulations and Private Bills of the Ontario Legislative Assembly voted on a motion to set aside Bill 69, The Prompt Payment Act. Bill 69 was introduced in May 2013 by MPP Steven Del Duca to change the way payments were made under contracts in the construction industry. AMO and municipal governments across Ontario raised significant concerns with this legislation and AMO is optimistic that members of the committee will not bring the Bill back for further consideration.

At the Standing Committee, as well as prior to, municipal governments brought attention to the difficulty Bill 69 provisions would create for construction owners. Bill 69's payment timelines, progress payment provisions and lack of recognition for payments tied to construction milestones would have created challenges for municipalities in the management of public funds in construction contracts.

AMO, joined with several other public and private sector owner organizations, said the Bill should not proceed and that a proper government policy review be conducted to deal with prompt payment issues so that the perspectives of all interested parties could be input. Linked to this discussion, the Attorney General of Ontario announced last Friday that it would begin a review of the Construction Liens Act, under an independent party and to begin in spring 2014. AMO is awaiting details on this review process.

In addition, AMO President Russ Powers received a recent letter from the Ontario General Contractors' Association (OGCA) that explained its position on Bill 69, particularly apologizing to AMO for not reaching out to it and other construction owners when the issues in the Bill were under discussion within the construction industry. At Committee, it had also requested more time for examination of the issues and consultation with affected parties. Like AMO, OGCA has also called for more time for discussion and a more consultative process to discuss prompt payment issues instead ofBill 69.

We thank all the many municipal governments who sent letters on Bill 69 to the Standing Committee and all the political parties. It was very helpful. AMO will continue to work to ensure the interests and needs of our members are part of the future discussions regarding prompt payment for construction contracts.

AMO Contact: Craig Reid, Senior Advisor, [email protected], 416.971.9856 ext. 334.

267

PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record.

268

The "EIGHTH MEETING" (Regular) of the Committee of the Whole was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 24, 2014 commencing at approximately 9:00 p.m.

ATTENDANCE:


COUNCILLORS:

D. Elliott A. Desmarais F. Danch R. Bodner

Absent: W. Steele

Y. Doucet B. Kenny B. Butters

REGIONAL COUNCILLOR:

Absent: D. Barrick

STAFF:

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations H. Hakim, Manager of Community Services T. Cartwright, Fire Chief M. Bendia, Fire Prevention Officer A. Kane, Events Coordinator and Beach Supervisor G. Murdoch, Events Coordinator, MYAC and Senior Citizen Advisory Council D. D'lnnocenzo, Recording Clerk



By general consensus item 6 (Presentations) of the Committee of the Whole Agenda was brought forward for consideration during the Special Council meeting. The minutes reflect the order of the agenda.


Nil.


Moved by Councillor F. Danch Seconded by Councillor Y. Doucet

That the agenda dated March 24, 2014 be confirmed as circulated. CARRIED.


Nil.

4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

269

Minutes, Eighth Meeting (Regular) of Committee of the Whole, March 24, 2014 Page 2of10

The following items were identified for separate discussion:

Items 3, 6, 7, 10, 13, 14, 15

By general consensus, items requiring separate discussion were heard in the following order: 7, 10, 3, 6, 13, 14, and 15. The minutes reflect the order of the agenda.

5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

Moved by Councillor B. Butters Seconded by Councillor A. Desmarais

That Items 1 to 20 on the regular agenda be approved, with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendation contained therein adopted.

ITEMS:

1. Department of Community & Corporate Services, Report No. 2014-09, Subject: Cancellation, reduction or refund of Realty tax for 2013 taxation year for the address of 380 Elm Street

Committee of the Whole recommends:

That Council approves the application pursuant to Section 357, numbered 2013-07 to write off taxes in the total amount of $94.56 be approved.

2. Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-10, Subject: 2014 Operating/Capital Budget


1. That Council, in compliance with Ontario Regulation 284109, hereby confirms and approves that the 2014 budget was developed using the cash basis and has excluded the following accrual expenses: a portion of the amortization expense which amounts to approximately $848,000 and the amount of post-employment benefits expense which amounts to approximately $154,000.

2. That the Council of the City of Port Colborne approves the 2014 Budget as presented.

3. That Council adopt the attached by-law for the estimates for all sums required for the operations for the year 2014.

4. Department of Planning & Development, Report No. 2014-17, Subject: Recommended Consultant for the Completion of the 2014 Development Charges Study and Updated By-law


That Council adopt a by-law authorizing the Mayor and Clerk to sign an agreement with Watson & Associates for the completion of a Development Charges Study and updated by-law at a total cost of $36,900.00, exclusive of HST.

270


5. Department of Planning & Development, Report No. 2014-18, Subject: 2014 Update to the Memorandum of Understanding (MOU) between the Region of Niagara, Niagara Peninsula Conservation Authority and Area Municipalities


1. That Council approve the proposed "2014 Update to the Memorandum of Understanding for improving the Planning Function in Niagara" attached hereto as "Appendix C.

2. That the Regional Municipality of Niagara be notified of Council's decision.

8. Department of Engineering & Operations, Operations Division, Report No. 2014-11, Subject: Port Colborne Distribution System Annual Summarv Report


That Council accept Report 2014-11, Port Colborne Distribution System Annual Summary Report, prepared in accordance with Ontario Regulation 170103, for information.

9. Department of Engineering & Operations, Operations Division, Report No. 2014-12, Subject: Sherkston Community Centre Cistern System Annual Drinking Water Quality Report


That Council accept Report 2014-12, Sherkston Community Centre Cistern System Annual Drinking Water Quality Report, prepared in accordance with Ontario Regulation 170103, for information.


11. Memorandum from C. Mcintosh, EA to the CAO, Staff Liaison to the Accessibility Advisory Committee Re Changes to the Ontario Building Code with respect to Accessible Standards


That the memorandum received from C. Mcintosh, EA to the CAO, Staff Liaison to the Accessibility Advisory Committee, Re Changes to the Ontario Building Code with respect to Accessible Standards, be received for information.

12. Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street) City of Port Col borne (PW Report 20-2014)


That the correspondence received from the Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street) City of Port Colborne (PW Report 20-2014), be received for information.


16. Town of West Lincoln Re Water Wastewater Fiscal Service Review


271


That the resolution received from the Town of West Lincoln Re Water Wastewater Fiscal Service Review, be received for information.

17. City of St. Catharines Re Resolution of Support, Town of Arnprior -Rising Electricity Rates


That the resolution received from the City of St. Catharines Re Resolution of Support, Town of Arnprior - Rising Electricity Rates, be received for information.

18. Town of Lincoln Re Water & Wastewater Service Review


That the resolution received from the Town of Lincoln Re Water & Wastewater Service Review, be received for information.

19. Association of Municipalities of Ontario "Legislature Supports Motion on Municipal Liability Reform - More Municipal Action Needed" Re Request for Support Calling on the Government to Reform Joint and Several Liability - Support of the "Combined Model"


That the correspondence received from the Association of Municipalities of Ontario Re Request for Support Calling on the Government to Reform Joint and Several Liability - Support of the "Combined Model", be supported as follows:

WHEREAS the Council of The Corporation of the City of Port Colborne supports the government's consideration and adoption of measures- which limit the impact of joint and several liability on municipalities. Specifically, the City understands three options are under consideration - the Saskatchewan Model, the Multiplier Model, or a.third model which combines both;


AND WHEREAS the Council of The Corporation of the City of Port Colborne supports AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances;



272




20. Memorandum from Ashley Grigg, City Clerk, dated March 19, 2014 Re Bill 69, The Prompt Payment Act, 2013


CARRIED.

That the memorandum from Ashley Grigg, City Clerk, dated March 19, 2014, concerning Bill 69, The Prompt Payment Act, 2013, be received and the following resolution adopted:

WHEREAS Bill 69, The Prompt Payment Act, 2013 , an Act respecting payments made under contracts and subcontracts in the construction industry, will have significant impacts on the City of Port Colborne's ability to manage taxpayer funds prudently in construction and infrastructure contracts;

AND WHEREAS if it is passed as is, Bill 69 could negatively impact municipalities, other public sector organizations, provincial government ministries and agencies as well as potentially residents and homeowners;

AND WHEREAS in particular, Bill 69 will limit the City's ability to contract for the best payment arrangements to safeguard public funds in each construction project it manages. Bill 69 imposes unrealistic and imprudent timelines for payment and to review work and certify payments; limits the City's ability to hold back reserves for warranty and maintenance; and does not reflect the complex nature of financial arrangements under large infrastructure projects.


THAT Bill 69, The Prompt Payment Act, 2013 be amended to:

• reflect rnore realistic timelines for payments in infrastructure projects;

• allow time for due diligence before accepting work and certifying payments; and

• allow payments to continue to be tied to project milestones.

AND FURTHER THAT The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, Steven Del Duca, MPP, Vaughan, Andrea Horwath, NDP Leader and Tim Hudak, PC Leader, the Association of Municipalities of Ontario, Local Area Municipalities and the Region of Niagara, be so notified.

273

Minutes, Eighth Meeting (Regular) of Committee of the Whole, March 24, 2014 Page 6 of 10

6. PRESENTATIONS

(a) Tom Cartwright, Fire Chief, Re Presentation of Appreciation Awards to honour the following businesses that have either donated monies, supplies, services or time to the Fire Department

Tom Cartwright, Fire Chief, Mike Bendia, Fire Prevention Officer, Robert Heil, Chief Administrative Officer, and Mayor Badawey, presented a plaque to each of the following businesses in recognition of their contributions to the Fire and Emergency Services Department:

)> Frank's Home Building Centre )> J. Oskam Steel Fabricators Ltd. )> Karl Kahane Foundation )> Port Colborne Home Hardware Building Centre )> Port Colborne Lions Club )> Simmons Auto Body Ltd.

The Fire Chief advised that those businesses on the listed agenda that could not be in attendance would be recognized at a future Council meeting.

7. DELEGATIONS

Nil.

8. MAYOR'S REPORT

Mayor Badawey advised that the Vale Health and Wellness Centre has been awarded the Niagara Community Design Award for Sustainability. Mayor Badawey displayed the award, which will be displayed along with a plaque, at the Vale Health and Wellness Centre. Mayor Badawey advised that the awards recognize excellence in design in Niagara Region through use of Smart Growth Principles.

9. REGIONAL COUNCILLOR'S REPORT

Nil.

10. COUNCILLOR'S ITEMS/NEW BUSINESS

(a) Dogs Running At-Large (Desmarais) Councillor Desmarais advised that she received complaints regarding dogs running at-large in Ward Two. Councillor Desmarais encouraged members of the public to report these incidents to the Welland and District SPCA. Councillor Desmarais informed that the Welland and District SPCA has implemented a new program which maps the location of complaints allowing them to track and respond to areas with a high rate of incidents.

(b) Large Item Pick-Up (Danch) Councillor Danch encouraged members of the public to engage in a spring clean-up of the community and advised that the Region of Niagara has a large item collection service for disposing of items that do not qualify for regular garbage collection.

11. ADOPTION OF MINUTES

(a) Minutes of the Seventh Meeting (Regular) of Committee of the Whole, March 10, 2014

274


Moved by Councillor R. Bodner Seconded by Councillor B. Butters

(a) That the Minutes of the Seventh Meeting (Regular) of Committee of the Whole, March 10, 2014 be adopted as circulated.

CARRIED.


3. Department of Community & Corporate Services, Community Services Division, Report No. 2014-3, Subject: Flavours of Niagara, Advisory Committee Amendment to the Terms of Reference and Rebranding

Members of Council engaged in discussion and commented on the report. Councillor Doucet recommended that the festival take a one year hiatus as outlined in option four of the report. Members of Council discussed the merits of a one year hiatus.

It was noted that Council supported the base principles outlined in the report, however a majority of Council was not in support of proceeding with the festival in 2014, but rather supported the notion of a one year hiatus. It was noted that the matters outlined in the recommendation, including the amendment to the composition of the Flavours Advisory Committee, would be reviewed by staff of the Community Services Division.

Moved by Councillor Y. Doucet Seconded by Councillor A Desmarais

LOST.

1. That the Council of The Corporation of the City of Port Colborne approve the amendments to the Terms of Reference, Article 1.0 Composition of the Committee for the Flavours Advisory Committee, to no more than three (3) members from the public/private sector representing the local food and beverage industry, i.e. o/o local restaurant, service clubs and/or local craft brewery/winery representation.

2. That the Council of The Corporation of the City of Port Colborne endorse the proposed changes and allows staff to develop the 'Flavours of Niagara presents ... "A Taste of the South Coast" brand that allows us to exploit the tourism line that is included in almost all City correspondence including advertising and media content. This provides us with building brand recognition and allows the culinary festival to develop and grow towards culinary tourism designation;

3. That the Council of The Corporation of the City of Port Colborne allow staff to continue to work to implement plans to attract more of the food truck market from Southern Ontario and investigate opportunities to apply for the FeastOn designation through the Ontario Culinary Tourism Association; and

4. That City Clerk be directed to prepare the appropriate bylaw amendment for the Terms of Reference, as amended, for Council approval.

275

Minutes, Eighth Meeting (Regular) of Committee of the Whole, March 24, 2014

Moved by Councillor Y. Doucet Seconded by Councillor D. Elliott

Page 8of10

That Council directs staff to take a one year hiatus from the festival and instead take the time to work and create a more comprehensive culinary event model for 2015.

