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.
1
2
PORT COLBORNE
CALL MEETING TO ORDER
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
3
4
I
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.
5
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
BYLAW NO. __ _
BEING A BYLAW TO AMEND ZONING BYLAW 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
9

.
j 7,J ha l .

:I: 0.991 ho
3RD CONCESSION ROAD
TlllS IS SCIIllDULE "A" TO IJY-LAWNO .. ____ _
PASSED 2014
MAYOR
CLERK

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:
FILE NO. Dl.f..0.?-1.f
DRA'l\'N BYB.. &
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
jimhuppunen@portcolborne.ca
905-835-2901, Ext. 221
Fax: 905-835-2939
11
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
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 Pnvacy Act. Any other dist1ibution, copying or disclosure is st1ictly prohibited. If you are not the intended recipient or have
received this n1essage in enor, 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
12
Niagara 'fT/IJ Region
VIA E-MAIL ONLY
March 31, 2014
File: D.18.07.ZA-14-028
Mr. Evan Acs
Planner
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)
Public Meeting: Aprll 14, 2014
Regional Development Services staff has reviewed the information circulated for the above-
noted 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.
13
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 RdAPO\Regional Comments.docx
14
l

.. ' ..
COMMITTEE OF THE WHOLE MEETING AGENDA
POR_ T COLBOR_NE
following Special Meeting of Council
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
Committee of the Whole Agenda April 14, 2014
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.
18
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. 2 0 1 4 ~ 1 3
Subject: Port Co!borne Distribution System
Annual Inspection Report
Department of Chief Administrative Officer,
Health Services Division, Report No. 2 0 1 4 ~ 1
Subject: Name Change of Physician
Recruitment Committee
Department of Community & Corporate
Services, Report No. 2104-12, Subject:
Lease of Site A
Services, Community Services Division,
Report No. 2014-4, Subject: Nickel Beach
Lease Agreement between the City of Port
Colborne and Vale
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.
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 camping/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
April 14, 2014
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 4
1
\ 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
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" <albert.garofalo@gmail.com>
To: <brendaheidebrechf@portcolborne.ca>,
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
24
From:
To:
Cc:
Date:
Subject:
RECEIVED
APR -.7 2014
CORPORATE SERVICES
<apalma@sympatico.ca> OEPARTM.ENT
"ashleygrigg@portcolborne.ca" <ashleygrigg@portcol borne .ca>,
"lindsayrichardson@portco I borne .ca" <lindsayricha rdson@portcolborne.ca>,
"apalma@sympatico.ca" <apalma@sympatico.ca>, Rossi Erno <erossi@cogeco.ca>, Wolfe Scott
<scott.wolfe@vale.com>
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
apalma@symaptico.ca
(416) 574-1877
Erno Rossi, Chair and Treasurer.
SAVE OUR LIGHTHOUSES
147 Tennessee Ave,
Port Colborne Ontario
L3K 2R8
erossi@cogeco.ca
(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 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:
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 By-
law 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 agri-
tourism; 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, poultry-
keeping, 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 By-
law 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
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
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 By-
law 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
Robert J. Heil
Reviewed and Approved By:
FOR Dan Aquilina, RPP, MCIP, CPT
51
strnd number mm1e Owioir1 J\dd(.eSS 1 A:::'dress 3
Cl1Y
255:!. FlRtlANt 3 LECKIE JAt.15 l"ERRt!.L LECKJE P.'l.TIUQA!'\iElYN 2552 FIREtJ..NE 3 RR1 POR.T COL60fl.NE 01'f 13K S\t3
2499 RRELAN3 CRAYDEN CAAYC(N ANNITTE 24!l9 FIRElANE 3 PORT COLBCRNE L3K 5'13-
'-.516 r:REL.A.l\'E 3 BARBARA ELLEf4 SELL DAVID ANDREW 2516 FlRE!.ANE 3
'"
PORT CORUJOR.NE ON l3K SV3-
2547 f!REIANE ! DRURV TIMOTHY JOHiJ COSGROVE-ORURV KA.Il!U::EN C/O TIMOTHY DRl.HiY 19 IVYGREEN CRT AMHERST NY 14726'
2Y.7 FlRELANEB DRURY TIMOTHY JOHN COSGRC\.'EOfl.UR.Y Kl\TI-!l.EEN C/O TIMOTIN DRURY 25'17 f1REl.ANE? PORT COL.SOil.NE: OM l3K 51/3. Returned to Sender
4:15 PINECRfSTRO GARDINER MATTHEW STRATTON t!S.J\ '195 PINECR:sT RD POP.T COLBOltNE ON Uk 51/3
2591 FJREl.ANE a GiRISilNE MEYER WILMACHERY!. 6 Ll.0\'D flllA."IOR RD CT051COKE ON M93SH6
7.SS7. V}MVRD PJU:SSE l.ORlfJ EARL Pl\ESSEC/\THl'.RINE ANN RRl 2592 VIM'f RD PORT COLSOR.NE ON l3KSV3
2GR5 VIMYRD D'JJOR URBY POBOX'3.7 PORT COLtlCRNE ON l3KSV7
22:59 VIMYfll) KAl EDVJARD STEVE KtJ DANUTA ffi!::N:E 7..$59 VIM'! 1\0 PORT COLOORNE ON l3K5V3 Returned to Sender
2!!49 VIMYRD O'flOtJRKE CAROLYN M 13l3ALTUM SAN QEMEJ.ITE CA 92.673
'llMYRD D'RCURKE CAROLYN M 7,849VIMYRO PORr COL13.CRNE OM l3K5V3
2!139 VIMYRD O!:'FRANKSJOh'N OEfAANKS CY;\'Tli!I\ 40GROSVENORRD 6LIFFALOr.!YUSA 14223
"'"
VlMY RO D!:FAANKS Df:filANKS CVNTHlA 2B;!9V!M'fRD POH.r COLOORW: 011 IJK SV3 Returned to Sender
2Bi!5 VIMYRD O'RE.li..LY KEVIN "'1ARADE O'REJllY 2345 CARPtN'TER C!RCLE OAK\<1llEON l6M 3CT
21l85 VlMYRO MAAAOEO'Rt:IL!..V 28&5\/IMY RD PORTCOL5CRNE ON l3K5V3
2:532 FIR:::t..'\NE 3 I:: !!ROERSE PETEil DCUG!..ASC<AY 2532 FIRELANE 3 RH PORT COLBCRNE ON L'\K 5V3
'559 FIRELANE3 WNATO DONNA MA!UE SMITH PETER WATT 1559 FIRELANE 3 ?Oltr C01.1'CRfJE O:>! !3K5V3
2005 flRELANE 3 l([l..LER ROGER!. 3.600 GENESEE ST 3UFff..J.0 NY JAUS
2r.os !'JXELANE 3 KELLER ROGER L Z60S FlRELANf 3 ronr COLOOl\NE ON !3KS93
2S15 VIM\'RD BARKERVICTOR l'HOMAS M.Fl:KER GISELE BRIGillC: 1615\.'lMYKO
'"
POl<T COl'ACRNf ON l3.K 5\13
""'
VIM\'RO HAL1.IJ.RlA.N HALLJIWAN 2824VlMYRD POli.f COLBCRNE, ONT. 13.KS'/3'.
2.882 VIMYRD DE OCAMPO ,\MELIA DE OCAMPO MA.'1.TINIANE 5096 HERITAG!; fill.LS 13!..VD MISS!SSAUGA ON I.SP: 1'18
,..,
VlMYRD DE OCAMPO AMELIA DE OCAMi'Q Ml\RTINIANE 2.882vtMYRD PO!l.T 0 N L3K Sli;i Returned to Sender
VlMV RD ALEXANDEI\ KATHRYtI 2694V!MV?.D mn ronr COLBCRNE OM L.3.KS\13
2904 VIMVRO JANE\VSHUllZ 290-1 VIMY RIDGE RD PORT ON L3KS\13 Returned to Sender
2904 V1MYRP JANE\'! SHUl'!Z i:i. !'tORWOOD AVE SUl'F/\lONY 14222
2910 VIM''tRD MOORE HM.RY JR MOOR!;C\ROL 2910VIMYRO RRl PORTCOLOOlUJEOt-1 l3!.'. SV3
""'
VIMYRO \!AN ESC:HSTEVEr<l CARMEN 2868VIMYrm RRl PORT COLBCRNE ON: 5'13
"'
PINECREST XO SPIE.ct: RPlARD 5P1!:CESHAltON NATALIE 446 PINt::CRSTRO RRl PORT COLOORfJE ON: l3K5V3
2580 V:MYRO Dl3ERNARCO VENA OISER:-IARPO CAMIUE DI BEil.NARDO JON BOOTHOMAS FO'..< DR. 'N NORTI-! TCNAWAtJOA NY US 11:;120
2SBO VlMYRD DJ!lf:RNAROO VENA OH!RNAROO CAl'JllLlE Dl8EH.Nl\RDO JON 2SSOVlMY RD COL.BORNE ON L3K SV3
Returned to Sender
!!81 RD THIESSEN ARNOLD THl(SSEN STEPl!ANI( 881 PINECREST RD PORT COLSCH.NE ON: 13K5V3
2552 l'IR.El..ANE3 !..EC!CIE JAMES FERREL!.. LECKIE f.>ATRICIA \!ELYN 2552 F\RE!.ANE 3 RR> COLBORNE ON t3.KSl/3.
42G
,,.
P!NECRQTRD
426 PINECREST RD Ril1 r>OR.T COLBORN( ON l3K SV3

