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06/23/2020
City of Niagara Falls Agenda Tuesday, June 23, 2020 @1:00 PM Due to the COVID-19 and the Closure of City Hall, all electronic meetings can be viewed on this page, the City of Niagara Falls You Tube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. IN CAMERA SESSION OF COUNCIL - 12:00 PM 1.1. Resolution to go In-Camera (Resolution updated) June 23 - Resolution to go In-Camera 13 2. CALL TO ORDER O Canada - Performed by: Keaton Tye (piano player), Aidan Tye, Isak Caverson and Grace Caverson 3. ADOPTION OF MINUTES 3.1. Minutes - City Council - 02 Jun 2020 14 - 28 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. PRESENTATIONS 6.1. Transit Update (Updated presentation) Carla Stout, Manager of Transit Operations, will provide a Transit Recovery Presentation to Council. 29 - 46 Page 1 of 398 Council - Transit Recovery Presentation 23JUN2020 V7 6.2. Mayor's Youth Advisory Committee MYAC has provided Council with a year-end update as detailed in memo attached. Jim Mitchinson Scholarship Award Via a pre-recorded video, Shreeya Patel, Waheebah Ahmed, Co -Chairs of MYAC and Waahibah Ahmed, Vice-Chair of MYAC will make a cheque presentation to Pranav Parakh from AN Myer, the scholarship recipient. memo 2020 myac year end memorandum Memo 2020 Jim Mitchinson scholarship recipient (1) 47 - 52 7. PLANNING MATTERS 7.1. PBD-2020-25 (Resident Comments and presentation added) AM-2019-024, Zoning By-law Amendment Application 6622 and 6660 McLeod Road Proposal: Four, 3 Storey Apartment Buildings with a Total of 60 Units Applicant: M5V Inc. (Sherard McQueen) PBD-2020-25, AM-2019-024, 6622 and 6660 McLeod Road, Zoning By- law Amendment Presentation -AM-024 M5V Inc Open House AM-2019-024, Comments from Resident (R) 53 - 74 7.2. PBD-2020-30 (Resident comments and presentation added) AM-2019-026, Zoning By-law Amendment Application 5906, 5916 and 5928-5930 Dunn Street Proposal: 6 Storey, 102 Unit Apartment Building Applicant: 2708414 Ontario Inc. (Harinder Gahir) Agent: Emilio Raimondo, Raimondo and Associates Architects PBD-2020-30, AM-2019-026, 5906, 5916 and 5928-5930 Dunn Street, Zoning By-law Amendment 75 - 93 Page 2 of 398 Presentation -AM-026, 5906, 5916 and 5928-30 Dunn St ZBLA Comments from resident re-AM-2019-026 7.3. PBD-2020-26 (opposition letters added) AM-2019-025, Zoning By-law Amendment Application 5933-5939 and 5975 McLeod Road Proposal: 7 Storey, 104 Unit Apartment Building Applicant: PES Holding Inc. (Preston Shorey) Agent: Michael Allen, ACK Architects PBD-2020-26, AM-2019-025, 5933-5939 and 5975 McLeod Road, Zoning By-law Amendment Presentation -AM-025 5933-39, 5975 McLeod Road Presentation (Applicant)-AM-2019-025 5975 McLeod Road Zoning Opposition - City File AM-2019-025 (R) AM-2019-025 - Resident opposition 94 - 136 7.4. PBD-2020-36 (Presentation added) AM-2020-004, Zoning By-law Amendment Application 4189 Stanley Avenue and 5507 and 5513 Fraser Avenue Proposal: Use of Existing Building for a Place of Worship Applicant: Jason Brouwer, Brouwer Architecture (on behalf of Wellandport URC Missions) PBD-2020-36, AM-2020-004, 4189 Stanley Ave, 5507 and 5513 Fraser Ave, Zoning By-law Amendment Presentation-AM-004, 4189 Stanley ZBLA 137 - 152 7.5. PBD-2020-38 (Presentation added) AM-2020-002, Zoning By-law Amendment 5339-5341 Bridge Street Applicant: Robert Dekker Agent: Brent Larocque PBD-2020-38, AM-2020-002, Zoning By-law Amendment, 5339-5341 Bridge Street 153 - 166 Page 3 of 398 Presentation - AM-002, 5339-5341 Bridge St, ZBLA 7.6. PBD-2020-39 (Presentation added) AM-2019-027, Zoning By-law Amendment Application 3405 St. Paul Avenue and 6251 O’Neil Street Applicant: Todd Morgan Holding Corporation Agent: J.D. Barnes Ltd. (Allan Heywood) PBD-2020-39, AM-2019-027, Zoning By-law Amendment, 3405 St. Paul Avenue and 6251 O'Neil St Presentation -AM-027, 3405 St Paul ZBLA 167 - 184 7.7. PBD-2020-23 (Presentation added) SBA-2020-001 - Sign By-law Amendment Owner: Roy Bradley Agent: Pattison Outdoor Advertising (Brandon Lincz) 8972 Thorold Stone Road PBD-2020-23, SBA-2020-001, 8972 Thorold Stone Road Presentation- SBA-2020-001, 8972 Thorold Stone Rd 185 - 200 8. REPORTS 8.1. F-2020-24 (Report updated) History of OLG Spending and Commitments under the New Agreement F-2020-24 History of OLG Spending and Committments under the New Agreement F-2020-24 Attachment 1 - April 1, 2013 to March 31, 2014 OLG Detail F-2020-24 Attachment 2 - April 1, 2014 to March 31, 2015 OLG Detail F-2020-24 Attachment 3 - April 1, 2015 to March 31, 2016 OLG Detail F-2020-24 Attachment 4 - April 1, 2016 to March 31, 2017 OLG Detail F-2020-24 Attachment 5 - April 1, 2017 to March 31, 2018 OLG Detail F-2020-24 Attachment 6 - April 1, 2018 to March 31, 2019 OLG Detail 201 - 232 Page 4 of 398 F-2020-24 Attachment 7 - April 1, 2019 to December 31, 2019 (9 months) OLG Detail F-2020-24 Attachment 8 - January 1, 2020 to December 31, 2020 OLG Detail 8.2. F-2020-30 2020 Capital Budget Update/2021 Capital Budget Funding Forecast F-2020-30 2020 Capital Budget Update 2021 Capital Budget Funding Forecast F-2020-30 Attachment 233 - 246 8.3. F-2020-32 COVID-19 Financial Support Update F-2020-32 - COVID-19 Financial Support Update 247 - 263 8.4. MW-2020-15 Kitchener Street Sewer Separation Construction Update MW-2020-15 - Kitchener Street Sewer Separation MW-2020-15 - Attachment 1 - Location Plan MW-2020-15 - Attachment 2 - 2020 Budget Sheet 264 - 269 8.5. PBD-2020-40 DB-2020-004, Deeming By-law Application Lots 36 & 37, Plan 291 Property known as 5759 McGrail Avenue Applicant: Mr. Fernando Pingue PBD-2020-40, DB-2020-004, 5759 McGrail Avenue, Fernando Pingue 270 - 273 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Page 5 of 398 Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2020-28 Monthly Tax Receivables Report – May F-2020-28- Tax Receivables Monthly Report (May) F-2020-28- Attachment 274 - 277 F-2020-29 Low Income Seniors’ Water and Property Tax Rebate F-2020-29 Low Income Senior' Water and Property Tax Rebate 278 - 279 F-2020-31 Insurance Renewal Report F-2020-31- Insurance Renewal Report F-2020-31-Attachment 280 - 284 R&C-2020-10 Gender Equity in Recreation & Culture Services Policy R&C-2020-10-R&C Gender Equity Policy R&C-2020-10-Attachment 285 - 288 TS-2020-16 Regulatory Sign Installations in New Subdivisions TS-2020-16 Regulatory Sign Installations in New Subdivisions - Warren Woods 5C 289 - 290 TS-2020-17 Multiple Locations – Intersection Control Review TS-2020-17 Multiple Locations - Intersection Control Review 291 - 292 Page 6 of 398 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Niagara Segway - Parking Permit Request Request from Niagara Segway for a parking permit on Ontario Avenue along the Ontario Park to allow for bike tour. The location is in a residential area with some B&Bs along River Road just to the East. RECOMMENDATION: To refer the matter to Staff for a report. Niagara Segway - Parking Permit Request 293 - 295 10.2. BLM Street Naming/Painting Request (additional correspondence added) RECOMMENDATION: That the matter be referred to Staff for a report. BLM Street Naming-Painting Request Newspaper Article regarding Black Lives Matter 296 - 297 10.3. Integrity Commissioner's Final Report - Code of Conduct Complaint (Letter added) RECOMMENDATION: For Council's Consideration. Letter to Bill Matson June 8 2020 - IC-155-0120-1 Final Report - IC-155-0120 - Todd and Ioannoni 298 - 323 10.4. Patio Extension Regulatory Change Letter from the Attorney General explaining the AGCO's relaxed guidelines to restaurant patio additions / expansions. RECOMMENDATION: For the Information of Council. M-2020-6431 - Joint Letter to Heads of Council 324 - 325 10.5. Niagara District Airport Niagara District Airport 2019 Financial Statements for review. 326 - 348 Page 7 of 398 RECOMMENDATION: That Council approve the 2019 Financial Statements of the Niagara District Airport. NDAC Signed Financial Statements 10.6. Federal Emergency Programs for Niagara District Airport's Operations (Letter updated) Requesting that the City support the application for funding through Transport Canada. RECOMMENDATION: That Council support the Niagara District Airport's application for $1.5 million in funding to the federal Airports Capital Assistance Fund and that this support be communicated through to our Federal Members of Parliament. Airports Capital Assistance Program - NF - June 2020 349 10.7. Leukemia and Lymphoma Society of Canada The Leukemia and Lymphoma Society of Canada (LLSC) will be hosting a virtual "Light the Night Walk" on Saturday, June 27th, 2020. RECOMMENDATION: For the Information of Council. Niagara Falls Light The Night - Volunteer Hosted Walk - signed 350 10.8. Clifton Hill BIA - Proposed 2020 Budget RECOMMENDATION: That Council approve the Clifton Hill BIA 2020 budget. Clifton Hill BIA Memo June 19, 2020 to City of NFLS 351 10.9. Chestnut Oak - Significant Community Tree Located on the boulevard at 2999 Dorchester Road (Mary Ward School). Request from a resident that the tree be designated as a "Significant Community Tree" as defined by the Region of Niagara's Tree By-law. RECOMMENDATION: That the request be referred to Staff for a report. Chestnut Oak Significant Community Tree 352 - 360 Page 8 of 398 Email re - Chestnut Oak - Significant Community Tree 10.10. Downtown BIA - Street Promenade on the Q The Downtown BIA is requesting support from Council for their upcoming event, including a 2 block Street closure along Queen Street. RECOMMENDATION: For the Information of Council. Letter of Support re Promenade 361 10.11. Lundy's Lane BIA - Proposed 2020 Budget RECOMMENDATION: That Council approve the Lundy's Lane BIA 2020 budget. LLBIA 2020 Budget - Final - Approved by LLBIA Board 362 - 364 10.12. Proclamation Request - Essential Worker's Day The City of Brantford is requesting support to proclaim March 17th, going forward, as "Essential Worker's Day" in the City of Niagara Falls. RECOMMENDATION: That the City proclaim March 17th, going forward, as "Essential Worker's Day" in the City of Niagara Falls. Proclamation - Essential Workers Day 365 - 366 10.13. Proclamation - 25th Anniversary of the genocide in Srebrenica Professor Dr. Emir Ramic, on behalf of the Bosnian Community in Canada, is requesting that the City of Niagara Falls recognize July 11th as the 25th Anniversary of the genocide in Srebrenica, Bosnia and Herzegovina. RECOMMENDATION: That Council Approve the request. Recognition of 25th Anniversary of the genocide in Srebrenica 367 - 368 10.14. Proclamation- International Yoga Day The request is for the City of Niagara Falls to proclaim Sunday, June 21st as "International Yoga Day." RECOMMENDATION: That Council Approve the request. 369 - 370 Page 9 of 398 Proclamation - International Yoga Day International Yoga Day Proclamation 10.15. Canada Day Media Release RECOMMENDATION: For the Information of Council. Media Release - City of Niagara Falls Canada Day Celebrations 371 - 372 10.16. Fallsview BIA / Lundy's Lane BIA - Tax Deferral Request RECOMMENDATION - For Council's Consideration. Fallsview BIA-letter to city tax deferral june 2020 LLBIA - Covid-19 Impact Letter to Mayor & Council - June 21 373 - 374 10.17. Fallsview BIA - Proposed 2020 Budget RECOMMENDATION: That Council approve the Fallsview BIA 2020 Budget. Fallsview BIA - 2020 budget to city 375 10.18. Fallsview BIA Correspondence 1) Illumination Project - Asking for a waiver of $93,000 for the 2020 payment (4th year of a 5 year contribution schedule). 2) Niagara Civic & Convention Centre reserve funds - Requesting the City to amend the Fallsview BIA agreement. RECOMMENDATION: That the requests be referred to staff for a report. Fallsview BIA - letter to city - budget 376 10.19. Air Ambulance Letter submitted by Latitude Air Ambulance from Mount Hope, Ontario, outlining the challenges they face with shipments of medical supplies. RECOMMENDATION: For the Information of Council. 377 - 381 Page 10 of 398 Air Ambulance 20200401_144453 20200401_145115 20200423_135351 10.20. Victoria Centre BIA - Request for Street Closure to Accommodate Patio Openings RECOMMENDATION: For the Consideration of Council. Center Street Closure 2020 letter to Ciy Council 382 - 383 10.21. Lundy's Lane BIA - New Board Members The LLBIA has recently updated their Board members and are seeking Council Approval. RECOMMENDATION: That Council approve the new members to the LLBIA due to recent vacancies on board. LLBIA Board Members for Council Approval 384 11. RATIFICATION OF IN-CAMERA 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-56 - A by-law to amend By-law No. 79-200, to regulate a plan of subdivision on the lands (AM-2019-017). (By-law updated) AM-2019-017 By-law By-law AM-2019-017 Schedule 1 385 - 387 2020-57 - A by-law to amend By-law No. 79-200, to permit the use of the lands for 29 townhouse dwelling units (AM-2019-019). AM-2019-019 By-law By-law AM-2019-019 Schedule 1 388 - 390 Page 11 of 398 2020-58 - A by-law to designate Lots 36 & 37, Plan 291, to be deemed not to be within a registered plan of subdivision (DB-2020-004). DB-2020-004 By-law 391 2020-59 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) TS-2020-16 Regulatory Sign Installations in New Subdivisions - Warren Woods 5C By-law 392 2020-60 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections) TS-2020-15 Yield Signs at Intersections - Collins Drive & Toby Crescent 393 - 394 2020-61 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2020 JUNE 23 By-law Enforcement Officers 395 - 396 2020-62 - A by-law to amend By-law No. 2020-42, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2020. 2020 Levy Bylaw amended 6.23.20 397 2020-63 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of June, 2020. 06 23 20 Confirming By-law 398 13. NEW BUSINESS 14. ADJOURNMENT Page 12 of 398 The City of Niagara Falls, Ontario Resolution June 23, 2020 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. WHEREAS on June 23rd, 2020, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (b) and (h) of the Municipal Act: (2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (b) personal matters about an identifiable individual, including municipal employees (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. THEREFORE BE IT RESOLVED that on June 23rd, 2020 Niagara Falls City Council will go into a closed meeting prior to their scheduled Meeting of Council that is scheduled at 1:00 p.m., to consider matters that fall under 239 (b) of the Municipal Act to discuss a Personal matter regarding a municipal employee’s tenure as well as under 239 (2) (h) of the Municipal Act to discuss direction to staff surrounding Transfer Payment Agreements with both the Federal and Provincial governments. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 13 of 398 MINUTES City Council Meeting Tuesday, June 2nd, 2020, Council Chambers (via Zoom App) 1:00 PM. COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Wayne Campbell, Councillor Carolynn Ioannoni (via Zoom app) COUNCIL ABSENT: STAFF PRESENT: Alex Herlovitch, Ed Lustig, Erik Nickel, Jim Boutilier, Mat Bilodeau, Kathy Moldenhauer, Trent Dark, Serge Felicetti, Tiffany Clark, Heather Ruzylo (all participating via Zoom app) Ken Todd and Bill Matson (Present in Chambers) 1. CALL TO ORDER O Canada - Performed by: Sibilla Malekzadeh (recorded version) 2. ADOPTION OF MINUTES 2.1. Council Minutes of May 12, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the minutes of May 12, 2020 be approved as recommended. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lori Lococo indicated a pecuniary interest to cheque #437220, dated April 22, 2020 in the amount of $2,333.33, payable to the Niagara Falls Art Gallery. Page 1 of 15 Page 14 of 398 City Council June 2, 2020 b) Councillor Victor Pietrangelo declared a pecuniary interest to the following: Cheque #00279-0006, payable to N.C.D.S.B. (Employer) and to Report: F-2020-23 - "Overview of Section 106 and 107 of the Municipal Act, 2001/Further Fiscal Relief Requests" (re: N.C.D.S.B.) c) Councillor Wayne Campbell indicated a pecuniary interest to cheque #437590, dated May 13, 2020, refund of $406.80. d) Mayor Jim Diodati indicated a pecuniary interest to cheque #437178. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of John Detenbeck, father of Tom Detenbeck of Fire Services. b) Mayor Diodati shared recent COVID-19 Good News Stories/updates: • Grocery Giveaway o 520 people provided with groceries o Anonymous donor o Project Share volunteers and Council Members o Led by Councillor Campbell and attended by: Councillor Dabrowski, Councillor Pietrangelo and Councillor Strange. o Not average food bank patrons - helped ALL residents. • Mayor's Back to Business COVID Recovery Team o Just finishing up o Action items coming forward for Council actions and decisions. c) Mayor Diodati provided the following infrastructure updates: • Former City Hall & Court House o Received many compliments o Sam Valeo and his staff o Expanded open-air courtyard area • Costco o Construction started o Compliment staff for hard work to get this project underway • Robinson Street Bridge o Finally removed d) Mayor Diodati shared the following City amenities slowly opening: Page 2 of 15 Page 15 of 398 City Council June 2, 2020 • As part of the Provincial Phase 1 Re-Opening: o Boat ramp in Chippawa o Oakes Park Track o Dog parks o Tennis courts • Street Sweeper: o Begins June 4th o 14 trucks o Entire City covered in 2 weeks o Next year, plans for a May start e) Mayor Diodati recognized Councillor Mike Strange for attending the Dwyer-Hamilton Paralegal Services food giveaway to front-line workers at Food Basics, Montrose Road. f) The next Council meeting is scheduled for Tuesday, June 23, 2020 at 1:00 PM (new start time). 5. REPORTS 5.1. F-2020-23 Overview of Section 106 and 107 of the Municipal Act, 2001/Further Fiscal Relief Requests The report recommends the following: 1. That Council provide a grant to the following non-profit tenants of the MacBain Community Centre: o Niagara Falls Big Brothers Big Sisters Association Inc. o United Way of Niagara Falls and Greater Fort Erie o Niagara Catholic District School Board – Early ON room rentals equal to the amount of rent to be charged from March 16, 2020, being the date the City closed the MacBain Community Centre, until such future date that the City opens the MacBain Community Centre to the tenants. 2. That Council authorize staff to forego charging rent to the following commercial tenant of the MacBain Community Centre: Page 3 of 15 Page 16 of 398 City Council June 2, 2020 o Tastebuds Café from March 16, 2020, being the date the City closed the MacBain Community Centre, until such future date that the City opens the MacBain Community Centre to the public. 3. That Council authorize staff to forego charging rent to the following commercial tenants of the Gale Centre: o 2212396 Ontario Inc. operating as Break-A-Way Concessions Niagara o Front Row Sports Ltd., operating as Front Row Sports Excellence from March 16, 2020, being the date the City closed the Gale Centre, until such future date that the City opens the Gale Centre to the public. 4. That Council authorize staff to forego charging service fees to the following commercial clients of the Small Business Centre located in the Wayne Thomson Building: • CHS Realty • Elong Realty • Derly Valencia • Global Hut Immigration • HR Off Site Human Resources from March 16, 2020, being the date the City closed the Wayne Thomson Building, until such future date that the City opens the Wayne Thomson building and resumes providing service to the Small Business Centre clients. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously (with Councillor Victor Pietrangelo declaring a conflict). 5.2. F-2020-25 2018 Closed Capital Projects Variance Report The report recommends that Council receive report F-2020-25 entitled, Page 4 of 15 Page 17 of 398 City Council June 2, 2020 2018 Closed Capital Projects Variance Report, for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1 to be applied to the 2018 year end. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously 5.3. F-2020-26 Annual Statement of Remuneration and Expenses – Updated to Include Attendance The report recommends for the information of Municipal Council. At the April 21, 2020 Council meeting, staff was asked to report back further to show the number of meetings held by Council and Council Member attendance. This information has been included in an attachment. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council accept the report for information and that staff report back on what other municipalities are doing with regards to keeping track of Council Member attendance at meetings and to also include definitions on ‘attendance’ within updates to the Procedural By-law. Carried Unanimously 5.4. F-2020-27 Managing the Financial Impact of COVID-19 – Parking Budget The report recommends the following: 1. That the report entitled "Managing the Financial Impact of COVIDE-19 - Parking Budget" be received for information. 2. That staff be directed to enforce all parking matters and resume issuing tickets (as opposed to warnings) as of July 1, 2020, in an effort to mitigate the anticipated lost revenue. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Page 5 of 15 Page 18 of 398 City Council June 2, 2020 Carried Unanimously 5.5. IS-2020-01 5G Health Concerns The report recommends for the information of Council. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that the City of Niagara Falls request the Federal Government to review: • the necessity for municipal consultation of 5G placement of antennas and towers through the Antenna Tower Siting Procedure. • the removal of the up to 25% increase of height exemption of Existing Antenna Systems, which would allow for consultation. • the removal of the less than 15 metres height exemption for New Antenna Systems, which would allow for consultation. • the removal of the Non-Tower Structures exemption (antennas on buildings, water towers, lamp posts, etc), which would allow for consultation. Carried Unanimously (with Councillor Chris Dabrowski opposed). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that Staff (Legal & Risk Management) provide a report on the liability if there is a 5G health claim on our insurance. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the City ask the Federal Government to be further involved in the investigation of any health concerns with 5G technology. Carried Unanimously 5.6. PBD-2020-33 Tax Increment Based Grant Application under the Lundy’s Lane CIP – LLN-2020-001 5873 Brookfield Avenue Applicant: 1962683 Ontario Inc. (Frank LaPenna) Page 6 of 15 Page 19 of 398 City Council June 2, 2020 The report recommends the following: 1. That Council approve the Tax Increment Based Grant Application for 1962683 Ontario Inc. (Frank LaPenna) subject to the Owner satisfying the program requirements including entering into an agreement with the City of Niagara Falls. 2. That the Mayor and Clerk be authorized to sign the agreement. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 5.7. PBD-2020-35 AM-2015-004, Zoning By-law Amendment 3958 Cardinal Drive (formerly 7901, 7913 and 7933 Thorold Stone Road) Owner: Niagara Olympia Homes (George Bahdi) The report recommends that City Council pass the by-law on today's agenda to permit a retirement home with up to 116 living units in a building having a height varying from 2 to 4 storeys. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 5.8. R&C-2020-09 Summer Aquatics Opening Plan The report recommends the following: 1. That Council approve, pending the lifting of the Province of Ontario's Emergency Order and with approval from the Niagara Region Public Health that the City opens five pools for July 1st, 2020. 2. That Council approve, pending the lifting of the Province of Ontario's Emergency Order and with approval from the Niagara Page 7 of 15 Page 20 of 398 City Council June 2, 2020 Region Public Health that the City opens seven splash pads for July 1st, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously 6. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2020-21 Monthly Tax Receivables Report – April The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2020-22 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $32,094,456.16 for the period April 7, 2020 to May 18, 2020. MW-2020-12 2020 Playground Improvements Supply and Installation of Playground Equipment Award The report recommends the following: 1. That Council award the supply and installation of playground equipment at Balmoral Park, Bambi Park, Cherryhill Park, Coronation Park, Maple Page 8 of 15 Page 21 of 398 City Council June 2, 2020 Street Park, C.B. Wright Park, Warren Woods East Park and Warren Woods West Park to the preferred proponent Henderson Recreational Equipment Ltd. for $334,225.12 + applicable taxes. 2. That the Mayor and Clerk be authorized to execute the necessary documents. MW-2020-13 QEW Watermain Crossing Tender Award - Contract No. 2020-380-15 The report recommends the following: 1. That the contract be awarded to the lowest bidder Peter's Construction Group at the corrected bid price of $1,668,222.80 + applicable taxes. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize a 2021-prebudget allocation of $650,000 to be used as additional funding for the completion of this Capital Project. PBD-2020-34 PLC-2020-001, Request for Removal of Part Lot Control Block 11 in Plan 59M-474 4837- 4847 Pettit Avenue Applicant: Winzen Niagara Homes Limited The report recommends that Council approve the request and pass the by -law included in today's agenda to designate Block 11, Registered Plan 59M-474, as exempt from Part Lot Control for a period of two years. TS-2020-14 Stop Sign Conversion Review The report recommends for the information of Council. TS-2020-15 Collins Drive at Toby Crescent Intersection Control Review Page 9 of 15 Page 22 of 398 City Council June 2, 2020 The report recommends that a yield sign is installed at both intersections of Collins Drive and Toby Crescent as follows: • Collins Drive at Toby Crescent (north intersection) o Facing traffic northbound on Collins Drive; o facing traffic southbound on Collins Drive; and o facing traffic westbound on Toby Crescent • Collins Drive at Toby Crescent (south intersection) o facing traffic southbound on Collins Drive (left turn); o facing traffic southbound on Collins Drive (right turn); and o facing traffic northbound on Collins Drive Councillor Lori Lococo requested that Report: MW-2020-12 be pulled to allow further discussion. Councillor Wayne Campbell requested the Report: TS-2020-14 be pulled to allow further discussion and clarification. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the remainder of the reports under the Consent Agenda be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Report MW-2020-12 be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that Report: TS-2020-14 be received and filed for information. Carried Unanimously 7. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 7.1. Niagara Regional Housing Niagara Regional Housing (NRH) Quarterly Report (January 1 - March 31, 2020) - 1st Quarter Report. Page 10 of 15 Page 23 of 398 City Council June 2, 2020 RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 7.2. City of St. Catharines' Response to COVID-19 At its meeting of May 6, 2020, St. Catharines' City Council passed the attached motion regarding COVID-19 and requested that it be forwarded to the local municipalities in Niagara for their information (not for our Council's endorsement). RECOMMENDATION; For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 7.3. Niagara Region - Implications of the New Provincial Policy Statement, 2020 Motion respecting the New Provincial Policy Statement, 2020. RECOMMENDATION: For the Information of Council. Alex Herlovitch, Director of Planning, Building and Development provided an overview of the New Provincial Policy Statement, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously 7.4. Niagara Falls Canada Hotel Association Request for further relief on property tax payment deadlines. Page 11 of 15 Page 24 of 398 City Council June 2, 2020 RECOMMENDATION: That Council refer the request to Staff for a report. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council refer the request to Staff for a report to be presented at the next Council meeting on June 23, 2020 and to include what other things the municipality is doing for our taxpayers in order to provide assistance. Carried Unanimously 7.5. Proclamation Request - Seniors Month - June The proclamation request is in recognition of the benefits and values of Seniors in Niagara Falls and to designate the month of June 2020 as Seniors Month. RECOMMENDATION: That Council Approve the request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the City designate the month of June 2020 as Seniors Month, in recognition of the benefits and values of Seniors in Niagara Falls. Carried Unanimously 7.6. Proclamation Request - World Sickle Cell Day June 19th is globally and nationally recognized as World Sickle Cell Day. The Sickle Cell Awareness Group of Ontario is requesting the City of Niagara Falls to proclaim June 19, 2020 as World Sickle Cell Day. RECOMMENDATION: That Council Approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that the City proclaim June 19, 2020 as World Sickle Cell Day in Niagara Falls. Carried Unanimously 7.7. Flag-Raising Request - Pride Niagara Pride Niagara will be hosting this year's Niagara Pride Week Festival however they will be taking their events and celebrations virtual. Pride Page 12 of 15 Page 25 of 398 City Council June 2, 2020 Niagara is requesting that the City of Niagara Falls join in the Annual Pride Flag raising for the week of May 29th - June 6th, 2020. RECOMMENDATION: That Council Approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Lori Lococo that the City join in the Annual Pride Flag raising for the week of May 29th - June 6th, 2020 to recognize Pride Niagara in Niagara Falls. Carried Unanimously 8. RESOLUTIONS There were no resolutions to report. 9. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- 48 - A by-law to authorize the payment of $32,094,456.16 for General Purposes. 2020- 49 - A by-law to designate Block 11, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2020-001). 2020- 50 - A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Local Planning Appeal Tribunal, dated October 24, 2019, to permit the use of the Lands and buildings thereon for a retirement home and to repeal By-law No. 2008-51 (AM-2015-004). 2020- 51 - A by-law to authorize the execution of an Agreement with Crawford & Company (Canada) Inc. respecting RFP37-2019 Insurance Claims Adjusting Services Agreement between the City and Crawford & Company (Canada) Inc. 2020- 52 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. Page 13 of 15 Page 26 of 398 City Council June 2, 2020 2020- 53 - A by-law to accept and declare lands as a public highway to form part of Pin Oak Drive. 2020- 54 - A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2020. 2020- 55 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of June, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously 10. NEW BUSINESS a) Anti-Racism Advisory Committee ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Carolynn Ioannoni that steps are taken to form an anti-racism committee in Niagara Falls. Carried Unanimously b) Development Charges ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Staff report back on the development charges from the Region and/or arrange for a presentation from the consultant a a future Council meeting. Carried Unanimously 11. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Page 14 of 15 Page 27 of 398 City Council June 2, 2020 Councillor Chris Dabrowski that the meeting be adjourned at 3:02 PM. Carried Unanimously Mayor City Clerk Page 15 of 15 Page 28 of 398 June 23, 2020 Council Meeting Transit Services Essential Service, Stabilization & Recovery Page 29 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recovery Roadmap Following the Province’s 3-Phased Framework (Guidance for Transit Agencies/ Passengers) Protect & Support –Restart -Recover Service Levels & Operational Phases identified in the Transit industry as: 1.ESSENTIAL 2.STABILIZATION 3.RECOVERY Page 30 of 398 A GREAT CITY…FOR GENERATIONS TO COME Essential PROTECT & SUPPORT –Phase 1 (Riders) March 22 to June 28, 2020 •ESSENTIAL TRAVEL ONLY •CITY service to Sunday levels + Special #108 •WEGO Redline service reduced to Winter hours •WEGO Blueline cancelled in tourism core •Niagara Region Transit hourly service & removed routes (40/45) •Chair-A-Van reduced hours and capacity to one Driver/ one Rider Page 31 of 398 A GREAT CITY…FOR GENERATIONS TO COME Essential PROTECT & SUPPORT –Phase 1 (Riders) March 22 to June 28, 2020 •Limit capacity: 10 riders per 40’ bus & 20 riders per 60’ buses (now in service May 21) •Relief buses added as needed for capacity •Rear Door boarding only –no fares taken •Promote distancing by taping off areas/ seats •Microbial treatment & daily sanitization of the fleet •Service changes on City and WEGO website •Social media updates Page 32 of 398 A GREAT CITY…FOR GENERATIONS TO COME Essential PROTECT & SUPPORT –Phase 1 (Staff) March 22 to June 28, 2020 •PPE provision, sanitizers and screening at facility •Ongoing updates for Operators/ Fleet staff •‘Essential Travel Only’ signs onboard and on HUB displays/ online •Supervision onboard to enforce trip purpose •Signage onboard to limit interactions re: entry health requirements/ physical distancing/ service changes/ Operator safety/ No fares Page 33 of 398 A GREAT CITY…FOR GENERATIONS TO COME Essential PROTECT & SUPPORT –Phase 1 (Staff) March 22 to June 28, 2020 •One on One HR support •Bio Barriers project initiated per PSH&SA & transit industry guidance •Personal mask policies & changes communicated •Additional facility cleaning shifts scheduled •Participation federally and within the province by management on industry-led best practice groups and legislated updates Page 34 of 398 A GREAT CITY…FOR GENERATIONS TO COME How to RESTART? In May 2020 we carried 24% of our regular CITY ridership while offering 42% of our revenue service hours compared to May 2019. (Abacus Data has conducted a poll at the end of April 2020 asking Canadians about their willingness to come back to transit as the economy re-opens, but before a vaccination for COVID-19 has been discovered.)Page 35 of 398 A GREAT CITY…FOR GENERATIONS TO COME Stabilization RESTART –Phase 2 (Riders) Effective June 29 •ALL TRIP PURPOSES •CITY service returns to regular Day & Evening hourly service •NO 30 minute PEAK service provided on CITY routes •CITY Sunday & Holiday service returns to regular levels •WEGO Red & Blue lines on Fall service @ weekday levels •Niagara Region Transit on hourly reduced service hours 7am to 9pm (all routes) •Chair-A-Van continued reduced capacity/ increased hours of service per AODA Page 36 of 398 A GREAT CITY…FOR GENERATIONS TO COME Stabilization RESTART –Phase 2 (Riders) Effective June 29 •Creating more space for customers = 50% of seated capacity onboard buses (up to 20 per 40’ bus and 30 per 60’ bus) •Relief buses added as needed for capacity •Masks recommended for passengers onboard by Public Health where physical distancing can be a challenge •Front door boarding & fares reinstated (No U-Pass) •Continued daily sanitization of the fleet •Service changes and safety messaging campaign created on City and WEGO websites & Social media Page 37 of 398 A GREAT CITY…FOR GENERATIONS TO COME Stabilization RESTART –Phase 2 (Staff) Effective June 29 •Meeting the Phase 2 provincial GUIDANCE for Transit •Physical distancing messaging (garage/ on the bus) •Bio-barriers onboard & policies in place •Administrative controls introduced (supervision use, altering work schedules) •Meeting electronically where possible •Continued daily facility cleaning and fleet sanitization •Continued updates to Staff per PPE •HR support ongoing Page 38 of 398 A GREAT CITY…FOR GENERATIONS TO COME Stabilization RESTART –Phase 2 (Staff) Effective June 29 •Signage based on Public Health recommendations for Riders to wear personal masks or face coverings onboard •Promoting and creating touch-free fare payment options •Recall of laid-off workers as service increases •Review the planning process for Phase 3 (RECOVER) •Starting to plan for levels of service and safety measures to be in place post-COVID-19 •Communications re: Pass sales & Niagara College summer U-Pass not valid Page 39 of 398 A GREAT CITY…FOR GENERATIONS TO COME Towards Recovery •The stabilization period of service (RESTART) provides for up to 50% of our seated capacity onboard while offering +/-70% of our revenue service hours compared to July 2019. •Setting the levels of service will continue to be supported by provincial guidance and public health direction as well as industry best practices. •Continual discussion and partnering with the workers, the JH&SC and union representation regarding health & safety to address concern and prepare Operators to provide more service to the community. •Working avidly with other transit agencies will ensure consistent and seamless service is provided across Niagara (reducing rider issues and therefore providing Operator supports).Page 40 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recovery RECOVER –Phase 3 (Riders) Dates TBD •CITY Day & Evening hourly service + 30 minute PEAK service on approved CITY routes (6am to 12am) •CITY Sunday & Holiday service returns to regular hourly levels (7am to 9pm) •WEGO Red & Blue lines to continue on Fall weekday scheduling until October 13, 2020 •Niagara Region Transit TBD •Chair-A-Van service ramping up -based on demand during CITY transit hours for AODA compliance Page 41 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recovery RECOVER –Phase 3 (Riders) Dates TBD •Capacities onboard set by industry best practice/ legislation •Introduction of new touchless fare payment options •Promoting and installing realtime trip planning and promoting the TRANSIT app •Securements onboard for mobility need review (Operator cannot distance) •Communication campaign around health and safety issues and new fares or fare products for the public Page 42 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recovery RECOVER –Phase 3 (Staff) Dates TBD •Continued improved cleaning onsite and onboard •Physical distancing in our day to day operations on the bus and at the garage (policy and procedure reviews) •Encouraging hand hygiene •Providing enhanced PPE •Masks as a new reality Page 43 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recovery RECOVER –Phase 3 (Staff) Dates TBD •Signage onboard and at our facility •Health checks and messaging for riders about travelling sick prior to bus entry •Policies and procedures for coming to work healthy •JH&SC review of internal physical and administrative controls •Review barriers as a permanent equipment need •Communication ALWAYS Page 44 of 398 A GREAT CITY…FOR GENERATIONS TO COME During COVID-19 While we’ve been on essential service, we’ve also been busy with the following: -Niagara Square HUB project (Canadian Drive) -Compiling COVID-19 revenue impacts & CUTA stats (funding) -Reviewing NFTS -Transit Service 5 Year Plan in draft -Initiating the first NFTS bus stop inventory project (700+ stops) -Draft Niagara-wide AODA design guideline for bus stop construction -28 new stops to be built to accessibility standards in 2020/2021 -WEGO Operational Review underway with NPC -Resetting all Fareboxes for data and fare values info balancing -Trained all Mechanics for upgraded CZ licensing -Creating a new DRAFT Operators Manual -Converted to electronic payroll for Operators -Started approved ICIP projects for fleet -2020/2021 -In-House barrier project onboard by ATU Garage staff Page 45 of 398 A GREAT CITY…FOR GENERATIONS TO COME Phase 3? Questions? Next Steps: -Legislation & Public Health -EOC & Industry best practice Worker input and feedback -Human & capital resources -Niagara partners in transit -Communication re: service delivery -Public concern and perceptions -Community lens & focus -Niagara Falls market knowledge QUESTIONS?Page 46 of 398 A Great City … For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Shreeya Patel and Waheebah Ahmed, Co-Chairs Mayor’s Youth Advisory Committee Date: June 23, 2020 Re: 2019/20 MYAC Year End Update The 2019/2020 Mayor’s Youth Advisory Committee would like to take this opportunity to update the Mayor and Council about the projects and activities that took place throughout the year. Despite a very different end to the MYAC year due to th e pandemic, we feel that we were still able to accomplish a lot. Leadership and Annual Plan As the Mayor’s Youth Advisory Committee, our mandate is to provide a voice for the youth in Niagara Falls while advising council of important issues for the city’s younger population and to encourage facilities and programs to enhance the quality of life, health and well-being of the youth in our community. At the beginning of each year the new MYAC team participates in Leadership Day to to learn about roles and responsibilities as committee members, to get to know each other and build a team, and to take an active role in an annual planning process. This yea r we were able to hold this special day at City Hall and participate in team -building activities to identify our strengths as a group. MYAC operates with three sub committees: Giving Back, Just for Fun, and Youth Voice. Each Sub Committee has a slightly different focus which allows each individual to contribute based on their strengths and also offers additional leadership opportunities for our members. Regular MYAC meetings take place once per month and sub committees report and receive feedback from the team as a whole. The following summarizes the activities and events that were planned for the year. In some cases, the plans were not implemented. Page 47 of 398 A Great City … For Generations To Come MYAC (ALL MEMBERS) Project SHARE Christmas Basket Program: Following our annual tradition, MYAC once again was able to sponsor a family this year and were happy to donate some essentials and gifts for this family during the Christmas season. Community Clean Sweep: The Mayor’s Youth was involved in cleaning our adopted street on October 5th which covered from Oakes Park to Portage Rd. As this was an early event, we were able to get to each other better and spend time together. Typically we would have also participated in a spring cleanup event. Federal Election Project: With the help of First Vote, a non-profit organization at Brock University, we promoted the Student Town Hall which was hosted at Brock on October 1st with various slideshows and merchandise. We also implemented a variety of learning opportunities at the five high schools. Community Outreach Kitchen: As a group, we attended the Outreach Kitchen twice this year where we served meals to individuals during winter and spring Wheelchair Basketball Practice Team: Unfortunately due to the pandemic, this event was cancelled. City of Niagara Falls Youth Volunteer of the Year Award: MYAC had the opportunity to select a youth resident that displayed a true commitment to the community through volunteering. This year, the award was given to Bianca Marcella, a MYAC alumnus. Jim Mitchinson Scholarship: MYAC is proud to present this scholarship in Jim Mitchinson’s honour to a member of the youth that has demonstrated leadership and involvement in the community. This year, the scholarship was awarded to Pranav Parakh, a grade 12 student from A.N. Myer Secondary School. YOUTH VOICE The Youth Voice subcommittee is an outlet that allows MYAC to provide a voice and advocate for youth and create events catered to students that explore important topics such as education, transportation and employment in Niagara. 2019 Niagara Student Summit: A very successful Summit was hosted on October 17, 2019 at Brock University. MYAC hosted approximately 250 high school students from high schools across the Niagara Region at this “by youth for youth” outside of the classroom learning opportunity. We are grateful for the support of Brock University, the DSBN, and the NCDSB for all of their suppo rt and to our sponsors Enbridge Gas, Niagara Peninsula Energy, and Walker Industries. Youth Forum: A youth forum was planned to take place at the MacBain Community Centre to gather input from youth about what is important to them. Unfortunately, due to the Emergency Orders the Youth Forum was cancelled. 2020 Niagara Student Summit: Planning was well underway for the 2020 Niagara Student Summit that was to take place in October. A decision was made Page 48 of 398 A Great City … For Generations To Come to not host an in-person Summit and after much discussion the team decided to plan a Virtual Youth Forum. 2020 Virtual Youth Forum: Planning is underway to host a Virtual Youth Forum with hopes to attract high school students to provide input regarding their current concerns as well as their need for resources and opportunities. GIVING BACK MYAC’s Giving Back sub-committee is dedicated to contributing time into our community and paying it forward through volunteerism, fundraising and monetary donations. Red Roof Christmas Party: This holiday season, our Giving Back subcommittee attended and organized a Christmas Party with children at Red Roof. Activities included gingerbread making, holiday card decorating, button-making, bowling and more. Mother Earth Day: An important initiative that Giving Back took on this year was helping to plan the Mother Earth Day event, which has been postponed to May 29th, 2021. We decided to contribute goat yoga and a MYAC information booth, which will allow attendees to win prizes if they correctly answer environm ental trivia. Skate Nights: MYAC held two skate nights this year at the Gale Centre (Oct 26 & Feb 1). Teenagers were invited to freely skate on the rink in exchange for a donation or a canned good for Project Share’s fundraiser. We included an activities room filled with board games and snacks for those who did not bring skates. JUST FOR FUN The Just for Fun Sub Committee focuses on providing opportunities for youth from across Niagara Falls to get together and have fun. Often events involve showcasing the many talents and skills of our fellow students. Coffee House: A Coffee house was planned to take place in the spring with Ruth’s Chris/Yuk Yuk’s agreeing to provide the venue to us . This family friendly event provides an opportunity to showcase talent and for students from all high schools to get together in a social setting. Unfortunately, due to Covid-19 we were unable to host this event. School-A-Palooza: School-A-Palooza is a student favourite that brings together the five local high schools for a friendly competition. This year a new Pre-Palooza event was planned to take place at the Boys & Girls Club. This event was Page 49 of 398 A Great City … For Generations To Come intended to allow for greater individual participation and encourage students to stay active. Unfortunately, this event was also cancelled. Promposal Contest: A promposal contest was planned and cancelled. Last year, the promposal contest was a great way to share many fun and creative promposals on social media with lots of great prizes. We would like to recognize and thank our annual sponsors: Niagara Falls Rotary Club and Ruth’s Chris. As well as our Niagara Student Sponsors: Enbridge Gas Inc, Niagara Peninsula Energy, and Walker Industries. As well as our new event specific sponsors Niagara Recycling and Niagara University. Despite the unfortunate end to our year, MYAC was successful in implementing some great events and contributing to the community through volunteerism. We look forward to continuing our work and cannot wait for 2020/2021. We would like to take this time to thank the Mayor and Council for continually supporting our efforts and specifically for Councillor Strange for attending our meetings and providing input and support. BA Page 50 of 398 A Great City … For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Shreeya Patel and Waheebah Ahmed, Co-Chairs Mayor’s Youth Advisory Committee Date: May 7, 2020 Re: 2020 Jim Mitchinson Scholarship Recipient On behalf of the Niagara Falls Mayor’s Youth Advisory Committee (MYAC), we would like to inform that Mayor and Council that Pranav Parakh was selected as the recipient of the 2020 Jim Mitchinson Scholarship presented by MYAC. This scholarship recognizes Niagara Falls students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career. MYAC is extremely proud to honour the memory of Jim Mitchinson through the Scholarship. Jim was dedicated to giving back to the City of Niagara Falls throughout his life and embodied the values of leadership and involvement in the community. Jim Mitchinson’s son, Tom, has generously funded the scholarship in his honour. To be eligible for the scholarship students must be Niagara Falls residents, in their graduating year, attending a school in Niagara Falls, have a minimum average of 75% and demonstrate leadership and involvement in their community and/or school. At their May 6, 2020 Regular MYAC Meeting, the Mayor’s Youth Advisory Team reviewed the 2020 applications and voted. The following motion was made: IT WAS MOVED by Vanessa George, seconded by Jessica Zheng, THAT Pranav Parakh be the recipient of the 2020 Jim Mitchinson Scholarship presented by the Mayor’s Youth Advisory Committee. Motion Carried Recipient Bio: Pranav, a soon to be graduate of A.N. Myer Secondary School, has been highly involved in his school and community for his entire high school career. Having developed an interest in computer coding in elementary school, he taught himself the basics of various computer languages using online resources. Realizing the Page 51 of 398 A Great City … For Generations To Come challenges of learning code independently, Pranav and a friend cofounded AppCamp that teaches students the basics of app and game development, while developing valuable computer science skills. Now in its third year, AppCamp has successfully trained over 60 students, has established partnerships with iHub Niagara and the Niagara Falls Public Library, and secured corporate sponsorship from Meridian Credit Union. They are currently running a new course on innovative technologies, which was quickly adapted to an online format due to the pandemic. Pranav maintains excellent grades and has regularly excelled in the Waterloo Mathematics contests, and recently placed in the top 4% of participants internationally on the Canadian Senior Mathematics Contest. He also gives his time as a volunteer tutor for ten students in grade 10-12 mathematics, physics, chemistry, and english. In addition, Pranav is a nationally ranked fencer, a provincially ranked wrestler (captain of his school’s team), and plays tennis and squash. He is the President of his school’s British Parliamentary Debate team and Athletic Association, and has been a member of the Model United Nations team for four years. Thank you Mayor Diodati and Council for continually supporting our efforts and assisting us to recognize students who give back to their school and community. BA Page 52 of 398 PBD-2020-25 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-25 AM-2019-024, Zoning By-law Amendment Application 6622 and 6660 McLeod Road Proposal: Four, 3 Storey Apartment Buildings with a Total of 60 Units Applicant: M5V Inc. (Sherard McQueen) RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone the land a site specific Residential Apartment 5C Density (R5C) zone to permit four, 3 storey apartment buildings with a total of 60 units, subject to the regulations outlined in this report. 2. That Council direct interested residents be consulted during the site plan process. EXECUTIVE SUMMARY M5V Inc. (Sherard McQueen) has requested a Zoning By-law amendment for a parcel of land formally known as 6622 and 6660 McLeod Road. The applicant requests the land be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to permit the construction of four, 3 storey apartment buildings with a total of 60 units. The amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; The proposed development complies with the City’s Official Plan with respect to the density and built-form anticipated within the McLeod Road Intensification Corridor; Provided the waste disposal enclosure is relocated from near the west lot line to a location internal to the development, the development is compatible with adjacent residential development in terms of building height and setbacks; and The requested R5C zone permits an apartment building and existing and requested regulations are appropriate to ensure the development will be compatible with surrounding properties. The development will be subject to Site Plan Control. Through this process servicing, grading, landscaping and buffering will be addressed. Some surrounding residents have requested to be consulted in the site plan process to be able to review such matters as fencing and landscaping. BACKGROUND Proposal M5V Inc. (Sherard McQueen) has requested a Zoning By-law amendment for a parcel of land formally known as 6622 and 6660 McLeod Road, totalling 0.56 hectares (1.4 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of four, 3 storey apartment buildings, with a total of 60 units. Schedules 2 and 3 show details of the proposed development. Page 53 of 398 2 PBD-2020-25 June 23, 2020 The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4), in accordance with Zoning By-law No. 79-200, which permits townhouses or low-rise apartments up to a density of 50 units per hectare. The applicant is requesting the land be rezoned to the Residential Apartment 5C Density (R5C) zone, with site specific lot area, front and rear yard depth, side yard width, parking and landscaped open space regulations, and to permit 4 apartment dwellings on one parcel. Site Conditions and Surrounding Land Uses The subject land originally consisted of two parcels, known as 6622 and 6660 McLeod Road, which have now been merged in title. The land is occupied by two dwellings, one of which is not occupied. The rest of the land is vacant. In addition, an underground sanitary main crosses the property. The land is surrounded mainly by detached dwellings to the south, east and north. A 3 storey apartment building is located to the west. Two 3 storey apartment buildings and one 5 storey apartment building lie to the north-east. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara The proposal aligns with Provincial and Regional policies. The proposal is within an area identified for intensification and will make more efficient use of underutilized parcels. The siting of the waste disposal enclosure does not meet the requirements for Regional waste collection, due to the distance trucks have to back up to turn around. If the disposal area is not sited in accordance with Regional standards, waste collection will need to be done by a private contractor. McLeod Road is proposed to be reconstructed starting in 2021, subject to budget approvals. A 5.2 metre road widening along the frontage will be required to accommodate future road projects. Further matters, including servicing, urban design and implementation of noise study warning clauses, will be addressed at the site plan approval stage. Municipal Works, Fire Services, Building Services, Parks Design, Legal Services, Transportation Services No objections to the rezoning or requested site specific regulations. Further submission and review of detailed engineering, lighting, landscaping plans, Ontario Building Code matrices and fire safety measures will occur at the site plan stage. Cash-in-lieu of parkland dedication, in the amount of 5% of the properties’ value, will be payable at the site plan approval stage. Neighbourhood Open House A neighbourhood open house was held on February 19, 2020 and was attended by 5 neighbours, the applicant and the applicant’s planner. One neighbour, located immediately east of the development, expressed concerns about impacts on her property, including shadowing impacts, the proximity of the waste enclosure and potential impacts on property values. Other neighbours requested further information about drainage, snow storage, landscaping and lighting facilities and requested to be consulted during Page 54 of 398 3 PBD-2020-25 June 23, 2020 the site plan process. In addition, concerns were raised about traffic on McLeod Road and the need for a traffic light between Drummond and Dorchester Roads. Staff noted that drainage, landscaping and light matters would be addressed during the site plan process. Drainage would need to be engineered to contain storm water to the site and avoid adverse impact on surrounding neighbours, floodlighting would need to be directed away from abutting properties and wood fencing and landscape plantings would be required to buffer neighbours from the development. Staff noted that McLeod Road is subject to an Environmental Assessment and future reconstruction proposed for 2021) to address traffic management. The applicant noted that a sewer easement restricts the placement of buildings on the property and the ability to provide greater setbacks. He also noted that buildings of similar heights and setbacks to those proposed could be developed under the existing zoning. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial ‘A Place to Grow’ Plan currently requires that a minimum of 40% of all residential development occurring annually be in Built-up Areas. The Plan also stipulates that an appropriate range and mix of housing types are to be provided to meet the requirements of residents. The subject land is located within the City’s Built-up Area. The proposed apartment buildings are a form of residential intensification promoted by the Province and the proposed units will assist in providing housing options in the area. 2. Official Plan The subject land is designated Residential in the City’s Official Plan and are located within the McLeod Road Intensification Corridor. Apartment buildings are anticipated with densities and building heights ranging from 65 units per hectare and 4 storeys at the Corridor’s west end (near Dorchester Road) to 150 units per hectare and 8 storeys at the Corridor’s east end (near Stanley Avenue). Development is to conform to a set of design criteria intended to mitigate impacts on surrounding development and provide for attractive design. The proposal conforms to the Official Plan as follows: The development has a density of 105 units per hectare, which is within the range established in the policies; The proposed building height of 3 storeys is consistent with surrounding development and assist in achieving compatibility with the neighbourhood; Buildings are proposed close to the street to engage the street frontage per the design policies for apartment buildings; and Although a rear yard depth equivalent to building height is not achieved, the proposed depth of 7.9 metres represents a modest reduction from the target of 10.6 metres. The land is located north of the adjacent dwellings to the rear and therefore these dwellings will not be impacted by shadow. In addition, the narrow profile of the proposed buildings are presented to adjacent dwellings, reducing the potential overlook and loss of privacy. 3. Zoning By-law The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By-law No. 79-200. The R4 zone permits apartment buildings up to 10 metres in height (3 storeys) and with densities up to 50 units per hectare. The applicant has requested a Residential Apartment 5C Density (R5C) zone which permits apartment buildings at a density up to 100 units per hectare. The Page 55 of 398 4 PBD-2020-25 June 23, 2020 departures requested from the standard R5C regulations are summarized in the following table: R5C ZONE STANDARD REGULATION PROPOSED REGULATION Minimum lot area 100 sq. m./unit 92 sq. m./unit Minimum front yard depth 7.5 m plus 15.25 m from the centreline of McLeod Road 4.5 m (after necessary road widenings) Minimum rear yard depth 10 m 6.5 m (mechanical room) 7.5 m (building wall) Minimum interior side yard width One-half building height (5.25 m) 3 m (west lot line) 4 m (east lot line mechanical room) 5 m (east lot line main building wall) Number of apartment buildings on one lot 1 4 Number of parking spaces per unit 1.4 spaces/unit 1.25 spaces/unit Minimum landscaped open space 40% 32% The departures from the standard regulations can be supported for the following reasons: The standard lot area regulations of the R5C zone would permit 56 units on the property; the lot area reduction will allow a density consistent with the Official Plan and allow 60 units; The reduction to the front yard depth creates a more urban form with a landscaped front yard, as contemplated by the Official Plan; The reduction to the rear yard depth can be supported as the mechanical room will be a small 1 storey structure that will not impact adjacent residences, and the narrow profile of the proposed buildings is present to the adjacent residences. It is recommended the amending by-law limit the portion of the building extending closer than 7.5 metres to the rear yard to 1 storey; As the site abuts a parking area and driveway associated with an apartment building to the west, a reduction in the westerly side yard width to 3 metres will not adversely impact the abutting apartment dwelling; The requested zone has the same side yard width requirement as the current R4 zoning of the property (one-half the building height). The requested reduction in the easterly side yard setback for the main building wall amounts to 0.25 metes (less than 1 foot) which would not be noticeable. In addition, permitting a mechanical room to project into this yard 1 metre would not adversely impact surrounding properties provided the room is limited to 1 storey; The requested parking standard would reduce the number of required parking spaces from 84 to 75. This reduction is acceptable; the property is next to a bus route and is within walking distance of commercial uses which provides an opportunity for alternative means of transportation; Page 56 of 398 5 PBD-2020-25 June 23, 2020 Allowing 4 apartment buildings with small footprints to be developed on the property is acceptable. The current R4 zoning would permit the same number of apartment buildings to be constructed; and As the landscaping has been positioned to buffer adjacent properties and add amenity to the McLeod Road streetscape, the requested reduction is acceptable. However staff do not support the location of the waste disposal enclosure as it may impact nearby residences to the east of the land. It is recommended that this area be replaced with landscaping that would buffer adjacent residences from the apartment buildings. The amending by-law should secure a 5 metre wide landscape strip (save and expect for permitted building and structure encroachments) along the east property line as well as other landscaped buffers along abutting properties shown on Schedule 2. As the R5C zone permits building heights up to 19 storeys, it is recommended the amending by-law restrict the building height to the 10.5 metres proposed. 4. Site Plan The development will be subject to site plan control. At the site plan approval stage detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. As noted above, the waste disposal enclosure should be relocated away from abutting residences, and could be located internal to the site in an enclosed structure that is accessible by Regional waste disposal vehicles or by incorporating a compact Molok system that could be located on a landscaped island. Residents have requested to be consulted during the site plan approval process. Although certain design aspects are established through the zoning process (i.e. uses, building height and setbacks), residents may review such matters as fencing and landscaping details at the site plan approval stage. FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative in that it uses an infill opportunity for a multiple unit development that diversifies housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Perspective Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce Attach. S:\PDR\2020\PBD-2020-25, AM-2019-024, 6622 and 6660 McLeod Road, Zoning By-law Amendment.docx Page 57 of 398 6 PBD-2020-25 June 23, 2020 SCHEDULE 1 Page 58 of 398 7 PBD-2020-25 June 23, 2020 SCHEDULE 2 Page 59 of 398 8 PBD-2020-25 June 23, 2020 SCHEDULE 3 Page 60 of 398 Address: 6622 and 6660 McLeod Road Applicant: M5V Inc Proposal: To permit four 3 -Storey apartment buildings Zoning By-law Amendment Application AM-2019-024 Page 61 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Apartment Building Detached Dwellings Detached dwellings Apartment Buildings PROPOSED DEVELOPMENT Page 62 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan McLeod Road Page 63 of 398 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Permit 4 apartment buildings Side yard width 5 metres Rear yard depth 6.5 metres Landscaped open space 35 % Side yard width –3 metres Minimum lot area –85 sq.m/unit Building Height –10.5 metres -complies Front yard depth – 4.5 metres Parking –1.25 sp/unit McLeod Road Page 64 of 398 A GREAT CITY…FOR GENERATIONS TO COME Perspective Page 65 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested a zoning amendment for a 0.56 ha (1.4 ac) parcel of land to permit the development of four, 3-storey apartment buildings, creating 60 units. •Land is zoned Residential Low Density, Grouped Multiple Dwellings (R4) which permits townhouses or low-rise apartments. •Applicant is requesting the land be rezoned to Residential Apartment 5C Density (R5C) zone, with site specific regulations and to permit 4 apartment dwellings on one parcel. Page 66 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background NEIGHBOURHOOD OPEN HOUSE •Held on February 19, 2020 and attended by 5 neighbours, the applicant, and applicant’s planner. •Neighbours concerns raised about: –Shadowing impacts; proximity of the waste enclosure; potential impacts on property values; drainage; snow storage; landscaping, lighting, and consultation during site plan process. •Drainage need to be engineered to contain storm water on-site to avoid adverse impact on surrounding neighbours. •Outdoor lighting to be directed away from abutting properties; •Wood fencing and landscape plantings to buffer neighbours. •Sewer easement restricts placement of buildings and ability to provide greater setbacks. •Current zoning would permit buildings of similar height and setback Page 67 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •Subject land is within the City’s Built-Up Area, which satisfies Provincial policy of 40% of all residential development to occur within the Built-Up Areas. •Appropriate range and mix of housing types is to be provided, which is also satisfied as the apartment buildings are a form of residential intensification promoted by the Province and the proposed units will provide housing options. OFFICIAL PLAN •Designated Residential and located within the McLeod Road Intensification Corridor. •4 to 8 storey apartment buildings are anticipated. •Design criteria is intended to mitigate impacts on surrounding area and provide for an attractive design. Page 68 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis OFFICIAL PLAN con’t •Proposal complies with Official Plan as follows: –Development has a density of 105 un/ha which is within the range established in the policies –Building height of 3 storeys is consistent with surrounding development and assists in achieving compatibility with neighbourhood. –Buildings are proposed close to the street to engage the street frontage consistent with the design policies for apartment buildings –Rear yard depth of 7.9 m is a modest reduction from the target of 10.6 m. –Proposed building should not cast shadows on adjacent dwellings due to the separation distance between the building and the dwellings. –The narrow profile of the building will reduce the potential overlook and loss of privacy. Page 69 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis ZONING BY-LAW •Departures from standard zoning regulations can be supported for the following reasons: –Standard lot area regulations of the R5C zone would permit 56 units; lot area reduction will allow a density consistent with the Official Plan and allow 60 units. –Reduction to front yard depth creates a more urban form with a landscaped front yard. –Reduction in rear yard depth can be supported as the mechanical room will be a small 1 storey structure that will not impact adjacent residences. It is recommended that the portion of the building extending into the rear yard be limited to 1 storey. –Westerly side yard reduction to 3 m will not adversely impact adjacent apartment building. –Requested reduction to easterly side yard setback of 0.25 m will not be noticeable. –Requested 1.25 sp/un parking standard will reduce parking spaces from 84 to 75 but is acceptable as units are located next to a bus route so alternate transportation is available; the ratio is within standards of Transportation Engineers Parking Manual. –Recommended that waste disposal enclosure be relocated and this area be landscaped to buffer adjacent residences from the apartment building. A 5 m wide landscape strip be secured along the east property line and other buffers along abutting properties .Page 70 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis SITE PLAN •Development is subject to site plan control. •At site plan approval stage, detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. •Waste disposal enclosure should be relocated away from abutting residences and perhaps internal to the site in an enclosed structure that is accessible by Regional waste disposal vehicles or be incorporating a compact Molok system. •Residents have requested to be consulted during the site plan approval process. Page 71 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion RECOMMEND APPLICATION BE APPROVED •The amendment is recommended for the following reasons: –Conforms to Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City, will assist in meeting City’s intensification targets, and will provide additional housing choices for residents. –Complies with the City’s Official Plan with respect to density and built- form anticipated within the McLeod Road Intensification Corridor. –Provided the waste disposal enclosure is relocated to an internal location, the development is compatible with adjacent residential development in terms of building height and setbacks; and, –Requested R5C zone permits an apartment building and existing and requested regulations are appropriate to ensure the development will be compatible with surrounding properties. Page 72 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approved the Zoning By- law amendment application to rezone the land a site specific Residential Apartment 5C Density (R5C) zone to permit four, 3 storey apartment buildings with a total of 60 units, subject to the regulations outlined in staff report PBD- 2020-25. 2.That Council direct interested residents be consulted during the site plan process.Page 73 of 398 nmzsms<m..3:m 3.93.:>_mxIm«_o<=n: mm..."i.:_.3m<.rim1.No.8Sm>_<_ ._.99:3?<m.2o:m.nmzmayEn?>:3m2waam mz?mnn>_<_-~3m,o§ .....1.o.._m3m_Bmmmmmm.......y 303.. _ .. cam~Bm.om.?mumP3.Ami?omae +9 m_§.m2..zm_ zognmom>uu=nmqo:m,xm3onm_m.mn:.oan_u:_u=mQ3.no::n___<_mm=:o3..MNuczmbo E_<_m<o_.:30.0%.: ?._m:_a31Sign1m:3m8m_mmm_A2::3m8...:35.::5muuzomzozmowmNoasm$.92>3m:g3m3SqEm35% _o$amanmmmwm.mmmo_<_n_moa29>2.Emacs_n=m>_<_,~8m.oE23%<5:cm3.2m3mno__Sn__onMNE:m\No. ZmmamznmG..233_”m=mm.3mm..:m_.<3::2azamzaao:«cmn.€m_.gmmg:2%mm<m_ou3m3.on ampm$38Emmzeaam3;.nGum:xocmmSmmazm3Q2_._m__SrmnmEm:33am?zm£85Emmm<m_cu3m3m. <<m_.mmc_.m8mmxm3:339.3ncmmzozm.>mEm:Em:3Emo_E.o::::<8Bmma2::3m25cm<m_oum_.mW2.5.: n_m_:§zmmzémm<<m___.._.o3EmzammaEmzsimman?2283u=3m3m8>:%m<<ménmQ2EmssmxN2:0asm: mxmm__m:.2.o_o3osmiumEmBmmzsm. 2EHEmmgzmEmmnm?mmSm2mm:2ouuommm.8Em:mnuznmaozw.Emamwzuqmmmma23.Emamm?:omEmm.:=n__:mm. ._.:m2%moan.:0:sm_.mn:m,#masaw.33mg:Snrammmosm033m:~mno33m3._m:o_..m3no::n__Em:Emzmmsmoa cm_:m_:mma_3:3asEm:uxommmmman.2:: _ 55:3cmdos??cmaozcmczmmzSm2.2magom<m_oumG3.:3 nwonmmm. Emn_m<m_oum32:33:Emszm?<<m_\m_\mnmu:<m.82%_.mno33m=m_m¢o:_c_m_:m52.5335mmamxmco:89.2 no:: 39m23.8o.a>3.:8:o:Wxm3n;mm.m23:_n38.5_<_mm::m_m$m1<<mqmnm2mm$03>_mx:_m:o<.n:mamaEmNo _<§__/No:m58m3o&m1.8vmiaum?m3:5..m3onm23.3Bmmmzm _ Sosa:m<m.8mmsmms23:.8E:.538:8 M xmmw?mw<3::5Q23oamlo382$.Sm?cmaosmoz:928cmm.3<Sau?m?owu_8_._m.8E:um?mEn:m:03.,. m:c3_mm8:._:m<mmm:.__mm3»:.8E:333:ucaoomm. _<_<8:32§23£_o:W -M.W8:.“_.<§m_.m.33333*Emno=.é_mao::52.8Bus Pdnmmm asmzxm mS<mam mmom_<m° Ez._ EB _u_v>ZZ_ZO. m._um<mroE<_mz._.Page 74 of 398 PBD-2020-30 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-30 AM -2019-026, Zoning By-law Amendment Application 5906, 5916 and 5928-5930 Dunn Street Proposal: 6 Storey, 102 Unit Apartment Building Applicant: 2708414 Ontario Inc. (Harinder Gahir) Agent: Emilio Raimondo, Raimondo and Associates Architects RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5C Density (R5C) zone to permit a 6 storey, 102 unit apartment building, subject to the regulations outlined in this report. EXECUTIVE SUMMARY 2708414 Ontario Inc. (Harinder Gahir) has requested a Zoning By-law amendment for three parcels of land known as 5906, 5916 and 5928-5930 Dunn Street. The applicant requests the land to be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to permit the construction of a 6 storey, 102 unit apartment building. The amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents; Provided the proposal is revised to shift parking to the rear yard and bring the building closer to Dunn Street, the proposed development complies with the City’s Official Plan with respect to the density and built form anticipated within the Dunn Street Intensification Corridor; The development is compatible with adjacent residential development in terms of building height and setbacks; and Provided a maximum front yard setback is established and front yard landscaping secured, the requested R5C zone permits an apartment building and existing and requested regulations are appropriate to ensure the development will be compatible with surrounding properties. The development will be subject to Site Plan Control. Through this process servicing, grading, tree preservation and screening and appropriate lighting will be addressed. BACKGROUND Proposal 2708414 Ontario Inc. (Harinder Gahir) has requested a Zoning By-law amendment for three parcels of land known as 5906, 5916 and 5928-5930 Dunn Street, totalling 1.02 hectares (2.59 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 6 storey, 102 unit apartment building on the land. Page 75 of 398 2 PBD-2020-30 June 23, 2020 Schedules 2 and 3 show details of the proposed development. The lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4-1064) in part, and Residential Two (R2-1065), in part, in accordance with Zoning By-law No. 79- 200, as amended by Zoning By-law No. 2018-74, which permits 37 townhouse dwelling units on a portion of the lands and recognizes the semi-detached dwelling on the balance of the lands. The applicant is requesting the land be rezoned to the Residential Apartment 5C Density Zone (R5C), with a site specific parking regulation of 1.29 spaces per dwelling unit. A vacant land condominium to create units for the townhouse dwellings originally proposed on the lands, has been draft approved by Council. Site Conditions and Surrounding Land Uses The subject lands are occupied by 2 detached dwellings, an abandoned building and large landscaped areas with mature trees. The lands are surrounded by two detached dwellings and townhouse dwellings to the west, a tourist serving parking area to the east and south and the former Niagara College campus to the north. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposal will result in a more efficient use of underutilized parcels in the urban area. A future site plan application will require the submission of a sanitary sewer servicing brief to assist in determining wet weather sanitary capacity and mitigation measures as well as a stormwater management brief to demonstrate runoff will be captured and treated. The site plan identifies waste collection will be via a Molok System which does not align with the Region’s waste collection system. This method will require a private waste collection contractor. Municipal Works No objections to the rezoning. The submission of servicing/grading plans, and a stormwater management report will be required at the site plan stage. Transportation Services No objections. The requested parking rate of 1.29 spaces per unit aligns with the published rate in the Institute of Transportation Engineers Parking Generation Manual. A 0.91 metre wide widening along the frontage of the properties is required. Fire Services, Building Services No objections to the rezoning. T he provision of fire safety and compliance with the Ontario Building Code will need to be demonstrated at the site plan and Building Permit stages. Page 76 of 398 3 PBD-2020-30 June 23, 2020 Parks Design No objections. The incorporation of mature trees that exist on the property in to the development is encouraged. Cash-in-lieu of parkland dedication in the amount of 5% of the property value will need to be paid at the Building Permit stage. Legal Services No objections. Neighbourhood Open House A remote electronic open house was held on May 12, 2020. No neighbours participated to hear about the proposal or to provide comments. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial Growth Plan currently requires a minimum of 40% of all residential development occurring annually to be in Built-up Areas. The subject lands are located within the City’s Built-up Area as shown on Schedule A-2 to the Official Plan and are in an area where intensification is directed. The proposed apartment building is a form of residential intensification promoted by the Province. In addition, the development will provide additional units to diversify housing options in the area. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan and are located within the Dunn Street Intensification Corridor. Apartment buildings with densities up to 100 units per hectare and heights up to 6 storeys are permitted, subject to a set of design criteria intended to mitigate impacts on surrounding development, and provide for attractive design. These design criteria direct that buildings should engage the streetscape with the use of podiums or landscaping ; parking should be located in the structure parking garages or in the side and rear yards; setbacks should be employed to mitigate impacts on surrounding uses ; and articulated built form and cladding used to mitigate the impact of a taller building. The lands are subject to Special Policy Area 72, which also permits the lands to be developed with the previously proposed townhouse dwellings. The current proposal does not conflict with this Special Policy Area designation. The proposal conforms to the Official Plan as follows: The proposed development has a density of 99 units per hectare and building height of 6 storeys, in compliance with the Dunn Street Intensification Corridor policies; and Appropriate setbacks and landscaping are utilized to buffer and mitigate impacts on adjacent low-rise development and assist in providing an attractive streetscape. Page 77 of 398 4 PBD-2020-30 June 23, 2020 To ensure conformity with the intensification corridor policies staff recommend the following design changes be undertaken: Moving the building closer to the street by shifting the parking area proposed between the street and the building to the rear of the site. This will result in a design that is more consistent with the established streetscape of Dunn Street and does not reduce the provision of parking; and Incorporate changes in cladding or architectural detail to assist in mitigating the building’s height. This detailing can be addressed at the site plan stage. 3. Zoning By-law The lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4-1064),in part, with site specific regulations permitting 37 townhouse dwelling units, and Residential Two (R2-1065), in part, to recognize the existing duplex dwelling on the property. The applicant has requested a Residential Apartment 5C Density (R5C) zone which permits apartment buildings at a density up to 100 units per hectare. The applicant has requested a reduction in parking requirements from 1.4 spaces per dwelling unit to 1.29 spaces per dwelling unit. This would result in 13 fewer parking spaces for the development. Staff have no objects to this request as alternative forms of transportation are available to residents. As the lands are situated on a bus route and are within easy walking distance to a major employment area (the tourist district) and a variety of neighbourhood serving commercial facilities. As discussed earlier it is recommended the building be moved closer to the street to achieve compatibility with the Dunn Street streetscape. An 8.3 metre wide landscape strip, after road widenings, is identified on the site plan. It is recommended the amending by-law provide for a minimum front yard depth of 7.5 metres (per the standard R5C zone) and a maximum front yard depth of 12 metres (to provide design flexibility). In addition, the amending by-law should secure the landscaped open space strip (equivalent of the minimum front yard depth) shown on the site plan. 4. Site Plan The development will be subject to site plan control. At the site plan approval stage detailed servicing and grading plans, landscape plans (incorporating preservation of existing trees where appropriate) and lighting plans will be reviewed and approved. Wood fencing and plantings are to be used to ensure abutting properties are screened from the development. Further cladding and architectural details to mitigate the impact of the taller building should be addressed at this stage. As noted earlier, a vacant land condominium for 37 townhouse dwelling units has been draft approved by Council, however conditions of draft approval have not been cleared. If the proposed zoning application is approved, conditions will not be able to be cleared and final approval of this condominium will not be granted. The condominium approval is set to expire in July 2021 as per the lapsing date approved by Council; therefore no further action on this condominium is required. Page 78 of 398 5 PBD-2020-30 June 23, 2020 FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative in that it uses an infill opportunity for a multiple unit development that diversifies housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Perspective Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:gd Attach. S:\PDR\2020\PBD-2020-30, AM-2019-026, 5906, 5916 and 5928-5930 Dunn Street, Zoning By-law Amendment.docx Page 79 of 398 6 PBD-2020-30 June 23, 2020 SCHEDULE 1 Page 80 of 398 7 PBD-2020-30 June 23, 2020 SCHEDULE 2 Page 81 of 398 8 PBD-2020-30 June 23, 2020 SCHEDULE 3 Page 82 of 398 Address: 5906, 5916 and 5928 -30 Dunn Street Applicant: 2709414 Ontario Inc . Proposal: To Permit 6 Storey, 102 unit apartment building Zoning By-law Amendment Application AM-2019-026 Page 83 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Townhouses Detached dwellings Detached dwellings Apartment buildingsPROPOSED DEVELOPMENT Parking lot Former Niagara College Page 84 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 85 of 398 A GREAT CITY…FOR GENERATIONS TO COME Perspective Page 86 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested a zoning amendment from R4 and R2 to R5C. •The land totals 1.02 ha ( 2.59 ac). •The applicant proposes to develop a 6-storey, 102 unit apartment building with special provisions for a reduced parking standard. NEIGHBOURHOOD OPEN HOUSE •Was held on May 12, 2020 •No neighbours participated to hear about the proposal or to provide comments. Page 87 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •Provincial Growth Plan requires 40% of all residential development to be in Built-Up Areas. •Subject lands are located within the City’s Built-Up Area and will assist the City in meeting intensification targets. OFFICIAL PLAN •Lands are designated Residential •Proposed development has a density of 99 units/hectare and building height of 6 storeys, in compliance with the Dunn Street Intensification Corridor policies; and •Appropriate setbacks and landscaping are utilized to buffer and mitigate impacts on adjacent low-rise development and assist in providing an attractive streetscape.Page 88 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law •Currently zoned Residential Low Density, Grouped Multiple Dwellings (R4 - 1064) in part, and Residential Two (R2-1065) in part which permits 37 townhouse dwelling units on a portion of the lands, and recognizes the semi-detached dwelling on part of the lands. •Applicant has requested a reduction in parking requirements from 1.4 spaces per dwelling to 1.29 spaces resulting in a reduction of 13 parking spaces. •Staff have no objections as this standard is within Transportation Engineers Parking Manual standards and is on a transit route which provides an alternative form of transportation. •It is also recommended that the building be moved closer to the street to better achieve compatibility with Dunn Street streetscape.Page 89 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Site Plan •Development is subject to site plan control •At site plan approval stage, detailed servicing and grading plans, landscape plans, including tree preservation, and lighting will be reviewed and approved. •Wood fencing and plantings are to be used to ensure abutting properties are screened. •Further cladding and architectural details to mitigate the impact of the taller building should be addressed at this stage. Page 90 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion RECOMMEND APPLICATION BE APPROVED The amendment is recommended for the following reasons: •Proposed development conforms to Provincial and Regional policies; will assist the City in meeting its intensification targets, and will provide additional housing choices for residents’. •Complies with Official Plan height and density policies for the Dunn Street Intensification Corridor. •Provided the building is brought closer to Dunn Street and parking is shifted to the rear yard, the proposed development complies with the City’s Official Plan and provides better streetscape compatibility. •Development is compatible with adjacent residential development in terms of building height and setbacks.Page 91 of 398 A GREAT CITY…FOR GENERATIONS TO COME RECOMMENDATION •That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5C Density (R5C) zone to permit a 6 storey, 102 unit apartment building subject to the regulations outlined in the staff report, PBD 2020-30.Page 92 of 398 nm_.3m:<m.:,o:m 30::>38:waam mm:.n:Ea%.<.Z3MymemoNamEs ._.o"9:32.<m.2.o:m u:E.2n«<5Noisemimé>3m:a3m2>_8...__8:o:§_<_-No$.o~m Emmmm35¢33mno::n=mmmzgmElczmB. m..o_...:n .1<:.<.::5:7. 4 V mmsn1:335_<_m<Mm.88N3as ...o“>_mxIm1o<:o:Am:m1o<:o:©:_mmmS3__m.$vM>332w«<8Am§<nm©:_mmm$3__m_8v €32:No:_.:wm<._m<<>3m:m3mi>Eu__8zo:§_<_.~o$.o~m _.:Ema?_ _.mnm_<mam32.2..3m6_o=8:o:BmmzzmEmmwazmEmm_...o<m,:oSo_u_6_om:<. _o<<::5u_.o_om2<_onm8g3..>m<<m__mm9:?u_.oum2_mmn_ommnoEmmcEmQnwoumn?9: so»108macaw:3umum:omEm33.8Ednmmm. Sauce;Eau_.o_.mQ88¢.25mm.6:9.1.?c.:mScmmmog-mm:m.:<<3u3<mEm_OO_A305.: mymancmnosmr?mi2::9m3:3:9232%o:U55E32$3:3m3_.m<_uEE_:mm. .2_m:_A<oc. moi3.03Ocaoow mmom_<mu E2 _ c88 _u_.>z2_zm 9_um<m_.oE<_mza Page 93 of 398 PBD-2020-26 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-26 AM -2019-025, Zoning By-law Amendment Application 5933-5939 and 5975 McLeod Road Proposal: 7 Storey, 104 Unit Apartment Building Applicant: PES Holding Inc. (Preston Shorey) Agent: Michael Allen, ACK Architects RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5E Density (R5E) zone to permit a 7 storey, 104 unit apartment building subject to providing a minimum of 1.25 parking spaces per dwelling unit, and subject to the other regulations outlined in this report; and 2. That Council approve the request to pass a by-law to deem Lots 35, 36 and 37 and Part of Lot 34, Plan 67 to not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. EXECUTIVE SUMMARY PES Holding Inc. (Preston Shorey) has requested a Zoning By-law amendment for three parcels of land known as 5933-5939 and 5975 McLeod Road. The applicant requests the land be rezoned to a site specific Residential Apartment 5E Density (R5E) zone to permit the construction of 7 storey, 104 unit apartment building. The amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies as it intensifies the use of land within the Built-Up Area of the City identified for intensification and will provide additional housing choices for residents; The proposed development conforms with the City’s Official Plan with respect to the density and built form anticipated within the McLeod Road Intensification Corridor; Substantial setbacks from adjacent low density residential and ample landscaping will assist in maintaining compatibility with adjacent low density residential uses; and Provided a minimum of 1.25 parking spaces per dwelling unit is required, t he regulations in the requested R5E zone are appropriate to ensure the development will be compatible with surrounding properties. The development will be subject to Site Plan Control. Through this process servicing, grading, tree preservation and planting and confirmation of wet weather sanitary servicing capacity for the development will be addressed. Deeming the lands to no longer be in a plan of subdivision is appropriate as they are not intended to be developed as individual lots, but rather as one parcel. Page 94 of 398 2 PBD-2020-26 June 23, 2020 BACKGROUND Proposal PES Holding Inc. (Preston Shorey) has requested a Zoning By-law amendment for two parcels of land known as 6033-6039 and 6075 McLeod Road, totalling 0.76 hectares (1.9 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 7 storey, 104 unit apartment building on the land. Schedules 2 and 3 show details of the proposed development. The lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4 and R4- 40) and Residential Apartment 5B Density (R5B-299), in accordance with Zoning By-law No. 79-200 as amended, which permits the development of the lands for townhouses or low-rise apartments. The applicant is requesting the land be rezoned to Residential Apartment 5E Density (R5E), with site specific lot area, side yard width, building height, parking, landscaped open space and maximum balcony projection into a required yard regulations, to permit the proposed development. Site Conditions and Surrounding Land Uses The subject lands are vacant and occupied by a number of mature trees. The lands are surrounded by semi-detached dwellings to the north, a mix of detached, semi-detached and multiple unit dwellings to the east, a clinic and associated parking to the west and vacant lands zoned for a hotel to the south. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposal is within an area identified for intensification and will make more efficient use of underutilized parcels. A future site plan application will require the submission of a sanitary sewer servicing brief to assist in determining wet weather sanitary capacity and mitigation measures as well as a stormwater management brief to demonstrate runoff will be captured and treated. A noise study was provided with the application and recommended mitigation measures to address noise from McLeod Road. Mitigation measures and warning clauses should be incorporated into a future site plan or condominium agreement. A road widening, to bring the width of the McLeod Road right of way up to 30.5 metres, will be required. Specific dimensions of the widening are to be confirmed by a surveyor. Municipal Works No objections to the rezoning. The submission of servicing/grading plans, stormwater report and a functional servicing brief, to determine the property Page 95 of 398 3 PBD-2020-26 June 23, 2020 can be adequately serviced and drainage impacts on surrounding properties will be mitigated, will be required at the site plan stage. Transportation Services Transportation Services are not supportive of the requested parking ratio of 1.1 spaces per unit. A reduced parking ratio of 1.25 spaces has been established elsewhere in the City and can be supported here. Fire Services, Building Services No objections to the rezoning. T he provision of fire safety and compliance with the Ontario Building Code will need to be demonstrated at the site plan and Building Permit stages. Parks Design No objections to the rezoning. A tree preservation plan submitted with the application identified a number of trees that should be saved and incorporated into the development. Cash-in-lieu of parkland dedication in the amount of 5% of the property value will need to be paid at the Building Permit stage. Legal Services No objections. It is noted that a portion of the lands are lots in a plan of subdivision which have not merged. Neighbourhood Open House A neighbourhood open house was held on March 2, 2020 and attended by the applicant, the applicant’s architect and 7 neighbouring residents. The residents expressed concerns about the height of the building and its potential impacts on shadowing and loss of privacy, traffic and parking impacts, asked about landscaping and fencing and whether there was enough sewage capacity for the development. The applicant’s planner noted that the building was well removed from nearby residences and that it would not cause shadowing impacts. A large landscaping strip was proposed along the rear property line to preserve trees and allow room for new trees to screen abutting residences. It was noted a parking study was submitted with the application to defend the requested parking ratio. In addition Planning staff noted that servicing capacity would need to be demonstrated at the site plan stage t hrough a study, and that the Region would assign servicing capacity at this stage. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial “A Place to Grow” Plan current requires that a minimum of 40% of all residential development occurring annually be in Built-up Areas. The subject lands are located within the City’s Built -up Area as shown on Schedule A-2 to the Page 96 of 398 4 PBD-2020-26 June 23, 2020 Official Plan and are in an area where intensification is directed to. The proposed apartments are a form of residential intensification promoted by the Province. In addition, the development will provide a range of unit sizes to diversify housing options in the area. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan and are located within the McLeod Road Intensification Corridor. Apartment buildings are anticipated with densities and building heights ranging from 65 units per hectare and 4 storeys at the Corridor’s west end (near Dorchester Road) to 150 units per hectare and 8 storeys at the Corridor’s east end (near Stanley Avenue). Such development is to conform to a set of design criteria intended to mitigate impacts on surrounding development, and provide for attractive design. The proposal conforms to the Official Plan as follows: The development has a density of 136 units per hectare. Given the site’s location close to Stanley Avenue the proposal is in compliance with the range of density and building heights anticipated along the McLeod Road Intensification Corridor; The proposed building provides a rear yard setback of 35 metres, which is well in excess of the building height of 23 metres. The setback is in excess of setbacks mandated by the policies and will ensure nearby residences are not impacted by the building in terms of shadowing; The proposed building has been sited close to McLeod Road and designed with an attractive streetscape to engage the street frontage per the design policies for high density buildings; and A number of mature trees are proposed to be retained along Alex Avenue and the rear lot line. This aligns with policies encouraging the retention of trees and incorporation of them within development proposals. 3. Zoning By-law The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4 and R4-40) and Residential Apartment 5B Density (R5B-299) in accordance with Zoning By-law No. 79-200. The site specific zones permit apartment buildings with 25 and 18 units respectively, while the R4 zone p ermits either apartment buildings or townhouse dwellings. The applicant has requested a Residential Apartment 5E Density (R5E) zone which permits apartment buildings at a density up to 150 units per hectare. The departures requested from the standard R5C regulations are summarized in the following table: R5C ZONE STANDARD REGULATION PROPOSED REGULATION Minimum lot area 67 sq. m./unit 73 sq. m./unit Minimum landscaped open space 50% of the lot area 31% of the lot area Maximum building height 25 metres 23 metres Number of parking spaces per unit 1.4 spaces/unit 1.1 spaces/unit Page 97 of 398 5 PBD-2020-26 June 23, 2020 Maximum balcony projection into an exterior side yard 0.45 metres 1.52 metres The following departures from the standard regulations can be supported for the following reasons: The adjustments in lot area and building height reflects the number of units and building height proposed; The reduction in landscaped open space is acceptable as landscaping has been positioned to provide buffering along adjacent properties and streets and to maximize tree protection. It is noted that the amenity area under the building projection along Alex Avenue is not counted as landscaped open space under by-law regulations; and The increased balcony projection into the exterior side yard (along Alex Avenue) is minor in nature; The requested parking ratio would reduce the number of parking spaces to be provided from 145 to 114, though 123 spaces are proposed to be built. Staff have a concern with the amount of the reduction, as there is limited opportunity for on- street parking should if visitor parking demand exceeds parking available on the property. Staff recommend a minimum parking standard of 1.25 spaces per unit be implemented. This standard has been used elsewhere in the City, including proposals along McLeod Road, and provides a balance between the reduction sought by the applicant and proposed in their parking demand analysis, and ensuring sufficient parking is provided. It is noted that the recommended parking standard would require 7 additional spaces. As there is limited room to locate these spaces (unless structured parking is incorporated) and staff do not recommend reducing landscaping further, a minor reduction in the number of units may be necessary. Staff also recommend the proposed rear yard depth of 35 metres be incorporated into the amending by-law, to ensure separation from nearby residences is maintained. 4. Site Plan The development will be subject to site plan control. At the site plan stage detailed servicing and grading plans, landscape plans (including preservation of trees identified in the tree preservation plan) and lighting plans will be reviewed and approved. Wood fencing and plantings are to be used to ensure abutting properties are screened from the development. To ensure that suffic ient capacity in the existing system assignment of sanitary sewer capacity will occur at this time. 5. Deeming By-law The subject lands are comprised of three whole lots and part of a fourth lot in a registered plan (Lots 35, 36 and 37 and Part of Lot 34, Plan 67) as well as part of a township lot. The whole lots were intended to be developed separately. The development depends on these lots. To achieve this, the applicant has requested the City pass a “deeming by-law”. A deeming by-law removes the special status granted to lands within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of such a by-law would merge the subject properties and allow them to be developed as one parcel. This should be completed concurrent with the passage of the amending by-law. Page 98 of 398 6 PBD-2020-26 June 23, 2020 FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the Diverse and Affordable Housing initiative in that it uses an infill opportunity for a multiple family development that diversifies housing composition in the neighbourhood. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Front Elevation Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:gd Attach. S:\PDR\2020\PBD-2020-26, AM-2019-025, 5933-5939 and 5975 McLeod Road, Zoning By-law Amendment.docx Page 99 of 398 7 PBD-2020-26 June 23, 2020 SCHEDULE 1 Page 100 of 398 8 PBD-2020-26 June 23, 2020 SCHEDULE 2 Page 101 of 398 9 PBD-2020-26 June 23, 2020 SCHEDULE 3 South and West Elevations North and East Elevations Page 102 of 398 Address: 5933-5939 and 5975 McLeod Road Applicant: PES Holding Inc. Proposal: To permit 7 Storey, 104 unit apartment building Zoning By-law Amendment Application AM-2019-025 Page 103 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Vacant -zoned for a hotel Dental office Vacant –zoned Tourist Commercial Detached and Semi-detached dwellings PROPOSED DEVELOPMENT Page 104 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 105 of 398 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Permit projection of 1.52 metres into ext. side yard Rear yard depth –33 metres -complies Reduce minimum landscaped open space –from 50% of lot area to 30 % Exterior side yard width –3 metres -complies Increase building height from 22 metres to 23 metres Reduce parking from 1.4 sp/unit to 1.1 sp/unit Front yard depth – 7.5 metres - complies Page 106 of 398 A GREAT CITY…FOR GENERATIONS TO COME Perspective Page 107 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •A Zoning By-law amendment application has been requested for 0.76 ha (1.9 ac) of land to permit the development of a 7 storey, 104 unit apartment building. •Lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4 and R4-40) in part, and Residential Apartment 5B Density 9R5B-299) in part. •The zoning would permit an 18 unit apartment building on a portion of the lands and townhouses or low-rise apartments on the balance of the land. •Applicant is requesting the land be rezoned to Residential Apartment 5E Density (R5E) with site specific regulations for lot area, side yard width, building height, parking, landscaped open space and maximum balcony projection into a required yard. •A deeming by-law will be necessary to merge the lots into one parcel for development. Page 108 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background NEIGHBOURHOOD OPEN HOUSE •Held on March 2, 2020 and the attended by the applicant, applicant’s architect and 7 neighbouring residents. •Concerns were raised as follows: –Height of the building and potential impacts on shadowing and loss of privacy; –Traffic and parking impacts; –Landscaping and fencing; –Sufficient sewage capacity. •Building is well removed from nearby residences and would not cause shadowing impacts; •Large landscaping strip is proposed along rear property line to preserve trees and allow room for new trees to screen abutting residences; •Parking study submitted defended the requested parking ratio; •Servicing capacity would be demonstrated at Site Plan stage through a study and the Region would assign servicing capacity at that stage.Page 109 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis PROVINCIAL POLICIES •Provincial policy requires a minimum of 40% of all residential development is to occur in Built-Up Areas. •Proposed apartment building is a form of residential intensification promoted by the Province and will provide a range of unit sizes to diversify housing options in the City. •Proposal will help meet the intensification target. Page 110 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis OFFICIAL PLAN •Proposal complies as follows: –Lands are designated Residential. –The proposal has a density of 136 un/ha which is in compliance with the range of density and building heights anticipated along McLeod Road Intensification Corridor. –A rear yard setback of 35 m is in excess of the building height of 23 m. ensuring the building will not shadow nearby residences; –Building will be close to McLeod Road and designed to engage the street frontage per the design policies for high density buildings; –Number of mature trees are to be retained along Alex Avenue and the rear lot line, aligning with the policies that encourage the retention of trees and incorporating them into the development proposals. Page 111 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis ZONING BY-LAW •The R5C zone has been requested for the 7 storey, 104 unit aptbuilding. •The departures from the standard zoning regulations can be supported for the following reasons: –Adjustments in lot area and building height reflects the number of units and building height proposed; –Reduction in landscaped open space is acceptable as landscaping has been positioned to provide buffering along adjacent properties and streets and to maximize tree protection; –Increased balcony projection into the exterior side yard, along Alex Ave is minor in nature. –Requested parking ratio would reduce the number of parking spaces from 145 to 114, although 123 spaces are proposed to be built. –The proposed 1.1 parking spaces per unit is of concern as there is limited street parking. Staff are recommending a minimum parking standard of 1.25 spaces per unit. This standard has been accepted on transit routes in the past. The recommendation would require a reduction of 5 dwelling units or an increased number of parking spaces. –Staff are recommending the proposed rear yard depth of 35 m be included in the amending by-law to ensure a generous separation from nearby residences. Page 112 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis SITE PLAN •Development will be subject to site plan control; •Detailed servicing and grading plans, landscape plans, (including preservation of trees identifIed in the tree preservation plan) and lighting plans will be reviewed and approved. •Wood fencing and plantings are to be used to screen abutting properties Assignment of sanitary sewer capacity will occur at the time of site plan approval; •Parkland dedication will occur at the site plan approvals stage as well. DEEMING BY-LAW •Subject land is comprised of three whole lots and part of a fourth in a registered plan as well as part of a township lot, with the whole lots intended to be developed separately. •Proposal depends on these lots being one parcel. •Requested deeming by-law would merge the subject parcels and allow them to be developed as one parcel. Page 113 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion RECOMMEND APPLICATION BE APPROVED •The amendment is recommended for the following reasons: –conforms to Provincial and Regional policies as it intensifies the use of land within the Built-Up Area and will provide additional housing choices. –Conforms to Official Plan with respect to density and built-form anticipated within the McLeod Road Intensification Corridor; –Substantial setbacks from adjacent low density residential and ample landscaping assist in maintaining compatibility with those residential uses; –Provided a minimum 1.25 parking spaces per dwelling unit are provided, the requested R5E zone and the requested regulations are appropriate to ensure the development will be compatible with surrounding properties and provide sufficient amenities. •The development will be subject to Site Plan Control where servicing, grading, tree preservation and planting and confirmation of wet weather sanitary servicing capacity will be addressed. •Deeming the lots to no longer be a plan of subdivision is appropriate as they are not intended to be developed as individual lots but one parcel. Page 114 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5E Density (R5E) zone to permit a 7 storey, 104 unit apartment building subject to providing a minimum of 1.25 parking spaces per dwelling unit and the other regulations outlined in the staff report PBC-2020-026; and, 2.That Council approve the request to pass a by-law to deem Lots 35, 36 and 37 and Part of Lot 34, Plan 67 to not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. Page 115 of 398 Proposed Development of 5933-5939 & 5975 McLeod Road, Niagara Falls SITE LOCATION EXISTING SITE CONDITIONS 5975 5933-5939 The proposed development comprises of two properties: 5933 -5939 & 5975 McLeod Road Conveniently operating as vacant land.Page 116 of 398 Proposed –Condominium / Apartment Building -7 Storey (23m) -104 Units -123 Surface Parking spaces Site Specific Rezoning Residential Apartment Density (R5E) PROPOSED SITE PLAN Proposed rezoning from R4/R5B to R5E with Site Specific Amendments: -Landscape Open Space 50% -> 34.5% -Parking Requirements 1.4 spaces/units -> 1.18 -Balcony projection into side yard 0.45m –> 1.52m Page 117 of 398 Proposed Site Plan PROPOSED SITE PLANPage 118 of 398 Landscape Plan PROPOSED SITE PLANPage 119 of 398 PROPOSED PLANS ARTIST CONCEPTS FIRST FLOORPROPOSED 104 UNIT –ONE & TWO BEDROOM UNITS RANGING FROM 820 –1050 SF Page 120 of 398 PROPOSED PLANS ARTIST CONCEPTS TYPICAL FLOOR PLAN (SECOND TO SEVENTH)PROPOSED 104 UNIT –ONE & TWO BEDROOM UNITS RANGING FROM 820 –1050 SF Page 121 of 398 PROPOSED SHADOW STUDY –SPRING EQUINOX MARCH SHADOW STUDIES 9AM 12PM 3PM Page 122 of 398 JUNE SHADOW STUDIES PROPOSED SHADOW STUDY –SUMMER SOLSTICE 9AM 12PM 3PM Page 123 of 398 SEPTEMBER SHADOW STUDIES PROPOSED SHADOW STUDY –FALL EQUINOX 9AM 12PM 3PM Page 124 of 398 DECEMBER SHADOW STUDIES PROPOSED SHADOW STUDY –WINTER SOLSTICE 9AM 12PM 3PM Page 125 of 398 4 STOREY APARTMENT BLD. –MCLEOD ROAD, NIAGARA FALLS 26m 7.6m 10m Illustration for Setbacks / Privacy 4 Storey Apartment 12m Away From Adjacent Residential Building Average Setback Per Floor: 3m / Floor 12m Page 126 of 398 3 STOREY APARTMENT BLD. –ST. PAUL AVE., NIAGARA FALLS 14m4.5m 3 Storey Apartment Building 14m Away From Adjacent Residential Building Average Setback Per Floor: 4.6m / Floor Page 127 of 398 14 STOREY APARTMENT BLD. -BUCKLEY AVENUE, NIAGARA FALLS 16m 25m 11m 14 Storey Apartment Building 25m Away From Adjacent Residential Building Average Setback Per Floor: 1.7m / Floor Page 128 of 398 PROPOSED CROSS SECTION 7 Storey Apartment Building 33.4m Away From Adjacent Residential Building Average Setback Per Floor: 4.77m / Floor Page 129 of 398 PROPOSED ELEVATIONSPage 130 of 398 PROPOSED ELEVATIONSPage 131 of 398 5933-5939 & 5975 McLeod RoadPage 132 of 398 ._.o5:0333m<moznmza <<mmwmsizzm8mxuwmmw9:..32.ouuom?oz.8mEduommaNoazm9:92m3m:a3m3mam am<m_oc3m3m?.