CARRIED.

6. Department of Planning & Development, Report No. 2014-19, Subject: Niagara Lakefront Enhancement Strategy

Moved by Councillor D. Elliott Seconded by Councillor B. Kenny

1. That Council endorse the Niagara Lakefront Enhancement Strategy attached hereto as "Appendix A".


3. That Council refer this report lo the Capital Budget Session of Committee of Council for discussion purposes.

CARRIED.

7. Department of Engineering & Operations, Engineering Division, Report No. 2014-10, Subject: Rebuild of the Dewitt Carter Playground

Councillor Doucet advised that he was contacted by individuals who offered assistance with the reconstruction of the Dewitt Carter Playground, including the potential donation of materials. The Director of Engineering and Operations recommended that the reconstruction be carried out as one installation. The Director advised that the playground must be built to the specifications which satisfy liability and warranty requirements. The Director informed that the reconstruction is expected to commence in June. Councillor Danch requested that an existing memorial plaque be preserved and reinstalled at the new playground.

By general consensus, Council granted permission for Jayme-Lynn Lilley to address Council.

Jayme-Lynn Lilley, proponent of the petition, requested that the existing memorial bench also be preserved and reinstalled at the new playground.

Moved by Councillor Y. Doucet Seconded by Councillor A. Desmarais

That the Council of the City of Port Colborne approve the allocation of funds from the 2014 Capital Reserve Account for the reconstruction of the Dewitt Carter Playground at an estimated cost of $63,200; and further, that staff be directed to prepare tender documents for the project upon approval of the funding.

CARRIED.

10. Gary Matheson of Matheson's Drug Store (1825142 Ontario Inc.) Re Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Colborne

Gary Matheson, Matheson's Drug Store, was in attendance and requested that City Council waive the development charges for the construction of a new medical Center in Port Colborne. Mr. Matheson advised the funds would be used to attract physicians and retain medical services in Port

276

Minutes, Eighth Meeting (Regular) of Committee of the Whole, March 24, 2014 Page 9 of 10

Colborne. Mr. Matheson spoke regarding physician recruitment efforts and stated that other municipalities provide greater incentives than Port Colborne.

Mayor Badawey advised that waiving development fees places the cost of development on the taxpayer. Mayor Badawey provided information concerning the City's physician incentive package, and the capital allocation program. Mayor Badawey suggested that Mr. Matheson submit a request to the Port Colborne Physician Recruitment, Retention and Medical Education Committee concerning participation in the capital allocation program.

Moved by Councillor B. Kenny Seconded by Councillor D. Elliott

That the correspondence received from Gary Matheson of Matheson's Drug Store (1825142 Ontario Inc.) Re Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Colborne, be referred to the Director of Planning and Development for a report.

CARRIED.

13. Environmental Advisory Committee Re Correspondence to Waste Diversion Ontario expressing concerns Regarding the Proposal from Call2Recycle for the recycling of single-use spent batteries

Moved by Councillor 8. Kenny Seconded by Councillor F. Danch

That the correspondence received from the Environmental Advisory Committee to Waste Diversion Ontario expressing concerns regarding the Proposal from Call2Recycle for the recycling of single-use spent batteries, be received for information.

The following was accepted as a friendly amendment:

That the main motion be amended by striking out the words "for information" and inserting the words "and endorsed".

The vote was then called on the main motion, as amended, as follows:

That the correspondence received from the Environmental Advisory Committee to Waste Diversion Ontario expressing concerns regarding the Proposal from Call2Recycle for the recycling of single-use spent batteries, be received and endorsed.

CARRIED.

14. Ministry of Rural Affairs Re The City of Port Colborne's submission of an application entitled "Grow South Ontario - Port Colborne lntermodal Facility to the Rural Economic Development Program

Moved by Councillor D. Elliott Seconded by Councillor A. Desmarais

That the correspondence received from the Ministry of Rural Affairs regarding the City of Port Colborne's submission of an application entitled "Grow South Ontario - Port Colborne lntermodal Facility to the Rural Economic Development Program informing the City that the project will not be funded, be received

277


with disappointment and that staff continue to research alternative funding sources.

CARRIED.

15. Ministry of Tourism, Culture and Sport Re The City of Port Colborne's application to Celebrate Ontario 2014 Festival and Event program Re Canal Days Marine Heritage Festival 2014

Moved by Councillor A. Desmarais Seconded by Councillor R. Bodner

That the correspondence received from the Ministry of Tourism, Culture and Sport regarding the City of Port Colborne's application to Celebrate Ontario 2014 Festival and Event Program, informing the City that the event will not be funded by the program in 2014, regarding Canal Days Marine Heritage Festival 2014, be received with disappointment and that staff continue to research alternative funding sources.

CARRIED.

13. NOTICES OF MOTION

Nil.

14. MOTION TO ADJOURN

AG/dd

Moved by Councillor R. Bodner Seconded by Councillor Y. Doucet

That there being no further business, the Committee of the Whole meeting be adjourned at approximately 10:38 p.m. CARRIED.

278

The "NINTH MEETING" (SPECIAL) Of the Committee of the Whole was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 31, 2014 commencing at approximately 5:42 p.m.

ATTENDANCE:


COUNCILLORS:

A Desmarais F. Danch

W. Steele Y. Doucet

R. Bodner B. Butters

Absent: D. Elliott (due to work), B. Kenny (due to illness)

STAFF:

R. Heil, Chief Administrative Officer D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services H. Hakim, Manager of Community Services T. Cartwright, Fire Chief A Grigg, City Clerk


CALL MEETING TO ORDER - MAYOR VANCE BADAWEY



That the agenda dated March 31, 2014 be confirmed, as circulated. CARRIED.


Nil.

3. PRESENTATIONS

(a) Robert J. Heil, Chief Administrative Officer, and Peter Senese, Director of Community & Corporate Services Re Capital Budget

The Chief Administrative Officer and the Director of Community and Corporate Services provided a PowerPoint presentation regarding the City's current debt level and future debt capacity for funding of future capital projects. The Chief Administrative Officer and Director provided an overview concerning the following: total estimated value of the City's assets; asset replacement; a summary of existing capital and lifecycle depreciation; committed and uncommitted capital projects; the City's current debt level; future debit capacity; and the funding of future capital projects. A copy of the presentation is attached. Members of Council made enquiries of staff and engaged in discussion regarding capital prioritization and the identification of new funding sources.

279

Minutes, Ninth Meeting (Special) of Committee of the Whole, March 31, 2014 Page 2 of 2

Members of Council discussed the desire to schedule a strategic planning session to review capital projects. Staff was directed to schedule a special meeting for the purposes of engaging in a strategic planning session, to include a review of capital projects.

4. COMMITTEE ITEMS:

1. Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-13, Subject: Future Debt Funded Capital Projects and Debt Capacity

Moved by Councillor W. Steele Seconded by Councillor F. Danch

That Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-13, Subject: Future Debt Funded Capital Projects and Debt Capacity, be referred to the strategic planning session.

CARRIED.

2. Department of Chief Administrative Officer, Report No. 2014-2, Subject: Street Lighting Retrofit to LED

Moved by Councillor A. Desmarais Seconded by Councillor F. Danch

That Department of Chief Administrative Officer, Report No. 2014-2, Subject: Street Lighting Retrofit to LED, be referred to the strategic planning session.

CARRIED.

5. ADJOURN

AG/ag

Moved by Councillor B. Butters Seconded by Councillor F. Danch

That there being no further business, the Special Committee of the Whole meeting be adjourned at approximately 7:34 p.m. CARRIED.

280

I

The City of Port Colborne

Capital Budget March 31, 2014

What is Capital 1. ASSETS: Buildings, Land and land

improvements (parks), Roads, Bridges, Curbs and Sidewalks, Pipes in the ground (water/sewer/storm), Equipment, Street lights, Library Books, Computer Hardware,

2. Existing Assets have limited life and must be considered in the Capital Program

3. The Province through PSAB (Public Sector Accounting Board) now mandates Asset Management Plans as condition of grants and subsidies.

Asset Replacement Capital levy funding depreciation at historical cost vs replacement cost

Debt funding for new/replacement assets

Potential grants

Available Reserve funds

Water/Sewer Capital Rates

Asset management plan at future value replacement cost based on age/time life cycle replacement

Asset management plan based on asset conditions -potentially extending time of replacement

4/1/2014

1 281

TOTAL CAPITAL

1. Total City Assets (Historical Cost) = $175,713,173

2. Total Accumulated Depreciation = $ 60,981,319 (unfinanced and will be required in whole or in part now and in the nearfuture)

3. TOT AL Net Book Value = $114,731,854

Based on Dec 31 2012 Financial Report

Existing Capital Summary

4

1. City of Port Colborne Total Assets:

$175,713,173 (value based on lowest of cost or value and NOT replacement cost)

2. Present Day value (estimated replacement cost) = $800,000,000_±

3. City of Port Colborne Annual Depreciation (non-rate supported and based on straight time method of

depreciation): $2,819,880.

Depreciation Deficit based on Historical Cost and Time Lifecycle

Total Depreciation (non-rate supported), 2012 $2.819,880

2014 Depreciation Levy $1,254,800

2014 Savings Application (Edo, Tourism) $147,052

Library levy for depreciation $35,000

Gas Tax Rebate A1212lication $535,000

2014 Depreciation Funding $1,971,852

NET DEPRECIATION DEFICIT (30%) $848,028 6

-·

4/1/2014

2 282

TOTAL ESTIMATED CAPITAL Existing Capital at/near Life Cycle End $77,423,437 (replacement value levy supported, not yet funded (in part))

Existing Capital at/near Life Cycle End $18,809 ,005 (replacement value rate supported, not yet funded (in part))

Committed Projects $16,225,000 (in process)

Uncommitted Projects (not in process)

$116,365,000

Water Sewer Projects $5,208,576 (rate supported)

TOTAL CAPITAL ESTIMATES= $234,031,018

Summary of "Critical Capital" Stra ight Line Depreciation >=95% Based on Time Lifecycle

Bridges & Culverts Buildings

Sidewalks & Curbs Land Improvements

Library - Office Computer Library - F & F

Machinery & Equipment Office Equipment

Guide Rails Roads

Historical Cost

$629,206 $562,752

$2,345,842 $1,161,836

$26,790 $3,080

$1, 124,697 $278,073

$40,051 $6,803,807

$77,148 $481,470

$8,139 $932,664

$14,475.556

Replacement Cost $5,360,00 $4,164,81

$14,905,71 $2,235,75

$30, 15 $3,48

$1,420,92 $323,77 $149,82

$44,791,47 $93,22

$2,529,71 $21,23

$1,393,35

Summary of Rate Supported "Critical Capital" Straight Line Depreciation >=95%

Based on Time Lifecycle

Historical Replacement Cost Cost

Watermains $2, 166, 105 $18,44 7 '790

Wastewater main $33,795 $361,215

TOTAL RATE ~2,199,900 ~18,809,005

SUPPORTED CAPITAL

4/1/2014

3 283

~---•-H.1".n ...... 111.ll , 'll>I

~· ... -,Mot.Ol{t'IAI ... ),---~

December 31, 2012, Based on Age Within a Lifecycle Based on Deoreciation >= 80%

4/1/2014

4 284

Bridges and Culverts Replacement Costs as at December 31, 2012, Based on Age Within a Lifecycle

Based on Depreciation >= 80%

torm ewer ep acement osts as at December 31, 2012, Based on Age Within a Lifecycle

R:::i~P.t1 nn OP.nrP.d:::ilinn >;; AOOk

ani ary ewer ep acemen os s as a December 31, 2012, Based on Age Within a Lifecycle

Based on Depreciation >= 80%

4/ 1/ 2014

5 285

Water Replacement Costs as at December 31, 2012 Based on Age Within a Lifecycle Based on Deoreclation >;: 80%

c..Mo t 1t,ffl ,Sl1M("-I-----,

~----•CMkM fl ... lt, _ _ , ,,.,...,

Committed Projects COMMITTED PROJECTS

Marina Fuel Tanks (on PSAB list)

Drains Construction (not on PSAB list)

Industrial Park - lands/services (not on PSAB)

Industrial ES Servicing Plan ($3,000,000)

Industrial ES for Lands/services ($19,500,000)

Service Only: Site 4 Phase 1 =

Operations centre - ($8M - $1 OM)(on PSAB list)

Fire Tanker replacement (on PSAB list)

Fire Engine 2 replacement (on PSAB list)

100,000

450,000

7,000,000

8,000,000

275,000

400,000

TOTAL COMMITTED= 16,225,000

COMMITTEil PROJECTS ~014 Debenture -

Marina Fuel Tanks tl0=""4.09% $5 B1E looerations-2015 ~014/2017 Debenture- !Tax Levy 2015

Drains Construction 10·-""3% $26,1"' rrax Lew 2018

ndustria1 Park - lands/services enort nrovided- 2010 deferred uture debentures ndustrial ES Servicing Plan

I/SJ 000 0001 ndustrial ES for Lands/services

V.t19 soo 0001 Tax levy -

?014/2015 Debenture - 2015= 28,768 Service Only: Site 4 Phase 1 30yrs@4% S2B,76l 2016= 28,768