2542 FtREWJE3 JANICE ATV/000 86 DAl'IBURY tANI!: KEN!<.10RE NY US.Ji. 14217
2S4l tlRELANE3 ANDERSON JANICE AT'NOOO :2542 Fli\fU\.NE PORT COLBORrn:: ON l3K 5\13
'"
PINECREST RD SCOTT MARGA!<_ET ANNE RRl 394 PINECREST RD L3K 5'i3
21:l7 FIREW./E 2 SC!-IROEDERTHOM1\S SCHROEDER St!SAN GlJTHEll RRl 2407 FIR.ELANE 2 L3K5'8
'301 FIREl.ANi:2 TELroJID ROBERT EDl.V.AI;,o Tl.FORD UNDA liJ'iARGARET 26 COLONE:l COHOE ST Nl-'\G ON 7HE tAKE CN LCS \JO
2391 FIREtANE2 V.IJ!.llS E!ROOKE 2391FIA.ELANE2 PORT COLRORNE ON t3KS-'i3
2434 FIREWlEZ WESlEY SMITH MARJORY I.Et:
""
243-4 2 l>ORTCOLBORNE ON l3K5V3
.,.
<)A ?lNECRC5T RO BEGG TERR\'1.YNN DEGG KEN 426 PINECREST RD RRl PORTGJLBORNC t3KSV3
'365 flREl..ANE 2 EDWARDS CHARLES EO\\'l1RPS SJlE1LA ANN CHRISTINA 2365 F1REL-\NE 2 RRl PORT COL.BORNE