$.$..$mmeamod_Sn_.moamama.5.2_n__m>_<_.~o$.oN$J ._.:muqouommgmm<m:m3«m<cS_&:m<<o:EUmno3mEm3:3»3:Smoz_<_n_.mommom?Eqmmmnozmm :_mEmTEm:Elms»wmmEm::m_a3mmm_«mmg<ozEm£33.EmcS_%:m20:3803o<m«Em ::3m.:mnmno33:::<.2.2.:o3mma__.mn:<8Emmmm?magmo:E3Emu3um3<oz>_mx><m::mmam Ixoznmsmnmimmn. 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HJHEEAH5:Page 136 of 398 PBD-2020-36 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-36 AM -2020-004, Zoning By-law Amendment Application 4189 Stanley Avenue and 5507 and 5513 Fraser Avenue Proposal: Use of Existing Building for a Place of Worship Applicant: Jason Brouwer, Brouwer Architecture (on behalf of Wellandport URC Missions) RECOMMENDATIONS 1. That Council approve the Zoning By-law amendment application to add site specific regulations to the Prestige Industrial (PI) zoning of the property to permit the existing building to be used as a place of worship and to recognize existing site conditions, as outlined in this report, subject to a holding (H) regulation to secure the filing of a Record of Site Condition (RSC) with the Ministry of Environment, Conservation and Parks (MECP) to the satisfaction of the Region of Niagara . 2. That Council approve the request to pass a by-law to deem Lots 25, 26, 44, 45, 46 and 47, Plan 31, not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. EXECUTIVE SUMMARY Jason Brouwer has requested a Zoning By-law amendment for three parcels of land known as 4189 Stanley Avenue and 5507 and 5513 Fraser Street . The applicant requests the land be rezoned to a site specific Prestige Industrial (PI) zone to site specifically add a place of worship to the list of permitted uses to permit the use of the existing building on the land for this purpose. The amendment is recommended for the following reasons : The proposed use conforms to Provincial policies with respect to development within an employment area; The proposed use complies with the City’s Official Plan with respect to ancillary uses on Industrial designated lands; and The requested PI zone will permit the adaptive reuse of a vacant building and recognize existing site conditions. BACKGROUND Proposal Jason Brouwer (on behalf of Wellandport URC Missions) has requested a Zoning By-law amendment for three parcels of land known as 4189 Stanley Avenue and 5507 and 5513 Stanley Avenue, totalling 0.3 hectares (0.75 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the existing building to be used as a place of worship. Schedule 2 shows how the site is developed. The land is zoned Prestige Industrial (PI), in accordance with Zoning By-law 79-200. The PI zone does not permit a place of worship. The applicant is requesting site specific Page 137 of 398 2 PBD-2020-36 June 23, 2020 regulations to be added to the zoning to add a place of worship to the list of permitted uses, to recognize the front yard depth and interior side yard width of the existing building and to recognize the landscaped open space that currently exists on the land. Site Conditions and Surrounding Land Uses The subject land is occupied by a vacant building and associated paring and landscaped areas. Historically, the building has been used as a restaurant which was a legal non- conforming use. The land is surrounded by a park and vacant industrial land to the east and a mix of detached dwellings and commercial/industrial uses (offices, automate uses, contractors and a private club) to the north, west and south. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections from a Provincial or Regional perspective. A Phase 1 Environmental Site Assessment was completed for the property, which concluded the environmental conditions justify the filing of a Record of Site Condition (RSC). Regional staff recommends a Holding (H) regulation be placed in the amending zoning by-law until the RSC has been filed with the MECP, however requiring an RSC through the Building Permit process would be acceptable. A 4.5 metre by 4.5 metre daylighting triangle at the corner of Stanley Avenue and Fraser Street is to be dedicated to the Region, should the development require a site plan approval. Municipal Works, Transportation Services, Legal Services No objections. Fire Services, Building Services No objections to the rezoning. A Change and Use Building Permit, addressing of fire safety and compliance with the Ontario Building Code will be needed prior to the building conversion. Neighbourhood Open House A remote electronic open house was held on May 14, 2020. No neighbours participated to hear about the proposal or to provide comments. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The property is within an employment area in accordance with the Provincial “A Place to Grow” Plan. Employment areas are intended to be used for clusters of business and economic activities and ancillary uses. A more efficient use of Page 138 of 398 3 PBD-2020-36 June 23, 2020 underutilized parcels is encouraged. The land has historically been used for an ancillary commercial purpose. The building has been vacant for some time. The conversion to another ancillary use will make better utilization of an underutilized property. 2. Official Plan The subject land is designated Industrial in the City’s Official Plan. Industrial lands are intended to be primarily used for industrial purposes. However, complementary land uses may be considered through zoning by-law amendments subject to a set of criteria to ensure the integrity of industrial lands is preserved and that they do not serve a significant commercial function. The proposal conforms to the Official Plan as follows: The property has long been used for a non-industrial purpose and no industrial potential will be lost. Given the size and layout of the property its use for complementary purposes is acceptable; The use that will foster a good impression of the community being located along an arterial road (Stanley Avenue); The proposed use is compatible with nearby residential and commercial uses; and As the property fronts onto Stanley Avenue, the City is readily accessible to many parts of the City. 3. Zoning By-law The property is currently zoned Prestige Industrial (PI) in accordance with Zoning By-law No. 79-200. A Committee of Adjustment Decision in 1995 (A-23/95) permitted the expansion of the former legal non-conforming restaurant. The applicant is a place of worship be site specifically added to the list of uses permitted on the property. The requested departures from the standard PI regulations, to recognize existing site conditions, are summarized in the following table: R5C ZONE STANDARD REGULATION PROPOSED REGULATION Minimum front yard depth 10 metres plus 13.1 m from the centreline of Stanley Avenue 7.6 m to main wall and 0 m to outdoor patio wall plus 11 m to the centreline of Stanley Avenue Minimum interior side yard width 3.5 m 0 m Minimum landscaped open space 67% of a required front yard and 67% of a required exterior side yard 5% of a required front yard (19 sq. m) and 35% of a required exterior side yard (182 sq. m) The requested site specific regulations can be supported for the following reasons: An appropriate adaptive reuse of a vacant building is proposed; Page 139 of 398 4 PBD-2020-36 June 23, 2020 The requested regulations reflect existing site conditions. Due to the insignificant amount of front yard landscaping proposed, Planning staff recommend that no front yard landscaping be required; As the current road width of Stanley meets Regional requirements there is no need to maintain the requirement for a centreline setback , and this setback can be eliminated; and Sufficient parking exists for the occupancy of the proposed use. The applicant’s environmental consultant has although there is no further environmental assessment work required, the environmental conditions of the land justify the filing of a Record of Site Condition (RSC) with the MECP. The Region recommends the RSC be secured by including a holding (H) regulation in the amending by-law per normal practice. The holding (H) regulation can be lifted once the MECP acknowledges the filing of the MECP, and the applicant can then obtain a Change in Use Building Permit to convert the building to a place of worship. 4. Deeming By-law The subject lands is comprised of six whole lots and part of a fourth lot in a registered plan (Lots 25, 26, 44, 45, 46 and 47, Plan 31). The proposed use depends on these lots functioning as one parcel. To achieve this, the applicant has requested the City pass a “deeming by-law”. A deeming by-law removes the special status granted to lands within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of such a by-law would merge the lots and allow them to be developed as one parcel. This should be completed concurrent with the passage of the amending by-law. FINANCIAL IMPLICATIONS There are no financial implications with the proposed use. CITY’S STRATEGIC COMMITMENT The proposal does not impact on any of Council’s strategic priorities. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:gd Attach. S:\PDR\2020\PBD-2020-36, AM-2020-004, 4189 Stanley Ave, 5507 and 5513 Fraser Ave, Zoning By-law Amendment.docx Page 140 of 398 5 PBD-2020-36 June 23, 2020 SCHEDULE 1 Page 141 of 398 6 PBD-2020-36 June 23, 2020 SCHEDULE 2 Page 142 of 398 Address: 4189 Stanley Ave, 5507 and 5513 Fraser St Applicant: Brouwer Architecture Inc. Proposal: To Permit Place of Worship Zoning By-law Amendment Application AM-2020-004 Page 143 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Light industrial, residential uses Park Vacant Lands Zoned Light IndustrialSUBJECT LANDS Page 144 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Interior Side yard width 0m Front yard depth 7.6m to main wall Front yard depth to Centreline of Stanley Ave 11m Landscaped Open space 5% front yard 35% exterior side yard Page 145 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •The lands are designated Industrial in the Official Plan. •Property is zoned Prestige Industrial (PI). •Historically the property has been used as a restaurant and a club . •The applicant is proposing to use the existing building as a place of worship. •Site specific regulations be added to the PI zoning to recognize existing site conditions. •Deeming by-law required for all three parcels to merge into one property. NEIGHBOURHOOD OPEN HOUSE •Held on May 14, 2020, remotely. •No neighbours participated or provided comments Page 146 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policy Statement and Growth Plan •The subject lands are within an employment area and intended to be used for clusters of business and economic activities and ancillary uses. •Lands have been historically used for an ancillary commercial purpose. •The conversion to another ancillary use will make better utilization of an underutilized parcel. Page 147 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan •Designated Industrial. •Complementary land uses may be considered through zoning by-law amendments. •Proposal conforms to Official Plan as follows: •has long been used for a non-industrial function and no industrial potential will be lost. •use will foster a good impression of the community along an arterial road. •Compatible with nearby residential and industrial uses; and, •Property has direct access onto Stanley Avenue so as to not adversely impact adjacent uses. Page 148 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law •Currently zoned Prestige Industrial (PI) •A 1995 Committee of Adjustment decision permitted the expansion of the former legal non-conforming restaurant. •Applicant is requesting site specific regulations as follows to be added to the PI zoning to permit the existing building to be used for a place of worship: •Reduce minimum front yard depth from 10 m plus 13.1 m from the centerline of Stanley Avenue to 7.6 m plus 11 m from the centerline of Stanley Avenue (0 m for patio wall) •Reduce minimum side yard width from 3.5 m to 0 m •Reduce landscaped open space from 67% of the required front yard and exterior side yard to 19.4 sq.m. in the front yard and 182.5 sq.m. in the exterior side yard Page 149 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law con’t The requested site specific regulations can be supported for the following reasons: •An appropriate adaptive reuse of a vacant building is proposed. •The requested regulations reflect existing site conditions. •The current width of Stanley Avenue meets Regional requirements. •Sufficient parking exists for the occupancy of the proposed use. Page 150 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion The amendment is recommended for the following reasons: •The proposed use conforms to Provincial policies with respect to development within an employment area; •The proposed use complies with the City’s Official Plan with respect to ancillary uses on Industrial designated lands; and, •The requested PI zone will permit the adaptive re-use of a vacant building and recognize existing site conditions. RECOMMEND APPLICATION BE APPROVED Page 151 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application to add site specific regulations to the Prestige Industrial (PI) zoning of the property to permit the existing building to be used as a place of worship and to recognize existing site conditions as outlined in this report. •That Council approve the request to pass a by- law to deem Lots 25, 26, 44, 45, 46 and 47, Plan 31 not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. Page 152 of 398 PBD-2020-38 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-38 AM -2020-002, Zoning By-law Amendment 5339-5341 Bridge Street Applicant: Robert Dekker Agent: Brent Larocque RECOMMENDATION That Council approve the Zoning By-law amendment application to recognize the existing semi-detached dwelling within a Residential Two Density Zone (R2). EXECUTIVE SUMMARY An application to amend the City’s Zoning By-law has been submitted to recognize an existing semi-detached dwelling at 5339-5341 Bridge Street. The amendment would replace the current Transition Residential Multiple Zone (TRM) with a Residential T wo Density Zone (R2) in order to facilitate the separation of the semi-detached units through a future severance process. Site specific provisions under the R2 zone are also requested under the amendment to recognize lot area, lot frontage, the side yard setbacks and the driveway width. The amendment can be supported based on the following: The land is designated Residential in the Official Plan; The amendment recognizes a long standing semi-detached dwelling that is compatible with surrounding residential uses; There is no impact on existing or future infrastructure; and The recognition of the semi-detached use is consistent with Provincial and Regional policies. BACKGROUND Proposal It is the intent of the applicant to separate the ownership of each semi-detached unit. The semi-detached dwelling is permitted under the current Transition Residential Multiple Zone (TRM) however a zoning amendment is required to facilitate the severance of the lands into two separate units. Page 153 of 398 2 PBD-2020-38 June 23, 2020 Specifics Site Conditions and Surrounding Land Uses A 126.5m2 (1,361.6 ft2) semi-detached dwelling is located on the lands and MPAC reports the structure was built circa 1925. The property is surrounded by residential uses which are single detached in form however several of these structures contain multiple units ranging from a semi-detached to the south and several 4 and 5 unit properties to the west along Bridge Street. Circulation Comments No objections were received in response to the circulation of the zoning amendment. It was noted by the City’s Works Department that the applicant should be informed that servicing lines cannot be shared and/or cross neighbouring properties and that a professionally prepared plan illustrating the sanitary and water service locations for each parcel would be required with a future request for consent to sever. Neighbourhood Open House A neighbourhood open house was held on May 19, 2020 using a Zoom online meeting platform. One neighbouring resident attended the Open House to clarify what was being proposed through the zoning amendment. The resident stated no objection to the proposal. ANALYSIS/RATIONALE Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The subject lands are located within the Settlement Area under the 2020 Provincial Policy Statement (PPS) and within the Built -Up Area under the Growth Plan. The proposed zoning amendment does not affect the current provision of housing in the City and is consistent with Provincial policy. Official Plan The subject lands are designated Residential in the Official Plan. A variety of housing including type, tenure, cost and location is pro moted within this designation. The requested zoning amendment is in conformity with the Official Plan. Page 154 of 398 3 PBD-2020-38 June 23, 2020 Zoning By-law Amendment The strip of properties fronting onto Bridge Street between Fourth Avenue and Stanley Avenue are zoned Transition Residential Multiple (TRM) Zone. The TRM Zone recognizes the existing semi-detached use of the property however in order to facilitate the separation of the units an amendment to the zoning is required. Adjacent properties to the north and south of the TRM strip, including the abutting property to the north of the subject lands, are zoned Residential 2 Density Zone (R2). A change in the zoning will require site specific recognition of those provisions that do not currently meet the minimum requirements of a R2 zone. The site specific provisions that are requested are: Zoning Provision Requested Required under the R2 zone Minimum lot area for a semi-detached dwelling 412.4m2 (~4,439ft2) 600m2 (~6,458ft2) Minimum lot frontage for a semi-detached dwelling 12.19m (~40’) 18m (~60’) Minimum front yard depth 9.98m (~32.7’) from the centerline of Bridge Street 10.05m (~33’) from the centerline of Bridge Street Interior side yard width 1.12m (~3.6’) and 1.14m (~3.7’) 2.4m (~7.8’) Maximum driveway width in a front yard 7.31m (~24’) 9m (~29.5’) The subject property is within an older established neighbourhood. The existing residential development along Bridge Street between Stanley Avenue and the hydro corridor to the east have similar lot areas, frontages and building setbacks as the dwelling at 5339-5341 Bridge Street (see Appendix 1). The proposed zone change and any future severance of the semi-detached units will have no impact on the streetscape or character of this area. The current driveway width exceeds what is permitted within the R2 zone by 1.7m (5.6 ft.). All of the required parking for the dwelling units is limited to the front yard as there is insufficient side yard setbacks to accommodate parking or to permit access to the rear yard for parking. Since the total frontage of the property is 12m, a 9m driveway width would result in a 1.5m strip along both side lot lines which should be landscaped to improve the aesthetics of the property. The front porch steps of the dwelling units encroach 1.44m (~4.7’) into the 6.20m (~20.3’) front yard setback between the front lot line and the covered porch. The survey submitted with the application indicates that there is sufficient distance between t he porch and the side lot lines to accommodate a 3m wide parking stall plus a 1.5m side yard (for Page 155 of 398 4 PBD-2020-38 June 23, 2020 landscaping). There is also sufficient setback to accommodate the standard 6m length for a parking stall. The applicant is reminded that parking cannot encroach onto the road allowance at any time. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications associated with the requested zoning change. CITY’S STRATEGIC COMMITMENT The application is consistent with Council’s priority to promote a strong and diverse housing market. The separation of the two residential units will affect only the ownership of the existing residential units. LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Survey Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer FB:cr Attach. S:\PDR\2020\PBD-2020-38, AM-2020-002, Zoning By-law Amendment, 5339-5341 Bridge Street.docx Page 156 of 398 5 PBD-2020-38 June 23, 2020 APPENDIX 1 Location Map – 5339-5341 Bridge Street Streetview Page 157 of 398 6 PBD-2020-38 June 23, 2020 APPENDIX 2 Survey Plan – 5339-5341 Bridge Street Page 158 of 398 Address: 5339-5341 Bridge Street Applicant: Robert Dekker. Proposal: Recognize existing semi-detached dwelling Zoning By-law Amendment Application AM-2020-002 Page 159 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Residential uses Single detached Residential uses Page 160 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Interior Side yard width 1.12m Interior Side yard width 1.14 m Front yard depth from Centreline of Bridge St 9.98m Lot Area for Semi- detached 412.4 m2 Lot Frontage for Semi- detached 12.19m Driveway width in a front yard 7.31 m Page 161 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •The lands are designated Residential in the Official Plan. •Re-zoned from Transitional Residential Multiple (TRM) to a Residential Two Density Zone (R2) to facilitate the separation of the semi detached units through a future severance process. •Site specific provisions under the R2 zone are also requested to recognize existing lot area, lot frontage, side yard setbacks and driveway width. NEIGHBOURHOOD OPEN HOUSE •Held on May 19, 2020, remotely. •One neighboring resident attended to clarify what was being proposed and had no objection to the proposal. Page 162 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policy Statement and Growth Plan •The proposed zoning is consistent with Provincial policy. Page 163 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan •Designated Residential •Requested zoning complies with the Official Plan. Zoning By-law •The block of properties fronting onto Bridge Street between Fourth Avenue and Stanley Avenue are zoned Transition Residential Multiple (TRM) zone. •Adjacent properties to the north and south of the TRM strip are zoned Residential 2 Density Zone (R2); thus the requested R2 zone is appropriate. •The proposed zone change and any future severance of the semi-detached units will have no impact on the streetscape or character of this area. •Current driveway width is 1.7 m (5.6 ft) wider than permitted •Recognition of the property frontage at 12 m reflects the existing condition. •There is sufficient distance between the porch and lot lines to accommodate a 3 m x 6 m parking stall plus a 1.5 m side yard for landscaping. •The front porch steps encroach 1.44 m (4.7 ft) into the 6.20 m (20.3 ft) front yard setback between the front lot line and the covered porch which complies with zoning. Page 164 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion The amendment can be supported based on the following: •The Zone change complies with Provincial Policy. •The land is designated Residential in the Official Plan; •The amendment recognizes a long standing semi-detached dwelling that is compatible with surrounding residential uses; and, •There is no impact on existing or future infrastructure. RECOMMEND APPLICATION BE APPROVED Page 165 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law amendment application recognize the existing semi-detached dwelling within a Residential Two Density Zone (R2). Page 166 of 398 PBD-2020-39 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-39 AM -2019-027, Zoning By-law Amendment Application 3405 St. Paul Avenue and 6251 O’Neil Street Applicant: Todd Morgan Holding Corporation Agent: J.D. Barnes Ltd. (Allan Heywood) RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone a parcel of land that is to be separated from 3405 St. Paul Avenue to a Site Specific General Commercial Zone (GC) in conjunction with 6251 O’Neil Street to provide additional parking. EXECUTIVE SUMMARY It is the intent of the applicant to sever the rear portion from a residential lot at 3405 St. Paul which is currently zoned Residential 1C Density Zone (R1C) and to use this parcel as additional parking for the commercial plaza property to the south at 6251 O’Neil Street. An application to amend the City’s Zoning By-law has been submitted to rezone the proposed merged parcel of land to a General Commercial Zone (GC) including the recognition of existing site specific provisions for a rear yard setback and a parking aisle width on the plaza property. The requested amendment can be supported based on the following: The additional parking area will provide parking for the employees of the plaza and will be utilized primarily during the daytime operating hours of the plaza; The Official Plan permits the minor rounding out of commercial areas or boundaries which assist in internal traffic circulation for parking; The proposed parking area is adjacent to the parking area of the apartment building to the west and will have minimum impact on that use; The applicant will cooperate with the abutting property to the north to provide proper fencing and landscape screening through amendment to site plan control; and The proposal is in conformity with Provincial and Regional policies. Page 167 of 398 2 PBD-2020-39 June 23, 2020 BACKGROUND Proposal The applicant owns both properties at 3405 St. Paul Avenue and 6251 O’Neil Street. It is the applicant’s intent to use a 510.6m2 (5496 ft2) parcel along the rear lot line of the residential lot (shown as Part 1 on the inset map) as an additional parking area to the existing commercial plaza to the south (shown as part 3). A zoning change from Residential 1C Density Zone (R1C) to a General Commercial Zone (GC) is required to permit the commercial parking use on Part 1. The remainder of 3405 St. Paul Avenue (Part 2) will stay zoned R1C. An application for consent to sever has not yet been considered by the City’s Committee of Adjustment. Specifics: Site Conditions and Surrounding Land Uses A single detached dwelling is located on the property at 3405 St. Paul Avenue. The re ar lot and southerly lot lines of the residential property abut the lands of the commercial plaza to the south at 6251 O’Neil Street. A 6m (~20’) wide strip of land, which is part of the commercial lands, separates the rear lot line of 3405 St. Paul Avenue from the residential apartment dwelling use to the west (see Appendix 2). East, south and south east of the subject lands are Stamford Green, St. John’s Anglican Church and commercial uses. North of the lands are single detached residential uses. Circulation Comments No objections were received in response of the circulation of the zoning amendment. Comments received regarding specific site plan details will be addressed through an amendment to site plan control. The Region has waived their review of this application. Neighbourhood Open House A neighbourhood open house was held on May 19, 2020 using a Zoom online meeting platform. The abutting property owner at 3381 St. Paul Avenue participated in the Open House with questions regarding fencing and landscaping between the proposed parking area and his southerly lot line. The applicant agreed to work with the neighbour to erect fencing and landscaping suitable to both of them. The neighbour had no objection to the proposal. Page 168 of 398 3 PBD-2020-39 June 23, 2020 ANALYSIS/RATIONALE Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The subject lands are located within the Settlement Area under the 2020 Provincial Policy Statement (PPS) and within the Built -Up Area under the Growth Plan. The proposed zoning amendment does not affect the current provision of housing in the City and is consistent with Provincial policy. Official Plan A Residential land use designation applies to the lands at 3405 St. Paul Avenue as well as that portion of 6251 O’Neil Street that extends northward along the rear property line of the residential properties. The remainder of the plaza property at 6251 O’Neil St. is designated General Commercial. Policy 3.1.1 of the General Commercial policies in the Official Plan permits the minor rounding out of commercial areas or boundaries which assist in the consolidation of commercial uses, enhance economic viability and improve internal traffic circulation and landscaping without an amendment to the Official Plan. The requested extension of the parking area is intended for the use of employees of the plaza thus improving the parking and traffic circulation for the commercial use. It is the opinion of Staff that the requested zoning amendment would meet the intent and policies of the Official Plan. Zoning By-law Amendment The Residential 1C Density Zone (R1C) which currently applies to the residential lot does not permit a commercial parking area. Consequently, the applicant has requested that the zoning of this area be changed to a General Commercial Zone (GC) in line with the commercial plaza which it will serve. The existing dwelling would remain zoned R1C. In addition to the inclusion of the expanded parking area, the applicant has requested that the General Commercial Zone (GC) for Parts 1 and 3 as shown on Appendix 2 recognize the following: • A rear yard setback of 2.9m (9.5’) for the plaza building. The required minimum rear yard setback in the GC Zone is 3m (9.8’). The westerly property line is considered the rear lot line of the commercial lands. This setback is not affected by the addition of the parking area or future severance. • A reduced aisle wide of 6.82m (22.3’) from 6.9m (22.6’) within the parking area adjacent to St. Paul Avenue. This aisle wide also reflects an existing situation that is not the result of the proposed parking area expansion. The applicant has noted that the proposed parking area will be used by the employees of the plaza, primarily during the daytime operating hours of the commercial uses. With the Page 169 of 398 4 PBD-2020-39 June 23, 2020 implementation of required screening and lighting controls through site plan control there should be limited impact from the new parking area on the residential property to the north or the apartment dwelling use to the west, which has its own parking area is located along the shared lot line. In summary a site specific GC Zone is requested, and can be supported, to include an expanded commercial parking area, a rear yard setback of 2.9m (9.5’) and an aisle width of 6.82m (22.3’) in the parking area adjacent to St. Paul Avenue. Related Planning Applications The plaza at 6251 O’Neil Street is subject to a site plan control agreement (1987) which will need to be amended to include the proposed parking area. The site detail comments received through circulation of the subject zoning amendment and public consultation will be implemented through site plan control including: adequate screening between the parking area and the residential property to the north through fencing and landsc aping, the identification of trees to remain on the residential lands, a storm water management report and updated servicing, grading and photometric plans. The separation of the area proposed for additional parking for the plaza and the existing dwelling at 3405 St. Paul Avenue will proceed through a severance process. Application B-2019-23 has been submitted however a decision has not been made by the Committee of Adjustment. The site plan amendment will be a condition of severance approval. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications associated with the requested zoning change. CITY’S STRATEGIC COMMITMENT This proposal does not impact on any of the City’s strategic priorities. LIST OF ATTACHMENTS Appendix 1 – Location Map & Photos Appendix 2 – Survey Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer FB:cr Attach. S:\PDR\2020\PBD-2020-39, AM-2019-027, Zoning By-law Amendment, 3405 St. Paul Avenue and 6251 St. Paul Avenue.docx Page 170 of 398 5 PBD-2020-39 June 23, 2020 APPENDIX 1 Location Map – 3405 St. Paul Avenue and 6251 O’Neil Street Page 171 of 398 6 PBD-2020-39 June 23, 2020 APPENDIX 1-CONT’D Page 172 of 398 7 PBD-2020-39 June 23, 2020 APPENDIX 2 Survey Plan – 3405 St. Paul Avenue & 6251 O’Neil Street Page 173 of 398 Address: 3405 St. Paul Avenue Applicant: Todd Morgan Holding Corp. Prop: Permit Expansion of Adjacent Parking Lot Zoning By-law Amendment Application AM-2019-027 Page 174 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Apartment building Detached dwellings Commercial plaza Place of worshipSUBJECT LAND Shopping plaza Page 175 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Part 1 Proposed to be rezoned GC, severed off, merged with Part 3 and developed as a parking area. Part 2 Retained as a residential use. R1C zoning not changed. Part 3 merged with Part 1 to allow for parking area expansion. GC zoning not being changed. 2.9 m rear yard setback 6.92 m parking aisle width.Page 176 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •3405 St. Paul Avenue is designated Residential but abuts a Major Commercial designation to the south. •Policies in the Official Plan allow for minor adjustments in land use designation boundaries provided they are consistent with the overall Official Plan policies. •Subject land is zoned Residential 1C Density (R1C), which permits the existing detached dwelling. •Applicant owns the commercial plaza to the south, which is zoned General Commercial (GC).Page 177 of 398 Page 178 of 398 A GREAT CITY…FOR GENERATIONS TO COME Application •The applicant is proposing to expand parking for commercial plaza at 6251 O’Neil Street onto a portion of the subject lands. •To facilitate this the applicant has requested the rear portion of the subject land be rezoned the same General Commercial zone that applies to the plaza on 6251 O’Neil Street. •A future Consent application would be required to sever of the rear portion of 3405 St. Paul Avenue (Part 1) from Part 2 and merge it with 6251 O’Neil Street (Part 3). •No changes to the balance of the R1C zone of 3405 St Paul Avenue (Part 2) or the GC zone of 6251 O’Neil Street (Part 3) are proposed.Page 179 of 398 A GREAT CITY…FOR GENERATIONS TO COME Open House •Held on May 19, 2020 •Neighbour from 3381 St. Paul participated with questions regarding fencing and landscaping between the proposed parking area and his southerly lot line. •Applicant agreed to work with the neighbour and erect fencing and landscaping suitable to both of them. •Neighbour had not objections to the proposal.Page 180 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policy Statement and Growth Plan •Subject lands are located within the Settlement Area under the 2020 Provincial Policy Statement (PPS) and within the Built-up Area under the Growth Plan. •Proposed zoning amendment is consistent with Provincial Policy. Official Plan •Lands at 3405 St. Paul Ave are designated Residential as well as that portion of 6251 O’Neil Street extending northward along the rear property line. •The balance of 6251 O’Neil St. is designated General Commercial. •The Official Plan permits minor rounding out of commercial areas or boundaries which assist in, among other things, improving internal traffic circulation for the commercial use, which is the intent of this application. Page 181 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis con’t Zoning By-law •3405 St. Paul Ave is currently zoned Residential 1C Density (R1C) and does not permit a commercial parking area. •A site specific zoning amendment is requested to change the portion proposed for parking to General Commercial to allow it to serve the commercial plaza. •The proposed expanded parking area abuts a parking lot for the apartment building to the west. •The dwelling at 3405 St. Paul Ave would remain R1C. •The site specific zoning would also recognize a rear yard setback of 2.9 m (9.5’) and an aisle width of 6.82 m (22.3’) in the parking area adjacent to St. Paul Ave. Page 182 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion Recommend Application be approved The requested amendment can be supported based on the following: •Additional parking area will provide parking for the employees of the plaza and will be utilized primarily during the daytime operating hours of the plaza; •Official Plan permits the minor rounding out of commercial areas or boundaries which assist in internal traffic circulation for parking; •Proposed parking area is adjacent to the parking area of the apartment building to the west and will have minimal impact on that use; •Applicant will cooperate with the abutting property owner to the north to provide property fencing and landscape screening through amendment to site plan control; and, •The proposal is in conformity with Provincial and Regional policies. Page 183 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Zoning By-law Amendment application to rezone a parcel of land that is to be separated from 3405 St. Paul Ave to a Site Specific General Commercial (GC) zone in conjunction with 6251 O’Neil Street to provide additional parking. Page 184 of 398 PBD-2020-23 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-23 SBA-2020-001 - Sign By-law Amendment Owner: Roy Bradley Agent: Pattison Outdoor Advertising (Brandon Lincz) 8972 Thorold Stone Road RECOMMENDATION That Council approve the Sign By-law amendment application to permit an existing static billboard sign to be converted to 100% electronic copy, conditional on the following: 1. That the existing billboard sign located nearest the west property line be removed upon the approval of this amendment; 2. The sign size and sign area of the remaining sign to remain the same as existing; 3. That the sign be setback 10 m from the existing Regional road (Thorold Stone Rd); and 4. That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impa cts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road. EXECUTIVE SUMMARY The amendment is requested to permit the upgrade of an existing billboard to an electronic digital method of display whereas the current by-law would not permit the sign to be 100% electronic. The Sign By-law amendment, if approved, as recommended, will meet the intent of the Official Plan policies respecting signs. In order to ensure this, it is being recommended that the amending by-law regulate the sign in the following manner: Sign be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road. Once amendment is approved, the second existing static billboard sign located nearest the west property line be removed. Page 185 of 398 2 PBD-2020-23 June 23, 2020 BACKGROUND Proposal A sign by-law amendment is requested to permit an existing 3.05 m x 6.09 m (10 ft. x 20 ft.), 7.7 m (25.2 ft.) high billboard sign to be converted from paper to 100% electronic on lands known as 8972 Thorold Stone Road. Refer to Schedule 1 to locate the site. The property is currently designated Good General Agriculture in the Official Plan and the two signs have existed in that location before the current Sign By-law came into force in 2008. A 100% electronic changeable copy sign would not be permitted under the regulations of the Sign By-law and as such, an amendment is necessary to a llow the proposed sign. The By-law requires that amendments be considered by Council and that notice of the public meeting be given to all property owners within 120 m of the subject property. A revised public notice was circulated on May 19, 2020. Site Conditions and Surrounding Land Uses The property is currently used for agricultural purposes. There are residential uses to the west, east, and northeast of the property. Circulation Comments No comments were received from the public. The Region of Niagara has issued a sign permit for this sign, provided that it is located 10 m from the current road. When the signs were originally installed, they met the required setback, but due to the widening of Thorold Stone Road in 2002, the current locations of the signs do not meet the set back requirement. This issue will be rectified with the approval of the amendment and relocation of the sign. ANALYSIS The subject property is designated Good General Agriculture in the Official Plan. The two existing billboard signs have assisted in supporting the agricultural use of the land for a substantial period of time allowing the owner to farm the lands undisturbed . The Official Plan also contains policies respecting signs, which state in part, that signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. The proposed electronic sign (2 sign faces) will replace the two static signs (4 sign faces) that have existed on the property prior to 2008. So, in effect, reducing the number of billboards in the City. It should be noted the number of billboard signs existing (151) still exceeds the maximum number allowed (141) once the westerly sign is removed. Currently, a sign that is 100% electronic, would not be permitted in any area of the city except the Clifton Hill Sign district, however, as the technology is changing the digital method of display is becoming more prevalent and proposed amendments to the city’s Sign By-law are being worked on. Page 186 of 398 3 PBD-2020-23 June 23, 2020 The subject site is located near the intersection of Thorold Stone Road and Garner Road, which is close to some residential uses so the sign still may have the potential to impact the residential uses located to the east and northeast. Because of this, staff supports the following proposal by the applicant: That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road. The benefit to the Corporation is the removal of one billboard (2 faces) from the inventory which will compensate for the introduction of a changeable message board. FINANCIAL IMPLICATIONS There are no financial implications. CITY’S STRATEGIC COMMITMENT One of the City’s strategic priorities is to support economic growth and development through streamlined business practices to meet both local and city-wide priorities. LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Proposed Sign Appendix 3 – Distance drawing Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:gd Attach. S:\PDR\2016\PBD-2016-19, SBA-2016-001,Sign By-law Amendment Application 8247 Thorold Stone Road.docx Page 187 of 398 4 PBD-2020-23 June 23, 2020 APPENDIX 1 LOCATION MAP Page 188 of 398 5 PBD-2020-23 June 23, 2020 APPENDIX 2 PROPOSED NEW SIGN DIMENSIONS SIMILAR TO WHAT CURRENTLY EXISTS Page 189 of 398 6 PBD-2020-23 June 23, 2020 APPENDIX 3 Distance separation from the sign to the dwellings at the intersection of Garner Road and Thorold Stone Road. Page 190 of 398 Address: 8972 Thorold Stone Rd. SBA-2020-001 Applicant: Pattison Outdoor Advertising Proposal: To permit existing static billboard to be converted to a 100% electronic billboard Page 191 of 398 A GREAT CITY…FOR GENERATIONS TO COME Location Agricultural Uses Residential Page 192 of 398 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 193 of 398 Distance from sign to residential uses Page 194 of 398 Proposed sign Page 195 of 398 A GREAT CITY…FOR GENERATIONS TO COME Background •A sign by-law amendment is requested to permit an existing 3.05 m x 6.09 m (10’ x 20’), 7.7 m (25.2 ft) high billboard sign to be converted from paper to 100% electronic. •Property is designated Good General Agriculture in the Official Plan and the two billboards have existed on that site before the current sign by-law came into force in 2008. •A 100% electronic changeable copy sign would not be permitted under the regulations of the Sign By-law and as such, an amendment is necessary to allow the proposed sign. •The by-law requires that amendments be considered by Council and that notice of the public meeting be given to all property owners within 120 m of the subject property. A revised public notice was circulated on May 19, 2020. Page 196 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Designated Good General Agriculture in the Official Plan •Two existing billboards have assisted in supporting the agricultural use on the land for a substantial period of time allowing the owner to farm the lands undisturbed. •Official Plan also contains policies regarding signs, which state, in part, that signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. •The proposed electronic sign (2 faces) will replace the two static signs (4 faces) that have existed on the property prior to 2008. So, in effect, reducing the number of billboard signs in the City. •It should be noted the number of billboard signs existing (151) still exceed the maximum number allowed (141) once the westerly sign is removed. Page 197 of 398 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Currently, a sign that is 100% electronic would not be permitted in any area of the City except the Clifton Hill Sign district. •However, as the technology is changing, the digital method of display is becoming more prevalent and proposed amendments to the City’s Sign By- law are being worked on. •The subject site is located near the intersection of Thorold Stone Road and Garner Road which is close to some residential uses, so the sign still may have the potential to impact the residential uses located to the east and northeast. Because of this, staff supports the following proposal by the applicant: •That the sign be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on the surrounding residential use nor cause any distraction to drivers along Thorold Stone Road. •The benefit to the City is the removal of one billboard (2 faces) from the inventory which will compensate for the introduction of a changeable message board. Page 198 of 398 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •Sign be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use or cause distraction to drivers along Thorold Stone Rd. •Once amendment approved, second existing static billboard sign located nearest the west property line be removed. Amendment Recommended •Compliance with Official Plan •Recommended regulations: Page 199 of 398 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •Council approve the Sign By-law amendment application to permit an existing static billboard to be converted to 100% electronic copy, conditional upon the following: 1.That the existing billboard sign located nearest the west property line be removed upon the approval of this amendment; 2.The sign size and sign area of the remaining sign to remain the same as existing; 3.That the sign be setback 10 m from the existing Regional road (Thorold Stone Road), and 4.That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road. Page 200 of 398 F-2020-24 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-24 History of OLG Spending and Commitments under the New Agreement RECOMMENDATION 1. That Council receive the report for information. 