Tax Levy -2016 Debenture - 2016=194,120 30=tm5% $388 241 2017=388 240

Tax Levy-Operations centre - ($BM - 2015 Debenture - 2015=116,329 S10Ml 30·-""4% <232 65E 2016=232 658

rrax levy 2015 Debenture - 2015= 9,842

J=Jre Tanker reolacement 20=tro3.76% 519 684 2016= 19 684 ~020 Debenture - 18

Fire Ennine 2 renlacement ~o ·-""5% $31 ON lrax lew2021

4/1/2014

6 286

Summary of "Critical Capital" Straight Line Depreciation >=95% Based on Time Lifecycle

Bridges & Culverts Buildings

Sidewalks & Curbs Land Improvements

Library - Office Computer Library - F & F

Machinery & Equipment Office Equipment

Guide Rails Roads

Historica l Cost

$629,206 $562,752

$2,345,842 $1 ,161 ,836

$26,790 $3,080

$1,124,697 $278,073

$40,051 $6,803,807

$77,148 $481,470

$8,139 $932,664

$14.475.556

Replacement Cost $5,360,00 $4,164,81

$14,905,71 $2,235,75

$30,15 $3,48

$1,420,92 $323,77 $149,82

$44,791,47 $93,22

$2,529,71 $21,23

$1,393,35

77 423 43

CONNECTION PSAB CAPITAL. TODAY'S ESTIMATES Summary of "Critical Capital"

Straight Line Depreciation >=95% Based on Time Lifecycle

Buildings Vehicles

Historical Cost

$562,752 $932,664

Committed on Assets List (Critical)

Replacement Cost

$4,164,813 $1,393,352

H' t . V 1

Report Value, 2014+ is one a ue Replacement Estimate

Operations Centre: parl<s, salt storage, equipment storage, garage, 1953.1970,1972,1982

Fire Tanker. 1990

Fire Pumper, 1990

UNCOMMITTED PROJECTS Streetlighting Retrofit to LED Downtown CIP Market Square Redesign

$342,544

$223,970

$208,181

East Waterfront Development Cl P Environmental Park Nickel Beach Amenities Bridge to Beach Trail Roselawn Improvements Storm Sewers

- Rosemout - Steele/Killaly St W Area

- Omer extension to Bartok - Clark St (Central Park Slbdillision)

- complete bl.ild $10,500,000 - tnrl< main to existing system - existing system replacement

Marina - docks/bl.ildings estimate

$2,634,684 $8,000,000

$341 ,274 $275,000

$299,614 $400,000

1,000,000 23,500,000

955,000 24,500,000

3,000,000 5,000,000

500,000 2,500,000

15,800,000 11 ,100,000

1,530,000

6,700,000 3,780,000 1,000,000

20

100,865,000 21

4/1/2014

7 287

WATER/SEWER PROJECTS

Sanitary Sewers 1,000,000

Water - Killaly St West 1,400,000

Water-Lakeshore Rd Project 2,808,576

5,208,576

22

Principles of Capital Management 1. No new capital without new funding

source

2. Continue to increase annual levy to fund depreciation deficit (working on 1 % per year (approx. $130,000))

3. Assess capital assets condition and where possible defer expenditure to manage cost and depreciation.

23

FINANCING CAPITAL

1. New money (growth or other sources of revenue)

2. Grants and subsidies

3. Debt (levy estimated as follows):

2015 1.360%

2016 3.600%

2017 2.430%

2018 0.200% 24

4/1/2014

8 288

% OF NET REVENUE ANNUAL DEBT REPAYMENT LIMIT 8,000

1,000 -Provlntial Galde-tlmll 25o/o

6,000

0 5,000

& ~ 4,000

0 3,000

2,000

1,000

City Guide Limit 20%

I 2014 2015 2016 2017 2018 2019 2020 2021

Year

• Storm

• water/sewer

• Marina

• Fire

• Op Centre

• Drains

• Streetlights

• Rose1awn

• Waterfront

• Downtown

• lndust land

• 2013 Debt

• PrevOebt

Prov guide

City Guide

25

4/1/2014

9 289

PORT COLBORNE

CITY OF PORT COLBORNE REGULAR COUNCIL MEETING AGENDA

MONDAY, APRIL 14, 2014 following Committee of the Whole Meeting Council Chambers, 3rd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey


2. CONFIRMATION OF AGENDA


4. ADOPTION OF MINUTES (a) Minutes of the Sixth Meeting (Special) of Council of March 24th, 2014 (b) Minutes of the Seventh Meeting (Regular) of Council of March 24th, 2014

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION


8. PROCLAMATIONS: (a) Public- Rail Safety Week, April 28th - May 4th, 2014

9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES: (a) Minutes of the Port Colborne Gateway Business Improvement Area Board of

Management Meetings of March 4, 2014 and April 1, 2014 (b) Minutes of the Port Colborne Transit Advisory Committee Meeting of January 22, 2014 (c) Minutes of the Canal Days Advisory Committee Meeting of February 19, 2014

10. NOTICE OF MOTION

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS (i) By-laws for Three Readings

12. CONFIRMATORY BY-LAW

13. COUNCIL IN CAMERA MEETING

Note: Item (a) below was listed for consideration under the Special Council Meeting Agenda and has been listed here in the event that this item has could not be considered during the Special Council meeting, due to time constraints.

291

Regular Council Meeting Agenda April 14, 2014

(i) Motion to go into closed session

That Council do now proceed in camera in order to address the following matter(s):

(a) Confidential Community and Corporate Services, Clerk's Division, Report No. 2014-14, Subject: Appointments to Boards and Committees, pursuant to the Municipal Act, 2001, Subsection 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees

(ii) Disclosures of Interest (closed session agenda)

(iii) Consideration of closed session agenda Items

(iv) Motion to rise with/without report

14. DISCLOSURES OF INTEREST ARISING FROM CLOSED SESSION

15. MOTIONS ARISING FROM CLOSED SESSION

16. ADJOURN

292

COUNCIL ITEMS:

NOTES ITEM DESCRIPTION RECOMMENDATION

VB BB RB 1. Department of Planning & Development, 1. That Council of the City of Port Colborne approves the Report No 2014-23, Subject: Zoning By~law Amendment attached as "Appendix E"

AD FD YD Recommendation Report: Zoning By-law to this report. Amendment - Medical Marihuana Production

DE BK ws Facility 2. That the City Clerk Is hereby authorized and directed to proceed with the giving of notice of passing of the By~laws, ln accordance with the Planning Act;

3. That pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required; and

4. That the City's Site Plan Control By-law be amended.

VB BB RB 2. Department of Planning & Development, That the Council of the City of Port Colborne approves the Report No. 2014-04, Subject: Encroachment encroachment request with the following conditions:

AD FD YD Request 265 King Street

• Insurance $5 million coverage with City named DE BK ws as additional insured, certificate with 30 days'

notlce cancellation;


• Tables and chairs to be seasonal - May 1 to October 31, inclusive;

• Food trailer to be seasonal - May 1 to October 31, inclusive;

• Tents to be seasonal- May 1 to October 31, inclusive;

• Breezeway/Shelter to be seasonal - November 1 to April 30, inclusive;

• Yurt to be seasonal - November 1 to April 30, inclusive;

• Tables and chairs, food trailer, tents, breezeway shelter and yurt to be temporarily removed upon 7 days' notice from the City for maintenance activities on the City's property;

• Food trailer to be Inspected by Port Colborne Fire & Emergency Servlces prior to operation. Electrical safety authority inspection certificate and an inspection certificate from TSSA may also be required;


VB BB RB 3, Department of Planning & Development, 1. That the Council of the City of Port Colborne award Report No. 2014-05, Subject: Animal Control RFS 2014-04, Animal Control and Municipal Pound

AD FD YD and Municipal Pound Services Contract Services, to the Welland & District SPCA of Welland, Ontario for the total price of $321,439.00 for the two

DE BK ws year contract, plus applicable taxes.


293

Regular Council Meeting Agenda

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB BB RB

AD FD YD

DE BK WS

VB

AD

DE

VB

AD

DE

BB

FD

BK

BB

FD

BK

RB

YD

ws

RB

YD

ws

4.

5.

6.

7.

8.

9.

Department of Planning & Development, Report No. 2014-22, Subject: Request for Waiving of Development Charges at 427 Steele Street

Department of Engineering and Operations, Operations Division, Report No. 2014-13, Subject: Port Colborne Distribution System Annual Inspection Report

Department of Chief Administrative Officer, Health Services Division, Report No. 2014-1, Subject: Name Change of Physician Recruitment Committee

Department of Community & Corporate Services, Report No. 2104-12, Subject: Lease of Site A

Department of Community & Corporate Services, Community Services Division, Report No. 2014-4, Subject: Nickel Beach Lease Agreement between the City of Port Colborne and Vale

Department of Community & Corporate Services, Community Services Division, Report No. 2014-5, Subject: 22"' Annual 444 International Walleye Tournament and 211

d

Annual Budweiser Can-Am Fishing Derby June 20-22, 2014

April 14, 2014

1. The Department of Planning and Development Report 2014-22 in respect of the request by Gary Matheson (1825142 Ontario inc.) to waive City Development Charges be received and that no further action be taken.


That Council accept report 2014-13, Port Colborne Distribution System Annual Inspection Report, for information.

That Council approves an amendment to By-law No. 4876/101/06 changing the name of the Port Colborne Wainfleet Physician Recruitment, Retention and Medical Education Committee to the Port Colborne Medical Education, Recruitment and Health Services Committee and that all necessary changes are in accordance to the policy of Municipal Councll.

That Council approves an amendment to By-law No. 4876/101/06 changing the appropriate members of the committee to include only council approved citizens of Port Colborne.

That the Clerk be authorized and directed to prepare and present the appropriate by-law.

1. That Council authorize the entering into a lease agreement with Stam Acres Ltd. for the express purpose of farming Site A for 2014, with an annual option to renew, subject to development of the property.

2. That the Mayor and City Clerk be authorized to execute the appropriate by-law to enter into the lease agreement.

That Council receives thiS report for information and directs staff to continue the negotiation of a mutually 'beneficial use agreement' for the continued use of Nickel Beach with Vale Canada; and

That Community Services continues to implement ways and means to maximize accessibility to Nickel Beach by providing a safe, fun and enjoyable facility for families to enjoy.

That Council direct staff to waive the appropriate fees, which has the least impact on the municipality that includes waiving the bandsheli/park fees, supply and Install the snow fence for the overall site that includes the beer garden, concession, RV camping/pS.rklng zone valued at $505.00 and offer reduced docking group rate of 35%) (using an average boat length of 22 feet). In addition issue the conditional permit for temporary parking, provide a letter of non-objection to the Tournaments application for a Special Occasion Permit, provide waste containers for the park including regularly scheduled waste removal without incurring staff overtime expenses: and further direct the Community Partnership Coordinator to work with the organizing body to assist them seek additional sponsorship and secure other sources of funding to help defray infrastructure and security costs valued at $4370.00; and

That Council direct staff to provide access for the no charge RV camping/parking be permitted at H.H. Knoll Park, Thursday, June 19, 2014 starting at 12:00 p.m.

294


Mlscellaneous Correspondence

VB BB RB 10. John Veselisln, Stoney Creek Branch That the Council of The Corporation of the City of Port Manager, Orkin Canada Re Request to Colborne approve the request of John Veselisin, Branch

AD FD YD Temporarily close King Street, April 26, 2014 Manager, Orkin Canada for the temporary closing of King and April 27, 2014 for the ADM Milling Street from 9:00 a.m., Saturday, Aprll 26 to 11:00 p.m.,

DE BK ws Fumigation Sunday, April 27, 2014 for purposes of the fumigation of the ADM Milling Company and the Clerk be directed to present the necessary by~law and to notify emergency services; and,

That By-law No. 6053/19/14, Being a By-law to Temporarily Close a Section of King Street to Vehicular Traffic April 12, 2014 and April 13, 2014 be repealed; and,

That such approval be subject to the ADM Milling Company or Orkin notifying in advance, the owners of the property served by the section of roadway that will be temporarily closed for the proposed closing.

VB BB RB 11. Rosemary Armstrong of the Port Colborne That the correspondence received from Rosemary Fair Trade Committee Request regarding Armstrong on behalf of the Port Colborne Fair Trade

AD FD YD New City Signs - Requesting the City to Committee regarding New City Signs - Requesting the include Fair Trade City designation and/ or City to include Fair Trade City designation and/ or the Fair

DE BK ws the Fair Trade Logo on the new city signs Trade Logo on the new Clty signs, be referred to staff for review in respect of City Policy.

VB BB RB 12. Region of Niagara Re Escarpment Crossing That the correspondence received from the Region of Study - Analysis of Alternatives and Niagara Re Escarpment Crossing Study - Analysis of

AD FD YD Proposed Next Steps (PW Report 31-2014) Alternatives and Proposed Next Steps (PW Report 31-2014), be received for information.

DE BK WS

VB BB RB 13. Region of N'1agara Re Combined Sewer That the correspondence received from the Region of Overflow (CSO) Control Policy - Parent Niagara Re Combined Sewer Overflow (CSO) Control

AD FD YD Project ZSW1410 (PW Report 36-2014) Policy - Parent Project ZSW1410 (PW Report 36-2014), be received for information.

