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09/15/2020
City of Niagara Falls Agenda City Council Meeting Tuesday, September 15, 2020 @ 4:00 PM Council Chambers/Zoom App 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 1.1. Resolution to go In-Camera (updated) September 15 - Resolution to go In-Camera 13 2. CALL TO ORDER O Canada - Performed by 7 local musical talents (recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 11, 2020 Minutes - City Council - 11 Aug 2020 14 - 35 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. PLANNING MATTERS Page 1 of 489 6.1. PBD-2020-56 (Report added) (Additional comments added) AM-2018-011, Zoning By-law Amendment Application 4210 Lyons Creek Road and Vacant Lands to the West Proposal: 4 Storey, 77 Unit Apartment Building Applicant: Go-To Niagara Falls Chippawa Inc. (Mike Smith) Agents: Jared Marcus and Michael Crough, IBI Group PBD-2020-56, AM-2018-011, 4210 Lyons Creek Road, Zoning By-law Amendment Presentation - AM-011, 4210 Lyon's Creek Rd, 4 Storey, 77 Unit Apt, Council Applicant's Presentation-Mike Crough - Council - 2020-09-15 AM-2018-011 Comments from 2018 Old Proposal (Redacted) AM-2018-011 Comments from 2020 Current Proposal (Redacted) AM-2018-011 Comments from 2020 Original Proposal (Redacted) Additional Comments - AM-2018-11- 2020 Current Proposal (Redacted) 36 - 196 6.2. PBD-2020-54 (Additional comments added) 26CD-11-2020-002 King George Village Plan of Vacant Land Condominium Mears Crescent North of Gunning Drive Applicant: 2560946 Ontario Inc. (Dario D’Agostino) Agent: Peter Lesdow, Architect PBD-2020-54, 26CD-11-2020-002, King George Village, Mears Crescent Presentation - Mears Crescent, Plan of Vacant Land Condo Comments from Residents (Redacted) - 26CD-11-2020-002 Additional comments from residents (redacted) 197 - 231 6.3. PBD-2020-58 AM-2014-001, Zoning By-law Amendment Application 2349 Portage Road 232 - 236 Page 2 of 489 Applicant: Dremetsikas Development Inc. Removal of Holding (H) Symbol PBD-2020-58, AM-2014-001, Removal of a Holding Symbol, 2349 Portage Road, Dremetsikas Development Inc 7. REPORTS 7.1. CAO-2020-03 (Report added) Funding Renewal for Walk-in Mental Health Clinic for Youth in Niagara Falls CAO-2020-03 Pathstone Walk In Mental Health Clinic for Youth Improving Access to Service through Walk-In Clinics- Niagara Falls City Council - Aug 2020 237 - 241 7.2. CAO-2020-04 Diversity and Inclusion Advisory Committee CAO - 2020 -04 - Diversity and Inclusion Advisory Committee 242 - 246 7.3. CD-2020-05 (Report and Letter added) Victoria Centre BIA – Proposed Boundary Expansion CD-2020-05 Victoria BIA Expansion CD-2020-05 Attachment - Map VictoriaBIA CD-2020-05 Attachment - VCBIA Expansion Notice Letter from Victoria Centre BIA 247 - 255 7.4. L-2020-09 Questions respecting Integrity Commissioner Letter of August 7, 2020 Complaint Reference Number IC-182-0220 Mayor Jim Diodati L-2020-09 Questions respecting Integrity Commissioner Letter of Aug. 7, 2020 Complaint Reference No. IC-182-0220 Mayor Jim Diodati 256 - 260 7.5. HR-2020-01 261 - 262 Page 3 of 489 Integrity Complaint Costs to Municipality HR-2020-01 Integrity Complaint Costs to Municipality 7.6. Integrity Commissioner's Final Report - Code of Conduct Complaint (Unfinished business from June 23, 2020) RECOMMENDATION: For Council's Consideration Letter to Bill Matson June 8 2020 - IC-155-0120-1 Final Report - IC-155-0120 - Todd and Ioannoni 263 - 288 7.7. MW-2020-22 Whirlpool Road Multi-Use Pathway, Pedestrian Bridge and Roadway Widening Tender Award - Contract No. 2020-396-16 MW-2020-22 - Whirlpool Road Bridge and Trail Tender Award MW-2020-22 - Attachment 1 - Location Map 289 - 294 7.8. MW-2020-23 ICIP COVID-19 Resilience Stream Project Applications MW-2020-23 ICIP COVID Stream Project Applications MW-2020-23 - Attach 1 - ICIP Program Details web 295 - 301 7.9. PBD-2020-61 (Resolution added) AM-2015-011, Exemption Request to 2-Year Waiting Period for Minor Variance 4552 Portage Road Sleek Developments Plan of Vacant Land Condominium Owner: Sleek Developments Inc. Agent: Jennifer Vida, Upper Canada Consulting PBD-2020-61, AM-2015-011, Two- Year Waiting Period Exemption Request, 4552 Portage Road Resolution 2 AM-2015-011 302 - 307 7.10. PBD-2020-62 308 - 309 Page 4 of 489 Extension Interim Control By-law To Review and Study Cannabis Cultivation, Production & Processing Mark Strasser, resident of Niagara Falls, has requested to speak to the matter and is standing by via Zoom app. PBD-2020-62, Extension Interim Control By-law 7.11. PBD-2020-63 SPC-2009-007 Wellness Suites 5698 Main Street Applicant: Nick Vaccaro Exemption to Plan of Condominium PBD-2020-63, Exemption from Condominium Approval, 5698 Main St 310 - 316 7.12. R&C-2020-12 Canada Summer Games Venue Use Agreement R&C-2020-12-Canada Summer Games Venue Use Agreement R&C-2020-12-Attachment #1-CSG Venue Use Agreement.docx 317 - 342 8. 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-2020-39 Monthly Tax Receivables Report – July F-2020-39- Tax Receivables Monthly Report (July) F-2020-39 Attachment 343 - 346 Page 5 of 489 F-2020-40 Municipal Accounts F-2020-40 Municipal Accounts F-2020-40 Attachment 347 - 363 MW-2020-24 Lundy’s Lane Streetscape Revitalization OPG Parkette MW-2020-24 - Lundy's Lane OPG Parkette MW-2020-24 Attachment1 -MW-2016-46 - FINAL 364 - 389 PBD-2020-55 Street Name Changes Portions of Schisler Road and Old Schisler Road PBD-2020-55, Street Name Change Schisler Rd 390 - 392 PBD-2020-57 Proposed Radio Communication Tower 9536 Thorold Stone Road FONTUR International Inc. on contract with Signum Wireless PBD-2020-57, Proposed Radio Communication Tower, 9536 Thorold Stone Road 393 - 398 PBD-2020-59 GTY-2020-002, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 6471 Kister Road Purileaf Brands Corporation Applicant: Sergey Mokin PBD-2020-59, GTY-2020-002, Gateway CIP MEIP App, 6471 Kister Road, Purileaf (Sergey Mokin) 399 - 404 R&C-2020-13 2020 Arts & Culture Wall of Fame Inductions 405 - 409 Page 6 of 489 R&C-2020-13-2020 Arts & Culture Wall of Fame Inductions R&C-2020-13-2020 Attachment TS-2020-24 - Canadian Drive at Pin Oak Drive Parking and Traffic By-Laws TS-2020-24 Canadian Drive @ Pin Oak Drive - Intersection Control Review 410 - 411 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Request from Greg Frewin - Letter of Support Greg Frewin is requesting an official letter of support from the Niagara Falls City Council. RECOMMENDATION: That Council offer a letter of support to Greg Frewin for the filming of an outdoor event to be used for a future international televised show, “Penn and Teller Fool Us”. Greg Frewin PENN AND TELLER Letter For City Council 412 - 413 9.2. Brock University - Updates for Fall & Community Engagement Strategic Plan Correspondence from Brock University's Government & Community Relations Department including Brock's Community Engagement Strategic Plan is attached. RECOMMENDATION: For the Information of Council. Correspondence from Brock University - Gov't & Community Relations Department Community-Engagement-Strategic-Plan 414 - 436 9.3. 5G Health Concerns Attached is correspondence from Navdeep Bains, Minister of Innovation, Science and Industry in response to the letter from the City Clerk (also attached) regarding the 5G Health concerns. RECOMMENDATION: For the Information of Council. 437 - 440 Page 7 of 489 Response letter from Hon Navdeep Bains - re 5G motion 5G Health Concerns 9.4. Downtown BIA - Additional Members The Downtown BIA is seeking Council's approval to appoint 3 additional members to the Board to fill their current vacancies. RECOMMENDATION: That Council approve the appointments of Starr Bowes, Kim Snyder and Glen Sparks for the remainder of the 2018 - 2022 term. Letter to City - Slate of Officers 441 9.5. Canada US Border Openings - August Follow-up Attached is an email from the Canada Border Services Agency regarding students who must cross the border daily to attend school. RECOMMENDATION: For the Information of Council. CANADA US BORDER OPENINGS - AUGUST FOLLOW-UP Canada US Border Openings - August Followup- LETTER FROM BILL 442 - 444 9.6. City of St. Catharines - Resolution: Niagara Regional Police Service Board Attached is a resolution adopted by the City of St. Catharines regarding the Niagara Regional Police Service Board police reforms. RECOMMENDATION: For the Information of Council. Notification - Niagara Regional Police Service Board 445 - 447 9.7. Town of Innisfil - Resolution regarding Casino Host Municipalities Group Requests Engagement and Assistance The Town of Innisfil sent the attached resolution to Premier Ford, on behalf of the Casino Host Municipalities Group. RECOMMENDATION: For the Information of Council. 2020.09.10 LTR Premier Ford_Resolution from Host Municipalities 448 - 450 Page 8 of 489 9.8. City of Mississauga - Amends noise bylaw to allow call to prayer Attached is a letter from Hindu Forum Canada in response to the amended noise bylaw in the City of Mississauga allowing "broadcasting of the evening call to prayer from Local Mosques and other non- residential buildings regularly used for worship, for the period of Ramadan." RECOMMENDATION: For the Information of Council. Mississauga amends noise bylaw to allow call to prayer 451 - 452 9.9. Town of Prescott: Border Closure Resolution Resolution attached from the Town of Prescott regarding the border closure. RECOMMENDATION: For the Information of Council Resolution - Town of Prescott - Border Closure Resolution 453 - 454 9.10. Surplus Residential Building Lot for Accessible Home Sensity, a registered charity that provides services and supports to people who are deafblind across Ontario would like to look for a single residential lot (made available by the municipality, much like Habitat for Humanity) in an urban setting to build a home using the principles of universal design coupled specifically with modifications for people with low vision. RECOMMENDATION: To refer the matter to staff. Surplus residential building lot for accessible home Alex's response re- Surplus residential building lot for accessibility home Building Lot Request, City of Niagara Falls 455 - 462 9.11. September 2020 - Launch of Community Safety Zone in the City of Niagara Falls The Niagara Region is informing that they have launched one (1) new Community Safety Zone beginning on September 8th, 2020 in the City of Niagara Falls. RECOMMENDATION: For the Information of Council. 463 - 464 Page 9 of 489 Local Councillor Memo - Niagara Falls_CR 9.12. Letter from HCARN (Heavy Construction Association of Regional Niagara) Letter submitted on behalf of HCARN regarding the lack of tendering of municipal infrastructure improvement projects during COVID-19. RECOMMENDATION: For the Information of Council. HCARN Letter- Lack of Tendering During COVID 465 - 466 9.13. Emancipation Day Attached is a resolution adopted by the City of Elliot Lake regarding the Private Members Bill to have August 1st of every year as "Emancipation Day" in Canada. RECOMMENDATION: That Council support the Private Members Bill to have August 1st of every year as "Emancipation Day" in Canada. Res 249-20 Bill M-36- Emancipation Day 467 9.14. Proclamation - Cybersecurity Awareness Month Carlene Blackwood-Brown is requesting support from the City of Niagara Falls by recognizing the month of October as Cybersecurity Awareness Month. RECOMMENDATION: That the City proclaim the month of October as "Cybersecurity Awareness Month." Cyber Security Awareness Month campaign 468 - 469 9.15. Proclamation - Respiratory Therapy Week Request for the City of Niagara Falls to recognize "Respiratory Therapy Week" from October 25 - 31st, 2020. RECOMMENDATION: That the City of Niagara Falls proclaim October 25 - 31st, 2020 as "Respiratory Therapy Week." Proclamation - Respiratory Therapy Week 470 - 471 9.16. Proclamation Request - CN - Rail Safety Week CN is requesting the support from the City of Niagara Falls by recognizing "Rail Safety Week" from September 21 - 27, 2020. CN is 472 - 474 Page 10 of 489 taking steps to protect its employees, communities, customers, vendors and partners, in response to the unprecedented challenges associated with the pandemic. CN continues to reinforce a strong safety culture among its employees and remain committed in all efforts to educate the public on rail safety. RECOMMENDATION: That the City of Niagara Falls recognize "Rail Safety Week" from September 21 - 27, 2020. Proclamation Request - CN - Rail Safety Week Proclamation - Rail Safety Week 2020_Resolution_Municipalities_Canada 10. RATIFICATION OF IN-CAMERA 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-89 - A by-law to authorize the payment of $41,604,112.20 for General Purposes. 08 - Municipal Accounts 200915 475 2020-90 - 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 SEP 15 By-law Enforcement Officers 476 - 477 2020-91 - A by-law to amend By-law No. 2014-075, which amended By- law No. 79-200, to remove the holding symbol (H) on the lands located at the northwest corner of Portage Road and Stanley Avenue, to permit them to be developed (AM-2014-001). AM-2014-001 By-law-HRemoval AM-2014-001 Schedule 1 478 - 479 2020-92 - A by-law to amend By-law No. 79-200, to permit additional lands to be used in conjunction with an existing commercial use and to recognise several existing conditions (AM-2019-027). 480 - 482 Page 11 of 489 AM-2019-027 By-law AM-2019-027 Schedule 1 2020-93 - A by-law to prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. Cannabis By-law 483 - 484 2020-94 - A by-law to exempt the property known as 5698 Main Street, being described as Part Lots 8 & 9 on Plan 653 and Part Lots 1 & 3 on Plan 269 designated as Part 1 on 59R16694, in the City of Niagara Falls, from draft plan of condominium. By-law 5698 Main Street 485 2020-95 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Designated Lanes) Sep 15 - Pin Oak & Canadian 486 - 488 2020-96 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of September, 2020. 09 15 20 Confirming By-law 489 12. NEW BUSINESS 13. ADJOURNMENT Page 12 of 489 The City of Niagara Falls, Ontario Resolution September 15, 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 September 15th, 2020, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) (a) and (k) 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, (f) a proposed or pending acquisition or disposition of land by the municipality or local board; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board; THEREFORE BE IT RESOLVED that on September 15th, 2020 Niagara Falls City Council will go into a closed meeting prior to their scheduled Meeting of Council that is scheduled at 3:00 p.m., to consider matters that fall under 239 (2) (f) of the Municipal Act for a proposed or pending acquisition or disposition of land by the municipality at 5616 Leonard Avenue, 8196 Cummington Square, land within the Montrose Business Park, and a walking path along Erwin Crescent. Council will also consider matters that fall under section 239 (2) (k) of the Municipal Act to discuss a position, plan, procedure, criteria or instruction to be applied to any negotiations involving the property at 5017 Victoria Avenue. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 13 of 489 MINUTES City Council Meeting Tuesday, August 11, 2020 Council Chambers/Zoom App at 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 COUNCIL ABSENT: Councillor Carolynn Ioannoni STAFF PRESENT: Alex Herlovitch, Erik Nickel, Jim Boutilier, Trent Dark, Kathy Moldenhauer, Serge Felicetti, Ed Lustig, Tiffany Clark, Ken Todd, IT Support, Suzanne Anderson (Via Zoom App) Bill Matson, Shawn Oatley (Chambers) 1 IN CAMERA SESSION OF COUNCIL - 12:00 PM a) Resolution to go In-Camera ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council enter into an In-Camera session. Carried Unanimously 2 CALL TO ORDER O Canada - Performed by 7 local musical talents (recorded version) 3 ADOPTION OF MINUTES a) Council Minutes of July 14, 2020 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the minutes of July 14, 2020 be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the Page 1 of 22 Page 14 of 489 City Council August 11, 2020 vote). b) Council Minutes of Special Council Meeting - July 20, 2020 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the minutes of July 20, 2020 be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 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. a) Councillor Lococo indicated a pecuniary interest, cheque number 438739 (dated June 30, 2020 for $7500.00) made payable to the Niagara Falls Art Gallery, where she sits on the board as a resident. b) Mayor Diodati indicated a pecuniary interest to cheque # 438860, refund to himself. c) Councillor Kerrio indicated a pecuniary interest on the in-camera item on the Cultural Hub, he has an interest in a property with on of the people tendering on the sods. d) Councillor Kerrio indicated a pecuniary interest to report TS-2020-22 - Centre Street Closure, as he owns a property on Victoria Avenue. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati welcomed Connor Michael Robert Nicholson, new baby for Peter and Kyra Nicholson. b) Mayor Diodati extended condolences on the passing of Fred Hall, a retired firefighter. c) Mayor Diodati acknowledged Councillor Mike Strange's 50th birthday on August 6th. d) Mayor Diodati extended condolences to the family of Julianne Miszk a friend of the community who was recognized for her achievements in running and she will be dearly missed. Page 2 of 22 Page 15 of 489 City Council August 11, 2020 e) Mayor Diodati recognized the COVID-19 Testing Centre for Tourism employees which is located at the Scotiabank Centre. This Centre supports safety and peace of mind in our tourism sector for employees and their families as well as visitors, while not causing unnecessary back-ups at other testing sites in our City. f) Mayor Diodati recognized Clifton Hill and the closure of the parking lane for additional spacing for pedestrians. g) Mayor Diodati recognized Minister MacLeod's visit and indicated they are closely watching and supporting Niagara Falls. h) Mayor Diodati indicated that the AMO conference will be held virtually which will include virtual delegations. i) Mayor Diodati recognized Councillor Mike Strange for attending the Illumination of the falls with the Egyptian Ambassador. j) The next Council meeting is scheduled for Tuesday September 15th, 2020. 6 APPOINTMENTS/PRESENTATIONS/REPORTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. a) Appointment Request - Incidents of Injustice Niagara Regional Councillor Bob Gale, along with Sherri Darlene, whom represents "Justice4Blacklives" shared their opinions in an effort to educate others. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Lori Lococo that Council receive the presentation from Sherri Darlene for information and refer the "Justice4Blacklives" group to the Anti-racism Committee and to also include an opportunity for Sherri Darlene the use of temporary office space to be arranged with City Staff. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). b) MW-2020-16 Residential Urban Drainage Assistance Policy and Pilot Program Page 3 of 22 Page 16 of 489 City Council August 11, 2020 The report recommends the following: 1. That Council approve of the Residential Urban Drainage Assistance Policy and Pilot Program as outlined in report MW- 2020-16; and further, 2. That Council direct Staff to allocate a maximum of $50,000 from prior operating budget contributions towards implementation of qualifying residential drainage improvement projects to be undertaken in the 2021 calendar year. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 7 PLANNING MATTERS a) Public Meeting PBD-2020-47 AM-2020-003, Zoning By-law Amendment Application 5841-5851 Victoria Avenue (Parcel 1) 5082 Magdalan Street (Parcel 2) Proposal: Two, 10 storey Additions to the Existing Hotel on Parcel 1 With Off-Site Parking on Parcel 2 Applicant: A Varalli & Family Ltd. Agent: Broderick and Partners (Italia Gilberti) and Peter Lesdow The report recommends that Council approve the Zoning By-law amendment application to rezone Parcel 1 a site specific Tourist Commercial (TC) zone to permit the construction of two, 10 storey wings to the existing 10 storey hotel on Parcel 1, and a portion of the required parking to be provided off-site on Parcel 2, subject to the regulations outlined in this report. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve the recommendations in the report and work with the applicant or their agents in the site plan process to address their concerns with • A 1.8 metre high wood screening fence and retaining current grassed areas in a 6 metre wide landscape strip along the west Page 4 of 22 Page 17 of 489 City Council August 11, 2020 lot line abutting residential properties; • A 3 metre wide strip to be reduced to a 1 metre wide strip as shown on the site plan along the south-east lot line, within 30 metres of Magdalen Street. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 8 REPORTS a) CAO-2020-02 Regional Request for Support of “Coalition of Inclusive Municipalities” Initiative The report recommends the following: 1. That Council receive this report and consider supporting the Niagara Region's application to join the Coalition of Inclusive Municipalities in pursuit of the ultimate goal of making Niagara region an inclusive and supportive community for all residents and visitors; 2. That in order for regional municipalities to participate, the Coalition of Inclusive Municipalities has requested that each municipal Council pass a motion of support and participate in a media release and possible media event (as coordinated by Niagara Region with the municipalities) at a date to be determined; 3. That the Mayor sign the Declaration on behalf of the City of Niagara Falls to support the Region joining the Coalition of Inclusive Municipalites. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). b) F-2020-38 COVID-19 Financial Update The report recommends that the report entitled "COVID-19 Financial Page 5 of 22 Page 18 of 489 City Council August 11, 2020 Projections Update" be received for information. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). c) PBD-2020-48 26CD-11-2018-001 Request to Modify Conditions of Draft Plan Approval Badger Condominium, 7712 Badger Road Applicant: 1962855 Ontario Inc. (Lucy Borghesi) The report recommends the following: 1. That Council amend the conditions of Draft Plan Approval to remove the words "a sidewalk to Badger Road and" from Condition 6 and remove Condition 16 in its entirety; and 2. That Council extend draft plan approval until April 24, 2022. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). d) PBD-2020-52 26CD-11-2017-007, Draft Plan of Vacant Land Condominium Request to Remove Condition of Draft Plan Approval 4552 Portage Road Applicant: Sleek Developments Inc. The report recommends the following: 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on today's agenda to deem the changes requested by Sleek Developments Inc. to conditions of approval for the Draft Plan of Vacant Land Condominium at 4552 Portage Road to be minor; and determine that no further notice is required; and 2. That the request to delete Condition 16 from the conditions of Page 6 of 22 Page 19 of 489 City Council August 11, 2020 draft approval for the Plan of Vacant Land Condominium on 4552 Portage Road be approved. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). e) R&C-2020-04 Construction of Cultural Hub Megan Torza, Consultant with dtah, will be available to answer any question that Council may have. The report recommends the following: 1. That Council award the contract to Garritano Brothers Ltd. for the construction of the Culture Hub & Farmers' Market at the tendered price of $11,679.280.00 plus HST. 2. That Council approve an additional budget of $1,200,00.00 bringing the total budget for the Culture Hub project from $14,050,000.00 to $15,250,000.00 with the additional $1,200,000.00 to be funded from debentures. 3. That the Mayor and Clerk be authorized to execute this Agreement. 4. That Council approve the name of Niagara Falls Exchange for the new facility. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). f) TS-2020-22 Centre Street Closure - Update The report recommends that the following report be received for the Page 7 of 22 Page 20 of 489 City Council August 11, 2020 information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council receive for information. Carried Unanimously with Councillor Kerrio declaring a conflict (Councillor Carolynn Ioannoni was absent from the vote). g) MW-2020-21 Fallsview Pedestrian Walkway Extension to Robinson Street The report recommends the following: 1. That Council authorize the expenditure of $250,000 from the Fallsview Parkland Reserves for the construction of the Fallsview pedestrian walkway extension to Robinson Street as outlined in Report MW-2020-21. 2. That Council authorize the extension of current maintenance contracts with Gauboc Construction Ltd. and Lawns and More Inc. order to complete the works. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that the recommendations in the report be approved. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). h) MW-2020-20 Chippawa Sewer Relief Summary The report recommends that Council receive the following report for information containing a summary of efforts and dollars spent to deal with ongoing sanitary sewer servicing issues within the Chippawa Area. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council direct Staff to move forward with a Chippawa Servicing Strategy specifically including gravity drainage to the new (proposed) Wastewater Treatment Plant, eliminating the pumping of sewage across the Welland River, including allowance for future servicing capabilities. And that this resolution be provided to the Page 8 of 22 Page 21 of 489 City Council August 11, 2020 Region for their support and possible inclusion in their ongoing planning and development efforts. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 81. 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. CD-2020-05 Fee Waiver Application Celebrate Our Downtown – Cruising on the Q The report recommends that Council approve the Fee Waiver Application for: 1. Celebrate Our Downtown's annual Cruising on the Q car shows taking place on Queen Street in the amount of $2,700.00 for the road closur e labour and materials costs. F-2020-35 Monthly Tax Receivables Report – June The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2020-37 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $5,526,250.59 for the period June 25, 2020 to July 15, 2020. MW-2020-17 Firemen's Park Tender Award/Update Page 9 of 22 Page 22 of 489 City Council August 11, 2020 The report recommends the following: 1. That contract 2020-487-19 Firemen's Park Amphitheatre Improvements be awarded to the lowest bidder C.R.L Campbell Construction and Drainage LTD. at the tender bid price of $290,049.00 + applicable taxes. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize a 2021 a 2021 pre-budget allocation of $250,000 to be used as additional funding to complete additional Phase 1 Improvements works to Firemen's Park. MW-2020-18 Weinbrenner Road Extension Improvements The report recommends the following: 1. That Staff be directed to complete the Weinbrenner Road Extension Improvements in conjunction with cost sharing with the development of the Legends Phase 3 Vacant Land Condominium. 2. That Council authorize Staff to execute a temporary access agreement and land transfer swap agreement with the Niagara Parks Commission for the proposed extension and turnaround on Weinbrenner Road. 3. That the Mayor and City Clerk be authorized to execute all necessary legal agreements and/or temporary licence documents. MW-2020-19 Neighbourhood Parks Improvements Contract 2020-506-20 Supply and Installation of Playground Equipment Award The report recommends the following: 1. That Council award the Neighbourhood Parks Improvements Contract 2020-506-20 for playground area site improvements to the lowest compliant bidder, Peters Excavating Inc. for $892,626.00 + applicable taxes. 2. That Council direct staff to allocate an additional $120,000 in Capital Special Purpose Reserve funding to the 2020 Playground Improveme nt Program. 3. That the Mayor and Clerk be authorized to execute the necessary documents. PBD-2019-50 Matters Arising from Municipal Heritage Committee 2020 Designated Property Grant Page 10 of 22 Page 23 of 489 City Council August 11, 2020 James Oswald House – Stucco Restoration North Elevation The report recommends that Council approve the proposed alteration and a grant in the amount of $4915.50 to assist with the cost of the restoration of the stucco cladding on north elevation as it will not alter the reasons for designation and assist in the preservation of the building. PBD-2020-51 DOW-2017-005, Request for Extension of Commercial Building and Façade Grant Approval for 4463 Queen Street Applicant: Intellectual Inventive Inc. The report recommends that Council approve an extension of one year for the Commercial Building and Façade Improvement Grant Agreement for Application DOW-2017-005, 4463 Queen Street to August 1, 2021. PBD-2020-53 PLC-2020-002, Request for Removal of Part-Lot Control Block 139 in Plan 59M-417 Shaw Street Applicant: 800460 Ontario Limited The report recommends that Council approve the request and pass the by -law included in today's agenda to designate Block 139, Registered Plan 59M-417 as exempt form part-lot control for a period of one year. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the reports are approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Letter from Minister Steve Clark, Ministry of Municipal Affairs and Housing - Protecting Tenants and Strengthening Community Housing Act, 2020 (Bill 184) RECOMMENDATION: For the Information of Council. Page 11 of 22 Page 24 of 489 City Council August 11, 2020 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). b) Niagara Regional Housing Niagara Regional Housing (NRH) Quarterly Report (April 1 - June 30, 2020) - 2nd Quarter Report. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council receive and file for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). c) Regional Niagara - Various Correspondence RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). d) Niagara Region - Resolution Resolution attached from the Niagara Region regarding the signing of the AMO-Ontario Federation of Indigenous Friendship Centres - Declaration of Mutual Commitment and Friendship with Niagara Region and Friendship Centre Support. RECOMMENDATION: That Council Support the efforts of the Niagara Region. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 12 of 22 Page 25 of 489 City Council August 11, 2020 Councillor Wayne Campbell that Council support the efforts of the Niagara Region. Carried Unanimously e) City of Sault Ste Marie - Resolution: Canadian/United States Border Closure Attached is a resolution adopted by the City of Sault Ste Marie regarding the Canadian/United States Border Closure. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that Staff contact the Federal Government regarding any steps that are being taken by the Canadian Border Services to allow for monitored border crossings, including students that may need to cross the border for the purposes of schooling and if no such steps are in place, that City Council encourage the implementation of a system whereby safe entry and exit to the border can take place. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). f) City of St. Catharines - Resolution Attached is a resolution from St. Cathainres' City Council regarding the City of St. Catharines' endorsement of the joint statement and call to action from AMO, LUMCO and MARCO regarding the call from Ontario Mayors and Chairs requesting emergency financial support. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council receive and file for the information of Council. Page 13 of 22 Page 26 of 489 City Council August 11, 2020 Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). g) Willow Road Issues Resident seeking various documents. RECOMMENDATION: That Council Refer the matter to Staff. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council refer the matter to staff. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). h) Niagara Falls Canada Hotel Association (NFCHA) Letter of appreciation to Mayor and Council sent from Doug Birrell, Executive Director of the Niagara Falls Canada Hotel Association. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). i) Proclamation - National Polycystic Kidney Disease Awareness Day The Polycystic Kidney Disease Foundation (PKD Foundation) is requesting support from the City of Niagara Falls by recognizing Friday, September 4th, 2020 as National Polycystic Kidney Disease (PKD) Awareness Day with a proclamation, flag raising and by lighting up the falls. RECOMMENDATION: That the City proclaim Friday, September 4th, 2020 as "National Polycystic Kidney Disease Awareness Day." ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve the request to recognize September 4th, 2020 as National Polycystic Kidney Disease (PKD) Page 14 of 22 Page 27 of 489 City Council August 11, 2020 Awareness Day and that a flag raising be held on the same day, September 4th, 2020. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). j) Flag-Raising Request - Positive Living Niagara Positive Living Niagara is requesting the City of Niagara Falls to recognize AIDS Awareness Week (November 23 - December 1), World Aids Day (December 1st) and Aboriginal AIDS Awareness Week (December 1 - December 5th). The request is to schedule an official flag-raising ceremony for Monday, November 23rd and to have the flag remain up for the the duration of AIDS Awareness (November 23rd - December 5th). RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that a flag raising be held on Monday, November 23rd and remain up for the duration of AIDS Awareness (November 23 - December 5) to support Positive Living Niagara. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). k) Flag-Raising Request - Independence Day of India Permod Goyal is requesting that the City of Niagara Falls recognize "Independence Day of India" by raising a flag on Saturday, August 15, 2020. RECOMMENDATION: That Council Approve the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange approve the request by holding a flag raising ceremony on Saturday August 15th, 2020 in recognition of Independence Day of India. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). l) Special Occasion Permit - Cafe54 - 3643 Portage Road The cafe is celebrating its 1st Anniversary on August 22nd and would Page 15 of 22 Page 28 of 489 City Council August 11, 2020 like to serve some local beer. RECOMMENDATION: That Council approve the celebration as an "Event of Municipal Significance" in order to assist Cafe54 with obtaining their liquor licence. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the celebration as an "Event of Municipal Significance" in order to assist Café54 with obtaining their liquor licence. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). m) Lundy's Lane BIA - Addition to the Board of Directors The LLBIA is requesting to add Silvia Grattola to the Lundy's Lane Board of Directors for the remainder of the 2018-2022 term. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council appoint Sylvia Grattola to the Lundy's Lane BIA Board of Directors. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). n) Request for a Temporary Extension of Draft Plan Approval - Grottola Court Subdivision City File 26T-11-2016-004 A request for a 6 month temporary extension of Draft Plan Approval is being sought at no charge to allow for additional time to clear the conditions necessary to finalize and register the plan of subdivision that was set to expire on September 20, 2020. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council approve a 6 month temporary extension of Draft Plan Approval at no charge to allow for additional time Page 16 of 22 Page 29 of 489 City Council August 11, 2020 to clear the conditions necessary to finalize and register the plan of subdivision that was set to expire on September 20, 2020. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). o) Niagara Falls Public Library Report Detailing Library Activities during the COVID-19 closures. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that Council receive the information. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). p) Integrity Commissioner's Final Report - Code of Conduct Complaint RECOMMENDATION: For the Information of Council that Council refer the matter to staff for a report on the cost of the code of conduct complaint and that the report address whether the complainant and the identification of the applicant should remain confidential or not as well as guidelines on what can or cannot be released by the integrity commissioner. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 10 RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that direction be given to staff regarding advice that is subject to solicitor-client privilege, as well as that Council authorize staff to offer additional insurance at a cost of $33,500. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the Page 17 of 22 Page 30 of 489 City Council August 11, 2020 vote). BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. A by-law to authorize the payment of $5,526,250.59 for General Purposes. A by-law to amend By-law No. 79-200, to permit the use of the lands and the existing building for a place of worship (AM-2020-004). 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. A by-law to amend By-law No. 79-200, to permit the use the lands for a three storey, 18 unit apartment building. (AM-2020-001). A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 6 storey, 102 unit apartment dwelling (AM-2019-026) and to repeal By- law No. 2018-74. A by-law to amend By-law No. 79-200, to permit the use of the lands for 7 storey, 104 unit apartment dwelling (AM-2019-025). A by-law to amend By-law No. 79-200, to permit the use of the Lands for 4 apartment dwellings containing a total of 60 dwelling units (AM-2019- 024). A by-law to designate Lots 25, 26, 44, 45, 46 and 47, Plan 31 to be deemed not to be within a registered plan of subdivision (DB-2020-005). A by-law to designate Lots 34, 35, 36 and 37, Plan 67 to be deemed not to be within a registered plan of subdivision (DB-2020-006). Page 18 of 22 Page 31 of 489 City Council August 11, 2020 A by-law to designate Block 139, Registered Plan 59M-417, not to be subject to part-lot control (PLC-2020-002). 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, Yield Signs at Intersections). A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of August, 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 (Councillor Carolynn Ioannoni was absent from the vote). 11 NEW BUSINESS a) Support for Canadian Association of Chiefs of Police Call for Drug Decriminalization ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell WHEREAS on July 9, 2020, the Canadian Association of Chiefs of Police (CACP) recommended the decriminalization of personal possession of illicit drugs; and WHEREAS communities like Niagara Falls see a significant impact from drug use, none more so than on the user themselves; and WHEREAS criminalization of drug use has not led to a decrease in drug use, only an increase in the number of individuals in our criminal justice system, and is therefore not a successful harm reduction strategy; and WHEREAS the Canadian Association of Chiefs of Police (CACP) believe that drug consumption is best treated as a public health, rather than criminal, matter; and Page 19 of 22 Page 32 of 489 City Council August 11, 2020 WHEREAS decriminalization should lead to increased funding and access to healthcare, treatment and social services to divert people struggling with substance use or addiction away from the criminal justice system; THEREFORE be it resolved that Niagara Falls City Council endorses the CACP's call for both the decriminalization of personal possession of illicit drugs and also the treatment of drug use as a public health challenge; and BE IT FURTHER RESOLVED that the Mayor send a letter with this endorsement to the Prime Minister of Canada, the Minister of Public Safety and Emergency Preparedness, the Premier of Ontario, the Minister of Health, local MPs and MPPs, the Association of Municipalities of Ontario and the Federation of Canadian Municipalities. The motion was discussed and no vote was taken Councillor Lococo and Councillor Campbell withdrew the motion ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that staff talk to Positive Living and other similar groups to bring back to Council more information on the topic. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). b) July 14. 2020 - Amending Minutes ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Item 7.5 PBD-2020-45 (Request to remove condition of Draft Plan Approval: St. Thomas More Subdivision) on the July 14th, 2020 Minutes be amended by omitting the term 'it' and replacing with 'a requested condition.' Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). c) Cannabis Legislation ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that staff come back with a report on the Page 20 of 22 Page 33 of 489 City Council August 11, 2020 Cannabis Operations in Niagara Falls. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). d) Downtown BIA Appointment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council appoint Councillor Chris Dabrowski and Councillor Wayne Campbell to the Downtown BIA. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). e) Road Side Lawn Sign Program ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that staff purchase more signs for the road side lawn sign program with an expenditure of up to $5000 and that staff report back on further cost options and messaging design options for the signs. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). 12 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 4:20 PM. Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote). Mayor Page 21 of 22 Page 34 of 489 City Council August 11, 2020 City Clerk Page 22 of 22 Page 35 of 489 PBD-2020-56 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-56 AM -2018-011, Zoning By-law Amendment Application 4210 Lyons Creek Road and Vacant Lands to the West Proposal: 4 Storey, 77 Unit Apartment Building Applicant: Go-To Niagara Falls Chippawa Inc. (Mike Smith) Agents: Jared Marcus and Michael Crough, IBI Group RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5B Density (R5B) zone to permit a 4 storey, 77 unit apartment building, subject to the regulations outlined in this report. EXECUTIVE SUMMARY Go-To Niagara Falls Chippawa Inc. originally submitted an Official Plan and Zoning By- law Amendment application to develop a 6 storey, 122 unit apartment building and 9 townhouse dwelling units. The application was later revised to permit 2 – four storey apartment buildings with a total of 135 units. After public consultation this summer, the applicant further revised the proposal with the intent to comply with current Official Plan policies. The revised application seeks a Zoning By-law Amendment application only to request a site specific Residential Apartment 5B Density (R5B) zone to permit the construction of a 4 storey, 77 unit apartment building. The amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies as it intensifies the under-utilized 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 height and density of multiple unit dwellings along arterial roads; Compatibility with adjacent residential development will be achieved with significant building setbacks and generous landscaping; The property is currently zoned for commercial and townhouse development; and The requested R5B 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, confirmation of wet weather servicing, dedication of road widenings, grading, tree preservation, landscaping and screening and appropriate lighting will be addressed. Page 36 of 489 2 PBD-2020-56 September 15, 2020 BACKGROUND Proposal Go-To Niagara Falls Chippawa Inc. originally submitted an Official Plan and Zoning By- law Amendment application for two parcels of land totalling 1.08 hectares (2.6 acres) in area, as shown on Schedule 1. A 6 storey, 122 unit apartment building and 9 townhouse dwelling units where originally proposed on the lands. The application which was later revised to proposed 2 – four storey apartment buildings with a total of 135 units. After public consultation, the applicant revised the proposal with the intent to comply with current Official Plan policies. The specific changes to the application and proposal are as follows: - The application has been revised to request only a Zoning By-law Amendment application; - A single 4 storey, 15 metre high apartment building is proposed on the north end of the lands, without an earlier proposed roof feature (lighthouse); - The number of dwelling units has been reduced from 135 to 77; and - An underground parking garage is no longer proposed and has been replaced with surface parking surrounded by a landscaped buffer. Schedules 2 and 3 show details of the proposed development. The lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4- 324), in part, and Neighbourhood Commercial (NC-397), in part in accordance with Zoning By-law No. 79-200, as amended by By-law No. 1996-56. The applicant is requesting the whole of the lands to be placed under a Residential Apartment 5B Density (R5B) zone with site specific regulations for minimum front yard depth, minimum exterior side yard width, maximum building height and maximum projection of a balcony into a required exterior side yard. Site Conditions and Surrounding Land Uses A small portion of lands have been used for commercial purposes (a refreshment vehicle and a new home sales office), however most of the lands are vacant. A number of trees are located on the property, particularly near the south and west lot lines. The lands are mainly surrounded by detached dwellings to the west, south and south-east. A place of worship is located to the east. The Chippawa Boat ramp and Welland River are located 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: Page 37 of 489 3 PBD-2020-56 September 15, 2020 Regional Municipality of Niagara The proposal complies with Provincial and Regional policies in terms of making more efficient use of vacant land, providing an alternate housing type in the neighbourhood and contributing to the City’s intensification target. Anticipated traffic can be accommodated in the Regional road network. A road widening (approximately 3 metres wide) will be required to be dedicated along a portion of the Sodom Road frontage of the property. There are no concerns with the proposed single access to Sodom Road. Future capacity upgrades to Sodom Road are planned. Currently there is limited wet weather servicing available. A servicing brief, confirming wet weather servicing capacity for the development, will be required at the site plan stage, prior to development of the property. Enhanced landscaping along street frontages and a sidewalk connection from the front of the building to Sodom Road is recommended and will be further determined at the site plan stage. Further review of streetscaping, stormwater management and waste disposal will occur at the site plan stage. Municipal Works No objections to the rezoning. There are potential sanitary sewer system constraints that may impact future development within the Chippawa area. The City and the Region are working on strategies to reduce wet weather flows into the sanitary sewer system. The City and Region will continue to monitor the sewer flows and will require a further servicing report at the site plan stage to confirm capacity. Transportation Services No objections. Access and frontage is onto Regional roads. Sidewalks should be provided along the street frontage when development occurs. Fire Services, Building Services No objections. Review of the plans in context of the Ontario Building Code, including fire protection and access, as well as assessment of development charges, will take pace through the review of the site plan and Ontario Building Code. Parks Design No objections to the rezoning. At site plan stage a tree survey, identifying any trees for retention with the revised proposal, should be provided. Cash in lieu of parkland dedication will be required. Page 38 of 489 4 PBD-2020-56 September 15, 2020 Legal Services No objections. Resident comments A total of 59 submissions have been received from residents to the date of the preparation of this report and are included on tonight’s agenda for consideration. 16 of these submissions were received in 2018 in response to the original proposal (6 and 3 storey buildings). 39 of these submissions are in response to the previously revised proposal (two 4 storey buildings). 4 submissions have been received with respect to the current proposal. The submissions received on the current proposal express concern about a 4 storey building, its compatibility with surrounding development, removal of existing trees, and request fencing and landscaping along abutting properties. Neighbourhood Open House A neighbourhood Open House for the original proposal (6 storey apartment building and townhouses) was held on July 5, 2018 and was attended by the applicant, the agent, three City Council members and approximately 60 neighbouring residents. Residents expressed concerns about the height and density of the development and felt it was out of character with surrounding development. Concern was expressed about adequate sewage capacity for the development and road safety (particularly the Sodom Road/Lyons Creek Road intersection), the potential for sewer overflows affecting existing residents, traffic infiltration on surrounding local roads, particularly nearby Nassau Drive and Welland Street and the ability of Fire Services to fight fires in this building. Numerous letters of objection were received on the various development proposals and are included in tonight’s agenda. Further neighbourhood open houses for the revised proposal (2 – four storey buildings with 135 units) were held by remote electronic means on July 6 and 7, 2020. The applicant, agent, two City Council members, one Regional Council member and 16 residents registered and participated in the open h ouses. Residents expressed concerns similar to ones that were expressed earlier, including about the density and the height of the proposed buildings and how it fit in with surrounding neighbourhood, infrastructure capacity, road safety, traffic infiltration on local roads and fire safety. Residents also expressed a concern about the impact of the excavation for the underground parking on surrounding dwellings, objected to the Official Plan being amended to permit a development greater than 75 units per hectare, and noted preference for the existing zoning to remain. Residents also expressed concern about operating public consultations through electronic means, noting that some residents would not have the ability to participate. In addition, a number of residents noted that they did not receive notices and concerns were raised about the scope of notification provided. To address these concerns, the notification list has been reviewed to ensure persons who have requested notification are included. In Page 39 of 489 5 PBD-2020-56 September 15, 2020 addition, public notice signs have been posted on the property (per City requirements) and a notice has been published in the Niagara Falls Review. 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. Residential lands with frontage on an arterial roads can be developed with apartments with building heights up to 4 storeys and a maximum density of 75 units per hectare with higher densities permitted where the site is on an arterial road. Originally the development had a density of 130 units per hectare, which is substantially above what the Official Plan would consider for the site. The applicant has revised the proposal to comply with the density policies in the Official Plan. The proposed development, as revised, conforms to the Official Plan as follows: The development has a density of 74 units per hectare which complies with the density policies; Generous setbacks are provided from surrounding detached dwellings to mitigate impacts. The building is proposed to be set back more than 19 metres (62.25 feet) from the nearest residential property (fronting onto Lyons Creek Road), 30 metres (98.45 feet) from properties fronting onto Sodom Road, 40 metres (147.65 feet) from properties fronting onto Nassau Drive and 90 metres (295.25 feet) from the south lot line. With the use of fencing and tree planting these setbacks will mitigate any perceived impacts of the height of the apartment building, ensure that surrounding dwelling are not overshadowed by the development and provide a gradation of building height; Large landscaped strips are proposed around the building and parking areas to buffer surrounding properties and provide room for tree planting , landscaping and fencing; The abutting roads (Sodom Road and Lyons Creek Road) can support the development. Furthermore, upgrades are planned by the Region for Sodom Road. Page 40 of 489 6 PBD-2020-56 September 15, 2020 Confirmation of wet weather servicing capacity will occur at the site plan stage to ensure adequate services are provided to the development and surrounding dwellings are not adversely impacted. 3. Zoning By-law The lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4 - 324), in part, and Neighbourhood Commercial (NC-397), in part in accordance with Zoning By-law No. 79-200, as amended by By-law No. 1996-56. The NC zone would allow a 929 sq. m (10,000 sq ft) plaza right on the corner of the property. The R4 zone would allow 8 one storey townhouse dwelling units. The applicant has requested a Residential Apartment 5B Density (R5B) zone which permits apartment buildings at a density up to 75 units per hectare. The departures requested from the standard R5B regulations are summarized in the following table: R5C ZONE STANDARD REGULATION REQUESTED REGULATION Minimum front yard depth 7.5 m plus 13.1 m from the original centreline of Lyons Creek Road 7.5 m Minimum exterior side yard width 7.5 m plus 13.1 m form the original centreline of Sodom Road 7.5 m Maximum building height 10 m 15 m Maximum projection of a balcony into a required exterior side yard 0.45 m 1.3 m The departures from the standard regulations can be supported for the following reasons: The setbacks from the centrelines of Lyons Creek Road and Sodom Road are intended to protect for necessary road widenings. As no widenings are required on Lyons Creek Road, the retention of this regulation is unnecessary. A widening will be required along Sodom Road and is shown on Schedule 2. The widening will be taken during the Site Plan process. The increase in building height is to accommodate a 4th floor. The Official Plan allows buildings up to 4 storeys. As discussed in the previous section, the increase is acceptable as the building is well set back from lower density residential properties; The requested balcony projection will permit balconies with useable floor space to be developed along Sodom Road. As these balconies have little mass, the increased encroachment will not adversely impact the streetscape. Page 41 of 489 7 PBD-2020-56 September 15, 2020 Planning staff note that the applicant has undertaken significant measures in the site design to mitigate the impact of the development on abutting residents. To ensure these measures are implemented, site specific regulations securing the following are recommended: A 3 metre (9.8 feet) wide landscape strip between parking areas and Sodom Road and Lyons Creek Road; A 6 metre (19.6 feet) wide landscape strip along the south lot line; A 9 metre (29.5 feet) wide landscape strip along the west lot line and the rear of the residences fronting onto Nassau Drive, and a 2 metre wide landscape strip along the balance of the west lot line; and Building setbacks of 19 metres (62.25 feet) from the nearest point of the interior (west) lot line and 90 metres (295.25 feet) from the rear (south) lot line, as shown on the preliminary site plan on Schedule 2. Typical requirements for an apartment building of this height are 7.5 metres (24.6 feet) for an interior side yard and 10 metres (32.8 feet) for a rear yard. 4. Public Concerns Through public consultation a number of concerns have been raised by residents that are directly or indirectly related to this proposal. Staff offer the following comments. a. Sanitary Sewers Residents are concerned about a history of sewer backups and the capacity of the infrastructure to support this development. Staff acknowledge that backups have occurred in Chippawa as well as other parts of the City, particularly in relation to wet weather events (i.e. large quantities of stormwater enter the sanitary or combined sewer system, causing overflows). The City has undertaken measures to address these existing conditions, including the addition or sewer storage tanks at the Riverview Park and the WRAP program, which seeks to reduce wet weather flows into sanitary sewers. Furthermore Municipal Works Staff noted that new developments are required to have sanitary flows separated from wet weather flows to limit the amount of flows that can enter the sanitary sewer system. At the site plan stage the developer would need to demonstrate how wet weather flows (stormwater) will be accommodated without adversely impacting surrounding properties. The Region has indicated there is limited sanitary sewer capacity in the Regional system, which includes the High Lift Pumping Station near McLeod Road. Due to significant development that is expected to occur in the south end of Niagara Falls capacity at this station is expected to be exceeded by 2041. To service the south end of the City, the Region is undertaking an Environmental Assessment for the new South Niagara Falls Wastewater Treatment Plant, which is estimated to be under construction by 2024 pending budget approval. In the meantime, the Region will require the applicant to provide a further servicing study at the site plan stage that confirms there is capacity available in the system to service the development. Page 42 of 489 8 PBD-2020-56 September 15, 2020 b. Road Network The property abuts and is accessed by two Regional arterial roads (Lyons Creek Road and Sodom Road). Residents have expressed concerns about the capacity of the intersection of these 2 streets, as well as road safety. The Region is satisfied the road system can accommodate this development, provided access is limited to a single driveway off of Sodom Road. The Region has also indicated that capacity upgrades to Sodom Road are proposed in the 5 year capital budget. An Environmental Assessment is expected, which will address, among other things, vehicular and pedestrian safety. Residents on Nassau Drive and Welland Street have expressed concerns about traffic infiltration on these streets. In 2018 the City conducted a traffic review on Nassau Drive and found that there was minimal traffic infiltration on this street. In addition, Welland Avenue is being monitored for traffic movements. c. Site Plan Control Development of the apartment building will be subject to site plan control, which will address certain matters of concern to residents. In addition to matters discussed above, the site plan process will address the review of detailed servicing and grading plans, stormwater management plans (to ensure stormwater flows do not affect abutting properties), landscape plans (including a review of existing healthy trees for preservation where possible) and lighting plans (to ensure surrounding properties are not impacted by floodlighting). Wood fencing, tree planting and landscaping are to be used to ensure abutting properties are screened from the development and the development is complementary to the streetspcaing of abutting streets. In addition, cash in lieu of parked dedication is to be determined and collected prior to issuance of a Building Permit. FINANCIAL IMPLICATIONS The proposed development will provide Development Charges, cash in lieu of parkland dedication and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT The proposed development complies with the objective to promote a strong and diverse housing market under the Diverse and Affordable Housing priority in that it uses an infill opportunity for a multiple unit development that diversifies housing composition in the neighbourhood. Page 43 of 489 9 PBD-2020-56 September 15, 2020 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:cr Attach. S:\PDR\2020\PBD-2020-56, AM-2018-011, 4210 Lyons Creek Road, Zoning By-law Amendment.docx Page 44 of 489 10 PBD-2020-56 September 15, 2020 SCHEDULE 1 Page 45 of 489 11 PBD-2020-56 September 15, 2020 SCHEDULE 2 Page 46 of 489 12 PBD-2020-56 September 15, 2020 SCHEDULE 3 Page 47 of 489 Address: 4210 Lyon’s Creek Road Applicant: Go-To Niagara Falls Chippawa Inc. Proposal: 4 storey, 77 Unit apartment building Zoning By-law Amendment Application AM-2018-011 Page 48 of 489 A GREAT CITY…FOR GENERATIONS TO COME Location Single detached Residential uses 4 storey, 77 unit apartment building Subject Lands 1.08 ha (2.6 ac)Page 49 of 489 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Exterior Side yard width 7.5 m Projection of balcony into exterior side yard 1.3 m Building Height 15 m Front yard depth 7.5 m Page 50 of 489 A GREAT CITY…FOR GENERATIONS TO COME Background •Original proposal was for two parcels of land totaling 1.08 ha (2.6 ac) and a 6 storey, 122 unit apartment building and 9 townhouse units. •This application would necessitate an Official Plan and Zoning By-law