2. That Council approve the transfer of $362,925 or 2% of the OLG funding received for April 1, 2019 to December 31, 2019 to the Future Hospital Reserve Fund. EXECUTIVE SUMMARY In 2013, the City of Niagara Falls approved the new Municipal Contribution Agreement with the Ontario Lottery and Gaming Corporation (OLG) with an effective date of April 1, 2013. This agreement significantly increased the City’s hosting fees from the previous agreement. Since the inception of the agreement, staff have updated Council regularly on the commitments and use of the funds received however there still seems to be confusion among the public as to the use of the OLG funds. The purpose of this report is to annually provide a summary of the OLG commitments to date stemming from the new funding agreement including detailed attachments outlining every project/purpose OLG funding was used or committed to. As projects are completed, favourable variances sometimes occur with projects being closed under budget and OLG money being available to add back in to the reserve to be repurposed. All attachments have been updated to reflect close outs to date with new notes being added under the heading of June 23, 2020 on the bottom of each attachment. The OLG spending allocations for the past 7 years are consistent with direction staff have previously received. Specifically Council adopted five key areas of expenditures that funds should be used for. These include: 1) Property Tax Relief 2) Future Niagara Falls Hospital 3) Debt Avoidance/Capital Asset Investments 4) Economic Development Initiatives 5) Policing Page 201 of 398 2 F-2020-24 June 23, 2020 BACKGROUND In September 2013, Council approved the Municipal Contribution Agreement (MCA) with the Ontario Lottery and Gaming Corporation (OLG). The effective date of the MCA is April 1, 2013 and will terminate at the earliest of: a) Date which all Casino games are no longer conducted and managed by OLG in Niagara Falls; b) Date on which any license, permit, approval, consent and/or other permission that may be required to use and operate the casino games in Niagara Falls is no longer available, becomes invalid or ceases to have effect; c) The date specified in a written notice of termination provided by OLG to the Municipality provided that such date shall be at least 30 days following the date of the notice of termination. The new funding agreement increased the hosting fee to the municipality for the two casinos located in Niagara Falls. The funding period is based on the Province’s fiscal year, specifically April 1st to March 31st. Payments, based on a percentage of gaming revenues identified below, are received by the City within 21 days of the end of each operating year quarter. Under the new host funding formula in the Municipality Contribution Agreement (MCA), host municipalities will receive: 5.25% on the first $65 million of electronic games revenue; plus 3.00% on the next $135 million of the electronic games revenue; plus 2.50% on the next $300 million of the electronic games revenue; plus 0.50% on electronic games revenue above $500 million; and 4.00% of the live table games revenue ANALYSIS/RATIONALE The City is currently beginning its 8th year of the new funding agreement. From April 1, 2013 until March 31, 2020 the City has received a total of $163,461,955 as illustrated below: Page 202 of 398 3 F-2020-24 June 23, 2020 History of OLG Revenue under New Funding Agreement Calendar Year City Q1/ OLG Q4 City Q2/ OLG Q1 City Q3/ OLG Q2 City Q4/ OLG Q3 Total per City Fiscal Year (Dec 31) Total per OLG Fiscal Year (Mar 31) 2013 6,433,923 5,596,501 4,780,702 16,811,126 2014 4,452,570 6,715,070 5,304,206 4,916,987 21,388,833 21,263,696 2015 4,532,010 7,003,666 5,930,369 5,540,423 23,006,468 21,468,273 2016 5,275,019 7,153,022 6,245,991 5,625,402 24,299,434 23,749,477 2017 5,548,566 7,868,653 6,813,615 6,101,268 26,332,102 24,572,981 2018 5,546,465 7,393,429 6,499,766 5,373,138 24,812,798 26,330,001 2019 4,690,534 7,137,205 6,057,544 4,951,522 22,836,805 23,956,867 2020 3,974,389 3,974,389 22,120,660 163,461,955 163,461,955 Quarterly Average: 4,859,936 7,100,710 6,063,999 5,327,063 Note: New Funding Agreement began April 1, 2013 In 2013 $750,000 also received under old agreement (250,000*3 months Jan - Mar) For the seven plus year period of April 1, 2013 to December 31, 2020 the City has committed $168,029,107 of OLG funding to the five Council adopted key areas of spending as follows: History of OLG Commitments - April 1, 2013 to December 31, 2020 OLG Fiscal Year (Apr. 1 - Mar. 31) Property Tax Relief Hospital Debt Avoidance/ Capital Investment Economic Development Initiatives Policing Total Commitments 2013/2014 3,723,750 318,955 10,419,057 254,401 4,214,384 18,930,547 2014/2015 6,173,159 322,024 10,543,279 305,281 4,200,000 21,543,743 2015/2016 6,034,985 356,242 10,261,322 1,204,401 4,200,000 22,056,950 2016/2017 6,168,506 382,574 13,968,325 605,281 4,200,000 25,324,686 2017/2018 6,274,131 526,596 14,689,484 700,000 4,200,000 26,390,211 2018/2019 6,265,285 479,137 17,179,401 0 4,200,000 28,123,823 2019 (Apr-Dec) 4,538,213 362,925 9,923,779 0 3,150,000 17,974,917 2020 5,895,000 0 0 739,230 1,050,000 7,684,230 45,073,029 2,748,453 86,984,647 3,808,594 29,414,384 168,029,107 % of Total Commitments: 26.8% 1.6% 51.8% 2.3% 17.5% 100.0% Page 203 of 398 4 F-2020-24 June 23, 2020 Detailed breakdowns of commitments of OLG funding can be found in Attachments 1 through 8. Niagara Region Police Services (NRPS) Fallsview District Funding - $4,200,000 In a normal year the City is committed to paying NRPS $4,200,000 annually for enhanced policing services within the Fallsview Casino District area. This funding is tied to the OLG funding received. As a result of COVID-19, the temporary closing of the Casino’s and thus the lost revenue from OLG funding, the City has notified the Region that the City has paid the Q1 policing amount of $1,050,000 and will be withholding future payments for the remainder of the year until the City knows how much the installments the City is scheduled to receive on July 21, 2020 (anticipated $0), October 21, 2020 and January 21, 2020 from OLG will total. FINANCIAL/STAFFING/LEGAL IMPLICATIONS OLG funding received to date up to March 31, 2020, totals $163,461,955. In September 2019, staff reallocated the OLG special purpose reserve to a reserve fund per a previous motion of Council. Interest earned on reserve funds is allocated back to each reserve fund as available funding to be committed for that purpose as opposed to special purpose reserves where interest earned remains in the property tax budget offsetting the levy. Interest attributed to the OLG reserve fund beginning September 2019, totalled $22,236. OLG commitments to date up to December 31, 2020, total $168,029,107. Per Attachment 7, as at December 31, 2019 the OLG funding is projected to be overcommitted by $835,075. It’s important to note that overcommitted is not to be confused with overspent. At this time numerous projects beginning in 2020 have not been completed nor have all the OLG monies been physically spent and as a result staff have minimal concern regarding the overcommitted amount. This will simply be deducted from the amount available to fund the 2021 capital budget next year. Of larger concern this year is the impact of COVID-19 on the OLG funding the City receives. The City has currently received payment for the period January 1, 2020 to March 31, 2020 totalling $3,974,389. With the Casino closed effective March 17, 2020 (being the start of the declaration of the Provincial Emergency) the Q1 payment received was approximately $1M less than the City normally receives for Q1. Funding of $163,461,955, interest of $22,236 and commitments of $168,029,107 results in an overcommitted amount of $4,544,916 as compared to actual funding received to date. The City normally receives three (3) more quarterly payments for the 2020 year that would be attributed to the already committed amounts in the 2020 property tax budget Page 204 of 398 5 F-2020-24 June 23, 2020 with the remainder being available to allocate in the 2021 Capital Budget. With the casino being closed from March 17, 2020 to the date of writing this report (June 6, 2020), with no known opening date, it’s apparent that the Q2 payment representing April 1, 2020 to June 30, 2020 will be $0. The City needs to receive at least $4,544,916 from OLG by the end of 2020 to meet our commitments which would include only paying NRPS $1,050,000 for the 2020 year . Anything received in excess of $4,544,916 will be available to allocate in the 2021 capital budget. If the Casino opens July 1, 2020 and patrons frequent it as often as they did pre -COVID the City could expect to receive $10-$13M in total between the Q3 and Q4 payments. If business resumes and patrons frequent only 50% as often as they did pre-COVID, the City anticipates receiving $5-$6.5M for the remainder of the calendar year. Moving forward it is still staff’s preference to view and discuss the OLG funding on a calendar year basis as opposed to continuing to try to match the OLG fiscal year. Calendar year helps align discussion with year end financial statements and budget preparation. Attachment 7 is staff’s attempt to bring that alignment to calendar year with the intention of continuing to report annually on OLG funding received and committed, however no longer continuing the practice of pre-allocating the first quarter funding in May which is normally many months after the capital budget has already been approved. CITY’S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure LIST OF ATTACHMENTS 1. April 1, 2013 to March 31, 2014 OLG Detail 2. April 1, 2014 to March 31, 2015 OLG Detail 3. April 1, 2015 to March 31, 2016 OLG Detail 4. April 1, 2016 to March 31, 2017 OLG Detail 5. April 1, 2017 to March 31, 2018 OLG Detail 6. April 1, 2018 to March 31, 2019 OLG Detail 7. April 1, 2019 to December 31, 2019 (9 months) OLG Detail 8. January 1, 2020 to December 31, 2020 OLG Detail Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 205 of 398 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2013 - March 31, 2014 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 723,750 2,221,250 [1] Total Property Tax Relief 5,945,000 3,723,750 2,221,250 Hospital: 1.5% of Funding Received 318,955 318,955 0 Total Hospital 318,955 318,955 0 Debt Avoidance/Capital Investment: Debt Avoidance: Overall amount committed per Chart 2 in F-2014-43 6,201,595 6,201,595 City Hall HVAC (cancel debentures)863,062 (863,062) Drummond Rd Ph 3 (cancel debentures)1,635,377 (1,635,377) Ailanthus Ave (cancel debentures)790,475 (790,475) Vehicle Replacement (cancel debentures)87,070 (87,070) Kalar Road (cancel debentures)2,049,751 (2,049,751) Fleet purchases (cancel debentures)850,000 (850,000) 6,201,595 6,275,735 (74,140)[2] Capital Investment: F-2013-54 Approvals - Design Work for Various Projects: Municipal Works Allendale Ave Sewer Separation & Rd Reconstruct 67,500 67,500 0 Beck Road Bridge - additional funds 42,500 42,500 0 Balmoral / Maureen / Timothy 108,875 108,875 0 Brookfield Ave Sewer Sep - additional funds 131,250 44,960 86,290 [8] Colborne Street Sewer Sep 60,000 60,000 0 Corwin Cres Sewer Sep 75,000 75,000 0 Crysler Ave Sewer Sep 63,750 63,750 0 St Lawrence Ave Sewer Sep 63,750 63,750 0 Ellis Sewer Separation 14,000 14,000 0 Fifth Ave Sewer Separation 63,000 63,000 0 Grey Ave Sewer Separation 33,250 33,250 0 Page 206 of 398 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Hamilton Street Sewer Separation - MS13 43,125 43,125 0 Huron Street Sewer Separation 68,000 68,000 0 Kitchener St Sewer Sep - SS34 90,000 90,000 0 Level Avenue - additional funds 36,750 36,750 0 Maranda Street Sewer Sep 97,500 97,500 0 North Street - SS35 103,125 103,125 0 Portage Rd Watermain (Norton to Macklem) - W35 39,600 39,600 0 Ralph Sewer Sep 36,750 36,750 0 Ridge Road Culvert Replacement 30,000 30,000 0 Robinson Street (Stanley to East Limit)102,300 56,625 45,675 [8] Second Ave Sewer Sep 30,000 30,000 0 Sixth Ave Sewer Sep 63,000 63,000 0 Stanton Sewer Sep 21,000 21,000 0 Sylvia Place - (Transportation)60,000 60,000 0 Whirlpool Road Bridge 50,000 50,000 0 Parks AG Bridge Park Pathway Development 5,000 0 5,000 [3] Chippawa Boat Ramp Improvements - additional funds 30,000 30,000 0 FJ Miller Park Improvements 16,000 16,000 0 Heritage Park Improvements 12,000 12,000 0 Ontario Park Improvements 15,000 15,000 0 Millennium Trail Dvmt - Section 3 34,000 34,000 0 Niagara Falls Lions Park Accessible Washrooms 9,000 9,000 0 Patrick Cummings - Baseball Field Expansion 40,000 40,000 0 Patrick Cummings - South Parking Lot Dvmt 5,000 0 5,000 [3] Rosberg Family Park (Downtown Park) - additional funds 17,000 17,000 0 Drummond Road SS McLeod to Oldfield 153,750 153,750 0 McKenney Road Bridge Rehabilitation 36,500 0 36,500 [3] Transportation Drummond Road EA - TSP25 150,000 150,000 0 Traffic Signal Designs 100,000 100,000 0 2,217,275 2,038,811 178,464 Page 207 of 398 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes F-2014-43 Additional Capital Approvals: Emerald Ash Borer 40,000 40,000 0 Vehicle Replacement - Street Sweeper 220,000 221,155 (1,155)[4] Gale Centre Improvements 20,000 20,000 0 Victoria Ave Streetscaping 160,000 160,000 0 Kalar Park Improvements 100,000 100,000 0 Retail Centre Hub Enhancements 100,000 100,000 0 Bus Drivers Portable Washrooms 100,000 100,000 0 Business Park Site Development 200,000 213,355 (13,355)[4] Additional amount reported to OLG 0 Murray Street Pedestrian Bridge 220,000 220,000 0 Traffic Signal Rebuilds 200,000 200,000 0 Chippawa Accessible Doors 20,000 20,000 0 Lion's Trail - Extension of Millennium Trail 403,000 403,000 0 Smart Card Reload System at 4 City Facilities 50,000 41,255 8,745 [5] Parking Permit Module 35,000 35,000 0 1,868,000 1,873,766 (5,766) Additional Approvals: Lundy's Lane Gateway (MW-2014-21)150,935 150,935 0 Oakes Park Scoreboards (MW-2014- 24)29,811 29,811 0 Chippawa Boat Ramp Improvements - ADDITIONAL FUNDS (MW-2014-50)50,000 50,000 0 230,746 230,746 0 Total Debt Avoidance/ Capital Investment 10,517,616 10,419,057 98,559 Economic Development: NFT - Destination Marketing Campaign - F-2014-11 250,000 254,401 (4,401)[6] Total Economic Development 250,000 254,401 (4,401) Page 208 of 398 Attachment 1 April 1, 2013 - March 31, 2014 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,214,384 (14,384)[7] Total Policing 4,200,000 4,214,384 (14,384) Total Commitments 21,231,571 18,930,547 2,301,024 Funding Received 21,263,696 Uncommitted amount to carry forward to future years 2,333,149 Notes from F-2019-45 December 10, 2019: [1]This should not have been committed for OLG Fiscal Year ending March 31, 2014 for a full year, only 3 months (January to March 2014). [2]Debt avoidance amount per chart 2 in F-2014-43 was $6,201,595 however actual debt avoidance totaled $6,275,735. [3]Per Municipal Works funding no longer required, money can be recommitted. [4]Project was over budget - additional funds were required to be transferred. [5]Project was under budget - surplus funds can be recommitted. [6]Transfer included non-rebateable HST of $4,401 ($250,000 * 1.76%) [7]April 1 to December 31, 2013 policing invoice from the Region was $3,164,384 as Region used # of days (April 1, 2013 to December 31, 2013 = 275 days). $4,200,000 * 275/365 = $3,164,384 $3,164,384 + $1,050,000 = $4,214,384 for April 1, 2013 to March 31, 2014. Notes from F-2020-24 June 23, 2020: [8]Projects completed and closed under budget (F-2020-25) Page 209 of 398 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2014 - March 31, 2015 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,893,000 52,000 [1] Doctor Recruitment 1,820 0 1,820 [2] 2014 Election 175,000 169,606 5,394 [3] Rendezvous Canada 50,000 0 50,000 [4] Niagara District Airport Commission Capital 184,977 110,553 74,424 [5] Total Property Tax Relief 6,356,797 6,173,159 183,638 Hospital: 1.5% of Funding Received 322,024 322,024 0 Total Hospital 322,024 322,024 0 Debt Avoidance/Capital Investment: 2015 Capital Budget: Municipal Works LED Street Lighting 1,182,500 1,182,500 0 Surface Treatment Program 1,450,000 1,450,000 0 Rescue 6 Replacement 400,000 400,000 0 Parks Chippawa Boat Ramp Park Improvements 291,000 291,000 0 Chippawa Lions Park Tennis Improvements 63,000 63,000 0 Heritage Park Improvements 72,000 72,000 0 Leash Free Dog Park Improvements 100,000 100,000 0 Transportation Conventional Bus Purchase 550,000 550,000 0 Specialized Bus Replacement 300,000 300,000 0 Shuttle Vehicles 60,000 60,000 0 Traffic Signal Rebuilds 200,000 200,000 0 Traffic Signal Video Detection Replacement 120,000 120,000 0 Page 210 of 398 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Parking Licence Plate Recognition 40,000 48,497 (8,497)[6] Lot #2 Redesign 50,000 50,000 0 Pay & Display Machines 50,000 50,000 0 Fire F9 - SCBA Equipment 450,000 615,104 (165,104)[6] Water Chutes for Tankers 5 & 6 10,000 10,000 0 Back-up Recording System for Communications 25,000 25,000 0 Planning & Building City Hall Service Counters - Mayor & Finance 342,000 342,000 0 R & C Gale Centre - Maintenance & Cleaning Equipment 13,000 13,000 0 Gale Centre - Rink #1 Doors 4,000 4,000 0 Gale Centre - Rink #1 Access 42,000 42,000 0 MacBain Park / Skate park Improvements 12,000 12,000 0 MacBain - Exterior Cameras 11,000 11,000 0 General Government & Information Systems Transp'n - TES Signs Module 20,000 20,000 0 MW -Tree Inventory Project 70,000 70,000 0 Cartegraph Consulting from AGL 40,000 40,000 0 5,967,500 6,141,101 (173,601) F-2015-21 Additional Capital Approvals: Buchanan Ave 2,176,000 2,176,000 0 Peer / Grey Sewer Separation additional funds 100,000 100,000 0 Royal Manor Drive Bridge 50,000 50,000 0 Second Ave Sewer Sep - Morrison to Huron - additional funds 38,000 21,765 16,235 [10] Sidewalk Replacement Program 150,000 150,000 0 Tree Planting (Forestry)37,500 37,500 0 Fleet purchases (all departments)400,000 400,000 0 Battlefield Park 150,000 150,000 0 George Bukator Park Improvements 250,000 250,000 0 Oakes Park Grandstand Improvements 315,000 315,000 0 Page 211 of 398 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Fairview Cemetery Office Renovations 246,000 246,000 0 F49 - Renovations to Station 3 - Female Washroom 60,000 60,000 0 F45 - Diesel Fumes Extraction 99,515 99,515 0 Not in Original Submission - Fire Admin Roof 45,000 45,000 0 Armoury - Boiler Replacement 60,000 59,911 89 [7] 4,177,015 4,160,691 16,324 Additional Transfers: MacBain - Exterior Cameras 0 4,500 (4,500)[8] City Hall Security Cameras 0 17,171 (17,171)[8] Lundy's Lane Streetscape Master Plan 189,815 189,815 0 Millennium Trail Ph 3 - additional fund 0 30,000 (30,000)[8] 189,815 241,486 (51,671) Total Debt Avoidance/ Capital Investment 10,334,330 10,543,279 (208,949) Economic Development: NFT - Destination Marketing Campaign - 2015 300,000 305,281 (5,281)[9] Total Economic Development 300,000 305,281 (5,281) Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 21,513,151 21,543,742 (30,591) Funding Received 21,468,273 Amount carried forward from prior years 2,333,149 Uncommitted amount to carry forward to future years 2,257,679 Page 212 of 398 Attachment 2 April 1, 2014 - March 31, 2015 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2019-45 as at December 10, 2019: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. In 2014 the subsidy amount left in Operating was transferred at $2,893,000 in error (as opposed to the $2,895,000 budgeted). Surplus funds can be recommitted. [2]Different reserve fund was used to fund Doctor Recruitment [3]Election expenses came in under the $175,000 committed. Surplus funds can be recommitted. [4]Rendezvous Canada expense was paid out of operating within the regular operating budget. Additional OLG funding was not required. Surplus funds can be recommitted. [5]Airport capital expenses in 2014 = $15,438 and in 2015 = $95,115, totaling $110,553. Surplus funds can be recommitted. [6]Project was over budget - additional funds were required to be transferred. [7]Project was under budget - surplus funds can be recommitted. [8]OLG funding was used on these projects. [9]Transfer included non-rebateable HST of $5,281 ($300,000 * 1.76%). Notes from F-2020-24 as at June 23, 2020: [10]Project completed and closed under budget (F-2020-04) Page 213 of 398 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2015 - March 31, 2016 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Niagara District Airport Commission Capital 82,739 139,985 (57,246)[2] Total Property Tax Relief 6,027,739 6,034,985 (7,246) Hospital: 1.5% of Funding Received 356,242 356,242 0 Total Hospital 356,242 356,242 0 Debt Avoidance/Capital Investment: 2016 Capital Budget: Pre-approved 2016 Projects / Funding Victoria Ave Streetscape Revitalization - additional funds 2,471,000 2,471,000 0 Municipal Works Emerald Ash Borer (Forestry) - additional funds 275,000 275,000 0 Fleet purchases (all departments)800,000 800,000 0 Reserve Pumper 3 600,000 600,000 0 Parks Chippawa Lions Park Improvements - Additional Funds 100,000 100,000 0 Fernwood Trail Development - Phase 2 27,000 27,000 0 Millennium Trail Section 3 - additional Funds 30,000 30,000 0 Play Structure Replacement Program 100,000 100,000 0 Cemetery Fence Replacement 92,500 92,500 0 Stamford Green Columbarium - Accessibility 15,000 15,000 0 Page 214 of 398 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Transit Conventional Bus Purchases - for 30 minute service (1 bus)100,000 100,000 0 Fire Personal Protective Equipment (Bunker Gear)100,000 100,000 0 Diesel Fumes Extraction 47,000 47,000 0 R & C Chippawa Arena - Refrigeration Equipment Upgrades 465,000 465,000 0 Outdoor Pools Safety Upgrades / Repairs 175,000 175,000 0 General Government & Information Systems CAO - Council Agenda Software 20,000 20,000 0 5,417,500 5,417,500 F-2016-20 Additional Capital Approvals: Retaining Wall in Core Tourist Area 150,000 150,000 0 Tree Inventory 155,000 155,000 0 Crosswalk Improvements in Core Tourist Area 300,000 300,000 0 Firemen's Park 290,000 290,000 0 Millennium Trail Section 6 615,000 615,000 0 Garner Recreation Trail 12,000 12,000 0 Garner Recreation Trail 30,000 30,000 0 Battlefield Site Development 65,000 65,000 0 Oakes Park Grandstands 375,000 375,000 0 Kalar Park Lot 80,000 80,000 0 Ker Park Fencing 21,000 21,000 0 Palmer Park Fencing 21,000 21,000 0 Chippawa West Park Development 33,000 33,000 0 Storage Facilities 150,000 150,000 0 Road Repairs 50,000 50,000 0 Specialized Service Scheduling System 100,000 100,000 0 Wash Rack Undercarriage 15,000 15,000 0 Niagara Region Transportation Masterplan 25,000 25,000 0 Electric Vehicle Charging Stations 25,000 25,000 0 Page 215 of 398 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Pay & Display Machines 50,000 50,000 0 Station 3 Washroom Additions 300,000 300,000 0 Coronation Centre North Wall 40,000 40,000 0 Coronation Centre Basement Floor 12,000 12,000 0 Chippawa Arena Block Work 10,000 0 10,000 [3] MacBain Park Benches 10,000 10,000 0 NF Museum Security Upgrades 5,000 5,000 0 2,939,000 2,929,000 10,000 Additional Transfers: Fairview Cemetery Office Renovations 62,000 62,000 0 Coronation Centre exercise Equipment 0 8,002 (8,002)[4] Transfer to Municipal Reserves F-2016-20 1,019,894 1,019,894 0 Additional Funding Victoria Ave Streetscape (MW 2016-16)824,926 824,926 0 1,906,820 1,914,822 (8,002) Total Debt Avoidance/ Capital Investment 10,263,320 10,261,322 1,998 Economic Development: NFT - Destination Marketing Campaign - 2016 - F-2016-07 250,000 254,401 (4,401)[5] WFOL Additional Funding Request - 2015 BDD-2015-03 300,000 300,000 0 WFOL Additional Funding Request - 2016 BDD 2015-03 300,000 300,000 0 NF Illumination Board Lighting Project - City of NF portion 350,000 350,000 0 Total Economic Development 1,200,000 1,204,401 (4,401) Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 22,047,301 22,056,950 (9,649) Funding Received 23,749,477 Amount carried forward from prior years 2,257,679 Uncommitted amount to carry forward to future years 3,950,206 Page 216 of 398 Attachment 3 April 1, 2015 - March 31, 2016 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Notes from F-2019-45 as at December 10, 2019: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]Airport capital expenses in 2016 = $139,985. Additional funds transferred from OLG. [3]Project work was charged to Operating. Surplus funds can be recommitted. [4]OLG funding was used on this projects. [5]Transfer included non-rebateable HST of $4,401 ($250,000 * 1.76%). Page 217 of 398 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2016 - March 31, 2017 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Canada 150 operating portion 150,000 150,000 0 Niagara District Airport Commission Capital 156,359 123,506 32,853 [2] Total Property Tax Relief 6,251,359 6,168,506 82,853 Hospital: 1.5% of Funding Received 382,574 382,574 0 Total Hospital 382,574 382,574 0 Debt Avoidance/Capital Investment: 2017 Capital Budget: Municipal Works Emerald Ash Borer 150,000 150,000 0 Lundy's Lane Streetscaping 747,412 747,412 0 Road Resurfacing 107,682 107,682 0 Sidewalk Replacement 450,000 306,832 143,168 [9] Tree Planting 30,000 30,000 0 Victoria Ctr Streetscape PH 2 1,137,855 1,137,855 0 Victoria Ave Streetscape PH 2 365,000 365,000 0 Fleet Replacement 1,767,051 1,767,051 0 Parks Artificial Turf 500,000 500,000 0 Chippawa Lions Park Improvements 685,000 685,000 0 FJ Miller Park Play Area Improvements 246,000 246,000 0 Ontario Park Play Area Improvements 237,000 237,000 0 Parks Infrastructure Improvements 1,250,000 1,250,000 0 Cemetery Road Repair 50,000 50,000 0 Transportation Busway & Shelter Rehab 228,960 228,960 0 Bus Growth 282,312 282,312 0 Page 218 of 398 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Cummins ISL Diesel Engines Replcmt 122,112 116,413 5,699 [10] Electronic Farebox Upgrade - CAV 71,232 71,232 0 Emco-Wheaton Posi-lock fueling system 14,246 8,377 5,869 [10] Farebox Replacement - Conventional Fleet 50,880 50,880 0 Farebox Replacement - 2 Conventional Buses 19,334 19,334 0 Fleet Management Software 30,528 30,528 0 Intelligent Transport System - CAV 27,984 27,984 0 Intelligent Transport System - Conventional Fleet 382,617 382,617 0 Orion VII Powertrain & body refurb 228,960 228,960 0 Refrigerant Recover, recycle and recharge machine 3,562 3,562 0 Radio System Requirements 6,614 6,614 0 Radio Upgrade & Replcmt 6,869 6,869 0 Speed Message Boards / PXO Signs 75,000 75,000 0 Tele Driver Hardware/Software 35,616 35,616 0 Upgrade of Fluid Tracking System 14,246 0 14,246 [3] Vinyl decal Replcmt 18,317 18,317 0 ZF Transmission Diagnostic Software 3,053 3,053 0 Fire PPE 100,000 100,000 0 R & C Canada 150 Legacy Project sign 150,000 97,438 52,562 [9] NF Lions Pool - Liner & Pumps 330,000 330,000 0 General Government & Information Systems AGL - Cartegraph 40,000 40,000 0 CAO - Close Captioning Service 15,000 15,000 0 CAO - Council Agenda Software 25,000 25,000 0 Cemetery - Stone Orchard Cemetery Software 50,000 50,000 0 Finance - eBidding Solution 60,000 60,000 0 Gale Ctr Cell & WiFi Signal Improvement 55,000 55,000 0 HR - InfoHR Benefits Integration with Sun Life 20,000 20,000 0 Recreation Software 40,000 19,534 20,466 [9] 10,230,442 9,988,432 242,010 Page 219 of 398 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes F-2017-19 Additional Capital Approvals Paddock Park Reforestation 30,000 26,876 3,124 [10] Drummond Rd Watermain Replcmt 115,000 115,000 0 Fallsview Blvd (Murray to Ferry)130,000 130,000 0 Second / Third Laneway Reconstruction 250,000 0 250,000 [4] Millennium Rec Trail - Section 5 117,000 117,000 0 Riverview Park Improvements 760,945 760,945 0 Fence Replcmt 50,000 50,000 0 Rail Review 60,000 58,635 1,365 [9] Sign Inventory Input Module 60,000 20,000 40,000 [5] Traffic Signal Video Detection 45,000 45,000 0 Fire Prevention Pub Ed Props 10,000 9,316 684 [11] Radio System Upgrade 325,000 325,000 0 Reserve Pumper 2 Replacement 650,000 650,000 0 Asphalt Paving - Service Ctr 75,000 0 75,000 [6] Chippawa Town Hall Windows & Doors 70,000 59,615 10,385 [9] City Hall Blinds 50,000 49,678 322 [11] Designated Substance Clean up 30,000 29,958 42 [11] Chippawa Arena lighting & ceiling upgrades 300,000 221,817 78,183 [9] Chippawa Arena Rubber Floor Replcmt - PH 3 30,000 30,000 0 MacBain Energy Plan - PH 1 850,000 850,000 0 4,007,945 3,548,839 459,106 Additional Transfers: Gale Centre Improvements - Pad #1 0 75,000 (75,000)[7] New Sidewalks 0 250,000 (250,000)[4] Artificial Turf (MW-2017-12)106,054 106,054 0 106,054 431,054 (325,000) Total Debt Avoidance/ Capital Investment 14,344,441 13,968,325 376,116 Economic Development: NFT - Destination Marketing Campaign - 2017 300,000 305,281 (5,281)[8] WFOL Additional Funding Request - 2017 300,000 300,000 0 Total Economic Development 600,000 605,281 (5,281) Page 220 of 398 Attachment 4 April 1, 2016 - March 31, 2017 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 25,778,374 25,324,686 453,688 Funding Received 24,572,981 Amount carried forward from prior years 3,950,206 Uncommitted amount to carry forward to future years 3,198,501 Notes from F-2019-45 as at December 10, 2019: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]Airport capital expenses in 2017 = $123,506. Surplus funds can be recommitted. [3]Project was cancelled. Surplus funds can be recommitted. [4]The funding source for Second/Third Laneway Reconstruction was switched from OLG to Ontario Community Infrastructure Fund (OCIF) while the funding for New Sidewalks was switched from grants to OLG. Net effect = 0 [5]Original commitment amount of $60,000 was an error. Should have been $20,000. Surplus funds can be repurposed. [6]Project note indicates funds not required for 2017. Surplus funds can be repurposed. [7]OLG Funding was used for this project. [8]Transfer included nonrebateable HST of $5,281 ($300,000 * 1.76%) Notes from F-2020-24 as at June 23, 2020: [9]Projects closed and completed under budget (F-2020-25) [10]Projects closed and completed under budget (F-2020-04) [11]Projects closed and completed under budget. Page 221 of 398 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2017 - March 31, 2018 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,945,000 2,895,000 50,000 [1] Lundy's Lane CIP Program 150,000 0 150,000 [3] YMCA Refresh - Phase 1 250,000 250,000 0 Niagara District Airport Commission Capital - 2018 129,131 129,131 0 Total Property Tax Relief 6,474,131 6,274,131 200,000 Hospital: 2.0% of Funding Received 526,596 526,596 0 Total Hospital 526,596 526,596 0 Debt Avoidance/Capital Investment: Committed in 2017 Capital Budget: Lundy's Lane Streetscape PH 1 592,499 592,499 0 Victoria Centre Streetscape Revitalization 4,762,145 4,762,145 0 George Bukator Park Improvements 40,000 16,870 23,130 [4] 2018 Capital Budget: Municipal Works GO Train Projects Engineering Study and Design 500,000 500,000 0 Kalar Rd Reconstruction 361,144 361,144 0 Sidewalk Replacement (2018)136,433 136,433 0 Surface Treatment (2018)820,000 820,000 0 Transit Building Demolition - PH 3 1,200,000 1,200,000 0 Whirlpool Road Reconstruction 1,777,162 1,777,162 0 Fire Personal Protective Equipment (Bunker Gear)100,000 100,000 0 Parks Cricket Pitch 25,000 25,000 0 Millennium Trail Section 5 41,000 41,000 0 Neighbourhood Playground Replacements 1,665,000 1,665,000 0 South End Dog Park Development 151,422 151,422 0 12,171,805 12,148,675 23,130 Page 222 of 398 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes F-2018-20 Additional Capital Approvals: Culp Street Construction 210,000 210,000 0 Road Rehabilitation - Dorchester Road (Interim solution)100,000 100,000 0 Sidewalk Replacement (2018)157,349 157,349 0 Fleet - Pumper 3 Replacement 650,000 650,000 0 Traffic Calming 32,000 32,000 0 Orion VII Engine Replacement 180,000 135,821 44,179 [4] Tourist Core Traffic Management Plans & ITS Strategy175,000 175,000 0 Audio Visual Upgrades 20,000 18,617 1,383 [4] Fire Services Upgrades 80,000 80,000 0 Emergency Basketball / Tennis Court Repairs 400,000 400,000 0 Ker Park 294,774 294,774 0 2,299,123 2,253,561 45,562 Additional Transfers: MacBain Pool Ceiling Repairs 0 100,000 (100,000)[2] Bukator & Rapidsview Drive Sewer Separation 0 142,100 (142,100)[2] GNBA Batting Cages Grant - approved under New Business 45,147 45,147 0 45,147 287,247 (242,100) Total Debt Avoidance/ Capital Investment 14,516,075 14,689,484 (173,409) Economic Development: NFT - Destination Marketing Campaign - 2018 300,000 300,000 0 WFOL Additional Funding Request - 2018 400,000 400,000 0 Total Economic Development 700,000 700,000 0 Page 223 of 398 Attachment 5 April 1, 2017 - March 31, 2018 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 26,416,802 26,390,211 26,591 Funding Received 26,330,001 Amount carried forward from prior years 3,198,501 Uncommitted amount to carry forward to future years 3,138,291 Notes from F-2019-45 as at December 10, 2019: [1]F-2014-23 suggests the City allocate $2,945,000 additional OLG funds to subsidize the property tax budget for 2014 (on top of the $3M already subsidizing property taxes). Budget was actually input at $2,895,000 for 2014 and future years (not $2,945,000) thus the amount left in Operating relating to this report has coincided with the amount budgeted of $2,895,000. Surplus funds can be recommitted. [2]OLG Funding was used for these projects. Notes from F-2020-24 as at June 23, 2020: [3]Lundy's Lane CIP SPR balance is $110,000 as at December 31, 2018 with no uses. Additional $150,000 is not necessary. Money can be repurposed. [4]Project closed under budget (F-2020-25) Page 224 of 398 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2018 - March 31, 2019 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,895,000 2,895,000 0 YMCA Refresh - Phase 2 250,000 250,000 0 Niagara District Airport Commission Capital - 2019 120,285 120,285 0 Total Property Tax Relief 6,265,285 6,265,285 0 Hospital: 2.0% of Funding Received 479,137 479,137 0 Total Hospital 479,137 479,137 0 Debt Avoidance/Capital Investment: 2019 Capital Budget (F-2019-13): Municipal Works 2019 New Sidewalk Construction (Parkway Dr.)102,500 0 102,500 [1] Sidewalk Replacement (2019)460,000 460,000 0 Surface Treatment - Urban and Rural Roads 500,000 500,000 0 Park & Erie Site Cleanup and Investigative Environmental (Old Transit Site) 1,100,000 1,100,000 0 Clifton Hill Resurfacing and Crosswalks Construction 625,000 625,000 0 Blackburn Parkway Construction 1,750,000 1,750,000 0 Emerald Ash Borer Annual Program 180,000 180,000 0 Tree Planting - City Wide Annual Program 100,000 100,000 0 Whirlpool and Niagara Parkway Intersection Improvements 75,000 75,000 0 Victoria Centre Streetscape Revitalization (Clark Ave - Stanley Ave.) Phase 3 Design - Additional Funds 145,000 145,000 0 Fallsview Boulevard Reconstruction - Phase 1 Construction 1,104,741 1,104,741 0 Fleet Equipment Replacement 2,300,000 2,300,000 0 Page 225 of 398 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Parks & Cemetery 2019 Playground Improvement Program - 10 Parks 1,685,700 1,685,700 0 Millennium Trail Section 2 Development 110,000 0 110,000 [2] MacBain CC Playground Safety Surfacing & Trail Restoration 125,000 125,000 0 Oakes Park Canada Summer Games 2021 Park Improvements 150,000 150,000 0 2019 Tennis and Basketball Court Improvement Program 990,000 990,000 0 Fireman's Park Master Landscape Plan 180,000 180,000 0 Oakes Park Concession Building Phase 2 Renovations & Improvements 60,000 60,000 0 Restoration of Veteran & War Dead Memorials not located in the Fields of Honour - Year 1 of 5 year relationship with Federal Government 20,000 20,000 0 Traffic & Parking Traffic Signal Full Rebuild Program 500,000 500,000 0 CN Relocation Plan (deferred then approved later in 2019)300,000 300,000 0 Flashing School Zone Program 20,000 20,000 0 School Crossing Guard Warning Flasher Program 7,500 7,500 0 Overhead Warning Flasher Replacement Program 15,000 15,000 0 New P&D Machine - Fallsview Parking Expansion - 15 units 150,000 150,000 0 Fire Personal Protection Equipment (Bunker Gear)100,000 100,000 0 Boathouse (Chippawa) 100,000 100,000 0 Training Tower Conversion 300,000 300,000 0 Trench Rescue Equipment 100,000 100,000 0 Planning & Building City Hall - Court House Demolition 260,000 260,000 0 City Market Square Demolition 70,000 70,000 0 Page 226 of 398 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Demolition of Old Recreation Building 255,000 255,000 0 City Hall - Landscaping 25,000 25,000 0 Willoughby Town Hall - Accessibility Ramp 75,000 0 75,000 [3] 14,040,441 13,752,941 287,500 F-2019-24 Additional Capital Approvals: Service Centre Fuel Tank Replacements 662,500 662,500 0 Oakes Park Canada Summer Games Park Improvements 400,000 400,000 0 Kalar Road Sports Park Parking Lot Reconstruction 430,000 430,000 0 Allendale/Gray/Peer Implementation Plan 130,000 130,000 0 Ross St. Sewer Separation 75,160 75,160 0 George & Fraser Sewer Separation 100,000 100,000 0 Kitchener St. Sewer Separation 50,000 50,000 0 King Eddy Fencing 50,000 50,000 0 N.S. & T. Trail Stage 1 Improvement 50,000 50,000 0 Fireman's Park 200,000 200,000 0 Coronation Centre Kitchen Expansion 70,000 70,000 0 Pylon Signs/Clocks Retrofit 50,000 50,000 0 Gale Centre Compressor 110,000 110,000 0 Battle Ground Hotel Roof 35,000 35,000 0 City Hall Interior Office Space Planning Design 30,000 30,000 0 Info SWMM and Water Modelling Software (MW)50,000 50,000 0 Gale Centre Security Cameras 25,000 25,000 0 Chippawa Arena Security Cameras 20,000 20,000 0 Stamford Library Branch - Phase 2 760,000 760,000 0 3,297,660 3,297,660 0 Additional Transfers: Bukator & Rapidsview Drive Sewer Separation - additional funds MW- 2019-21 128,800 128,800 0 128,800 128,800 0 Total Debt Avoidance/ Capital Investment 17,466,901 17,179,401 287,500 Page 227 of 398 Attachment 6 April 1, 2018 - March 31, 2019 OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Economic Development: Total Economic Development 0 0 0 [4] Policing: Policing 4,200,000 4,200,000 0 Total Policing 4,200,000 4,200,000 0 Total Commitments 28,411,323 28,123,823 287,500 Funding Received 23,956,867 Amount carried forward from prior years 3,138,291 Overcommitted amount to carry forward to future years (1,028,665) Notes from F-2019-45 as at December 10, 2019: [1]Project cancelled September 10, 2019 , MW-2019-25. Money can be repurposed. [2]Council put project on hold for staff to revise amount of design monies requested. Staff revised design total from $200,000 to $80,000 through MW-2019-11 with funding coming from DC's and Capital Special Purpose Reserves. OLG funding can be recommitted. [3]Project was cancelled. Surplus funds can be recommitted. [4]Hotel Tax came into effect January 1, 2019 and traditional Economic Development commitments to NFT and WFOL were no longer paid with OLG funds. These groups approach Niagara Falls Canada Hotel Association for funding moving forward. Page 228 of 398 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls April 1, 2019 - December 31, 2019 (9 months) OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 2,250,000 2,250,000 0 [1] 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,171,250 2,171,250 0 [1] Niagara District Airport Commission Capital - 2020 116,963 116,963 0 Total Property Tax Relief 4,538,213 4,538,213 0 Hospital: 2.0% of Funding Received 362,925 362,925 0 Total Hospital 362,925 362,925 0 Debt Avoidance/Capital Investment: 2020 Capital Budget (approved Dec. 10, 2019): Municipal Works 2020 Sidewalk Replacement Program 26,489 26,489 0 Millennium Trail Fencing 93,492 93,492 0 Fleet Equipment Replacement 2,136,765 2,136,765 0 Parks & Cemetery Oakes Park Improvements for Canada Summer Games 1,520,000 1,520,000 0 Warren Woods West Park Development 80,000 80,000 0 Fern Park Trail Development 35,000 35,000 0 Warren Woods East Park Development 37,500 37,500 0 Playground Improvement Program 1,099,000 1,099,000 0 Master Planning Future Cemetery Development 120,000 120,000 0 Redevelopment of Lundy's Lane Cemetery Corner 15,000 15,000 0 Road Repair Program 50,000 50,000 0 Wet & War Dead Monument Restoration 20,000 20,000 0 Sea Container Storage Installation at Fairview Cemetery 25,000 25,000 0 Supply & Installation of Niche Cabinet - Stamford 30,000 30,000 0 Transit In-Ground 3 Post Hoist (Artic Buses)132,016 132,016 0 Bridge St. Multi-Modal Hub 440,055 440,055 0 Page 229 of 398 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Implementation of New Farebox System 293,370 293,370 0 Intermunicipal Layby Construction 146,685 146,685 0 Supervisors Vehicle 20,536 20,536 0 Brakemate 25,300 25,300 0 Shelter and Washroom at Niagara Square 357,500 357,500 0 Traffic & Parking Traffic Calming Program 8,297 8,297 0 Traffic Signal - Full Rebuild Program 500,000 500,000 0 Trainfo (11 Sensors)58,800 58,800 0 SCG Warning Flasher Program 15,000 15,000 0 City Wide Parking Strategy 75,000 75,000 0 Fire Fire Tanker Truck 550,000 550,000 0 Personal Protective Equipment (Bunker Gear)68,657 68,657 0 NG 9-1-1 Consultant 200,000 200,000 0 Training Tower Upgrade - Props 100,000 100,000 0 Training Ground Upgrade - Survival House 30,000 30,000 0 Planning & Building Portable Emergency Power - Stn 6 75,000 75,000 0 Replacement batteries - UPS System 8,300 8,300 0 Prince Charles Pool Floor Replacement 16,800 16,800 0 Fire Station 1 Building Improvements 82,500 82,500 0 Fire Station 2 Building Improvements 160,600 160,600 0 Fire Station 3 Building Improvements 52,580 52,580 0 Fire Station 4 Building Improvements 37,400 37,400 0 Fire Station 6 Building Improvements 127,710 127,710 0 Firehall Theatre Building Improvements 22,000 22,000 0 Lundy's Lane Cemetery Operations & Maintenance Building 17,820 17,820 0 Recreation & Culture Recreation & Culture 10 year Master Plan 64,000 64,000 0 Design and Community Consultation for Chippawa Willoughby Arena and Library Improvements 120,000 120,000 0 Design Opertions for new Sports Wall of Fame 10,000 10,000 0 Battleground Hotel Fencing 10,000 10,000 0 Page 230 of 398 Attachment 7 April 1, 2019 - December 31, 2019 (9 months) OLG Detail F-2020-24 June 23, 2020 Original OLG Funding Committed Revised OLG Funding Committed Difference Notes General Government & Information Systems Park St. Affordable Housing Site 328,607 328,607 0 Exterior Security Cameras - MacBain 54,000 54,000 0 IS - Dell Stoage Area Network 140,000 140,000 0 NRBN Cisco VoIP Phone Upgrades 95,000 95,000 0 Exterior Security Cameras - Fairvew 17,000 17,000 0 Legal Services - File/Knowledge Management Software 45,000 45,000 0 Fire - Sinirji Monitors for Station 2, 3, 5 & 6 Bays 20,000 20,000 0 9,813,779 9,813,779 0 Additional Transfers: John N. Allan Park Tennis and Basketball Courts Development (MW-2019-27) 110,000 110,000 0 110,000 110,000 0 Total Debt Avoidance/ Capital Investment 9,923,779 9,923,779 0 Economic Development: Total Economic Development 0 0 0 Policing: Policing 3,150,000 3,150,000 0 [1] Total Policing 3,150,000 3,150,000 0 Total Commitments 17,974,917 17,974,917 0 Funding Received 18,146,271 [1] Interest earned on Reserve Fund 22,236 [2] Amount carried forward from prior years (1,028,665) Overcommitted amount to carry forward to future years (835,075) Notes from F-2020-24 as at June 23, 2020: [1]Commitments and funding based on the 9 month period April 1 to December 31, 2019. [2]Staff transferred OLG Special Purpose Reserve to a Reserve Fund in September 2019. Interest earned on reserve funds are allocated back to the reserve fund as opposed to special purpose reserves where interest earned is left in the property tax budget. Page 231 of 398 Attachment 8 January 1, 2020 - December 31, 2020 OLG Detail F-2020-24 June 23, 2020 City of Niagara Falls January 1, 2020 - December 31, 2020 OLG Detail Original OLG Funding Committed Revised OLG Funding Committed Difference Notes Property Tax Relief: Historical Tax Subsidy 3,000,000 3,000,000 0 2014 Tax Subsidy for Change in Regional Policy (F-2014-23)2,895,000 2,895,000 0 Niagara District Airport Commission Capital - 2021 0 0 0 Total Property Tax Relief 5,895,000 5,895,000 0 Hospital: 2.0% of Funding Received 0 0 0 Total Hospital 0 0 0 Debt Avoidance/Capital Investment: 2021 Capital Budget: 0 0 0 0 0 Total Debt Avoidance/ Capital Investment 0 0 0 Economic Development: NF Ryerson Innovation Hub Fed Dev Grant (Year 2 of 4)739,230 739,230 Total Economic Development 739,230 739,230 0 Policing: Policing 4,200,000 1,050,000 3,150,000 Total Policing 4,200,000 1,050,000 3,150,000 Total Commitments 10,834,230 7,684,230 3,150,000 Funding Received 3,974,389 [1] Amount carried forward from prior years (835,075) Overcommitted amount to carry forward to future years (4,544,916) Notes from F-2020-24 as at June 23, 2020: [1]Funding represents Q1 payment, January 1 to March 31, 2020 received April 21, 2020 Page 232 of 398 F-2020-30 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-30 2020 Capital Budget Update/2021 Capital Budget Funding Forecast RECOMMENDATION That Council receive report F-2020-30, entitled 2020 Capital Budget Update/2021 Capital Budget Funding Forecast, for information. EXECUTIVE SUMMARY Attachment 1 contains a list of the approved 2020 capital projects detailing approved budgets, including a breakdown of internal/external funding approved for 2020. In the five rightmost columns of the attachment Staff have identified which of those projects have started or will start in 2020, and which of those projects are either on hold or delayed due to COVID-19 or other reasons as identified in the comments column. Of the $77.65M approved in the 2020 capital budget, it is estimated that $71.89M of the projects will proceed in 2020 as planned, while $5.76M of the projects will be pushed out to 2021. Staff have also identified in the body of this report the known funding sources and amounts anticipated for the 2021 capital budget. It is expected that, in contrast to the 2020 capital budget which was the largest in the City’s history, the capital budget for 2021 will be much smaller due to lack of available funding, however the smaller budget will allow for staff to “catch up” on projects that are already active and ongoing. BACKGROUND This report is being prepared to provide Council with an update on the status of capital projects approved in the 2020 Capital Budget. Specifically this report provides forecasts on whether these capital projects will proceed in 2020 as originally planned, or if they will be delayed until 2021 due to the impact of COVID-19. The effects of COVID-19 on all levels of government, business, and people have been felt worldwide, and the City of Niagara Falls is no exception. Yet, in spite of City Hall and other locations being closed to the public, it is still “business as usual” behind the scenes Page 233 of 398 2 F-2020-30 June 23, 2020 to support our taxpayers and carry on with our approved projects as Federal/Provincial quarantine restrictions allow. As we approach the end of Q2 after experiencing the quarantine for nearly three months, it is important to understand the effects of COVID-19 on our current year’s capital budget and projects, in order that we may be better equipped with knowledge as we prepare for our 2021 capital budget process. It is expected that also due to COVID-19 some of our funding sources for the 2021 capital budget (example OLG funding) will be affected and therefore will have an impact on the total funding available for future capital projects. 2021 will be the year to “catch up” on existing approved and ongoing projects while the economy continues to recover. ANALYSIS/RATIONALE Staff wish to summarize some of the data contained in Attachment 1. Of the $77.65M approved 2020 capital budget, it is estimated that $71.89M of the projects will proceed in 2020 as planned, while $5.76M of the projects will be pushed out to 2021. If we break out the projects per category according to the 2020 capital budget, we see the following budgets of projects that are expected to start in 2020 or are on hold and will start/continue in 2021: 71,892,271 5,762,090 2020 Approved Capital Budget: Total Project Budgets Starting in 2020 and 2021 Budget of Projects to start in 2020 Budget of Projects to start in 2021 Page 234 of 398 3 F-2020-30 June 23, 2020 Budget Category Budget of Projects to start in 2020 Budget of Projects to start in 2021 Total Committed in 2019 14,745,206 - 14,745,206 Municipal Works 26,967,288 4,040,000 31,007,288 Fleet 3,227,500 - 3,227,500 Parks 4,324,000 4,324,000 Cemetery 305,000 15,000 320,000 Transit 5,053,000 880,000 5,933,000 Traffic 959,000 959,000 Parking 150,000 150,000 Fire 430,000 430,000 Planning & Building 210,870 541,090 751,960 Recreation & Culture 13,895,000 21,000 13,916,000 General Government & Information Systems 1,177,963 1,177,963 Library 447,444 265,000 712,444 Total 71,892,271 5,762,090 77,654,361 - 5 10 15 20 25 30 35 40 45 50 Committed in 2019 Municipal Works Fleet Parks Cemetery Transit Traffic Parking Fire Planning & Building Recreation & Culture General Government & Information Systems Library 2020 Approved Capital Budget: Project Budgets Starting in 2020 and 2021 # of Projects to start in 2020 # of Projects to start in 2021 Page 235 of 398 4 F-2020-30 June 23, 2020 Of the 125 capital projects with budgets approved in 2020, 108 are expected to start in 2020 and 17 are on hold and will start/continue in 2021. Breaking out the projects by category according to the 2020 capital budget, we see the following numbers of projects that are expected to start in 2020 or are on hold and will start/continue in 2021: 108 17 2020 Capital Budget: Total Projects Starting in 2020 and 2021 # of Projects to start in 2020 # of Projects to start in 2021 Budget Category # of Projects to start in 2020 # of Projects to start in 2021 Total # of Approved Projects Committed in 2019 7 - 7 Municipal Works 42 2 44 Fleet 1 - 1 Parks 6 - 6 Cemetery 6 1 7 Transit 10 1 11 Traffic 4 - 4 Parking 1 - 1 Fire 4 - 4 Planning & Building 5 9 14 Recreation & Culture 7 1 8 General Government & Information Systems 10 - 10 Library 5 3 8 Total 108 17 125 Page 236 of 398 5 F-2020-30 June 23, 2020 Staff also wish to remind Council that there are a number of projects that were approved in 2019 and prior that are still open and active as follows: - 5 10 15 20 25 30 35 40 45 50 Committed in 2019 Municipal Works Fleet Parks Cemetery Transit Traffic Parking Fire Planning & Building Recreation & Culture General Government & Information Systems Library 2020 Capital Budget: Number of Projects Starting in 2020 and 2021 # of Projects to start in 2020 # of Projects to start in 2021 Budget Category # of Projects started in 2019 and prior # of Projects to start in 2020 # of Projects to start in 2021 Total # of Approved/Ongoing Projects Committed in 2019 7 - 7 Municipal Works 79 42 2 123 Fleet 2 1 - 3 Parks 46 6 - 52 Cemetery 4 6 1 11 Transit 8 10 1 19 Traffic 8 4 - 12 Parking 4 1 - 5 Fire 14 4 - 18 Planning & Building 2 5 9 16 Recreation & Culture 15 7 1 23 General Government & Information Systems 8 10 - 18 Library 16 5 3 24 Total 206 108 17 331 Page 237 of 398 6 F-2020-30 June 23, 2020 In preparation for the 2021 capital budget process, Staff have identified known internal and external funding sources as follows: Note that certain types of funding sources can only be allocated to certain types of projects. For example, it would be inappropriate to allocate Sewer or Water funding from operating transfers to a Transit or a Cemetery project. Because of this concept, our flexibility to apply these funding sources to capital projects is limited. 206 108 17 Number of Active and Ongoing Projects # of Projects started in 2019 and prior # of Projects to start in 2020 # of Projects to start in 2021 Funding Source Available Funding Operating 4,000,000 Sewer 5,000,000 Water 5,000,000 Library (from operating) To Be Determined Capital SPRS - OLG Reserve Fund - Reserve Funds - Dev. Charges - Debentures - Federal Gas Tax 2,793,185 Provincial Gas Tax (Transit) To Be Announced OCIF To Be Announced Federal/ Provincial Grants 7,211,273 External Contributions - Other - Total 24,004,458 Page 238 of 398 7 F-2020-30 June 23, 2020 While we still expect to receive some funds from sources such as the Ontario Community Infrastructure Fund (OCIF) and Provincial Gas Tax (Transit), we are conservatively assuming that the OLG amount available for capital could be as low as $0 for 2021. Given the economic impacts of COVID-19 on our cash flow, it is prudent to put usage of reserve funds on hold at this time. A number of reports have been approved by Council to “pre-approve” 2021 capital budget dollars towards various projects. Staff have summarized these project pre- approvals to date in the chart below. Total pre-approved budgets are $18.82M. Of the $24.00M in funding available as per the funding sources chart above, $10.44M internal or external funding has been committed to these projects below. Funding sources still have yet to be determined and committed for the unfunded portion of pre-approved budgets totalling $8.38M. Additionally, there are two projects the City applied for ICIP funding for that have yet to be reported to or approved by Council, as the City awaits approval on grant funding. Should the grant be approved for the Willoughby Arena and Library project, the City will be responsible to fund approximately $2M over the next two years. For the Drummond Road project (Sewer Separation, Watermain Replacement, and Road Reconstruction), if the grant is approved for this multi-year project the City will be responsible to fund Project Description Pre-Approved Budget Funded Unfunded Committed in 2020 Residential Water Meter Replacement Program (year 3 of 4)3,032,072.00 3,032,072.00 - NG 9-1-1 Consultant 200,000.00 200,000.00 - The Culture Hub Public Art and Wall of Fame 130,000.00 - 130,000.00 Replacement of Two (2) Conventional Transit Buses 2,200,000.00 - 2,200,000.00 Transit Bus HD Video Camera System - ICIP 990,000.00 725,967.00 264,033.00 Replacement of Six (6) Conventional Transit Buses - ICIP 4,675,000.00 3,428,178.00 1,246,822.00 Automotive Lift - ICIP 44,000.00 32,265.20 11,734.80 Fuel System Upgrade - ICIP 220,000.00 161,326.00 58,674.00 Extension of Parking and Storage Facilities - ICIP 3,850,000.00 2,823,205.00 1,026,795.00 Video Surveillance Equipment (Bus Terminal/HUBS)55,000.00 40,331.50 14,668.50 Tennant T20 Heavy-Duty Industrial Scrubber - ICIP 88,000.00 - 88,000.00 Service Centre 2,125,000.00 - 2,125,000.00 QEW Watermain Crossing 650,000.00 - 650,000.00 Pin Oak 435,000.00 - 435,000.00 Gunning & Mears Pumping Station Upgrades 129,700.00 - 129,700.00 Committed in 2020 Total 18,823,772.00 10,443,344.70 8,380,427.30 Page 239 of 398 8 F-2020-30 June 23, 2020 approximately $5.8M over three phases, including $2.37M specifically for the 2021 portion. The chart below shows that given the known available funding sources totalling $24.00M and the pre-approved capital budgets totalling $18.82M for 2021, there is approximately $5.18M available for the remainder of the 2021 capital budget. However, Council must remember that depending on the source of funding that’s remaining, it would only be appropriate to be applied to certain types of project, i.e. the remaining fund may only be able to used towards water or sewer related projects. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Attachment 1 contains a list of the approved 2020 capital projects detailing approved budgets, including a breakdown of internal/external funding approved for 2020. In the five rightmost columns of the attachment Staff have identified which of those projects have started or will start in 2020, and which of those projects are either on hold or delayed due to COVID-19 or other reasons as identified in the comments column. Of the 125 approved projects, 108 of them are expected to start in 2020 and 17 of them are on hold and will start/continue in 2021. In other words, of the $77,654,361 approved 2020 capital budget, it is estimated that $71,892,271 of the projects will proceed in 2020 as planned, while $5,762,090 of the projects will be pushed out to 2021. Since COVID-19 is still very much an active pandemic and we are still only in Phase 1 of the Province’s plan to reopen, these estimates may change before the end of this fiscal year. However, staff must keep these figures in mind while they continue with 2020 operations and as they plan for the 2021 capital budget. Staff must also be prepared for 2021 to be a “catch up year”. Given the economic impacts of COVID-19 on funding sources for our 2021 capital budget, in contrast to the historically large capital budget of $77.65M in 2020, the capital budget for 2021 will be quite small ($24.00M at present), and $18.82M of that is already committed, leaving $5.18 remaining to allocate to new capital projects, however noting the two pending ICIP applications as well. Considering the 331 capital projects already approved and still active and ongoing, it is the ideal time to finish what we have started and aim to complete and close most of these active projects. Total Available Funding for 2021 Capital Budget 24,004,458 Less Funding for PreApproved Budgets (10,443,344.70) 13,561,113.28 Less Unfunded Amount for Pre-Approved Budgets (8,380,427.30) Remaining Funding Available for 2021 Capital Budget 5,180,685.98 Page 240 of 398 9 F-2020-30 June 23, 2020 CITY’S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure LIST OF ATTACHMENTS 1. 