DE BK ws VB BB RB 14. Cindy Forster, M.P.P. Welland Re Letter to That the correspondence received from Cindy Forster,

the Minister of Natural Resources Regarding M.P.P. Welland Re Letter to the Minister of Natural AD FD YD a Review of the Niagara Peninsula Resources Regarding a Review of the Niagara Peninsula

Conservation Authority (Personnel Issues, Conservation Authority (Personnel Issues, Review of the DE BK ws Review of the NPCA Mandate and NPCA Mandate and Moratorium on current and future

Moratorium on current and future NPCA Land NPCA Land Acquisitions and Disposals), be received for Acquisitions and Disposals) information.

VB BB RB 15. Memorandum from Harry Hakim, Manager of That the memorandum from Harry Hakim, Manager of Community Services, dated April 3, 2014 Re Community Services, dated April 3, 2014, Re Flavours of

AD FD YD Flavours of Niagara Committee - Amendment Niagara Committee - Amendment Terms of Reference, be Terms of Reference received, and

DE BK ws 1. That Council of The Corporation of the City of Port Colborne approve the amendments to the Terms of Reference, Article 1.0 Composition of the Committee for the Flavours Advisory Committee, to include not more than three (3) members from the public/private sector representing the local food and beverage industry including service organizations; and

2. That the City Clerk provide the appropriate amendment to the by-law for the change to the Terms of Reference for Council approval, and


VB BB RB 16. Stephen Covey, President, Operation That the week of April 281h to May 4111

, 2014 be proclaimed Lifesaver Re Request for Proclamation of Rail as "Public - Rail Safety Week" in the City of Port Colborne

AD FD YD Safety Week, April 28 to May 4, 2014 in accordance with the request received from Stephen Covey, President, Operation Lifesaver.

DE BK ws

295



VB BB RB 17. Region of Niagara Re Ontario's Long Term That the Council of The Corporation of the City of Port Energy Plan ~ Request for support Colborne supports the resolution from the Regional

AD FD YD Municipality of Niagara to call on Premier Wynne and the Note: At its meeting of February 24, 2014 Province of Ontario to take immediate action to prevent

DE BK ws Council supported a resolution from the Town hydro rate increases and any other rate increases from of Arnprior urging the Ontario Energy Board to being implemented. not approve any further rate increases.

Responses to Resolutions of the City of Port Colborne

VB BB RB 18. Honourable Julian Fantino, PC, MP Minister That the correspondence received from the Honourable of Veterans Affairs Re City of Port Colborne's Julian Fantino, PC, MP, Minister of Veterans Affairs, Re

AD FD YD Resolution regarding the Enlisting of City of Port Colborne's resolution regarding the Enlisting Ridgeway Nine into Canada's National Bocks of Ridgeway Nine into Canada's National Books of

DE BK ws of Remembrance Remembrance, be received for information.

VB BB RB 19. Town of Pelham Re The City of Port That the resolution received from the Town of Pelham in Colborne's Resolution regarding Increased support of the City of Port Colborne's resolution regarding

AD FD YD Electricity Rates - Request for support Increased Electricity Rates, be received for information.

DE BK ws VB BB RB 20. Township of Wainfleet Re City of Port That the resolution received from the Township of

Colborne's Resolution regarding Opposing Wainfleet concerning the City of Port Colborne's AD FD YD the Construction of the Nuclear Waste resolution regarding Opposing the Construction of the

Repository in the Great Lakes Basin - Nuclear Waste Repository In the Great Lakes Basin, be DE BK ws Request for support received for information

VB BB RB 21. Town of Fort Erie Re City of Port Colborne's That the resolution received from the Town of Fort Erie in Resolution regarding Opposing the support of the City of Port Colborne's resolution regarding


DE BK ws Support information.

VB BB RB 22. City of Thorold Re City of Port Colborne's That the resolution received from the City of Thorold in Resolution regarding Opposing the support of the City of Port Colborne's resolution regarding


DE BK WS Support information.

VB BB RB 23. Correspondence received from P. Monteith, That the correspondence received from P. Monteith, Executive Correspondence Officer, Office of Executive Correspondence Officer, Office of the Prime

AD FD YD the Prime Minister, Re City of Port Colborne's Minister, Re City of Port Colborne's resolution concerning resolution regarding Nuclear Waste Nuclear Waste Repository, be received for information.

DE BK ws Repository (proposed Deep Geologic Repository)

VB BB RB 24. Randy Petlapiece, MPP, Perth-Wellington Re That the correspondence received from Randy Resolution concerning Reform to Joint and Petta piece, MPP, Perth Wellington Re Resolution

AD FD YD Several Liability Insurance (acknowledging concerning Reform to Joint and Several Liability support from the City of Port Colborne) Insurance, be received for information.

DE BK ws Note: at its meeting of March 24, 2014 Council supported a resolution calling for the reform of Joint and Several Liability.

VB BB RB 25. Town of Grimsby Re City of Port Colborne's That the resolution received from the Town of Grimsby in Resolution regarding Request for Support support of the City of Port Colborne's resolution regarding

AD FD YD Calling on the Government to Reform Joint Request for Support Calling on the Government to and Several Liability - Support of the Reform Joint and Several Liability - Support of the

DE BK ws "Combined Model" "Combined Model", be received for information.

VB BB RB 26. Town of Grimsby Re City of Port Colborne's That the resolution received from the Town of Grimsby in Resolution for Reform of Joint and Several support of the City of Port Colborne's resolution for

AD FD YD Liability Insurance for Municipalities - Reform of Joint and Several Liability Insurance for Request for support Municipalities, be received for Information.

DE BK WS

296


VB BB RB 27. Association of Municipalities of Ontario Re Bill That the correspondence received from the Association of 69, The Prompt Payment Act Put Aside - Municipalities of Ontario Re Bill 69, The Prompt Payment

AD FD YD Government Announces Construction Liens Act Put Aside - Government Announces Construction Act Review Liens Act Review, be received for information.

DE BK ws

297


BY-LAWS COUNCIL AGENDA ITEM 11

(i) By-laws for Three Readings

By-law.No.

6059/25/14

6060/26/14

6061/27/14

6062/28/14

6063/29/14

6064/30/14

6065/31/14

6066/32/14

6067/33/14

. c-c . Title

· .. .. · .. ',_,' . . . . . . . - _-_ > - . . <• :· · .

Being a By-law to Amend Zoning By-law 1150/97/81, As Amended, to Prescribe Standards and Setbacks and to Incorporate the Requirement for Site Plan Control for Medical Marihuana Production Facilities

Being a By-law to Designate a Site Plan Control Area and Delegate Council's Power Under Section 41 of the Planning Act, R.S.O., C.P. 13., Establishing a Site Plan Control Procedure and the Duties of the Director of Planning and Development

Being a By-law to Authorize Entering into an Encroachment Agreement with Eugenia Kountouris (Owner) and Kevin Echlin (Tenant - O/A The Smokin' Buddha), 265 King Street, Port Colborne

Being a By-law to Authorize Entering into a Contract Agreement with the Welland & District SPCA Regarding RFS 2014-04 Animal Control and Municipal Pound Services

Being a By-law to Amend By-law 4876/101 /06, Being a By-law to Establish a Committee Known as the "Port Colborne Wainfleet Physician Recruitment, Retention and Medical Education Committee" and to Provide for the Appointment of Members Thereto and to Repeal By-law 5583/13/11

Being a By-law to Authorize the Lease of Part of Lots 17 and 18, Concession 5 Former Township of Humberstone Now the City of Port Col borne to Stam Acres Limited

Being a By-law to Temporarily Close a Section of King Street to Vehicular Traffic April 26, 2014 and April 27, 2014 and to Repeal By-law No. 6053/19/14

Being a By-law to Amend By-law 5613/43/11, Being a By-law to Establish the Flavours Advisory Committee

CONFIRMATORY BY-LAW COUNCIL AGENDA ITEM 12

Title Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of The Corporation of the City of Port Colborne at its Special and Regular Meetings of April 14, 2014

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The "SIXTH MEETING" (SPECIAL) of the Port Colborne City Council was held for purposes of a Public Hearing under the Planning Act at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 24, 2014 commencing at approximately 6:40 p.m.

ATTENDANCE


COUNCILLORS



Absent: W. Steele

REGIONAL COUNCILLOR

D. Barrick

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations H. Hakim, Manager of Community Services T. Cartwright, Fire Chief M. Bendia, Fire Prevention Officer A. Kane, Events Coordinator and Beach Supervisor G. Murdoch, Events Coordinator, MYAC and Senior Citizen Advisory Council D. D'lnnocenzo, Licensing Clerk H. Mahon, Recording Clerk



By general consensus item 6 (Presentations) of the Committee of the Whole Agenda was brought forward for consideration during the Special Council meeting. The minutes reflect the order of the agenda.

1. PRAYER

Councillor Doucet delivered the prayer.

2. NATIONAL ANTHEM

Joel Longfellow sang 0 Canada.


Moved by Councillor B. Kenny Seconded by Councillor A. Desmarais

That the agenda of the Special Meeting of Council of March 24, 2014 be confirmed as circulated. CARRIED.

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Nil.

5. PUBLIC HEARING UNDER THE PLANNING ACT

(a) APPLICATION FOR ZONING BY-LAW AMENDMENT Department of Planning & Development, Report No. 2014-20 Subject: Public Meeting: Proposed Zoning By-law Amendment - Medical Marihuana Production Facility


Dan Aquilina advised that the purpose of this meeting, pursuant to Section 34 of the Planning Act, is to consider an application to amend the City of Port Colborne Zoning By-law 1150/97/81, as amended.

Mr. Aquilina advised that the proposed Zoning By-law Amendment was initiated by the City and is being proposed to ensure that new medical marihuana production facilities are appropriately located within the agricultural and rural zones of the City and that development of such facilities is regulated through proper zoning controls. Mr. Aquilina noted that he will elaborate on the details of the zoning controls later during the Planning Report section.

(ii) METHOD OF NOTICE

Mr. Aquilina advised that Notice of the Public Meeting was administered in accordance with Section 34(12)(13) and (14) of the Planning Act, as amended, and Section 3 of Ontario Regulation 545106.

Notice of the Public Meeting was placed in the lnPort News on February 27, 2014 and again in the Welland Tribune on March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via e-mail and through a petition list provided by Mr. Kerry Fallon.

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

Mr. Aquilina advised that the procedure to be followed this evening will be to present Department of Planning & Development Report No. 2014-20, to hear any comments from Council to Planning Staff, to open the meeting to the public for comments and questions, to announce the requirements under the Planning Act for written notice request of passage of the proposed zoning by-law amendment, and to provide a brief explanation of future meetings regarding the application.

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

Mr. Aquilina provided some background information on the City initiated proposed zoning by-law amendment. Mr. Aquilina advised that as of April 1, 2014 regulations will be in place by Health Canada for the production of medical marihuana to take place in operations run by licensed producers.

Mr. Aquilina also advised that as of last Friday an injunction was made by a British Columbia Judge, which continues to allow authorized users to grow medical marihuana for personal use within their households. Despite this injunction, the City proposes to move forward with the zoning by-law amendment concerning the production of regulated medical marihuana for commercial use.

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Mr. Aquilina advised that under the new regulations by Health Canada, licensed producers will have to meet extensive security and quality control requirements. For example, a quality assurance person must be employed and a senior person designated to be in charge of the overall management of the operation. There is restricted access areas and the site must be monitored 24/7 by qualified personnel. Air purification systems must be in place. Key personnel will hold a valid security clearance which has been issued by the Minister of Health and written notification must be provided by the applicant, providing details regarding the location of the production site to the City as well as to the local police and fire departments.

Mr. Aquilina advised that the City's Solicitor has determined that a medical marihuana production facility is a permitted use in the Agricultural and Rural zones. Amendments would be required for both the Zoning By-law and the Official Plan to allow it as a permitted use in the Industrial zone. Legal counsel has also advised that appropriate zone provisions can be added to mitigate the impact on adjacent land uses. Mr. Aquilina noted that the production facilities will not be permitted in the Environmental Protection zones.

It is also proposed that the Zoning By-law be amended to include two new definitions; namely "Medical Marihuana Production Facility" as well as "Sensitive Land Use". The permitted uses, zone requirements and definitions are further described in Appendix "E" of the report.

Mr. Aquilina provided a few examples of the proposed requirements in the Rural zone such as the minimum lot size, lot coverage, and setback requirements. There will also be requirements for a planting strip, no outside storage will be permitted, provision must be made for an opaque fence, as well as requirements for parking. It is also proposed that Servicing requirements for the facility shall be designed by a "Qualified Professional".

Mr. Aquilina commented on the concern raised regarding odors. He noted as a comparison, that the Minimum Distance Separation determined for the operation of a chicken farm of 26, 000 chickens is 193m. Staff proposes that a minimum separation to the Sensitive Land Use requirement be 150m as it will provide an adequate separation distance for the production facilities.

Mr. Aquilina then provided comments received from the following agencies:

City of Port Col borne Building Division

Any significant renovation or demolition to the building will require a building permit. The main concern is the absence of a specific Health Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.