Amendment. •Application was revised with to be 2, four storey apartment buildings with a total of 135 apartment units. •After public consultation, the applicant revised the proposal to be as follows: –Requesting only a Zoning By-law Amendment application; –One, four storey apartment building (15 m. in height) proposed for north end of property without the earlier proposed roof feature (lighthouse) –Number of units is reduced from 135 to 77 –Underground parking is no longer proposed and replaced by surface parking surrounded by landscaped buffer. Page 51 of 489 A GREAT CITY…FOR GENERATIONS TO COME Background NEIGHBOURHOOD OPEN HOUSE •Open House for original proposal (6-storey apartment & townhouses) held on July 5, 2018 and attended by applicant, three City Councilors; and approximately 60 residents. •Concerns expressed included: •Height and density; •Out of character with surrounding development; •Sewage capacity, sewer overflows affecting existing residents; •Road safety –Sodom Rd/Lyon’s Creek intersection •Traffic infiltration on surrounding local roads •Ability of Fire Services to fight fires in the building. •Numerous letters of objection were received on the various development proposals and are included in tonight’s agenda; •Additional neighbourhood open houses for the revised proposal (2-four storey/135 un) were held remotely on July 6 & 7, 2020. Applicant, agent, 2 City Councilors, a Regional Council member and 16 residents participated; •Concerns were similar to previous open houses Page 52 of 489 A GREAT CITY…FOR GENERATIONS TO COME Background NEIGHBOURHOOD OPEN HOUSE con’t •Concerns expressed at these meetings were as follows: •Density; height; compatibility; infrastructure capacity; road safety; traffic & fire safety as well as impact of excavation for underground parking on surrounding dwellings; •Objection to Official Plan being amended to permit a development greater than 75 un/ha and noted preference for existing zoning to remain; •Concerns about operating public consultations through electronic means, as some residents may not have ability to participate; •Some residents noted they did not receive notices and concerns about the scope of notification provided. To address these concerns, the notification list has been reviewed to ensure persons who have requested notification are included; •Public notice signs posted on the property as per City requirements and a notice has been published in the Niagara Falls Review. Page 53 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Provincial Policy Statement and Growth Plan •The proposed development is consistent with Provincial policy. •Subject lands located within the Built-Up Area and are in an area where intensification is directed; •Form of residential intensification promoted by the Province and will provide additional units to diversify housing options in the area. Page 54 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan •Designated Residential •Requested zoning complies with the Official Plan. •Building heights of up to 4 stories can be developed; •Density of 74 un/ha complies with density policies; •Setbacks, along with landscaping will ensure surrounding detached dwellings are not overshadowed and provide a gradation in building height; •Large landscaped strips are proposed around building and parking areas to buffer surrounding properties and provide room for tree planting; landscaping and fencing. •Abutting roads can support the proposed development and the Region is planning upgrades for Sodom Road •Confirmation of wet weather servicing capacity will occur at site plan stage to ensure surrounding dwellings are not adversely impacted. Page 55 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law •Currently zoned Residential Low Density Grouped Multiple Dwellings (R4 - 324) Zone, in part, and Neighbourhood Commercial (NC-397) in part; •Requested to be changed to Residential Apartment 5B Density (R5B) Zone •The following departures from standard regulations can be supported for the following reasons: •Setbacks from centrelines of Lyon’s Creek Rd and Sodom Rd are intended to protect for road widenings. No widenings are required so retention of this regulation is unnecessary; •Increase in building height is to accommodate 4th floor. Building is well setback from lower density residential properties; •Balcony projections have little mass and will not adversely impact streetscape. Page 56 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-law con’t •Staff note that significant measures have been taken in site design to mitigate the impact of the development on abutting residents. Site specific regulations securing the following are recommended: •3 m (9.8 ft.) wide landscape strip between parking areas & Sodom Rd & Lyon’s Creek Rd •6 m (19.6 ft.) wide landscape strip along south lot line; •9 m (29.5 ft.) wide landscape strip along west lot line and rear of the residences fronting onto Nassau Dr. and a 2 m wide landscape strip along the balance of the west lot line; and, •Setbacks of 19 m (62.25 ft.) from the nearest point of the interior (west) lot line and 90 m (295.25 ft.) from the rear (south) lot line. Page 57 of 489 A GREAT CITY…FOR GENERATIONS TO COME Conclusion The amendment can be supported based on the following: •Proposed development conforms with Provincial and Regional policies. •Complies with Official Plan height and density of multiple unit dwellings along arterial roads; •Compatibility with adjacent residential development will be achieved with building setbacks and landscaping. •Property is currently zoned for commercial and townhouse development; and •R5B zone permits an apartment building and existing and requested regulations are appropriate to ensure the development will be compatible with surrounding properties.Page 58 of 489 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 5B Density (R5B) zone to permit a 4 storey, 77 unit apartment building subject to the regulations outlined in the staff report, PBD-2020-56 Page 59 of 489 COUNCIL MEETING ZBLA Application 4210 Lyons Creek Road AM-2018-011 IBI GROUP GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek Road July 15, 2020Page 60 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP This is a statutory public meeting under Planning Act Application is for a Zoning By-law amendment to permit a 4 storey, 77 unit apartment building Staff support the application and recommend approval We agree with staff recommendation and respectfully request Council approval 2Page 61 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Subject Lands in context of the neighborhood 3Page 62 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Subject Lands in context of immediate surroundings 4Page 63 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Aerial View –Looking West 5Page 64 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Aerial View –Looking South 6Page 65 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP The proposed development has been significantly revised from time of original application Public and staff input were integral to the planning process, and resulted in two iterations of revisions The proposal before Council reflects this iterative process of submission, consultation, and plan revision 7Page 66 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP 1.Original Proposal:One 6 storey 122 unit apartment building and One 3 storey 9 unit street townhouse dwellings (131 units total) 2.Revised Proposal: Two 4 four storey apartment buildings with 135 units total, supported by underground parking 3.Current Proposal: One 4 storey apartment building with 77 units total, supported by surface parking 8Page 67 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Rendered Site Plan 9Page 68 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Essential Site/Development Stats: •Total Site Area: Approx. 1.04 ha •Frontage: 84 m along Lyons Creek Rd, 210 m along Sodom Road •Total Units Proposed: 77 apartment dwellings; mix of 1& 2 bedroom units •Overall Density: Approx. 74 Units Per Net Hectare •Building Height: 4 storeys; approximately 15 m to top of roof 10Page 69 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Essential Site/Development Stats Continued: •Total Parking: 108 spaces (1.4 spaces per unit); all located at surface •Vehicular Access: One two-way access driveway connecting to Sodom Rd •Site Services: Connections to municipal water and sewer for all units, SWM addressed on site with connections to municipal system 11Page 70 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP East and West Building Elevations 12 West Elevation –Facing Abutting Lands East Elevation –Facing Sodom RdPage 71 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP North and South Building Elevations 13 North Elevation –Facing Lyons Creek Rd South Elevation –Facing Abutting Lands (90+ m setback)Page 72 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Cross Section 14Page 73 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP 15 Key Zoning Statistics Chart Metric Required Provided Min. Lot Area 133 m2 per dwelling; 10 241 m2 total 134.9 m2 per dwelling; 10 388 m2 total Min. Front Yard 7.5 m +13.1 m from CL of Road 7.5 m (no widening required) Min. Rear Yard 10 m 93.38 m (south) Min. Interior Side Yard ½Building Height –7.5m 21.62 m Min. Exterior Side Yard 7.5 m +13.1 m from CL of Road 7.5 m (to widened limit) Max. Building Height 10 m 15 m Max. Number of Apartment Buildings on Lot 1 1 Min. Landscaped Open Space 35% (3635.8 m2)44.2% (4594 m2)Page 74 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP Proposal is consistent with and conforms to Provincial policies for intensification, housing supply and housing diversity Proposal conforms to Region and City Official Plan policies for intensification, housing, and built form Proposal is compatible with the context based on generous setbacks, regular built form, and provision of landscape open space areas 16Page 75 of 489 GO-To Niagara Falls Chippawa Inc. 4210 Lyons Creek July 15, 2020 4210 LYONS CREEK ROAD –ZBLA APPLICATION IBI GROUP 17 Thank you!Page 76 of 489 \Q?rv6/. m©\P‘>.%@.§t. ..%¢®§\,m\::vC\:§<P§§&¢§\ <\?C§\E:xC\xW%S?r\%xkrkwk§m.-\mw,§m \f:.o8Q,§\\ ¥S3vageas?§%:a.a K .Nu&§x\(RC? \ A . ..@\\m&x ‘ V KEASCTx?xxmkxr .\. §%%&«.\®\CQt\§vz\m§K&\ E9<\\@§:x§\\6§®£,h\\mL\\©§:SMgEv; >£§wC.m\Lw\§%k&\m\m\. $0-4.0 §§r5:5“\ E33X E.DmMamNL3% Q?§~\R\\k\m\.<1,l1- H /9x .ivK§§§$&§s9;? 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Emmmmsonm:5u..ouomm_nmssonm<m=Emma"rm3.13:3_.mn:=m_.:m:$9.amam.mm§m<Em_.mn_cmm::m uni?es».qmzmn 3_%3sacm5m3:3»_..E=n=:m_::5Q:Eum<<mmammmm§m_\mm:03 8:3Emn:_3:m<3Emea29.8:no3cm:<. smEmcmmWn_mm_._<mmmwsma_o_m::§m_o1:n€m_mmam£653:2cmmnocwmmmnmmumn_m__<<<:m:Smv3uomm_W:3 no3cm:u_m5::9mmclocsaimmqmm..2.m32.32oiymmm:m_.m_mwmmmamnmiSmmcgmnac3um:<82%:2mEm_m 33%.E533.<.Q:=n:mm~osmm3_.m<821.9%.mo3m359no33mE_m_mam.:_.mmmwmmawmoqmmmos?mmnz?mm.>3 mvm:3m:.nU:_a_:m9.9mBmmszcam<< _am3.8__<oi933321E3::5mx_...Emcmmm. BE:5853gm._u_.ow_m3aqm?nnoimmmoz31.:m__.mma<95S?mamnmos._ 20:5:mmUmn$c__<wmncmma:5»1%mnnznmzozwm%a8_. .:mmEmsmwSm:m%8_.m<mclmmm<0: mmmmim Page 196 of 489 PBD-2020-54 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-54 26CD-11-2020-002 King George Village Plan of Vacant Land Condominium Mears Crescent North of Gunning Drive Applicant: 2560946 Ontario Inc. (Dario D’Agostino) Agent: Peter Lesdow, Architect RECOMMENDATIONS 1. That the King George Village Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 2560946 Ontario Inc. (Dario D’Agostino) is proposing to develop a 1.46 ha (3.6 ac) parcel of land located on the east side of Mears Crescent, north of Gunning Drive, as a Plan of Vacant Land Condominium. The condominium will divide the land into 45 units of land with common private roads, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwelling units. Planning staff recommends the application for the following reasons: The development is consistent with Provincial policies with respect to achieving intensification within the Built-Up Area; The development is in conformity with the City’s Official Plan and Zoning By-law No. 79-200, as amended and varied, and will be compatible with the surrounding development; The property was rezoned in 2003 and received a minor variance in 2017. There were no appeals filed; The condominium will assist in providing housing choices and will contribute to the City’s required short term housing supply (3 years); and City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendix A. Page 197 of 489 2 PBD-2020-54 September 15, 2020 BACKGROUND Proposal 2560946 Ontario Inc. (Dario D’Agostino) is proposing to develop a 1.46 ha (3.6 ac) parcel of land shown on Schedule 1. This plan will permit the creation of vacant land units (parcels) for the future sale of 45 townhouse dwelling units. Schedule 2 shows the proposed condominium, while Schedule 3 shows the unit layout. The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-633) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2003-143 and as varied by the Committee of Adjustment (File No. A-2017-45). The R4-633 zoning permits the development of the proposed townhouse dwellings subject to site specific regulations. Site Conditions and Surrounding Land Uses The subject land is vacant and once formed part of the playground of the adjacent former King George V School. The land is flat and mainly grassed, except for a small parking area and some trees along the lot lines of the site. The property is surrounded by detached dwellings, with the exception of the former King George V School to the north-east and a Bell Canada maintenance building to the south. Circulation Comments Regional Municipality of Niagara (the Region) The proposal is consistent with Provincial and Regional policies. The Region provided several conditions to address servicing matters (including confirmation of wet weather servicing capacity prior to final approval) and standard development requirements. These conditions are included in Appendix A. Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge and Canada Post No objections. Requested conditions are included in Appendix A. Legal Services No objections. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to be consistent with Provincial policies. These policies currently direct the City to facilitate residential intensification by directing 40% of all residential development to built-up areas. The subject lands are within the built boundaries of the City. The proposed development will assist in meeting these targets and utilizing a vacant urban parcel. In addition the proposal will provide an alternative housing type for residents. Page 198 of 489 3 PBD-2020-54 September 15, 2020 2. Official Plan The subject land is designated Residential in the City’s Official Plan. Residential lands are permitted to be developed with a variety of housing types, including townhouses, between a density of 20 and 40 units per hectare. New developments are to be of a height, massing and provide setbacks that are in character with the surrounding development The proposed development conforms to the Official Plan as follows: the proposed development will have a net density of 30 units per hectare which conforms to the Official Plan; the proposed development will be similar to the height and building setbacks of the nearby residential development; and Provided the units in Blocks B and F are developed to have a front elevation orientation towards Mears Crescent (with the architectural treatment of the elevation and maintaining any fencing along the street line to a low decorative fence) the development will be compatible with the established streetscape of Mears Crescent. 3. Zoning By-law The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-633) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2003-143. The zoning permits the development of townhouse dwellings subject to site specific regulations. A Minor Variance (File No. A-2017-045), increasing the number of dwelling units that could be developed on the property to 45, reducing the number of required parking spaces to 55 and increasing the maximum permitted building height to 10.9 metres, was approved by the Committee of Adjustment in 2017. The development conforms to the site specific R4 zoning regulations as varied. Conditions in Appendix A address the review of final drawings to ensure compliance with zoning regulations continues. 4. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the land into units of land that can be sold separately. The plan includes private common roads with two accesses off Mears Crescent, visitor parking and amenity areas. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because the development matters (i.e. site servicing/grading, landscaping, lighting, fencing and waste disposal) are addressed in the condominium agreement. Appendix A includes the recommended conditions of approval which include address the following matters: Confirmation of wet weather servicing capacity within existing infrastructure to the satisfaction of the Region; An assessment of trees on or abutting the property, including the boulevard trees along Mears Crescent. Trees should be saved where possible; Page 199 of 489 4 PBD-2020-54 September 15, 2020 Construction of a sidewalk across the frontage of the property to assist in providing pedestrian access to the sidewalk on Gunning Drive; The submission of architectural and landscape drawings that demonstrate a street presence for the townhouse units, which would include architectural treatments to the Mears Crescent elevations and ensuring any fencing along the street line is limited to a low decorative wrought iron (or simi lar) fence; and Other typical requirements for a plan of condominium including the review of drainage and storm servicing by the City and the Region, waste deposal, review of photometric and landscaping plans, parkland dedication and installation of the necessary facilities and services for Canada Post and utilities. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works, mitigation measures and warning clauses. FINANCIAL IMPLICATIONS The proposed development is consistent with the Diverse and Affordable Housing Strategic Priority in that it provides an additional housing option in this area. CITY’S STRATEGIC COMMITMENT The proposed condominium complies with the City’s Official Plan. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Condominium Plan Schedule 3 – Details of Residential Units Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:gd Attach. S:\PDR\2020\PBD-2020-54, 26CD-11-2020-002, King George Village, Mears Crescent.docx Page 200 of 489 5 PBD-2020-54 September 15, 2020 SCHEDULE 1 Page 201 of 489 6 PBD-2020-54 September 15, 2020 SCHEDULE 2 Page 202 of 489 7 PBD-2020-54 September 15, 2020 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by J. D. Barnes Limited, dated November 11, 2019, showing 45 units of vacant land for townhouses as well as common private roads, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a landscape plan, prepared and stamped by a Landscape Architect (OALA), addressing pedestrian movement/accessibility routes and connections; buffering for adjacent residential properties; streetscape improvements and internal landscaping for condominium dwellings and common areas. 7. That a qualified arborist provide an assessment of the existing trees on the site and the adjacent Mears Crescent boulevard to determine the potential for preservation of healthy mature trees. Healthy trees are to be retained where possible. 8. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands subject to this condominium as determined by a qualified appraiser, to the satisfaction of the City. 9. The private roadways within the condominium plan be designed and constructed in accordance with City Standards. 10. That each unit be individually metered, or a meter pit for the entire site be constructed at the property line. Page 203 of 489 8 PBD-2020-54 September 15, 2020 11. The developer provide an updated Functional Servicing Study prepared by a Professional Engineer, licensed in the province of Ontario , identifying existing municipal infrastructure that will adequately service the development as proposed. All underground services within the subject lands shall be designed and constructed in accordance with City standards. 12. The developer provide an updated Stormwater Management Report prepared by a Professional Engineer, licensed in the provide of Ontario, identifying an adequate stormwater outlet as well as addressing post development flows to the satisfaction of Municipal Works 13. The developer provide a 1.5 metre wide sidewalk along the frontage of the subject parcel. 14. The developer provide a Master Lot Grading plan and ensure that grading of the site is designed and constructed in accordance with City standards . 15. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 16. The developer conveys to the City, free of charge and free of all encumbrances, the rights of easements as may be required for the installation of infrastructure. 17. That a clause be placed in the condominium agreement noting that the following warning clause is to be included in all purchases of sale and lease: “Due to the proximity of the City of Niagara Falls Gunnin g and Mears Sewage Pumping Station Storage Pipes, Purchasers/Tenants are advised that periodic emissions of unpleasant odours and noise from the normal or emergency operations of this facility may occur, for an unspecified duration, and may adversely affec t the residents of this development.” 18. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2019-69, as amended. 19. The developer pay the City the applicable required fees for administration. 20. That the developer’s Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications. 21. The developer agrees to convey to the City free of charge and free of all encumbrances, the rights or easements as may be required for the installation of infrastructure, including any necessary easement for access to the holding tanks on the property (no buildings or structures to be permitted within this easement). Page 204 of 489 9 PBD-2020-54 September 15, 2020 22. The developer provide the necessary servicing drawings to Fire Services, to confirm the compliance of the development with Section 3.2.5.7. of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be considered private hydrants and as such will be subject to the to the testing and maintenance requirements of the Ontario Fire Code. Landscaping including plantings shall not obstruct the fire access route. 23. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property. The fire access route shall comply with the requirements of the Ontario Building Code and the necessary ‘No Parking’ signs shall be provided and installed at the developer’s expense. 24. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 25. That a Community Mail Box (CMB) be located as determined in cooperation with Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 26. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 27. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works and concrete pads, illustrating the CMB on engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 28. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required, which may include a blanket easement, for communications/telecommunication services. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. Note: Developer is to contact Bell Canada during the detailed design to confirm the provision of communication/telecommunication infrastructure needed to service the development. Note: The developer is hereby advised that prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the Page 205 of 489 10 PBD-2020-54 September 15, 2020 developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, then the developer will be required to demonstrate to the satisfaction of the City that sufficient alternative communication/telecommunication will be provided to enable, at the minimum, effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 29. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assign ed until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the developer. 30. The developer submit a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. 31. That verification of the available wet weather sanitary capacity in the South Niagara Falls system required to accommodate the development be submitted for review and approval by Niagara Region. 32. Prior to the approval of the final plan or the undertaking of any on -site grading, the owner shall submit a detailed stormwater management plan for the development and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Parks and Conservation’s documents entitled ‘Stormwater Management Planning and Design Manual’ (2003) and the “Stormwater Quality Guidelines for New Development’ (1991)) or their successors to Niagara Region for review and approval: a. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b. Detailed erosion and sediment control plans. Further that the condominium agreement between the developer and the City contain provisions whereby the owner agrees to implement the approved plans(s) required in accordance with this condition. 33. That prior to final approval for registration of this plan of condominium, the owner shall submit the design drawings (with calculations) for sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Compliance Approval under the Transfer of Review Program. Page 206 of 489 11 PBD-2020-54 September 15, 2020 34. The owner submit plans illustrating Regional waste collection truck turning templates for review and approval to accommodate Regional waste collection services. 35. The developer ensure that all streets and development blocks can provide an access in accordance with the Regional Municipality of Niagara Corporate Policy and By- laws relating to the curbside collection of waste and recycling. 36. That the developer comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. 37. That the following clause be included in the condominium agreement and inserted into all offers and agreements of Purchase and Sale or Lease for each of the affected dwelling units: “Owners/Purchasers/Tenants are advised that in order to accommodate Regional Waste Collection Service, waste and recycling containers will need to be brought to designated waste collection pads on the required collection day.” Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall also be provided prior to execution. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (one hard copy and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the developer as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Page 207 of 489 12 PBD-2020-54 September 15, 2020 Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 3 (inclusive) - Legal Services for Conditions 4 and 5 - Parks Design for Conditions 6 to 8 (inclusive) - Municipal Works for Conditions 9 to 21 (inclusive) - Fire Services for Conditions 22 and 23 - Enbridge Gas for Condition 24 - Canada Post for Conditions 25 to 27 (inclusive) - Bell Canada for Condition 28 - Regional Development Services for Conditions 29 to 37 (inclusive) Page 208 of 489 Address: East side Mears Crescent, north of Gunning Drive. Applicant: 2560946 Ontario Inc. (Dario D’aGustino) Proposal: Plan of Vacant Land Condo – 45 Units Page 209 of 489 A GREAT CITY…FOR GENERATIONS TO COME Location 1.46 ha (3.6 ac) Former King George School Bell Canada Detached dwellings Detached dwellings Page 210 of 489 A GREAT CITY…FOR GENERATIONS TO COME Site Plan 45 Townhouse Units Mears Crescent 55 required parking spaces Max. Building height of 10.9 m. Underground storage tanks Page 211 of 489 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant proposes a vacant land condominium to develop 45 townhouse units on 1.46 ha (3.6 ac) parcel. •Land is zoned Residential Low Density, Grouped Multiple Dwellings (R4-633) as amended by a Zoning By- law amendment in 2003 and varied by Committee of Adjustment in 2017 to permit the development of the proposed townhouse dwellings subject to site specific regulations. Page 212 of 489 A GREAT CITY…FOR GENERATIONS TO COME Condominium Design •Land that is developed as a vacant land condominium is not made subject to Site Plan Control because site servicing/grading, landscaping, lighting, fencing and waste disposal are addressed in the condominium agreement. •Developer will be required to enter into a condominium agreement with the City to address the above matters. •Appendix A to the staff report outlines in detail the issues to be included in the agreement. Page 213 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Official Plan •Lands designated Residential which permits a variety of housing types with a density of between 20 un/ha and 40 un/ha. The proposed density will be 30 un/ha. •Proposed development will be similar to height and building setbacks of the nearby residential development. •Provided Units in Blocks B & F are developed to have a front elevation orientation towards Mears Crescent the development will be compatible with established streetscape of Mears Crescent.Page 214 of 489 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis Zoning By-Law •Current zoning permits the development of the townhouses subject to site specific regulations. •Minor Variances to increase the number of units to 45, reducing the number of required parking spaces to 55 and increasing the maximum building height to 10.9 m. was approved in 2017.Page 215 of 489 A GREAT CITY…FOR GENERATIONS TO COME Conclusion •Consistent with Provincial policies regarding achieving intensification within the Built-Up Area; •Conforms to City’s Official Plan and Zoning By-law as amended and varied, and will be compatible with the surrounding development; •Will assist in providing housing choices and contribute to the City’s required short term housing supply (3 years); and •City and Regional interests will be addressed through the fulfillment of conditions contained the appendix to the staff report.Page 216 of 489 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That the King George Village Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A of the staff report; •That the Mayor or designate be authorized to sign the draft plan as “approved” 20 days after the notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; •That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, •That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor.Page 217 of 489 Z.momSmm__m‘OZ c3m:O03 mmEm3cm«8.mono Q?9.Z_.m©mEmm__m _u_m::3m_umvm:3m:.. >_mx12.03%.o:m22o2._m:aSm.Um<m_on3m3 K58Ocmm:mp zwmmmammam.OZ Emmxm mmHMmoo.:.No~o.ooN vaouommq3C3:4o<<::o:mmOo:Qo3_:E332.9: _<_mm:mQmmomi Z:>_mx:2_o<§. <<_Eqmmm?m8EmmUo<mso?mgmuuznmzo?