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer J. Yarnell Page 241 of 398 Attachment 1 - 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data F-2020-30 June 23, 2020 City of Niagara Falls 2020 Capital Budget: Status/Forecast for 2020 Capital Projects during COVID-19 Project Description D, C, DC, or P? Project ID Approved Budget Internal Funding External Funding Has the project started? If yes, is it ongoing or on hold? If no, will it start in 2020 or be delayed till 2021? If delayed, is there an impact on external funding? Comments Committed in 2019 - - Fire Station 7 F53 7,248,365 7,248,365 - Yes Ongoing Fire Tanker Truck FR7-20 550,000 550,000 - Yes Ongoing Residential Water Meter Replacement Program (year 2 of 4)C W54 3,032,072 3,032,072 - Yes On Hold 2020 Will be proceeding once permitted to enter households again Biggar Road EA (Hospital)TSP45-20 150,000 150,000 - Yes Ongoing Need to speak to Erik Nickel regarding additional project costs and City portion of EA Traffic Calming Program DC TSP-38 25,000 25,000 - No 2020 Need to amend project costs. Council approved report TS-2020-03 additional $30,000 required Montrose Road Reconstruction (Mcleod Road to Charnwood Avenue) Regional Project Cost Sharing Portion OnlyDCR120-20 2,326,000 - 2,326,000 Yes Ongoing Region will be invoicing for our share upon completion Winzen Subdivision DC MS42-20 1,413,769 1,413,769 - Yes Ongoing Development driven project Committed in 2019 Total 14,745,206 12,419,206 2,326,000 Municipal Works - - Salaries 1,007,779 1,007,779 - 2020 Asphalt Overlay Program P R121-20 520,000 520,000 - Yes Ongoing Tender Awarded - Construction to start in July Asset Management Plan Update G12 300,000 - 300,000 No 2020 Consultant will be hired in the next few months Beaver Valley SWM Pond Expansion C STMS47 1,628,000 1,369,148 258,852 No 2020 Work being completed as part of adjacent development Belfast Avenue, Baldwin Avenue & Lee Avenue Road ReconstructionCR95 543,100 - 543,100 Yes Ongoing Construction underway Bukator Drive and Rapids View Drive Sewer SeparationC MS34 3,071,250 1,588,459 1,482,791 No 2020 No Construction to proceed following completion of Regional work in the area Central Pump Station Demolition C SS79-20 100,000 100,000 - No 2020 Region will be invoicing for our share upon completion - likely not until 2021 Kitchener Street Sewer Separation C SS34 3,388,200 1,738,767 1,649,433 Yes Ongoing Construction underway Sanitary Network Condition Assessment P SS70 500,000 500,000 - Yes Ongoing Inspection work underway Whirlpool Road Roundabout DC R84 1,400,000 2,411 1,397,589 Yes On Hold 2021 Yes Design proceeding, construction on hold until 2021 or 2022 as NPC can't fund their share Weinbrenner Road Upgrades DC MS43-20 2,056,661 2,056,661 - No 2020 Development driven project Garner Road (Warren Woods Ave - McLeod Rd) Reconstruction - ConstructionCMS404,575,000 4,475,000 100,000 Yes Ongoing Development driven project Forestview Estates Subdivision MS44-20 364,806 364,806 - Yes Ongoing Development driven project Young and Hopf-Wagner Municipal Drains C STMS50-20 280,000 140,000 140,000 Yes Ongoing City cost sharing on Port Colborne led project. Construction underway. Will be invoiced once completed 2020 Road Rehabilitation Program P R122-20 3,000,000 3,000,000 - Yes Ongoing Tender Awarded - Construction to start shortly 2020 Sidewalk Replacement Program C R123-20 760,000 426,489 333,511 Yes Ongoing Tender Awarded - Construction to start shortly Beck Road Bridge (S104B)C BC1 2,640,000 - 2,640,000 No 2021 No This project can commence late this year or be delayed until 2021. Some risk with further delays South NF I/I Remediation Action Program P SS72 300,000 150,000 150,000 Yes Ongoing Construction underway Drummond Road Improvements (Hydro Corridor to Mcleod Road)D R124-20 130,000 130,000 - No 2020 Potential joint design with Regional Intersection workPage 242 of 398 Attachment 1 - 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data F-2020-30 June 23, 2020 Project Description D, C, DC, or P? Project ID Approved Budget Internal Funding External Funding Has the project started? If yes, is it ongoing or on hold? If no, will it start in 2020 or be delayed till 2021? If delayed, is there an impact on external funding? Comments Sanitary Network State of Good Repair Program Year 1P SS70 2,000,000 1,400,000 600,000 Yes Ongoing Tender to be issued in next month 2021 Main St - Chippawa - Road Reconstruction & Storm Sewer ReplacementDR125-20 100,000 100,000 - Yes Ongoing In house survey completed Brown Rd / Kalar Rd - Widening/Sidewalk DC R126-20 364,000 364,000 - Yes Ongoing Consultant will be hired shortly St. John Street Road Reconstruction D MS45-20 35,000 35,000 - Yes Ongoing In house survey completed Willoughby Drive Reconstruction D MS46-20 160,000 160,000 - No 2020 In house survey to commence shortly Valley Way Implementation Strategy D STMS46 100,000 87,500 12,500 Yes Ongoing Consultant will be hired shortly Millennium Trail Fencing C P121-20 93,492 93,492 - Yes Ongoing Project completed Reflective Hydrant Markers C W56-20 18,000 18,000 - No 2020 Project requires Water Model calibration to be completed in next few months Banting Avenue & Roosevelt Avenue Sanitary Sewer & Watermain ReplacementDMS47-20 20,000 20,000 - Yes Ongoing In house design underway Fern Avenue, Marieclaude Avenue & Jordan Avenue Watermain ReplacementW57-20 15,000 15,000 - Yes Ongoing In house design underway Huggins Street Area Sewer Separation Study SS58 50,000 25,000 25,000 No 2020 No Consultant will be hired in the next few months Willinger Street Watermain Replacement D W58-20 10,100 10,100 - Yes Ongoing In house design underway Victoria Avenue Bridge (S039B)D BC20-20 65,000 - 65,000 No 2020 Consultant will be hired shortly Silvertown Area Functional Servicing Assessment StudyD MS48-20 150,000 - 150,000 No 2020 Consultant will be hired in the next few months Chippawa Parkway Culvert (M054C)D BC21-20 35,000 35,000 - No 2020 Consultant will be hired shortly North Street Watermain Replacement D W59-20 16,100 16,100 - Yes Ongoing In house design underway Portage Road & Prospect Street Sewer SeparationD SS80-20 233,700 207,500 26,200 Yes Ongoing Design underway Brooks Street Watermain Replacement C W60-20 551,800 551,800 - Yes Ongoing Tender Awarded - Construction to start shortly Marshall Road Bridge (M123B)D BC22-20 10,000 10,000 - No 2020 Consultant will be hired shortly Ort Road Bridge (M112B)D BC23-20 15,000 15,000 - No 2020 Consultant will be hired shortly Huron Street Road Reconstruction D MS49-20 78,800 78,800 - Yes Ongoing Design underway Armoury Street Sewer Separation D MS50-20 100,000 89,365 10,635 No 2020 No Consultant will be hired in the next few months Elm Street Sewer Separation D MS51-20 61,200 53,500 7,700 Yes Ongoing Design underway Homewood Avenue Sewer Separation D MS52-20 58,700 51,200 7,500 Yes Ongoing Design underway Maple Street Sewer Separation D MS53-20 101,600 87,900 13,700 Yes Ongoing Design underway Municipal Works Total 31,007,288 21,093,777 9,913,511 Fleet - - Fleet Equipment Replacement FR7-20 3,227,500 3,227,500 - Yes Ongoing No Projects will be delayed due to temporary auto manufacturing shutdowns. Fleet Total 3,227,500 3,227,500 - Page 243 of 398 Attachment 1 - 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data F-2020-30 June 23, 2020 Project Description D, C, DC, or P? Project ID Approved Budget Internal Funding External Funding Has the project started? If yes, is it ongoing or on hold? If no, will it start in 2020 or be delayed till 2021? If delayed, is there an impact on external funding? Comments Parks - - Oakes Park Improvements for Canada Summer Games 2021DCP116 1,570,000 1,520,000 50,000 Yes Ongoing 2020 Yes Construction timelines being revised Warren Woods West Park Development DC P63 800,000 800,000 - Yes Ongoing No Design in progress. Construction: summer/fall 2020 Fern Park Trail Development DC P112 350,000 350,000 - Yes Ongoing No Design in progress. Construction subject to Hydro One Licence Agreement Warren Woods East Park Development DC P63 375,000 375,000 - Yes Ongoing No Design in progress. Construction: summer/fall 2020 Playground Improvement Program P P120,122-127 -20 1,209,000 1,209,000 - Yes Ongoing No Design in progress. Construction: summer/fall 2020 MacBain Park Skatepark Improvements C RF57-20 20,000 20,000 - No On Hold 2020 No Coordination of work with park operations Parks Total 4,324,000 4,274,000 50,000 Cemetery - - Master Planning Future Cemetery Development D C21-20 120,000 120,000 - Yes Ongoing RFP complete and delivered for posting Redevelopment of Lundy's Lane Cemetery CornerD C22-20 15,000 15,000 - No 2021 Assume delaying for a year - LPAT Hearing Delayed Road Repair Program P C15 50,000 50,000 - No 2020 To commence ASAP Vet & War Dead Monument Restoration P C19 40,000 20,000 20,000 Yes Ongoing Yes Commonwealth is completing monument orders - contractor to install late summer/fall Fence Replacement Program P C6 40,000 40,000 - No 2020 To commence ASAP Sea Container Storage Installation at Fairview CemeteryC C23-20 25,000 25,000 - Yes Ongoing Nearly Complete - Last container to be delivered Thursday April 30, 2020 Supply & Installation of Niche Cabinet - Stamford C9 30,000 30,000 - Yes Ongoing Nearly Complete - Niche cabinet construction nearly complete, awaiting Installation Cemetery Total 320,000 300,000 20,000 Transit - - In-Ground 3 Post Hoist (Artic Buses) - ICIP T47-20 495,000 132,016 362,984 No 2020 Yes Bridge Street Multi-Modal Hub - ICIP DC 1,650,000 440,055 1,209,945 No 2020 Yes Pending ICIP Approval Implementation of New Farebox System - ICIP T48-20 1,100,000 293,370 806,630 No 2020 Yes Intermunicipal Layby Construction - Morrison St. - ICIPDC T49-20 550,000 146,685 403,315 No 2020 Yes Pending Transit Strat Plan Finalization Radio/VOIP Update (CAD/AVL) - ICIP 880,000 - 880,000 No 2021 No Deferred to 2021. Partnership with other Transit Agencies Refurbishment of Four (4) Conventional Transit Buses - ICIPT46-20 660,000 - 660,000 No 2020 Yes Supervisor's Vehicle - ICIP 77,000 20,536 56,464 No Yes Pending ICIP Approval. Possibility of not being approved Transmission Refurbishment of Six (6) Conventional Transit Buses - ICIPT50-20 68,200 - 68,200 No 2020 Yes Brakemate T42-20 25,300 25,300 - No 2020 No Shelter and Washroom at Niagara Square T43-20 357,500 357,500 - Yes Ongoing No Component of larger MW project for Canadian/Pin Oak (Costco) Replacement of 3 Ventilation Fans T44-20 70,000 70,000 - No 2020 No Transit Total 5,933,000 1,485,462 4,447,538 Page 244 of 398 Attachment 1 - 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data F-2020-30 June 23, 2020 Project Description D, C, DC, or P? Project ID Approved Budget Internal Funding External Funding Has the project started? If yes, is it ongoing or on hold? If no, will it start in 2020 or be delayed till 2021? If delayed, is there an impact on external funding? Comments Traffic - - Traffic Signal - Full Rebuild Program (Portage @ Keith, Portage @ Colborne)DC TSP16 500,000 500,000 - Yes Ongoing Trainfo (11 Sensors)DC TSP37 294,000 58,800 235,200 No 2020 Yes Will start pending grant award. Timelines TBD Portage Road EA (Main to Marineland)TSP47-20 150,000 150,000 - No 2020 No RFP to be developed over Summer 2020 - award/Kick off Fall 2020. Invoicing expected in 2021 SCG Warning Flasher Program TSP43 15,000 15,000 - No 2020 Traffic Total 959,000 723,800 235,200 Parking - - City Wide Parking Strategy Plan PRKG46-20 150,000 150,000 - Yes On Hold 2020 On hold by CAO - current situation would not provide proper assessment data. Potential late fall start on RFP for 2021 assessment Parking Total 150,000 150,000 - Fire - - Personal Protective Equipment (Bunker Gear)F38 100,000 100,000 - Yes Ongoing NG 9-1-1 Consultant DC F76-20 200,000 200,000 - Yes On Hold 2020 Required by legislation Training Tower Upgrade - Props C F18 100,000 100,000 - Yes Ongoing Completed by end of May Training Ground Upgrade - Survival House C F40-20 30,000 30,000 - Yes Ongoing Completed by end June Fire Total 430,000 430,000 - Planning & Building - - Portable Emergency Power - Stn. 6 F69-20 75,000 75,000 - No 2020 Replacement of batteries in the emergency UPS system RF55-20 8,300 8,300 - No 2020 Prince Charles Pool Floor Replacement RF56-20 16,800 16,800 - No 2020 City Hall Building Improvements C BP3 92,950 92,950 - Yes Ongoing CORE Building Improvements C BP39-20 8,800 8,800 - No 2021 No Fire Station 1 Building Improvements C F70-20 82,500 82,500 - No 2021 No Fire Station 2 Building Improvements C F71-20 160,600 160,600 - No 2021 No Fire Station 3 Building Improvements C F72-20 52,580 52,580 - No 2021 No Fire Station 4 Building Improvements C F74-20 37,400 37,400 - No 2021 No Fire Station 6 Building Improvements C F75-20 127,710 127,710 - No 2021 No Fire Station Administration Building ImprovementsC F73-20 16,500 16,500 - No 2021 No Firehall Theatre Building Improvements C BP40-20 22,000 22,000 - No 2021 No Service Centre Building Improvements C BP5 17,820 17,820 - Yes Ongoing Lundy's Lane Cemetery Operations & Maintenance Building C C20-20 33,000 33,000 - No 2021 No Planning & Building Total 751,960 751,960 - Page 245 of 398 Attachment 1 - 2020 Capital Budget Update/2021 Capital Budget Funding Forecast Data F-2020-30 June 23, 2020 Project Description D, C, DC, or P? Project ID Approved Budget Internal Funding External Funding Has the project started? If yes, is it ongoing or on hold? If no, will it start in 2020 or be delayed till 2021? If delayed, is there an impact on external funding? Comments Recreation & Culture - - Construction of the new Culture Hub & Market Building RF41 13,500,000 10,500,000 3,000,000 Yes On Hold No Out for tender summer Recreation & Culture 10 Year Strategic Plan RF58-20 200,000 200,000 - Yes Ongoing Out for tender Design and community consultation for Chippawa Willoughby Arena Improvements and Library RF59-20 120,000 120,000 - No 2020 Late summer/fall Issue RFP for design options for a new Sports Wall of Fame.RF60-20 10,000 10,000 - No 2020 Late summer/fall Water pump & Motor replacement RF40 20,000 20,000 - Yes Ongoing 50% complete Gale Centre Rink #1 Seat Repairs RF40 21,000 21,000 - No 2021 Seat discontinued, cost will be much higher - will revise budget for 2021 Willoughby Historical Museum Redesign RF61-20 35,000 35,000 - No 2020 Fall Battlegound Hotel Fencing RF62-20 10,000 10,000 - No 2020 Summer R&C Total 13,916,000 10,916,000 3,000,000 General Government & Information Systems - - Niagara District Airport - 2020 Agreement 116,963 116,963 - Furniture G15 100,000 100,000 - Small Equipment G31 90,000 90,000 - Park Street Affordable Housing Site Remediation BP32 500,000 500,000 - Installation of exterior security cameras @ MacBain CentreRF27 54,000 54,000 - No On Hold Can wait to 2021 if funds are tight IS - Dell Storage Area Network G36-20 140,000 140,000 - Yes Ongoing 2020 Project completed. NRBN Cisco VoIP Phone Upgrades G38-20 95,000 95,000 - Yes On Hold 2020 Phones are purchased but waiting for clearance to install at Transit, Service Centre and Fire. We won't be billed for the remaining phones until they are deployed. Security Cameras At Fairview Cemetery C C24-20 17,000 17,000 - Yes Project completed. Legal Services - File/Knowledge Management Software G37-20 45,000 45,000 - No On Hold This project continuing is dependent on new City Solicitor. Fire - Sinirji Monitors for Station 2 3 5 & 6 Bays F77-20 20,000 20,000 - No On Hold Can wait to 2021 if funds are tight General Government & Information Systems Total 1,177,963 1,177,963 - Library - - Collection Materials L41-20 137,444 137,444 - Yes Ongoing Office Space C L16 40,000 40,000 - No Ongoing 2020 Children's Washroom DC L16 7,500 7,500 - No Ongoing 2021 Quiety Study Area - Furniture L16 20,000 20,000 - No Ongoing 2020 2 quotes received thus far Landscaping - Victoria Library Exterior L16 30,000 30,000 - No Ongoing 2021 Book Mobile L42-20 200,000 200,000 - No Ongoing 2020 Would like to proceed, assuming there are sufficient DC funds available Community Centre Renovation L37 227,500 227,500 - No Ongoing 2021 Quiet Study Area - Wall enclosure C L16 50,000 50,000 - No Ongoing 2020 Library Total 712,444 712,444 - Grand Total 77,654,361 57,662,112 19,992,249 Page 246 of 398 F-2020-32 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-32 COVID-19 Financial Support Update RECOMMENDATION 1. Consistent with Council’s approval on May 12, 2020 to extend the due dates for the final tax bill for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes by 30 days to July 31 and October 30, staff request: That Council authorize staff to extend the first installment due date for the final tax bill for Commercial, Industrial and Multi-Residential properties by 30 days from August 31, 2020 to September 30, 2020. 2. That Council authorize Staff to resume charging penalty of 1.25% per month on overdue property taxation accounts effective July 1, 2020. 3. That Council authorize Staff to resume charging penalty of 1.25% per month on overdue water accounts effective July 1, 2020. 4. That Council authorize Staff to resume charging penalty of 1.25% per month on overdue accounts receivable accounts effective July 1, 2020. 5. That Council authorize Staff to extend the financial concession of no charges for payments returned as non-sufficient funds (NSF) currently ending June 30, 2020 to September 30, 2020. 6. That Council authorize Staff to extend the concession of no disconnection of municipal water service currently ending June 30, 2020 to July 31, 2020 consistent with the Ontario Energy Board’s disconnection ban for hydro. 7. That Council authorize Staff to extend the deferral of Municipal Accommodation Tax (MAT) remittances currently ending on June 30, 2020 to September 30, 2020. Page 247 of 398 2 F-2020-32 June 23, 2020 EXECUTIVE SUMMARY With fiscal relief measures passed on from the Region of Niagara and the Province of Ontario coming to an end June 30, 2020 it is critical that the City of Niagara Falls works to collect the April 30, 2020 installment. As such recommendations to end penalty waiver June 30, 2020 are included in this report with other fiscal relief measures extended to July 31, 2020 and September 30, 2020 as well as recommendations to extend the first installment of the final tax due date for Commercial, Industrial and Multi-Residential properties by 30 days from August 31, 2020 to September 30, 2020 consistent with the 30 day extension offered to Residential, Pipeline, Farmland and Managed Forest on May 12, 2020. BACKGROUND On March 17, 2020, the Province of Ontario declared an emergency under the Emergency Management and Civil Protection Act as it relates to an outbreak of a communicable disease namely COVID-19. Subsequent to the declaration of emergency, the Province of Ontario issued several orders which resulted in closure of non-essential businesses. On March 20, 2020, Council approved the first financial support to taxpayers in the Municipality as follows: Waiving penalty charges for current year (i.e. amounts billed in 2020) taxes, water bills and accounts receivable balances until June 30th No penalties for taxpayers/ratepayers for withdrawing from Pre-Authorized Payments until June 30th No NSF charges for payments that are returned until June 30th No disconnection of water services to June 30th Deferred MAT remittances to June 30th The Municipality continues to provide services and invest in capital, with the exception of recreation programming and facilities, which remain closed as part of the Province’s order. Page 248 of 398 3 F-2020-32 June 23, 2020 Provincial and Federal Support Since March 17, 2020, the Province and the Federal Government have made a series of announcements regarding funding, loan programs and other supports to taxpayers both residential and commercial to mitigate financial impacts of COVID-19. The Federal and Provincial Governments have broader legislative powers and abilities which permit them to provide fiscal support that is not available to municipalities. Further, any ability that a municipality has to provide support is legislated through the Province of Ontario. Please see Attachment 1 for a listing of Provincial and Federal Support offered to date. City of Niagara Falls Response to the Crisis as at May 12, 2020 (from F-2020-20) Please see Attachment 2 for a reminder of the City of Niagara Falls response to the COVID-19 Pandemic as it relates to financial support/impacts. ANALYSIS/RATIONALE As mentioned above the City of Niagara Falls Council and Staff reacted quickly to the COVID-19 Pandemic rushing in fiscal relief measures for our taxpayers, ratepayers and customers on March 20, 2020 in an attempt to alleviate the immediate pressure to pay municipal bills while individuals and businesses awaited further funding announcements from the Federal and Provincial governments. Property Tax Collection Consistent with other lower tier municipalities, the City of Niagara Falls bills taxes not only for itself, but also on behalf of the upper tier, the Region of Niagara and the Province of Ontario education levy. The 2020 interim tax levy of $94,483,983 was billed to all assessment classes in February 2020 with due dates of February 28, 2020 and April 30, 2020. The final tax levy amount of $111,326,685 will be billed in July and September for total 2020 taxes billed of $205,810,668 and is allocated as follows: Page 249 of 398 4 F-2020-32 June 23, 2020 City of Niagara Falls Tax Billings 2020 Interim Tax Levy 94,483,983 Final Tax Levy 111,326,685 205,810,668 Allocation: City of Niagara Falls 71,661,051 35% Business Improvement Area Levies 2,150,849 1% Region of Niagara 82,802,369 40% Region of Niagara - Waste Mgmt 7,615,141 4% Province of Ontario - Education Levy 41,581,258 20% 205,810,668 This allocation is important to understand as the City of Niagara Falls only keeps approximately 35% of taxes billed and has an obligation to remit the remainder to the Region of Niagara and Province of Ontario at four due dates throughout the year as follows: Region of Niagara Taxation Remittance Due Dates Each remittance to the Region is approximately $22,500,000 with typical due dates as well as current extensions in place as follows: 1. March 11, 2020 Paid on time – pre COVID-19 2. May 13, 2020 Extended to June 30, 2020 3. August 5, 2020 Extended 30 days, due in full by September 5, 2020 4. October 14, 2020 Extended 30 days, due in full by November 14, 2020 Province of Ontario Education Levy Taxation Remittance Due Dates Each remittance to the four School Boards total approximately $10,400,000 with typical due dates as well as current extensions in place as follows: 1. March 31, 2020 Extended 90 days to June 30, 2020 2. June 30, 2020 Extended 90 days to September 30, 2020 3. September 30, 2020 Extended 90 days to December 15, 2020 4. December 15, 2020 No extension With some fiscal relief measures passed on from the Region and the Province of Ontario coming to an end June 30, 2020 it is critical that the City of Niagara Falls work to collect the April 30, 2020 installment. Page 250 of 398 5 F-2020-32 June 23, 2020 With current penalty waivers in place at the City to June 30, 2020 the City has seen an increase in outstanding accounts as compared to this time last year further illustrated below. While some businesses and individuals are most certainly struggling with the closure of non-essential businesses and lay offs Province wide, it is important to note that some businesses and individuals have not been affected, while others who have been affected have now had a chance to apply for Federal or Provincial funding. These businesses and individuals may have the ability to pay however may be making a business decision not to, given the current relief of no penalty for nonpayment. Ending the penalty waiver as of June 30, 2020 is the only mechanism the City has to encourage payment of the April 30, 2020 installment. As businesses and residents have not yet been billed final bills, nor have the due dates approached, this is irrelevant to the penalty waiver discussion today. The City is focussed on encouraging payment of the April 30, 2020 installment. To give Council an idea of collection a deeper look into report F-2020-28 – Tax Receivables Monthly Report (May) also on today’s agenda shows us the following information in Table 1: Taxes Receivable at May 31, 2020 2020 2019 Outstanding Taxes @ April 30, 2020 $ 36,970,470 $ 26,601,304 Interest/Penalty Charged in May $ 108,427 $ 172,877 Taxes Collected during May $ 5,602,765 $ 7,955,779 Outstanding Taxes @ May 31, 2020 $ 31,476,132 $ 18,818,402 Taxes Past Due $ 31,476,132 $ 18,818,402 Outstanding Taxes by Year: 3 Years and Prior $ 1,586,350 $ 1,064,808 2 Year $ 2,733,841 $ 2,105,506 1 Year $ 5,908,685 $ 5,940,557 Current $ 21,247,256 $ 9,707,530 Total $ 31,476,132 $ 18,818,402 With a 2020 interim tax levy billed of $94,483,983 ($92,340,689 – 2019), current outstanding taxes as at May 31, 2020 represents 22.5% of interim taxes billed (May 31, 2019 - 10.5%). This is an increase of $11.5M or 119% as compared to May 31, 2019. Page 251 of 398 6 F-2020-32 June 23, 2020 Table 2 on report F-2020-28 breaks out total outstanding taxes (current and prior arrears) by class as follows: Taxes Receivable by Property Class at May 31, 2020 2020 % by Class 2019 % by Class Taxes Owing Taxes Owing Residential $ 13,742,275 43.66% $ 11,082,626 58.89% Multi- Residential $ 452,823 1.44% $ 181,770 0.97% Commercial $ 16,552,080 52.59% $ 7,006,477 37.23% Industrial $ 688,919 2.19% $ 530,294 2.82% Farmlands $ 40,036 0.13% $ 17,235 0.09% Total Receivables $ 31,476,132 100.00% $ 18,818,402 100.00% Focussing above on the two largest classes, we can glean the following as at May 31, 2020 compared to May 31, 2019: Residential arrears have increased by $2,659,649 or 24% Commercial arrears have increased by $9,545,603 or 136% As there is currently no penalty for non payment this outstanding amount is not necessary a reflection of individuals or businesses ability to pay. With penalty waivers ending June 30, 2020 June’s receivables report will help paint a better picture of outstanding collections. Ending Penalty Waiver as at June 30, 2020 The fiscal relief measures outlined in the background section above are set to expire June 30, 2020. Residents and businesses have now had an opportunity to apply for various funding programs the Federal and Provincial government has offered, as outlined in Attachment 1. While the municipality is inclined to extend some of the relief measures to July 31, 2020 and September 30, 2020 as outlined in the recommendations, it is time now for some of the fiscal relief measures to end to encourage payment of the April 30, 2020 taxation installment. Page 252 of 398 7 F-2020-32 June 23, 2020 In particular, it is time for the waiver of penalty on current years’ taxes, water accounts and accounts receivable to come to an end. Applying penalty to accounts is the only mechanism the municipality has to encourage payment, particularly for those business/individuals that can pay however may be making a business decision not to, knowing there is currently no penalty for non-payment. Final Tax Notice Due Dates On May 12, 2020, the Municipality extended the installment due dates for final tax bills for residential, pipeline, farmland and managed forest properties by 30 days from June 30 and September 30 to July 31 and October 30. The August 31 and October 30 installment due dates for commercial, industrial and multi- residential properties remained unchanged as at May 12, 2020 however Staff is now recommending the first installment due date for the commercial, industrial and multi- residential properties be extended for 30 days from August 31 to September 30. Assessment Update In addition to the financial supports listed in the background section, on March 25, the 2020 Assessment Update was postponed as part of the Province’s Economic and Fiscal Update, which means that property assessments for the 2021 tax year will continue to be based on the same values in use for the 2020 tax year. It is not known when the next Assessment Update will take place or what the new valuation date will be. Currently the valuation date is January 1, 2016. Request for Reconsideration (RfR) What is a Request for Reconsideration? If you disagree with MPAC’s assessment of your property’s value and/or classification as of January 1, 2016, you can ask MPAC to review the assessment to make sure that it is right. This is called a Request for Reconsideration. The deadline to file a Request for Reconsideration (RfR) is usually March 31 of the applicable taxation year, however, given the emergency declared by the Province of Ontario, the deadline for the 2020 taxation year will be 16 days after the emergency is lifted. The Municipal Property Assessment Corporation (MPAC) reviews and responds to every RfR. If they determine that your property’s assessed value reflects the local market as of the legislated valuation date of January 1, 2016, the value will remain unchanged for the 2020 property tax year, unless there have been changes to your property. Any influence the COVID-19 pandemic may have had on a property was not in effect on January 1, 2016, for that reason, if the RfR exclusively cites COVID-19 it will not result in a value change for the 2020 property tax year. Page 253 of 398 8 F-2020-32 June 23, 2020 Vacancy Rebate Program The Municipality has a Vacancy Rebate Program in place for commercial and industrial buildings of which the taxpayer may apply for annually. To be eligible for the rebate the entire building or a portion of the building must have been vacant for 90 consecutive days and must have been capable of being leased. However excluded from this program are seasonal businesses. If the business is eligible, the vacancy rebate for 2020 (to be processed in 2021) would be 10% of the property taxes attributable to the vacant space. This program would have to be reviewed and approved by the Region to possibly incorporate the vacancy due to the COVID-19 pandemic where non-essential businesses were forced to close as a criteria for eligibility for the rebate. Extensions to Other Fiscal Relief Measures Municipal Water Disconnection Ban The City would like to extend the disconnection ban on municipal water service accounts currently ending June 30, 2020 to July 31, 2020 consistent with the Ontario Energy Boards disconnection ban for hydro. As the City of Niagara Falls is the only municipality in the Region whose Council will not permit us to add outstanding tenant balances to the homeowners tax roll as permitted by the Municipal Act, 2001 we are in a unique position where disconnecting water and ultimately a collection agency is our only collection method for those accounts that refuse to pay. With only a $230 deposit on account and penalty waiver in place for the past 90 days, it is reasonable to assume there is some collection risk as deposits will not be able to cover outstanding balances that are accumulating. Specifically this time last year arrears from tenant accounts totalled approximately $76,000, whereas currently arrears from tenant account is $164,000. Any write offs for tenant accounts are costs that are then born by the remaining ratepayers. The City is hopeful residents will resume paying by the June 30, 2020 deadline with the penalty waiver being recommended to end however, it is something staff will continue to monitor and report back on. For reference of the City’s 31,065 active customer accounts, 2,695 or 8.7% of these accounts are tenant accounts. Of these 2,695 accounts approximately 600 accounts are in “arrears” currently and would be eligible for disconnect if the penalty waivers and disconnection ban were not in place. As the penalty waiver is currently in place it’s impossible to know who can pay and is choosing not to until June 30, 2020. Notwithstanding the above concerns regarding collection of tenant accounts, the City understands that disconnecting water in a time when Public Health is recommending washing our hands constantly to slow the spread of COVID-19 is counterproductive. Page 254 of 398 9 F-2020-32 June 23, 2020 While this will have to be addressed at some point, the City is recommending extending the disconnection ban an additional 30 days to July 31, 2020 for the time being. Non-Sufficient Funds (NSF) Charges The City recommends extending the waiver of NSF charges currently ending June 30, 2020 to September 30, 2020 meaning there will be no additional fees added if a payment is returned to the City citing non-sufficient funds. Municipal Accommodation Tax The hotels/motels continue to collect a $2/night Municipal Accommodation Tax (MAT) on the purchase of accommodations provided for a continuous period of 30 days or less. MAT is remitted to the City through a self-reporting process where each hotelier reports and remits monthly the amount of MAT collected in the previous month based on occupancy. On May 12, 2020, Council approved the City assisting hotels/motels cash flow by deferring payments owed to the Municipality for MAT collected for the months of March and April, with due dates of April 30, 2020 and May 31, 2020 respectively, until June 30, 2020. The City would like to extend this deferral of remittance to September 30, 2020 to continue to assist hotels/motels with cash flow over the summer meaning MAT collected for March 1, 2020 through August 31, 2020 would all become due on September 30, 2020. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls cash balance in its general account used to pay the obligations of the City, is sitting around $29M. The City still owes the Region an additional $1M of the May 13, 2020 remittance that was approximately $22M and the March 31, 2020 School Board remittance of approximately $10.4M that was delayed by 90 days is coming due June 30, 2020. The City will owe the Region $22M by September 5, 2020 and the School Board an additional $10.4M by September 30, 2020. In addition the City continues to move along capital projects with one of the larger ones being Fire Station 7 and as such has vendors to pay. The City has access to a $21M line of credit as well as funds put away in investments to try to preserve some interest revenue in a time where banks slashed interest rates. Ideally, cash flow coming in from taxes, water and accounts receivable would be enough to pay future obligations however if penalty waiver were to continue beyond June 30 there Page 255 of 398 10 F-2020-32 June 23, 2020 is a risk that taxpayers will continue not to pay regardless of ability to pay which could require the City to cash in some investments or use the line of credit. LIST OF ATTACHMENTS 1. Provincial and Federal Programs in Place 2. City of Niagara Falls Response to the Crisis as at May 12, 2020 (from F-2020-20) Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti / T. Clark Page 256 of 398 11 F-2020-32 June 23, 2020 ATTACHMENT 1 Provincial and Federal Programs in Place Since March 17, 2020, the Province and the Federal Government have made a series of announcements regarding funding, loan programs and other supports to taxpayers both residential and commercial to mitigate financial impacts of COVID-19. The Federal and Provincial Governments have broader legislative powers and abilities which permit them to provide fiscal support that is not available to municipalities. Further, any ability that a municipality has to provide support is legislated through the Province of Ontario. Federal Supports On April 15, an expanded Canada Emergency Response Benefit (CERB) was announced to provide support for individuals, including allowing workers to earn up to $1,000 per month while collecting the CERB. The measures also included the CERB to workers who have exhausted EI benefits and developing a federal-provincial cost-sharing program to top up the salaries of essential workers making less than $2,500 per month. On April 16, the Government of Canada also announced support to the arts and recreation industries and small and medium sized businesses including: $500 million to establish a COVID-19 Emergency Support Fund for Cultural, Heritage and Sport Organizations to address the financial needs of affected organizations to support artists and athletes; $962 million to provide financing support to small and medium sized businesses and rural businesses delivered through Canada’s Regional Development Agencies and Community Futures Network; and $270 million to support entrepreneurs and innovators unable to access existing COVID-19 business supports. On April 17, the Government of Canada announced an investment of $350 million to support vulnerable Canadians through charities and non-profit organizations that deliver essential services to those in need. Funding will flow through national organizations and will be used for providing transportation services, increasing volunteer-based home deliveries and helping Canadians access government benefits. On April 24, in partnership with the provinces, the Federal government provided details on the Canada Emergency Commercial Rent Assistance (CECRA) program for small businesses. The program will provide forgivable loans to qualifying small businesses to Page 257 of 398 12 F-2020-32 June 23, 2020 cover 50% of rent payments for April to June. Loans are forgivable if the property owner agrees to reduce the eligible small business tenants’ rent by at least 75% for the same period. The Government also announced $9 billion in new and enhanced supports for post- secondary students and recent graduates. The Canada Emergency Student Benefit (CESB) will provide $1,250 per month for eligible students for the next four months ($1,750 for those with dependants). The Canada Student Grants will be doubled by raising the maximum weekly amount that can be provided. Over $291 million will be granted by the Federal government to extend expiring federal graduate research scholarships and postdoctoral fellowships. The Federal government announced on May 5 an investment of $252 million in supports for farmers, food processors and agribusinesses as well as $200 million in increased borrowing capacity. $77.5 million in Emergency Processing Fund to help producers access more personal protective equipment, adapt to health protocols, automate or modernize their facilities, processes and operations; $125 million in an AgriRecovery initiative to help producers faced with additional costs managing livestock backed-up on farms due to the temporary closure of food processing plants; $50 million in a Surplus Food Purchase Program to help redistribute existing and unsold inventories to local food organizations; Increase the Canadian Dairy Commissions’ borrowing limit by $200 million to support costs associated with the temporary storage of cheese and butter. On May 9, a $3 billion cost-sharing agreement was announced to temporarily boost the wages of low-income essential frontline workers. The details of the agreement with the Province of Ontario has not been announced and it is not clear if this would impact the Pandemic Pay announcement from the Province of April 25, 2020. On May 11, the Large Employer Emergency Financing Facility (LEEFF) was announced to provide bridge financing to Canada’s largest employers. This program will provide loans of up to $60 million per company and guarantees of up to $80 million. On May 13, it was announced that FedDev Ontario would receive $252.4 million to support southern Ontario businesses impacted by the COVID-19 pandemic that did not qualify or had been declined, for existing measures. Page 258 of 398 13 F-2020-32 June 23, 2020 The Federal government announced a $2.5 billion investment to provide one-time additional Old Age Security payments of $300, with an additional $200 to those eligible for the Guaranteed Income Supplement. The New Horizons for Seniors Program which supports organizations that offer community-based projects that improve the quality of life of seniors will receive and additional $20 million investment. The Canada Emergency Wage Subsidy program was to expire on June 6, 2020; however, there are plans to extend the program. Ontario Government Supports On April 15, the Province announced a cost sharing of an investment of $1 million to the Place to Grow: Agri-Food Innovation Initiative that matches employers with job seekers. The Province announced support for insurance companies to provide auto insurance premium rebates to consumers for up to 12 months after the declared emergency has ended. On April 20, the Province announced $11 million in funding to launch a new Ontario Community Support Program to expand existing Meals on Wheels services and develop the capacity of community organizations to help deliver medication and other essentials. The Province announced the partnership with the Federal Government for $900 million towards the Ontario-Canada Emergency Commercial Rent Assistance Program (OCECRA) which will provide forgivable loans to commercial property owners who reduce the rental costs of small business tenants by at least 75% and commit to a moratorium on evictions for three months. A joint investment with the Federal Government of $2.5 million for Agri-Food Open for E- Business initiative. This program is targeted to help food producers, farmers markets, retailers, garden centres, greenhouses, nurseries and agricultural associations develop online businesses and sales platforms. The Province has announced a $4.00 per hour wage enhancement to employees working in the frontlines of the pandemic. This includes staff working in long-term care and retirement homes, emergency shelters, supportive housing, social services care settings, corrections and youth justice facilities. The Government of Ontario has started to change the definition of essential workplaces while allowing certain businesses to reopen beginning May 9, with most retail being allowed to reopen on May 19. This is the first stage of the reopening plan. On May 1, the Province announced an order to defer a portion of the Global Adjustment (GA) charges for industrial and commercial electricity consumers not in a regulated price Page 259 of 398 14 F-2020-32 June 23, 2020 plan starting April 2020. This will keep electricity prices lower for those industrial and commercial businesses that would have seen an increase as a result of a decline of electricity demand. On May 6, a continuation of electricity relief was announced which extended the previously order reducing all time-of-use rates to the off-peak overnight and weekend charge to May 31. The Province has passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 which allows for virtual financial and business transactions. The provisions of the Act will allow for electronic filing of business registration documents, remote commissioning or notarizing of documents and greater use of virtual meetings for businesses and school boards. The Agri-Food Workplace Protection Program will receive $2.25 million for workplace safety to better protect employees at meat processing plants. This will assist in the purchase of additional personal protective equipment and workstation redesign. On May 9, the Province announced plans to support licensed childcare and EarlyON centres with rapid funding delivery to assist with fixed operating costs during the current period where providers are prohibited from charging parents fees. Page 260 of 398 15 F-2020-32 June 23, 2020 ATTACHMENT 2 City of Niagara Falls Response to the Crisis as at May 12, 2020 (from F-2020-20) The City’s strategy is focused on giving residents and businesses more time to make payments through the waiving of penalties and fees on property taxes, user fees, licences, rents and leases. The City has also recommended, and continues to recommend, the full waiver of transit fares, parking permits and fees. Specific fiscal relief measures include: Water and Wastewater User Fees The City is assisting residents and businesses by deferring payments without financial penalty by waiving penalties on overdue amounts that were billed in 2020. In addition, the City has put a moratorium on disconnections and waived penalties for both non-sufficient funds (NSF) and withdrawal from pre-authorized payment plans. These fiscal relief measures are currently in place from the start of the Provincial State of Emergency until June 30, 2020. Transit Fares Effective March 23, 2020, no fare payment will be required until further notice. Rear-door only boarding has also been implemented and each bus will have limited seating capacity to encourage physical distancing. Customers that require the ramp may continue to board at the front. Parking Effective March 13, 2020 parking enforcement rolled back its enforcement to emergency conditions only which include: o Blocked residential approaches which may have had emergency access concerns for the resident o Visibility issues such as vehicles impeding intersections o Blocked fire hydrants o Emergency fire routes o Misuse of accessible parking spaces All other parking matter are reviewed by officers “on a complaint only basis” and where vehicles are noted to be a concern warnings tickets have been issued. Since March 13, 2020 only 8 tickets have been issued for safety concerns. Page 261 of 398 16 F-2020-32 June 23, 2020 All on street and lot permits that expired during this time have been honoured as valid Property Taxes The City is assisting residents and businesses by deferring payments without financial penalty by waiving penalties on overdue amounts that were billed in 2020. This effectively takes the pressure off residents and business to pay the second installment that was due on April 30, 2020 giving taxpayers an additional two months to pay without penalty. In addition, the municipality has waived penalties for both non-sufficient funds (NSF) and withdrawal from pre-authorized payment plans. These fiscal relief measures are currently in place from the start of the Provincial State of Emergency until June 30, 2020. Final due dates for residential property taxes are typically June 30 and September 30, while commercial property taxes final due dates are typically August 31 and October 31. Due to the ongoing COVID-19 pandemic and current waivers in place to June 30, 2020 relating to the April 30 due date, final due dates for residential property taxes are recommended to be extended each by 30 days to July 31, 2020 and October 30, 2020. Commercial due dates will remain the same at August 31, 2020 and October 30, 2020. Municipal Accommodation Tax In 2019, the City began collecting a $2/night Municipal Accommodation Tax (MAT) on the purchase of accommodations provided for a continuous period of 30 days or less. MAT is remitted to the City through a self-reporting process where each hotelier reports and remits monthly the amount of MAT collected in the previous month based on occupancy. The City is assisting hotels/motels cash flow by deferring payments owed to the Municipality for MAT collected for the months of March and April, with due dates of April 30, 2020 and May 31, 2020 respectively, until June 30, 2020 at this time. Businesses and other Licences The City began deferring business licence payments at the start of the Provincial State of Emergency until June 30, 2020 at this time. The Municipality continues to issue licences, as the Province deems this an essential service. Other General Fiscal Relief Measures The City is assisting residents and businesses by deferring payments on any invoice received from the City through our Accounts Receivable area without Page 262 of 398 17 F-2020-32 June 23, 2020 financial penalty by waiving penalties on overdue amounts that were billed in 2020 from the start of the Provincial State of Emergency until June 30, 2020 at this time. This effectively takes the pressure off residents and business to pay amounts owed to the Municipality that are due between March 17, 2020 and June 30, 2020 giving customer’s additional time pay without penalty. This includes items such as rental agreements, leases, user fee billings, etc. All progressive collection activity has been paused through June 2020 so as not to put extra pressure on the community to pay past due bills. Rental/Lease Revenue On June 2, 2020, Council approved the waiving of rent to tenants in our municipal facilities where the City closed the doors to the tenant and the public. Page 263 of 398 MW-2020-15 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW -2020-15 Kitchener Street Sewer Separation Construction Update RECOMMENDATIONS 1. That Council receive Report MW -2020-15 regarding the construction update for the Kitchener Street Sewer Separation project; and further, 2. That Council authorize Staff to approve of change orders to the contract with Centennial Construction and Contracting (Niagara) Inc. totalling approximately $340,000 relating to pipe material changes and excavation stabilization due to difficult soil conditions. EXECUTIVE SUMMARY The Kitchener Street Sewer Separation includes the installation of a new trunk storm sewer, replacement of the combined sewer with a new dedicated sanitary sewer, and various road allowance improvements. Council approved construction funding for this project in the 2020 Capital Budget and later approved the direct appointment of consultant construction inspection through the recommendations made in Council Report MW-2020- 03. There have been additional expenses associated with the construction. The specified storm pipe was incorrect for the proposed depth of installation. The additional costs to the contract are expected to total $107,517.19. Trench stability due to unexpectedly challenging soil conditions has also become an issue and the potential increase to the contract is estimated at $233,050.00. Total project costs are expected to be approximately $2,903,000.00. The awarded low tender price was $2,784,703.15. The approved 2020 capital construction budget for the project was $3,167,800. After consideration all previous commitments and taxes the approved project budget is not expected to be exceeded. Staff recommends that Council receive this report for informational purposes, and that Council authorize staff to approve of change work orders in order to permit the construction to continue safely and with reduced risk of loss of adjacent infrastructure and property. Page 264 of 398 2 MW-2020-15 June 23, 2020 BACKGROUND The Kitchener Street Sewer Separation project was approved for design funding in 2013 to construct a storm sewer on Kitchener Street between Portage Road and Stanley Avenue that will eventually allow for the extension of the sewer along Prospect Street and alleviate flooding concerns. Associated Engineering (Ont.) Ltd. (AE) was retained to complete the design which included the installation of a new trunk storm sewer, replacement of the combined sewer with a new dedicated sanitary sewer, and various road allowance improvements. A location map has been included as Attachment 1. Council approved construction funding for this project in the 2020 Capital Budget and Centennial Construction was awarded the project after submitting the low tender bid. Council later approved the direct appointment of AE for consultant construction inspection services through the recommendations made in Council Report MW-2020-03. ANALYSIS/RATIONALE There have been some unforeseen additional expenses associated with the construction. Some of the significant issues experienced, which pose both schedule and cost concerns, have been summarized below: The specified storm pipe was incorrect for the proposed depth of installation. The additional costs to the contract to use stronger pipe is expected to total $107,517.19. Although this cost is extra to the awarded contract, the additional price represents fair market value, and would have been expected if specified in the original tender. Trench stability has become an issue. An extensive layer of sand in the west half of the street is causing the slope stability to become a safety concern and existing utilities, including the existing watermain and sanitary sewer, which are located closer to the storm trench than anticipated, are at risk for failure. The potential increase to the contract for use of a shoring system is estimated at $233,050.00. Similarly, the additional price for shoring represents fair market value, and would have been expected if specified in the original tender. An estimate to complete analysis was completed for the project and total costs are expected to be approximately $2,903,000.00. The awarded low tender price was $2,784,703.15. The approved 2020 capital construction budget for the project was $3,167,800. After consideration all previous commitments and taxes the approved project budget is not expected to be exceeded. Permitting staff to approve and move forward on these change work orders will ensure that construction continues uninterrupted, and that related infrastructure and property are adequately protected for the full duration of their useful expectancy. Page 265 of 398 3 MW-2020-15 June 23, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The approved 2020 capital construction budget for the project is not expected to be exceeded. A memorandum will be provided to Council at a later date providing information on key construction dates, including estimates for night work being undertaken in front of the hospital delivery and loading dock entrance, as well as proposed dates for the temporary closure of Portage Road at the Kitchener Street intersection. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through engaging and accountable government practices. ATTACHMENTS: 1. Kitchener Street Sewer Separation Project - Location Plan 2. Kitchener Street Sewer Separation Project – 2020 Capital Budget Sheet Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 266 of 398 MW -2020-15 Attachment 1 Location Plan – Kitchener Street Sewer Separation Project Page 267 of 398 Requesting Department:Project Priority/Need Division:(High, Med, Low): Project Name:Project Start Date: Project Type:Estimated End Date: Asset Type:Project ID#: Project Description: Business Case: How does this tie into the Strategic Plan? Development Related:Yes No P Is there external Yes P If Yes -->Yes funding available?No No P Estimate P (Please check one) Quote Please attach any supporting documentation. Impact on Operating Budget: (eg. Debt Charges) Kitchener Street Sewer Separation Mar-20 Capital Budget Worksheet 2020 Municipal Works Engineering High Is the cost summary: One Time Project Dec-20 New and Replacement SS34 (330-13) Construction - Sewer separation and road reconstruction on Kitchener Street from Portage Road to Stanley Avenue. The Kitchener St storm connection was identified during the installation of the Regional trunk sewer on Stanley Avenue and is necessary to facilitate the separation of the sewer on Prospect Street where basement flooding has occurred. In 2019, OLG funds were approved to reduce the design scope and eliminate streetscape work along the hospital. The scope was reduced as a result of the confirmed scope and date for the new southend hospital. The sewer design was also reviewed to confirm that the design will be able to incorporate various property redevelopment scenarios. Yes, funding is confirmed No, funding has not been confirmed Infrastructure Sustainability Page 268 of 398 Requesting Department: Division: Project Name: 2020 2021 2022 2023 2024 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forcast Consulting 200,000 Land/Building Furniture/Equipment Construction: Roads 640,800 Water 23,000 Storm Sewers 1,895,500 Sanitary Sewers 608,500 Sitework/Landscaping Contingency Other 20,400 TOTAL EXPENDITURES 3,388,200 - - - - Funding Sources Transfer from Operating: Operating Sewer (1,087,290) Water (651,477) Special Purpose Reserves Capital SPRs OLG Reserve Funds Development Charges Debentures Gas Tax Provincial/Federal Grants (692,793) External Contributions (956,640) Other TOTAL FUNDING SOURCES (3,388,200) - - - - Closing Balance - Dec. 31 (Surplus)/Deficit - - Capital Budget Worksheet 2020 - - - - - Municipal Works Engineering Kitchener Street Sewer Separation - - - Page 269 of 398 PBD-2020-40 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-40 DB-2020-004, Deeming By-law Application Lots 36 & 37, Plan 291 Property known as 5759 McGrail Avenue Applicant: Mr. Fernando Pingue RECOMMENDATION That Council pass the by-law appearing on today’s agenda to deem Lots 36 & 37 on Plan 291, to no longer be within the registered plan of subdivision, to enable them to be merged into one parcel. EXECUTIVE SUMMARY Fernando Pingue is proposing to construct a 3 storey, 21 unit motel on land that is comprised of Lots 36 & 37 on Plan 291. The land is zoned Tourist Commercial (TC) in accordance with Zoning By-law No. 79-200, as amended. The Tourist Commercial zone permits a motel. Fernando Pingue has requested Council to pass a deeming by-law under the Planning Act so that Lots 36 & 37 on Plan 291 will no longer be lots within the registered plan of subdivision. This will allow the lots to be merged to form one parcel. Once passed by Council, the registration of the deeming by-law will merge the lots into one parcel which will enable the one parcel to be developed for the proposed motel. The necessary deeming by-law is included in today’s agenda. BACKGROUND Proposal The applicant is proposing to construct a 3 storey, 21 unit motel at the north west corner of McGrail Avenue and Magdalen Street. The land is comprised of two lots known as Lots 36 & 37 on Plan 291. Refer to Schedule 1 to locate the lands. Refer to Schedule 2 for details of the proposed motel. Page 270 of 398 2 PBD-2020-40 June 23, 2020 Lots 36 & 37 are zoned Tourist Commercial (TC) in accordance with Zoning By-law No. 79- 200, as amended. A deeming By-law passed under Section 50(7) of the Planning Act removes the special status granted to lots in a registered plan of subdivision. Passing the requested deeming By-law and its registration will allow the legal merger of the lots into one parcel. Once merged, the parcel will meet the regulatory provisions of the Zoning By-law. The issuance of a Building Permit can occur once the minor variances are approved and the site plan agreement is registered. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Future development on the lands will be subject to applicable Development Charges and Park Land Dedication. CITY’S STRATEGIC COMMITMENT The proposal supports Council’s strategic priority of a vibrant and diverse economy. LIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:cv Attach. S:\PDR\2020\PBD-2020-40, DB-2020-004, 5759 McGrail Avenue, Fernando Pingue.docx Page 271 of 398 3 PBD-2020-40 June 23, 2020 SCHEDULE 1 Location Map Page 272 of 398 4 PBD-2020-40 June 23, 2020 SCHEDULE 2 Site Plan Page 273 of 398 F-2020-28 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-28 Monthly Tax Receivables Report – May RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of May 31, 2020 were $31.5 million compared to $18.8 million in 2019. During May, tax receivables as a percentage of taxes billed increased from 20.4% in 2019 to 33.3% in 2020. The City’s finance staff has begun the collection process for properties that are subject to registration for 2020. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2020 lags behind the collection history for 2019 for the month of May. Table 1 shows that taxes outstanding at May 31, 2020 are $31.5 million. This represents an increase from $18.8 million in arrears for the same period in 2019. This discrepancy is due to the COVID-19 pandemic as the City waived all penalty on current year taxes until June 30 in order to reduce the financial burden on property owners. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property class. The chart shows the taxes owing from the residential property class has decreased from a year ago whereas the commercial property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2020, 333 properties were subject to registration. Table 3 summarizes the progress of these actions after five months of activity. This table shows 55.8% of the tax accounts or 186 properties have been paid in full or the owners have made suitable payment arrangements. During May, four accounts were paid in full. Page 274 of 398 2 F-2020-28 June 23, 2020 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of May, no properties were registered. The outstanding taxes for registered properties represents 0.6% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at May 31, 2020 is 33.3%, which is an increase of 2019’s value at 20.4%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at May 31, 2020 Table 2 Taxes Receivable by Property Class at May 31, 2020 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Felicetti Page 275 of 398 TABLE 1 Taxes Receivable at May 31, 2020 2020 2019 Outstanding Taxes @ April 30, 2020 36,970,470$ 26,601,304$ Interest/Penalty Charged in May 108,427$ 172,877$ Taxes Collected during May 5,602,765$ 7,955,779$ Outstanding Taxes @ May 31, 2020 31,476,132$ 18,818,402$ Taxes Past Due 31,476,132$ 18,818,402$ Outstanding Taxes by Year: 3 Years and Prior 1,586,350$ 1,064,808$ 2 Year 2,733,841$ 2,105,506$ 1 Year 5,908,685$ 5,940,557$ Current 21,247,256$ 9,707,530$ Total 31,476,132$ 18,818,402$ TABLE 2 Taxes Receivable by Property Class at May 31, 2020 2020 % by Class 2019 % by Class Taxes Owing Taxes Owing Residential 13,742,275$ 43.66%11,082,626$ 58.89% Multi-Residential 452,823$ 1.44%181,770$ 0.97% Commercial 16,552,080$ 52.59%7,006,477$ 37.23% Industrial 688,919$ 2.19%530,294$ 2.82% Farmlands 40,036$ 0.13%17,235$ 0.09% Total Receivables 31,476,132$ 100.00%18,818,402$ 100.00% Page 276 of 398 TABLE 3 Number of Properties Subject to % Registration as at May 31, 2020 Initial Amount (January 1, 2020)333 Paid in Full 43 12.9% Payment Arrangements 143 42.9% Ongoing Collection 147 44.1% Action Registered 0 0.0% 333 100.0% TABLE 4 November 2020 3 78,870$ May 2021 5 111,655$ Totals 8 190,525$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 277 of 398 F-2020-29 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-29 Low Income Seniors’ Water and Property Tax Rebate RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY This report is being provided regarding the annual Low Income Seniors’ Water Rebate and the Low Income Seniors’ Property Tax Rebate program. Included in the 2020 Utility Budget and Operating Budgets are amounts of $75,000 (water) and $27,200 (tax). Staff are providing this report to identify for Council that the applications for both rebate programs will be available August 1, 2020 and similar to last year, the application period will end October 31, 2020. Applications for both rebates are available at City Hall, MacBain Centre or online. BACKGROUND Included in the 2020 Municipal Utility Budget, is an amount for the Low Income Seniors’ Water Rebate for the 2020 year. This rebate provides qualifying seniors a rebate of $100. To qualify for this rebate, a senior must have a municipal water account with the City of Niagara Falls and be a recipient of the Guaranteed Income Supplement. The purpose of the grant is to offset some of the increases in water and wastewater charges. Similarly, in 2011, Council approved a low income seniors’ property tax rebate. Qualified applicants for the Property Tax Grant would be any property owner who receives the federal Guaranteed Income Supplement, owns a primary residence in Niagara Falls and is a senior. City staff will take applications from residents that may qualify for either program starting August 1, 2020. Applications are available at City Hall, MacBain Centre or online. The City will be notifying the general public through the upcoming water and sewer bills, as well as through newspaper advertising. Page 278 of 398 2 F-2020-29 June 23, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The budget impacts of each program is different. The Low Income Senior’s Water Rebate impacts the Municipal Utility Budget and the expenditure is included in the rates to all users. The budget expenditure included in the 2019 Utility budget is $68,000. In 2019 the cost was $69,860. Alternatively, the Low Income Property Tax Rebate impacts the General Purposes Budget. The budget expenditure included in the 2019 General Purposes budget is $27,200 and the actual cost was $26,280. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 279 of 398 F-2020-31 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-31 Insurance Renewal Report RECOMMENDATION That Council approve the 2020-2021 Comprehensive Insurance Program from Frank Cowan Company Limited. EXECUTIVE SUMMARY The City requires a renewal of the Municipal Insurance program since the current coverage expires on June 30, 2020. Staff have reviewed the existing program for adequacy of coverages and recommends that the City renew. The insurance program will be effective July 1, 2020. The proposed annual premium of $2,080,263 is an increase of 12.54% or $231,728 from the previous year’s premium of $1,848,535. Although, there is an increase for the 2020/2021 year as compared to the 2019/2020 year, the increase is due to the current insurance market both in Canada and worldwide. The current insurance market has evolved into what is referred to as a hard market. As with any market, insurance is subject to cyclical fluctuations based on supply and demand driven by insurer’s willingness to take on the risk or capacity and resultant c laims costs. Not long ago, the markets were in a soft phase, insurers were being increasingly competitive, had greater capacity, and rates were more favourable for the insured. However, significant losses by both domestic and international insurers has stimulated the necessity for increased rates in all business sectors, including municipal insurance being affected. BACKGROUND The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a review of the rates charged and the coverages provided for adequacy and completeness. The City has performed these reviews during this process. Page 280 of 398 2 F-2020-31 June 23, 2020 In 2019 the City added cyber insurance to the City’s insurance portfolio which is an additional premium in the amount of $28,899. Cyber insurance protects the City against the cost of data breaches, fines, penalties and costs involved in restoring the organization’s reputation. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2020 to June 30, 2021. The summary of the 2020-2021 Insurance Program is provided in Appendix A. The cost of the City’s insurance program has increased from $1,848,535 (2019/2020) to $2,080,263 (2020/2021). The year-over-year increase is $231,728 or 12.54%. The primary policies affected are the General Liability and Transit Liability, followed by Automobile and Property policies, these are the policies where the majority of municipal claims occur. The premium increase is attributed to two factors. Firstly, a portion of the increase is attributed to exposure increases year over year, including a 4% inflationary factor. The second factor is due to the rating in the hard market. The insurance market typically is subject to cyclical fluctuations and goes through two cycles, soft and hard markets. In a soft market, insurers have a greater capacity to take on the risks and pricing is often more favourable, specifically in the areas of General Liability, Property and Auto coverage. During a hard market, insurers are more selective of the risks that they underwrite, take a more-in-depth look at loss history and generally there is less capacity available in the market to take on that risk. The hard market started to show signs in early 2019 and has continued through to 2020. It is not yet known how the pandemic will affect this market cycle but it is not anticipated to soften the market in the short term, and some reports indicate it could cause it to harden further if losses as a result of COVID-19 has a significant impact. With claim costs continually rising, and less capacity available in the market, insurance rates will increase. Stability in these market conditions is important. First, the st ability of the insurer, Frank Cowan Company. Because of Frank Cowan’s diligent underwriting practices in the past, when hard markets hit, Frank Cowan clients, including the City, do not see excessive swings in premiums that other municipalities might experience. While most municipalities insured with Frank Cowan Company are seeing increases in the low to-mid teens, other municipalities not insured with Frank Cowan are experiencing upwards of 30 -50% increase in premiums. Secondly, good risk and claims management practices of the municipality ultimately lead to more stable premiums over time. Page 281 of 398 3 F-2020-31 June 23, 2020 This is true of the City of Niagara Falls and is evident in the premium history as follows: 10 Year Premium Review 2011-2020 2011 $1,750,588 2012 $1,786,122 2013 $1,867,059 2014 $1,971,437 2015 $1,872,154 2016 $1,791,109 2017 $1,767,725 2018 $1,728,816 2019 $1,848,535 2020 Proposed $2,080,263 10-year average annual rate increase is 1.1% The 10 year premium analysis shows a picture of the softening phase the City became accustomed to over the last 5 years, but also indicates the City has an annual averag e increase of just 1.1% over the last 10 years, which is exceptional, and speaks to the hard work the City has done in risk management. For example, the 2020-2021 proposed premium is only 5.2% above the premium 5 years ago in 2014, however, the 2020-2021 premium also includes a premium for cyber insurance that 2014 did not. In general, the municipal sector continues to be a challenge for the insurance insurers as the sector continues to experience a hardening phase over the past year and continuing into 2020. In a hard market, insurers will be more selective of the risks they insure, as well as taking a more in depth look at loss history and operations. Some of these losses have been driven by landmark cases. In addition, claims have dramatically increased in frequency and severity. Likewise, the municipal sector, has additional complexity compared to other sectors due to the wide range of services provided. While these trends are happening in all municipalities, the City of Niagara Falls has mitigated these risks. On a positive note, the City had an annual average increase of 1.1% over the last 10 years. Page 282 of 398 4 F-2020-31 June 23, 2020 LIST OF ATTACHMENTS Appendix A: 2020-2021 Premium Cost Analysis Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer J. McQuay Page 283 of 398 Frank Cowan Company 18 Cost Analysis Expiring Program Term Renewal Program Term Casualty General Liability $ 911,210 $ 1,002,331 Errors and Omissions Liability 33,890 33,890 Non-Owned Automobile Liability 500 500 Environmental Liability 54,875 54,875 Crime 4,275 4,403 Board Members Accident 558 558 Conflict of Interest 780 780 Legal Expense 6,857 6,857 Cyber 27,523 28,899 Recreation Affiliates General Liability 1,906 2,097 Non-Owned Automobile Liability 100 100 Property Property 114,067 127,023 Equipment Breakdown 9,584 10,004 Automobile Owned Automobile 102,517 117,895 Owned Automobile - Transit 507,922 612,916 Garage Automobile 8,971 8,971 Excess Excess Automobile (Transit) – 1st Layer 6,430 6,752 Excess Automobile (Transit) – 2nd Layer 16,310 17,126 Follow Form 40,260 44,286 Total Annual Premium $ 1,848,535 $ 2,080,263 (Excluding Taxes Payable) Page 284 of 398 R&C-2020-10 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2020-10 Gender Equity in Recreation & Culture Services Policy RECOMMENDATION That Council approve the Gender Equity in Recreation & Culture Services Policy. EXECUTIVE SUMMARY The City of Niagara Falls Recreation & Culture Department has a responsibility to provide welcoming and equitable recreation and culture opportunities for all residents, regardless of gender, gender expression or gender identity. Several Canadian cities and towns have developed Gender Equity policies for their Recreation & Culture Services. BACKGROUND As stated in the Framework for Recreation in Canada, endorsed by the City of Niagara Falls City Council May 14, 2019, report R&C-2019-11; Recreation has the ability to reach all citizens and to bring people together in a non-threatening, pleasurable atmosphere. However, a rebalancing of recreation is necessary to address the barriers and constraints to participation faced by some people. The development of policies, programming and education helps to reduce the barriers. It is essential for the City’s Recreation & Culture Department to provide a welcoming and safe environment for people with all sexual orientation and sexual identities. ANALYSIS/RATIONALE Gender equity in recreation and culture will be provided within the community, regardless of gender identity and gender expression. Recognizing the many personal, social, economic and environmental benefits to health and quality of life that are derived by participating in physical activity, culture programming and through positive leisure lifestyle development, the City of Niagara Falls is therefore committed to: i) ensuring that a full range and variety of gender equitable recreation and culture opportunities are available in all areas of the community and are accessible in safe and welcoming environments for all, regardless of gender identity and gender expression; Page 285 of 398 2 R&C-2020-10 June 23, 2020 ii) working with the community to provide gender equitable recreation and culture opportunities, projects, programs, services, staffing and facilities which are consistent with this policy; and iii) allocating appropriate resources to accomplish this above-noted commitment. FINANCIAL/STAFFING/LEGAL IMPLICATIONS At this time there are no financial/staffing or legal implications to adopt this policy. Recreation & Culture staff, volunteers and all user groups of city indoor and outdoor facilities will be expected to adhere to the Gender Equity Policy. CITY’S STRATEGIC COMMITMENT Foster Healthy Lifestyles through planning for and providing a range of accessible and affordable recreation and culture facilities, events and opportunities. LIST OF ATTACHMENTS Gender Equity in Recreation & Culture Services Policy Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 286 of 398 POLICY Recreation & Culture Policy #: 1000.29 Issue Date: June 23, 2020 Revision Date: GENDER EQUITY IN RECREATION & CULTURE SERVICES POLICY 1. Purpose: This policy addresses City of Niagara Falls Recreation & Culture Department’s commitment to providing welcoming and equitable recreation and culture opportunities for everyone, regardless of gender, gender expression, or gender identity. Niagara Falls citizens deeply value diversity and the personal, cultural, social and economic benefits it brings to the community. 2. Definitions: 2.1. Equity - The rights of the individual to an equitable share of the goods and services in society. However, equality of treatment will not guarantee equal results. Creating equal results sometimes requires treating people differently from each other. Focusing on the results instead of the treatment is the concept of equity. 2.2. Gender - Whereas “sex” is a person’s physical characteristics, “gender” is about what it means to be a man or woman in society. It is the expectations and stereotypes about behaviours, actions, and roles linked to being a “man” or “woman.” Social norms related to gender can vary depending on the culture and can change over time. 2.3. Gender Expression - How a person publicly presents or expresses their gender. This can include behaviour and outward appearance, such as dress, hair, make-up, body language, and voice. A person’s chosen name and pronoun are also common ways people express their gender. Others perceive a person’s gender through these attributes. 2.4. Gender Identity - Each person’s internal and individual experience of gender. It is a person’s sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth - assigned sex. For some people, their sex and gender identity align. For some, they do not. A person may be born male but identify as a woman, or born female but identify as a man. Other people may identify outside the categories of woman/man, or may see their gender identity as fluid and moving between different genders at different times in their life. Page 287 of 398 2 A Great City … For Generations To Come 3. Applicability: This policy applies to all City of Niagara Falls recreation and culture programs, parks, facilities, and services. Accordingly, it applies to all recreation and culture employees, volunteers, users, and individuals or businesses contracted by the Corporation to provide or support recreation and culture programs, parks, facilities, and services. 4. The Policy Gender equity in recreation and culture will be provided within the community, regardless of gender identity and gender expression. Recognizing the many personal, social, economic and environmental benefits to health and quality of life that are derived by participating in physical activity, culture programming and through positive leisure lifestyle development, the City of Niagara Falls is therefore committed to: i) ensuring that a full range and variety of gender equitable recreation and culture opportunities are available in all areas of the community and are accessible in safe and welcoming environments for all, regardless of gender identity and gender expression; ii) working with the community to provide gender equitable recreation and culture opportunities, projects, programs, services, staffing and facilities which are consistent with this policy; and iii) allocating appropriate resources to accomplish this above noted commitment. Submitted By: Kathy Moldenhauer, Director Recommended By: Ken Todd, CAO Approved By Council On: June 23, 2020 Report #: Page 288 of 398 TS-2020-16 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2020-16 Regulatory Sign Installations in New Subdivisions RECOMMENDATION That the regulatory signs outlined in this report be approved for the fifth phase (third stage) of the Warren Woods Subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic and parking controls in the fifth phase (third stage) of the Warren Woods subdivision. BACKGROUND Approval has been granted for the fifth phase (third stage) of the Warren Woods subdivision. The street system has been constructed and building permits have been issued for new homes to be built. Conditions have been imposed through the subdivision agreement for the installation of stop signs. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed facing traffic: 1. Northbound on Odell Crescent at Warren Woods Avenue (East Intersection); 2. Northbound on Longhouse Lane at Warren Woods Avenue; and, 3. Southbound on Longhouse Avenue at Odell Crescent. Page 289 of 398 2 TS-2020-16 June 23, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreements and have been paid in full by the developer. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Mathew Bilodeau, Acting Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 290 of 398 TS-2020-17 June 23, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-17 Multiple Locations – Intersection Control Review RECOMMENDATION That a stop sign is installed on the minor street approach at each intersection as outlined in this report. EXECUTIVE SUMMARY A stop sign is warranted at each studied location to properly assign the right-of-way amongst motorists. BACKGROUND City Staff has received several requests to investigate the feasibility of installing a stop sign on the minor street approach for traffic facing: Southbound on May Avenue at Buttrey Street; Westbound on May Avenue at Terrace Avenue; Southbound on Peach Avenue at Doreen Drive; Northbound on Peach Avenue at Sherwood Road; Southbound on Birchwood Court at Doreen Drive; Southbound on Darcy Crescent at Glengate Street; Westbound on Darcy Crescent at Pettit Avenue; Southbound on Parkway Drive at Breadner Crescent; Southbound on Lamont Avenue at Mundare Crescent; Northbound on Lamont Avenue at Mundare Crescent; and, Eastbound on Elm Street at Homewood Avenue. Each intersection currently operates under the basic right-of-way rule. Page 291 of 398 2 TS-2020-17 June 23, 2020 ANALYSIS/RATIONALE Study results indicate that a stop control is warranted at each of the above intersections. The approach sight triangle requirement for an uncontrolled crossing is not met, thus warranting additional traffic control. This is common in developed residential areas where vegetation, fences and dwellings are present within the visibility clear zone. A collision review revealed that a collision problem does not exist at any of these intersections in the previous three years. The installation of the stop signs will ensure motorists on the minor approaches stop and yield the right-of-way to motorists on the major roads. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the stop signs is to be carried out by Transportation Services staff. The labour and material costs will be accounted for in the 2020 General Purposes Budget. It is estimated that the cost to install the signs is approximately $2,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Mathew Bilodeau, Acting Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 292 of 398 1 Heather Ruzylo To:Clerk Subject:RE: Parking Permit on Ontario Ave along the Ontario Park The location is in a residential area with some B&Bs along River road just to the east Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Niagara Segway <niagara.segway@gmail.com> Sent: Wednesday, June 10, 2020 4:54 PM To: Clerk <clerk@niagarafalls.ca> Subject: Fwd: Parking Permit on Ontario Ave along the Ontario Park Good Afternoon, As advised by Laura, I am sending you an Email regarding the request below. I would like to offer Bike Tours of Niagara Falls this summer starting from Ontario Park. 1/2 day tour will last about 4h, and full day about 7h. The parking permit is only 2h on Ontario Ave and I was wondering if we could get a special permit to park here up to a full day. Page 293 of 398 2 We will park a car with a trailer (about 2 cars length in total) or a van. Thanks in advance for your help. Guillaume Donnat Niagara Segway 289 213 1532 niagarasegway.com ---------- Forwarded message --------- From: TPServices <tpservices@niagarafalls.ca> Date: Wed, Jun 10, 2020 at 10:10 AM Subject: RE: Parking Permit on Ontario Ave along the Ontario Park To: Niagara Segway <niagara.segway@gmail.com> Cc: TPServices <tpservices@niagarafalls.ca> Good morning, Thank you for your email. Regarding your Bike Tours Business request, a written request to the Clerk’s department is required, which would be reviewed by Council. The Clerks department can be reached at 905-356-7521 ext 4278 or by email: clerk@niagarafalls.ca. Thank you. Laura Potalivo | First Appearance Coordinator | Transportation Services | City of Niagara Falls 7150 Montrose Road, Unit 1 | Niagara Falls, ON L2H 3N3 | (905) 356-7521 ext 4225 | Fax 905-356-7404 | lpotalivo@niagarafalls.ca Niagara Segway 289 213 1532 niagarasegway.com Libre de virus. www.avast.com Page 294 of 398 3 Page 295 of 398 1 Heather Ruzylo Subject: BLM Street Request From: Reports <niagarafalls@su.vc> Sent: June 7, 2020 8:37 AM To: Building Complaint <buildingcomplaint@niagarafalls.ca> Subject: You have received a new response for your survey Building Contact Form Survey Data Title: Building Contact Form URL: xfymezhi Date and Time: 07 June 2020 at 08:36 am Question 1 Question: Name First Name: Last Name: Question 2 Question: MessageIf your inquiry pertains to a certain address, please include it in your message so we can help you quicker. Answer: I would like to forward a motion for the city to consider naming /painting a street after BLM like they recently did in Washington DC Please get back to me if this something the Mayor would consider I have also reached out to the town of NOTL Sincerely Elizabeth Question 3 Question: Would you like to subscribe to our newsletter? Answer: Yes Question 4 Question: Contact Information and Newsletter Email Phone number: E-Mail Address: Page 296 of 398 1 Heather Ruzylo To:Bill Matson Subject:RE: The Newspaper Article regarding "Black Lives Matter" request From: > Sent: Monday, June 22, 2020 11:43 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: Re: The Newspaper Article regarding "Black Lives Matter" request Good Morning, I truly am not sure how to say this without backlash as It seems now our freedom of speaking out is being washed away for fear of violence or ridicule. I am writing to each of you because on the weekend I read in the Niagara Falls Review where we (our city) are being asked to paint a "Black Lives Matter" in big bold letters down our main street. This, to me, is getting out of hand. We, and I mean myself as well as others, feel that in our city we have never had racism. If we do it is a few but like everything else there's good and bad no matter where you go. For myself, I am SO grateful for our police force and for what they do - I commend them. I can speak more on this subject and would be pleased to address the council in person if that's necessary. So, MY request to each of you is simple - PLEASE DO NOT approve this absurd request and waste of tax payer's dollars. If you feel that the request should be approved then I would ask that you also approve a request for "All Lives Matter", or "Italian Lives Matter" or "Jewish Lives Matter", etc. … I'm sure you get my point. Thanks to each of you for this opportunity to address and express myself to you, Stay Safe! Niagara Falls Ontario Page 297 of 398 June 8, 2020 Sent by email to: Mr. Bill Matson City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Email: billmatson@niagarafalls.ca Re: Complaint Reference Number IC-155-0120 Ken Todd v. Carolyn Ioannoni Dear Mr. Matson: I wish to advise that my investigator (Mr. Michael Maynard) who was delegated by me pursuant to sections 223.3(3) of the Municipal Act, 2001, to investigate and report on the subject matter of this Complaint (subject to my review and approval) has now completed his Report, a copy of which is attached to this letter. Mr. Maynard has determined that contraventions of the City's Code of Conduct were committed by Councillor Ioannoni with respect to the matters raised in the complaint. A copy of this extensive and detailed Report has previously been provided to the Councillor for her comments. A copy of the final report cannot be provided to the Councillor under the City’s investigation protocol until it has been delivered to you. It has accordingly now been released to the Councillor. Furthermore, the Report (under the City’s protocol), cannot be provided to the Complainant until after it is made "public". Can you please advise us when this Report will be placed on the public agenda and confirm with me that you have at the same time delivered a copy of it to the Complainant. I do note that this sequencing as set forth in the protocol is unique and, as in this case, can result in the Member receiving the Report several weeks before it is disclosed to the Complainant. Council may want to address this issue in the future. Page 298 of 398 2 I can also advise that throughout this matter I have fully reviewed the process and results of the investigation as well as the Report and its recommendations, and I am in agreement with and endorse them. I would further advise that, in accordance with section 223.6(2) of the Municipal Act, 2001 of Ontario, all matters disclosed in the Report are necessary for the Report itself. I am providing this Report to you for presentation to Council in open session in accordance with the provisions of the Municipal Act and the City’s Code and investigation protocol. Would you please advise when this has been completed. This matter is accordingly now concluded. Yours truly, Edward T. McDermott Integrity Commissioner for the City of Niagara Falls Page 299 of 398 MICHAEL L. MAYNARD E-mail: mmaynard@adr.ca June 8, 2020 SENT BY EMAIL TO: Councillor Carolynn Ioannoni: ioannoni@niagarafalls.ca And to: Bill Matson, City Clerk: billmatson@niagarafalls.ca And to be provided by the City Clerk to: Ken Todd, CAO and Niagara Falls City Council Re: Complaint Reference Number IC-155-0120 Councillor Carolynn Ioannoni Dear Mr. Todd and Ms. Ioannoni: 1.0 Delegation of Investigative Powers Pursuant to a written delegation of powers dated January 30, 2020, Edward T. McDermott ("Mr. McDermott" or the "Integrity Commissioner"), in his capacity as Integrity Commissioner for the City of Niagara Falls ("Niagara Falls" or the "City"), delegated to the undersigned pursuant to section 223.3(3) of the Municipal Act, 2001, certain of his powers and duties as Integrity Commissioner to inquire into, investigate, and prepare a report (subject to his review and approval) with respect to the complaint (the "Complaint") described herein. The Complaint was deemed received with its required supporting documentation by the Integrity Commissioner on January 29, 2020. Page 300 of 398 2 2.0 The Complaint 2.1 Nature of the Complaint The Complaint is made against Niagara Falls City Councillor Carolynn Ioannoni ("Councillor Ioannoni" or the "Respondent") by Niagara Falls CAO Ken Todd ("Mr. Todd" or the "Complainant") (collectively, the "Parties"). The Complaint alleges that the Respondent breached the Code of Conduct when, in an email to the Mayor and Members of Council dated December 14, 2019, she: "[…] claim[ed] that [he] manipulated and lied about the current Integrity complaint filed by Council against her [i.e. Integrity Complaint IC-119-0919]." The Complainant additionally stated in his Complaint that: "In [Councillor Ioannoni's] email she claims that I have lied about Council's ability to conduct an in camera meeting related to a FedDev application related to the Ryerson- Niagara Falls Innovation Zone. […] I have included supporting documentation to support my actions and advice to Council. These include emails from me to the City Solicitor and City Clerk seeking advice on how to deal with a request from the Director General, Federal Business Development Branch, Government of Canada. These emails will show the opinions of our Solicitor on how to deal with this matter. At no time did I lie or manipulate Council in this matter." The Complainant goes on to detail that in a reply email of December 18, 2019, he: "[…] offered the Councilor (sic) an opportunity to retract the statements and apologize for her statements prior to December 31, 2019." The Complainant notes that the Councillor neither retracted her statements nor apologized for them, and accordingly he has brought this Complaint. Page 301 of 398 3 2.2 Code of Conduct The relevant portions of the applicable Code provisions with respect to this Complaint are: SECTION 3 – CONDUCT OF MEMBERS A Member shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. […] SECTION 8 – STAFF RELATIONS 8.1 A Member shall: (a) respect staff and acknowledge that staff is required to provide objective advice while remaining neutral, carry out directions of council as a whole, and administer the policies of the City without undue influence from any Member. […] 8.2 No Member Shall: (a) maliciously or falsely impugn the professional or ethical reputation of any staff; […] 3.0 The Investigation Process 3.1 – Review of Statements and Evidence The investigation into this matter involved a review of written statements and Page 302 of 398 4 documentary evidence provided by the Complainant, as well as a telephone interview conducted with the Complainant on April 21, 2020. For reasons described below, the Respondent was not interviewed and, with the exception of one emailed reply received from the Respondent on January 31, 2020 (the details of which are set out below), no substantive statements or materials with respect to the matters at issue in this Complaint were forthcoming from the Respondent, notwithstanding she was offered many opportunities to provide them. Written and other materials received from the Complainant include, inter alia: i. The initial Complaint and relevant email exchanges involving the Parties and with respect to the subject matter of the in-camera Council meeting of July 29, 2019; ii. A recording of a radio interview of the Respondent which occurred on February 6, 2020; iii. Additional emailed comments of the Complainant regarding the relevance of the February 6, 2020 radio interview to the matters at issue in the Complaint; iv. Minutes and audio recording of the in-camera meeting of Council which took place on July 29, 2019; v. Minutes and audio recording of the in-camera meeting of Council which took place on September 10, 2019; vi. A letter to Niagara Falls City Council from the Ontario Ombudsman dated April 14, 2020; vii. A Report of former Niagara Falls Integrity Commissioner Janet Leiper dated June 27, 2018; 3.2 Matter Held in Abeyance and Non-participation by Respondent On January 31, 2020, the Complaint and the supporting materials which had been received by the Integrity Commissioner to that date were provided to the Respondent by email. Later that same day, at 4:38 p.m., a reply email was received by the Integrity Commissioner's office from the Respondent indicating as follows: Page 303 of 398 5 "I am out of the country and not back until Feb 10, 2020. I will then be starting enhanced cancer testing and treatment. I will not be participating in any investigation until that concludes." Subsequently, an email was sent to the Complainant requesting any submissions he may wish to make in respect of Councillor Ioannoni's decision to indefinitely delay her participation in the inquiry process. The Complainant responded as follows: "I am not opposed to allowing a delay in order for Councillor Ioannoni to address her medical issues." Accordingly, the Integrity Commissioner determined to hold this matter in abeyance for an indefinite period to allow the Respondent a respite from these proceedings in view of the health challenges she expressed, and the inference made therein that such health challenges were prohibitive to her participation in this inquiry. It was however noted in the two months following the Integrity Commissioner's decision to hold the matter in abeyance that Councillor Ioannoni had been active in pursuing a review and repeal of the Integrity Commissioner's prior Report in Integrity Complaint IC-119-0919 (issued on January 30, 2020 and updated by Addendum on February 10, 2020), and in further seeking a reconsideration or reversal of the decision by Council to impose a penalty of 90 day suspension of pay against her for breaches of the City's Code of Conduct found to have been committed by Councillor Ioannoni as detailed in that Report. It was further noted that the Respondent Councillor had been somewhat active in her role as a Member of Council, evidence of which could be found in articles appearing in the news media indicating her political activity, and through the Councillor's ongoing engagement via social media related to her role as a Councillor, both of which were reviewed by this Investigator. The Integrity Commissioner also has evidence of the Councillor participating in at least one radio interview during the abeyance period, and such evidence is considered in this matter. Page 304 of 398 6 It was accordingly determined that, given the Councillor's ability to remain actively participant in such activities as those noted above, the matter should no longer be held in abeyance on the grounds that the Respondent Councillor was medically unable to engage with these proceedings, and therefore, it was in the public interest that the processing of this Integrity Complaint should proceed. On April 6, 2020, a letter from the Integrity Commissioner, along with enclosures of further evidence which had been received from the Complainant during the abeyance period, were provided to the Respondent by way of email (to both of her known email addresses), with a request for her response to the entire Complaint with all of its supporting materials be provided within ten (10) days (by April 16, 2020) pursuant to Section 17.6 of the Code. In the April 6, 2020 letter, the Councillor was advised that: "If we do not receive a response from you by the close of business on April 16, 2020, we will proceed without the benefit of your input into the matter." No acknowledgement or reply of any kind was received by the Office of the Integrity Commissioner from the Respondent. A further letter was sent to the Respondent on April 29, 2020 enclosing additional documentation which had been provided by the Complainant during the course of the investigation. The Respondent was given a further ten (10) day period (running to May 9, 2020) to provide a response to those documents. There was again no acknowledgement or reply from the Respondent Councillor. A further letter was sent to the Respondent on May 11, 2020 enclosing additional documentation which had been provided by the Complainant during the course of the investigation. The Respondent was given a further ten (10) day period (running to May 21, 2020) to provide a response to those documents. Once again, there was no acknowledgement or reply from the Respondent Councillor. Page 305 of 398 7 Accordingly, this inquiry has proceeded without the Respondent's cooperation or input, which, it must be concluded, she determined to withhold at her own discretion and with full knowledge of the consequences of such decision. 4.0 Statements and Evidence 4.1 The Complainant's Written Submissions In his written submissions, the Complainant particularized his Complaint as follows: "On December 14, 2019 Councillor Carolynn Ioannoni sent an email to the Mayor and Members of Council claiming that I have manipulated and lied about the current Integrity complaint filed by Council against her. In her email she claims I have lied about Council's ability to conduct an in camera meeting related to a FedDev application related to the Ryerson-Niagara Falls Innovation Zone." The Complainant further detailed that he sent a reply email to the Respondent on December 18, 2019 in respect of her accusations in which he offered Councillor Ioannoni the opportunity to retract the statements and apologize for them, which actions he requested she carry out prior to December 31, 2019. He stated in his written Complaint that: "I would rather have taken that approach than file a formal complaint, however, the Councillor has left me no choice but to proceed with this complaint." The Complainant also denied the Councillor's accusations against him which were contained in her December 14, 2019 email (the specifics of which can be found immediately below). 4.1.2 Documentary Evidence The following documentary evidence was provided by the Complainant: Page 306 of 398 8 4.1.2.1 Email exchange between the Parties commencing December 14, 2019 On December 14, 2019, the Respondent sent an email at 7:48 p.m. to all Members of Council and to the Complainant in his capacity as CAO as follows: "I wanted to advise all of you that I am not going to participation in this IC complaint. I have been far too stressed and anxious during this process and it is not good for my recovery and given the level of medication I am taking to fight this round of my cancer. I am just not up to it. I am quite frankly beyond tired of Jim and Ken manipulating and lying so that again it is council against me. ADR Chambers was the investigator at the Region that supplied the report saying there was nothing wrong with the hiring of Carm D’Angelo and that has been totally debunked and criticized by the Ombudsman, prompting an O.P.P investigation, in the recent report that was released at the Region. That does not invoke faith in me that this one would be done any better. https://www.iheartradio.ca/610cktb/news/niagara-falls-not- giving-up-on-ryerson-university-partnership-1.9571405 The link I have provided is the written version of the news clip that ran all morning before I went on air. It states they got their info from the city website. To say that I then breeched confidentiality of a meeting I did not attend because I knew you couldn’t vote in there and have Ken lie to you that you could and I end up the subject of investigation is not only ridiculous but very targeted. I am not going to let this make me sicker, so , do what you're going to do and I am only going to fight this disease. You all take care now." [emphasis added] On December 18, 2019 at 12:35 p.m., the Complainant sent a reply email to the Respondent, copying all Members of Council and several senior staff members, as follows: Page 307 of 398 9 "Further to your email, dated December 14, 2019 sent to myself and all members of Council, I would like to inform you that unless I receive a formal apology and retraction of the statements you have made claiming that I have manipulated and lied about the current Integrity complaint filed against you by Council, I will be filing my own complaint to the Integrity Commissioner. I have copied the text of your email here again for you and Council to review. I would appreciate a reply by December 31, 2019." On January 8, 2020, at 5:05 p.m., the Complainant sent a further email to the same parties as above, addressed to Members of Council (including the Respondent) which stated as follows: "On December 18th I forwarded an email to Councillor Ioannoni, copied to members of Council, asking for a formal apology and retraction of the statements which were made in her email dated December 14, 2019, claiming that I have manipulated and lied to Council. I had asked for a response by December 31, 2019 or I would file a formal complaint to the Integrity Commissioner. I would have preferred to handle this matter with an apology and retraction, however as of today (January 8, 2020) I have not received a response and would like to inform Council that I will now be filing the formal complaint." At 6:50 p.m. on the same day (January 8, 2020), Councillor Ioannoni responded to the Complainant's email (re-copying all original copied individuals) stating as follows: "I would suggest that you take the mediation route. It is a long 3 years ahead of us. Janet Leiper had told us that one mediation session was definitely not enough. Could you also clarify which lie you are talking about? The one to council that they were not allowed to talk about in camera matters with councilors who were not there? The Page 308 of 398 10 one about you not being on Omers? The one about it was permissible to vote in camera on the Fed Dev matter? The lie in the Fed Dev application that the city lent Spark money when it was in fact HOLDCO? Please be more precise." 4.1.2.2 Radio Interview of the Complainant dated February 6, 2020 Councillor Ioannoni participated in a radio interview which aired on NewsTalk 610 on February 6, 2020, during which she discussed the result of the previous Integrity Investigation in matter IC-119-0919, about which she stated (in part): "I never had a Mayor or CAO, and that’s who started this, Ken Todd and Jim Diodati asked Council to file the complaint against me, and I’ve never had that happen based on talking about public information." 4.1.2.3 Previous emails of Council related to the in-camera meeting of July 29, 2019 The Complainant provided several emails related to the decision to deal with the Ryerson-Niagara Falls Innovation Zone FedDev funding application at an in- camera meeting on July 29, 2019 (rather than in an open public session of Council). The Complainant advised that these several emails were provided as evidence that he did not lie to Members of Council regarding their ability to hold an in-camera session on the FedDev application matter and to conduct such votes on the subject as permissible in accordance with the provisions of the Municipal Act. Included in these documents was an email from the Complainant to then-City Solicitor Donna Jaques seeking legal advice regarding an email received from FedDev (the text of which was copied in the Complainant's email to Ms. Jaques) in which FedDev had requested that the matter of the Ryerson-Niagara Falls Innovation Zone funding application to FedDev be dealt with at an in-camera session of Council. Also included was the emailed advice on this question received from Donna Jaques, in which the Complainant was advised that an in-camera meeting to deal with the FedDev application was permissible under the law. Page 309 of 398 11 4.1.2.4 – Minutes and Audio Recording of In-camera Council Meeting of July 29, 2019 The Minutes of the July 29, 2019 in-camera Council meeting reveal that Members of Council moved and seconded a motion to refer a question about a breach of in-camera confidentiality to outside legal counsel for a legal opinion. The motion was carried unanimously (with Councillor Ioannoni absent). There is no mention of involvement in this discussion by the Complainant, Mr. Todd, in the Minutes. A careful review of the audio recording did not reveal any statements made by Mr. Todd at this meeting which could be remotely characterized as "lying" or "manipulating". 4.1.2.5 – Minutes and Audio Recording of In-camera Council Meeting of September 10, 2019 The minutes of the September 10, 2019 in-camera Council meeting show that Members of Council voted to accept a report from outside legal counsel (received following the request for legal advice pursuant to the July 29, 2019 motion, supra) and to refer the matter to the Integrity Commissioner for a Code of Conduct investigation. The motion was carried unanimously (with Councillor Ioannoni absent). There is no mention of involvement in this discussion by the Complainant, Mr. Todd, in the Minutes. A review of the audio recording did not reveal any statements made by Mr. Todd at this meeting which could be remotely characterized as "lying" or "manipulating". 4.1.2.6 Letter from Ontario Ombudsman to Niagara Falls City Council The Complainant provided a copy of an April 14, 2020 letter from the Ontario Ombudsman following the Ombudsman's "Closed meeting complaint investigation" regarding the July 29, 2019 in-camera Council meeting. In the letter, the Ontario Ombudsman wrote, in part: Page 310 of 398 12 "I am writing to advise that my investigation has determined that Council's closed session discussion on July 29, 2019, came within the Act's closed meeting exception for information supplied in confidence by another level of government and did not contravene the Act's in camera voting prohibition." The Ombudsman reviewed the content of the closed-door meeting and determined (as had the City Solicitor) that it was totally proper for the subject of the FedDev matter to be dealt with in-camera (at the request of FedDev staff) and that the votes taken by Council at such closed-door meeting were within the scope of Council's authority under the Municipal Act. There is no indication or support for the proposition that the CAO, Mr. Todd, lied about the meeting as being a proper closed-door meeting or that any vote taken at such meeting was in contravention of any requirement under the Municipal Act. 4.1.2.7 Previous Conflicts between the Parties The Complainant provided a copy of the Report of then-Integrity Commissioner Janet Leiper dated June 27, 2018, who had conducted an investigation of an alleged breach of the Code of Conduct by Councillor Ioannoni arising from statements she had published about Mr. Todd, (the Complainant in that matter also) which he believed had impugned his character. According to the Report, which was accepted by Niagara Falls City Council, the Parties (i.e. Mr. Todd and Councillor Ioannoni) engaged in mediation with Ms. Leiper in 2018 to resolve the matters at issue in that Complaint, through which it was acknowledged by Councillor Ioannoni that "[…] her postings had caused [Mr. Todd] to feel that their integrity had been criticized." Ms. Leiper also indicated in her report that the Respondent in that matter (Councillor Ioannoni) apologized and agreed that: "[…] there would be no further comments [by Councillor Ioannoni] on social media or publicly concerning the affected person's actions or professionalism." Due to the resolution reached between the Parties at that time, Ms. Leiper declined to make any findings as to whether a breach of the Code occurred. Page 311 of 398 13 The Complainant also advised of a Workplace Harassment complaint filed by Councillor Ioannoni against him in 2019, which was the subject an independent investigation by an investigator retained by the City of Niagara Falls. The result of that investigation was that all fourteen (14) allegations made by Councillor Ioannoni against Mr. Todd were dismissed and he was completely exonerated. The Complainant indicated that he wanted the above information on the record for the purposes of this Complaint as, in his view, Councillor Ioannoni has a pattern of making negative statements and unfounded accusations against him. It is the Integrity Commissioner's understanding that the Report of former Integrity Commissioner Janet Leiper (of June 27, 2018) and the Workplace Investigation Report (of June 29, 2019) are available to Members of Council should they wish to review them as part of their deliberation on this current matter. 4.1.2.8 Investigation Interview In his interview, the Complainant recounted the history between himself and the Respondent, including, in particular, the previous issues as relayed in the Janet Leiper Report and the Workplace Investigation Report (supra), highlighting the fact that the Respondent has a history of making numerous baseless accusations against the Complainant's character and integrity. The Complainant believes the accusations made by the Respondent in her December 14, 2019 email (i.e. that he engaged in "lying" to and "manipulating" Council) is the latest example of the same type of debasing and inappropriate conduct by the Respondent toward him as she has exhibited in the past. He further stated that the Respondent's January 8, 2020 email and her comments during the radio interview of February 6, 2020 are aggravating factors, as they amount to the Councillor doubling-down on her unfounded and baseless assertions that the Complainant "lied" to and "manipulated" Council while carrying out his duties as CAO. With respect to Councillor Ioannoni's assertion that the Complainant engaged in "lying" to or "manipulating" Council to initiate the previous Integrity Complaint (IC-119-0919) filed against her by Council, the Complainant stated that this Page 312 of 398 14 assertion is untrue, and indicated that there is no evidence to support such an assertion. The Complainant stated that the issue of referring Councillor Ioannoni's conduct to the Integrity Commissioner (which became the subject of the Integrity Commissioner's comprehensive inquiry into matter IC-119-0919) was raised by an elected Member of Council; discussed by other Members of Council; was referred to outside legal counsel for advice following a unanimous resolution of Council (absent Councillor Ioannoni, who was not there); and that once such outside legal advice was received, it was acted upon by Council, which again voted unanimously (absent Councillor Ioannoni, who was again not there) to refer the matter to the Integrity Commissioner. When asked whether he had done anything to encourage or affect Council's decision, or had otherwise influenced any Member(s) of Council to refer or bring about Complaint IC-119-0919 against Councillor Ioannoni, the Complainant responded: "Absolutely not." The Complainant has accordingly taken the position that Councillor Ioannoni's assertion that he engaged in "lying" to or "manipulating" Council in respect of Integrity Commissioner matter IC-119-0919 is without merit and is contrary to Sections 3; 8.1; and 8.2 of the Code of Conduct. With respect to advising City Council regarding Council's ability to go in-camera to deal with FedDev funding application for the Ryerson-Niagara Falls Innovation Zone project, the Complainant denies lying to Council in any respect thereof. The Complainant additionally pointed out that the Ontario Ombudsman, in his April 14, 2020 decision, found that, contrary to Councillor Ioannoni's assertions, there was no wrongdoing on the part of Niagara Falls City Council in respect of any votes taken in-camera on the FedDev application matter on July 29, 2019. Accordingly, the Complainant takes the position that the Respondent's claim that he was untruthful with Council Members about their ability to go in-camera to deal with the FedDev application has been proven to be without merit. Page 313 of 398 15 The Complainant has accordingly taken the position that Councillor Ioannoni's accusation that he lied to Council is both without merit and is contrary to Sections 3; 8.1; and 8.2 of the Code of Conduct. 