City of Port Col borne Fire Services Department

Supports the proposed amendment which will ensure the appropriate locations for these facilities. These operations are agricultural and/or industrial in nature and should fall under the required zoning. Also, site plan control should be applied to these locations.

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Minutes, Sixth Meeting (Special) of Council, March 24, 2014 Page 4 of 10


The only concern is that any proposed permanent building or structure must meet the minimum setback from any provincial highway property lines and that the necessary land use permits will be required.

Region of Niagara

Supports the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distribution of the product is supported by the Region's value added policies.

Mr. Aquilina then outlined the following comments received from the Public:

Margaret Curtiss Weaver, 1717 Fire Lane 2 (Seasonal Resident):

• Concerned that the City is not putting enough weight on the difference between growing traditional agricultural products and medical marihuana. She feels that growing marihuana is like "growing highly valuable cash money then waiving it around asking someone to come and take it"; Feels that there will be an overwhelming temptation for growers to cheat, that organized crime will become involved and/or thieves will target these facilities with a potential to target others homes in the surrounding area;


• Would like to see a limit on the number and type of building and a minimum distance between buildings should be established for fire safety reasons - made reference to the Town of Fort Erie setting a 70 metre setback between Class I facilities;


• Suggests this type of use be subject to Site Plan Control; • Feels that strong consideration be given for pre-planning for waste

water and fertilizer runoff; • Would like to see water samples being taken before operation begins

and then follow up samples provided to ensure water runoff limits are respected;

• Feels that because of the unknown health ramifications which accompany the production of medical marihuana, consideration should be given to limiting the use of herbicides and pesticides and that encouragement should be given to operations using hydroponic cultivation methods;




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Minutes, Sixth Meeting (Special) of Council, March 24, 2014 Page 5 of 10

Frank Scott of 394 Pinecrest Road:

• Should be confined to Industrial or Commercial zoned land. • Setbacks should be 300m from the nearest off-property residence and

1 OOOm from public parks, school, church, or farms. • Property amenities should include paved parking, no on street parking,

proper drainage and lighting standards, proper vehicle access and safe turnaround for commercial vehicles.

• Expressed environmental concerns regarding noise and air quality emissions, proper water supply and treatment.

• The City should seek expert advice as to the impact on natural resources in the immediate area.

• Consideration should be given for impact on the neighbourhood due to noise, traffic, lighting, hours of operation.

• Ensure proper police and fire security available as well as employee safety.

Mr. Aquilina advised that as of today, correspondence has been received from Joe Schonberger, President of the Niagara South Federation of Agriculture, who expressed concern about removal of agriculture in the Environmental Protection zone.

Mr. Aquilina advised that this concludes the Planning Report. In summary, he provided a brief outline on the history and regulations for Medical Marihuana; the definitions being proposed for the Medical Marihuana Production Facility and Sensitive Land Use, as well as an outline of the proposed new regulations for the Agricultural and Rural zones. The proposed amendments to the City's Zoning By-law and the Site Plan Control By-law will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are m~igated.

(v) QUESTIONS OF CLARIFICATION TO PLANNING STAFF

Councillor Bodner asked Mr. Aquilina to comment on Mr. Schonberger's concerns. Mr. Aquilina responded that as staff had only just received Mr. Schonberger's letter earlier today, his concerns regarding removal of agriculture from the Environmental Protection zone can be satisfied and will be addressed later in the Planning recommendation report that is to be submitted to Council.

Councillor Doucet requested that Mr. Aquilina comment on the injunction made concerning medical marihuana. Mr. Aquilina explained that as of last week an injunction was made by a British Columbia Judge that continues to allow medical marihuana (that is already licensed) to be produced in homes for personal use. Mr. Aquilina explained that what is being dealt with tonight concerns medical marihuana that is to be produced for commercial uses and not for home use.

Councillor Elliott questioned Mr. Aquilina on the issue of Site Plan Control and employee parking. Mr. Aquilina explained that there will not be many employees at a Medical Marihuana facility so they do not require as many parking spaces as for example in an Industrial zone. However, there will be some guidelines.

Councillor Elliott questioned Mr. Aquilina on the Sensitive Land Use and asked what systems will be in place to measure their impact. Mr. Aquilina responded that the facilities will have air purification systems in place. If they do not meet Health Canada's requirements then their license can be withdrawn.

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Minutes, Sixth Meeting (Special.i of Council, March 24, 2014 Page 6 of 10

Mr. Aquilina also noted that there are other agricultural uses such as chicken farms that can create odor. A minimum distance separation formula is used to determine an appropriate setback. For example, a farm with 26,000 chickens requires a setback of 190m. A 150m setback for a sensitive land use is being proposed for these facilities. If this is not met then a quick call to Health Canada could mean they would have their license revoked.

Mr. Aquilina then read the following cautionary statements into the record:

"If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Port Colborne before the proposed zoning by-law amendment is approved, the person or public body is not entitled to appeal the decision of the City of Port Colborne to the Ontario Municipal Board."

And;

"If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Port Colborne before the proposed zoning by-law amendment is approved the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party."

(vi) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

Mr. Kerry Fallon of 2156 Firelane 2 addressed Council. Mr. Fallon listed a number of concerns about the facility; such as appropriate setbacks from public parks, schools, significant woodlands, and proximity to sensitive lands. It should not just be separated by a road allowance. He expressed environmental concerns such as discharge into catchment streams and Lake Erie, negative effects on species at risk such as snapping turtles. He believes the facility should be monitored at all times with an emphasis on quality security.

Mr. Fallon also expressed concern about the large number of plants and size of the business. He believes that it will be a very lucrative business with a high rate of return. This could put staff, courier services and nearby residents in danger. Mr. Fallon also expressed concern about loss of property values and questioned whether the proposed setbacks were acceptable. Mr. Fallon asked that the Pinecrest Road facility not be considered favorable for a Medical Marihuana production facility.

Mayor Badawey thanked Mr. Fallon for his presentation and then asked that a motion be brought forward to accept other presentations at this time.

Moved by Councillor D. Elliott Seconded by Councillor Y. Doucet

That leave be granted to permit delegations from the floor regarding the proposed Zoning By-law Amendment. CARRIED.

Nancy Misener of 2122 Firelane 2 addressed Council. Ms. Misener questioned the British Columbia injunction and whether that means the Pinecrest facility will be allowed to continue with the old license or apply for a new license.

Mr. Aquilina advised that whatever is there now is for personal use and is not commercial. The personal use can continue until the courts rule on

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the injuncUon. The commercial licenses will not come into effect until April 1, 2014. He is not aware of any commercial license that has been applied for at this time.

Discussion commenced on how the residents would receive notification if a license were applied for. Mr. Aquilina noted that the City, local police and fire departments would need to be notified. Mr. Robert Heil clarified that it falls under the Municipal Freedom of Information and Privacy Protection Act. The City Clerk would receive notice of the license application; however the information would likely remain confidential and not be revealed.

Jeff Dwor of 2685 Vimy Road addressed Council. Mr. Dwor read aloud a letter written by his brother Mark Dwor (a copy of the letter is attached}. Mr. Dwor expressed concerns on behalf of his family about the location and nature of the proposed facility. The location of the facility is a main concern due to its close proximity to their family residence, a Boy Scout facility and a public park. He also expressed concern about the nature of the business and its propensity to attract crime. He considers it to be a commercial enterprise due to its need for extensive security protection and huge water needs. He does not believe the Pinecrest Road facility is a suitable location.

Gary Dingman of 467 Pinecrest Road addressed Council. Mr. Dingman questioned if the Pinecrest Road facility received a commercial license prior to the zoning amendments coming into effect, would they be grandfathered in or would they be subject to the by-law amendments. Mr. Aquilina responded that any facility in full production for commercial purposes prior to the zoning amendments coming into effect would be grandfathered in.

Mr. Dingman complained about living across from the facility. He has been chased by guard dogs, there is perpetual daylight because of the lighting of the facility, and he has had to sell his property at a deflated value.

Mr. Donnie Edwards of 2365 Firelane 2 addressed Council. Mr. Edwards is a licensed Pharmacist and is knowledgeable about the problems concerning drug addiction. He is concerned about high school kids working at the Pinecrest Road facility. He can feel vibrations from the facility when he sits on his deck. It doesn't make any sense that ii is considered just for personal use. He complained about the smell, the lighting and the amount of traffic. He finds ii very disturbing to have this in Port Colborne.

Discussion commenced regarding the licensing and whether the Pinecrest facility should be considered a facility for personal use. Councillor Doucet questioned whether the City has any control over the licensing. Mr. Aquilina responded that the licensing is under Federal jurisdiction and the City's only control is through zoning. Mayor Badawey confirmed that Port Colborne is not the only city experiencing problems as St. Catharines and Niagara Falls are also having difficulties.

Councillor Butters questioned whether the City has the right to ban a facility. Councillor Kenny expressed concern about high school students working at the facility. Mr. Heil responded that the legislation goes beyond the municipality's jurisdiction. The municipality can provide some controls through site plan control. The municipality cannot prohibit the facilities but they can regulate them.

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Councillor Desmarais questioned how the facilities obtain their licenses and how they get to be a commercial facility. Mr. Aquilina responded that the City's Solicitor recognizes the medical marihuana facilities to be an agricultural use. The present Zoning By-law allows for that use. He cannot comment on Federal regulations. Mayor Badawey advised that the discussion stay with tonight's Zoning By-law Amendment.

Tom Schroeder of 2407 Firelane 2 addressed Council. Given the proposed setbacks he questioned whether the current greenhouse on Pinecrest Road would be legal according to the new rules. Mr. Aquilina stressed that the new Zoning By-law Amendment is meant to deal with facilities in general and not just to a specific facility. However, if one were to look at tr.at particular facility it would not currently meet the 150m setback from a sensitive land use.

Richard Holaday of 2366 Firelane 2 addressed Council. Mr. Holaday questioned if the facility on Pinecrest Road needs the new amendment to continue to operate. Mr. Aquilina responded that any operation would need to be licensed and in operation before the by-law is in effect in order to be grandfathered in. If not, then they would need to have to comply with the by-law that is before Council this evening.

Mr. Holaday questioned what started the need for this new by-law. Mr. Aquilina responded that since the Federal regulations would come into effect on April 1, 2014, the City decided to take the bull by the horns and have the site plan control in place. Mr. Holaday then questioned the comments made earlier by having facilities in an Industrial zone. Mr. Aquilina responded that for now, the City is dealing with the rural and agricultural zones. They will look into requirements for the Industrial zone in the future.

Mr. Holaday questioned whether it has been addressed by the Ontario Land Use Act or the Planning Act. Mr. Aquilina responded that so far the Province has been silent on this subject.

Chuck Groom of 2400 Firelane 2 addressed Council. Mr. Groom's main concern was that the area is primarily residential as opposed to agricultural. He would like to see the area rezoned to residential use. Discussion commenced and Mr. Aquilina explained the different policies in place such as the Regional Policy Plan and the City's new Official Plan. The Region and the Province would have difficulty rezoning anything that is Agricultural to residential. Mayor Badawey explained that the zoning varies from property to property and that it would be very difficult to rezone the area.

Frank Scott of 394 Pinecrest Road addressed Council. Mr. Scott believes that if the facility on Pinecrest Road does not fit the by-law requirements then they should not be fighting it but should pass it tonight. Mr. Aquilina explained that after tonight's meeting, Planning staff will prepare a recommendation report for Council for the next meeting. Mayor Badawey explained that tonight is a Public Hearing. Council will have the Planning recommendation report for the next meeting and will be able to vote on it. There was a brief discussion as to whether the Pinecrest Road greenhouse would comply with the by-law amendment. Mr. Aquilina confirmed that as it stands now it would not comply. Terry Fallon asked if there were any comments from Health Canada. Mr. Aquilina responded that they have their own regulations. Mr. Fallon suggested the recommendations be sent to them. Mr. Aquilina responded that it would be under the direction of Council.

Marc Kealey, President of Muileboom Organics addressed Council. Mr. Kealey also introduced the Honourable John Turner, former Prime

306


Minister of Canada, who was in attendance and also a member of the Board. Mr. Kealey provided some historical background information on the growing of legally prescribed marihuana. He stated that there are only fifty licenses in this country. They are very proud of their organization and have a Corporate Head Office with a professional team. He advised that three weeks ago they sent a letter to the Mayor and to the local police and fire departments to notify them regarding their intention to establish a commercial license through Muileboom Organics at 462 Pinecrest Road. They have held lengthy discussions with the police and have submitted a 700 page document to Health Canada for their application. They are happy to participate with any changes to the by-laws. Mr. Kealey noted that the site has been a farm for more than fifty-five years. The site was chosen deliberately because of its good name. They believe it could be a major hub for the country.

Councillor Bodner questioned how they propose to move forward and control any foreseeable problems. Mr. Kealey advised that the proposal (with its commercial license) is to grow 1500 kilograms per year which will be enough to fill about 3000 prescriptions. In order to expand the facility, it will be necessary to make changes to meet the federal guidelines in conjunction with the City's by-laws.

Councillor Butters noted that they have heard all the neighbours concerns. Before moving forward they need to know that the neighbours concerns will be addressed. The neighbours are worried about their wells, drainage, etc.. In order to put their minds at ease, any information they can provide is vital to them before they make plans to move forward.