_o_mmmmno:m_,3§EEm Qm<m_o_umaanEm<2cmu3<E_amm:oEm«.um:nm8m:n_ommEm: Qm<m_oU3m3.8_\m.u_mnmEmmimczmQ53:3_A_\.m:nmn::m::<Emqm9<<___ Em<cmn_mm:_:mcuEmEmmam.Emammmmamm:EUmEm::m<m902: E_,ocmEoEEm+m:nm. n::m::<Emmmznmm_uEmmcm:mmmmamz?mnrmnmi8:2u8_om3<.8Emmm: 2Em52%muc?zm_o..Em.0»km_onw.?mamamam055.89. _.?Emm@3538maocimEm;mamc:3m:mommU_mmag_<<o:_o_muvamnwm?m23< Ema<m3_<.m<<8:3Umn_mm:manumm:mU_m._ :m<mmzmnsma_u:o8m8m:o<<Emn:2m3mzm8350:81<05«m<wm<< <9:aooumwmzoz21:;3m£m._._m9mm:<muuqmnxnma. ._.:m:x<oc Page 218 of 489 Page 219 of 489 Page 220 of 489 Page 221 of 489 Page 222 of 489 , ‘Em_=:_:oarH%«v.233... >:..._am<<waknm zoqm40«Em.<m:§_no33m:.G.Elmmmo?m<mum2m:0*<mnm3Ham no:ao35E3Em~mnc.:,~omo-8~ 9.52: .1.4 S253<m:um_833m:$onma_2%o$_.,<o_nmn_nosnmza2325.3a ma?a?EEm.3322 _. :o3Es_:m92mBa_<_mm...nQmmnmi.sonzm2::3mm__<<m<EonMm:2mazmqmn.8_u<m: 35523£5Enozomqsma2.2:533E32:mEmmaScmammimzm.um::oc_m1<o:=o:m_._Qommmsm2Em _:.8$mnzo:...:38.$3msmmxnm?mnm%::o:m._ueammimzmmmmEms:2:5:92Sésrocmmam<m_ou3m3mam Rnca?ma2%Snmamnzezcmwmsméma2::«mmnm?3mmznméSmmmimm. >335ma?a..5052% _ _u.w::m?m _ _u_m::.zn.m:__.__§magUm<¢_ou3¢:~ _ 05cmzaemaEa $30.52.989 _ z.mmm$.um__m.OzSmea _ 88E$.E_§9:8» .maxmom.$m.B§_m§.<nm@:EnmSE__m.om mm?mmmém 25mmwas __u_..>ZZ_ZQ m,_um<m_bm_<_mza Page 223 of 489 nm_.3m:<m..3:m T03..«< mmznm.:...m<.mm_u»m3cm_.G.memo?nEs ._.o“>_mxIm«_o<:n... na_ m_..Emnn5:...omo?m<momUB2Em: ._.oSE03:_<_m<no:nm..? 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Jcmmmmm:5”Q?955.nmn=:m1%Em:man8:3mEmzzma.883m8%5::mo3m.n:_:m30$qmmzmznaa 3Iummc_m.8USmo3m3o:m<3_.__muonrmwwcmmsmmmumou_m:m<mnocmum:omSmmo_::o:so»m_<<m<mum:ca Em_.mmmo:3.‘_u8c_m3m. n_,._Eum<<mWEm.8:3m_ :5;<0:3<9:23m 23%;Em.038 Page 230 of 489 92:2.<m¢o:m 3.03"nm«m<nm3u_um__ mman_<_o:Qm<.mmEm3cm«.3.NomeW3Es ._.o_>_mxIm1o<zn§.8:4.0% mcsmnw25.96mmoémUm<m_ov3m3 ::.o1m.:m__<_mmmmmm..... 3.0:: mm:.nIa?mmEm3_um_.5.~03HUN»Es ._.ouno::n:_<_m3wmGA8222_3m3cm_xm©3mmm_.mmm__m.nmv m:E.m.HEzmmmoqmmOm<m_on3m_.: <<mm.:.o:m_<ouuommEmn.m<m_ou3m3_uwouommamoaEmSawmmowmm_...3um_.n<0:5mm3m=_.mmEm::m_m?mmiEmmi. n_.:uum<<mmm_om_:mco3cm_.n_mn.23.am<m_ou3m33.,$30:§m1m_m:2mmmgcm?m5::292m<3S_:mn_mn:m.nm mmémamsm=;mmnEn.E3.msmamncmwm33:8.man.ams?:m<m=mc<manm_umo_:.nm_<3won _ .:_umm§:n.E_.mman:mm 833_.§:<nmz?mm.322nms?mm2ammn:oo_<38:mo<m8_.osamum__‘mma<.1633%.:.8m3oS.81c3oz am<m_ou_.:m:.1:nrwuumém_.S:_Emmmwmcmmmwmmniwmmmmm. xm%mn$:=< mma2.033<=u:o:m Page 231 of 489 PBD-2020-58 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-58 AM -2014-001, Zoning By-law Amendment Application 2349 Portage Road Applicant: Dremetsikas Development Inc. Removal of Holding (H) Symbol RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to remove the Holding (H) symbol from the subject lands, which are currently zoned R5B(H)-1004, to permit two, 3- storey apartment dwellings containing a total of 72 units. EXECUTIVE SUMMARY In 2014, By-law No. 2014-75 was approved to regulate the development on the subject property. A Holding (H) regulation was included in the By-law to ensure that a quantitative air quality study was completed and that a Record of Site Condition was filed with the Ministry of the Environment. Dremetsikas Development Inc. is requesting the H provision to be removed to permit development at 2349 Portage Road to proceed with the two, 3-storey apartment dwellings containing a total of 72 units. The holding (H) symbol can be removed from the subject lands because the Regional Municipality of Niagara have reviewed the quantitative air quality study and is satisfied with the study and the Record of Site Condition filed with the Ontario Ministry of the Environment. BACKGROUND In 2014, Council adopted an amendment to the City’s Official Plan (OPA No. 114) which applied a SPECIAL POLICY AREA “67” designation to approximately 2.9 hectares of land located on the northwest corner of Stanley Avenue and Portage Road. The lands were redesignated from Open Space, in part, and Niagara Escarpment Plan Area, in part, to Residential, which limited the development of the lands to apartment dwellings up to a maximum height of 3 storeys and a maximum density of 62 units per hectare. A Holding (H) provision applies to the lands pending a quantitative air quality study and Record of Site Condition (RSC) Page 232 of 489 2 PBD-2020-58 September 15, 2020 PROPOSAL & ANALYSIS Dremetsikas Development Inc. is the owner of the subject property proposing to develop the two, 3-storey apartment buildings containing a total of 72 units located at the northwest corner of Portage Road and Stanley Avenue. The location of the proposal is illustrated on Schedule 1. The owner has submitted a request for the removal of the holding (H) symbol as part of the site plan application. Prior to registering the site plan agreement the Holding Provision must be removed. The parcel is zoned R5B(H)-1004 in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2014-175. The proposed development is shown on Schedule 2. The R5B-1004 zoning permits the parcel to be developed for apartment buildings subject to the removal of the Holding provisions. The H provisions were included in the amending by-law to ensure the landowner: 1) submit a quantitative air quality study to the satisfaction to the Regional Municipality of Niagara; and 2) file a Record of Site Condition with the Ministry of the Environment. The Regional Municipality of Niagara reviewed the quantitative air quality study as part of the site plan application review. The study was required due to the proximity of adjacent sand pit operations. Regional Staff was satisfied with the conclusions of the Assessment, being that “there are no significant annual effect and the total pa rticulate is not expected to have a notable effect on visibility, even if both Pits operate simultaneously” There are no exceedances of the air quality criteria for the evaluated parameters at the proposed development. No mitigation measures were recommended in the Assessment; therefore, no additional implementation by the way of clauses in the site plan agreement or revisions to the plans were required. The Record of Site Condition Number 226845 was filed in the Environmental Site Registry on June 26, 2020 for 2349 Portage Road by Elias Dremetsikas of Dremetsikas Developments Inc. Circulation Comments The Planning Act requires notice of the removal of a holding (H) symbol to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the removal of the holding (H) symbol was circulated to the owner, the agent, and area residents who attended the City Council meeting on May 13, 2014 for this proposal and signed their name in the sign-in sheet and the Regional Municipality of Niagara. The Region of Niagara has no objections to the request. CITY’S STRATEGIC COMMITMENT Development of the parcel supports Council’s desire for complete communities, additional housing for the City’s residents to meet the needs of the community. Page 233 of 489 3 PBD-2020-58 September 15, 2020 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Proposed Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:cv Attach. S:\ZONING\AMS\2014\AM-001\Lifting of Holding\PBD-2020-09, Removal of a Holding Symbol, 2349 Portage Road.docx Page 234 of 489 4 PBD-2020-58 September 15, 2020 SCHEDULE 1 Page 235 of 489 5 PBD-2020-58 September 15, 2020 SCHEDULE 2 Page 236 of 489 CAO-2020-03 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2020-03 Funding Renewal for Walk-in Mental Health Clinic for Youth in Niagara Falls RECOMMENDATION It is recommended that Council approve the requested funding of $20,000 to renew an agreement for one year with Pathstone Mental Health to provide mental health service for youth in Niagara Falls. EXECUTIVE SUMMARY Pathstone Mental Health offers a mental health urgent/walk-in clinic for youth in Niagara Falls one day per week at the Niagara Falls Community Health Centre through a partnership with the City of Niagara Falls. The partnership started in August 2019. Pathstone has requested that the City renew the agreement, with an added video counselling component to ensure service through the pandemic. BACKGROUND In 2019, Pathstone Mental Health, which delivers mental health services for children and youth up to age 18 years of age in Niagara, offered to provide a mental health urgent/walk- in clinic for this demographic in Niagara Falls called the “Hear & Now Walk-in Clinic”. Council agreed to fund the program for one year, at a cost of $20,000. Council had also agreed to assist Pathstone in securing a space to hold the clinic in Niagara Falls that was safe, accessible and capable of ensuring patient and family confidentiality. After reviewing several options, City and Pathstone staff decided that the Niagara Falls Community Health Centre on Victoria Avenue was the location that best met their needs. The Clinic is open to those from ages six up until the day before their eighteenth birthday who are: • feeling sad, worried or angry; Page 237 of 489 2 CAO-2020-03 September 15, 2020 • having fights with parent(s)/caregiver(s); • being bullied; • dealing with a personal issue; • having thoughts of self-harm; • getting in trouble at school, home, or in the community. Parents and caregivers can also use the walk-in clinic for children under the age of six, if they are concerned about child related ages and stages, are constantly arguing with their child, or are worried about their child’s social and emotional challenges. This one-on-one mental health service is provided under the guidance of a Pathstone Mental Health clinician, one day a week (Thursdays) between the hours of 11:30am and 7:30pm. Pathstone also operates this program in Port Colborne, St. Catharines, Welland, Beamsville, Grimsby, Niagara-on-the-Lake, and Fort Erie, through municipal support. Within a single day of service in Niagara Falls, they see, on average, 2-3 clients. This is consistent with or slightly higher than, attendance at the other programs across the Region. Pathstone’s next step is to make these services even more accessible through video counselling. Remote service would alleviate COVID contact concerns and f amilies would not need to arrange travel to meet with a Pathstone therapist. Going forward, Pathstone will continue to promote the service and the Victoria Avenue location of the Walk-In Clinic at schools, through print, radio and social media, and through community partners and campaigns. ANALYSIS/ RATIONALE Immediate mental health counselling for children/youth and their parents/caregivers prevents many from having to access programs as they progress toward adulthood. This service provides an early intervention model that would help youth to get into programs much earlier. This service has no fee, no appointments are necessary, and no health card is required. Removing these barriers would make it much easier for youth or their families to access this walk-in model of urgent intervention. FINANCIAL CONSIDERATIONS Renewal of the agreement with Pathstone Mental Health to provide mental health urgent/walk-in clinic for youth in Niagara Falls one day per week would funded from the Physician Recruitment budget. The term of this renewal would be one calendar year, at cost of $20,000. Page 238 of 489 3 CAO-2020-03 September 15, 2020 CITY’S STRATEGIC COMMITMENT This initiative supports Council’s Strategic Priority of a Healthy, Safe and Livable Community: ensure that residents have access to state of-art health care facilities and qualified professionals and, advocate for mental health services This partnership will support the City’s efforts in advancing enhanced health services planning in the community. ATTACHMENT: Pathstone Foundation - Further Improving Access to Mental Health Care through Walk-In Clinics – August 2020 Respectfully submitted: Ken Todd, Chief Administrative Officer Page 239 of 489 Pathstone Foundation Further Improving Access to Mental Health Care through Walk-In Clinics. CRA# - 871080644RR0001 August, 2020 Dear Niagara Falls City Council, As the lead children’s mental health provider in Niagara, and lead agency for the province of Ontario, we play a vital role in identifying and solving measures that include accessing and delivering effective mental health care without delay. As we move through the outbreak, we are and will be facing the long-term mental health affects COVID-19 has caused. I can share with you that we have already seen a resurgence in cases we had already closed at Pathstone. While we continue to see a 15-20% increase in clients each year, we have no accurate way to say yet how much higher that increase will be in 2020 due to the pandemic. COVID-19 has created a mental health crisis through job loss, fear for safety and lack of social connection. Health, safety and finances are three of the largest stressors on a person’s and family’s mental health and this pandemic affected all of these simultaneously. Research conducted shows the impact the outbreak has made on the mental health of Canadians with over 80 % reporting elevated worry and anxiety. While we have always been innovative in reducing wait list issues in the face of reduced government funding we will see a surge in cases this year and at the same time, philanthropic giving is falling. What we are aiming to avoid is regaining a lengthy wait list that we have worked so hard to nearly eliminate. We reduced our wait list, and with the help of the city of Niagara Falls, we creating nine walk-in clinics, which cover the Niagara Region. Clients receive one-to-one counselling with no referral, appointment, cost, or health card needed. These clinics have been a life-line for many. We gave families immediate access to mental health care, often times in the moment while children were still fresh in their feelings. It was the foundation of which these clinics were designed for, reducing barriers to care, and offering immediate support. We all know that wait lists do nothing but make issues worse and more complex. Our next steps are to keep these clinics open and make them even more accessible through video counselling. All of our walk-in clinics are funded through Pathstone Foundation which relies on donor support. While the video counselling platform had already been a part of our strategic plan, the move was expedited due to COVID-19, but was not in the budget. Video counselling means we can reach kids in a way that offers a true connection. In many cases through the pandemic we were talking to brand new clients who were on our wait list. In those first few sessions, a face-to-face connection is vital. While we are just now getting back to in-person sessions, distance and safety is still a barrier for many of our clients. Page 240 of 489 While our walk-in clinics are innovative, offering video counselling sessions further enhances this program. Families don’t need to travel to meet with a Pathstone therapist. Inclement weather wouldn’t cause cancellations and wait times would all but be eliminated. As we face an increase in demand for our services every year, we know that the longer a child waits for treatment, the longer they will be in therapy. Therefore, immediate response is the answer to stronger healthier kids, which make for stronger and healthier adults. Today, we are asking council for $20,000 to support Year 2 of the Niagara Falls walk-in clinic. This will sustain the Niagara Falls clinic located at the Niagara Falls Community Health Centre on Victoria Avenue for another year which will also include the video counselling compliment. With great thanks in advance for your consideration. Kim Rossi, Director of Philanthropy & PR, Pathstone Foundation e. KRossi@Pathstone.ca o. 905-688-6850 x 167 c. 289-969-8342 Page 241 of 489 CAO-2020-04 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2020-04 Diversity and Inclusion Advisory Committee RECOMMENDATION 1. That the Terms of Reference and the Diversity and Inclusion Advisory Committee Composition be approved. 2. Staff advertise for persons interested in serving on the Committee and report back to Council. 3. Council approved a Member of Council to serve on the Committee and act as a Council liaison to the Committee. BACKGROUND At the Council meeting held on June 2, 2020 Council recommended that staff report on the establishment of an Anti Racism Committee. This report outlines the following: ● Committee Composition ● Terms of Reference and Mandate On August 11, 2020 Council also endorsed support for participation in the “Coalition of Inclusive Municipalities.” The Coalition of Inclusive Municipalities is an international network that includes 82 Canadian municipal members at present. Twenty Ontario municipalities are members of CIM, including Region of Peel, the cities of Hamilton, London, and Windsor. Joining the Coalition and working actively towards the following ten commitments, as a Region, would be beneficial to help build respectful, inclusive and diverse societies, and to positively impact newcomers, immigrants, refugees, Indigenous peoples, visible minorities, people with disabilities, and the LGBTQ2S+ community: Page 242 of 489 2 CAO-2020-04 September 15, 2020 ● Increase vigilance against systemic and individual racism and discrimination. ● Monitor racism and discrimination in the community more broadly as well as municipal actions taken to address racism and discrimination. ● Inform and support individuals who experience racism and discrimination. ● Support policing services in their efforts to be exemplary institutions in combating racism and discrimination. ● Provide equal opportunities as a municipal employer, service provider, and contractor. ● Support measures to promote equity in the labour market. ● Support measures to challenge racism and discrimination and promote diversity and equal opportunity in housing. ● Involve citizens by giving them a voice in anti-racism initiatives and decision-making. ● Support measures to challenge racism and discrimination and promote diversity and equal opportunity in housing. ● Promote respect, understanding and appreciation of cultural diversity and the inclusion of Aboriginal and racialized communities into the cultural fabric of the municipality. By joining together in the CIM, municipalities are able to: ● Document and advance work within their own jurisdiction in combating racism and discrimination and building more inclusive communities. ● Exchange practices and expertise among municipalities and groups in Canada and around the world. ● Cooperate and share responsibility with other institutions and members of civil society to take action, including developing better tools to monitor progress. If accepted into the CIM, the Region would prepare an Action Plan that would include a wide range of initiatives to address racism, increase diversity in employment, ensure community voices are heard in the political process, and other related undertakings. The Region would like its application to include unanimous support for its candidacy from area municipalities. To date, St. Catharines, Thorold, Pelham, Port Colborne, Welland, Lincoln and West Lincoln have supported the Region of Niagara’s application, and signed the declaration. The Federation of Canadian Municipalities (FCM) endorses the call for the CIM, and encourages its’ members to join. The Coalition is also endorsed by the Canadian Race Relations Foundation (CRRF) and the Canadian Association of Statutory Human Rights Agencies (CASHRA). Page 243 of 489 3 CAO-2020-04 September 15, 2020 Mandate of the Diversity and Inclusion Advisory Committee (DIAC) The Diversity and Inclusion Advisory Committee (DIAC) will provide recommendations, advice and information to the Mayor, City Council and Senior Staff on the following: ● Removing barriers to inclusion for all residents and visitors in our community; ● Achieving a greater understanding of the many diverse communities in Niagara Falls and their vision for our city to help build cohesion among diverse populations; ● Reviewing City policies and master plans through a diversity lens to ensure they are executed with a emphasis on improving all forms of diversity and fostering greater inclusion of all residents and stakeholders and that they meet the needs of all residents in the community; ● Ensuring more effective outreach on diversity matters; and ● Facilitating discussions with community groups to promote broader understanding and engagement between residents of diverse backgrounds and abilities. Membership ● Membership make-up: ○ 1 Council Member (plus Mayor as ex officio) ○ A maximum of 10 Citizen Members chosen with the intention of bringing understanding, expertise and experience of the principles of diversity, inclusion and human rights and that have a diverse background covering one or more of the following categories as outlined in the Ontario Human Rights Code: Race Ancestry Place of origin Colour Ethic Origin Citizenship Creed Sex Sexual Orientation Gender identity Gender expression Age Marital Status Family Status Disability: Page 244 of 489 4 CAO-2020-04 September 15, 2020 ● Age – i.e. Youth (18-30), Adult (30-65), Seniors (65+) ● Gender and Gender Identity – i.e. Male/Female, etc. ● Sexual Orientation – LGBTQ ● Faith – i.e. Christian, Muslim, Hindu, Sikh, Buddhist, Jewish, Atheist, etc. ● Ethno-cultural – i.e. Southeast Asian, Arab, Italian, Polish, etc. ● Physical & Mental Ability – i.e. Autistic, Vision Disability, etc. ● Staff advisors from Human Resources and Culture (Recreation) will attend meetings as required to support the discussion in a non-voting capacity. Their attendance will be determined per each meeting’s agenda items and may include City staff and other stakeholder groups as necessary. ● All members are subject to the Code of Conduct and Complaint Protocol for the City of Niagara Falls. Committee Member Selection Committee members will be selected through an application and interview process. All selected candidates must attend an orientation session. The interview panel will include the appointed Council representative and staff representatives. Recommendations will be presented to Council for approval. Committee Member Qualifications Committee members will have the skills, knowledge, and experience to contribute effectively to the committee’s objectives. Committee members must be a City of Niagara Falls resident, business owner or stakeholder and be generally familiar with: ● overall community issues ● issues facing inclusion and accessibility in the community and across the City of Niagara Falls. Terms of Office The term of office of the Diversity and Inclusion Advisory Committee shall run concurrent with current term of Council, or until successors are appointed; and at the first meeting of the Committee, the voting members of DIAC will appoint the Chair and Vice-Chair. Work Plan The Committee members will work with City staff to set out a work plan for the Committee and outline their objectives. The Committee will report to Council as needed and will present its yearly accomplishments to Council on an annual basis. Page 245 of 489 5 CAO-2020-04 September 15, 2020 Procedures and Frequency of Meetings ● The Diversity and Inclusion Advisory Committee will meet quarterly (4 times per year), or as determined by committee members, at the call of the Chair, or at the direction of Council. ● The dates of the four meetings will be confirmed upon agreement of DIAC’s annual work plan so as to integrate well with the plans and projects under discussion by DIAC . ● The Chair of DIAC, in consultation with City Staff may cancel a meeting if it is determined there are insufficient items to discuss. Half of the committee members plus one will constitute quorum. Meetings will be open to the public at an accessible location In consultation with the Chair, staff will prepare meeting agendas in advance of the meeting. Meeting minutes will be prepared by a staff member or designated committee member and forwarded to each committee member (copied to the City Clerk). Procedural Rules The rules of procedure will be those rules of procedure as outlined in the Procedural Rules of Council, adopted by By-law 2019-04. FINANCIAL IMPLICATIONS Upon the establishment of an Advisory Committee, staff would include sufficient funds for the Committee to carry out their mandate. Typically, this would be in the neighbourhood of $5,000 - $10,000 per year. CITY’S STRATEGIC COMMITMENT: Council Strategic Priorities (2019 – 2022) include a statement that indicates an initiative to provide inclusive services and faculties to respond to the growing needs of a diverse population. Respectfully submitted: Ken Todd, Chief Administrative Officer Page 246 of 489 CD-2020-05 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2020-05 Victoria Centre BIA – Proposed Boundary Expansion RECOMMENDATION That Council consider expanding the Victoria Centre Business Improvement Area boundaries as proposed and pass the subsequent by-law. EXECUTIVE SUMMARY The purpose of this report is to outline the process for expanding the boundary of the Victoria Centre Business Improvement Area as requested by the BIA. BACKGROUND The Victoria Centre BIA has requested the City to move forward with steps to expand the boundary of the BIA to include the east side of Victoria Avenue south of highway 420 (Falls Avenue), the former NF Memorial Arena on Centre Street, and the former St. Ann’s School site on Magdalen Street. A map has been attached to this report depicting such. The process for such an expansion is laid out in the Municipal Act, 2001. The municipality may alter the boundaries of an improvement area and the board of management for that improvement area is continued as the board of management for the altered area. Section 209 of the Act states that a by-law is required to effect this boundary change. DISCUSSION In order to pass a by-law under section 209, the Act requires that the municipality provide notice (see attachment) of the proposed by-law by prepaid mail to the board of management of the BIA and to every person who, on the last returned assess ment roll, is assessed for rateable property that is in a prescribed business property class which is located in the improvement area and in any geographic area the proposed bylaw would add to the improvement area. Notice was sent out late in 2019 to the effected properties. Page 247 of 489 2 CD-2020-05 September 15, 2020 A municipality will be precluded from passing a proposed boundary change bylaw if the Clerk of the municipality receives written objections that, in the Clerk’s determination, fulfil the criteria set out in the Act. A municipality shall not pass such a bylaw if: (a) Written objections are received by the Clerk of the municipality within 60 days after the last day of mailing notices; (b) The objections have been signed by at least one-third of the total number of persons entitled to notice; (c) The objectors are responsible for, in the case of a proposed addition to an existing improvement area, at least one-third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed bylaw would add to the existing improvement area. The criteria set out above are conjunctive. As such, all must, in the Clerk’s determination, be fulfilled for the proposed expansion to be precluded based on objections. The Clerk received two (2) objections, both from properties located within the proposed area of expansion along Victoria Avenue. Based on the criteria laid out in the Municipal Act, nothing would preclude the Clerk from suggesting that the proposed boundary expansion to the BIA should not be permitted. FINANCIAL IMPLICATIONS/BUDGET IMPACT No financial implications to the municipality. CITY’S STRATEGIC COMMITMENT The proposed bylaw aligns with Council’s 2018-2022 Strategic Plan. LIST OF ATTACHMENTS - VCBIA Expansion Notice - Map Victoria BIA Proposed Expansion Page 248 of 489 3 CD-2020-05 September 15, 2020 Recommended by: Bill Matson, City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 249 of 489 K i t c h e n e r S t Ontario AvStanley AvFerr y St Palmer AvN or t h S t Bender St F o r s y t h e S t Powell AvC entre St S p r i n g S tBuchanan AvSecondAvF a l l s A v Slater AvL or ne S t Lewis AvMacDonald AvCollegeCrMcDougallCr CliftonHl P e e r L n CookmanCr VictoriaAvWalnut St Magdalen St HunterSt Oneida LnDesson AvRiver RdN ia g a r a R iv e rP yEllen AvFallsview BvClark AvMcGrail AvProposed Victoria Centre Business Improvement Area Expansion Business Improvement Area SubjectProperty ¸ Page 250 of 489 Notice of intention to pass a by-law to expand the boundaries of the Victoria Centre Business Improvement Area In accordance with Section 209 of the Municipal Act 2001, the Victoria Centre Improvement Area Board of Management has requested that the City of Niagara Falls alter the boundaries of the Victoria Centre Business Improvement Area (BIA) to expand their boundaries. A BIA is established by municipalities to oversee the improvement, beautification and maintenance of municipality owned land, buildings and structures in the area beyond that provided by the municipality and to promote the area as a business or shopping area. These BIA initiatives are financed through a special levy, which is applied to all property owners in the area who can choose to pass the cost on to the business tenants. A by-law to expand the boundaries will not be passed if: 1. Written objections are received by the City Clerk by December 29, 2019. 2. The objections have been signed by at least one -third of the total number of persons entitled to receive notice; and 3. The objections are responsible for at least one-third of the taxes levied for the purpose of the general local municipality levy on rateable property in all prescribed business property classes (industrial and commercial properties) in the new improvement area. If the by-law is passed, the revised boundary will be effective March 31, 2020. You are entitled to submit an objection to the proposed expansion if you are an owner of an industrial or commercial property in the current and proposed expanded BIA area or if you are a tenant that is required to pay a share of taxes that the owner is required to pay. Landlords of commercial or industrial properties (business operations) are required by law to provide this notice to their tenants. Objections to the proposed boundary expansion of the Victoria Centre BIA must be forwarded in writing or email to the City Clerk no later than January 29, 2020 at: Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 clerk@niagarafalls.ca Page 251 of 489 Please include the following information: Address of Property Roll Number Property Owner Name Contact Name Name of Business Identify if you are the owner or tenant If you are required to pay property tax, provide annual amount For more information, contact Bill Matson, City Clerk, at clerk@niagarafalls.ca or 905-356-7521. Notice to Landlords Landlords of commercial or industrial properties (business operations) are required by law to provide this notice to their tenants. Section 210 of the Municipal Act requires that every owner of commercial or industrial property who receives this notice shall, within 30 days after the notice was mailed: 1. Give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and 2. Give the City Clerk a list of every tenant who is required to pay all or part of the taxes on the property and include the share of the taxes that each tenant is required to pay. These requirements must be met by all landlords of commercial and industrial properties receiving this notice, no later than December 29, 2019. Further information regarding this matter may be obtained by calling the City Clerk’s department at 905-356-7521. Information about the Victoria Centre BIA can be found on the website. Dated at the City of Niagara Falls this November 29, 2019. S:\BIA\VCBIA Expansion Notice.docx Page 252 of 489 -asmmagi><%:m .,23%;mm__m.oama.