4.2 Submissions of the Respondent The Respondent made no submissions in respect of the matters reported herein. 5.0 Analysis and Decision 5.1 Issues The basis of this Complaint are to be found in the statements contained within Councillor Ioannoni's December 14, 2019 email to the Complainant and Members of Council which contain accusations that the Complainant: (i) engaged in "lying" to and "manipulating" Council in respect of having Complaint IC-119-0919 brought against her; and (ii) that he "lie[d]" about Council being allowed to go in- camera to deal with the FedDev application. The subsequent email of January 8, 2020 and radio interview comments of February 6, 2020 by the Respondent (supra), which are similar in nature to her comments in the December 14, 2019 email, were not brought or treated as discrete issues in this Complaint, but rather have been included as evidence of furtherance of the same alleged breach (i.e. a doubling-down of the previous comments contained within the December 14, 2019 email). Accordingly, should the initial comments (from December 14, 2020) be found to have been made in breach of the Code of Conduct, the subsequent comments (of January 8, 2020 and February 6, 2020, respectively) may be considered as aggravating factors on the part of the Respondent Councillor in contemplation of assessing an appropriate penalty. Likewise, the past occasion of the Respondent's conduct towards the Complainant (i.e. the Janet Leiper Report) may be considered as an aggravating factor in relation to the Complainant's December 14, 2019 comments, should such comments be found to have been made in breach of the Code. Prior Code of Conduct contraventions by the Respondent Councillor may also be considered to be aggravating factors. Page 314 of 398 16 The questions to be answered by this inquiry therefore are: 1. Did the Respondent breach Section 3 of the Code of Conduct by asserting in her December 14, 2019 email that the Complainant engaged in "lying" to and/or "manipulating" Council in respect of the prior IC matter IC-199- 0919; or that the Complainant "lie[d]" to Council in respect of going in- camera on July 29, 2019 to deal with the FedDev application. 2. Did the Respondent breach Section 8.1 of the Code of Conduct by asserting in her December 14, 2019 email that the Complainant engaged in "lying" to and/or "manipulating" Council in respect of the prior IC matter IC-199- 0919; or that the Complainant "lie[d]" to Council in respect of going in- camera on July 29, 2019 to deal with the FedDev application. 3. Did the Respondent breach Section 8.2 of the Code of Conduct by asserting in her December 14, 2019 email that the Complainant engaged in "lying" to and/or "manipulating" Council in respect of the prior IC matter IC-199- 0919; or that the Complainant "lie[d]" to Council in respect of going in- camera on July 29, 2019 to deal with the FedDev application. Should a finding be made that Councillor Ioannoni breached the Code of Conduct in answer to any or all of the above questions, the following may then be considered in contemplation of assessing an appropriate penalty: 4. If the Respondent breached the Code of Conduct with her emailed statements of December 14, 2019, did her subsequent emailed comments of January 8, 2020 aggravate the offence? 5. If the Respondent breached the Code of Conduct with her emailed statements of December 14, 2019, did her subsequent radio interview comments of February 6, 2020 aggravate the offence? 6. If the Respondent breached the Code of Conduct with her emailed statements of December 14, 2019, does the Respondent's past conduct toward the Complainant and/or her prior Code of Conduct contraventions aggravate the offence? Page 315 of 398 17 5.2 Decision In view of the facts and evidence presented in this matter, it is determined, without hesitation or reservation, that Councillor Ioannoni breached each of Sections 3; 8.1; and 8.2 of the Code of Conduct. The reasons for which this determination has been made are as follows. 5.2.1 Did the Respondent breach Section 3 of the Code of Conduct […]? Section 3 of the Code states that Members of Council: "[…] shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. […] The incontrovertible documentary evidence from Councillor Ioannoni's email of December 14, 2019 (supra) is that she accused the Complainant, Mr. Todd, of "lying" to and "manipulating" Council in respect of IC Matter IC-119-0919, and further accused him of having "lie[d]" in respect of an in-camera meeting which took place on July 29, 2019. There is absolutely no evidence to support any of the Respondent Councillor's allegations that the Complainant engaged in any form of "lying" or "manipulating" in either of those instances. Moreover, Councillor Ioannoni did not deny nor offer any explanation or defence of her December 14, 2019 emailed comments. I accordingly find that Councillor Ioannoni's December 14, 2019 emailed comments about Mr. Todd were unfounded and vexatious, and by making such accusations, the Respondent Councillor failed to maintain the level of respectful conduct required by a Member of Council towards staff pursuant to the Code. Page 316 of 398 18 I therefore find the Respondent's conduct in making such statements to contravene the requirements of propriety, decency, and respect as set forth in the Code, and further find that by making such unfounded accusations against the Respondent (particularly in full view of the rest of Council) the Respondent failed to treat the Complainant with the expected dignity and courtesy required by the Code. It accordingly must be concluded unequivocally that the Complainant breached Section 3 of the Code of Conduct, and I so find. 5.2.2 Did the Respondent breach Section 8.1 of the Code of Conduct […]? Section 8.1 of the Code requires that Members of Council shall: "(a) respect staff and acknowledge that staff is required to provide objective advice while remaining neutral, carry out directions of council as a whole, and administer the policies of the City without undue influence from any Member." It has already been found in fact that the Respondent made the impugned comments about the Complainant in her December 14, 2019 email (supra), and that such comments were broadly disrespectful in nature. As Mr. Todd is a member of Niagara Falls city staff, it therefore follows that Councillor Ioannoni's comments failed to live up to the standard of "respect[ing] staff" that is required of all Members of Council under this section of the Code. It must accordingly be concluded that Councillor Ioannoni breached Section 8.1 of the Code, and I so find. 5.2.3 Did the Respondent breach Section 8.2 of the Code of Conduct […]? Section 8.2 of the Code requires that Members of Council shall not: "(a) maliciously or falsely impugn the professional or ethical reputation of any staff;" Page 317 of 398 19 It has already been found in fact that the Respondent made the impugned comments about the Complainant in her December 14, 2019 email (supra), and I have concluded that such comments were, in addition to being broadly disrespectful, without merit and vexatious. I have found there is no evidence to support the Councillor's December 14, 2019 assertions that the Complainant engaged in any actions that could be considered "lying" or "manipulating" in either of the involved circumstances in respect of which such unfounded accusations were made, and accordingly I find the Councillor's comments about Mr. Todd to be in contravention of this section of the Code. Moreover, as such comments were directed to other Members of Council (the body to which the Complainant, as Niagara Falls CAO, reports) I find that such comments were intended to impugn the Complainant's professional and ethical reputation before his colleagues in the workplace. As Mr. Todd is a member of Niagara Falls city staff, it therefore follows that Councillor Ioannoni, by making such comments, failed to live up to the standard of "respect[ing] staff" required of her and all Members of Council under this section of the Code. It is accordingly clear that Councillor Ioannoni breached Section 8.2 of the Code, and I so find. 5.3 Aggravating Circumstances It has been found that Councillor Ioannoni breached sections 3; 8.1; and 8.2 of the Code of Conduct, and a recommendation to Council for a penalty for such contraventions must be considered. Accordingly, the Integrity Commissioner and I must give consideration to the various circumstances and further comments of the Respondent Councillor which the Complainant has put forward as evidence of aggravating these contraventions. Page 318 of 398 20 5.3.1 Did Councillor Ioannoni's subsequent emailed comments of January 8, 2020 aggravate the offence? As noted, Councillor Ioannoni sent an email to the Complainant, other Councillors, and several senior staff in response to the Complainant's emailed statement that, having failed to elicit a retraction and apology from the Respondent for her December 14, 2019 comments (as had been requested of her by the Complainant by way of an email on December 18, 2019), he would be pursuing a Complaint to the Integrity Commissioner. In this reply email of January 8, 2020, Councillor Ioannoni wrote to the Complainant (copying the other indicated parties), in part: "Could you also clarify which lie you are talking about? [i] The one to council that they were not allowed to talk about in camera matters with councilors who were not there? [ii] The one about you not being on Omers? [iii] The one about it was permissible to vote in camera on the Fed Dev matter? [iv] The lie in the Fed Dev application that the city lent Spark money when it was in fact HOLDCO? Please be more precise." [Emphasis and Numbering Added] There has been no investigation, and accordingly I make no finding, about Councillor Ioannoni's assertions which I have numbered [i]; [ii]; or [iv] above. However, assertion [iii] has been investigated as part of this matter (as it pertains to one of the impugned statements forming the basis for this Complaint), and as already concluded (supra) this assertion by the Respondent about the Complainant was entirely without merit. Furthermore, the Ontario Ombudsman determined and communicated to Council, in his decision of April 14, 2020 (supra), that Council was, in fact, able to conduct its business in respect of the FedDev application on an in-camera basis on July 29, 2019. It cannot therefore be rationally concluded that the Complainant lied to Council in communicating such advice. Even if such advice was incorrect (which is was not), it appears in any event to have been properly conceived and delivered. The chain of events indicated by Page 319 of 398 21 the documentary evidence is that the Complainant received a request from the Federal government that the FedDev matter be dealt with in-camera; that the Complainant sought legal advice from the City Solicitor about such request; that he received advice from the City Solicitor affirming that such request by FedDev could be fulfilled by Council; and that the Complainant (and by extension, Council) acted accordingly. The decision to deal with the FedDev matter in-camera was later affirmed as allowable by an outside reviewing authority in the form of the Ontario Ombudsman. Having provided no evidence on January 8, 2020 to support her theory that the Complainant lied to Council about Council's ability to vote on the FedDev matter in-camera (a fact which has since been reaffirmed by way of the Ombudsman's review) the Respondent was given an opportunity by the Complainant to apologize and retract such comments, but rather than doing so, she reaffirmed her (incorrect) stance that the Complainant lied. To make unfounded derogatory statements about another individual, particularly a member of staff, is clearly contrary to the Code of the Conduct (as found above). To repeat such derogatory statements, particularly in the face of an opportunity extended by the target of those statements to retract and apologize for them, is, in the view of the Integrity Commissioner and myself, a clear aggravation of such Code contravention(s). Such aggravation must be considered in assessing the recommended penalty for the Code violations which have been found in this matter. 5.3.2 Did Councillor Ioannoni's radio interview comments of February 6, 2020 aggravate the offence? As noted, Councillor Ioannoni participated in a radio interview on February 6, 2020, which was aired on NewsTalk 610. During that interview, the Respondent Councillor accused the Complainant of co-engineering (with the Mayor) the initiation of the previous Integrity Complaint (IC-199-0919) against her, when she stated: Page 320 of 398 22 "I never had a Mayor or CAO, and that’s who started this, Ken Todd and Jim Diodati asked Council to file the complaint against me […]" [Emphasis Added] This comment by the Respondent on the radio posits her theory, for which no supporting evidence has ever been presented, that the Complainant, Mr. Todd, was the genesis of the previous Integrity Complaint against her. This follows her emailed statement of December 14, 2019, in which she stated (in part): "I am quite frankly beyond tired of Jim and Ken manipulating and lying so that again it is council against me." I have found the Respondent's assertion in this regard to be unsubstantiated and, for reasons already noted, to have been contrary to the Code. The Respondent's subsequent radio comments echo a similar sentiment, which remains unsubstantiated and meritless. Accordingly, I find such statements as publicly communicated by the Respondent Councillor on the radio on February 6, 2020 to be an aggravation of the Code of Conduct breach which has already been found in this matter, and accordingly must be considered when assessing a penalty for such Code contravention(s). 5.3.3 Does Councillor Ioannoni's past conduct aggravate the offence? It cannot be denied (and was not denied by Councillor Ioannoni in any event) that the Respondent has a history of making negative assertions and/or complaints about the Complainant which have put his personal and professional integrity needlessly into question. It also a fact that Councillor Ioannoni has been found to have breached the Code of Conduct in past instances. Accordingly, the following events are relevant to consider: According to the Report of former Integrity Commissioner Brian Duxbury, dated June 27, 2017, it was found that: Page 321 of 398 23 "Councillor Ioannoni improperly disclosed sensitive and confidential information which was discussed In Camera by Council on January 24, 2017, to a third party who was not entitled to such information" For such breach of the City's Code of Conduct, the Councillor was assessed a penalty by the Council of the day of a suspension of remuneration for a period of ninety (90) days. According to the Report of former Integrity Commissioner Janet Leiper, dated June 27, 2018, the Respondent Councillor, as part of a settlement agreement, apologized to Mr. Todd for comments which she made about him, and committed to refrain from making "[…] comments on social media or publicly concerning [his] actions or professionalism,". According to the Report of this Integrity Commissioner, Mr. Edward McDermott, in matter IC-119-0919, released on January 31, 2020, Councillor Ioannoni was found to be in breach of her obligations under the Code of Conduct relating to its confidentiality provisions, for which she received a penalty imposed by this Council of a suspension of remuneration for a period of ninety (90) days. Given this extensive history (supra), it must be concluded that none of the events which are the subject matter of this present Integrity Complaint (IC-155-0120) have taken place in a vacuum. Accordingly, Council must consider the above historical context in determining the appropriate penalty for the several contraventions of the Code of Conduct by Councillor Ioannoni as so found in this present investigation and Report. 6.0 Conclusion and Recommendation 6.1 Conclusion For the reasons expressed herein, the Integrity Commissioner and I find that Councillor Ioannoni has contravened Sections 3; 8.1; and 8.2 of the Code of Conduct, and moreover, that such breaches of the Code are aggravated by several factors, including a history of similar conduct by the Councillor toward the Complainant, and several instances of additional comments by the Respondent Page 322 of 398 24 which served to double-down on her unsubstantiated accusations against him, which she initially communicated via email to the Complainant and Members of Council on December 14, 2019. 6.2 Recommendation Where a Member of Council has been found to have breached the Code of Conduct, the authority rests with Council to impose a penalty on the Member, pursuant to Section 18.1 (b) of the Code, and Section 223.4 (5) of the Municipal Act, 2001. The available penalties include: (a) a reprimand; or (b) suspension of remuneration paid to the Member in respect of his or her services as a Member for up to ninety (90) days. Given the nature and number of the contraventions, together with the several noted factors which Council may consider aggravating in nature, it is accordingly the recommendation of the Integrity Commissioner and myself that Niagara Falls City Council impose an economic sanction against Councillor Ioannoni of ninety (90) days suspension of remuneration in respect of her services as a Member of Council. Yours truly, ADR CHAMBERS INC. Michael L. Maynard Office of the Integrity Commissioner Page 323 of 398 Our Reference #: M-2020-6431 June 8, 2020 Dear Head of Council: We know that people, businesses and municipalities in Ontario have been significantly affected by the COVID-19 outbreak, including our hospitality sector and workers. Restaurants, bars and other licensed establishments like tap houses and breweries play an essential role in the success of local economies and the vibrancy of communities in our province. That is why our government is committed to supporting them, while doing all we can to keep people safe based on the guidance of public health experts. Early on in this public health emergency the Attorney General led our government’s swift action to allow licensed restaurants and bars to offer takeout and delivery of alcohol with food orders, to extend all liquor licenses for three months at no extra cost to licensees and to reduce the minimum price restaurants and bars are required to sell spirits at by 33 per cent. Last fall Minister Sarkaria tabled the Smarter for Business, Better for People Act which, since passed, gives restaurants, bars and breweries the ability to allow dogs in outdoor eating areas, like patios and inside food premises where only pre-packaged and/or low risk foods are served. This change has provided more flexibility and business opportunities to the hospitality sector. There is still more that can be done. Each of us have heard loud and clear the calls from municipalities and the hospitality sector to allow licensed establishments to extend their outdoor patio licenses for the duration of summer and into the fall. The current process is time- consuming and presents too many barriers for businesses already struggling to succeed in the face of COVID-19. We are therefore pleased to inform you that, as the Minister responsible for the regulation of alcohol sale and consumption in Ontario, the Attorney General has implemented regulatory changes that give the Alcohol and Gaming Commission of Ontario (AGCO) the discretion to allow licensed establishments to temporarily add or increase the size of their patios once they are permitted to reopen. These opportunities will be available to all licensed establishments, whether or not they currently have a patio, and will be subject to any additional requirements set out by the AGCO and municipality (such as by-laws or other restrictions). The Attorney General and Ministers of Municipal Affairs and Housing and Small Business and Red Tape Reduction recognize the need to give licensed establishments certainty as they prepare to operate their businesses safely, successfully and respectful of social distancing protocols. That is why we came together quickly to find an effective solution as Ontario gradually re-opens its economy. …/2 Attorney General McMurtry-Scott Building 720 Bay Street 11th Floor Toronto ON M7A 2S9 Tel: 416-326-4000 Fax: 416-326-4007 Procureur général Édifice McMurtry-Scott 720, rue Bay 11e étage Toronto ON M7A 2S9 Tél.: 416-326-4000 Téléc.: 416-326-4007 Page 324 of 398 -2- Additionally, we encourage you and your municipal council to look at the options available to support your Main Streets. A few innovative municipalities have considered extending patios onto sidewalks and into parking lots, allowing the alternative use of a section of downtown streets, or transforming public parks into food gardens. We encourage you to consider what may work in your community to support our small businesses. We look forward to seeing the Ontario spirit in action as licensed establishments take advantage of this latest change and municipalities launch plans to further support their local hospitality sectors this summer while keeping their communities safe and following all public health guidance. Sincerely, Doug Downey Steve Clark Prabmeet Sarkaria Attorney General Minister Associate Minister Municipal Affairs and Housing Small Business and Red Tape Reduction Page 325 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Financial Statements December 31,2019 Page 326 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Financial Statements December 31,2019 Table of Contents Page Management Report 1 Independent Auditors‘Report 2-4 Statement of Financial Position 5 Statement of Changes in Net Assets 6 Statement of Remeasurement Gains and Losses 6 Statement of Operations 7 Statement of Cash Flows 8 Notes to Financial Statements 9-13 Schedule of MunicipalGrants 14 Schedule of Expenses —Maintenance,Building and Property 15 Schedule of Expenses -Maintenance,Vehicles and Equipment 16 Schedule of Expenses -Operations 17 Schedule of Expenses -Personnel 18 Schedule of Portfolio Investment Income 19 Schedule of Capital Assets -December 31,2019 20 Schedule of Capital Assets -December 31,2018 21 Page 327 of 398 NIAGARA DISTRICT AIRPORT COMMISSION MANAGEMENT REPORT December 31,2019 The accompanying ?nancial statements of the Niagara District Airport Commission (the "Commission")are the responsibility of the Commission's management and have been prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada. The preparation of ?nancial statements necessarily involves the use of estimates based on management's judgement,particularly when transactions affecting the current accounting period cannot be ?nalized with certainty until future periods. Commission management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded,transactions are properly authorized and recorded in compliance with legislative and regulatory requirements and reliable financial information is available on a timely basis for preparation of the ?nancial statements.These systems are monitored and evaluated by management. The Commission meets with management and the external auditors to review the ?nancial statements and discuss any signi?cant financial reporting or internal control matters prior to their approval of the ?nancial statements. The financial statements have been audited by Crawford Smith &Swallow,Chartered Professional Accountants LLP,independent external auditors appointed by the Commission.The accompanying lndepeiident Auditors’Report outlines their responsibilities,the scope of their examination and their opinion on the Commission's ?nancial statements. Robin Garrett Daniel Pilon Chair CEO April 16,2020 April 16,2020 Page 328 of 398 ?,'gtrYi£,°!5’i.§?2:,ifl‘.,“;‘.i’?!'..?l',‘;Y!mCrawford sm1th®, L2E2M2 Telephone:(905)356-4200 swallow Fax:(905!356-3410 O?tces in: Niagara Falls St Cathannes FOIIErie Niagara~orHhe~Lake Port Cclborne INDEPENDENT AUDITORS'REPORT To the Members of Niagara District Airport Commission Opinion We have audited the accompanying ?nancial statements of Niagara District Airport Commission, which comprise the statement of ?nancial position as at December 31,2019,and the statements of operations,remeasurement losses,change in net assets and cash ?ows for the year then ended,and notes to the ?nancial statements,including a summary of signi?cant accounting policies. In our opinion,the accompanying ?nancial statements present fairly,in all material respects,the ?nancial position of Niagara District Airport Commission as at December 31,2019,and the results of its operations,remeasurement losses and its cash ?ows and changes in net ?nancial assets for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards.Our responsibilitiesunder those standards are further described in the Auditors’Responsibilities for the Audit of the Financial Statements section of our report.We are independent of the Commission in accordance with the ethical requirements that are relevant to our audit of the ?nancial statements in Canada,and we have ful?lled our other ethical responsibilities in accordance with these requirements.We believe that the audit evidence we have obtained is su?icient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of these ?nancial statements in accordance with Canadian public sector accounting standards,and for such internal control as management determines is necessary to enable the preparation of ?nancial statements that are free from material misstatement,whether due to fraud or error. Page 329 of 398 In preparing the ?nancial statements,management is responsible for assessing the Commission's ability to continue as a going concern,disclosing,as applicable,matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Commission or to cease operations.or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Commission's ?nancial reporting process. Auditors’Responsibtlitiesfor the Audit oft/veFinancial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement,whether due to fraud or error,and to issue an auditors’report that includes our opinion.Reasonable assurance is a high level of assurance,but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists.Misstatements can arise from fraud or error and are considered material if,individually or in the aggregate,they could reasonably be expected to in?uence the economic decisions of users taken on the basis of these financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards,we exercise professionaljudgment and maintain professional skepticismthroughout the audit.We also: a)Identify and assess the risks of material misstatement of the financial statements,whether due to fraud or error,design and perform audit procedures responsive to those risks,and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error,as fraud may involve collusion,forgery,intentional omissions, misrepresentations,or the override of internal control. b)Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the Commission's internal control. c)Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. (1)Conclude on the appropriateness of management's use of the going concern basis of accounting and,based on the audit evidence obtained,whether a material uncertainty exists related to events or conditions that may cast signi?cant doubt on the Commission's ability to continue as a going concern.If we conclude that a material uncertainty exists,we are required to draw attention in our auditors’report to the related disclosures in the ?nancial statements or,if such disclosures are inadequate,to modify our opinion.Our conclusions are based on the audit evidence obtained up to the date of our auditors‘report.However, future events or conditions may cause the Commission to cease to continue as a going concern. e)Evaluate the overall presentation,structure and content of the financial statements, including the disclosures,and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Page 330 of 398 We communicate with those charged with governance regarding,among other matters,the planned scope and timing of the audit and signi?cant audit findings,including any signi?cant deficiencies in internal control that we identifyduring our audit. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence,and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence,and where applicable,related safeguards. 1 Niagara Falls,Ontario April 16,2020 CRAWFORD SMITH &SWALLOW CHARTERED PROFESSIONAL ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS Page 331 of 398 NIAGARA DISTRICT AIRPORT COMMISSION STATEMENT OF FINANCIAL POSITION December 31,2019 Assets 2019 2018 $35 Current Assets Cash 1,582,483 584,442 Portfolio investments at fair value 701,575 Accounts receivable 26,343 46,147 Sales tax recoverable 16,294 14,190 Prepaid expenses 17.627 19.390 1,642,747 1,365,744 Capital Assets -note 7,schedules 7 and 8 9,140,460 9,612.774 Total Assets 10,783,207 10,978,518 Liabilities and Net Assets Current Liabilities Accounts payable and accrued liabilities 114,772 87,633 Government remittances payable 1,404 1,188 116,176 88,821 Deferred Capital Contributions -note 4 9.4_8_0_,755 9,702,774 9,596,931 9,791,595 Net Assets Invested in tangible capital assets 444,530 498,174 Internally restricted 548,598 548,598 Unrestricted 193.148 155.683 1,186,276 1,202,455 Accumulated Remeasurement Losses (15,532) Total Liabilities and Net Assets 10,783,207 10,978,518 Signed on behalf ofthe Commission: )‘..Commissioner Q 'Commissioner See accompanying notes Page 332 of 398 NIAGARA DISTRICT AIRPORT COMMISSION STATEMENT OF CHANGES IN NET ASSETS for the year ended December 31,2019 Invested in Internally Capital Restricted Assets Net Assets Unrestricted $$119 Balance,Beginning of Year 498,174 548,598 155,683 Excess (De?ciency)of Revenue over Exgenses for the Year (53,644)37,465 Balance,End of Year 444,530 548,598 193,148 Total Total 2019 2018 $3% Balance,Beginning of Year 1,202,455 1,225,104 Excess (De?ciency)of Revenue over Expenses for the Year (16,179)(22,_6l1_9) Balance,End of Year 1,186,276 1,202,455 STATEMENT OF REMEASUREMENT GAINS AND LOSSES for the year ended December 31,2019 2019 2018 $$ Accumulated Remeasurement Losses,Beginning of Year (15,532)(5,394) Unrealized Gain (Loss)Attributable to Portfolio Investments 17,414 (12,928) Realized Gain (Loss)on Portfolio Investment,Reclassi?ed to Operations -Schedule 6 (1,882)2,790 Accumulated Remeasurement Losses,End of Year (15,532) See accompanying notes Page 333 of 398 NIAGARA DISTRICT AIRPORT COMMISSION STATEMENT OF OPERATIONS for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$$ Revenue Events 6,000 2,450 8,417 Fuel operations 24,000 25,798 24,286 Landing and parking fees 66,500 66,362 67,466 Miscellaneous 27,400 21,799 31,753 Municipal grants -schedule 1 439,800 439,800 396,064 Deferred revenue recognized -note 4 87,210 622 Rentals 187,000 174.541 178.520 750,700 817,960 707,128 Operating Expenses Maintenance,building and property -schedule 2 53,000 153,684 59,663 Maintenance,vehicles and equipment-schedule 3 63,000 57,747 65,764 Operations -schedule 4 191,800 187,353 178,877 Personnel -schedule 5 454,900 420.219 404,983 762,700 819,003 709,287 Operating Loss (12,000)(1,043)(2,159) Other Portfolio investment income -schedule 6 (12,000)5,541 7,904 Interest 24,000 26,331 4,709 Gain on disposal of capital assets 6,637 20,385 Amortization of capital assets (547,730)(550,464) Amortization of deferred capital contributions -note 4 494.085 496,976 12,000 (15,136)(20,490) De?ciency of Revenue over Expenses for the Year (16,179)(22,649) See accompanying notes Page 334 of 398 NIAGARA DISTRICT AIRPORT COMMISSION STATEMENT OF CASH FLOWS for the year ended December 31,2019 2019 2018 $33 Operating Activities De?ciency of revenue over expenses for the year (16,179)(22,649) Amortization of capital assets 547,730 550,464 Amortization of deferred capital contribution (494,085)(496,976) Realized gain on portfolio investment,reclassified to operations (1,882)2,790 Gain on disposal of capital assets (6,637)(20,385) Portfolio investments activity (5,922)(9,235) Deferred revenue recognized (87,210)(622) Working capital provided (used)by operations (64,185)3,387 Changes in working capital components Accounts receivable 19,804 32,317 Sales tax recoverable (2,104)(14,190) Prepaid expenses 1,763 1,057 Accounts payable and accrued liabilities 27,139 (65,545) Government remittances payable 216 (10,520) Deferred revenue (57,082) 46,818 (113,963) Funds used by operating activities (17,367)(110,576) Investing Activities Decrease in temporary investments 85,000 Proceeds on disposal of portfolio investments 724,91 1 Proceeds on disposal of capital assets 40,568 885 Capital expenditures (76,071)g118,405) Funds provided (used)by investing activities 689,408 (32,520) Financing Activities Deferred capital contribution received 326.000 280.300 Increase in Cash Position 998,041 137,204 Cash Position,Beginning of Year 584,442 447,238 Cash Position,End of Year 1,582,483 584,442 See accompanying notes Page 335 of 398 NIAGARA DISTRICT AIRPORT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31,2019 Organization 1. The ownership of the Niagara District Airport was transferred from the Federal Government to the Town of Niagara-on-the-Lake (the "Town")in 1996.The Niagara District Airport Commission (the "Commission"),established in 1959,is entrusted with the control and management of the airport as per an agreement between the Town and the Commission dated September 13,1996.The City of St.Catharines,the City of Niagara Falls,and the Town of Niagara-on-the-Lake have entered into an Airport Funding Agreement,which expires on December 31,2026.The agreement established the Commission as a Joint Municipal Services Board under the Municipal Act and authorizes the Commission to hold all airport assets in trust. The Commission is a subsidiary of a municipal enterprise and,as such,is exempt from corporate income taxes. Signi?cant Accounting Policies The ?nancial statements of the Commission are the representations of management prepared in accordance with Canadian public sector accounting standards.Because a precise determination of many assets and liabilities is dependent upon future events,the preparation of periodic ?nancial statements necessarily involves the use of estimates and approximations. These have been made using careful judgement in the light of available information.The ?nancial statements have,in management's opinion,been properly prepared within reasonable limits of materiality and within the framework of the accounting policies summarized below: Financial reporting framework The financial statements of the Commission have been prepared in accordance with Canadian public sector accounting standards for government not-for-profit organizations, including the 4200 series of the standards,as issued by the Public Sector Accounting Board (PSAB for Government NPO's). Revenue recognition The Commission follows the deferral method of accounting for contributions.Deferred capital contributions are amounts received for the purchase and maintenance of tangible capital assets.Contributions for the purchase of capital assets are deferred and amortized into revenue at a rate corresponding with the amortization rate for the related capital assets.Contributions for maintenance type capital expenditures are recognized as revenue in the period when the expenses are incurred.Other funds received for expenses of future periods are recognized as revenue in the period when the expenses are incurred. Unrestricted contributions,including municipal grants,are recognized as revenue when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Page 336 of 398 NIAGARA DISTRICT AIRPORT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31,2019 1.Signi?cant Accounting Policies -continued Revenue recognition -continued Unrestricted revenues including fuel revenue,event revenue,and landing and parking fees are recognized as revenue when services are provided or goods are delivered.Rental revenue from land leases are recognized on a straight line basis over the term of the agreements.Investment revenue is recognized in the statement of operations when earned,dividends when declared,and investment gains and losses when realized. Unrealized gains and losses are recognized in the statement of remeasurement losses based on the fair value on the statement of financial position date. Financial instruments The Commission has elected to recognize its portfolio investments at fair value. Transaction costs and financial fees are expensed when incurred.The change in fair value is recognized as remeasurernent gain or loss in the statement of remeasurement losses until the portfolio investment is sold.At the time when the portfolio investment is sold,the associated gains and losses are reversed and reclassi?ed in the statement of operations. The Commission's other financial instruments consist of cash,accounts receivable and accounts payable and accrued liabilities.Financial instruments are initially measured at fair value on acquisition and are subsequently measured at amortized cost.Transaction costs and financial fees associated with financial instruments carried at amortized cost are recorded as adjustments to the initial fair value recognized,and amortized over the life to the ?nancial instrument. Contributed services The Commission receives contributed services in the form of the time commitment of the commissioners in the overseeing of operations.The fair value of such contributed services is not determinable and,therefore,not recognized in the financial statements. Capital assets and amortization Purchased capital assets are recorded at cost less accumulated amortization.Contributed capital assets are recorded at fair value at the date of contribution.Expenditures for maintenance and repairs are charged to operating expenses.Betterments that extend the estimated useful life of an asset are capitalized.When a capital asset no longer contributes to the Commission's ability to provide services or the value of future economic benefits associated with the capital asset is less than its net book value,the carrying value of the capital asset is reduced to re?ect the decline in the asset's value.Any unamoitized deferred capital contribution amount related to the capital asset is recognized in gain or loss on disposal of capital assets in the statement of operations,provided that all restriction have been complied with. 10 Page 337 of 398 NIAGARA DISTRICT AIRPORT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31,2019 1.Signi?cant Accounting Policies -continued Capital assets and amortization -continued Amortization is calculated on a straight-line basis over the estimated useful lives as follows: Land improvements 15 to 60 years Buildings 20 to 60 years Equipment 4 to 40 years Furniture and fixtures 10 years Computer equipment 3 to 5 years Motor vehicles 5 to 20 years Signs 2 to 20 years Other machinery and equipment 10 to 60 years Linear assets 20 to 60 years Additions during the year are amortized from the month of acquisition.Disposals are amortized until the month of disposition.Gains or losses on assets sold or otherwise disposed of are included in the statement of operations. Impairmentof long-lived assets The carrying value of long-lived assets including property,plant and equipment and certain other long-lived assets is reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount of the assets may not be recoverable.If the long-lived asset no longer has any 1ong—termservice potential to the Commission,it is considered to be impaired.An impairment loss is measured at the amount by which the carrying amount of the asset exceeds its residual value. 2.Economic Dependence The Commission receives a signi?cant portion of its revenues ?‘om the City of St.Catharines, City of Niagara Falls,and the Town of Niagara-on-the-Lake. 3.Budget ?gures The budget ?gures presented on the statement of operations are based on the 2019 operating and capital budgets as approved by the Commission.These numbers have not been audited, but are presented for information purposes only.The budgets established for capital are on a project-oriented basis,the costs of which may be carried out over one or more years.As such.they are not directly comparable with current year actual amounts and have not been reflected.Budget ?gures have been reclassi?ed to comply with PSAB for Government NPO's reporting requirements. 11 Page 338 of 398 NIAGARA DISTRICT AIRPORT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31,2019 4.Deferred Capital Contributions Deferred capital contributions represent the unamortized amount and the unspent amount of grants received for capital related expenditures.The amortization of capital contributions is recorded as revenue in the statement of operations over the useful lives of the related capital assets.The changes in the deferred capital contributions balance for the year are as follows: 2019 2018 $$ Balance,beginning of year 9,702,774 9,947,822 Add:contributions received for capital purposes 326,000 280,300 Add:contributions of tangible capital assets 45,000 Less:net book value of capital assets disposed during the year (11,724)(27,750) Less:amortization of deferred capital contibutions (494,085)(496,976) Less:charged to operations during the year (87,210)(622) Balance,End of Year 9,480,755 9,702,774 As at December 31,2019 there was $784,821 (2018 -$588,170)of deferred capital contributions received which was not spent. 5.Employee Future Bene?ts The Commission makes contributions to the Ontario Municipal Employees Retirement Fund ("OMERS"),which is a multi-employer plan,on behalf of all its employees.The plan is a de?ned bene?t plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay.The OMERS Administration Corporation Board of Directors,representing plan members and employers,is responsiblefor overseeing the management of the pension plan,including investment of the assets and administration of the bene?ts.OMERS provides pension services to almost 500,000 active and retired members and approximately 1,000 employers. Each year an independent actuary determines the funding status of OMERS Primary Pension Plan ("the Plan")by comparing the actuarial value of invested assets to the estimated present value of all pension bene?ts that members have earned to date.The Plan is a multi-employer plan,any pension plan surpluses or de?cits are a joint responsibility of Ontario municipal organizations and their employees.As a result,the Commission does not recognize any share of the OMERS pension surplus or de?cit. The amount contributed to OMERS for 2019 was 3914,759 (2018 -$17,696)for current services and is included as an expense on the statement of operations. On January 1,2019 the yearly maximum pensionable earnings increased to $57,400 from $55,900 in 2018.The contributions are calculated at a rate of 9.0%(2018 -9.0%)for amounts up to the yearly maximum pensionable earnings stated above and at a rate of 14.6% (2018 -14.6%)for amounts above the yearly maximum pensionable earnings. 12 Page 339 of 398 NIAGARA DISTRICT AIRPORT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31,2019 6.Restrictions on Net Assets In May 2017,the Commission approved a motion to transfer $560,000 to internally restricted net assets.Internally restricted net assets are not available for other purposes without approval of the Commission.The purpose of this internally restricted fund is to assist with the funding of future capital expenditures.In the current year nil (20l8 - $1 1,402)was utilized for approved capital expenditures. 7.Capital Assets Capital Assets Disclosed at Nominal Values Where an estimate of fair market value could not be made for a capital asset,the asset has been recognized at a nominal value.Nominal values totaling 5317 have been assigned to Land ($2),Land Improvements ($4),Buildings (355),Other Machinery and Equipment (335)and Signage ($1). Acquisition of Capital Assets During the year,capital assets were acquired at an aggregate cost of $121,071 of which 5345,000 was acquired by way of direct asset contribution.Cash payments of $76,071 were made to purchase capital assets. 8.Financial Risks Transactions in financial instruments expose the Commission to certain ?nancial risks and uncertainties.These risks include: Credit Risk Credit risk is the risk that a counterparty will be tunableto ful?l its obligations on a timely basis or at a reasonable cost.The Commission has accounts receivable which are exposed to credit risk.The Commission monitors.on an ongoing basis,the credit risk to which the Commission is exposed and takes measures to mitigate any risk of loss.Provisions against losses from bad debts are recorded according to credit risk,historical trends,general economic situations and other information.Accounts receivable are net of an allowance for doubtful accounts of nil. As a result ofa decrease in accounts receivable,the Commission's exposure to credit risk has decreased over the prior year. 9.Comparative Figures Certain comparative ?gures have been reclassi?ed to conform with the financial presentation adopted for the current year. 13 Page 340 of 398 NIAGARA DISTRICT AIRPORT COMMISSION SCHEDULE OF MUNICIPAL GRANTS for the year ended December 31,2019 Budget 2019 55 City of St Catharines Operating Grant 245,263 City ofNiagara Falls Operating Grant 162,273 Town of Niagara-on-the-Lake Operating Grant 324264 439,800 See accompanying notes Schedule 1 Actual Actual 2019 2018 $$ 245,263 207,853 162,273 156.996 32.264 3 1,215 439,800 396,064 Page 341 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Schedule 2 SCHEDULE OF EXPENSES -MAINTENANCE,BUILDING AND PROPERTY for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$$ Building 19,000 32,459 26,325 Property 14,000 13,107 16,054 Runway 20.000 108.118 17.284 53,000 153,684 59,663 See accompanying notes 15 Page 342 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Schedule 3 SCHEDULE OF EXPENSES —MAINTENANCE,VEHICLES AND EQUIPMENT for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$33 Equipment rent 3,000 3.482 2,979 Gas and oil 20,000 23,472 20,518 Vehicles 40,000 30,793 42,267 63,000 57,747 65,764 See accompanying notes 16 Page 343 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Schedule 4 SCHEDULE OF EXPENSES -OPERATIONS for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$33 Accounting fees 12,000 13,000 12,000 Advertising 2,000 2,761 1,400 Audit 13,000 12,000 14,400 Bad debt 1,000 Commissioners expenses 2,000 1,255 Conventions 12,000 10,761 9,997 Consulting services 20,000 28,087 21 ,240 Credit card fees 89 165 Hydro and heating 32,000 25,813 27,179 Insurance 14,000 14,653 13,440 Legal 12,000 4,562 4,887 Miscellaneous 1,600 1,418 857 Office and general 14,000 14,724 14,303 Payment in lieu oftaxes 14,200 14,519 14,047 Safety management systems 5,000 5,000 5,000 Telephone and communications 10,000 15,662 11,091 Training 10,500 5,403 12,226 Water and sewage 16,500 17.646 16.645 191,800 187,353 178,877 See accompanying notes 17 Page 344 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Schedule 5 SCHEDULE OF EXPENSES -PERSONNEL for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$$ Consultants and subcontractors 126,000 126,777 103,873 Employee bene?ts 67,400 51,437 58,414 Salary and wages 261,500 242,005 242,696 454,900 420,219 404,983 See accompanying notes 18 Page 345 of 398 NIAGARA DISTRICT AIRPORT COMMISSION Schedule 6 SCHEDULE OF PORTFOLIO INVESTMENT INCOME for the year ended December 31,2019 Budget Actual Actual 2019 2019 2018 $$$ Interest earned on investments 7,212 21,303 Investment management fees (12,000)(3,553)(10,609) Realized gains (losses)on disposal 1,882 (2,790) (12,000)5,541 7,904 See accompanying notes 19 Page 346 of 398 on 38:m=_?8:_o§mom ¢E...:._.an~_.~$.wm._m.3.§.$mm.5.m-4mwm.~.B.m_swm?~$.~.~_§a%.m_ amm?33m:3wmmmmSm?8?.P...E:.5.,$ :..o.omc.N_$.$m33¢ExamQo?ooqmN8"?:2:S.umS.~ 8.3»summonoimmmad:.5.£o._o$.£c._33323:5 ~mm.mm_b_233oomhmmNtumwm$323mmamm:53o£<.m3EuEq_:_.u wasbu:EomE550 u._=.u:._.2~..._:_ So?e.»mcc.w~._4.m_ W3vmhmmvmxwmmwmo$.mS..:mmméSix.§o.$_.: $2.».2.3..33$35.331%2&5 mgsmm$32owwmmSodm$32Swim.8.ua~89$3....mmm2oEo>SS2 .nS.m_E.N...u_23 _mg...ommdu33m33 _ oildEwwwEuEn::_.55:._...:.:oU :3QnmmomwmmommaSmmmSmmm8._aéE32.55.5 $359..£o._amV3A53,3m$..mm.mmomma}83:852mE.Hmv._:5sa_=..m R9 _ 9331%293Siam.oov,mE«._8_V.mE,_mm:_E_:m Ro.~_.9¢wad:.m80.3252%Qmdmmm8:3325.3cow:_ _$a3mEu:5>.:mE_2:3 ?fmmSENRimE54 __£o:uU %mwmwmmmm u:_m>23>m_mmomm_Q:o.:m~_:oE<59>30>m:.,$o©w:o::.u<Su> soon.3new,3m:_s__wum,3wcm-23595Lom=_..smum 52duc?mmdoc?sm.8:n_am?mmcmm?.3:m_wm :o:mN_:oE<wua_.::=o,..<moo «Low ._mbn?ooomnouco:3»ofSo. mEmm<n_<,Em<Dmomasnmmum 52_:.2_om zoa?zzouenema?,HU~m,Hm~D<m<w<_z Page 347 of 398 _m 88:mEb:&Eooommom E255m%.m-.w::.~_Etcmm$m..m@.m~@,e...m.m_m~hmm~2.5%_S.mm..2 N5?NR?Ew.mo_Sm?.522sews...5£95 _.£h_~_“mSiamSW88 _ 03“Em,m$.~:.w.m2§.§4 Sacco.mm2.:02.8$32o$.£o._e$.£o._ea:58: $3 _ 2E3%08.3Qwmwmoowsm?E32a3.$m._:5=a_.:3 canbociom?E50 9.._:u=.:mx.a:_ _m.n.§;miummhm2:§25.53w:»:~.m§a,$_.__Ewdm23%m_ Q22. Sod.£3Mama33mm_ .8mm_ dmmzwa Emg:NSW2.was$0.8$32.V3,.mmmm??womSwwmm8_uEu>.232 $3.»c~m,o~mm_ ,¢mt»:Emam_:m.w~2.2553§.a:5u $3.mvwmmcm?212SwmmmompmmmesceBa2.::_.5,,_ $m.o:._mmxmmm_ 25%a?mwmmE.t¥._ _oonwmSW23Eosas? $95:SiamSamam:3:»:m03.85:22:.8_u.m%._m..a_2_=m Sm?me$m.aQ.N_3m3mE.daww_:.,§ms_S.§ms£s:§o§=_ES REMSENRim9.3 _a.5:.aU anmmmmmmmm% u:_m>53>m_mmomm._QCOEmN_.CO:._<59>89>m:.,$ovm:o_:Eu<80> xocmLOLOm.:_c:_mom._Lo_u:m_-235can,8wC_::_wom— EZ.8:Em.m_docsam.oo:a_mm_m_wmo%._Qdo:m_mm :o:mN_:oE<U2m_:E:oo<“moo mam« _m.$gEoooQU225Eu»«.5.8 w.Fm~mm<A<a.E<UECHADQHEUW m2=_§_om zoamzzzooemo$:<HU-:.m—D<~—<U<—Z Page 348 of 398 Page 349 of 398 LEUKEMIAS LYMPHOMA SOCIETY OF CANADA’ ?ghting blood cancers June 10,2020 To the members of the Niagara FallsCity Counsel, My name is Kalie Patton and I am contacting you on behalf of the Leukemia 84Lymphoma Society of Canada (LLSC).The LLSC is Canada's largest organization that funds life-saving blood cancer research,and provides support services to patients and their families.With over 137 types of blood cancer,approximately 138,100 people in Canada are living with,or are in remission from a form of blood cancer. Light The Night Walks are the LLSC’ssignature fundraising event across the country.Thousands of participants affected by blood cancer walk in solidarity while raising funds to ?nd a cure for blood cancer.This walk is about community and about bringing light to the darkness of blood cancer.Last year LLSC’sLight the Night campaign in Canada raised over $6 million and over 35,000 participants walked with us in their cities to celebrate survivors and commemorate loved ones who have lost their lives to blood cancer.This year,we were overjoyed to bring back the Niagara Falls Light The Night walk after a two year hiatus (the last walk was held in 2017).We had booked our date through Niagara Parks for June 20"‘but unfortunately due to Covid-19,we are unable to continue in the fashion that we had originally planned. Instead,we will be hosting a zoom call,beginning at 8PM on Saturday,June 27"‘for our participants in Niagara Falls,Medicine Hat,and Canmore.On this call we will hear from our Honoured Hero in Medicine Hat and our Remembered Honoured Hero's daughter in Niagara Falls.We will also honour participants from Canmore and Niagara fails (Kathy Brotzner),as our lantern representatives.Kathy is a Niagara Falls resident who is currently battling Leukemia at Juravinski.Herfamily will be walking with us in support of her. Our red lanterns are held by supporters,gold lanterns by those walking in memory,and white for patients and suwivors.We will also hearfrom the President of LLSCas well as the Manager,Medical &Scienti?c Engagement. The event will be hosted by Managers of the LLSCacross the country.We have even asked that the Niagara Parks Commission consider illuminating the falls on June 27"‘to show support and bolster the Niagara Falls resident affected by blood cancer. Here is the link to our Niagara Falls Light The Night event page:https:[[www.lightthenightca?lb locations[ontario[niagara-fa|ls[ if there is any more information I can provide to you about the Leukemia &Lymphoma Society and/orour Light The Night walks and how they can positively affect your community,please do not hesitate to reach out. Sincerely, KaliePatton Community &Fund Development Manager-Ontario Ka|ie.patton@l|s.org T:647-391-4938 The Leukemia &Lymphoma Society of Canada [[55-anada_ofg Ontario Regional Office 804-2 Lansing Square Toronto.ON M2J 4P8 Charitable Business No.10762 3654 nmoor Page 350 of 398 Clifton Hill BIA 4960 Clifton Hill, Box 60 Niagara Falls, Ontario, L2E 6S8 (905) 357-5911 email: hoakes@cliftonhill.com Memo To: Bill Matson billmatson@niagarafalls.ca City of Niagara Falls From: Harry Oakes Date: June 19, 2020 Re: 2020 Budget Please find attached our 2020 budget request for city council consideration. 