52
2339 FIRELANE2 lt"'Of-.'PETER :Z33S' FlREl.ANE 2 l!R1STNM.AIN PGll:TCOLBORN!: ON L3K5\'3
2S:l5 rm.ELANE 2 PAULINE LORAAINE RESSLERJOHN J8'FREY 23161=JRELANE 2 RRl ?CRT COLBORNE ON GKS\13
101:!. GOODWIN DA\.1D MICHA!:L GOODWIN DIANA CA 1TERINA 71Tl ACRES 'ES NlAGAAJ\ F,\US 0:-! t.211E4
2011 FIRElf.NE 2 GOOOWIN DAVID Ml:HAEL GOODl!llN DIANA CATTERlNA 2011 FIRELANE 2 PCITTCOLBOP.NE ON L3K S\13.
Returned to Sender
FIRElANE2 HATCH MARRYCUFfOIU') \lATOl ROSAtYN ELLI;N 2085. 2 RRl PORT COLBOR..'I/:;-, ONT. l3K5V3
2;!'9l F!RElANE2 i'El.FORD R05!!RT F.D\\'ARD TELFORD UNDA. MARGARET 25 COLON Et OOHOEST HlAG ON TI-fE LAKE ON IJlS 1J()
7.39.l FiR;EL.!\N( 2 TI!FORD ROBERT ED\"-'f1RD TELFORD UND4 MARGARET 2391ARElANE2 PORT COLOORNE ON !3K5V3 Returned to Sender
1!J07 F!RElANE Z SA.1\.'TON.! AGfJ!:S SANTONI C:'\Rt 21.9:) l.N<ESHORE RD UNIT405 S.ttRUNGTOM O.N L7P. 4t1
1!iD7 Fi'FlElANE 2 SANTONI AGNES S,.'\NTONI CAAL 1907 FIRELANE2 PORT COiOOR.'JE ON L3!(5V3
,..,
DIN'GMA:-.1 GARY GLEN .t!G7 RD PCITTCOl...OOR.'llE l3K5'r"3
G53 rlNECRESTRD !AU!\ CAROL [..\UR JOI-IN l.,'\UR M!CHAEL 663 PINECREST P.o RR1 POITTCOtBOP.,,'\IE ON !3KSV3
914 riN<:CREST RD COOPER GAR\' \'JAYNE COOPER VJ'.'!ANE CHANTALLE 914 RRl ?<>R.i ON L3K 5\13
851 PiNECREST RP K.11.LYtJtn;< JAMES VAN Rll.LYNUIK CA.THYANN 851 PINECR13T RD RRl ?ORTCOI.BORNEON L3KSV3
215& FIREL.-'\NE 2 FAllDN J::ER:tV BERNARD' 2156 FIRE!.A.NE 2 RRl ?ORT COLBCR.\IE 13KSV3
212:? FIR[lANE2 M IS!:JJER NAt.'CY RA.WtJN'GS KEVIN 2122 FIREtANE 2
'"'
?ORT CO' ..OOR.'IE OH l3K 5V3
2277 REPEC !\",ARY WEl5S 21 MA'ir.AIR LANE 9.UFFALO NV 14201
2243 FIRa.ANl'i2 REPEC :Vl,'\R'l'V>'E!SS 2277 FIRELANi: 2 ?ORTCO!.BOR."lEON L31(5'B
2334 2 JASE:KJOHNM JASEK COLLEEN !t RR! 2334 FIRELANE 2 POR.TCO!.BORNE ON L31{SV3
2595 VIMV RV Z.t.ZZAR::rf1\ Ct1RLO 7-A7.1ARETTA MARGARET ANN 259SV!t.fYRD RRl PORTCO!.SORNEO){ 13KSV3
1981 fll\ElANE2 DANN COROTHY 79& FORES! A'Jf S.UFFALONY 1,1zo5
.1.98l ARF.l..'\i'\IE2 DANN COROiHY 1981AllEtANE'2 POil.TCO!.BORNE ON l3KSV3 Returned to Sender
1197 f!REL-'\NE 1 G!OlA RIOIARO E GIOIA ANNE PATRIO/I. 915 DELAWARE AVE !f7n !3Ur-FALO 112.[)9
t':tlf'IANE1 GIOIA IUCP.,\RD I> GIOIA ANNE PATR!CJ..'1,, lUl7FIREl.ArJEO1 P011.T C:O!.k:IP.."'IE Ol>J Returned to Sender
""'
l.AKESHORE RO f FRAMEJO!IN OOUGl.,e.S FMME S'ANCRA. C:u;ANOR 'P.O.BCX271 POITT' COLBOIUolE Qt>: t3!CSW1
1783 17<1 FIRE!.ANE2 WALSHJR[D\l',lf,f\D F MUNS<:HAUER CiMCE W 306 MfOOt.ESEX RO BUFFALO. tN US!'. 14216
1783 17!7 FIRElf..NE2 W,'\LSHJR. E'OWA.RD f OAACf. W 1783 FIREIANE 2 POITT COLBORNE ON t3KS'IJ Returned to Sender
1717 Fli\(Lf,NE; 7. CURTISS CULLEN ,'1,RLINGTOtJ MARGARET CURTISS C/O MARGARETWEAVER 1208 J..iOUNTAlN AIRE W.-..v
"'"' 1717 fl!l.ElANE 1 TIIOMAS M WEAVER 1717 AREIANE 2 PORTCOLBORNE ON l3KSV3 Returned to Sender
1253 i'IJl,ElANE 1 DANN FREDERICK GRAVES DANN W7.ABET!I MURR:..Y ll.5 AMSTERDAM AVE BUFFALO fl'{ 142!G
1253 fJRl:L.!..NE1 DANN FREDER1CK GRAVES DANN EllZ.!l.S'ETH MURRAY 1253 flR5tJ\NE 1 PORT ON l3K5V3
Returned to Sender
Ft1'.ElANE2 STEMERD!NX: DIANE STEMERDINK GARY 1G37 F!RELANE Z PORT COLBORNE, ON l31\:SV3
2085 FlRELANF. :!. HATCrt HARRYCUFFORD HATCH ROSALYN E!.lEN 2085 FlRE!ANE 2 RRl PORT COi.BORNE, ONT. l3K5V3
. WEAVER RO ": !J'.\M?MAN MATT" "" .. MIGELHi,NG. 94-s RD. .. roRTcbuIDRNE oN-1; -:13K'SV3 -..Returned toSc.>nder
2085 FIRaANE2 llATCH HAi!.i!.YCLJFFORD HATCH ROSALYN ELLEN 20BS FIRELANE2 RRl PORT COLBOftPIE, ONT. l3K5V3
'1< PINECREST RD COOPERGARYWAYNE COOPERVMANE CHllNTAl.LE 914 PINECREST RO RR1 PORT COLBORHf ON l3KSV3
41< PlNt::CRESTRD lAURt.. WIARIE RRl PINECREST RD PORT COLBORN ON UICSV3
2434 r1P.EL,".NE2 SMITH ':Jl/ES!..z:-Y SMITH MARJORY LEE RRl Zr.34. FIRElANE 2 ?ORT COLBORNE ON l3KSV3
2483 FIRHANE3 DAL.YNANCV 46GSTARIN/,'\:'E 8lJFFA1.0 NY USA l.:l21.6
24&3. FIRE!.AN!3 NANCY 24!13 FI!l.ElANE 3 PORT COLBORNE ON l3KSV3 Returnoi to Sender
MAr;boNALDiHI.
'.;
':,->.' ..
..
. . . '
c-oi RD MOORE RlCt<.A!l.O 115 llRUNS\'i.10:: AVE M55ZM4
502 ?iNECREST RO MOORE RICHARD 602 PirJECRST RD RR1 PORT COLBCRNE ON l3KSV3
2875 VIMYR!) 0\11.'tES DORIS B 4166 HEMTiiSTONE DR SARASOTA FL 3123.S
2875 V!MYRD DORIS U :?375VIMYRD l'ORTCOLBORNE L3KSV3
2!!l5 VJMYRD MC:'ER PETER EVA-LYN SAHS 794CEDA.R:AYRO POl'.TCOLBCRNE0/11
"'' 5V3
Returned to Sendc."r
2W1 VlMYRD DEMERY GEORG DEMERY RUTA 12 OAK LANE f'O BOX415 FONTHILLON LC-S lEC
53
2901 VIMYRO DEMERY GEOi\G1:
2895 RD MEYER r;TER
2839 VIMYRO PEFRANKSJOHN
2B39 VlMYflD DEFRANlCS JOHN
"'"
VIP..'iYRD RUSK :O:ZRRIE EUZt.fiETH
VlMVRO RUSI:: iG'.RRIE EUZABE"TU
Keim{ \\ill
Soutne(t1 t1po'3ll(e li'{c\rtip::in.itS
'01l k.i\\o.ll/ St<-e-c+ [a."c:.i-
lbd Co\\::c((ie ON L 3 \( .f2:5"5
DEMERYP.UTA 2901V1MYRD
MEYER SAHS 794 CEDAR BAY RD
D!OFRANKS O'tlfTWA l GROS\ltNOR RO
CYNTHIA
27B4VIMYRD
8107 MAIN ST
RRl
PO BOX !i7
?O!lTCOLBORNECN
PORT COi.BORNE CN
BUFFJ\LO NY US.'1
?ORTCOIBDi!.NECN
PCl:ITCCLBORNECN
NORTH 'GUSTA ON
!3KSV3
GK5\'3
14223
i.3K5'..!3
!3KSV3
:<CG !RO
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 By-
law 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, self-
contained 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 nm-
off. 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
mea, 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 giow 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
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.
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.
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
lindsayrlchardson@portcolbome.ca
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 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
Central Region
7th floor, Bldg. "D"
1201 Wilson Ave
Down.aview, ON, M3M lJS
Tel. 416-235-3527
Fax 416-235-4267
E-mail sonja.joknic@ontario.ca
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,
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 By-
law 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 denise.landry@niagararegion.ca
Denise
Denise Landry, RU.RPI
Planner - Policy
Planning and Development Services
Tel: 905 685 - 4225 ext. 3593
denise.landry@niagararegion.ca
N
ia. gara R .. e. gr' on-