=_..So96__=.=_=__ 52:84 52:1»02....”m5 E:_<_m.Go: Q2em; 029“z_mmmB_um__m z?mma_um=m.O2. UmmwE_ >mEm<8_>:32.38m_<_m_.oqm?mmnmnm_o_:m_o_.o_.mn.nEwmm<88mm?<<mmwm _ooE:m.8mxumsqEm<nm_>_oo::am1mm.8_:n_cgmEmnwoumimmEm»3m<<_E_: Emu_.o_.m2.>mEmmm:m<<ccgzmmmo<<:mB<<.___um:mm.H.403m:Em:.:_u_.o<m3m:.G. :5o:_<3:.3.:Em<Umcm:0*Em<nm_>.._.:mmm:m<<mqmmwEm<m_$=9£8_$03 Em«mamam?mm?mnmvm_3v3<m3m:.G3n_:&:m:m<<mEm<<m=$.cmznsmm.__m:::m min3.25;. _u_mmmmmmmEmmx_om:m_o:_oo::Qm1mm:63Emm?mnzmaEmum:o_Emmxu_m:m:o: Um_o<S -E8_=%%Emmum.“mam2<_n.81m><m::m__v3_om2_mmr~..»i.m28.m :o_m:En_mQmmmxmmHon_.§.,__%8_33;. -_.Em3351zm_<_m3o1m_>wm:m__u3vm_4<w32:58.mmmxmmNo:m?mnrma 323. -__Em..o3_m<.2.>::_mmEoo_m:m__v3_om:<mEmasammmqmmwo:m?mnrma :53. <<mEmsw<0:m:n_Emasno::n__+01Em23m25.no:m_o_mS:o:..o«o:« mxumzmozEm:<<___Umzmm?m__.Page 253 of 489 -2:m$5.2><m=:m ,2.32»_um__m_oaaa.=...Emea.5 __=__ ._.uoom_m?.%m~93»:_._m=._: 3uo8_==o=:___.8a«acaciaOnF9.aAw\w> 03am>g3:.§§o. <§o:mQ32m_>. noUman_<_m8o:Page 254 of 489 ‘C: '4BuslnaImpruvemultAraE 5‘ Q Clifton Hill § :‘j ';Wctnria 5 ' ——2 Tourism District "" E]Cll?an HIII Fallsview romruzsr ueen wctoria Park —'Road Z Frapertv Fame!—— "'”'Rnad spams V=—;E ¥J ="——.'¥’_&'A T 77 ‘V i .‘ll 1 _!'_' 2 t '’‘ m 3 ‘‘N 2 ... _\rn_4 /X.I1 1. gm a1VlINI'|1V H I‘ |t\J|£mss\znu9\anaun\!niurul\H2u\B1A_Twrtsn»zusnuv Page 255 of 489 L-2020-09 September 15,2020 Niagara?q!s Ana REPORT TO:Mayor James M.Diodati and Members of Municipal Council SUBMITTED BY:Legal Services SUBJECT:Questions respecting Integrity Commissioner Letter of August 7,2020 Complaint Reference Number lC—182-0220 Mayor Jim Diodati RECOMMENDATION: That this report be received for the information of Council. BACKGROUND: At its meeting of August 11,Council received the above noted letter to the City Clerk,a copy of which is attached hereto.The letter reported that it was “...determined that no contravention of the City’s Code of Conduct was committed by Mayor Diodati with respect to the matters raised in the complaint.A copy of our extensive and detailed report on this matter has been provided to the parties for their confidential information.” Following the tabling of the letter,a number of questions were raised that were referred to Staff.This report responds to the questions as follows: 1.Does the Integrity Commissioner have the discretion to issue the letter publicly to the City and provide the detailed report only to the parties for their confidential information? Yes.The Integrity Commissioner has the discretion to disclose to the municipality such matters as in his opinion are necessary according to section 223.6 (2)of the MunicipaIAct which provides as follows: 223.6 (2)Report about conduct —If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct,the Commissioner may disclose in the report such matters as in the Commissioner’s opinion are necessary for the purpose of the report. Page 256 of 489 L—2020-09 September 15,2020 Since the Integrity Commisioner acts as an independent decision—maker with respect to complaints under the Code of Conduct,the legislation gives him discretion to determine how much of the findings ought to be disclosed,It is to be noted that in cases where the Integrity Commissioner has determined that a contravention has occurred,as in a number of previous cases where the detailed report was issued publicly to the City,the Council may require the detailed report in order to assess penalties. .Can the name of the complainant be released? No.Section 223.5 (1)of the MunicipalAct provides as follows: 223.5 (1)Duty of confidentiality -—The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. As pointed out in the letter the Integrity Commissioner states that,“...under the provisions of the Municipal Act,all matters/information arising out of the investigation of a complaint under the City's Code of Conduct are to remain confidential unless,in my opinion,it is necessary to disclose same in a report to the municipality.”Accordingly,the Integrity Commissioner has instructed that the information remain confidential and has not advised the City that it is necessary, in his opinion,to disclose any part of the detailed report,including the name of the complainant,other than what has been disclosed in his letter.Additionally,the Code of Conduct itself protects the identity of the complainant,where it was given in confidence. .Currently,can the City charge a person a fee for filing a complaint under the City Council's Code of Conduct,as adopted by Council in 2017,against a member of Council who is alleged by the person filing the complaint to have contravened Council's Code of Conduct?No.Presently,neither the authorizing statute or the City's current Council Code of Conduct makes provision for such a tee to be charged.However,for the purposes of this report, the City Clerk has advised as follows: “I reached out to the Niagara Area Clerks to see which municipalities charge a fee to ?le a Code of Conduct complaint: St.Catharines:$36.90 Ft.Erie:$100.00 refundable if the complaint is found valid Hamilton:$700.00 refundable if the complaint is found valid Grimsby:$200.00 refundable if the complaint is found valid It may also be worthy to note that the Ombudsman’s O?ice states that "There should be no fee or other barrier to make a complaint to the Integrity Commissioner.Integrity Commissioners can be authorized to Page 257 of 489 L-2020-09 September 15,2020 dismiss complaints that are frivolous or vexatious”. Bill” For Council's information,there are currently provisions in Council's Code of Conduct that allow the Integrity Commissioner to dismiss a complaint in a summary (ie early)manner without an investigation if the integrity Commissioner determines at the outset of receiving the complaint that it is frivolous or vexatious or outside of his jurisdiction to decide‘ Should Council determine that it wishes to amend its Code of Conduct to include a fee for filing a complaint against a Member of Council under its Code of Conduct,it will need to provide direction on how much it wants to charge and whether the fee is to be refundable if the complaint is successful. 4.Are there any fees payable or penalties that can be imposed against an unsuccessful complainant? No.There is currently no statutory authority for the imposition of such fees or penalties. 5.What is the reason for the integrity Commissioner to investigate only matters within its jurisdiction and applicable timeframe? The Code of Conduct sets out both the types of matters which the Commissioner is empowered to investigate (i.e.the jurisdiction)and the timeframe within which a complaint must be made.These rules apply to all complaints under the Code and are critical to ensure clarity,consistency and fairness.The Commissioner is not empowered to investigate complaints regarding matters which are not regulated by the Code of Conduct in the first place.Likewise,the Code requires a complaint to be made within 60 days of the alleged violation,so that an investigation can be timely and the best evidence —including witnesses’recollections —is available and fresh,*"""" —, Recommended by: Respectfully submitted: Ken Todd,Chief Administrative Officer Attachment Page 258 of 489 L-2020-09 September 15,2020 Attachment “A” A D R.Integrity Commissioner Gf?ce C H A M B E R 5 forms City‘of Niagara Falls I‘-.ugx1:sl.3‘,1D‘3'J3} Se.-nlFags‘cm;=:i1 for ]_Li1[.Mm,.-jzrmCialy ?ask m F::]|$ '1SI:-cut,'N.'i:‘:[;xma]".f1lI:l {"31134:!‘N 4,1 1D‘ULII. 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PnlnsnlsarliIn 111.;lg;1xvi31uI1!<r::§‘lZlu:M'unlcipn!Acz and muCmlc,Ean->n>I4fin;g§)'5¥"LShin rcpcwl Ia [j‘m_mci]1[mn after .9 ml]inx-uatiglaliulaink;|?hi,5c::.1ru1pI::'l1zI,1'lElmhuun Il?lurstiflxcil fix}!1113 [midNIL M.ay|1i|l:cl'}[Iu-ulnu m:1nru-.vc~::.llnnnfthc Cmla was om1u:11El1»:.».2xby(in:rcapondunl.I»-1ety'm1JrII3IEzsl,i. Page 259 of 489 L-2020-09 September 15,2020 This ms\l‘lcr is a~::m:\:Hn|7,|ymrw cane-lluded. 'and '1'.M¢:[JunnulI lrx|'u;:}‘i[',‘L.'mm11i.4.-:ir:-n1»:u-(‘ox thu.City nfNing,1rr«{’nl3s P.S.W1,-alldyun pk:-_x1uucrml?mw‘w11mLllLi:1?nal n:gmr|i?]'.\|&Cx:I£Ion the:puhlia uppnxll-a. 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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 263 of 489 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 264 of 489 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 265 of 489 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 266 of 489 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 267 of 489 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 268 of 489 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 269 of 489 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 270 of 489 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 271 of 489 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 272 of 489 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 273 of 489 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 274 of 489 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 275 of 489 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 276 of 489 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 277 of 489 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 278 of 489 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 279 of 489 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 280 of 489 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 281 of 489 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 282 of 489 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 283 of 489 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 284 of 489 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 285 of 489 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 286 of 489 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 287 of 489 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 288 of 489 MW-2020-22 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2020-22 Whirlpool Road Multi-Use Pathway, Pedestrian Bridge and Roadway Widening Tender Award - Contract No. 2020-396-16 RECOMMENDATIONS 1. That Contract No. 2020-396-16 for the Whirlpool Road Multi-Use Pathway, Pedestrian Bridge and Roadway Widening be awarded to Rankin Construction Inc. at the bid price of $2,258,720.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize the use of $536,131 from the 2020 approved capital funding for the proposed Whirlpool Road and Niagara River Parkway Roundabout project to address the funding shortfall for this project. 4. That Council defer the Whirlpool Road and Niagara River Parkway Roundabout project and remaining budgetary allocations to be contemplated in the 2022 Capital Budget. EXECUTIVE SUMMARY City Staff have been exploring options to provide a safe linkage between the Millennium Trail at Whirlpool Road and the Niagara Parkway Recreational Trail (NPRT). Ultimately, safety is of utmost importance and therefore the best option to provide safe passage for recreational trail users was deemed to be the construction of a dedicated pedestrian bridge over the hydro canal that would serve as a direct route to the south without forcing trail users onto the active roadway. City staff worked with CIMA+ and Ellis Engineering to develop a detailed design that includes a clear-span steel truss bridge over the hydro canal and an extension of the Millennium Trail from the south side of the canal to the intersection at Whirlpool Road and Niagara River Parkway. Page 289 of 489 2 MW-2020-22 September 15, 2020 The lowest tender was submitted by Rankin Construction, Inc. in the amount of $2,258,720.00. This contractor has performed similar type projects for the City. Staff are of the opinion that this contractor is capable of successfully undertaking this project. It is recommended that Council award the tender to Rankin Construction, Inc. It is estimated that an additional $536,131 will be required to complete this capital construction project, resulting in a total Capital Budget amount of $2,588,495. It is recommended to utilize the funding approved in the 2020 Capital Budget for the proposed Whirlpool Road and Niagara River Parkway Roundabout project to address this shortfall. Furthermore, it is recommended to defer the roundabout project along with its remaining funding to the 2022 Capital Budget process. BACKGROUND City Staff have been assessing the need for various improvements along Whirlpool Road from Stanley Avenue to the Niagara River Parkway including roadway reconstruction and widening, implementation of bicycle lanes, pathway extensions, intersection improvements and trail linkages. While it was initially planned that Whirlpool Road would be reconstructed with bicycle lanes, it became apparent that recreational trail users in the community are faced with challenging circumstances when navigating through the area and that these challenges couldn’t be overcome with the implementation of bicycle lanes. The existing Millennium Trail ends at approximately the north side of the existing Whirlpool Road Bridge. Due to the location of the hydro canal, currently there is no safe or convenient way for Millennium Trail users to continue along to the nearby NPRT to the south. The only available route involves crossing the exiting vehicular overpass bridge which does not have dedicated bicycle lanes or safety measures in place for pedestrians or recreational trail users. Unfortunately, the width of the bridge is not sufficient to support two full-width lanes of traffic and bicycle lanes or pathways for trail users. City Staff have been exploring options to provide a trail linkage between these two popular recreational facilities taking into consideration user safety, property ownership and financial impacts. ANALYSIS/RATIONALE Ultimately, safety is of utmost importance and therefore the best option to provide safe passage for recreational trail users was deemed to be the construction of a dedicated pedestrian bridge over the hydro canal that would serve as a direct route to the south without forcing trail users onto the active roadway. City Staff worked with CIMA+ and Ellis Engineering to develop a detailed design that includes a clear-span steel truss bridge Page 290 of 489 3 MW-2020-22 September 15, 2020 over the hydro canal and an extension of the Millennium Trail from the south side of the canal to the intersection at Whirlpool Road and Niagara River Parkway. As it stands today, this intersection is not signalized and doesn’t offer any safe crossing opportunities for trail users that wish to continue their journey onto the NPRT. City Staff are actively working on the planning and preliminary design of a three-legged roundabout that would provide enhanced intersection control and a safe crossing location for trail users. The roundabout project is a joint effort between the City and Niagara Parks Commission (NPC). The schedule for implementation will be dependent on the availability of capital funding from both parties. In the interim, an extended granular pathway will be constructed as part of this project along the south/west side of the Niagara River Parkway from the intersection at Whirlpool Road to Victoria Avenue where there are existing traffic signals. This will provide a safe option for trail users to continue along to the NPRT until the roundabout is implemented. Due to the social distancing restrictions in place as a result of COVID-19, this tender opening was not held publicly. Tenders were received and opened by the City’s Clerks & Council Coordinator, Heather Ruzylo, and the Project Manager, Eric Lallouet, on Tuesday August 18th, 2020 at 2:00 p.m. Listed below is a summary of the tender prices, excluding HST, received from the bidders. Contractor City Tender Price Corrected Bid Rankin Construction, Inc. St. Catharines $2,258,720.00 - CRL Campbell & Drainage Ltd. Welland $2,366,528.93 - Bronte Construction Burlington $3,130,965.39 $2,839,165.83 The lowest tender was submitted by Rankin Construction, Inc. in the amount of $2,258,720.00. This contractor has performed similar type projects for the City. Staff are of the opinion that this contractor is capable of successfully undertaking this project. Capital funding for improvements on Whirlpool Road from Stanley Avenue to the Niagara River Parkway was approved in various amounts from 2016 to 2020 totaling $3,850,000. $1,475,000 of the total is to be dedicated to the roundabout project of which approximately half ($700,000) is to be contributed by the NPC. Taking into consideration the dedicated funding for the roundabout and the expenses to date, the remaining funding available for this capital project is approximately $2,026,924. Page 291 of 489 4 MW-2020-22 September 15, 2020 It is estimated that the costs of implementing this project will be as follows: Construction contract $2,258,720 Contract admin./inspection (general) $135,000 Inspection (bridge/structural) $55,000 Geotechnical testing and inspection $25,000 OPG agreements and inspection $20,000 Contingency for additional work $25,000 City share HST $44,335 Total $2,563,055 Therefore, additional capital funding in the amount of $536,131 will be required to complete this capital project. Understanding the funding issues that we are faced with going into 2021 due to the pandemic, several alternatives were explored to address the shortfall on this project, including the following: 1. Requesting additional funding from the 2021 capital budget 2. Limiting the scope of the work to the installation of the new bridge only without any road enhancements, drainage improvements, lighting or decorative features. 3. Cancellation of the tender 4. Utilizing the already approved 2020 capital funding for the proposed Whirlpool Road and Niagara River Parkway Roundabout The first three (3) alternatives mentioned above are not recommended due to budgetary and public safety issues. However, the fourth option which involves repurposing funding that has already been approved and allocated for the design and construction of a proposed roundabout at the intersection of Whirlpool Road and Niagara River Parkway is considered a viable option. The proposed roundabout is a joint effort between the City and the NPC that’s intended to be an extension or second phase of this project that would introduce traffic safety and control measures at the intersection. It will also provide and a safe and direct crossing for trail users to continue along to the Niagara Parkway Recreational Trail as opposed to using the much further Victoria Avenue signalized intersection. Due to pandemic-related funding issues, the NPC’s preference is to defer this project to 2022 or later. In order to proceed with the roundabout without the NPC’s funding contribution at this time, the City would be required to carry the entire cost of the project. Therefore, it is recommended to utilize the approved funding for the roundabout to address the shortfall on this project and defer the roundabout to 2022. Page 292 of 489 5 MW-2020-22 September 15, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The total capital project funding approved in previous years for projects on Whirlpool Road (R84) is $3,850,000. $1,475,000 of the total is to be dedicated to the roundabout project of which approximately half ($700,000) is to be contributed by the NPC. The funding available for this capital project is approximately $2,026,924. Staff recommends that additional funding in the amount of $536,131 be utilized from the 2020 approved budget for the proposed Whirlpool Road and Niagara River Parkway Roundabout Project. The total approved Capital Budget amount for the bridge and trail project would be $2,588,495. It is recommended to defer the roundabout project and remaining funding until 2022 or later. 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 accountable government practices. ATTACHMENTS: 1. Whirlpool Road Bridge and Trail Extension - Location Plan Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer E. Lallouet Page 293 of 489 Page 294 of 489 MW-2020-23 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2020-23 ICIP COVID-19 Resilience Stream Project Applications RECOMMENDATION 1. That Council direct staff to apply for Federal/Provincial funding from the ICIP COVID-19 Resilience Stream for the following projects: a. Millennium Trail Construction, Section 2, McLeod Road to Chippawa Parkway - $1,500,000 b. Municipal Service Centre HVAC Replacement - $1,000,000 EXECUTIVE SUMMARY In light of the many challenges Municipalities have encountered as a result of the COVID- 19 pandemic, the Government of Canada has announced an adaptation of the current Investing in Canada Infrastructure Program (ICIP) to add some flexibilities, expand project eligibility and accelerate approvals. Subject to change a result of future program details yet to be announced by the Province of Ontario, Staff are currently recommending to apply to the ICIP COVID-19 Resilience Stream for two projects that fit the eligibility criteria: Construction of the Millennium Trail, Section 2 between McLeod Road and Chippawa Parkway ($1,500,000) and the Replacement of the Municipal Service Centre HVAC ($1,000,000) BACKGROUND In early August 2020 the Government of Canada announced it is adapting the Investing in Canada Infrastructure Program (ICIP) to respond to the impacts of COVID-19. The Program, delivered through bilateral agreements with provinces and territories, is being adjusted to add some flexibilities, expand project eligibility and accelerate approvals. The new stream will support the following types of projects: Page 295 of 489 2 MW-2020-23 September 15, 2020 Retrofits, repairs and upgrades for municipal, territorial, provincial and Indigenous buildings, health infrastructure and schools; COVID-19 response infrastructure, including measures to support physical distancing; Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths; and Disaster mitigation and adaptation projects, including natural infrastructure, flood and fire mitigation, and tree planting and related infrastructure. The stream supports near-term, quick-start projects and projects must start no later than September 30, 2021 and be completed by the end of 2021. ANALYSIS/RATIONALE At the time of preparation of this report, the Province of Ontario has yet to publish program details or application details. Yet, Staff have reviewed the available guidance (see Attachment 1) and have spoken to the Provincial program coordinator in order to gain as much knowledge of the program and eligibility restrictions as possible. Keeping in mind the very tight starting and completion timeframes, Staff have identified the following two “shovel-ready” projects that best fit the program eligibility criteria: a. Millennium Trail Construction, Section 2, McLeod Road to Chippawa Parkway. $1,500,000 b. Municipal Service Centre HVAC Replacement - $1,000,000 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The details of the eligible grant breakdowns are presently unknown, but expected to be similar to previous ICIP arrangements requiring between 20% and 33% municipal contributions. If successful under the ICIP COVID-19 intake, additional budgetary allocation will be required from Council in the range of $500,000 to $825,000. And if successful, decisions regarding these potential future budgetary allocations will be brought back to Council at a later date. 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 accountable government practices. Page 296 of 489 3 MW-2020-23 September 15, 2020 LIST OF ATTACHMENTS Attachment 1 – ICIP COVID-19 Resilience Stream Program Information Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 297 of 489 8/31/2020 Infrastructure Canada - Investing in COVID-19 Community Resilience https://www.infrastructure.gc.ca/plan/covid-19-resilience-eng.html 1/4 Canada.ca Infrastructure Canada Investing in Canada plan About the Investing in Canada plan >> > Investing in COVID-19 Community Resilience On this page Investing in Canada Infrastructure Program: COVID-19 Resilience stream Project size and cost sharing Eligible infrastructure projects How to apply Other flexibilities in response to COVID-19 The Government of Canada is adapting the Investing in Canada Infrastructure Program to respond to the impacts of COVID-19. The Program, delivered through bilateral agreements with provinces and territories, is being adjusted to add some flexibilities, expand project eligibility and accelerate approvals. Investing in Canada Infrastructure Program: COVID-19 Resilience stream Page 298 of 489 8/31/2020 Infrastructure Canada - Investing in COVID-19 Community Resilience https://www.infrastructure.gc.ca/plan/covid-19-resilience-eng.html 2/4 A new temporary COVID-19 Resilience stream, with over $3 billion available in existing funding, has been created to provide provinces and territories with added flexibility to fund quick-start, short-term projects that might not otherwise be eligible under the existing funding streams. The flexibility to transfer up to 10 percent of original stream allocations to the new COVID-19 Resilience stream to help mobilize their remaining funds under the Investing in Canada Infrastructure Program. An accelerated approvals process that will enable provinces and territories to submit multiple projects at a time, with a single simplified application that streamlines program requirements and reduces upfront administrative burdens, to ensure that communities can start work on their projects as soon as possible. Project size and cost sharing The maximum size of projects under the stream is set at $10M total eligible costs. For projects under the COVID-19 Resilience stream, the maximum federal contribution from all sources will be: Up to 80% for provinces, municipalities and not-for-profit organizations in the provinces Up to 100% for territories, municipalities and not-for-profit organizations in the territories Up to 100% for Indigenous ultimate recipients in provinces and territories Up to 25% for for-profit private sector ultimate recipients Page 299 of 489 8/31/2020 Infrastructure Canada - Investing in COVID-19 Community Resilience https://www.infrastructure.gc.ca/plan/covid-19-resilience-eng.html 3/4 Eligible infrastructure projects The new stream will support the following types of projects: Retrofits, repairs and upgrades for municipal, territorial, provincial and Indigenous buildings, health infrastructure and schools; COVID-19 response infrastructure, including measures to support physical distancing; Active transportation infrastructure, including parks, trails, foot bridges, bike lanes and multi-use paths; and Disaster mitigation and adaptation projects, including natural infrastructure, flood and fire mitigation, and tree planting and related infrastructure. The stream supports near-term, quick- start projects and projects must respect the following timeframes: Construction must start no later than September 30, 2021; and, Projects must be completed by the end of 2021, or by the end of 2022 in the territories and in remote communities. How to apply Projects submitted for approval under the COVID-19 Resilience stream are first prioritized by the province or territory and then submitted to Infrastructure Canada. Page 300 of 489 8/31/2020 Infrastructure Canada - Investing in COVID-19 Community Resilience https://www.infrastructure.gc.ca/plan/covid-19-resilience-eng.html 4/4 Date modified: 2020-08-19 Text version *Applicants are encouraged to reach out to the existing provincial and territorial ministries that deliver on the other Investing in Canada Program streams on prioritization of projects. **Funds are delivered to provinces and territories through their bilateral agreements with Infrastructure Canada, which must be amended before project lists can be submitted. Other flexibilities in response to COVID-19 In addition to the COVID-19 Resilience stream, other flexibilities have been introduced under the Investing in Canada Infrastructure Program to help accelerate the launch of new projects, including: The addition of more eligible project categories to the existing program streams so that provinces, territories and municipalities can continue to invest in the infrastructure that is most important to them. The streamlining of some administrative requirements to support more timely reviews and approvals. Page 301 of 489 PBD-2020-61 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-61 AM-2015-011, Exemption Request to 2-Year Waiting Period for Minor Variance 4552 Portage Road Sleek Developments Plan of Vacant Land Condominium Owner: Sleek Developments Inc. Agent: Jennifer Vida, Upper Canada Consulting RECOMMENDATION That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Sleek Developments Inc. to file an application to the City’s Committee of Adjustment for their Plan of Vacant Land Condominium. EXECUTIVE SUMMARY The Smart Growth for Our Communities Act, 2015 established a 2-year waiting period between an applicant-initiated site-specific rezoning of a property and a minor variance application. The intent of the new 2-year waiting period is to provide greater control to Council which will determine whether it is appropriate for the Committee of Adjustment to alter recent zoning by-laws through the minor variance process. If Council allows an application to the Committee of Adjustment, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit a privately-initiated application would simply mean that they are satisfied that the zoning regulations can be reviewed and varied by the Committee of Adjustment. Sleek Developments Inc. is requesting Council to consider passing a resolution that would allow them to file an application to the City’s Committee of Adjustment for the their Plan of Vacant Land Condominium. The applicable zoning by-law was passed January 15, 2019. Page 302 of 489 2 PBD-2020-61 September 15, 2020 BACKGROUND Proposal On November 28, 2018, The Ontario Municipal Board (OMB) approved a zoning by-law to rezone lands shown on Schedule 1 to a site specific Residential Low Density, Grouped Multiple Dwellings (R4-1060) zone. This zoning permits townhouse dwellings on the subject land. Council passed By-law No. 2019-001 on January 15, 2019. On June 19, 2018, Council approved a Plan of Vacant Land Condominium application to divide the lands into 96 units for townhouse dwelling units. The applicant is working with a new home builder, who has is proposing to increase the number of units from 96 to 113. This proposed increase will require an adjustment to the site specific lot area per dwelling unit regulation (density). In addition, the applicant intends to request relief from the minimum building setback from a private lane to accommodate the proposed design of one of the units. The applicant intends to pursue a minor variance application to adjust these regulations. Schedule 2 shows the proposed units. A separate request to modify the draft plan approval has been submitted and will be brought to Council for consideration at a future Council date. In order to request the City’s Committee of Adjustment to consider the desired variance s, the applicant requires Council pass a resolution granting an exemption to the 2 -year waiting period. Planning Changes The Smart Growth for Our Communities Act, 2015 received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period for minor variance applications. This means minor variance applications are not permitted for two years following a privately-initiated site-specific rezoning of a property. The intent of the new 2-year waiting period is to provide greater control to Council to prevent zoning provisions that Council determined to be appropriate from being reversed or altered through the minor variance process for 2 years. Notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides Council with the ability to allow applications to be filed for minor variances by passing a resolution. If Council passes the resolution, the normal Planning Act requirements for a public hearing, notice and appeal rights still apply. Council’s decision to permit applications would simply mean that they are satisfied that the zoning regulations it implemented can be reviewed and varied by the Committee of Adjustment. ANALYSIS The applicant is requesting Council to consider passing a resolution that would permit them to request the City’s Committee of Adjustment to vary zoning regulations that were approved for the proposed development. The variance application that the applicant wishes to pursue would reduce the minimum lot area per dwelling unit regulation to allow for more Page 303 of 489 3 PBD-2020-61 September 15, 2020 units on the property and reduce the minimum building setback from a private lane regulation for one of the dwelling units. Staff note that nearly two years have already passed since the site specific zoning was approved. There would be no benefit to maintain the 4 months remaining in the waiting period before the filing of a minor variance application in this case. A resolution is included in tonight’s Council agenda. Should Council adopt the resolution, the owner will be able to make their request to the Committee of Adjustment for the desired variance. The standard Planning Act procedures for notification, public hearing and satisfying the four tests would apply to the minor variance application. Last year, Council granted a similar request to the applicant which permitted them to pursue a minor variance to permit roofed over porches to be constructed in the privacy yards of the townhouse units. CITY’S STRATEGIC COMMITMENT Removal of the 2-year waiting period will allow the developer to file an application with the City’s Committee of Adjustment and expedite the request in an efficient time period. 