Mr. Kealey advised that making the application to Health Canada has been a very rigorous process and it is necessary for them to maintain good corporate responsibility. They appreciate the concerns expressed by the community and are to be reassured that everything will meet Health Canada's standards.

Councillor Bodner suggested that the company set up some kind of liaison with the neighbours. It would be preferable to have some avenue for people to ask their questions rather than having to implement things through by-law enforcement. Mr. Kealey concurred that this would be standard operating procedure, to have this kind of dialogue with the community.

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

Mr. Aquilina advised that if anyone wishes "to be notified of the approval of the zoning by-law amendment they must make a written request to the Clerk. Only those persons and public bodies that give the Clerk a written request for the notice of the passing of a by-law will be given notice."

Mr. Aquilina also advised that there are sign-in sheets located at the rear section of the Council Chambers for anyone wishing to request notice.

(viii) EXPLANATION OF FUTURE MEETINGS

Mr. Aquilina advised that this concludes the Public Hearing under the Planning Act. The proposed Zoning By-law Amendment will be placed on the Council's agenda for the next Council meeting.

Mayor Badawey questioned when the Planning Report was expected to be ready. Mr. Aquilina advised that staff will begin working on the report the next day. Mr. Heil advised that the report will be sent to Council as soon as possible and can be distributed to the public by email.

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Minutes, Sixth Meeting (Special) of Council, March 24, 2014

6. ADJOURN

Moved by Councillor B. Kenny Seconded by Councillor B. Butters

Page 10 of 10

That there being no further business, special meeting of Council be adjourned at approximately 8:43 p.m. CARRIED.

Vance M. Badawey MAYOR


Minutes prepared by the Department of Planning and Development.

DA/hm

308

MARKS.DWOR BARRISTER & SOLICITOR

NOTARY PUBLIC /TRADEMARK AGENT

Suite 720 - 999 West Broadway Vancouver, British Columbia, Canada VSZ !KS

TELEPHONE (604) 662-3908 FAX (604) 662-3571 E-MAIL: [email protected]

March 241h, 2014

RE: Proposed Zoning By-Law Amendment - Medical Marijuana Production Facility

I write as a co-Executor on the Estate of my mother, Libby Dwor. She died in January 2013. The property at 2685 Vimy Road has been owned by my parents for over 70 years. There are still people alive who remember attending a party at the Vimy Road property to celebrate my birth about 67 years ago.

The property is not solely a seasonal residence, there has been and continues to be year-long habitation there for over 30 consecutive years.

I finally received the bundle of documents including the nine page Report 2014-20 prepared by the Department of Planning & Development on March 21, 2014; that is 3 days ago. On that same day the Federal Court of Canada (the Allard case) granted an injunction against one of the underpinnings of the new medical marijuana law, basically that those presently growing their own supply can continue to do so. This matter will remain legally unresolved for the foreseeable future.

Regardless, I deal with the report as best I can. It is a typical bureaucratic report. Not particularly illuminating and tightly blinkered. For example, it is unclear on the face of the document if it deals only with the hypothetical notion of amending a local zoning By-Law or rather specifically dealing with an unidentified property.

Everyone seems to know where the property is - was it inconvenient to mention that address?

I quote, however, from the Report itself on page 6:


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Letter re Proposed Zoning By-Law Amendment- Medical Marijuana Production Facility March 2411

', 2014 Page2

I do not believe this facility is appropriately located to mitigate potential impact.

I have no interest, nor does my mother's Estate, in the general notion of these facilities; there is however, a legally identifiable interest in the location of a facility a few hundred metres from the family property.

Marijuana is an illegal substance and as such is the centre of an enormous, polluting, profitable ruthless criminal enterprise of manufacturing, distribution and sales. Grow-ops, small and large, across the country are subject to gun battles and booby traps and violence continuously, for the same reason that bank robbers hold up banks, because that's where the money is.

Why anyone would place a continuous tempting target for criminal activity across from a Boy Scout facility and a few hundred metres away from a very busy public park is incomprehensible.

There is no patina of social value to any of the new medical marijuana facilities; the people who use medical marijuana were just granted an injunction to prevent the "prohibition" part of the law from taking effect. The law is a bureaucratic answer to deal with a difficult problem combined with the shifting accountability issue of making the industry profit driven. The facilities are no different than any other entrepreneurial commercial enterprise.

If any other commercial enterprise with a need for extensive security protection and huge water needs approached the City for a location, a reasonable assumption would be that it would be directed to a commercial zone that already has good fire

. and Water and security potential, not some quaint backwater road on an aging septic system and open ditches.

There is no need to grow marijuana in greenhouses. The biggest single grow-up in Canadian history was shut down by the police in Barrie, in 2010. It was in a disused Molson brewery. At least they had good plumbing!!

It may be more convenient to have a greenhouse, or more profitable to have a greenhouse, but so what? Good public policy does not favour commercial convenience over public safety or environmental concerns.

You would not locate any other pharmaceutical or chemical company or distillery or brewery near Cedar Bay, or Lorraine. Why in the world is this facility, with all of its extra added real problems treated differently?

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Letter re Proposed Zoning By-Law Amendment -Medical Marijuana Production Facility Marcil 2411

', 2014 Page3

Finally, I must deal with the glib acronym, "NIMBY" - "Not In My Back Yard". In this case, the back yard part is literally true. Usually when the NIMBY argument is raised, it is a two-part red-herring, firstly to allow the listener to ignore the argument as being somehow against some part of the common good, such as placing a home for addicted adolescents, or secondly, an assumption that there is something inherently wrong in wanting to preserve family and property values.

There is nothing inherently wrong with protecting property values and family values - this is reflected in zoning By-Laws. There is no common good in a commercial enterprise making an inherently dangerous illegal substance in a totally inappropriate location.

Your very truly,

Mark S. Dwor

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The "SEVENTH MEETING" (REGULAR) of the Port Colborne City Council was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 24, 2014 commencing at approximately 10:38 p.m.

ATTENDANCE:


COUNCILLORS:


Absent: W. Steele


REGIONAL COUNCILLOR:

Absent: D. Barrick

STAFF:

R. Heil, Chief Administrative Officer A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations H. Hakim, Manager of Community Services T. Cartwright, Fire Chief A. Kane, Events Coordinator and Beach Supervisor G. Murdoch, Events Coordinator. MYAC and Senior Citizen Advisory Council D. D'lnnocenzo, Recording Clerk


CALL MEETING TO ORDER - MAYOR VANCE BADAWEY


Withdrawal: By-law 6056/22/14, Being a By-law to Amend By-law 5613/43/11, Being a By-law to Establish the Flavours Advisory Committee, was withdrawn due to an amendment to the recommendation arising from Department of Community & Corporate Services, Community Services Division, Report No. 2014-3, Subject: Flavours of Niagara, Advisory Committee Amendment to the Terms of Reference and Rebranding, during the Committee of the Whole meeting. The remaining bylaws were renumbered to suit.



That the agenda dated March 24, 2014 be confirmed, as amended. CARRIED.


Nil.

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Minutes, Seventh Meeting (Regular) of Council, March 24, 2014 Page 2 of 8

4. ADOPTION OF MINUTES

(a) Minutes of the Fifth Meeting (Regular) of Council of March 10, 2014

No. 54 Moved by Councillor R. Bodner Seconded by Councillor D. Elliott

(a) That the Minutes of the Fifth Meeting (Regular) of Council of March 1 O, 2014 be adopted as circulated.

CARRIED.

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

Nil.

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION


That Items 1 to 20 on the regular agenda be approved, as amended at the Committee of the Whole meeting of March 24, 2014 with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendations contained therein adopted.

ITEMS:

1. Department of Community & Corporate Services, Report No. 2014-09, Subject: Cancellation, reduction or refund of Realty tax for 2013 taxation year for the address of 380 Elm Street

Council resolved:

That Council approves the application pursuant to Section 357, numbered 2013-07 to write off taxes in the total amount of $94.56 be approved.

2. Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-10, Subject: 2014 Operating/Capital Budget

Council resolved:

1. That Council, in compliance with Ontario Regulation 284109, hereby confirms and approves that the 2014 budget was developed using the cash basis and has excluded the following accrual expenses: a portion of the amortization expense which amounts to approximately $848,000 and the amount of post-employment benefits expense which amounts to approximately $154,000.

2. That the Council of the City of Port Colborne approves the 2014 Budget as presented.

3. That Council adopt the attached by-law for the estimates for all sums required for the operations for the year 2014.

3. Department of Community & Corporate Services, Community Services Division, Report No. 2014-3, Subject: Flavours of Niagara, Advisory Committee Amendment to the Terms of Reference and Re branding

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Minutes, Seventh Meeting (Regular) of Council, March 24, 2014 Page 3 of B

Council resolved:

That Council directs staff to take a one year hiatus from the festival and instead take the time to work and create a more comprehensive culinary event model for 2015.

4. Department of Planning & Development, Report No. 2014-17, Subject: Recommended Consultant for the Completion of the 2014 Development Charges Study and Updated By-law

Council resolved:

That Council adopt a by-law authorizing the Mayor and Clerk to sign an agreement with Watson & Associates for the completion of a Development Charges Study and updated by-law at a total cost of $36,900.00, exclusive of HST.

5. Department of Planning & Development, Report No. 2014-18, Subject: 2014 Update to the Memorandum of Understanding (MOU) between the Region of Niagara, Niagara Peninsula Conservation Authority and Area Municipalities

Council resolved:

1. That Council approve the proposed "2014 Update to the Memorandum of Understanding for improving the Planning Function in N.iagara" attached hereto as "Appendix C.


6. Department of Planning & Development, Report No. 2014-19, Subject: Niagara Lakefront Enhancement Strategy

Council resolved:

1. That Council endorse the Niagara Lakefront Enhancement Strategy attached hereto as "Appendix A".


3. That Council refer this report to the Capital Budget Session of Committee of Council for discussion purposes.

7. Department of Engineering & Operations, Engineering Division, Report No. 2014-10, Subject: Rebuild of the Dewitt Carter Playground

Council resolved:

That the Council of the City of Port Colborne approve the allocation of funds from the 2014 Capital Reserve Account for the reconstruction of the Dewitt Carter Playground at an estimated cost of $63,200; and further, that staff be directed to prepare tender documents for the project upon approval of the funding.

8. Department of Engineering & Operations, Operations Division, Report No. 2014-11, Subject: Port Colborne Distribution System Annual Summary Report

Council resolved:

315


That Council accept Report 2014-11, Port Colborne Distribution System Annual Summary Report, prepared in accordance with Ontario Regulation 170103, for information.

9. Department of Engineering & Operations, Operations Division, Report No. 2014-12, Subject: Sherkston Community Centre Cistern System Annual Drinking Water Quality Report

Council resolved:

That Council accept Report 2014-12, Sherkston Community Centre Cistern System Annual Drinking Water Quality Report, prepared in accordance with Ontario Regulation 170103, for information.

10. Gary Matheson of Matheson's Drug Store (1825142 Ontario Inc.) Re Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Col borne

Council resolved:

That the correspondence received from Gary Matheson of Matheson's Drug Store (1825142 Ontario Inc.) Re Request for Waiving of Development Fees for the building of a New Medical Centre at the Corner of Steele Street and Killaly Street, Port Colborne, be referred to the Director of Planning and Development for a report.


11. Memorandum from C. Mcintosh, EA to the CAO, Staff Liaison to the Accessibility Advisory Committee Re Changes to the Ontario Building Code with respect to Accessible Standards

Council resolved:

That the memorandum received from C. Mcintosh, EA to the CAO, Staff Liaison to the Accessibility Advisory Committee, Re Changes to the Ontario Building Code with respect to Accessible Standards, be received for information.

12. Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street) City of Port Colborne (PW Report 20-2014)

Council resolved:

That the correspondence received from the Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street) City of Port Colborne (PW Report 20-2014), be received for information.

13. Environmental Advisory Committee Re Correspondence to Waste Diversion Ontario expressing concerns Regarding the Proposal from Call2Recycle for the recycling of single-use spent batteries

Council resolved:

That the correspondence received from the Environmental Advisory Committee to Waste Diversion Ontario expressing concerns regarding the Proposal from Call2Recycle for the recycling of single-use spent batteries, be received and endorsed.

316


14. Ministry of Rural Affairs Re The City of Port Colborne's submission of an application entitled "Grow South Ontario - Port Colborne lntermodal Facility to the Rural Economic Development Program

Council resolved:

That the correspondence received from the Ministry of Rural Affairs regarding the City of Port Colborne's submission of an application entitled "Grow South Ontario - Port Colborne lntermodal Facility to the Rural Economic Development Program informing the City that the project will not be funded, be received with disappointment and that staff continue to research alternative funding sources.

15. Ministry of Tourism, Culture and Sport Re The City of Port Colborne's application to Celebrate Ontario 2014 Festival and Event program Re Canal Days Marine Heritage Festival 2014

Council resolved:

That the correspondence received from the Ministry of Tourism, Culture and Sport regarding the City of Port Colborne's application to Celebrate Ontario 2014 Festival and Event Program, informing the City that the event will not be funded by the program in 2014, regarding Canal Days Marine Heritage Festival 2014, be received with disappointment and that staff continue to research alternative funding sources.