2020 Budget TODS Highway Signage $10,000 Streetscape Maintenance 10,000 Accounting & Contingency 15,000 Streetscape Replacement Signs 30,000 Banner Pole Painting 25,000 Street Furniture Painting 10,000 New Banners & Brackets 10,000 2020 Budget Total $110,000 2019 Funds Carried Forward $(40,000) 2020 Tax Levy Request $ 70,000 Page 351 of 398 Dear Sir/Madam I respectfully suggest that the Chestnut Oak Tree located on the boulevard at 2999 Dorchester Rd. Niagara Falls, Ontario (Mary Ward School) be designated for protection as a "Significant Community Tree" and that a stand-alone (not attached to the tree, which would damage the tree) plaque be mounted on a post, to tell people how special it is Definition: THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 30-2008 1.31 “Significant Community Tree” means a tree identified and designated by the Council of an Area Municipality as having community significance; Introduction On June 05, 2020 Dan Drennan, RPF/ Forest Conservation Bylaw Officer, Niagara Peninsula Conservation Authority attended the property at 2999 Dorchester Rd. and identified the boulevard tree at risk as a healthy, 100 year old Chestnut Oak with no die-off in its crown. He suggested I apply to have the tree designated as a "Significant Community Tree." The Chestnut Oak has stood sentinel over the neighborhood throughout its construction and watched it grow and expand for a hundred years. It stood at the opening of a 4 room Mary Ward School in 1956 and has borne witness to every addition and expansion of the school and every child that has walked through the school doors. Its life expectancy is 300 to 400 years. To quote an article in Garden Guides of Canada by Jacob J Wright dated 21 September 2017 "Chestnut Oak (Quercus Chestnut montana, synonym Quercus prinus) is an uncommon and threatened plant species of southern Ontario." https://www.gardenguides.com/101927-oak-trees-canada.html "This species of oak is at the extreme northern edge of its habitat." They do not grow in the rest of Canada. (see map at bottom ) Policy Direction Our children are supposed to be taught to respect and save the environment. The "Ontario school policy and program" requires: Environmental education including "an appreciation for the dynamic interactions of: ✦ the positive and negative consequences, both intended and unintended, of the interactions between human-created and natural systems." Nowhere does it say "only when convenient". Website http://www.edu.gov.on.ca/eng/document/policy/os/onschools_2016e.pdf Page 352 of 398 Not only is this tree historically and emotionally significant to the community - as a mature, healthy, long lived tree it is environmentally significant to the community, significant to the health of the local residents and the school population and provides benefits to the infrastructure of the City as they are considered within the Official Plan. PART 3 of the Official plan ENVIRONMENTAL MANAGEMENT- SECTION 1, MUNICIPAL INFRASTRUCTURE, PREAMBLE Page 63 states: "The control of storm water runoff as a result of development shall be effectively managed through acceptable engineering techniques, with particular attention paid to protecting the natural environment" PART 4 of the Official plan ADMINISTRATION AND IMPLEMENTATION - SECTION 14, GENERAL IMPLEMENTATION POLICIES, Page237 states: 14.2 In order to ensure that all possible information is available to the City, the public and agencies involved in reviewing an application under the Planning Act, the prescribed information required under the Planning Act shall be provided along with additional information and/or reports that may be required, as determined through preconsultation, such as, but not limited to, the following: 14.2.10 A tree inventory and tree preservation plan, where an individual significant tree or any group of trees, including a woodland as defined by the Region’s Tree and Forest Conservation By-law, may be impacted by a proposed development. 14.2.11 The impact of the proposed development on the quality and quantity of ground and surface water and the watershed and, if required, the identification of methods of protection, including a storm water management plan. Environmental Services and Public Health Benefits of Preservation The boulevard tree is thriving under difficult conditions, since it is surrounded by pavement and right next to the street. The roots are obtaining nutrients and water from the front lawn of the school and likely will have traveled under the driveway to the green space on the other side. The school planted three more trees in the front yard, which also are thriving. I believe that one is a memorial Maple Tree which has grown healthy and beautiful. It was planted for a deceased student. I wonder how that Child's parents will feel if it is torn down and the space paved over. At least one of the other 2 trees was planted by the students in an earth day/arbor day ceremony. Therefore, it is crucial to keep this front yard green space. In addition, the oak tree: May have value from the perspective of being uniquely adapted to live in our particular micro - climate. Has been confirmed by the Forester to be healthy with no die-back to suggest disease. Page 353 of 398 Provides much needed shade and other ecosystem services on Dorchester Road, which desperately needs them due to the nitrogen dioxide, carbon-monoxide, particulates and other breakdown products from vehicle exhaust and use, on this busy main thoroughfare. By cutting the trees and expanding the parking lot, the school will: Add to the water that already sits above ground pooling over the sidewalk and driveway after every rain / snow melt. I verify that my, and the 3 back yards which touch it, all located across from the school, flood in spring with the rain and snow melt. When I moved into my home in 1988 my yard did not flood. Increase the heat island effect (pavement traps and re-radiates heat). Use more energy to air condition the school (or turn it into a hotter oven if the classrooms aren't air conditioned). Ontario Schools have a green energy mandate. Contribute to excess stormwater runoff. (At the moment, the lawn and the tree trap stormwater, and release it slowly into the storm water (sewer) system. The school will be helping to keep the system from being overwhelmed if it keeps or adds to the green space, and keeps and adds more trees.) Have a negative impact on the health of the students and staff due to loss of particulate- and gas-trapping greenery. Since 1988 the School has been built up and its parking lots expanded. Many trees in the area have died over the years, due to extreme weather, opportunistic disease and construction projects. These factors all significantly increase potential for localised overland flooding, which removal of another 4 trees particularly the mature Chestnut Oak will exacerbate. https://www.fs.fed.us/psw/publications/mcpherson/psw_2016_mcpherson001_livesley.pdf Many environmental or “biogeochemical” challenges exist within the urban landscape. Some key challenges revolve around the management of: • urban catchment hydrology and stormwater runoff, (trees and green spaces help prevent flooding. This is particularly important now that storms have become so wild.) • chemical and particulate pollution of urban air, soil and water, (trees capture and control particulate pollution from vehicles. (This is badly needed on Dorchester.) • carbon sequestration, and • the urban heat island and enhanced summer heat waves. These environmental challenges can adversely affect human health and well-being and can be costly to mitigate. Niagara Falls should be retaining its large trees and planting many more. The World Health Organisation funded a study on green spaces and lifespan. The conclusion was: Interventions to increase and manage green spaces should therefore be considered as a strategic public health intervention. Page 354 of 398 The school should be maximizing its green space to protect the health of the children. Here is a link to a synopsis of a study done in Toronto by a major U.S. University, that discusses the positive effects on health of increasing access to green space and trees. https://www.ontariohealthstudy.ca/the-ontario- health-study-newsletter-november-2015/ Trees provide us with shade and help to clean the air, but new research shows they may also be helping us out in other ways. Using data from the Ontario Health Study (OHS) and City of Toronto forestry records, researchers at the University of Chicago have shown the positive effect that living near trees can have on our health. The study is one of the first to use data from the OHS, and shows the power of this data for researchers studying how to help prevent chronic disease in our communities. The study found that people who live in neighbourhoods with a higher density of trees on their streets reported having a better perception of their health and significantly fewer cardio-metabolic conditions such as high cholesterol, heart disease, stroke and diabetes. The researchers also discovered that “having 10 more trees in a city block, on average, improves health perception in ways comparable to an increase in annual personal income of $10,000 and moving to a neighbourhood with $10,000 higher median income or being seven years younger.” Dr. Mark Berman, the author of this study has since published a significant amount more on this subject. Intervention Required THIS TREE IS IN IMMEDIATE DANGER. On May 15 2020 I received notice that the Niagara District Catholic School Board has applied for a variance to widen the north end school driveway and more than double the size of their 12 space front parking lot at Mary Ward School located at 2999 Dorchester Rd. Niagara Falls. The plan includes removing the Chestnut Oak Boulevard tree. According to information the contractor presented at the Committee of Adjustment meeting on 26 May 2020, the school has a total of 52 educational and support staff and the additional 3 parking spaces are for staff purposes. At present the School's north, south and front/east, parking areas house 32 regular parking spots and 4 disabled spots leaving 20 staff members without school parking. The 121.2% increase in paved front surface is designed (according to the site plans) to provide only 3 additional parking spaces overall. 17 Staff members will still be without parking spaces. The contractor did not present a needs study as per 14.2.2 of the official plan. The school has a licence with the city to use the LB Pearson Park parking lot that is connected to the south end of the school for a kiss and ride student drop off program. This lot has 29 spaces plus 2 for people with disabilities. The lot is closer to the main school entrance than the other lots and sits 80% to 90% empty throughout the school day. The School Board's Application to the Committee of Adjustment for a variance to the bylaws in order to accommodate the parking lot extension, has been deferred. This is to determine if the School's licence Page 355 of 398 agreement with the city to use the LB Pearson Park parking lot for a kiss and ride program, can be used to accommodate the school for staff parking. If the licence does not, a simple amendment to the licence would accommodate the school's staff parking considerations without jeopardising the Chestnut Oak tree. Making this amendment is consistent with City Policy and the strategic priorities, which state that the city is committed to: "explore innovative solutions";" strive for environmental sustainability and stewardship to safeguard future generations"; refine and update policies"; explore partnership opportunities with public and private organizations"; "Strengthen tree protection through species diversification and enhance our tree canopy. "; "Formalize a program to expand the city’s tree canopy over 10 years to assist with climate change and beautification objectives"; "Minimize our impact on the environment and contribute to reversing climate change"; and, " Ensure new development, redevelopment and intensification preserve and contribute to quality green space This amendment if needed would provide the necessary time to have the tree designated as a "Significant Community Tree" to protect it. Review Variance Application: Calculation and Fiscal Viability Calculation: The Council would be acting in accordance with Policy and the Official Plan in this matter by having the Planning Division further investigate the Variance application made by the Niagara District Catholic School board File A2020-005: The notification letter states: "The applicant is proposing to reconfigure the existing driveway and extend the parking area to provide for additional parking spaces. Where not more than 33% of the front yard can be used for parking areas and driveways, the applicant is proposing to use 73% of the front yard for a parking area and driveway. A variance of 40% is requested." Variances are not additive. The variance is to the standard set out in the bylaw. In this case, the total area requested for the parking lot is more than twice (121.2%) as large as what is allowed. Considered another way, a school that currently has 1/3 of its frontage paved, is asking to pave all but a remnant quarter. This is not minor. PART 4 ADMINISTRATION AND IMPLEMENTATION, SECTION 9, MINOR VARIANCE AND RELATED APPROVALS, POLICIES Page 225 9.2 Relief from current standards of development as set out in the Zoning By-law shall be minor in nature and be based on the merits of each application having regard to the policy directions established in the Official Plan, the intent of the Zoning By-law and the appropriateness of the proposed development or use of the land. Notwithstanding this policy, the Committee of Adjustment shall not consider variances to conditions of zoning by-law approval. Fiscal Viability: Page 356 of 398 The estimated cost of the proposed parking lot suggested at a committee of adjustment meeting 26 May 2020 is $150,000.00 to $175,000.00 for the 3 spaces or $50,000.00 to $58,333.33 per space. Even though this project would be publicly funded through our tax dollars, the contractor did not provide any cost information for the site plan and did not correct or refute the suggested estimate. With Municipal Deficit spending being entertained as a solution to the devastating financial situation resulting from the Covid 19 pandemic, I believe the following Official plan and strategic priorities excerpts are relevant to Variance application File A2020-005 and should be considered in decisions to protect the Chestnut Oak Tree. PART 4 of the Official plan, ADMINISTRATION AND IMPLEMENTATION, SECTION 13, FINANCIAL CONSIDERATIONS, POLICIES, Page 235 states 13.2 The implementation of this Plan shall be such that the Municipal tax base will be protected and sufficient funds will be available to maintain and enhance the levels of public works. As a result, further developments may be analysed for their financial impact. Where such an analysis demonstrates that the development will have an adverse effect on the City's financial situation, then the development will be considered to be contrary to the intent of this Plan. The city policy and the strategic priorities commit to: "Ensure fiscal accountability and fact based decision-making; Inform residents about how tax dollars are being spent through increased transparency in government spending, budgets and decision making; and, Sustain long-term fiscal health and administrative effectiveness through responsible financial stewardship and robust internal administrative structures and processes ." Conclusion I am 100 % behind education and 0% behind unnecessary destruction of green space and this rare tree, at an exorbitant cost paid for from our tax dollars, to add a few parking spaces at Mary Ward School. The school should be using the tree to educate students and the general public, not only about its rarity, but also about the major impact that mature trees have on mitigating the effects of climate change. Building this parking lot will obliterate the school's existing front lawn, the 3 trees planted on it for the benefit of the students, and destroy the irreplaceable, magnificent Chestnut Oak on the boulevard. I respectfully submit that the costs of removing this tree - educational, historical, environmental, to health, emotional, fiscal - vs. the perceived benefit (a few more parking spaces), are too high. Due to the urgency of this matter, I would appreciate speedy feedback. I will be pleased to participate with Council and Staff Member(s) who can expedite the work to protect the Chestnut Oak Tree and the green space that allows it to thrive. Page 357 of 398 Thank you Linda Niagara Falls, Ontario email: https://en.wikipedia.org/wiki/Quercus_montana Range of Chestnut Oak Page 358 of 398 1 Heather Ruzylo Subject:Application re: Significant Community Tree From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Tuesday, June 16, 2020 11:49 AM To: 'Linda Pearl' < >; CouncilMembers <councilmembers@niagarafalls.ca>; Alex Herlovitch <aherlovitch@niagarafalls.ca>; Kathy Moldenhauer <kmoldenhauer@niagarafalls.ca>; Erik Nickel <enickel@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Charlie Smith <csmith@niagarafalls.ca>; Natasha Vuckovic <nvuckovic@niagarafalls.ca>; Jeff Guarasci <jguarasci@niagarafalls.ca> Subject: RE: Application re: Significant Community Tree Dear Linda: Thank you for your email and for our chat about your request to Council here. As promised, I’m keying in some staff in various departments for their input, including Planning, Recreation & Culture and Municipal Works. As you mention this is within Council’s jurisdiction to make this designation, I’m connecting in Bill Matson our City Clerk as well so he may ensure that this comes before Council officially at an upcoming meeting. Many thanks for your thorough information here and for inquiring about the process. I trust that appropriate staff will be in touch shortly to share next steps. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Linda Pearl < Sent: Tuesday, June 16, 2020 8:35 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: Application re: Significant Community Tree Dear Sir/Madam I respectfully suggest that the Chestnut Oak Tree located on the boulevard at 2999 Dorchester Rd. Niagara Falls, Ontario (Mary Ward School) be designated for protection as a "Significant Community Tree" and that a stand-alone (not attached to the tree, which would damage the tree) plaque be mounted on a post, to tell people how special it is I respectfully submit that the costs of removing this tree - educational, historical, environmental, to health, emotional, fiscal - vs. the perceived benefit (a few more parking spaces), are too high. Due to the urgency of this matter, I would appreciate speedy feedback. I will be pleased to participate with Council and Staff Member(s) who can expedite the work to protect the Chestnut Oak Tree and the green space that allows it to thrive. Page 359 of 398 2 Please see attachment. Sincerely Linda Niagara Falls, Ont. email: Copy to Niagara District Catholic School Board Sent from Mail for Windows 10 Page 360 of 398 Downtown Board of Management Queen Street BIA 4608 Queen Street Niagara Falls, ON L2E 2L6 905-356-5444 queenstreetniagarafalls.ca e-mail: info@queenstreetnigara.com _____________________________________________________________________________________ June 15, 2020 City of Niagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Attention: Serge Felicetti and Ken Todd Dear Serge and Ken: Re: Proposal for Niagara’s First-Ever Street Promenade on the Q The Downtown Board of Management, Queen Street BIA would like to submit this letter as our letter of support for the proposed Queen Street Promenade. The initial Promenade which will allow restaurants to expand their patios. This will initially include two blocks on Queen Street from Buckley Avenue to St. Lawrence Avenue and St. Lawrence to Crysler Avenue. Other blocks may be added later if there is interest and support to expand it further. As has been discussed the side streets will remain open. We would greatly appreciate your support in this matter. Sincerely, Ron Charbonneau RC/ah Page 361 of 398 LLBIA Revised 2020 Annual Budget - Approved by LLBIA Board June 18 2019 2020 REVENUE Actual Revised Budget (Year to Date)(June 18) Tax Levy Requisition from City 256,613.00 170,000.00 66% of 2019 Levy Ask Supplemental Taxes and original 2020 Budget Taxes written off by City 3,592.75- 5,000.00- Net Tax Levy 253,020.25 165,000.00 Investment Income 6,820.33 5,000.00 TOTAL REVENUE 259,840.58 170,000.00 Marketing Website - 2,000.00 Branding - Rev- Today 3,052.80 - Rev - Explore / Today Quick Guide (Motel Ed)4,340.06 - Reveal 1,017.60 - NFT Shopping & Dinning Guide 4,070.40 4,100.00 NFT Visitor Guide 4,579.20 4,600.00 Artwork & Production 914.52 2,000.00 Social Media Ads, Adwords 12,662.54 5,000.00 TODS Signage 9,585.81 9,586.00 Website Hosting 451.80 450.00 Website Domains & Maintenance 1,792.59 1,500.00 Event Advertising - Radio, Online, Print - Media Library / Videos - 2,000.00 NFT Website Link 8,140.81 8,145.00 Mobi Maps 2,533.82 - CTM Maps 2,238.72 - Billboard Campaign 21,705.42 15,000.00 Contingency 3,500.00 Total Marketing 77,086.09 57,881.00 Page 362 of 398 Events 2019 2020 Actual Budget Scotia Bank Sponsorship 2020 3,000.00 3,000.00 New Years Eve 7,632.01 - WFOL 15,299.63 10,000.00 Santa Claus Parade 2,500.00 - Restaurant Week + Event Sponsorship 6,355.89 10,000.00 Falls Illumination Fund ($6K/YR for 5 YR)2020 6,360.00 6,097.00 Total Events 41,147.53 29,097.00 Memberships & Conferences 2019 2020 Actual Budget OBIAA 455.28 510.00 OBIAA Convention + Professional Development 1,772.31 - FEO - - FEO Convention - - - Total Membership & Conferences 2,227.59 510.00 Beautification Banners & Brackets - 9,285.61 - Hanging Baskets & Planters 32,353.30 32,500.00 Repairs to Banner & Basket Arms - Street Landscaping / Maintenance - Street - Benches / Waste Recepticles 4,600.00 WFOL Decorations / Supplies - - Member Incentive for WFOL - Total Beautification:41,638.91 37,100.00 Page 363 of 398 Administration 2019 2020 Actual Budget Project Administrator 31,838.00 32,500.00 Project Administrator - Expenses 579.97 1,000.00 Digital Marketing & Website Coordinator 14,653.44 - Social Media Coordinator - Audit Expense 3,968.64 4,000.00 Bank Charges & Interest 92.35 140.00 Book Keeping 3,048.41 3,050.00 Insurance - Director's Liability $5M 2,766.96 2,900.00 Legal Fees 500.00 Mail Box 171.97 172.00 Meeting Expenses 81.40 150.00 Member Communications 250.00 Misc Expenses (Contribution to Amalgamation Study)6,360.01 - Printing & Postage Office Expense 692.65 750.00 Total Administration 64,253.80 45,412.00 Total Operational Expense 226,353.92 170,000.00 NET OPERATIONAL INCOME 33,486.66 - Nil Page 364 of 398 May 28, 2020 Will Bouma, MPP 96 Nelson Street Suite 101 Brantford, ON N3T 2X1 Sent via email will.bouma@pc.ola.org Phil McColeman, MP 108 St. George Street Suite 3 Brantford, ON N3R 1V6 Sent via email phil.mccoleman@parl.gc.ca Re: Essential Workers Day – March 17 Please be advised that Brantford City Council at its meeting held May 26, 2020 adopted the following: 10.1 Essential Workers Day – Councillor Wall WHEREAS the Province of Ontario enacted a Declaration of Emergency on March 17th, 2020 in response to the COVID-19 Worldwide Pandemic; and WHEREAS during the state of emergency certain services have been deemed essential services by the Government of Ontario; and WHEREAS citizens are asked to isolate at home to reduce the spread of COVID-19 as essential workers continue to work and provide an essential service to their community; and WHEREAS essential workers across the country are risking their lives; and WHEREAS some essential workers have been stricken with illness, suffered trauma or injury, or lost their lives as a result of providing an essential service; and WHEREAS without this dedicated workforce, essential services, including but not limited to, healthcare, police, fire, paramedics, military, social services, community services, food distribution, agriculture, postal and delivery services, education, security, transit, financial services, hospitality, commerce, manufacturing, construction, maintenance and repair, waste management, sanitation services, government, and administrative services would fail to function; and Page 365 of 398 2 WHEREAS our community owes a profound debt of gratitude to every single essential worker who ensured our community could continue to operate; NOW THEREFORE, the Municipal Council of The Corporation of the City of Brantford HEREBY RESOLVES as follows: A. THAT March 17 BE PROCLAIMED by the Council for The Corporation of the City of Brantford to be Essential Workers Day in the City of Brantford; and B. THAT the Clerk BE DIRECTED to provide a copy of this resolution, with a covering letter, to MPP Will Bouma and MP Phil McColeman to respectfully request that the Government of Ontario and the Government of Canada formally declare March 17 to be Essential Workers Day to honour all of the essential workers who sacrificed so much during the COVID-19 pandemic; and C. THAT all municipalities across Ontario and Canada BE INVITED to proclaim March 17 to be Essential Workers Day in their respective municipalities, and that a copy of this resolution be provided to AMO, LUMCO, FCM, and ROMA for that purpose. Tanya Daniels City Clerk tdaniels@brantford.ca cc All Ontario municipalities Association of Municipalities of Ontario (AMO) Large Urban Mayor’s Caucus of Ontario (LUMCO) Federation of Canadian Municipalities Rural Ontario Municipal Association (ROMA) Page 366 of 398 1 Heather Ruzylo To:Carey Campbell Subject:25th anniversary of the genocide in Srebrenica Subject: RE: 25th anniversary of the genocide in Srebrenica Dear Professor Ramic: Thank you for your email to Mayor Diodati. He has asked that I connect you with staff in the Clerk’s Department to bring your request forward to City Council. Thank you again for your advocacy efforts and for reaching out. Best regards, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Emir Ramic <r> Sent: Wednesday, June 3, 2020 9:01 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: 25th anniversary of the genocide in Srebrenica Juni 03. 2020. Hon. Mayor Jim Diodati Subject: 25th anniversary of the genocide in Srebrenica Dear Jim Diodati The 11th of July marks a special day for the Bosnian people who live in Canada. It is the 25th anniversary of the genocide in Srebrenica, Bosnia and Herzegovina. The Bosnian Canadian Community and, especially, the survivors of the Srebrenica genocide who reside in Canada would be so thankful if you could issue a statement commemorating the 25th anniversary of the genocide in Srebrenica. Once again, thank you for everything you do for the Bosnian community in Canada. We are all so very grateful to have your support and recognition. This year's commemoration begins on Friday, July 10th. So I kindly ask and would be thankful if it Page 367 of 398 2 could be done by that date. Explanation: 1. In 1995, more than 8,000 Bosnian Muslims were murdered in Srebrenica by the army, paramilitaries and police forces of the Republic of Srpska. The International Criminal Tribunal for the former Yugoslavia. and the International Court of Justice have ruled that this massacre was an act of genocide and is highlighted at the Canadian Museum of Human Rights. 2. In 2015, the House of Commons passed unanimously a historic motion to recognize the month of April as Genocide Remembrance, Condemnation and Prevention Month and named the ones recognized by Canada’s House of Commons, including the Srebrenica Genocide. 3. In 2010, the House of Commons unanimously passed Brian Masse's motion M-416, which recognized the genocide and established Srebrenica Genocide Remembrance Day in Canada. 4. A monument recognizing the genocide has been dedicated in Jackson Park in Windsor, Ontario. 5. In 2019, Members of the Canadian Parliament tabled Petition e-1837, calling upon the Canadian government to enact legislation that would prohibit Srebrenica Genocide denial in Canada. 6. In some Canadian schools and colleges, students are studying the genocide in Srebrenica. Sincerely yours, On behalf of the Bosnian community in Canada Professor dr. Emir Ramic Page 368 of 398 1 Heather Ruzylo To:Bill Matson Subject:RE: International Yoga Day Proclamation.pdf From: Permod Goyal <fallsview@me.com> Sent: Wednesday, June 3, 2020 2:49 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: International Yoga Day Proclamation.pdf Hi Jim, Missed your call the other day. I need a favour if you can send a letter like Mayor of Milton. This is in reference to International Yoga Day Jun.21 celebrated every year as declaration by UN. We normally perform at NPC property but this year as you know Due to COVID-19 can’t do it. Please get a letter drafted and sent to me or Consulate of India in Toronto. It will be nice if we can have acknowledged in the Council before Jun.21. Thanks , Permod Goyal Sent from my iPhone Page 369 of 398 ._::m_mo: 0.?.002:x...=_: :22_<_><ox_m_u_»oor>_<_>:oz 3.22on_s__.._.oz_:.m_.:m:o:m_<o@m_um< ._mo_<_m:<9.8. _<___8PO:.m_._o omzmam54mum<<:mmm>m3Umomwzcm?No.3.Emcaaa2308®m:mB_ mom?mammw>wmm3c_<::m:_3o:m_<mcu8<mq.E:mm\_wmEm_:$3m:o:m__um<mmx8m.3m.%muo?<omm._:aw$mo_:=o:_EmCZmanzmm?maEm.«Samu8<Emmm :o__m:omcu?omoj8:mm_._..mam<<m__Um_:@<<:_o:<<o:_Q:m_Umo_.__m<m _o:©-$_.3Qm<m_oc3m3o§mo=<m2©_ocm_:mm::.:mo_<oom.8a+9 989noocm?zoz::.O:©:Emmxosmzcm9.Umm»Emozommm_3mam: _uc:n::m8:2_:&<Ecm_Emmgmm$552mxommmmm2m___%%_ <<<<<<.3__8:.nm >20<<:mmm>m_3m_.:m:o:m_<om_mUm<-025%_mmOmzmams zoiovvwo?o?mammzosmm.Bv__w:ma.3N088o?mawmEm Omzmgmzom_m_oB:o:w2=6caagZmzozmmuu8<mQ_:63m:o:m_ Um<2<o@m. >ZU<<:mmm>m3oozmozmzom2::OmsmqmumGo;2:32.:6 , _<oo:mm32.38go<m#m=Emom_m§m:o:m8Qmm?m2032 Nmém?msmmm9.m_83m:<mmnv?omozmm8:mm::om?mmammQ<oom.8,qo?mm:_:.3m3v:mm_m.3:35.3.63.3Bmsmmim_=:mmm8 ,mzmczzm<<m__:mmm. >20<<_._mmm>mm:m3m.mm_oU3mo:mm8:mm::88_:o_cam »mo::3:mm2%mm<omm.<o@mooorimmm33¢Emommmosm9. :6Bow”mn.mo:<mmagcon:_m_.&mo_U__:m.magEm_<_uO_mmo: om_m§m:o:o3:¢_:.m3m"_o:m_<omm03<<___385m:92 cm©.::_:©.2EomamasoEmmoom?msomo?vaom.3Omsmam. ZO<<:._mmmmoxm« _ _<_m<o«OoaosXSRNo?=6._.o<<:2_<=_8:. go:m_.mU<c8o_m_3.E:mMA.mo:mm=:._m~.:m=.o:m.<ommUmk3 5m._.O<<3R_<___8:magmsooca?mmauve:2Eaomz?maz. _<_m<owOoaos_A_.m=.:N ._.o<<:o?_<___8: =Z:_.o:,.23983933.20:510.Io3m3mamama:Page 370 of 398 FOR IMMEDIATE RELEASE MEDIA RELEASE June 17, 2020 Niagara Falls Canada Day VIRTUAL Celebrations NIAGARA FALLS, ON - The City of Niagara Falls will host a brand new Virtual Canada Day Celebration this year on Wednesday, July 1, 2020. This new virtual celebration will include a special production at 9:00 am and 6:00 pm on the City’s website (niagarafalls.ca/canadaday), YourTV (Ch. 10 & 70), and on the City’s Facebook page. We have great entertainment with a special performance to celebrate the 40th Anniversary of the Canadian National Anthem, a dedication to our Greater Niagara General Hospital front line workers, former City Historian Sherman Zavitz, the Niagara 2021 Canada Summer Games Shelly the Turtle Mascot, Buskers, past Canada Day Celebrations, and incredible Niagara Falls talent. In addition, this year's event includes the 1K and 5K VIRTUAL Run for St. John Ambulance, and all City swimming pools will open on July 1! Visit www.niagarafalls.ca/canadaday. 5K VIRTUAL Run or Walk for St. John Ambulance From June 27 to July 1, www.runforSJA.ca Register online by June 19th to receive a t-shirt. Registration is open until July 1st. Registration includes a race bib and medal for all participants. Kids can also participate for FREE in the 1km Fun Run! Niagara Falls Canada Day Virtual Celebration 9 a.m. and 6 p.m., www.niagarafalls.ca/canadaday Join us online on our website, Facebook Page, or on YourTV (Ch. 10 & 700). Our new online virtual celebration production includes buskers, a magician, community leaders, musical performances by Honeymoon Suite, LMT Connection, and a SURPRISE musical guest for everyone to enjoy. Page 371 of 398 -2- The Great Canadian #NFCanadaDay Contest – Everyone Wins! July 1, 2020 from 12:01 a.m. to 11:59 p.m., www.niagarafalls.ca/canadaday We want to see YOU on Canada Day! Show off your Canadian Pride! Share your photos or videos on social media and sign up online for a chance to win! Use the hashtag #nfcanadaday and tag us on social media!, and sign up online! Prizes include iPads, BBQs, Bicycles, plus gift certificates for Grocery Stores, local restaurants, Murphy’s Music, & more! Full details available online. Canada Day, the Niagara Way! 11 a.m. www.niagarafalls.ca/canadaday For the first time ever, join the 12 municipalities of Niagara, the Niagara Parks Commission, and the Niagara Region for online activities and festivities for Canada Day! Celebrate with performances by Niagara artists Tim Hicks, Avenue Inn, Great Lake Swimmers, Spencer Burton, and Juliet Dunn. FREE Canada Day Word Search and Colouring Pages available online for download. Virtual Canada Day Celebrations with the Government of Canada 1 p.m. and 8 p.m. www.canada.ca/canada-day Online Federal productions will take place from 1-2 p.m. and from 8-10 p.m. Share how you and your loved ones are celebrating using #CanadaDay! FREE Celebration Kits available online for download! Special thanks to the Canadian Federal Government – Canadian Heritage for their generous financial contribution. In addition, we would like to thank Ontario Power Generation and Niagara Helicopters for their sponsorship, and thank you to the Niagara Parks Commission for their contribution. Finally, a big shout out to everyone else involved - our partners, host, performers, planning team, and volunteers. We wish everyone a safe and Happy Canada Day! For more information, contact: Lori Albanese City of Niagara Falls, Recreation & Culture Department 905-356-7521 ext. 3332 lalbanese@niagarafalls.ca Page 372 of 398 June 19, 2020 Mayor Jim Diodati & members of City Council 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Dear Mayor Jim and Members of Council: I sincerely hope you and your families are safe and healthy during this unnerving time. As June come to an end, we understand so does the deferral period for property taxes that was passed by council. We greatly appreciate the support you give us and all the work that has been happening to help all of us in the city struggle through this unprecedented crisis. As you are so aware our tourism industry in Niagara Falls has been decimated by Covid-19 on so many levels. The various sources of funding are often not able to be accessed by our businesses and if they are it is a very minimal amount. We are very grateful and excited to finally being able to open in Phase 2 which will provide some of our members with much needed guests and sales. Of course, the limited openings and extremely reduced capacity will not allow businesses to thrive, but merely, hopefully stay afloat. We ask at this time for Council to extend the property tax deferral for a minimum of 3 more months and we wish to work with you in advocating to the Province the need and support for funding that would allow the city to give property tax forgiveness for 2020. Sincerely, Sue Mingle Executive Director Fallsview BIA Page 373 of 398 June 21, 2020 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: Crippling Impact of Covid-19 on Business & Residents Three months ago, The Lundy’s Lane BIA wrote to Council regarding the initial crippling impact of Covid-19 on the Tourism Hospitality Industry. The Lundy’s Lane BIA is grateful for the exceptional leadership that has been provided by the Mayor’s Office, City Council and senior staff during this unprecedented time. Our businesses can not thank you enough for the initial deferral of property taxes and for the spirited advocacy of all levels of government to create or continue various levels of financial assistance. As Niagara was allowed to move on to Stage 2 of reopening this past Friday, one thing that has become very clear… tourism is not a simple on off switch. Even though our patios did relatively well over the past weekend, overnight guest stays were abysmal. Future bookings are virtually nonexistent and there is a growing likelihood that the summer tourism season will be dire. Economic recovery will be much longer than originally anticipated with most of the tourism sector, related businesses and industry suffering substantial loses well beyond this year. The Lundy’s Lane BIA would like to see Council consider the following relief measures: Extend the municipal tax deadline another 120 days for those hospitality-based business hit hard by the economic impact of Covid-19 That Council, and the BIA’s, support the Mayor and senior staff in lobbying all levels of government for more extensive support initiatives to help the industry stay afloat and to provide necessary funding for the Municipality to function and be able to extend property tax deferrals. The only thing that we know for certain is that we are all in this together. The tourism hospitality sector needs the help of Council more than ever, and the City needs the assistance of the sector to help frame the asks of the Provincial and Federal Government. This is a team effort and the LLBIA is here to help in anyway we can to navigate these troubled times. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 374 of 398 Fallsview BIA Levy 2020 Category Item Administration Audit Expense $5,400.00 Bank Charges $150.00 Business Luncheons $200.00 Confer.& meeting Attendance $1,200.00 Hydro $900.00 Insurance Premiums $3,750.00 Office and Miscellaneous $3,000.00 Payroll deductions $2,000.00 Professional Fees $5,000.00 Salary $76,995.00 Streetscaping - Flower baskets $29,500.00 Telephone/Internet $2,100.00 tax chargebacks $100,000.00 WSIB $400.00 sub-Total $230,595.00 Marketing &Association Membership $750.00 Sponsorship Contingency $5,655.00 Illumination Project $0.00 Marketing $0.00 Website-Programming/updates/hosting$2,000.00 New Years Eve $0.00 Winter Festival of Lights $15,000.00 sub-Total $23,405.00 Convention Centre $0.00 HST on full budget $6,000.00 sub-Total $6,000.00 TOTAL LEVY $260,000.00 Page 375 of 398 June 19, 2020 Mayor Diodati and City Council 4310 Queen Street Niagara Falls, ON Dear Mayor Jim and Members of City Council: Attached you will find the 2020 budget for Fallsview BIA. As you can imagine this has been a difficult task. Tourism businesses have been devastated by the effects of Covid -19 as have the city and its residents. Thousands of people are not working and as we are holding that the re-opening of the city will bring many, many to return to work, and to help our businesses and residents alike to prosper once more, we know it will be a long road ahead. Fallsview BIA has always prided itself on our significant contributions to the city, the tourism industry, the community and our success. Our members are dedicated employers, residents and business owners, that are in a dire situation and we need your support and assistance to get on the path to recovery and return to that place of strength for our Community. It is in this spirit that we ask for your help. We are in the 4th year of a 5 year contribution to the illumination project and due to the circumstances we ask that this year 2020 in the amount of $93,000 be forgiven and removed and that next year we make the last & final payment according to the schedule set out by the city at the beginning of this project. Secondly, as you know the Fallsview BIA are the shareholders of the Niagara Civic & Convention Centre, Inc. operating as the Scotiabank Convention Centre. After many internal meetings, discussions with our President and General Manager, Noel Buckley, examinations of various levels of documentation and information, the Fallsview BIA, has come to the following conclusion. The Niagara Convention & Centre due to its exemplary management has accumulated a large reserve of unencumbered funds which do not impede or put at risk the AMEC recommendations on the long-term life cycle costs of the building. Therefore, we are instructing the Convention Centre to draw from its reserves, what it needs to balance its books up to $1 million this year, and we are requesting the city to amend the Fallsview BIA agreement accordingly. We are ready to meet with the city at your convenience to work on these amendments. Thanking you in advance, Sue Mingle and the Fallsview BIA Board Page 376 of 398 1 Heather Ruzylo From:Carey Campbell Sent:Friday, June 19, 2020 3:59 PM To:Bill Matson; Heather Ruzylo Cc:Ken Todd Subject:FW: Air Ambulance Needs Your HELP! Attachments:20200423_135351.jpg; 20200401_145115.jpg; 20200401_144453.jpg Importance:High From: Sean Dowling <Sean.Dowling@latitude2009.com> Sent: Friday, June 12, 2020 1:16 PM To: maureen.wilson@hamilton.ca; jason.farr@hamilton.ca; nrinder.nann@hamilton.ca; sam.merulla@hamilton.ca; chad.collins@hamilton.ca; tom.jackson@hamilton.ca; esther.pauls@hamilton.ca; ward8@hamilton.ca; brad.clark@hamilton.ca; maria.pearson@hamilton.ca; brenda.johnson@hamilton.ca; lloyd.ferguson@hamilton.ca; arlene.vanderbeek@hamilton.ca; terry.whitehead@hamilton.ca; judi.partridge@hamilton.ca; mayor@burlington.ca; Jim Diodati <jdiodati@niagarafalls.ca> Cc: Filomena.Tassi@parl.gc.ca; Green, Matthew - M.P. <Matthew.Green@parl.gc.ca>; david.sweet@parl.gc.ca Subject: Air Ambulance Needs Your HELP! Importance: High Good Morning your Honours and city councillors, As most of you are aware, I work in the aerospace engineering and maintenance department of Latitude Air Ambulance based out of Hamilton, Ontario. The organization consists of approximately 150 employees which are doctors, nurses, engineers, and pilots that live in Hamilton, Ontario and the surrounding region. We provide fixed wing orange air ambulance services in the area, air ambulance across Canada, and we are involved in medical evacuations around the world. We are having difficulties in our shipments of medical supplies being held by US customs which is impeding our ability to effectively serve our community. Recently we purchased an isolation pod for medical evacuations for people who may have a contagion. The isolation pod was purchased from an Israeli company and was to be shipped to our organization using International Priority services. The shipment entered the United States in bond at a Fed Ex’s distribution hub in Memphis, Tennessee. Us Customs and Homeland security is not releasing this equipment bound to Hamilton, Ontario. Due to the current global medical concerns we will be ordering 6 more of the isolation chambers to save members of our community. Page 377 of 398 2 If we are unable to receive medical equipment such as isolation pods that we have ordered, we will not be able to serve our community and air ambulance emergency services will not be able to assist in saving lives. Any assistance you can afford will save lives. Air Ambulance missions are to saved lives. Can you please immediately assist us so that we can carry out that mission? Regards, Sean Dowling Office: (289)426-1362 Cell: (647) 988-7326 Latitude Air Ambulance 9300 Airport Road Unit 520 Mount Hope, Ontario Canada L0R 1W0 Page 378 of 398 Page 379 of 398 Page 380 of 398 Page 381 of 398 Bill Maston City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 June 22, 2020 Dear Council: Re: Centre Street Closure between Ellen Avenue and Clifton Hill Background: Several business owners on Centre Street have raised some concern regarding the pandemic and their business. As we know any restaurant during Phase 2 of the reopening plan can only open if they have an Outdoor Patio. Most businesses in Ontario are using street parking, sidewalks, and other areas attached to the business or in front/behind the businesses as Patio space. Some are expanding their existing Patio’s if possible. The Centre street restaurants do not have this option due to limited space. These businesses, like all of us, are struggling and take-out is not making ends meet. The business owners have suggested they use Centre Street as a temporary aid for them to install patios on the street and sidewalk area. This of course would mean the temporary closure of Centre Street between Clifton Hill and Ellen Avenue. A meeting was requested by some business owners of Centre Street with Serge Felicetti . Serge Felicetti arranged the meeting for Tuesday June 16, 2020 at 2:00pm. The BIA Chairman (Eric Marcon) and the BIA Administrator (Tim Parker) were invited to attend along with City Staff, Engineering, Fire Services, Parking, and Planning were all in attendance at the meeting. After several business owners met, there were lengthy discussions on how this can take place. City officials concluded that one lane of traffic is not an option. The street is too narrow to safely allow pedestrians and vehicle traffic to travel on together. The meeting ended with some owners not wanting to close the street and others wanting a trial run. After a week of several phone calls and discussions from the business owners a letter was drawn up from the BIA and distributed to every member on Centre street requesting their comments on the street closure. The letter instructed its membership to return the correspondence back to the Administrator no later than Monday June 22, 2020 by 12:00pm. The BIA will put all comments together and send the information to the Board of Directors requesting direction. The Board will be rendering its decision by 10:00 am Wednesday June 24,2020. Since there is no date for Phase 3 (the opening of restaurants), businesses on Centre street are left with no business income. Once Phase 3 is announced, then they will only be allowed 50 % capacity. This could take the rest of the tourism season to happen, thus forcing some of these businesses into bankruptcy. Page 382 of 398 Conclusion: In respect of the timing, the VCBIA is asking City Council to approve in principal the street closure with the following conditions. Once the VCBIA Board Of Directors concludes it’s process, the VCBIA can move forward with the request. These three conditions will be part of the closure: 1-The City of Niagara Falls as well as the Region will install signage that will inform vehicle traffic on detour routes to get around. It would also inform tourists that all businesses on Centre Street are open for business. 2-This temporary closure will be re- evaluated once business owners can open their business after Phase 3 commences. 3-That the road be closed 24 hour per day, as re-opening a road in the evening is cost prohibitive and confusing for tourists. Sincerely, Eric Marcon Mr. Eric Marcon Chair, Victoria Centre BIA Page 383 of 398 1 Heather Ruzylo Subject: New LLBIA Board Members for Council Approval From: David Jovanovic <davidjovanovic.llbia@gmail.com> Sent: Monday, June 22, 2020 1:32 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Tish DiBellonia <tishd@americananiagara.com>; Hilary Sitlanis <sitlanis@cogeco.net> Subject: New LLBIA Board Members for Council Approval Hi Bill, The LLBIA Board has the following changes of board directors for Council approval. Remove: Marge Rudy - Canada One Outlets - 7500 Lundy's Lane, NF Lisa Smith - Best Western Cairn Croft - 6400 Lundy's Lane, NF Eric Hitchcock - Oh Canada Eh? - 8585 Lundy's Lane, NF Add: Brad Lonsbury - Canada One Outlets - 7500 Lundy's Lane, NF Paul Cade - Best Western Cairn Croft - 6400 Lundy's Lane, NF Best regards, David Jovanovic Project Administrator Lundy's Lane BIA PO Box 26008, Lundy's RPO Niagara Falls, Ontario L2G 7K2 Tel: 905 401 8247 email: david.jovanovic.llbia@gmail.com Visit us at: www.lundyslane.com Discover us at: www.facebook.com/LundysLaneNiagaraFalls Follow us at: www.twitter.com/LundysLaneNF Engage with us at: www.instagram.com/lundyslaneniagarafalls/ Page 384 of 398 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to regulate a plan of subdivision on the lands (AM- 2019-017). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcel R1C(H)-1122 and Parcel R3(H). 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R1C(H)-1122: (i) the uses permitted in a R1C zone (ii) a private school, until the building existing on the parcel on June 23, 2020 is removed (b) For Parcel R3(H), the uses permitted in a R3 zone 6. The regulations governing the uses permitted in a R1C zone on Parcel R1C(H)- 1122 shall be the regulations specified for an R1C use. 7. The regulations governing the use of a private school on Parcel R1C(H)-1122 shall be as follows: (a) Minimum lot area the whole of Parcel R1C(H)-1122 (b) Minimum lot frontage 20 metres (c) Minimum front yard depth, interior side yard width, rear yard depth the yards existing on June 23, 2020 Page 385 of 398 2 (d) Maximum lot coverage and height of building or structure the building existing on June 23, 2020 (e) Minimum landscaped open space the percentage existing on June 23, 2020 (f) Parking and access required in accordance with Section 4.19.1 of By-Law No. 79-200 8. The regulations governing the permitted uses on Parcel R3(H) shall be the regulations specified for an R3 use. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R1C(H) and numbered 1122, in part, and R3(H), in part, on the plan Schedule 1 attached hereto for any purpose other than a private school, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall submit the necessary archaeological assessments to the Ministry of Heritage, Sport, Tourism and Culture Industries and shall obtain the necessary acknowledgement letter to the satisfaction of the Regional Municipality of Niagara. 10. For the purposes of this by-law a “private school” means a school under the jurisdiction of a private board of trustees or governors that is used primarily for the instruction of students receiving primary or early childhood education. 11. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from I to R1C(H) and numbered 1122, in part, and R3(H), in part. 15. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1122 Refer to By-law No. 2020-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 23rd day of June, 2020. ................................................................... ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\Byam017.docx Page 386 of 398 20.35m2 6 .2 7 m 3 0 .2 7 m 3 0 .6 6 m35.22m45.65m91.22m93.49m1 2 4 .6 2 m 1 6 2 .9 4 m CARLTON AVS T T H O M A SMORE D RDORC HESTER RDD U N N S T HAGAR AVSCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\17\bylaw_AM2019_017.mxd Corbett Land Strategies Inc. 272507001610200 AM-2019-017 ¹ 6/3/2020 Description:PT TWP LT 158 STAMFORD AS IN BB23218 (PARCEL 3);NIAGARA FALLS PIN: 64358-0009 (LT) NTS R3(H)R1C(H)1122 Page 387 of 398 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to permit the use of the lands for 29 townhouse dwelling units (AM-2019-019). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted by the R4 zone, save and except for an apartment dwelling. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 4.5 metres (b) Minimum interior side yard width 3 metres (c) Maximum lot coverage 36% (d) The balance of regulations specified for a R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail . 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet B5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R2 to R4 and numbered 1121. Page 388 of 398 2 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1121 Refer to By-law No. 2020-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 23rd day of June, 2020. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\Byam019.docx Page 389 of 398 60.96m60.96m1 2 6 .0 6m 126.0 6m Westwood StGlavcic D r Kalar RdLynhurst DrAlderbrae CtArmelina CrSCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\19\Zoning_bylaw_AM_2019_19.mxd 2670279 Ontario Inc. 272509000601300272509000601200 AM-2019-019 ¹ 5/29/2020 Description:PT TWP LT 156 STAMFORD, PT 2 59R6484, EXCEPT BB93012, EXCEPT PT 1 59R13548;NIAGARA FALLS PART TWP LOT 156 STAMFORD, PART 1 59R6484; NIAGARA FALLS NTS R4 1121 Page 390 of 398 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lots 36 & 37, Plan 291, to be deemed not to be within a registered plan of subdivision (DB-2020-004). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1890; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 36 & 37, Plan 291, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 23th day of June, 2020. ............................................................... ........................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-004, 5759 McGrail Avenue\Deeming By-law.docx Page 391 of 398 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2020 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: (a) By-law No. 89-2000, as amended, is hereby further amended adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Odell Crescent at Warren Woods Avenue Northbound on Odell Crescent (East Intersection) Longhouse Lane at Warren Woods Avenue Northbound on Longhouse Lane Longhouse Avenue at Odell Crescent Southbound on Longhouse Avenue This By-law shall come into force when the appropriate signs are installed. Passed this twenty-third day of June, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2020 Second Reading: June 23, 2020 Third Reading: June 23, 2020 Page 392 of 398 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2020 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Collins Drive at Toby Crescent (north intersection) Northbound motorists on Collins Drive Collins Drive at Toby Crescent (north intersection) Southbound motorists on Collins Drive Collins Drive at Toby Crescent (north intersection) Westbound motorists on Toby Crescent Collins Drive at Toby Crescent (south intersection) Southbound motorists on Toby Crescent (left turn) Collins Drive at Toby Crescent (south intersection) Southbound motorists on Collins Drive (right turn) Collins Drive at Toby Crescent (south intersection) Northbound motorists on Collins Drive Page 393 of 398 This By-law shall come into force when the appropriate signs are installed. Passed this twenty-third day of June, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2020 Second Reading: June 23, 2020 Third Reading: June 23, 2020 Page 394 of 398 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “B” and that Schedule “B” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council this 23rd day of June, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 395 of 398 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Robert Davis Mike Formica John Grubich Dave Rogers Philip Rudachuk Bart Skiba Brian Sparks Gerald Spencer Heather Stones Salvatore Valeo Dan Wilson Doug Evans Sandro Elia Patrick Vernon In an effort to assist with enforcing emergency orders, a ministerial designation under the Provincial Offences Act was made to authorize the following personnel to enforce the Emergency Management and Civil Protection Act. for Park and Public Facilities Enforcement; Ron Burley Scott Jamieson Troy McConnery Carrie Luciow Jeff Thompson Jason Pirosko for Transit hubs / facilities and for all non-essential travel onboard buses; Chris Russell Wayne Hildebrandt Pankaj Sachdeva Melissa Lea Jerry Latondress Joe Corradi Page 396 of 398 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to amend By-law No. 2020-42, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2020. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: Section 4 (b) is amended by deleting August 31, 2020 and substituting September 30, 2020. Read a first, second and third time; passed, signed and sealed in open Council this 23rd day of June, 2020. ......................................................................... .................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2020 Second Reading: June 23, 2020 Third Reading: June 23, 2020 Page 397 of 398 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of June, 2020. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 23rd day of June 2020 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 23rd day of June, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 398 of 398