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 ABryce Attach. S:\PDR\2019\PBD-2019-60, AM-2015-011, Two- Year Waiting Period Exemption Request, 4552 Portage Road.docx Page 304 of 489 4 PBD-2020-61 September 15, 2020 SCHEDULE 1 Page 305 of 489 5 PBD-2020-61 September 15, 2020 SCHEDULE 2 Page 306 of 489 The City of Niagara Falls, Ontario Resolution September 15, 2020 No. _________ Moved by: Seconded by: WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance applications are not permitted for two years following an applicant-initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS Sleek Developments Inc. requested Council to consider passing a resolution that would permit them to file an application to the City’s Committee of Adjustment in regards to applicant-initiated site specific By-law No. 2019-01 that was passed by Council in 2019; and WHEREAS Council determined that a minor variance that would permit Sleek Developments Inc. to vary the minimum lot area per dwelling unit to permit additional dwelling units and vary the minimum building setback from a private lane to accommodate the proposed design of one of the units in their Plan of Vacant Land Condominium, does not undermine Council’s original intention when it passed By-law No. 2019-01. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2 -year waiting period for minor variances and thereby allows Sleek Developments Inc. to file an application to the City’s Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2019-01. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2015\AM-011\Resolution 2 AM-2015-011.docx Page 307 of 489 PBD-2020-62 September 15, 2020 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-62 Extension Interim Control By-law To Review and Study Cannabis Cultivation, Production & Processing RECOMMENDATIONS That Council pass a by-law to extend the effective period of By-law 2019-76 to allow the review and study of cannabis cultivation, production and processing. EXECUTIVE SUMMARY In June 2019, Council passed Interim Control By-law 2019-76 to allow for the review and study of cannabis cultivation, production and processing. The interim control by-law has the effect of prohibiting the aforementioned uses within certain zones in Zoning By-law No. 79- 200; Bylaw No. 395/66 and By-law No. 1538/1958. The effective period was 1 year from June 25, 2019. The firm of SGL Planning & Design Inc. was hired to undertake the review and study. A background study was produced in early 2020. However, the consultant’s ability to present the options identified in the background to the public was interrupted by the passing of Provincial legislation suspending the gathering of large numbers of people due to the Covid - 19 pandemic. The Province also suspended legislative timelines in the Planning Act and Regulations. The suspension ran for a period of approximately 14 weeks. Thus the expiry of the interim control by-law was extended by the same time period (late September). The Planning Act provides that Council can extend the interim control by-law by an additional year. The extension of interim control by-law would allow for the completion of the study. BACKGROUND With the legalization of recreational cannabis in Canada/Ontario, the City began to experience greater demand for producing and processing cannabis and bi-products including both indoor and outdoor cultivation. The zoning by-laws do not contain any specific provisions for the cannabis facilities. It was determined that a study should be undertaken. Council passed Interim Control By-law No. 2019-76 which prohibits the cultivation, production and processing of cannabis (except for plants as allowed by legislation for personal use). The interim control by-law affects the Agricultural, Rural, Open Space, Hazard Land, Development Holding or Environmental Protection zones of By-law No. 79-200; and the Rural or Conservation Open Space zones of By-law No. 395-66 (Willoughby); and the Rural Agricultural zone of By-law No 1538/1958 (Crowland). Page 308 of 489 2 PBD-2020-62 September 15, 2020 The Planning Act, Section 38, allows the City to pass an interim control by-law for a period of up to 1 year to review or study land use in the municipality. The legislation allows the by-law to be amended to extend the period of time the study will be in effect. The total time period is not to exceed 2 years. The interim control by-law was due to expire June 25, 2020. However, because the Province suspended legislated time lines under the Planning Act and Regulations for a period of 14 weeks (approximately), the by-law would not expire until September 25, 2020. The study is not yet complete. The City hired the firm of SGL Planning & Design Inc. to undertake the cannabis study and review. A background report was produced early in 2020 with a presentation of options to the public planned for March. However, due to Provincial shut down which prohibited large gatherings, work on the study was put in abeyance. Although groups of up to 50 people may now meet, the Planning Department has names if interested individuals in excess of 85 people and it is anticipated an open public house would generate an even larger attendance. The consultant has been working with the City’s communication office to conduct public input through an on-line survey through the City’s website. It is anticipated this will be up and running in the near future. Once the input of the public is obtained a full presentation will be made to City Council. The final phases of the study and recommendations are anticipated a few months following the presentation to Council. The extension of the interim control by-law for an additional year should be provide more than enough time to complete the study and revie w. A by-law to extend the interim control by-law is on tonight’s Council agenda. FINANCIAL IMPLICATIONS There are no financial implications associated with the extension of the interim control by- law. CITY’S STRATEGIC COMMITMENT The study will lead to the review and updating of plans and policies to provide contemporary directions which will support a Vibrant and Diverse Economy. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer AHerlovitch:gd S:\PDR\2020\PBD-2020-62, Extension Interim Control By-law.docx Page 309 of 489 PBD-2020-63 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-63 SPC-2009-007 Wellness Suites 5698 Main Street Applicant: Nick Vaccaro Exemption to Plan of Condominium RECOMMENDATION It is recommended: 1. That Council approve the Certificate of Exemption (Schedule 4) from draft plan approval of condominium for 5698 Main Street, in accordance with Section 9 (7) of the Condominium Act, 1998; and 2. That the Certificate of Exemption be include on the final condominium plans submitted to the City. EXECUTIVE SUMMARY The subject property (See Schedule 1) has site specific zoning which permits a 9 storey retirement home and clinic together with accessory buildings and structures. The zoning by-law, as varied by the Committee of Adjustment provides for 80 dwelling units and 22 private living units together with clinic and treatment areas, rehabilita tion space, private dining room and recreational facilities among other uses. The applicant wishes to sell individual units within the building. He has requested an exemption from draft plan approval under the provisions in the Condominium Act, 1998, which, provides a mechanism to proceed directly to final approval where all relevant planning considerations have been satisfied. The property is subject to a municipal Site Plan Agreement (see Schedule 2) which governs the development of the site including bu ilding location, driveways and parking, landscaped areas, servicing and site services, among other things. The building is nearing the final stages of construction. Staff has reviewed the standard development requirements and found that all planning considerations. All aspects of development including site works, servicing, landscaping and vehicle access have been met through the Site Plan approval process. Sufficient securities remain in place to ensure all on-site works are completed. Therefore, staff can support the request for exemption from draft plan of condominium. Page 310 of 489 2 PBD-2020-63 September 15, 2020 BACKGROUND The subject property is subject to Official Plan Special Policy Area “59” and to Zoning By- law No. 2008-162 which permit a 10 storey retirement home and clinic together with accessory buildings and structures. The By-law, as varied by the Committee of Adjustment (A-2017-020) provides for 80 dwelling units and 22 private living units. The building also incorporates clinic and treatment areas, rehabilitation space, private dining room, recreational facilities and amenity space. The applicant wishes to sell individual units within the building under condominium ownership. He has requested an exemption from draft plan approval. Provisions in the Condominium Act, 1998, provide a mechanism to proceeding directly to final approval where all relevant planning considerations have been reviewed and found to be acceptable. The property is being developed in accordance with a registered Site Plan Agreement (see Schedule 2) which governs the development of the site including building location, driveways and parking, landscaped areas, servicing, site services, among other things. The building is nearing the final stages of construction (see Schedule 3). ANALYSIS/RATIONALE The Condominium Act, 1998, Section 9. (8), contains provisions permitting an application for a plan of condominium to proceed directly to final approval, thereby by-passing the draft plan approval requirements. The municipality must be satisfied that criteria of Section 51 of the Planning Act have been met. This includes: conformity with the Official Plan; the suitability of the land for the intended purpose; land use restrictions; and adequacy of municipal services, among other matters. The property was rezoned in 2008 for the current use. The development is being constructed in compliance with the land use regulations. During the Site Plan Approval process, the development was reviewed with regard to the adequacy of the road network and site servicing requirements. The Site Plan Agreement is registered on the property and transfers with the title of the property. Sufficient financial deposits are held by the City to ensure on-site works will be completed to the City’s satisfaction. Staff has reviewed the standard development requirements and found that through the Site Plan approval process, all aspects of development including site works, servicing, landscaping and vehicle access were addressed. Sufficient securities remain in place to ensure all on-site works are completed. Therefore, staff can support the request for exemption from draft plan of condominium and the final plans be “stamped” as shown on Schedule 4. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The property is not subject to the City’s parkland dedication by-laws as the lands are not designated Residential in the Official Plan and are not within a Tourist Commercial zone. Therefore, there is no parkland dedication fee due to the City. The owner shall be Page 311 of 489 3 PBD-2020-63 September 15, 2020 responsible for the City’s fees for preparation of agreements (if any) and for the costs of registration CITY’S STRATEGIC COMMITMENT The proposal is contributes to a diverse housing market in the City. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Front Exterior Rendering Schedule 4 – Municipal Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2020\PBD-2020-63, Exemption from Condominium Approval, 5698 Main St.docx Page 312 of 489 4 PBD-2020-63 September 15, 2020 SCHEDULE 1 LOCATION MAP Page 313 of 489 5 PBD-2020-63 September 15, 2020 SCHEDULE 2 SITE PLAN Page 314 of 489 6 PBD-2020-63 September 15, 2020 SCHEDULE 3 FRONT EXTERIOR RENDERING Page 315 of 489 7 PBD-2020-63 September 15, 2020 SCHEDULE 4 MUNICIPAL APPROVAL CERTIFICATE OF EXEMPTION PARTS 1 AND 2 APPROVED AND PART 3 EXEMPTED UNDER SECTION 51 OF THE PLANNING ACT AND SECTION 9 OF THE CONDOMINIUM ACT, 1998. THIS _____ DAY OF ____________________ 2020. Jim Diodati, Mayor City of Niagara Falls Page 316 of 489 R&C-2020-12 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2020-12 Canada Summer Games Venue Use Agreement RECOMMENDATION To direct staff to enter into a Venue Use Agreement for the use of Oakes Park for the Canada Summer Games 2021. EXECUTIVE SUMMARY At the November 28, 2017 Council meeting, report R&C-2017-13 was approved to allow staff to enter into a revised non-binding Memorandum of Understanding (MOU) with the Canada Summer Games 2021 Host Society for the use of Oakes Park for the baseball competition. The 2021 Canada Summer Games will be held throughout the Niagara Region in August, 2021. For approximately seven days, Oakes Park will host the baseball competition. The City has agreed to upgrade Oakes Park dugouts, bull pens and fencing to adhere to the required technical specifications. Canada Games will contribute 50% ($45,000) of the costs to upgrade the park to meet technical standards. The Venue Use Agreement outlines the required services the City is to provide during the Games. Services include janitorial and park maintenance, security services, waste management and the provision of utilities. During the Games, parking and grounds will be permitted for the exclusive use of the Canada Summer Games. Signage will be installed at the park entrance and throughout the park. The Host Society will work cooperatively with existing concession provider to sell food and beverages. BACKGROUND The Canada Summer Games 2021 will be hosted throughout the Niagara Region. The two week long Games are expected to attract thousands of athletes and spectators to the region. Page 317 of 489 2 R&C-2020-12 September 15, 2020 ANALYSIS/RATIONALE Oakes Park is one of City’s oldest and best outdoor facilities. The required technical and enhanced improvements to the baseball diamond and park will benefit athletes and the community. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Canada Summer Games Host Society has agreed to provide Commercial General Liability Insurance satisfactory to the Owner and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury, will provide five million dollars ($5,000,000)/occurrence with an aggregate of not less than five million dollars ($5,000,000), will also add the City as an additional insured with respect to the operations of the Named Insured. Policy will contain a provision for cross liability and severability of interest in respect of the Named Insured CITY’S STRATEGIC COMMITMENT The recommendations contained within this report are consistent with the Council’s Strategic Priorities to promote economic vitality, financial stability and customer service. ATTACHMENT 1. Canada Summer Games Venue Use Agreement Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 318 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 1 This VENUE USE AGREEMENT is dated as of and effective May 15, 2020 (the “Effective Date”). BETWEEN: AND WHEREAS 2021 CANADA GAMES HOST SOCIETY INC. (the "Host Society") CITY OF NIAGARA FALLS (the “Licensor”) A. The Host Society is organizing the 2021 Canada Games which will be hosted in the Niagara region from August 6 to 22, 2021; B. The Licensor owns the lands, buildings and/or facilities commonly known as Oakes Park and located at 5700 Morrison Street, Niagara Falls ON L2E 2E9; and C. The Licensor wishes to make available, and the Host Society wishes to use such lands, buildings and/or facilities for the 2021 Canada Games. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS 1.1 Definitions - For the purposes of this Agreement and the Schedules attached hereto, the following terms shall have the following meanings: “Agreement” means this Venue Use Agreement and the Schedules attached hereto, as may be amended from time to time in accordance with the terms hereof; “Games” means the 2021 Canada Games; “Games Period” means the period that the Venue will be used for the Games as described in Schedule B - Venue Access, and such reasonable period as is necessary to commission and decommission the Venue for such use; Page 319 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 2 “Party or Parties” means a party or parties, respectively, to this Agreement; and “Venue” means those lands, buildings and/or facilities owned by the Licensor and described in Schedule A – Venue Description, together with such ancillary facilities, furniture, fixtures and equipment as are necessary for the general services identified in Schedule A and the Host Society’s other reasonable purposes. 2. GRANT OF LICENSE 2.1. Games Period Use - The Licensor hereby grants to the Host Society an exclusive license to use the Venue for the Games Period. The Licensor acknowledges and agrees that the Games Period described in Schedule B - Venue Access is subject to change. 2.2. Pre and Post Games Period Activities – The Licensor hereby grants the Host Society a non-exclusive license to use the Venue before and after the Games Period for activities related to the Games such as promotion and planning of the Games. The Host Society shall provide reasonable notice to the Licensor regarding any such proposed activities and, provided that no contractual or operational conflict is anticipated, the Licensor will allow the Host Society to access and use the Venue for any such activities. 2.3. Venue Modifications - The Licensor shall provide the Host Society access to the Venue before and after the Games Period to undertake the improvements, alterations, modifications, renovations and fit-out to the Venue described in Schedule C – Venue Modifications, and to return the Venue to its same condition, reasonable wear and tear excepted, or to such other condition described in Schedule C – Venue Modifications. The Licensor acknowledges and agrees that the Venue Fit-Out Plan referred to in section 5 of this Agreement may change the Venue Modifications described in Schedule C, the Venue Access described in Schedule B, and the Venue Description in Schedule A. 2.4. Test Events – The Parties acknowledge that the Host Society may also require use of the Venue before the Games Period for events to test any venue modifications or permanent upgrades, or the readiness of the Venue or the Host Society to host the Games. The Host Society shall provid e reasonable notice to the Licensor regarding any such proposed test event and, provided that no contractual or operational conflict is anticipated, the Licensor will allow the Host Society to access and use the Venue for any such test event. 2.5. Costs – The Host Society shall be entitled to the rights for access and use of the Venue granted in this Agreement for no fees and at no cost other than as expressly provided for in this Agreement. The Page 320 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 3 Licensor shall be responsible for all normal operating and utility costs attributable to the operation of the Venue, including property taxes, janitorial and housekeeping costs, security costs, environmental management and waste recycling, collection and disposal costs, provision of WiFi sufficient for Games-time needs, electrical power, heating, water, ventilation and air conditioning costs, and maintenance and repair costs that the Licensor or its operator would normally incur in the operation of the Venue. The Host Society shall be responsible for any incremental costs for additional services attributable to the use of the Venue by the Host Society during the Games Period that fall outside the Licensor’s normal operating and utility costs and are expressly described in Schedule D – Costs. The Host Society shall also be responsible for any repair costs to the Venue and its contents due to damage attributable to the use of the Venue by the Host Society during the Games Period, except for reasonable wear and tear. The Host Society shall have the option to enter into agreements independently of the Licensor in relation to the Host Society’s use of the Venue as it considers necessary. 2.6. Costs for Permanent Upgrades - The Host Society agrees to contribute 50% of the reasonable direct costs of the Licensor to undertake and complete the upgrades to the Venue as required by section 5.2 and Schedule C of this Agreement, provided that the Host Society’s contribution to such costs shall not exceed $45,000 (Cdn). Without limiting the generality of the foregoing, such direct costs shall not include any applicable taxes paid by the Licensor for such upgrades. 3. SERVICES AND MAINTENANCE 3.1. Janitorial and Housekeeping Services - The Licensor shall provide janitorial and housekeeping services for the Venue during the Games Period in line with the level of service that the Licensor would normally provide for its own operations. With the prior consent of the Licensor, which consent shall not be unreasonably withheld, such janitorial and housekeeping services may be rescheduled by the Host Society to accommodate Games activities during the Games Period. The Host Society shall be responsible for any incremental costs for additional janitorial and housekeeping services attributable to the use of the Venue by the Host Society during the Games Period that fall outside the Licensor’s normal operating costs and are expressly described in Schedule D – Costs, and for any costs for any additional janitorial and housekeeping services the Host Society provides. The Host Society and the Licensor shall work together to ensure that any such additional janitorial and housekeeping services provided by the Host Society complement the janitorial and housekeeping services normally provided at the Venue. 3.2. Security Services – The Licensor shall provide security services for the Venue during the Games Period in line with the level of service that the Licensor would normally provide for its own operations. With the prior consent of the Licensor, which consent shall not be unreasonably Page 321 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 4 withheld, such security services may be rescheduled by the Host Society to accommodate Games activities during the Games Period. The Host Society shall be responsible for any incremental costs for additional security services attributable to the use of the Venue by the Host Society during the Games Period that fall outside the Licensor’s normal operating costs and are expressly described in Schedule D – Costs, and for any costs for any additional security services the Host Society provides. The Host Society and the Licensor shall work together to ensure that any such additional security services provided by the Host Society complement the security services normally provided at the Venue. 3.3. Environmental Management and Waste Services – The Licensor shall provide environmental management and waste recycling, collection and disposal services for the Venue during the Games Period in line with the level of service that the Licensor would normally provide for its own operations. With the prior consent of the Licensor, which consent shall not be unreasonably withheld, such environmental management and waste recycling, collection and disposal services may be rescheduled by the Host Society to accommodate Games activities during the Games Period. The Host Society shall be responsible for any incremental costs for additional environmental management and waste recycling, collection and disposal services attributable to the use of the Venue by the Host Society during the Games Period that fall outside the Licensor’s normal operating costs and are expressly described in Schedule D – Costs, and for any costs for any additional environmental management and waste recycling, collection and disposal services the Host Society provides. The Host Society and the Licensor shall work together to ensure that any such additional environmental management and waste recycling, collection and disposal services provided by the Host Society complement the environmental management and waste recycling, collection and disposal services normally provided at the Venue. 3.4. Heating, Water, Ventilation and Air Conditioning - The Licensor shall provide heating, water, ventilation and air conditioning for the Venue during the Games Period in line with the levels that the Licensor would normally provide for its own operations. The Host Society shall be responsible for any incremental costs for additional heating, water, ventilation and air conditioning attributable to the use of the Venue by the Host Society during the Games Period that fall outside the Licensor’s normal operating costs and are expressly described in Schedule D – Costs. 3.5. Maintenance and Repair – The Licensor shall maintain and repair the systems, facilities, and equipment necessary for the proper operation of the Venue to ensure continuous, reliable and normal operation during the Games Period, and shall be responsible for all costs of maintaining and repairing such systems, facilities and equipment during the Games Period. The Licensor shall ensure that the Venue and the systems, facilities, and equipment necessary for the proper operation of the Page 322 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 5 Venue comply with all applicable laws, including all applicable fire and building codes. The Licensor shall provide the Host Society will access to all relevant plans for the Venue and its proper operation including all relevant emergency plans. 3.6. Labour - In accordance with a mutually acceptable work plan, the Licensor’s operating staff at the Venue may be supplemented during the Games Period by the Host Society’s staff, volunteers and contracted service providers. The Host Society acknowledges the Licensor's legal obligations as an employer, and agrees to accommodate any labour relations or other regulatory implications in the development and implementation of any such work plan. The Host Society shall be responsible for training its staff and volunteers to comply with any applicable statutory and reasonable Licensor requirements. 4. FURNITURE, FIXTURES, EQUIPMENT AND STORAGE 4.1. Furniture, Fixtures and Equipment Use – During the Games Period, the Host Society shall be entitled to use all fixtures, furnishings and equipment normally situated in the common public areas and other areas of the Venue to be used by the Host Society. The Licensor has the discretion, acting reasonably, to identify any furniture, fixtures or equipment that it deems non-available for use by the Host Society during the Games Period in Schedule A – Venue Description or the Venue Fit-Out Plan referred to in section 5 of this Agreement. So far as practicable, the Licensor shall also provide the Host Society with use of all storage facilities at the Venue during the Games Period. The Host Society shall be entitled to the use of such furniture, fixtures and equipment and such storage facilities at the Venue for no fees and at no cost other than as expressly provided for in this Agreement. 4.2. Condition of Furniture, Fixtures and Equipment – Prior to and after the Games Period, the Host Society and the Licensor shall assess the furniture, fixtures and equipment used at the Venue during the Games Period to establish an agreed upon inventory and record regarding the condition of such furniture, fixtures and equipment. The Host Society will be responsible for any loss or damage to such furniture, fixtures and equipment attributable to the use of the Venue by the Host Society during the Games Period, except for reasonable wear and tear, provided that any such loss or damage is identified by such inventory and record. 5. VENUE MODIFICATIONS AND FIT-OUT 5.1. Modifications – The Host Society has the right to undertake the improvements, alterations, modifications, renovations and fit-out to the Venue described in Schedule C – Venue Modifications. 