------------------
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 BYLAW AMENDMENT
BYLAW NO. __ _
BEING A BYLAW TO AMEND ZONING BYLAW 1150197181, AS AMENDED, TO
ENCORPORATE REGULATIONS FOR MEDICAL MARIHUANA PRODUCTION
FACILITIES
WHEREAS Bylaw 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;
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':
"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.
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
structures
15m for dwellings
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)
15m for dwellings
structures
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.
Sensitive Land Use
(i) Planting Strip
0) Outside Storage Requirements
(I) Parking
7Sm
minimum size of 3ha
(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
Marihuana Production Facility abuts a sensitive
minimum width of 1.Sm, measured
Outside storage of goods, materials or other
largest shift
and nearby wells.
70
71
RU ZONE- RURAL
SECTION 26
26.1 SCOPE
Appendix 2
in all Rural (RU) Zones except as otherwise provided in Schedule "B" and "C".
26.2 USES PERMITIED
greenhouses.
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
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)
accessory thereto
structures
7.5m for dwellings
structures
15m for dwellings
structures
15m for dwellings
structures
72
(h) Maximum Height for a Dwelling Bm
(By-law 4915/140/06)
a Dwelling (By-law 1374/67/83) (ii)
Appendix 2
One Storey 75m2
Two Storey 45m2
BUILDINGS
Any permitted use in the Rural (RU) Zone, including any building used for the
(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
law 4915/140/06
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
Sensitive Land Use
minimum size of 3ha
(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
(k) Visible Nighttime Lighting Where a building or structure consists of more
(I) Parking 1 parking space for every employee on the
largest shift.
(m) Servicing Requirements Servicing for the facility shall be designed by a
and nearby wells.
74
EP ZONE - ENVIRONMENTAL PROTECTION
SECTION 29
29.1 SCOPE
Appendix 3
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.
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.
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)
lindsayrichardson@oortcolbome.ca
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 ycU 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 sonja.joknic@ontario.ca
Web www.mto.gov.on.ca/english/engineering/management/corridor/index.html
81
Fro1n: Landrv. Denise
To:
Cc:
Lindsay Richardson f!indsayrichardson@portcolborne.ca)
Gray. Teresa
Subject: Zoning Bylaw Amendment Medical Marihuana Grow and Production Facilities Comments
03/12/2014111:45 AM Date:
Hi Lindsay,
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 By-
law 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 denise.landry@niagararegion.ca
Denise
Denise Landry, B.U.RPI
Planner - Policy
Planning and Development Services
Tel: 905 685 - 4225 ext. 3593
denise.landry@niagararegion.ca
------ . '"'1' '-il!"L

82
"
. Distroct School Board 01 ..
Achieving Success Together
Cfl
0
191 Carlton Slroot, St. Catharlnes, Ontario L2R (905) G4H550 Fax: (905Hl81i-8511
Lindsay Richardson
66 Charlotte Street
Port Colborne, ON L3K 6C8
Dear Ms. Richardson:
,
RECEIVED
MAR Z 7 2014
& 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 ]plrsonl@talkwlreless.ca
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 otganization 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 agricult111e 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
(604) 662"3908 PAX: (604) 662"3571
ll-Mi\IL: MDWOR@ONSBC.COM
March 24
1
h, 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:
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.
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 huge, 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?
88
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.

Port Colborne, ON L3K 5V3
. :: .
Contact info: 905-835-2055; fscoJt1,;t'1.@zmail.cQ.fi
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 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
91
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.
92
Fron1:
To:
Cc:
Subject:
Date:
Charles Groom
rona.ambrose@parl.qc.ca: marvanne.firth@sunmedla.ca: malcolm.allen@oarl.qc.ca
' 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.
93
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
.. R; .6 }\ "(
.Fl1<,\,':J_J\ f0
?ol\'t 6Dh0RiVlS . o/\J
....... - .... -.. .. .. ..... - . .. . . . ... J .
. . -' ........ - y '3>.. .
...........
'APR :.12014
st:RVIOEB
. ........ .
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
Page2
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: <cjasek@netscape.ca>
To: <yvondoucet@portcolborne.ca>, <angledesmarais@portcolborne.ca>,
<barbarabutters@portcolborne.ca>, <beakenny@portcolborne.ca>,
<blllsteele@portcolborne.ca>, <danaqulllna@portcolborne.ca>,
<daveelllott@portcolborne.ca>, <frankdanch@portcolborne.ca>, <mayor@portcolborne.ca >,
<ronbodner@portcolborne.ca >,
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
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 <dcuttlng@carttera.com>
To: "danaqulllna@portcolborne.ca" <danaqullina@portcolborne.ca >,
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
Poti Colbome Ontario L3K 3CK
Subject: Input for Public Meeting
The following is provided for input to the Public Meeting for the Proposed Zoning By-
law 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, self-
contained 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 giow operations require substantial amoimts of water and fertilizer,
strong consideration should be given to pre-plmming for waste water and fertilizer nm-
off. 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 giower should be required to
retain its copy of that repo1t for the duration of that giow operation. Follow-up samples
should be required, again at the marijuana giower'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 standmds 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 nual 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
105
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
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.
106
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: cjasek@netscape.ca
Sent: Sunday, April 6, 2014 12:01 PM
To: yvondoucet@portcolborne.ca; ronbodner@portcolborne.ca; mayor@portcolborne.ca;
frankdanch@portcolborne.ca; daveelliott@portcolborne.ca; danaquilina@portcolborne.ca;
bi!Jsteele@portcolborne.ca; beakenny@portcolborne.ca; barbarabutters@portcolborne.ca;
angiedesmarais@portcolborne.ca
Reply To: cjasek@netscape.ca
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 __ "
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
108
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
<dandsedwards@xploroet.ca >
Date: March 31, 2014 at 7:13:46 AM EDT
To: Dan Aquilina <danaquilina@portcolborne ca>, Lindsay
Richardson <lindsayrichardson@portcolborne.ca>, Ron
Bodner <ronbodner@portcolborne.ca>, Heather Mahon
<heathermahon@portcolborne.ca>, Bill Steele
<billsteele@portcolborne.ca>, David Barrick
<davidbarrick@portcolborne.ca>, Dave Elliott
<dayeelliott@portcolborne.ca>, Frank Danch
<frankdanch@portcolborne.ca>, Barbara Butters
<barbarab11tters@portcolborne.ca>
1
Angie Desmarais
<angiedesmarais@portcolborne.ca>, Bea Kenny
<beakenny@portcolborne.ca>,Yvon Doucet
<yvondoucet@portcolborne.ca>, Vance Badawey
<mayor@portcolborne.ca>
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 <nancykevinpc@gmail.com>
Sent: Friday, April 4, 2014 5:59 PM
To: themayor@portcoiborne.ca; Ron Bodner; beakenny; barbarabutters@portcolborne.ca; daveelliott;
yvondoucet; billsteele; Angie Desmarais; bobheil@portcolborne.ca; danaguilino@portcolborne.ca; 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,
rfkoak@aol.com
lindsayrichardson@portcolborne.ca
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 19@ru1ail.com>
Date: April 7, 2014at1:04:17 PM EDT
To: "vancebaclawey@po1tcolbome.ca"
<vancebadawey@po1tcolbome.ca>,''ashleygrigg" <ashleygrigg@p01tcolbome.ca>,
"billsteele" <billsteele@p01tcolbome.ca>, "claveelliott"
<claveelliott@p01tcolbome.ca>, "angiedesmarais"
<angieclesmarais@pmtcolbome.ca>,"yvondoucet" <YYoncloucet@portcolbome.ca>,
''frankclanch" <frankdanch@p01tcolbome.ca>,"beakenny''
<beakenny@po1tcolbome.ca>, "barbarabutters@portcolbome.ca"
<barbara butters@pmtcolbome.ca>,"ronbodner@po1tcolbo111e.ca"
<ronboclner@p01tcolbo111e.ca>
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.
(a) APPLICATION FOR ZONING BYLAW AMENDMENT
Department of Planning & Development, Report No. 201420 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;
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 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;
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".
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;
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 BYLAW 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
CARRIED.
124
Vance M. Badawey Ashley Grigg
MAYOR CITY CLERK
125
Appendix E
DRAFT ZONING BYLAW AMENDMENT
BYLAW NO. __ _
BEING A BYLAW TO AMEND ZONING BYLAW 1150197181, AS AMENDED, TO
INCORPORATE THE REQUIREMENT FOR SITE PLAN CONTROL FOR MEDICAL
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;
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 ":
"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.
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
in all Agricultural (A) Zones except as otherwise provided in Schedule "B" and "C".
25.2 USES PERMITTED
greenhouses.
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)
accessory thereto
structures
7 .Sm for dwellings
structures
15m for dwellings
structures
128
(g) Minimum Rear Yard (i)
(ii)
(h) Maximum Height for a Dwelling 11 m
(By-Jaw 4915/140/06)
a Dwelling (By-Jaw 1374/67/83) (ii)
Appendix 1
15m for dwellings
structures
One Storey
Two Storey
75m2
45m2
BUILDINGS
Any permitted use in the Agricultural (A) Zone, including any building used for the
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
(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
law 4915/140/06
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.
Sensitive Land Use
(i) Planting Strip
U) Outside Storage Requirements
(I) Parking
7Sm
minimum size of 3ha
(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
Outside storage of goods, materials or other
largest shift
and nearby wells.
130
RU ZONE - RURAL
SECTION 26
26.1 SCOPE
Appendix 2
in all Rural (RU) Zones except as otherwise provided in Schedule "B" and "C".
26.2 USES PERMITTED
greenhouses.
(b) One single detached dwelling on one Jot, and uses, buildings and structures
thereto.
(e) Farm machinery sales and service establishments.
(f) Medical Marihuana Production Facility.
26.3 ZONE REQUIREMENTS EXCEPT FOR FARM PRODUCE STANDS AND MEDICAL
( 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
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)
accessory thereto
structures
7 .5m for dwellings
structures
15m for dwellings
structures
15m for dwellings
structures
131
(h) Maximum Height for a Dwelling 8m
(By-law 4915/140/06)
a Dwelling (By-law 1374/67/83) (ii)
Appendix 2
One Storey 75m2
Two Storey 45m2
BUILDINGS
Any permitted use in the Rural (RU) Zone, including any building used for the
(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
law 4915/140/06
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
minimum width of 1.5m, measured
(k) Visible Nighttime Lighting Where a building or structure consists of more
(I) Parking 1 parking space for every employee on the
largest shift.
(m) Servicing Requirements Servicing for the facility shall be designed by a
and nearby wells.
133
Appendix F
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;
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;
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
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.
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;
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.
2. That the Council of the City of Port Colborne authorize the Clerk to prepare and
execute an Agreement with the Welland & District SPCA.
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
Page 5 of 5
145
146
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 m
2
(5,000 ft
2
) 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 ft
2
'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
Reviewed by:
c)cu<"-' d6?ta. c ,;/(___;
Joanne Ferraccioli,
Health Services Coordinator
Reviewed and Respectfully
Submitted:

149
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
danaqullina@portcolborne.ca, should you have any questions.
Sincerely,
cc. D. Aquilina, Director of Planning & Development i/
Telephone: 905-835-2900 E-mall: ashleygrlgg@portcolborne.ca Fax:905-834-5746
150
From:
To:
Cc:
Date:
Subject:
Linda Lyrctte <Hyretle@yaboo.com>
ashlcygrigg@portcolbornc.ca,
cityclerk@portcolborne.ca
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 p r ~ j e t (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
Port Colborne, ON L3K 5V7
{905) 835-0000
February 26, 2014
Mayor Vance Badawey and Council
66 Charlotte St
Dear Mr. Badawey and Council,
lfr"..;c 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 JoanneFerraccioli.)
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:
~ f ~
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 decision-
making 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: brenda.beaudoln@ontario.ca
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
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
( ~
t?ontario
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:
dar1enesuddard@portcolbome.ca
Environmental Compliance Supervisor
ORO
(905) 835-5079
dougcressey@portcolbome.ca
Utilities Supervisor
Niagara Public Health Unit
(905) 688-3762
glen.hudgin@niagararegion.ca
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
bwright@npca.ca
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
Date of Inspection: 04/0212014 (dd/mm/yyyy)
Page 2 of9
162
f')r-.:
t?ontario
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
Date of Inspection: 04/0212014 (ddlmm/yyyy)
Sub Type:
Page 3 of9
163
r')h
t?ontario
Ministry of t he Environment
Inspection Report
INSPECTION SUMMARY
INTRODUCTION
The primary focus of this inspection i s to confirm compliance with Ministry of the
Environment legislation and authorizing documents such as Orders and Certificates of
Approval, as well as evaluati ng conformance with Mi nistry drinki ng 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 inspecti on 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 compli ance with the requirement to prepare Form 1
documents as required by thei r Drinking Water Works Permit during the inspection period.
There were two (2) Form 1 document s 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 Schedul e 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 disi nfectant 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
Date of Inspection: 04/0212014 (dd/mm/yyyy)
Page 4 of 9
164
. . ~
t?ontario
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 disinfect ed in accordance with
Schedul e 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
di stribution 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
Li cence 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 drinki ng-
water system.
WATER QUALITY MONITORING
* All mi crobiological water quality monitoring requi rements 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
Page 5 of 9
165
~
t?ontario
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 requi rements. 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 conditi ons,
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.
Site #: 260001643
PORT COL.BORNE DISTRIBUTION SYSTEM
Page 6 of 9
166
r'):-::
t?ontario
Inspection Report
NON-COMPLIANCE WITH REGULATORY REQUIREMENTS AND ACTIONS REQUIRED
This section provides a summary of all non-compliance with regulatory requirements identified duri ng 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
Site #: 260001643
Date of Inspection: 04/0212014 (dd/mmfyyyy)
Page 7 of9
167
r ~
t?ontario
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
i nterest of continuous improvement in the interim, it is recommended that owners and operators develop an
awareness of the followi ng i ssues and consider measures to address them.
Not Applicable
Report Generated for beaudobr on 13/0312014 (dd/mrn/yyyy)
Site#: 260001643
Date of Inspection: 04/0212014 (dd/mmlyyyy)
Page 8 of9
168

t
">
r Ontario
Inspection Report
SIGNATURES
Inspected By: Signature: (Provincial Officer):
Brenda Beaudoin
Reviewed & Approved By: Signa ure: (Supervisor):
Dino Masiero
l4
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
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 Ont aiio
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 picemail.moe@ontario.ca.
f:llr:l1lrM'' I [I] >'U>' llJ,', ~ :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 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 mez des questions ou besoin
le Centre d'information du public au 1 800 565-1923 d'aide.