16. Town of West Lincoln Re Water Wastewater Fiscal Service Review

Council resolved:

That the resolution received from the Town of West Lincoln Re Water Wastewater Fiscal Service Review, be received for information.

17. City of St. Catharines Re Resolution of Support, Town of Arnprior -Rising Electricity Rates

Council resolved:

That the resolution received from the City of St. Catharines Re Resolution of Support, Town of Arnprior - Rising Electricity Rates, be received for information.

18. Town of Lincoln Re Water & Wastewater Service Review

Council resolved:

That the resolution received from the Town of Lincoln Re Water & Wastewater Service Review, be received for information.

19. Association of Municipalities of Ontario "Legislature Supports Motion on Municipal Liability Reform - More Municipal Action Needed" Re Request for Support Calling on the Government to Reform Joint and Several Liability - Support of the "Combined Model"

Council resolved:

317


That the correspondence received from the Association of Municipalities of Ontario Re Request for Support Calling on the Government to Reform Joint and Several Liability - Support of the "Combined Model", be supported as follows:

WHEREAS the Council of The Corporation of the City of Port Colborne supports the government's consideration and adoption of measures which limit the impact of joint and several liability on municipalities. Specifically, the City understands three options are under consideration - the Saskatchewan Model, the Multiplier Model, or a third model which combines both;


AND WHEREAS the Council ofThe Corporation of the City of Port Colborne supports AMO's advice to the government that such changes would represent a significant incremental step to address a pressing municipal issue. This places some reasonable limits on the damages that may be recovered from a municipality under limited circumstances;





20. Memorandum from Ashley Grigg, City Clerk, dated March 19, 2014 Re Bill 69, The Prompt Payment Act, 2013

Council resolved:

That the memorandum from Ashley Grigg, City Clerk, dated March 19, 2014, concerning Bill 69, The Prompt Payment Act, 2013, be received and the following resolution adopted:

WHEREAS Bill 69, The Prompt Payment Act, 2013 , an Act respecting payments made under contracts and subcontracts in the construction industry, will have significant impacts on the City of Port Colborne's ability to manage taxpayer funds prudently in construction and infrastructure contracts;

AND WHEREAS if it is passed as is, Bill 69 could negatively impact municipalities, other public sector organizations, provincial

318


CARRIED.

government ministries and agencies as well as potentially residents and homeowners;

AND WHEREAS in particular, Bill 69 will limit the City's ability to contract for the best payment arrangements to safeguard public funds in each construction project it manages. Bill 69 imposes unrealistic and imprudent timelines for payment and to review work and certify payments; limits the City's ability to hold back reserves for warranty and maintenance; and does not reflect the complex nature of financial arrangements under large infrastructure projects.


THAT Bill 69, The Prompt Payment Act, 2013 be amended to:

• reflect more realistic timelines for payments in infrastructure projects;

• allow time for due diligence before accepting work and certifying payments; and

• allow payments to continue to be tied to project milestones.

AND FURTHER THAT The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, Steven Del Duca, MPP, Vaughan, Andrea Horwath, NOP Leader and Tim Hudak, PC Leader, the Association of Municipalities of Ontario, Local Area Municipalities and the Region of Niagara, be so notified.


Nil.

8, PROCLAMATIONS

Nil.

9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES

(a) Minutes of the Environmental Advisory Committee Meeting of January 8, 2014

Moved by Councillor B. Kenny Seconded by Councillor F. Danch

(a) That the Minutes of the Environmental Advisory Committee Meeting of January 8, 2014 be received.

CARRIED.

10. NOTICE OF MOTION

Nil.

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS

By-laws for Three Readings


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That the following by-laws be read a first, second and third time and passed:

• 6055/21/14

• 6056/22/14

• 6057 /23/14

CARRIED.

Being a By-law to Adopt the Estimates for the City of Port Colborne for Its Own Operations for the Year 2014

Being a By-law to Authorize Entering Into an Agreement with Watson and Associates for the Completion of a Development Charges Study and Updated By-law

Being a By-law to Authorize the Execution of a 2014 Update to the Memorandum of Understanding for Improving the Planning Function in Niagara Between the Regional Municipality of Niagara, Lower Tier Municipalities in the Niagara Region and the Niagara Peninsula Conservation Authority

12. CONFIRMATORY BY-LAW

Moved by Councillor F. Dan ch Seconded by Councillor B. Butters

That the following by-law be read a first, second and third time and passed:

• 6058/24/14

CARRIED.

Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of The Corporation of the City of Port Colborne at its Special and Regular Meetings of March 24, 2014

13. ADJOURN

AG/dd

Moved by Councillor A. Desmarais Seconded by Councillor B. Butters

That there being no further business, approximately 10:41 p.m. CARRIED.

Vance M. Badawey MAYOR

the Council meeting be adjourned at


320

Cit"y (_'-:'° :~.r_';r'.: --:>~ ''::-c--,--.-~,_3

f~" ,·-· '.·::.~ ·_r' _.,-- ::-':_·:: ;:·)

MAR 2 11 2014

PORT COLBORNE GATEWAY BUSINESS IMPROVEMENT AREA

BOARD OF MANAGEMENT

MEETING MINUTES

Date: March 4, 2014

Location: Country Store Kettle & Grill

Attendance: Mark Guilbeault, Frank Danch, Kim Danch, Chris Bull, Cathy Ellah, Martin Moskalyk

1. Call to Order

The meeting was called to order at 7:10 pm

Meeting chaired by Mark Guilbeault

2. Attendance and Confirmation of Quorum:

A quorum was present

3. Declarations of Interest

None declared

4. Confirmation of Agenda

Moved by Kim Danch, seconded by Chris Bull that agenda

of March 4, 2014 be confirmed as presented, Carried

5. Adoption of Minutes Moved by Chris Bull, seconded by Martin Moskalyk that the minutes of February meeting be approved as presented, carried

6. a) Treasurers Report - Presented by Kim Danch $ 15,319.52 current balance .. Moved by Kim Danch, seconded by Cathy Ellah to receive the Treasurer's report as presented.

Carried

b) Councillors Report - Presented by Frank Danch

7. Old Business

a) Sign at Lock 8 Park has been removed. Frank to report back to city that BIA will replace sign.

Moved by Frank Danch, seconded by Cathy Ellah that Councillor's report be Received as presented. Carried.

a) Sign@ Lock 8 - discussion tabled, Martin and Chris to talk to Windwalker Signs about a replacement

b) Plaque - Mark secured price estimate, will get designs once we know how many names c) Clock -Martin and Chris reported that mock-ups of designs are to follow. Region will match

monies to double our budget. We may be able to get monies from City. Lindsay Richardson from the city that the $6700 from the old Gateway Association (previously earmarked for a clock) was actually spent on a rock at Lock 8 Park. Ideas were talked about around design. City of Port Colborne wants to make It a "joint venture", so no permits will be needed, and the City will look after maintenance. Barb Butters from the Heritage Committee indicated

321

that there is no problem with installing a clock.

8. New Business

a) Flower Baskets - City will look after flower boxes for no charge

b) Hanging Baskets - no cost for maintenance, 2-year contract in place for maintenance with The Mill

c) Banners - City has extra banners to replace damaged ones.

9. Next Meeting - Next meeting scheduled for April 1, 2014 at 7:00 p.m. at Country Store Kettle & Grill

10. Adjournment- Moved by Cathy Ellah, seconded by Kim Danch that meeting be adjourned. Carried.

322


APR -7 2014 CORPORATE SERVlC' :'

PORT COLBORNE GATEWAY BUSINESS IMPROVEMENT AREJ!.EPARTMf.N·r

BOARD OF MANAGEMENT

MEETING MINUTES

Date: April 1, 2014

Location: Country Store Kettle & Grill

Attendance: Mark Guilbeault, Jackie Ruiter, Cathy Ellah, Kim Danch, Frank Danch, Martin Moskalyk, Chris Bull, Sandy

Baird

1. Call to Order

The meeting was called to order at 7:15 pm

Meeting chaired by Mark Guilbeault

2. Attendance and Confirmation of Quorum:

A quorum was present

3. Declarations of Interest

None declared

4. Confirmation of Agenda

Moved by Kim Danch, seconded by Chris Bull that agenda

of April 1, 2014 be confirmed as presented, Carried

5. Adoption of Minutes Moved by Frank Danch, seconded by Kim Danch that the minutes of March meeting be approved as presented, carried

6. a) Treasurers Report- Presented by Kim Danch $ 15,319.52 current balance (no change). Moved by Kim Danch, seconded by Cathy Ellah to receive the Treasurer's report as presented.

Carried

b) Councillors Report - Presented by Frank Danch

7. Old Business

Frank Danch reported that there was nothing to report from City Council.

Moved by Frank Danch, seconded by Martin Moskalyk that Councillor's report be Received as presented. Carried.

a) Clock- Martin Moskalyk and Chris Bull brought Sandy Baird from Windwalker Sign Studio to address any questions or issues around the clock. Sandy brought along colour mock-ups of the clock design for approval. The clock will be constructed of steel and wood, and would stand finished just over 10 feet tall. He indicated that there would be an access panel for hydro, and that the clock would have a lighted face. Martin and Chris reported that the City of Port Col borne has agreed to look after the maintenance of the clock. The construction of the clock will be completed in time for Canal Days. Moved by Kim Danch, seconded by JackiE Ruiter to approve the design for the clock, and begin construction. Passed.

323

8. New Business

b) Plaque - Mark Guilbeault had nothing new to report with regard to the plaque, as he is still waiting to hear from the Museum about the names.

c) Sign - Martin Moskalyk and Chris Bull reported that specific designs for the sign will follow; but that the cost for the sign AND the clock will both be completed under budget.

a) Accessibility Committee - Frank Dan ch reported that he was approached by a member of the Port Colborne Accessibility Committee about ramps being installed at merchant locations on Main Street. This was brought to the BIA for information only. It bears mentioning that Frank did good.

9. Next Meeting - Next meeting scheduled for June 3rd, 2014 at 7:00 p.m. at Country Store Kettle & Grill

10. Adjournment - Moved by Frank Danch, seconded by Kim Danch that meeting be adjourned. Carried.

324

City of Port Coioonw RECEIVED

MAR lf 201' .-----;;:Pc::O-;::R-;::T-;:C:-::O::-:L--;:B:-::O;:--;:R::-:N:-::E;-;T:;-;R::-A;--:N-::S::-:IT=-:-A-;::D:-:V:-::IS:-::Oc::R::=-Y:-cC::-0:::-;M:-:--:-:M-:=IT=T=E=E--:cM~E=E=T=I N-o-G=---c-O-RP~O \ATE SERVICES

WEDNESDAY, JAN 22, 2014 DEPARTMENT 3RD FLOOR COMMITTEE ROOM, CITY HALL

Attendance: Jim Huppunen, Janice Peyton, Melissa Bigford, Denise Archer, Peter Senese, Scott Mathieson, Yvon Doucet, Alfred Stockwell, Casey Forgeron

Regrets: Peter Opdam, Bea Kenny, Grant Winterton, Margaret Kerr, Mayor Badawey

1/ Adoption of Agenda

Moved by D. Archer Seconded by A. Stockwell

That the agenda dated January 22, 2014 be accepted as presented. CARRIED.

21 Introduction of New Committee Member - Casey Forgeron

Introductions were made for Casey Forgeron, new committee member.

31 Presentation - Metis Transportation Limited

Darren Parberry, President of Melis Transportation Limited, was in attendance and provided a presentation and an information package on Melis Transit. Mr. Parberry responded to comments and questions from committee members. Hiroo Thadaney, Marketing Manager of Melis Transportation Limited and Judith Johnson, Culture Division of Melis Transportation Limited were also in attendance.

During committee discussion after receiving the presentation, the following observations/decisions were made;

• Melis Transportation Limited had no Business Plan • Melis Transportation Limited had no previous experience • the presenter had very little knowledge of our existing transit system • Wainfleet will be contacted to see if they signed a letter of permission to

allow Melis Transportation Limited to provide transportation service, and if they sought legal advice to do so

• the committee recommends that Council wait to see how Regional Transit will unfold

• the committee recommends that Council wait to see the experience that the City of Peterborough has with MetisTransportation Limited

• the committee recommends that Council seek legal advice regarding the written permission to allow Melis Transportation Limited to provide any service

P.C. TRANSIT ADVISORY COMMITTEE MEETING - January 22, 2014 Page 1

325

4/ Approval of Minutes of Nov 27, 2013

Moved by S. Mathieson Seconded by D. Archer

That the minutes of Nov 27, 2013 be accepted as presented. CARRIED.

5/ Actions Arising from Previous Minutes:

• Signage for City Hall Vestibule Peter advised that lettering for the signage has been ordered.

• Review of Transit Agreement with Welland Transit Peter advised that he is preparing the report to Council regarding the transit agreement.

• Bridge Closures Yvon advised that the Clarence Street Bridge will be closed from January 23rd to February 21 •1; the pedestrian walkway will be open during this time. The pedestrian walkway will not be available from March 3rd to March ?'h, rides will be free for those going from East to West of the canal during this time.

• Niagara Classic Transport The previous minutes regarding Niagara Classic Transport being invited to make a presentation to the committee was discussed. It was brought to the committee's attention that Niagara Classic Transport had provided service to Niagara College and there were some concerns/complications. The invitation to Niagara Classic Transport to present will be on hold as Staff researches their service with Niagara College and Niagara-on-the-Lake.