5.2. Permanent Upgrades - The Licensor agrees that, prior to the Games Period, it will undertake and Page 323 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 6 complete the upgrades required for the Venue to meet the 2021 Canada Games Sport Venue Standards for baseball described in Schedule C - Venue Modifications to the reasonable satisfaction of the Host Society. 5.3. Venue Fit-Out Plan - Subsequent to the execution of this Agreement, a fit-out plan (the "Venue Fit-Out Plan") shall be developed by the Host Society which shall describe in greater detail the improvements, alterations, modifications, renovations, fit-out and permanent upgrades to the Venue described in Schedule C – Venue Modifications, including the Venue spaces, temporary structures and planned uses during the Games Period and the commissioning and decommissioning of those Venue spaces and temporary structures. The Venue Fit-Out Plan shall be subject to the prior consent of the Licensor, which consent shall not be unreasonably withheld. 5.4. Modifications to Accommodate Accessibility - The Licensor acknowledges that the Host Society is committed to the integration of physically-challenged athletes, volunteers and spectators into the Venue where appropriate. The Licensor shall permit the Host Society to undertake accessibility inspections of the Venue and to undertake such reasonable improvements, alterations, modifications, renovations and fit-out to the Venue to support such accessibility initiatives as described in the Venue Fit-Out Plan. 5.5. Return of Venue – Excluding the permanent upgrades and any permitted improvements, alterations, modifications or renovations which the Host Society and Licensor intend to be permanent and to remain part of the Venue as described in Schedule C – Venue Modifications or the Venue Fit-Out Plan, the Host Society shall return the Venue following the Games Period to the Licensor in the same condition as when it took possession, reasonable wear and tear excepted. 6. ENVIRONMENT 6.1. Smoke-Free Environment - The Host Society and the Licensor shall adhere to a smoke -free environment at the Venue during the Games Period. Smoking areas at the Venue may be designated pursuant to applicable laws. In addition, the Licensor shall not sell, advertise, promote or exhibit tobacco products in any location at the Venue which is accessible to athletes at the Games. 7. PARKING 7.1 Security Controls and Signage Requirements – During the Games Period, the Host Society shall have the right to erect and maintain, at its own cost, parking signage and security controls for those parking areas at the Venue described in Schedule A – Venue Description, Schedule C – Venue Modifications or the Venue Fit-Out Plan. Page 324 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 7 8. SIGNAGE 8.1. Venue Identification Signage - The Host Society shall have the right to install at, on or in the Venue any signage identifying the Venue as a venue for the Games at its own cost. 8.2. Other Signage - The Host Society shall also have the right to install at, on or in the Venue any interior or exterior signs, banners, posters, flags or displays (electronic or otherwise) for any pageantry, operational, way-finding, promotional, sponsorship, advertising or other purposes related to hosting the Games at its own cost. 8.3. Notice and Timing - The Venue Fit-Out Plan developed by the Host Society shall generally describe the signage which the Host Society plans to install at, on or in the Venue, and the schedule for the installation of such signage in advance of the Games Period and the removal of such signage after the Games Period. 8.4. Coverage of Existing Signage - The Host Society shall have the right and sole discretion to identify any existing signage at, on or in the Venue that will be covered or removed during the Games Period. Provided the Host Society has given advance notice to the Licensor, the Host Society may cover or remove any such identified signage. 9. TECHNOLOGICAL AND COMMUNICATION REQUIREMENTS 9.1. Technology Additions - The Host Society may install at the Venue additional telephone, internet, computer or other technology or communications equipment or systems for its use during the Games Period at its own cost. The Venue Fit-Out Plan developed by the Host Society shall generally describe such technology additions and the schedule for their installation in advance of the Games Period and removal after the Games Period. 10. TICKETING AND OTHER REVENUE GENERATION 10.1 Ticket Sales and Other Revenue Generation - Except as otherwise provided in this Agreement, the Host Society shall have the exclusive right to all commercial benefits of the Games in relation to its use of the Venue including, without limitation, the exclusive right: 10.1.1. to sell tickets of admission to Games events via the Games ticketing platform(s) and to levy other charges on persons attending the Games; 10.1.2. to solicit the contribution or donation of funds, goods or services through sponsorship; 10.1.3. to license, manufacture and sell Games-related merchandise; and 10.1.4. to all gaming activities including 50/50 tickets, lottery tickets and casino gaming. Page 325 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 8 10.2. Entry - The Licensor agrees and acknowledges that it shall not charge any person for entry to the Venue or for use of the Venue during the Games Period. 11. VENUE/SPORT LEGACY 11.1. Venue/Sport Legacy Agreement – Subsequent to the execution of this Agreement, the Parties agree that they may enter into negotiations regarding a Venue/Sport Legacy Agreement in relation to the Venue. The Licensor agrees that it will undertake any such negotiations in good faith. 12. VENUE TEAM 12.1. Venue Team Lead - The Licensor acknowledges that the Host Society shall designate a person to act as the lead (the ''Venue Team Lead”) for the Host Society team responsible for managing the operations at the Venue during the Games Period. Host Society volunteers and staff working at the Venue during the Games Period shall be responsible to and shall accept direction from the Venue Team Lead. During the Games Period, any Licensor concerns regarding operational matters are to be raised with and resolved by the Venue Team Lead. The Licensor may appoint a representative to the Host Society’s Venue Team. 12.2. Venue Access - The Licensor acknowledges that Venue access accreditations for the Games Period are provided on a strictly need-to access basis according to responsibilities, and shall provide the Host Society with a proposed plan for its staffing needs at the Venue during the Games Period together with sufficient information for the Host Society to process Venue access accreditations for such staff. 13. FOOD AND BEVERAGE SERVICES 13.1. Concession Sales – The Licensor shall have the option to sell any and all food and beverage items in areas of the Venue accessible to the general public (the “Concession Sales”) during the Games Period, provided that the Licensor can deliver the Concession Sales at a level of service acceptable to the Host Society. If the Licensor declines this option or is not able to meet the level of service required by the Host Society, in the sole opinion and absolute discretion of the Host Society, the Host Society may assume responsibility for the provision of Concession Sales at the Venue during the Games Period. All proceeds from the provision of Concession Sales will remain with the respective service provider unless otherwise provided herein. 13.2. Purchase of Product - If the Licensor is responsible for the provision of Concession Sales during the Page 326 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 9 Games Period, it shall purchase all necessary product inventory required for the provision of Concession Sales through any authorized supplier of the Host Society or the designated agent of any such authorized supplier. The Host Society shall provide the Licensor with a list of any such authorized suppliers. If the Host Society is responsible for the provision of Concession Sales during the Games Period, the Host Society will retain the right to purchase necessary product inventory from suppliers of its choice and will not be subject to any Licensor supplier agreements. 13.3. Public Vending Machines – At the request of the Host Society, the Licensor shall cover up and unplug any vending machines of non-Games sponsors or suppliers at the Venue during the Games Period, and shall allow the Host Society's sponsors and suppliers to install and operate vending machines at the Venue during the Games Period. All proceeds from the sales from the vending machines within areas of the Venue accessible by the general public will remain with the respective service provider unless otherwise provided herein. 13.4. Catering – The Host Society may provide any and all food and beverages to Host Society partners, staff, volunteers, athletes, officials, coaches, contractors or guests (the “Catering Services”) at the Venue during the Games Period. The provision of any such Catering Services shall be subject to the consent of the Licensor, which consent shall not be unreasonably withheld. The Host Society shall have the option to enter into agreements independently of the Licensor for the purposes of providing any such Catering Services. The Host Society may also use vending machines to provide a portion of any such Catering Services. 13.5. Alcoholic Beverages - The Host Society’s Catering Services may include the provision of alcoholic beverages. Further, the Host Society may sell alcoholic beverages to Host Society partners, staff, volunteers, athletes, officials, coaches, contractors or guests at the Venue during the Games Period. The Host Society agrees that the provision of any such services shall be subject to the consent of the Licensor, which consent shall not be unreasonably withheld. The Host Society shall have the option to enter into agreements independently of the Licensor for the purposes of providing any such services. 14. INSURANCE 14.1. Licensor Insurance - The Licensor's Commercial General Liability insurance in respect of the Venue shall include coverage for bodily injury liability, personal injury liability, property damage liability, premises and operations liability, blanket contractual liability, products/completed operations liability and non-owned automobile liability, with limits not less than five million dollars ($5,000,000) for each occurrence. The Licensor shall add the Host Society and its directors, officers, employees, agents, contractors and volunteers as additional insureds to such insurance coverage in Page 327 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 10 respect of the Venue and any liability arising out of the operations of the named insured, and ensure that such insurance coverage includes a cross liability and severability of interest clause and that the Host Society and each such insured person is protected in the same manner and to the same extent as though a separate policy had been issued to each, but will not be required to increase the limits of liability as identified above beyond the amount or amounts for which the Licensor would be liable if there had been only one insured. Any failure to comply with any provision of such insurance coverage by the named insured shall not affect the coverage provided to the Host Society. Such insurance coverage shall apply as primary insurance and not excess to any other insurance available to the Host Society. The Licensor shall provide the Host Society with proof of compliance with this section upon its request and shall maintain the insurance coverage required by this section throughout the Games Period. Any reduction in the Licensor's insurance coverage as required by this section must be approved in writing by the Host Society. 14.2 Host Society Insurance – The Host Society shall provide proof of Commercial General Liability insurance satisfactory to the Licensor and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury and shall include but not be limited to: 14.2.1 A limit of liability of not less than five million dollars ($5,000,000)/occurrenc e with an aggregate of not less than five million dollars ($5,000,000); 14.2.2 Add the Owner as an additional insured with respect to the operations of the Named Insured; 14.2.3 The policy shall contain a provision for cross liability and severability of interest in respect of the Named Insured; 14.2.4 Non-owned automobile coverage with a limit not less than two million dollars ($2,000,000) and shall include contractual non-owned coverage (SEF 96); 14.2.5 Products and completed operations coverage; 14.2.6 Broad Form Property Damage; 14.2.7 Contractual Liability; 14.2.8 Work performed on Behalf of the Named Insured by Sub-Contractors; and 14.2.9 The policy shall provide 30 days prior notice of cancellation. TERMINATION 15.1. Termination for Cause - The Host Society shall have the right to immediately terminate this Agreement by written notice if: 15.1.1. an effective resolution is passed for the winding up of the Licensor; 15.1.2. a petition is filed or an order is made for the winding up or liquidation of the Licensor and such petition or order is not diligently opposed by the Licensor; 15.1.3. the Licensor becomes insolvent or makes a bulk sale of its assets or a general assignment for the benefit of its creditors or a proposal under the Bankruptcy and Insolvency Act (Canada); 15.1.4. a bankruptcy petition is filed and presented and is not diligently opposed; 15.1.5. a custodian or receiver/manager or any other officer with similar powers is appointed in respect of Page 328 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 11 the Licensor or its properties or any part thereof and the Licensor has not diligently moved to set such appointment aside; 15.1.6. any proceedings are commenced in respect of the Licensor under creditors arrangements legislation and are not diligently opposed by the Licensor; 15.1.7. a substantial change occurs in control or operating management of the Licensor which, in the sole opinion and absolute discretion of the Host Society, adversely affects the ability of the Licensor to perform its obligations under this Agreement or which is detrimental to the interests of the Host Society; or 15.1.8. the Licensor engages in conduct, which in the sole opinion and absolute discretion of the Host Society, reflects or could reflect unfavorably upon the name, reputation or image of the Host Society or the Games. 15.2. Termination for Convenience - The Host Society may, without any penalty whatsoever, terminate this Agreement on thirty (30) days' written notice to the Licensor. 15.3. No Termination by Licensor - The Licensor shall not terminate this Agreement for any reason. The Licensor recognizes that a breach by the Licensor of the covenant herein contained would result in damages to the Host Society and that the Host Society could not adequately be compensated for these damages by monetary award and the Licensor agrees that in the event of any breach, in addition to other remedies available to the Host Society, at law or in equity, the Host Society shall be entitled as a matter of right to apply to a court of competent jurisdiction for any relief by way of restraining order, injunction, decree or otherwise that may be appropriate to ensure compliance with the provisions of this Agreement. 15.4. Cancellation - In the event that the Games are not held for any reason, or the sport for which the Host Society is using the Venue is not included in the Games, the Parties shall not be obligated to any further performance of this Agreement and the rights granted and obligations imposed hereunder shall terminate upon written notice thereof from the Host Society. Specifically, no payments shall be required to be made hereunder on and after the date of such announcement. 16. CONFIDENTIALITY 16.1. Confidential Information - Each Party (each, a “Receiving Party”) acknowledges that in the contemplation, negotiation and performance of this Agreement, such Receiving Party may gain, or may have gained, access to information that is confidential in nature regardless of whether it is identified as confidential (the “Confidential Information”) of the other Party (the "Disclosing Party"). The Receiving Party will keep Confidential Information of the Disclosing Party strictly confidential, and will only disclose and use such Confidential Information to the extent required to perform its obligations under this Agreement. The Receiving Party will cause those persons to whom it discloses Confidential Information to be bound by the confidentiality provisions hereof or substantially consistent provisions and will be responsible for any unauthorized disclosure by such Page 329 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 12 persons. Notwithstanding the foregoing, the Receiving Party will not be liable for disclosure of Confidential information that: 16.1.1. is or becomes part of the public domain without a breach of this Section by the Receiving Party; 16.1.2. is received by the Receiving Party from a third party lawfully entitled to disclose such information at the time of disclosure; 16.1.3. is independently developed by the Receiving Party without use of information disclosed by the Disclosing Party and can be proven as such by the Receiving Party; or 16.1.4. is disclosed pursuant to an order of a governmental or regulatory authority of competent jurisdiction or as required by applicable law, provided that the Receiving Party gives the Disclosing Party prompt notice of such order, so that the Disclosing Party may contest such order. 17. INDEMNIFICATION 17.1. Indemnification by the Licensor - The Licensor will indemnify and save the Host Society and its directors, employees, agents, volunteers and independent contractors (the “Host Society Indemnified Persons”) harmless from and against any and all actions, proceedings, claims, demands, losses, liabilities, debts, costs and damages including, without limitation, with respect to loss of life, personal injury or damage to property, that may be brought against or suffered by the Host Society Indemnified Persons or that they may sustain, pay or incur that are attributable to the willful misconduct or negligent actions or omissions of the Licensor in relation to this Agreement, except to the extent that such actions, proceedings, claims, demands, losses, liabilities, debts, costs or damages are the result of misrepresentation or negligence by the Host Society Indemnified Persons, or any breach of contract by the Host Society Indemnified Persons. 17.2. Indemnification by the Host Society - The Host Society will indemnify and save the Licensor and its directors, employees, agents and independent contractors (the “Licensor Indemnified Persons”) harmless from and against any and all actions, proceedings, claims, demands, losses, liabilities, debts, costs and damages including, without limitation, with respect to loss of life, personal injury or damage to property, that may be brought against or suffered by the Licensor Indemnified Persons or that they may sustain, pay or incur, that are attributable to the willful misconduct or negligent actions or omissions of the Host Society, except to the extent that such actions, proceedings, claims, demands, losses, liabilities, debts, costs or damages are the result of misrepresentation or negligence by the Licensor Indemnified Persons, or any breach of contract by the Licensor Indemnified Persons. 17.3. Limitation of Liability - Except for a breach of confidentiality obligations, instances of third-party loss of life or personal injury or for intellectual property infringement indemnification obligations, under no circumstances will either Party be liable to the other for any economic, commercial, special, consequential, incidental, exemplary or indirect damages, even if the other Party has been advised of the possibility of such damages. Further, under no circumstances will the Host Society be liable to the Licensor for any perceived or actual loss of revenue by the Licensor in relation to the Venue. Page 330 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 13 18. GENERAL 18.1. Term – The term of this Agreement shall commence on the Effective Date and shall expire and be terminated in accordance with the terms and conditions of this Agreement and ultimately on December 31, 2021. 18.2. Governing Law – This Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. 18.3. Force majeure - No Party is responsible for damages caused by delay or failure to perform undertakings under the terms of this Agreement when the delay or failure is owing to fires, floods, severe snow storms, earthquakes, landslides, acts of war or terrorism, acts of God, strikes, lockouts, labour disputes, labour controversies, shortages of water or power, civil or military authority, pandemic, or by any other cause of any kind whatsoever beyond the control of the Parties. 18.4. Association – The Parties acknowledge and agree that they are independent contractors with respect to all matters contemplated herein or otherwise and no partnership, agency, or employee relationship is intended or created by this Agreement. 18.5. Notices - Any notice given hereunder will be deemed to have been duly a nd properly given if delivered personally, electronically or if mailed by prepaid registered post addressed below or at such other address as any such Party may from time to time designate by notice in writing to the other Party: To the Licensor: City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5. Attention: Kathy Moldenhauer (kmoldenhauer@niagarafalls.ca) To the Host Society: 2021 Canada Games Host Society 25 Corporate Park Drive, Suite 302, St. Catharines, ON L2S 3W2. Attention: Erin Edwards (eedwards@2021canadagames.ca) Page 331 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 14 18.6. Entire Agreement - This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and will supersede any other oral or written agreements with respect to such subject matter. This Agreement may not be changed or modified except by an instrument in writing, duly executed by both the Host Society and the Licensor. No waiver of any provision hereunder will be considered effective or binding unless in writing and signed by the Party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived. 18.7. Assignment - This Agreement will enure to the benefit of, and be binding upon, the Parties and their respective successors and permitted assigns. Neither Party may assign its interest in this Agreement to any other person without the prior written consent of the other Party. For purposes of this subsection, a change of control will be deemed to be an assignment. 18.8. Severability - If any provision of this Agreement is declared illegal, invalid, void or unenforceable by any judicial or administrative authority, that provision will be severed from this Agreement and the validity of the other provisions and of this Agreement will not be affected. 18.9. Further Acts - Each of the Parties will do all such acts and things and execute and deliver all such instruments, writings and assurances as may be necessary to give full effect to this Agreement. 18.10. Survival - The provisions of this Agreement which by their nature continue after the expiration or termination of this Agreement shall be and remain in force notwithstanding such expiration or other termination. 18.11. Schedules - The following Schedules form part of this Agreement: ● Schedule A - Venue Description ● Schedule B - Venue Access ● Schedule C – Venue Modifications ● Schedule D – Costs 18.12. Execution by Counterparts - This Agreement may be executed in any number of counterparts or by fax or other electronic means, each of which will be deemed an original and all of which together will constitute one and the same contract. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized representatives, as of the Effective Date. 2021 CANADA GAMES HOST SOCIETY Page 332 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 15 Per: CITY OF NIAGARA FALLS Per: Page 333 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 16 Schedule A – Venue Description This Schedule describes the lands, buildings and facilities owned by the Licensor and covered by this Agreement. Space usage: Page 334 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 17 Spaces and Services, to be assigned during the Venue Operational Planning Process: Protocol ● Area for medal or other presentations ● Storage of medals ● VIP seating Volunteers ● Space for volunteer lounge ● Space for volunteer check in Sport Operations ● Field of Play that meets Canada Games standards ● Back of house space for sport operations office ● Access to space for athlete dressing rooms, lounges ● Access to space for officials dressing rooms ● Scoreboards ● Space for results boards Venue Operations ● Space for venue operations centre ● Accessible venue ● Cleaning and waste removal Venue Overlay ● Space for temporary infrastructure, including tents, trailers, bleachers, portable washrooms, fencing and other utilities based on requirements ● Venue diagrams/CADs ● General furnitures, fixtures and equipment ● Access to sound and PA systems where available Signage, Pageantry and Fabrication ● Ability to post signs, put up flags, banners etc ● Beautification of flower beds and other space around Venue Food Services ● Ability to bring in food from outside vendors/centralized services, subject to the Licensor having first right of refusal Page 335 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 18 ● Space for participant feeding ● Space for volunteer feeding Security ● Security office ● Access control points Medical ● Medical office Transportation ● Parking for accredited Games family (no cost to accredited individuals) ● Space for participant transport systems ● Spectator parking (pay or free) Logistics ● Space for storage of equipment ● Loading/unloading areas ● Material handling equipment Information Technology ● Access to phone system ● Access to internet ● Access to network ● Ability to bring in permanent or temporary network Broadcast and Webcasting ● Broadcast capabilities (space, power, towers etc) Media Relations ● Media seating ● Media workspace Marketing ● Ability to place sponsor signage within venue ● Removal or covering up of non-Canada Games sponsor signage ● Space for sponsor activation Merchandising Page 336 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 19 ● Space for merchandising store Page 337 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 20 Schedule B – Venue Access This Schedule describes the period that the Venue will be used for the Games, identifying what will be taking place on certain dates and who will be present on the Venue. Date Activity Niagara 2021 Presence Once monthly between date of signing and August 2021 Venue Team Meetings up to 25 Niagara 2021 staff and Leadership Volunteers August 3, 4 and 5, 2021 Commissioning of Venue Fit Out Staff and Volunteers, contractors for signage and temporary overlay August 5, 2021 Load in Niagara 2021 Staff and Leadership Volunteers August 6, 2021 Training Niagara 2021 Staff and Volunteers, Participants August 7, 8, 9, 10, 11 and 12, 2021 Competition Niagara 2021 Staff and Volunteers, Participants, Spectators, VIPs, Media August 13 and 14, 2021 Decommissioning of Venue Fit Out Staff and Volunteers, contractors for signage and temporary overlay Page 338 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 21 Schedule C – Venue Modifications This Schedule describes the improvements, alterations, modifications, renovations and fit-out to be undertaken at the Venue for the Games including which are to removed and which are to remain after the Games - the Venue Fit-Out Plan to be prepared after this Agreement may provide greater description of, and may alter or change, the Venue Modifications. Temporary Modifications Signage installation, temporary tent, toilet installation Permanent Upgrades Prior to the Games Period, the Licensor will undertake and complete the following upgrades required for the Venue to meet the 2021 Canada Games Sport Venue Standards to the reasonable satisfaction of the Host Society: Page 339 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 22 Page 340 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 23 Page 341 of 489 Niagara 2021 Canada Summer Games Jeux d’été du Canada Niagara 2021 Page 24 Schedule D – Costs The Host Society will contribute 50% of the reasonable direct costs of the Licensor to undertake and complete the permanent upgrades to the Venue as required by section 5.2 and Schedule C of this Agreement, provided that the Host Society’s contribution to such costs shall not exceed $45,000 (Cdn). Without limiting the generality of the foregoing, such direct costs shall not include any applicable taxes paid by the Licensor for such upgrades. Page 342 of 489 F-2020-39 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-39 Monthly Tax Receivables Report – July 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 July 31, 2020 were $27.5 million compared to $15.5 million in 2019. During July, tax receivables as a percentage of taxes billed increased from 29.5% in 2019 to 37.4% 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 July. Table 1 shows that taxes outstanding at July 31, 2020 are $27.5 million. This represents an increase from $15.5 million in arrears for the same period in 2019. This discrepancy is mainly due to the COVID-19 pandemic as in 2020 residential taxes were billed in July – contrary to the historical June billing – and is therefore one less month of collections for residential properties’ third instalments. 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. The large discrepancy in Commercial percentages is due to many commercial properties pausing current payments as the City maintains no penalty in 2020 due to COVID-19. 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 Page 343 of 489 2 F-2020-39 September 15, 2020 progress of these actions after seven months of activity. This table shows 61.8% of the tax accounts or 206 properties have been paid in full or the owners have made suitable payment arrangements. During July, six accounts were paid in full. 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 July, no properties were registered. The outstanding taxes for registered properties represents 0.4% 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 July 31, 2020 is 37.4%, which is an increase of 2019’s value at 29.5%. 