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
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 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 procedmes 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 senes 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 tluough 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 rue 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
spection 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 ~ I R W S inspection, an The risk ratings of all non-compliant answers are
ornrall 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 rat-
published 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
> 9 ~ 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 100.0010 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 4 ~ M A R 1 4 (Inspection m: 1-AOOBO).
179
180
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 By-
law.
8) SIGNATURES
Prepared on March 31
5
\ 2014:

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 BYLAW 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
11
A" 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 14
1

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
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
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 }
}
)
)
)
)
)
)
)
)
}
}
)
)
)
THE CORPORATION OF THE
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,
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,
Community Services - Roselawn Centre
296 Fielden Avenue
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: allainakane@portcolborne.ca 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.
crry 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
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
'7lIEREA.c:l it is desired to aw.end the aforesaid lease to give
effect to the provisiohs of this agreement.
THP.REFORE THIS AGREEMENT WITNERSETH that in consideration of
the mutual covenants and agreements herein set forth, the lease
he tween the arties 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'. no
per annum:
(b) to permit the Lassoe to levy a reasonable
admission charqe, in an amount 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 PORT :z I, l\N!\
r:7 /
. ,),_.-"' AO ' ) ... ,,.. -; , .....
per . .{ .c.1/ le ....
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
... 1'9'77' Council indicated its 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
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
198
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 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 campinglparking
be permitted at H.H. Knoll Park, Thursday, June 19, 2014 starting at 12:00 PM.
8) SIGNATURES

Reviewed by:
/ - I ./:(
'------,/ .... -../ ,.fc..-/
Gina Murdoch,
Event Coordinator, MYAC
Liaison
Reviewed by:
..
.. ..,
.,;:.-:. .... ..
Peter Senese,
Director of Corporate and Community
Services
203
c
\
444 Site Plan 2014 Proposed
Region
J..:11:01 4 oo; t tt5 II (",ll(CJl4.f-.3 1111/IT! .ll A:i rac.11ifttlTl:!>I 1','.E$ :It: N.t1 1l ;?:lll'l '\..(ll:;I l lOT..lo
Pt,.lJi 1.'t'SUit\'!: o .. R 1i l IMJ'i-.ol.Ul l...... .. 'i M: t."fl':;4..1\Ut.'.l:.'lU!Y
grs.@n1aganrag: io11.ca
Printed: Apr 03. 20 11
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: communityservices@portcolborne.ca
205
PORT COLBORNE & 01srRICT CONSERVATION CLUB
P.O. BOX 444, PORT COLBORNE, ONTARIO,
RV Parking Rules
At HH Knoll Park
For
2014 22st Annual 444 International WalleyeTournament
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:
'brendaheidebrecht@portcolborne.ca'
03/20/14 09:54 PM
Cc:
"'annettemolenaar@portcolborne.ca'"
Hide Details
From: John Veselisin <jveselisin@orkincanada.com>
Page 1 of 1
To: "'brendaheidebrecht@portcolborne.ca'" <brendaheidebrecht@portcolborne.ca>,
Cc: "'annettemolenaar@portcolborne.ca'" <annettemolenaar@portcolborne.ca>
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
210
From:
To:
Cc:
Date:
Subject:
rosemary armstrong <rosemarymarmstrong@gmail.com>
........... 1 -"
F
' 1 _\ -m)
"' ''
MAR 2 0 2014
CORPOf'J;.1>: :'""'

i"i f.fl
Mayor Vance Badawey <mayor@portcolborne.ca>, nancygiles@portcolborne.ca
carriemcintosh@portcolborne.ca, daveelliott@portcolborne.ca, billsteele@portcolborne.ca,
angiedesmarais@portcolborne.ca, yvondoucet@portcolborne.ca, beakenny@portcolborne.ca,
frankdanch@portcolborne.ca, ronbodner@portcolborne.ca, "barbarabutters@portcolborne.ca"
<barbarabutters@portcolborne.ca>, david. barrick@niagararegion.ca, tourism@portcolborne.ca,
danaquilina@portcolborne.ca, bobheil@portcolborne.ca
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 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
212
!fiF'filf IJJL
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,
Telephone: 905-685-4225 Toll-free: 1-800-263-721
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,

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
May 28, 2013
TSSC-C 32-2013 Escarpment Crossing Study Class Environmental Assessment Status
Update
April 16, 2013
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
PW312014
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 11
'1"&ll"i''.' "' .. 1. > ... -- ;, ::
''"-
- - --
.. --
!. "" , ..,.,"
- - i
' .
L.;, ,_ ... -... ,
.2%.
Origins and Destinations of Truck Traffic - Grimsby
Travel with Town ofGrimsby
as Origin.

. ( - ./
. ,..--
/,\ \1 !'. .. ,:\":1 :
__;_ :-.-.. _ I - i
PW31-2014
March 4, 2014
_ tni<MBllri<l'fil
hoon91\ T<>,.nJI
.
- Emn..111,,w-I
Oul'f>/Tq,...,
s l i\- . i \
.: .... f'\ .. .. .. . .
I . j"'
I
" .
. ,
8
221
Origins and Destinations of Truck Traffic - Lincoln
Travel with Town of Lincoln
as Origin
)
-: ...
..
.'.'._ 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

Tu<l.11V

-F.>10<11,'i!Trrwitl
Ou!-c>!TU/1'11
l.'>!i'li.d.

-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
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
".< - ~
~ )
:=')
,_
i.
.
i ,:
.:o
4
226
#Y.l
Niagara 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: 905-687-4977
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,

/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 Type FundingAppHE!d Pl-eject
.
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 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 (PortageRoad to Stanley Design $15,600 Design of sewer separation,. new storm sewer.
Avenue)
Niagara Falls Fifth Avenue Sewer Separation (Bridgestreet 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 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
Appendix 1
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 Plan Update Study Study $100,000 Updating the Pollution Prevention Control Plan.
Flow and Modelling.
NOTL Phase !-Garrison Vlllage Pumping Station Drainage Area Study $61,000 An 1/1 study.
..
.-;:
CSO Reduction Project
: . . .
231
Appendix 1
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
234
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
"
1
JkPORATE 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
of Ontario

Ontario
de !'Ontario
Welland
Hon. David Orazietti, MPP Ministry of Natural Resources
Suite 6630, 6
1
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 10
1
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.
Tel. (905) 732-6884 Fax (905) 732-9782
236
of Ontario

Ontario
de !'Ontario
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
Tel. (905) 732-6884 Fax (905) 732-9782
237
of Ontario

Ontario
de !'Ontario
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
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
3. That the City Clerk undertakes the appropriate application process through
advertising for such Committee positions as per the amended Terms of
Reference.
Sincere Regards,
Harry S. Hakim, BPHE. McMM
Tel. 905-834-1668
E-mail harrvhakim@portcolborne.ca
2
240
Dear Sir / Madam:
City of Port .Colborne
RECEIVE()
APR -7 2014
CORPORATE:
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" <Natasha.Devos@niagararegion.ca>
11
Devos, Natasha
11
<Natasha.Devos@niagararegion.ca>,
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
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
-,:
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
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 2 1 ~
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
r:/-
re: , - 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
66 Charlotte Street
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
66 Charlotte Street
Dear Ms. Grigg,
8Pelham
NIAGARA
Vibrant Creative Caring
At their regular meeting of March l 7
1
h, 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. 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