61 Information Items

• Correspondence to City Clerk and Melis Transportation Ltd Re: Invitation to Present

A copy of documentation to the City Clerk and Melis Transportation Ltd. regarding bringing public transit to the community and an invitation to present was provided.

• Correspondence to City Council re: Bridge Closures

A copy of documentation to City Council regarding bridge closures was provided.


326

71 Other Business:

• 2014 Budget Request Peter advised that the 2014 transit budget request has gone to Council. Council has indicated that they do not want to endeavor Saturday service at the present time.

• Extended Hours Pilot Project Peter advised that he has asked Council to defer their decision to continue the extended hours pilot project until the revenue data from January and February is available. Peter advised that so far in December, a few riders have been utilizing the extended hours. Peter said that there is reserve money that could cover extending the pilot project to December 2014 and that this would be done through a report to Council.

• Regional Transit Referendum Alfred provided information on the Regional Transit Referendum. Alfred advised that the referendum may not be binding, due to voter turnout.

8/ Next Meeting

Wednesday March 26, 2014.

9/ Adjourn

/jp

Moved by C. Forgeron Seconded by A. Stockwell

That there being no further business to discuss, the meeting be adjourned at 5:00 p.m. CARRIED.


327

CANAL DAYS ADVISORY COMMITTEE MEETING Wednesday, February 19, 2014 - 6:30 p.m.

Third Floor Committee Room, City Hall

City of Port Colb9rne RECEIVED

APR -7 20\4 CORPORATE SERVICES

DEPARTMENT

Attendance: Councillor A. Desmarais; Betty Kone; Claudia Brema; Gary Gaverluk; Erno Rossi; Michelle Mason (Museum); Harry Hakim; Barbara Gaverluk (Car Show); Sandy Pilot (Staff); Mayor Vance Badawey; Gina Murdoch (Staff); Donna Taylor; Allaina Kane; James Sherk; Regrets: Councillor Bodner; Adam Bunz; Ben McDermott (YMCA); Jennifer Bowman (staff); Shorthills Cycling Rep; Peter Senese (staff); Michelle Cuthbert-ldzenga (staff) Absent: Councillor Elliot; Paul Peyton (staff); Susan Brown Guests: Gail Todd; Claudia Spiteri; Tina & Dennis Smith;

1) Welcome and Amendments to the Agenda

Meeting was called to order at 6:36 p.m., Mayor Badawey, Chair No amendments to the agenda.

2) Presentations • Tina and Dennis Smith, Saddlebrook Farm

Provided an overview of their operations and services, and their interest in participating at this season's Canal Days Event providing their Pony Ride services. Operating season is April to October; they are therapeutic and accessible to disabled individuals; and provide offer 2 handlers. The fee proposal is $5/ride (which consists of two rounds - need to further define this fee for service), charges range up to $200/h and not averse to negotiating a fee proposal. Encouraged to prepare a proposal with various options. Under the City procurement policy we will have to solicit for proposal or quotations to provide and open and fair process and competitive bidding.

• Betty Kone and Gail Todd provided the committee an overview of the Clarence Street Connection and their proposal to enhance Clarence St. during Canal Days. This proposal is on behalf of the retailers on Clarence and not on behalf of the BIA. The operating hours for Clarence St. must comply with the Canal Days schedule to make certain unnecessary operational down times are not experienced throughout the festival weekend

Gina is investigating closing portion of King St. that will facilitate additional pedestrian traffic. Consideration for bus shuttle services to be considered also.

Note: Vendors fees will be applied; staff will coordinate and administer further.

Moved by A. Desmarais Seconded by G. Gaverluk THAT the presentations be accepted as presented.

Page I 1

329

CARRIED

3) Approval of Minutes - Jan. 15, 2014

Moved by Seconded by

Michelle M. A. Desmarais

THAT the minutes from Jan. 15, 2014 be accepted as presented. CARRIED

4) Business Arising from Minutes

Nil.

5) Correspondence received since January 15, 2014.

No correspondence.

6) Staff Reports

• Budget Allaina reported there is little to no activity to date.

• Sponsorship Sandy reported things are good and that Snyder docks was recently presented with sponsor of the year. Packages being completed and hope to have them ready for distribution before the end of February (Thursday/Friday Feb 27/28, 2014). Further details forthcoming.

• Entertainment - Market Square Allain a reported some of the acts for market square are booked with no increase in fees. We are also in our last year of the contractual agreement with the production company who has done well and helped us hold the line financially. Anticipate increased costs for entertainment in the future -we have done well over this term. Discussion on a theme took place suggesting 'come home theme'. Allaina asked to consult further with the production company and consider additional performers both Canadian and American or even 'knock-off' 80s rock bands that may provide better value - Allaina to investigate with Production Company. Sunday black-out at Market Sq. to be investigated further and all measures should be explored to avoid a black-out scenario where possible. Market Sq. historically has been very quiet on Sunday; however, we should investigate all possibilities and consider expanded uses of Market Sq. during the day time when not in use; examples included hosting the Farmers Market (Foodland Ontario).

• Vessels

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330

Report confirming the Empire Sandy and Liana's Ransom; the budget for additional ships is limited. Committee inquired if both Empire and Liana's ticket costs should be increased. Committee was reminded prices previously increased Empire Sandy tickets price by $5; recommended increase to $25. Liana's Ransom is currently priced at $20, and recommended to hold that price line for Liana's Ransom. The scenario for this season will be to provide value added service by not cancelled outing and to reroute cruises up the Canal. Ticket pricing to be explored further by staff and report back to the next committee meeting showing additional cost increases by $5 for Empire Sandy and the cost variance for taking Liana's Ransom through the Canal vs. cancellations and refunds being administered. Other ships should also be considered and pending the grant application or additional sponsorship. Sponsorship coordinator to investigate additional sponsorship to leverage budget amounts. The grant application has been submitted and an announcement will not be made until mid to late March 2014. Staff should also prepare a disclaimer for these changes in the cruise itinerary and have a refund policy in place to address th'1s.


Michelle Mason Councillor Desmarais

THAT the report on vessels be accepted as presented. CARRIED

• Transportation Gina reported that St. Catherine's transit is in good order for this year. Also in the final year of our contract for transportation. Work on Hwy# 58 and 140 pending; activity on 140 has been staged and will be starting soon. Additional information will be brought back to the committee as received. Gina is to pursue gathering these details through engineering and MTO as required and report back for next meeting.

• Parking Gina reported that East side parking at Vale Health & Wellness Centre is secured. Additional parking on the west side has been secured at Sobeys parking lot and currently awaiting permission for access to the No Frills parking lot, which will work well for St. Catherine's Transit. Sugarloaf & Steele St similar to the concerns on King St. shuttle service may be limited.

• Vendors Update on vendors will be provided by Gina and she will continue to consult with Bryan on the transition. The application format has been updated and consolidated the three forms into one form. Forms have been updated to include additional details regarding qualifications for holding licensed raffles. Food vendors' infrastructure on West St is limited and to concentrate them in one site or another is not advisable. A suggestion was also made to upscale some vendors with the use of Artisan vendors vs. more of the

Page I 3

331

sunglass et al vendors. The committee should note the sunglass et al are a good source of revenue and for presentation on West St. are well dispersed. Note: the foot print for Patio on West will be increased to accommodate more patrons and the plan moving forward will be not to shut services down. Harry informed the Committee that staff are considering the use of OnlinePORT to receive applications and payment. This format will provide better tracking for all vendor applications and payments.


Betty Kone Donna Taylor

THAT the foregoing reports on transportation, parking and vendors be accepted as presented. CARRIED

• Volunteers Councillor Desmarais reported no update from the last report by Jennifer. She reiterated the Volunteer Appreciation banquet is Wednesday, April 9, 2014 at the Italian Hall, 5:30 p.m. Invitations will be sent out shortly. If there are additional volunteers applications are on-line or you can call Community Services for further details or communicate with Jennifer Bowman. Additional communication with volunteers is forthcoming.


Michelle Mason Claudia Brema

THAT the report on volunteers be accepted as presented. CARRIED

• Marketing Allaina informed the Committee that she is putting together a marketing/promotions plan and considering changes and evaluating traditional media vs. the benefits of social media. As reported last meeting social media last season was a tremendous success and with the attention it provides. Global is the network with the best reach that provides Canal Days added value vs. CHCH network. Tourism sites will also be used to leverage marketing/promotions. Harry inquired whether we could leverage the Canal Days marketing budget through the OMO (Niagara South Coast Tourism Association) and funding from the RTO. It was also suggested we speak to Sherkston Shores for added marketing exposure; and include the VHWC activities and events.

Sanctioned events were asked that if they are doing any advertising to send along to Allaina Kane for our records in compiling data for additional marketing and promotions.

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• Other

Electrical update: Staff will be meeting with the electrician (former employee) to deal with electrical infrastructure requirements Fri Feb 21, 2014; discussion will take place in preparation of an RFP to solicit proponents to supply, service and install electrical requirements for Canal Days. Previously reported the current provider sold the business. We have to solicit bids in accordance with the City purchasing policy.

Signage: No further update. The Regional by-law to restrict smoking in a public place has been approved and will be rolled out to the public in May 2014; year one will be primarily based on providing educational details to the public and the associated risks to smoking and second hand smoke. Consideration to host designated smoking zones at the festival will be investigated however, unlikely to be implemented in year one. The Region plans to have education staff participating at most Region festival & events.

A recent SEAT (special event advisory team) meeting was held to deal with logistics and set-up at Market Square. A site plan will be brought forward as plans are solidified.


Claudia Brema Gary Gaverluk

THAT the other reports noted above be accepted as presented. CARRIED

7) 2014 Sanctioned Events Reports:

• Museum Michelle Mason reported they remain in the planning stages and that they will partner with the conservation club to host the duck race once again; and will have the 1812 program.


Councillor Desmarais Claudia Brema

THAT the museum report be accepted as presented. CARRIED

• Kite Show - Wind Jammers As one of the largest kite flying exhibitions in Ontario Donna continues to plan for this seasons and expressed concern with a reduced budget while citing examples of other kite flying festival & events who dedicate more funding. The need for sponsorship is necessary and she is willing to consider all possibilities and work with the sponsorship coordinator (Sandy Pilot). Sandy offered to investigate sponsorship opportunities with Donna. Donna was also asked to bring back a budget proposal to work with and that will help sponsorship opportunities.

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Donna spoke about the positive experience at the New Year's Eve indoor kite flying activities at the VHWC. Donna felt it promoted kite flying and the Wind Jammers -willing to do something like that again in the future.


Michelle Mason Councillor Desmarais

THAT the Kite Show - Wind Jammers report be accepted as presented. CARRIED

• Car Show Gary Gaverluk reported their planning continues as one of the 'largest festival car shows' in Ontario. Gary appreciated the site map for HH Knoll that will help with their mapping and placement Additionally, Gary requested better materials than the floral paint they are currently using to provide better markings and lane ways. Harry offered to secure a water based paint system similar to that used for sport fields including dispensing device. Gary also updated the committee on the creation of a new logo the car show would like to implement and circulated three versions. A decision on the log has not been determined. Michelle reiterated the original logo is the property of the Museum (City of Port Colborne), and that no changes to the original log can't be made without written permission. Moved by Seconded by

Donna Taylor Claudia Brema

THAT the Car Show report be accepted as presented. CARRIED

• Boat Parade of Lights James Sherk reported that Andrew Maloney will no longer participate at the Canal Days meetings. James continued to present some of the challenges the boat parade experiences annually with the number of laps expected of them. He would like to iron that out and suggested that they may have more boats participating next year. In addition, he cited communication concerns while he was monitoring 3 channels. To mitigate this matter it is recommend to use one channel for communication. This will be communicated to the Marina Supervisor (Mark Minor) who will be the primary communication point with all vessels for Canal Days. James reiterated that the club is considering organizing a regatta on Saturday during Canal Days weekend and that this would be a local regatta. As they continue to plan the regatta a full report will follow. Additionally, once the details are confirmed the regatta will be included in all marketing and promotional materials. The regatta continues to be well received by the committee and endorse this event


Councillor Desmarais Gary Gaverluk

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THAT the Boat Parade of Lights report be accepted as presented. CARRIED

• 5 km run Nothing to report.

• Shorthills Cycling Nothing to report.

• Craft Show Nothing to report.

• Lighthouse Tours Erno mentioned the Lakefront Enhancement Fund recently approved by Niagara Region. Erno reported on-going progress with the plans to market and promote the lighthouse tours. Harry requested that he communicate with Mark at the marina about needs to secure the same site for staging the lighthouse tours and to keep Mark well informed.


Betty Kone Donna Taylor

THAT the Lighthouse Tours report be accepted as presented. CARRIED

8) Port Colborne YMCA Nothing to report.

9) New Business The Chair requested that all proposals (RFQ's and RFP's) should be available on the City website.

1 O)Adjournment


Donna Taylor Gary Gaverluk

THAT the meeting be adjourned at 8:45 p.m. CARRIED

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port colborne council agenda april 14

Documents

public meeting report

regular council meeting

camera meeting

council policy

council chambers

zoning bylaw amendment

zoning bylaw amendment

session matters