,.,, 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
..... J
PORT COLBORNE
Municipal Offices
66 Charlotte Street
L3K 3C8
www.portcolborne.ca
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
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: ashleygrigg@portcolborne.ca Fax: 905-834-5 7 46
248
Township of Wainfleet
)/'Wain(feet - (inlyour country
of Port Colborn<>
RECJ:::T\'fEP
MAR 31 20\4
Ashley Grigg, City Clerk
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 18
1
h,
2014. Please be advised that Council for the Township of Wainfleet, at its meeting held
on March 25
1
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 10
1
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
250
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: stephen.haroer@parl.gc.ca
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.
01c_
}Ke$ AM.C.T.,
Town Clerk
ckett@forterie.on.ca
CJK/dlk
c.c. The Honourable Kathleen Wynne, Premier of Ontario Sent via email: premier@ontario.ca
The Honourable Leona Aglukkaq, Minister of the Environment Sent via email: leona.aglukkaq@parl.gc.ca
A. Grigg, City Clerk, City of Port Colborne Sent via email: ashleyqrigg@portcolborne.ca
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
252
April 3, 2014
66 Charlotte Street
Attention:
Ashley Grigg, City Clerk
Dear Ms. Grigg:
City of Port Colbome
q IF.:CEIVED
APR -8 2 1 ~
" .. 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.t11111old.c11n1
Tel: 91l5-227-ll613
253
254
Office of the
Prime Minister
Cabinet du
Premier ministre
Ottawa, Canada K1A OA2
Ashley Grigg
City Clerk
March 26, 2014
Community & Corporate Services Department
Municipal Offices
66 Charlotte Street
L3K 3C8
Dear Ashley Grigg:
.. , 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
256
Queen's Park
Toronto, Ontario
March 5, 2014
Ashley Grigg
City Clerk
66 Charlotte Street
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: randy.pettapiececo@pc.ola.org
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 <hsoady-easton@grimsby.ca>
RECEIVED
APR08 2014
COl>-PORATE SERVICES
DEPARTMENT
"Ashley Grigg (ashleygrigg@portcolborne.ca) (ashleygrigg@portcolborne.ca)"
<ashleygrigg@portcolborne.ca>,
"'tim.hudakco@pc.ola.org"' <tim.hudakco@pc.ola.org>, "Devos, Natasha
(Natasha.Devos@niagararegion.ca)" <Natasha.Devos@niagararegion.ca>, 'Christine Raby'
<christine.raby@welland.ca>, '"Bonnie Nistico-Dunk (bdunk@stcatharines.ca)"'
<bdunk@stcatharines.ca>, "'Susan Daniels (susan@thorold.com)"' <susan@thorold.com>, William
Kolasa' <wkolasa@lincoln.ca>, '"Carolyn Kett (ckett@town.forterie.on.ca)"'
<ckett@town.forterie.on.ca>, "'Dean lorfida (diorfida@niagarafalls.ca)'" <diorfida@niagarafalls.ca>,
'Carolyn Langley' <carolynlangley@westlincoln.com>, "'sduncan@wainfleet.ca"'
<sduncan@wainfleet.ca>, "'Holly Dowd (hdowd@notl.org)"' <hdowd@notl.org>,
"'dean.allison@parl.gc.ca"' <dean.allison@parl.gc.ca>, "'premier@ontario.ca"'
<premier@ontario.ca>, "'csousa.mpp.co@liberal.ola.org"' <csousa.mpp.co@liberal.ola.org>
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 liability- support 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 l ~ r k
Town of Grimsby
liability.pd!
259
I
.. 4,, .... :.f
?l' \
""
PORT COLBORNE
Municipal Offices
66 Charlotte Street
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
DBP'r.
------
Re: Request for Support Calling on the Government to Reform Joint and Several Liability-
Support of the "Combined Model"
Please be advised that, at its meeting of March 24, 2014, the Council of The Corporation of the
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: ashleygrigg@portcolborne.ca 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
/Local Area Municipalities
Region of Niagara
Telephone: 905-835-2900
E-mail: ashleygrigg@portcolborne.ca Fax: 905-834-57 46
261
262
From:
To:
Cc:
Date:
Subject:
Hazel Soady-Easton <hsoady-easton@grimsby.ca>
City OT Y-(.>1
RECEIVED
MAR 3\ 2014
( SERVICES
DEPARTMENT
"Ashley Grigg (ashleygrigg@portcolborne.ca) (ashleygrigg@portcolborne.ca)"
<ashleygrigg@portcolborne.ca>,
"tim.hudakco@pc.ola.org" <tim.hudakco@pc.ola.org>, "Janet Pilon Oanet.pilon@niagararegion.ca)"
<janet.pilon@niagararegion.ca>, "Christine Raby" <christine.raby@welland.ca>, "Bonnie Nistico-
Dunk (bdunk@stcatharines.ca)" <bdunk@stcatharines.ca>, "Susan Daniels (susan@thorold.com)"
<susan@thorold.com>, William Kolasa <wkolasa@lincoln.ca>, "Carolyn Kett
(ckett@town.forterie.on.ca)" <ckett@town.forterie.on.ca>, "Dean lorfida (diorfida@niagarafalls.ca)"
<diorfida@niagarafalls.ca>, Carolyn Langley <carolynlangley@westlincoln.com>,
"sduncan@wainfleet.ca" <sduncan@wainfleet.ca>,"Holly Dowd (hdowd@notl.org)"
<hdowd@notl.org>, "dean.allison@parl.gc.ca" <dean.allison@parl.gc.ca>, "'premier@ontario.ca"'
<premier@ontario.ca>, "'csousa.mpp.co@liberal.ola.org"' <csousa.mpp.co@liberal.ola.org>
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
DEPT. 66 Charlotte Street

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
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: ashleygrigg@portcolborne.ca 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
The Region of Niagara
Area Municipalities

Telephone: 905-835-2900 Email: ashleygrigg@portcolborne.ca
page 2
Fax: 905-834-5746
265
266
From:
To:
Date:
Subject:
City of Port Colbor' "
i
APR -2 2014
CORPORA H:. Sr:t\V, .. c.:.
AMO Communications <communicate@amo.on.ca> DEPARTMEN"I
"ashleygrigg@portcol borne .ca" <ash leyg rigg@portcolborne.ca>,
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, creid@amo.on.ca, 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. 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
Cogeco TV.
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
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
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
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.
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,
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,
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 this third Combined Model as described by the
Association of Municipalities of Ontario's (AMO's) March 4, 2014
policy update;
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:
272
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.
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.
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
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.
(a) Minutes of the Seventh Meeting (Regular) of Committee of the Whole,
March 10, 2014
274
Moved by Councillor R. Bodner
(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
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.
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;
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 by-
law amendment for the Terms of Reference, as amended,
for Council approval.
275
Minutes, Eighth Meeting (Regular) of Committee of the Whole, March 24, 2014
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.
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".
Council's decision.
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.
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
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:
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
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
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
funding sources.
CARRIED.
13. NOTICES OF MOTION
Nil.
14. MOTION TO ADJOURN
AG/dd
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
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:
P. Senese, Director of Community & Corporate Services
A Grigg, City Clerk
Cogeco TV.
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:
Division, Report No. 2014-13, Subject: Future Debt Funded Capital
Projects and Debt Capacity
Moved by Councillor W. Steele
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
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
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 Proj ects $5,208,576
(rate supported)
TOTAL CAPITAL ESTIMATES= $234,031,018
Summary of "Criti cal 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
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
Hi storical Replacement
Cost Cost
Watermains $2, 166, 105 $18,44 7 '790
Wastewater main $33, 795 $361,215
TOTAL RATE

SUPPORTED CAPITAL
4/1/2014
3
283
...... 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
Based on Depreciation >= 80%
torm ewer ep acement osts as at
nn OP.nrP.d:::ilinn >;; AOOk
ani ary ewer ep acemen os s as a
Based on Depreciation >= 80%
4/ 1/ 2014
5
285
Water Replacement Costs as at December 31, 2012
Based on Age Wi thin a Lifecycle
Based on Deoreclation >;: 80%
c..Mo t 1t,ffl ,Sl1M("-I-----,
... 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
Debenture -
Marina Fuel Tanks tl0=""4.09% $5 B1Elooerations-2015
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
Debenture - 18
Fire Ennine 2 renlacement $31 ON lrax lew2021
4/1/2014
6
286
Summary of "Critical Capital"
Bridges & Culverts
Buildings
Sidewalks & Curbs
Land Improvements
Library - Office Computer
Library - F & F
Machinery & Equipment
Office Equipment
Guide Rails
Roads
Histori cal 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"
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
290
PORT COLBORNE
REGULAR COUNCIL MEETING AGENDA
following Committee of the Whole Meeting
CALL MEETING TO ORDER Mayor Vance Badawey
2. CONFIRMATION OF AGENDA
(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 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
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;

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

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;

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, 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.
293
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
Services, Report No. 2104-12, Subject:
Lease of Site A
Report No. 2014-4, Subject: Nickel Beach
Lease Agreement between the City of Port
Colborne and Vale
Report No. 2014-5, Subject: 22"' Annual 444
International Walleye Tournament and 2
11
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.
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.
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
April 14, 2014
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 b y ~ l w 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),
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
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
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 That the week of April 28
1
h to May 4
111
, 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
Regular Council Meeting Agenda April 14, 2014
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
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
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
Regular Council Meeting Agenda April 14, 2014
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
April 14, 2014
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
298
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
ATTENDANCE
COUNCILLORS
D. Elliott
A. Desmarais
F. Danch
R. Bodner
Y. Doucet
B. Kenny
B. Butters
Absent: W. Steele
REGIONAL COUNCILLOR
D. Barrick
M. Bendia, Fire Prevention Officer
G. Murdoch, Events Coordinator, MYAC and Senior Citizen Advisory Council
D. D'lnnocenzo, Licensing Clerk
H. Mahon, Recording Clerk
Cogeco TV.
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.
That the agenda of the Special Meeting of Council of March 24, 2014 be
confirmed as circulated.
CARRIED.
299
Minutes, Sixth Meeting (Special) of Council, March 24, 2014
Page 2of10
Nil.
(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.
300
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.
301
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;
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 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;
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".
302
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
(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.
303
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:
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;
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.
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
304
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.
305
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.
307
Minutes, Sixth Meeting (Special) of Council, March 24, 2014
6. ADJOURN
Page 10 of 10
That there being no further business, special meeting of Council be adjourned at
CARRIED.
Vance M. Badawey
MAYOR
Ashley Grigg
CITY CLERK
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: MDWOR@ONSBC.COM
March 24
1
h, 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:
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.
309
Letter re Proposed Zoning By-Law Amendment- Medical Marijuana Production Facility
March 24
11
', 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?
310
Letter re Proposed Zoning By-Law Amendment -Medical Marijuana Production Facility
Marcil 24
11
', 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
311
312
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
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:
G. Murdoch, Events Coordinator. MYAC and Senior Citizen Advisory Council
D. D'lnnocenzo, Recording Clerk
Cogeco TV.
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 by-
laws were renumbered to suit.
That the agenda dated March 24, 2014 be confirmed, as amended.
CARRIED.
Nil.
313
Minutes, Seventh Meeting (Regular) of Council, March 24, 2014
Page 2 of 8
(a) Minutes of the Fifth Meeting (Regular) of Council of March 10, 2014
No. 54 Moved by Councillor R. Bodner
(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.
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
314
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.
Recommended Consultant for the Completion of the 2014
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.
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.
Council's decision.
Niagara Lakefront Enhancement Strategy
Council resolved:
1. That Council endorse the Niagara Lakefront Enhancement
Strategy attached hereto as "Appendix A".
Council's decision.
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.
Report No. 2014-11, Subject: Port Colborne Distribution System
Annual Summary Report
Council resolved:
315
Minutes, Seventh Meeting (Regular) of Council, March 24, 2014 Page 4 of 8
That Council accept Report 2014-11, Port Colborne Distribution
System Annual Summary Report, prepared in accordance with
Ontario Regulation 170103, for information.
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,
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:
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
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
informing the City that the project will not be funded, be received
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
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,
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
Minutes, Seventh Meeting (Regular) of Council, March 24, 2014
Page 6 of 8
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;
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 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;
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;
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;
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.
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.
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
Nil.
8, PROCLAMATIONS
Nil.
9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES
(a) Minutes of the Environmental Advisory Committee Meeting of
January 8, 2014
(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
319
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
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
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
That there being no further business,
CARRIED.
Vance M. Badawey
MAYOR
the Council meeting be adjourned at
Ashley Grigg
CITY CLERK
320
Cit"y (_'-:'
,- _r' _.,-- ::-':_:: ;:)
MAR 2
1
1 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
RECEIVED
APR -7 2014
CORPORATE SERVlC' :'
PORT COLBORNE GATEWAY BUSINESS IMPROVEMENT AREJ!.EPARTMf.Nr
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'
\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
328
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
Page I 2
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.
Moved by
Seconded by
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.
Moved by
Seconded by
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.
Moved by
Seconded by
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.
Page I 4
332
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.
Moved by
Seconded by
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.
Moved by
Seconded by
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.
Page I 5
333
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.
Moved by
Seconded by
Michelle Mason
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
Moved by
Seconded by
Gary Gaverluk
Page I 6
334
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.
Moved by
Seconded by
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
Moved by
Seconded by
Donna Taylor
Gary Gaverluk
THAT the meeting be adjourned at 8:45 p.m.
CARRIED
Page I 7
335
I
I
I
I
336

Port Colborne Council Agenda April 14

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Port Colborne Council Agenda April 14

Uploaded by

Copyright:

Available Formats

PORT COLBORNE

CALL MEETING TO ORDER

426 PINECREST RD Ril1 r>OR.T COLBORN( ON l3K SV3

You might also like