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 July 31, 2020 Table 2 Taxes Receivable by Property Class at July 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 344 of 489 TABLE 1 Taxes Receivable at July 31, 2020 2020 2019 Outstanding Taxes @ June 30, 2020 24,673,173$ 20,539,125$ Taxes Billed and Due July 31 31,031,251$ N/A Interest/Penalty Charged in July 96,137$ 161,305$ Taxes Collected during July 28,314,027$ 5,231,559$ Outstanding Taxes @ July 31, 2020 27,486,535$ 15,468,872$ Taxes Billed and Due September 30, 2019 N/A 28,553,392$ Taxes Billed and Due October 30, 2020 31,031,251$ N/A Total Taxes to be Collected 58,517,786$ 44,022,264$ Outstanding Taxes by Year: 3 Years and Prior 1,509,140$ 932,747$ 2 Year 2,480,159$ 1,753,629$ 1 Year 5,262,486$ 4,716,163$ Current 49,266,001$ 36,619,725$ Total 58,517,786$ 44,022,264$ TABLE 2 Taxes Receivable by Property Class at July 31, 2020 2020 % by Class 2019 % by Class Taxes Owing Taxes Owing Residential 45,232,982$ 77.30%39,410,234$ 89.52% Multi-Residential 196,862$ 0.34%68,688$ 0.16% Commercial 12,557,864$ 21.46%4,069,950$ 9.25% Industrial 371,925$ 0.64%356,503$ 0.81% Farmlands 158,154$ 0.27%116,888$ 0.27% Total Receivables 58,517,786$ 100.00%44,022,264$ 100.00% Page 345 of 489 TABLE 3 Number of Properties Subject to % Registration as at July 31, 2020 Initial Amount (January 1, 2020)333 Paid in Full 54 16.2% Payment Arrangements 152 45.6% Ongoing Collection 127 38.1% Action Registered 0 0.0% 333 100.0% TABLE 4 November 2020 3 81,663$ May 2021 5 127,306$ Totals 8 208,969$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 346 of 489 F-2020-40 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-40 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $41,604,112.20 for the period July 16, 2020 to August 26, 2020. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight’s Council agenda. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 347 of 489 Page 1 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING 439345 29-Jul-2020 CONTRACT SERVICES 624.89 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING 439987 26-Aug-2020 CONTRACT SERVICES 152.55 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 439346 29-Jul-2020 MATERIALS 343.75 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 439988 26-Aug-2020 MATERIALS 12.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 439150 22-Jul-2020 STORES/INVENTORY 56.25 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 439448 05-Aug-2020 STORES/INVENTORY 37.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 439760 19-Aug-2020 STORES/INVENTORY 12.50 180 MARKETING 439761 19-Aug-2020 ADVERTISING 5,650.00 1907703 ONTARIO INC 439573 12-Aug-2020 REFUND 1,250.00 1946489 ONTARIO LTD 439574 12-Aug-2020 REFUND 750.00 1972249 ONTARIO LTD.439762 19-Aug-2020 REFUND 575.29 2111474 ONTARIO INC.439763 19-Aug-2020 REFUND 34.14 2249419 ONTARIO INC - C/O McCOR MANAGEMENT 439764 19-Aug-2020 REFUND 175.20 2348441 ONTARIO INC O/A MR QUICK CAR WASH 439449 05-Aug-2020 CONTRACT SERVICES 117.52 2348441 ONTARIO INC O/A MR QUICK CAR WASH 439765 19-Aug-2020 CONTRACT SERVICES 145.77 2578139 ONTARIO INC O/A HALCO PORTABLES 439347 29-Jul-2020 CONTRACT SERVICES 6,703.16 2578139 ONTARIO INC O/A HALCO PORTABLES 439450 05-Aug-2020 CONTRACT SERVICES 5,897.47 2578139 ONTARIO INC O/A HALCO PORTABLES 439575 12-Aug-2020 CONTRACT SERVICES 7,471.56 2578139 ONTARIO INC O/A HALCO PORTABLES 439766 19-Aug-2020 CONTRACT SERVICES 5,527.96 2578139 ONTARIO INC O/A HALCO PORTABLES 439989 26-Aug-2020 CONTRACT SERVICES 4,429.60 2578139 ONTARIO INC O/A HALCO PORTABLES 439151 22-Jul-2020 LEASES AND RENTS 4,717.75 5009939 ONTARIO INC 439576 12-Aug-2020 REFUND 1,250.00 632162 ONTARIO LIMITED 439577 12-Aug-2020 REFUND 1,250.00 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALING 439348 29-Jul-2020 CONTRACT SERVICES 56,397.78 788893 ONTARIO LIMITED O/A NIAGARA CRACK SEALING 439349 29-Jul-2020 CONTRACT SERVICES 48,845.45 797045 ONTARIO LTD 439767 19-Aug-2020 REFUND 77.96 A B C RECREATION LTD 439350 29-Jul-2020 CONTRACT SERVICES 457.65 A B C RECREATION LTD 439451 05-Aug-2020 CONTRACT SERVICES 1,015.87 A B C RECREATION LTD 439153 22-Jul-2020 MATERIALS 113,000.00 A. YOUNG PLANNER LTD 439461 05-Aug-2020 CONTRACT SERVICES 14,678.14 AAA BIGGAR'S LOCKSMITH & SECURITY 439152 22-Jul-2020 CONTRACT SERVICES 254.39 AAA BIGGAR'S LOCKSMITH & SECURITY 439578 12-Aug-2020 CONTRACT SERVICES 33.90 AAA BIGGAR'S LOCKSMITH & SECURITY 439990 26-Aug-2020 CONTRACT SERVICES 906.02 ACA ENGINEERING SERVICES 439452 05-Aug-2020 CONTRACT SERVICES 1,252.22 ACCU LOCK AND SECURITY 439154 22-Jul-2020 CONTRACT SERVICES 180.80 ACCU LOCK AND SECURITY 439351 29-Jul-2020 MATERIALS 635.06 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC.439352 29-Jul-2020 CONTRACT SERVICES 4,897.42 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC.439579 12-Aug-2020 CONTRACT SERVICES 1,111.92 ADR CHAMBERS 439353 29-Jul-2020 CONTRACT SERVICES 21,933.30 ADVANCE TOWING & RECOVERY 439155 22-Jul-2020 CONTRACT SERVICES 2,841.95 ADVANCE TOWING & RECOVERY 439354 29-Jul-2020 CONTRACT SERVICES 1,519.85 ADVANCE TOWING & RECOVERY 439453 05-Aug-2020 CONTRACT SERVICES 593.25 ADVANCE TOWING & RECOVERY 439580 12-Aug-2020 CONTRACT SERVICES 107.35 ADVANCE TOWING & RECOVERY 439768 19-Aug-2020 CONTRACT SERVICES 791.00 ADVANCE TOWING & RECOVERY 439991 26-Aug-2020 CONTRACT SERVICES 1,141.50 AFTERMARKET PARTS COMPANY LLC 439992 26-Aug-2020 MATERIALS 2,650.84 AFTERMARKET PARTS COMPANY LLC 439156 22-Jul-2020 STORES/INVENTORY 1,349.81 AFTERMARKET PARTS COMPANY LLC 439355 29-Jul-2020 STORES/INVENTORY 199.79 AFTERMARKET PARTS COMPANY LLC 439454 05-Aug-2020 STORES/INVENTORY 2,052.28 AFTERMARKET PARTS COMPANY LLC 439769 19-Aug-2020 STORES/INVENTORY 520.08 AHMED,KELBAZ 439770 19-Aug-2020 REFUND 83.05 AIR CARE SERVICES 439993 26-Aug-2020 CONTRACT SERVICES 958.75 AIRD & BERLIS LLP 439157 22-Jul-2020 CONTRACT SERVICES 27,473.49 AIRD & BERLIS LLP 439771 19-Aug-2020 CONTRACT SERVICES 14,200.03 AJ STONE COMPANY LTD 439581 12-Aug-2020 MATERIALS 146,840.11 AJ STONE COMPANY LTD 439994 26-Aug-2020 MATERIALS 1,900.42 ALBANESE,LORI 439455 05-Aug-2020 REFUND 103.14 ALFIDOME CONSTRUCTION 439356 29-Jul-2020 CONTRACT SERVICES 65,425.00 ALFIDOME CONSTRUCTION 439582 12-Aug-2020 CONTRACT SERVICES 36,579.49 ALJEILANI,JASIM MOHAMMED 439772 19-Aug-2020 REFUND 750.00 ALL GREEN IRRIGATION 439584 12-Aug-2020 CONTRACT SERVICES 8,192.50 ALL GREEN IRRIGATION 439775 19-Aug-2020 CONTRACT SERVICES 2,117.62 ALLAN FYFE EQUIPMENT LTD 439773 19-Aug-2020 CONTRACT SERVICES 799.24 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439158 22-Jul-2020 MATERIALS 33.56 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439357 29-Jul-2020 MATERIALS 123.56 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439456 05-Aug-2020 MATERIALS 161.20 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439583 12-Aug-2020 MATERIALS 33.56 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439774 19-Aug-2020 MATERIALS 24.92 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 439995 26-Aug-2020 MATERIALS 215.60 ALLIED MEDICAL INSTRUMENTS INC 439585 12-Aug-2020 MATERIALS 406.03 Page 348 of 489 Page 2 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ALLIED MEDICAL INSTRUMENTS INC 439776 19-Aug-2020 MATERIALS 920.53 ALLIED MEDICAL INSTRUMENTS INC 439996 26-Aug-2020 MATERIALS 1,177.27 ALTIERI BUILDING SUPPLIES LTD 439457 05-Aug-2020 MATERIALS 442.74 ALTIERI BUILDING SUPPLIES LTD 439777 19-Aug-2020 MATERIALS 1,670.08 ALTIERI BUILDING SUPPLIES LTD 439997 26-Aug-2020 MATERIALS 118.48 AMALGAMATED TRANSIT UNION #1582 00296-0001 27-Jul-2020 REMITTANCE 4,182.85 AMALGAMATED TRANSIT UNION #1582 00298-0001 10-Aug-2020 REMITTANCE 4,282.62 AMALGAMATED TRANSIT UNION #1582 00302-0001 24-Aug-2020 REMITTANCE 4,436.01 AMERICAS,FRANKENSOLAR 439586 12-Aug-2020 REFUND 500.00 AMG ENVIRONMENTAL INC 439159 22-Jul-2020 CONTRACT SERVICES 2,203.50 AMG ENVIRONMENTAL INC 439998 26-Aug-2020 CONTRACT SERVICES 2,203.50 AMPED SOLAR DESIGNS 439587 12-Aug-2020 REFUND 500.00 ANDERSON,KATHY 439778 19-Aug-2020 MATERIALS 125.00 ANDERSONS CEMETERY CONTRACTING LTD 439160 22-Jul-2020 MATERIALS 22,718.65 ANTHONY'S EXCAVATING CENTRAL INC 439999 26-Aug-2020 CONTRACT SERVICES 45,310.92 ANTONOVA,TATIANA 439358 29-Jul-2020 REFUND 410.31 APPLE ATHLETIC PRODUCTS (1995) INC.439588 12-Aug-2020 CONTRACT SERVICES 1,951.51 AQUAFOR BEECH LIMITED 439161 22-Jul-2020 MATERIALS 11,249.15 AQUAFOR BEECH LIMITED 439779 19-Aug-2020 MATERIALS 6,034.20 ARC ENGINEERING INC 439780 19-Aug-2020 MATERIALS 9,340.81 ARCTIC TRAVELER (CANADA) LTD 439359 29-Jul-2020 MATERIALS 709.37 ARIVA 439458 05-Aug-2020 SUPPLIES 101.14 ARTISTA DESIGN & PRINT INC 439589 12-Aug-2020 MATERIALS 17,363.59 ARTISTA DESIGN & PRINT INC 439781 19-Aug-2020 MATERIALS 19,853.82 ARTISTA DESIGN & PRINT INC 439360 29-Jul-2020 SUPPLIES 485.90 ARTISTA DESIGN & PRINT INC 440000 26-Aug-2020 SUPPLIES 50,032.39 ASSOCIATED ENGINEERING (ONT) LTD 439361 29-Jul-2020 MATERIALS 9,670.54 ASSOCIATED ENGINEERING (ONT) LTD 439459 05-Aug-2020 MATERIALS 3,724.38 ASSOCIATED ENGINEERING (ONT) LTD 439590 12-Aug-2020 MATERIALS 46,654.88 AUBIN,DANIEL 439591 12-Aug-2020 REFUND 79.38 AYALA,VILMA 439782 19-Aug-2020 REFUND 500.00 B & S POOL SERVICES 439783 19-Aug-2020 CONTRACT SERVICES 1,978.13 BAIN PRINTING LIMITED 439462 05-Aug-2020 MATERIALS 344.65 BAIN PRINTING LIMITED 440001 26-Aug-2020 MATERIALS 362.73 BAKER TRANSIT PARTS INC.440002 26-Aug-2020 MATERIALS 148.95 BAKER TRANSIT PARTS INC.439162 22-Jul-2020 STORES/INVENTORY 5,042.04 BAKER TRANSIT PARTS INC.439362 29-Jul-2020 STORES/INVENTORY 877.36 BAKER TRANSIT PARTS INC.439592 12-Aug-2020 STORES/INVENTORY 29.47 BAKER TRANSIT PARTS INC.439784 19-Aug-2020 STORES/INVENTORY 351.67 BALTAZAR,NEIL 439463 05-Aug-2020 REFUND 149.58 BALTAZAR,NEIL 440003 26-Aug-2020 REFUND 138.78 BARANYAI,MICHAEL 439788 19-Aug-2020 REFUND 72.72 BARBACHON,KEITH 439786 19-Aug-2020 REFUND 121.61 BARICH,JOHN 439785 19-Aug-2020 REFUND 26.88 BARKER SOCIAL MARKETING 439787 19-Aug-2020 MATERIALS 45.20 BARTOLINI,FRANK 439593 12-Aug-2020 REFUND 2,500.00 BASQUE,SYLVIO 439163 22-Jul-2020 REFUND 100.00 BATTLEFIELD EQUIPMENT RENTALS 439464 05-Aug-2020 CONTRACT SERVICES 173.74 BATTLEFIELD EQUIPMENT RENTALS 439164 22-Jul-2020 MATERIALS 542.94 BATTLEFIELD EQUIPMENT RENTALS 439594 12-Aug-2020 MATERIALS 121.70 BATTLEFIELD EQUIPMENT RENTALS 439789 19-Aug-2020 MATERIALS 542.94 BELL CANADA 439363 29-Jul-2020 MATERIALS 549.70 BELL CANADA 440006 26-Aug-2020 UTILITIES 99.44 BELL CANADA - PUBLIC ACCESS 439166 22-Jul-2020 SERVICES 169.50 BELL CANADA - PUBLIC ACCESS 439596 12-Aug-2020 SERVICES 169.50 BELL,TRACY 440007 26-Aug-2020 REFUND 392.03 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 439167 22-Jul-2020 MATERIALS 2,874.51 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 439465 05-Aug-2020 MATERIALS 368.98 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 439597 12-Aug-2020 MATERIALS 1,145.82 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 439790 19-Aug-2020 MATERIALS 1,262.29 BEREZUK,MICHAEL 439791 19-Aug-2020 REFUND 750.00 BERNAT,CLARK 439168 22-Jul-2020 REFUND 378.50 BERRY,MARCHUE 439598 12-Aug-2020 REFUND 500.00 BEST CONSULTANTS MARTIN GERSKUP ARCHITECT INC.439466 05-Aug-2020 MATERIALS 6,261.33 BESWICK,MARTIN& BESWICK, ELENA 439599 12-Aug-2020 REFUND 750.00 BETTER IMPACT INC 439467 05-Aug-2020 MATERIALS 429.40 BICKLE MAIN INDUSTRIAL SUPPLY INC 439170 22-Jul-2020 MATERIALS 21.86 BICKLE MAIN INDUSTRIAL SUPPLY INC 439600 12-Aug-2020 MATERIALS 47.63 BICKLE MAIN INDUSTRIAL SUPPLY INC 439792 19-Aug-2020 MATERIALS 1,189.97 BICKLE MAIN INDUSTRIAL SUPPLY INC 439364 29-Jul-2020 STORES/INVENTORY 21.47 Page 349 of 489 Page 3 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount BLAIR,RICK 439171 22-Jul-2020 REFUND 188.44 BLENDTEK FINE INGREDIENTS 439468 05-Aug-2020 MATERIALS 1,017.00 BLOOM INC.439793 19-Aug-2020 MATERIALS 3,842.00 BOB ROBINSON & SON CONSTRUCTION 439173 22-Jul-2020 CONTRACT SERVICES 836.20 BOB ROBINSON & SON CONSTRUCTION 439365 29-Jul-2020 CONTRACT SERVICES 12,955.45 BOB ROBINSON & SON CONSTRUCTION 439601 12-Aug-2020 CONTRACT SERVICES 4,285.53 BOB ROBINSON & SON CONSTRUCTION 439795 19-Aug-2020 CONTRACT SERVICES 1,706.30 BOBCAT OF HAMILTON LTD 439172 22-Jul-2020 LEASES AND RENTS 6,692.24 BOBCAT OF HAMILTON LTD 439794 19-Aug-2020 LEASES AND RENTS 4,582.77 BOLAND,BRAD 439602 12-Aug-2020 REFUND 500.00 BOOT SHOP 440009 26-Aug-2020 MATERIALS 351.45 BORDON,MARIA ISABEL 440010 26-Aug-2020 REFUND 141.25 BORGHESI,VALERIE 439469 05-Aug-2020 SERVICES 210.00 BOYS & GIRLS CLUB OF NIAGARA 440011 26-Aug-2020 FEE FOR SERVICE 17,250.75 BOYS & GIRLS CLUB OF NIAGARA 439174 22-Jul-2020 REMITTANCE 17,250.75 BRADY,MATTHEW J& BRADY, CATHERINE L 439603 12-Aug-2020 REFUND 750.00 BRAND BLVD INC 439366 29-Jul-2020 MATERIALS 363.26 BRANDT TRACTOR LTD 439796 19-Aug-2020 MATERIALS 398.46 BRENNAN PAVING LTD.439175 22-Jul-2020 CONTRACT SERVICES 43,126.03 BRENNAN PAVING LTD.439797 19-Aug-2020 CONTRACT SERVICES 527,099.53 BRENNAN PAVING LTD.439798 19-Aug-2020 CONTRACT SERVICES 456,554.11 BRENNAN PAVING LTD.440012 26-Aug-2020 CONTRACT SERVICES 64,704.61 BRILLENGER,JEANNINE 440013 26-Aug-2020 MATERIALS 150.00 BRINKS CANADA LTD 439367 29-Jul-2020 CONTRACT SERVICES 675.61 BRINKS CANADA LTD 440014 26-Aug-2020 CONTRACT SERVICES 905.09 BROCK FORD 439368 29-Jul-2020 CONTRACT SERVICES 527.70 BROCK FORD 439799 19-Aug-2020 CONTRACT SERVICES 129.90 BROCK FORD 439176 22-Jul-2020 MATERIALS 444.88 BROCK FORD 439604 12-Aug-2020 MATERIALS 877.68 BROMAC CONSTRUCTION INC 439605 12-Aug-2020 CONTRACT SERVICES 398,586.09 BRYANT,JAMIE ELLEN 439606 12-Aug-2020 REFUND 500.00 BUCK MARKETING 439800 19-Aug-2020 MATERIALS 423.75 BUILDING INNOVATION 440015 26-Aug-2020 MATERIALS 6,183.36 BURNSIDE,STEVE 439470 05-Aug-2020 MATERIALS 210.00 CALE CANADA 439369 29-Jul-2020 CONTRACT SERVICES 11,605.10 CALE CANADA 440016 26-Aug-2020 CONTRACT SERVICES 5,802.55 CAMPBELL & COMPANY APPRAISALS INC.439802 19-Aug-2020 MATERIALS 1,130.00 CAN AM INSTRUMENTS LTD 439472 05-Aug-2020 MATERIALS 265.72 CANADA CLEAN FUELS 439177 22-Jul-2020 FUEL 42,440.28 CANADA CLEAN FUELS 439370 29-Jul-2020 FUEL 9,036.75 CANADA CLEAN FUELS 439471 05-Aug-2020 FUEL 47,555.37 CANADA CLEAN FUELS 439607 12-Aug-2020 FUEL 747.46 CANADA CLEAN FUELS 439803 19-Aug-2020 FUEL 45,191.38 CANADA CLEAN FUELS 440017 26-Aug-2020 MATERIALS 12,440.95 CANADA POST CORPORATION 00296-0002 27-Jul-2020 MATERIALS 6,840.96 CANADA POST CORPORATION 00297-0001 03-Aug-2020 MATERIALS 34,406.27 CANADA POST CORPORATION 00301-0001 17-Aug-2020 MATERIALS 3,366.12 CANADA POST CORPORATION 00302-0002 24-Aug-2020 MATERIALS 27.36 CANADIAN DOOR DOCTOR 439180 22-Jul-2020 CONTRACT SERVICES 2,327.80 CANADIAN DOOR DOCTOR 439372 29-Jul-2020 CONTRACT SERVICES 8,751.85 CANADIAN DOOR DOCTOR 439473 05-Aug-2020 CONTRACT SERVICES 292.11 CANADIAN DOOR DOCTOR 439806 19-Aug-2020 CONTRACT SERVICES 316.40 CANADIAN LINEN & UNIFORM 439373 29-Jul-2020 CONTRACT SERVICES 664.71 CANADIAN LINEN & UNIFORM 439474 05-Aug-2020 CONTRACT SERVICES 546.91 CANADIAN LINEN & UNIFORM 439609 12-Aug-2020 CONTRACT SERVICES 427.72 CANADIAN LINEN & UNIFORM 439807 19-Aug-2020 CONTRACT SERVICES 427.72 CANADIAN LINEN & UNIFORM 440019 26-Aug-2020 CONTRACT SERVICES 750.58 CANADIAN LINEN & UNIFORM 439181 22-Jul-2020 STORES/INVENTORY 4,308.59 CANADIAN LOCATORS INC.439178 22-Jul-2020 CONTRACT SERVICES 66,340.95 CANADIAN LOCATORS INC.440018 26-Aug-2020 CONTRACT SERVICES 5,422.87 CANADIAN NATIONAL 00296-0003 27-Jul-2020 CONTRACT SERVICES 3,826.50 CANADIAN PACIFIC RAILWAY CO 439809 19-Aug-2020 CONTRACT SERVICES 1,214.50 CANADIAN PAYROLL ASSOCIATION 440020 26-Aug-2020 MEMBERSHIP 507.37 CANADIAN TIRE PROPERTIES INC.439179 22-Jul-2020 LEASES AND RENTS 3,419.16 CANADIAN TIRE PROPERTIES INC.439804 19-Aug-2020 LEASES AND RENTS 3,419.16 CANADIAN URBAN TRANSIT ASSOCIATION 439184 22-Jul-2020 CONTRACT SERVICES 847.50 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 439608 12-Aug-2020 STORES/INVENTORY 1,515.93 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 439805 19-Aug-2020 STORES/INVENTORY 230.46 CANON CANADA INC 439808 19-Aug-2020 LEASES AND RENTS 660.46 CANON CANADA INC 439182 22-Jul-2020 SUPPLIES 249.07 Page 350 of 489 Page 4 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CANON CANADA INC 439374 29-Jul-2020 SUPPLIES 85.97 CANTEC SECURITY SERVICES INC 439183 22-Jul-2020 CONTRACT SERVICES 10,081.87 CANTEC SECURITY SERVICES INC 440021 26-Aug-2020 CONTRACT SERVICES 20,301.58 CANTEX DISTRIBUTION INC 439371 29-Jul-2020 MATERIALS 16.39 CAPPA,ANTHONY 439185 22-Jul-2020 REFUND 194.09 CARTER LEASE & RENTALS INC 439186 22-Jul-2020 LEASES AND RENTS 2,918.15 CARTER LEASE & RENTALS INC 439810 19-Aug-2020 LEASES AND RENTS 2,918.15 CASHTECH 440022 26-Aug-2020 CONTRACT SERVICES 627.15 CASSELS BROCK & BLACKWELL LLP 439375 29-Jul-2020 CONTRACT SERVICES 41,389.71 CASTLE MECHANICAL 440023 26-Aug-2020 CONTRACT SERVICES 244.09 CASTLE PLUMBING & HEATING INC.440024 26-Aug-2020 CONTRACT SERVICES 350.90 CAYOUETTE,MICHELLE RENE 439610 12-Aug-2020 REFUND 500.00 CBM N.A. INC 440025 26-Aug-2020 MATERIALS 576.30 CBM N.A. INC 439611 12-Aug-2020 STORES/INVENTORY 213.73 CBM N.A. INC 439811 19-Aug-2020 STORES/INVENTORY 933.41 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 439187 22-Jul-2020 CONTRACT SERVICES 529,804.66 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 439812 19-Aug-2020 CONTRACT SERVICES 353,897.11 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 440026 26-Aug-2020 REFUND 50.00 CENTRAL COMMUNICATIONS 439475 05-Aug-2020 CONTRACT SERVICES 824.90 CHAMBERS WATER HAULAGE INC 439612 12-Aug-2020 MATERIALS 60.00 CHAMBERS WATER HAULAGE INC 439814 19-Aug-2020 MATERIALS 80.00 CHAMPANERI,ABHIRAJ 439813 19-Aug-2020 REFUND 268.38 CHARLES JONES INDUSTRIAL LTD 439189 22-Jul-2020 STORES/INVENTORY 2,426.08 CHARLES JONES INDUSTRIAL LTD 439376 29-Jul-2020 STORES/INVENTORY 2,394.20 CHARLES JONES INDUSTRIAL LTD 439476 05-Aug-2020 STORES/INVENTORY 2,511.61 CHARLES JONES INDUSTRIAL LTD 439613 12-Aug-2020 STORES/INVENTORY 1,049.14 CHARLES JONES INDUSTRIAL LTD 440027 26-Aug-2020 STORES/INVENTORY 577.72 CHIPPAWA LIONS CLUB 439477 05-Aug-2020 REFUND 7,441.20 CHOI,KYUNGSUN 439815 19-Aug-2020 REFUND 23.85 CIBC ELECTRONIC BANKING OPERATIONS 439478 05-Aug-2020 REFUND 506.59 CIBC ELECTRONIC BANKING OPERATIONS 439816 19-Aug-2020 REFUND 128.13 CIEL PROPERTIES INC 439817 19-Aug-2020 REFUND 750.00 CIRCLE P. PAVING INC.439377 29-Jul-2020 CONTRACT SERVICES 76,824.44 CIRCLE P. PAVING INC.440028 26-Aug-2020 CONTRACT SERVICES 103,559.87 CIRCLE P. PAVING INC.440029 26-Aug-2020 CONTRACT SERVICES 186,688.63 CITY ELECTRIC SUPPLY 439479 05-Aug-2020 MATERIALS 347.46 CJED-FM 439818 19-Aug-2020 ADVERTISING 259.81 CLEVER DEVICES US DRAFT 28-Jul-2020 MATERIALS 4,338.00 CLEVER DEVICES LIMITED 439378 29-Jul-2020 MATERIALS 47,265.27 C-MAX FIRE SOLUTIONS 439614 12-Aug-2020 MATERIALS 89.01 CME MAIL INC 439190 22-Jul-2020 MATERIALS 463.03 CME MAIL INC 439819 19-Aug-2020 MATERIALS 845.23 COFFEY,NADINE& COFFERY, KEVIN 439615 12-Aug-2020 REFUND 750.00 COGECO CONNEXION INC 440030 26-Aug-2020 CONTRACT SERVICES 109.49 COGECO CONNEXION INC 439616 12-Aug-2020 UTILITIES 36.10 COLBEY CUSTOM FABRICATING CO LIMITED 439820 19-Aug-2020 MATERIALS 1,570.70 COLDWELL BANKER 439191 22-Jul-2020 REFUND 180.80 COLLEE,DOUGLAS 439480 05-Aug-2020 REFUND 206.22 COLLINS CONCESSIONS 439617 12-Aug-2020 ADVERTISING 630.00 COLVOY ENTERPRISES 2012 LTD 439618 12-Aug-2020 MATERIALS 243.92 COLVOY ENTERPRISES 2012 LTD 439821 19-Aug-2020 MATERIALS 101.76 COMMISSIONAIRES 439379 29-Jul-2020 CONTRACT SERVICES 12,743.41 COMMISSIONAIRES 439619 12-Aug-2020 CONTRACT SERVICES 11,341.68 COMMISSIONAIRES 440031 26-Aug-2020 CONTRACT SERVICES 13,555.18 COMPUGEN INC 439822 19-Aug-2020 SERVICES 19,185.30 COMPUGEN INC 440032 26-Aug-2020 SERVICES 5,677.12 CONT-TOP CONSTRUCTION INC 439620 12-Aug-2020 REFUND 1,250.00 COTTLE,TAMARA 439621 12-Aug-2020 MATERIALS 210.00 COUNTY OF WELLINGTON 440033 26-Aug-2020 MATERIALS 367.25 CRAWFORD & COMPANY (CANADA) INC 439192 22-Jul-2020 CONTRACT SERVICES 2,081.50 CRAWFORD & COMPANY (CANADA) INC 440034 26-Aug-2020 CONTRACT SERVICES 333.50 CREWS,CAROLE 439622 12-Aug-2020 REFUND 500.00 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 439380 29-Jul-2020 CONTRACT SERVICES 126,880.07 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 439623 12-Aug-2020 CONTRACT SERVICES 132,312.56 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 440035 26-Aug-2020 CONTRACT SERVICES 153,405.43 CROTEAU,DANIEL& CROTEAU, PAMELA 439823 19-Aug-2020 REFUND 154.98 CTM MEDIA GROUP LTD 439193 22-Jul-2020 SUPPLIES 2,725.04 CULLIGAN NIAGARA WATER TECH INC.439624 12-Aug-2020 CONTRACT SERVICES 450.87 CUMMINS CANADA ULC 439194 22-Jul-2020 CONTRACT SERVICES 113.00 CUMMINS CANADA ULC 439824 19-Aug-2020 CONTRACT SERVICES 3,519.27 Page 351 of 489 Page 5 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CUPE LOCAL 133 00296-0005 27-Jul-2020 REMITTANCE 10,153.71 CUPE LOCAL 133 00298-0002 10-Aug-2020 REMITTANCE 10,467.24 CUPE LOCAL 133 00302-0003 24-Aug-2020 REMITTANCE 10,743.31 CUSTOM IMAGE SALES 439825 19-Aug-2020 MATERIALS 1,395.55 D & R LANDSCAPE GROUP 439203 22-Jul-2020 CONTRACT SERVICES 295,470.74 DAMERA BUS SALES CANADA CORP 439482 05-Aug-2020 LEASES AND RENTS 30,510.00 DARCH FIRE 439196 22-Jul-2020 CONTRACT SERVICES 12,865.89 DARCH FIRE 439626 12-Aug-2020 MATERIALS 3,949.17 DASCENZO,MICHELLE 439827 19-Aug-2020 REFUND 138.08 DAVEY TREE EXPERT CO 440038 26-Aug-2020 CONTRACT SERVICES 1,562.70 DAVIDSON ENVIRONMENTAL 439197 22-Jul-2020 CONTRACT SERVICES 84.07 DAVIDSON ENVIRONMENTAL 440039 26-Aug-2020 CONTRACT SERVICES 105.09 DECAST 439382 29-Jul-2020 MATERIALS 1,598.23 DECAST 440040 26-Aug-2020 MATERIALS 1,125.30 DEL VECCHIO,OLIVIA 439828 19-Aug-2020 REFUND 62.92 DELDUCA,SAM 439198 22-Jul-2020 REFUND 183.05 DEMAR CONSTRUCTION 439199 22-Jul-2020 CONTRACT SERVICES 386,287.25 DEMAR CONSTRUCTION 439383 29-Jul-2020 CONTRACT SERVICES 26,976.15 DEMAR CONSTRUCTION 439829 19-Aug-2020 CONTRACT SERVICES 101,188.25 DEMOL'S TIRE SALES & SERVICE 439200 22-Jul-2020 CONTRACT SERVICES 268.24 DEMOL'S TIRE SALES & SERVICE 439627 12-Aug-2020 CONTRACT SERVICES 595.25 DEPENDABLE EMERGENCY VEHICLES 439628 12-Aug-2020 CONTRACT SERVICES 6,706.29 DEPENDABLE EMERGENCY VEHICLES 439201 22-Jul-2020 MATERIALS 1,207.90 DEPENDABLE EMERGENCY VEHICLES 439830 19-Aug-2020 MATERIALS 1,669.59 DEPROPHETIS,SERGIO 439629 12-Aug-2020 REFUND 197.18 DESIGN ELECTRONICS 439483 05-Aug-2020 SUPPLIES 5,858.13 DIANOVA,SVETLANA 439630 12-Aug-2020 REFUND 750.00 DIBELLONIA,MATTHEW& DIBELLONIA, SILVANA 439484 05-Aug-2020 REFUND 2,261.61 DICAN INC.439631 12-Aug-2020 MATERIALS 1,488.21 DIFRANCESCO,MIKE 439632 12-Aug-2020 REFUND 750.00 DIGITAL POSTAGE ON CALL 439831 19-Aug-2020 MATERIALS 19,210.00 DIODATI,JIM 439202 22-Jul-2020 REFUND 1,175.00 DIODATI,JIM 439832 19-Aug-2020 REMITTANCE 1,155.00 DISCOUNT CAR & TRUCK RENTALS 439633 12-Aug-2020 MATERIALS 1,129.89 DISERIO,ROCCO 439384 29-Jul-2020 REFUND 23.48 DIXON,LISA MAE 439634 12-Aug-2020 REFUND 141.25 DLB ELECTRIC INC. O/A CALL US ELECTRIC 2007 439833 19-Aug-2020 REFUND 750.00 DOMSON ENGINEERING & INSPECTION LTD 439635 12-Aug-2020 MATERIALS 5,180.49 DRAGOSAVLJEVIC,DANIJEL 439485 05-Aug-2020 REFUND 108.00 DRAGUTINOVIC,DRAGAN 439834 19-Aug-2020 REFUND 144.17 DROLLIS SAFETY SUPPLY CO LTD 440041 26-Aug-2020 MATERIALS 8.48 DROLLIS SAFETY SUPPLY CO LTD 439486 05-Aug-2020 STORES/INVENTORY 1,403.01 DROLLIS SAFETY SUPPLY CO LTD 439835 19-Aug-2020 STORES/INVENTORY 1,372.49 DTAH ARCHITECTS LTD.440042 26-Aug-2020 MATERIALS 10,746.30 DUCHESNE,PAUL RYAN 439636 12-Aug-2020 REFUND 500.00 DUFFERIN CONCRETE 439385 29-Jul-2020 MATERIALS 3,393.20 DUFFERIN CONCRETE 439637 12-Aug-2020 MATERIALS 4,746.14 DUFFERIN CONCRETE 440043 26-Aug-2020 MATERIALS 1,118.14 DUMONT SECURITY 439487 05-Aug-2020 CONTRACT SERVICES 1,214.58 DUNSEITH,BRITTANY 439836 19-Aug-2020 REFUND 43.87 DUNSEITH,MARK 439638 12-Aug-2020 REFUND 175.00 D'UVA,MELISSA 439488 05-Aug-2020 REFUND 1,761.17 E & R LAWN EQUIPMENT 439210 22-Jul-2020 STORES/INVENTORY 604.89 E & R LAWN EQUIPMENT 439388 29-Jul-2020 STORES/INVENTORY 1,412.14 E & R LAWN EQUIPMENT 439493 05-Aug-2020 STORES/INVENTORY 1,153.16 E & R LAWN EQUIPMENT 439842 19-Aug-2020 STORES/INVENTORY 995.67 E S FOX LIMITED 439641 12-Aug-2020 REFUND 1,250.00 E3 LABORATORIES 439204 22-Jul-2020 CONTRACT SERVICES 1,783.14 EASY FINANCIAL 439205 22-Jul-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 439489 05-Aug-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 439837 19-Aug-2020 PAYROLL REMITTANCE 267.01 EDGAR,MEGHAN 439206 22-Jul-2020 MATERIALS 175.00 EDWARD P LUSTIG LLB 440044 26-Aug-2020 CONTRACT SERVICES 25,425.00 ELIA,JOSEPH 439838 19-Aug-2020 REFUND 957.22 ELLIS ENGINEERING INC.439839 19-Aug-2020 CONSULTING SERVICES 9,511.16 ELLIS ENGINEERING INC.439207 22-Jul-2020 MATERIALS 2,440.80 ELLIS ENGINEERING INC.439386 29-Jul-2020 MATERIALS 12,742.97 ELLIS ENGINEERING INC.440045 26-Aug-2020 MATERIALS 8,568.23 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00296-0006 27-Jul-2020 UTILITIES 931.09 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00297-0002 03-Aug-2020 UTILITIES 4,652.84 Page 352 of 489 Page 6 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00301-0002 17-Aug-2020 UTILITIES 2,112.11 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00302-0004 24-Aug-2020 UTILITIES 778.53 ENSIGN ELECTRONIC ALARM SYSTEMS 439490 05-Aug-2020 CONTRACT SERVICES 1,396.68 ENTERPRISE HOLDINGS BC SSC 439208 22-Jul-2020 LEASES AND RENTS 3,434.07 ENTERPRISE HOLDINGS BC SSC 439491 05-Aug-2020 LEASES AND RENTS 1,343.57 ENTERPRISE HOLDINGS BC SSC 439840 19-Aug-2020 LEASES AND RENTS 6,868.14 ENTERPRISE HOLDINGS BC SSC 440046 26-Aug-2020 LEASES AND RENTS 4,777.64 E-QUIP RENTALS & REPAIRS INC 439387 29-Jul-2020 CONTRACT SERVICES 276.44 E-QUIP RENTALS & REPAIRS INC 439209 22-Jul-2020 MATERIALS 2,471.18 E-QUIP RENTALS & REPAIRS INC 439492 05-Aug-2020 MATERIALS 3,729.55 E-QUIP RENTALS & REPAIRS INC 439640 12-Aug-2020 MATERIALS 131.43 E-QUIP RENTALS & REPAIRS INC 440047 26-Aug-2020 MATERIALS 2,161.92 EQUIPMENT SPECIALIST INC 439639 12-Aug-2020 MATERIALS 2,626.13 EQUIPMENT SPECIALIST INC 439841 19-Aug-2020 MATERIALS 28,399.47 ESRI CANADA LTD 440048 26-Aug-2020 SERVICES 8,147.30 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 439494 05-Aug-2020 CONTRACT SERVICES 1,698.05 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 439642 12-Aug-2020 MATERIALS 866.36 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 440049 26-Aug-2020 MATERIALS 1,906.54 EVOLUTION TRUCK & TRAILER SERVICE 439211 22-Jul-2020 CONTRACT SERVICES 479.03 EXP SERVICES INC 439212 22-Jul-2020 MATERIALS 13,254.90 EXP SERVICES INC 439389 29-Jul-2020 MATERIALS 10,195.43 EXP SERVICES INC 439495 05-Aug-2020 MATERIALS 3,254.40 EXP SERVICES INC 439643 12-Aug-2020 MATERIALS 11,447.47 EXP SERVICES INC 439843 19-Aug-2020 MATERIALS 7,143.86 EXP SERVICES INC 440050 26-Aug-2020 MATERIALS 9,356.97 FALLS CHEVROLET CADILLAC 439644 12-Aug-2020 CONTRACT SERVICES 4,803.13 FALLS CHEVROLET CADILLAC 439844 19-Aug-2020 CONTRACT SERVICES 5,903.24 FALLS CHEVROLET CADILLAC 439213 22-Jul-2020 MATERIALS 607.96 FALLS CHEVROLET CADILLAC 439496 05-Aug-2020 MATERIALS 189.64 FALLS ELECTRIC INC 439645 12-Aug-2020 CONTRACT SERVICES 118.65 FALLS ELECTRIC INC 440051 26-Aug-2020 MATERIALS 7,652.82 FALLSWAY SUPPLY 439214 22-Jul-2020 MATERIALS 25.53 FALLSWAY SUPPLY 439646 12-Aug-2020 MATERIALS 350.27 FALLSWAY SUPPLY 439845 19-Aug-2020 MATERIALS 44.28 FANSOLATO,WAYNE 439390 29-Jul-2020 REFUND 80.00 FASTENAL CANADA LTD 439215 22-Jul-2020 MATERIALS 608.56 FASTENAL CANADA LTD 439391 29-Jul-2020 STORES/INVENTORY 147.21 FASTENAL CANADA LTD 439497 05-Aug-2020 STORES/INVENTORY 114.62 FASTENAL CANADA LTD 439647 12-Aug-2020 STORES/INVENTORY 1,451.25 FASTENAL CANADA LTD 439846 19-Aug-2020 STORES/INVENTORY 191.60 FASTENAL CANADA LTD 440052 26-Aug-2020 STORES/INVENTORY 238.66 FEDERAL EXPRESS CANADA LTD 439392 29-Jul-2020 SUPPLIES 18.80 FEDICO 439393 29-Jul-2020 STORES/INVENTORY 8,597.68 FILICE,ANTONIO 439847 19-Aug-2020 REFUND 115.84 FILION WAKELY THORUP ANGELETTI LLP 439216 22-Jul-2020 CONTRACT SERVICES 282.50 FILION WAKELY THORUP ANGELETTI LLP 440053 26-Aug-2020 CONTRACT SERVICES 565.00 FIREHALL BOOKSTORE 439848 19-Aug-2020 MATERIALS 2,708.75 FLAGS UNLIMITED INC 439648 12-Aug-2020 STORES/INVENTORY 386.73 FLEXO PRODUCTS LTD 439217 22-Jul-2020 MATERIALS 2,200.70 FLEXO PRODUCTS LTD 439394 29-Jul-2020 STORES/INVENTORY 747.30 FLEXO PRODUCTS LTD 439498 05-Aug-2020 STORES/INVENTORY 3,991.29 FLEXO PRODUCTS LTD 439649 12-Aug-2020 STORES/INVENTORY 823.74 FLEXO PRODUCTS LTD 439849 19-Aug-2020 STORES/INVENTORY 4,864.79 FLEXO PRODUCTS LTD 440054 26-Aug-2020 STORES/INVENTORY 418.77 FORM & AFFECT 440055 26-Aug-2020 ADVERTISING 2,825.00 FRANK COWAN COMPANY LIMITED 439650 12-Aug-2020 MATERIALS 24,373.50 FRANZE,FRANK 440056 26-Aug-2020 TRAVEL/MILEAGE 42.12 FRASER,ANTHONY 439850 19-Aug-2020 REFUND 96.07 FRIESMAN,TYNA 439651 12-Aug-2020 REFUND 306.41 GALANTE,PATRICK 439653 12-Aug-2020 REFUND 750.00 GALES GAS BARS LIMITED 439652 12-Aug-2020 FUEL 41,436.35 GALPIN,MITCHELL 439851 19-Aug-2020 REFUND 210.79 GAROFALO SEWER CLEANING 439218 22-Jul-2020 MATERIALS 107.35 GAULD NURSERIES LTD 439219 22-Jul-2020 MATERIALS 101.70 GERRIE ELECTRIC WHOLESALE LTD 439220 22-Jul-2020 STORES/INVENTORY 345.78 GERRIE ELECTRIC WHOLESALE LTD 439654 12-Aug-2020 STORES/INVENTORY 97.63 GERRIE ELECTRIC WHOLESALE LTD 439852 19-Aug-2020 STORES/INVENTORY 204.21 GERRIE ELECTRIC WHOLESALE LTD 440057 26-Aug-2020 STORES/INVENTORY 21.97 GHD LIMITED 439221 22-Jul-2020 MATERIALS 11,438.99 GHD LIMITED 439655 12-Aug-2020 MATERIALS 1,067.85 Page 353 of 489 Page 7 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount GHD LIMITED 440058 26-Aug-2020 MATERIALS 11,134.14 GIBSON,AMANDA LYNN 439853 19-Aug-2020 REFUND 99.25 GIGLIOTTI,DOMENIC 439656 12-Aug-2020 REFUND 750.00 GIRARDI,CHRISTINE 440059 26-Aug-2020 TRAVEL/MILEAGE 108.94 GLAZIER,BONITA 439657 12-Aug-2020 REFUND 500.00 GLENNIE,JOHN 440060 26-Aug-2020 REFUND 40.55 GM BLUEPLAN ENGINEERING LIMITED 439222 22-Jul-2020 MATERIALS 1,147.16 GM BLUEPLAN ENGINEERING LIMITED 439395 29-Jul-2020 MATERIALS 14,314.85 GM BLUEPLAN ENGINEERING LIMITED 439499 05-Aug-2020 MATERIALS 22,816.69 GM BLUEPLAN ENGINEERING LIMITED 439658 12-Aug-2020 MATERIALS 16,464.10 GRAYBAR CANADA 439223 22-Jul-2020 MATERIALS 16.71 GRAYBAR CANADA 439500 05-Aug-2020 MATERIALS 3,611.84 GRAYBAR CANADA 439659 12-Aug-2020 MATERIALS 186.45 GREAT LAKES FIRE SERVICES 439660 12-Aug-2020 MATERIALS 960.50 GREAVES LIGHT DUTY SIGN SERVICE 440061 26-Aug-2020 MATERIALS 135.60 GREEN,SIMON 439396 29-Jul-2020 REFUND 175.00 GROUP TOUR MEDIA US DRAFT 28-Jul-2020 MATERIALS 1,000.00 GTECHNA 439397 29-Jul-2020 CONTRACT SERVICES 29,896.88 GTECHNA 439501 05-Aug-2020 CONTRACT SERVICES 511.42 GUILD ELECTRIC LIMITED 439224 22-Jul-2020 CONTRACT SERVICES 36,088.71 GUILD ELECTRIC LIMITED 439854 19-Aug-2020 CONTRACT SERVICES 82,390.48 GUIRGUIS,RAFIK 439502 05-Aug-2020 REFUND 210.00 HALL,JOHN 439661 12-Aug-2020 REFUND 169.50 HALLEX ENGINEERING LTD 439503 05-Aug-2020 MATERIALS 3,898.50 HALLEX ENVIRONMENTAL LTD 439855 19-Aug-2020 MATERIALS 37,399.06 HALLIDAY,LEE 439662 12-Aug-2020 REFUND 38.40 HAMILTON RADIATOR 440062 26-Aug-2020 MATERIALS 371.71 HAMMOND AIR CONDITIONING LTD.439856 19-Aug-2020 MATERIALS 741.67 HDS CANADA INC 439398 29-Jul-2020 MATERIALS 17.92 HDS CANADA INC 439504 05-Aug-2020 MATERIALS 11.30 HEART NIAGARA INC 439663 12-Aug-2020 MATERIALS 638.45 HEFFERMAN,MORGAN& HEFFERMAN, ASHLEY 439857 19-Aug-2020 REFUND 181.36 HENDERSON RECREATION EQUIPMENT LIMITED 439399 29-Jul-2020 MATERIALS 8,393.08 HENRY,T.J.439505 05-Aug-2020 REFUND 71.16 HICKS,BRUCE 439858 19-Aug-2020 REFUND 120.00 HILTON NIAGARA FALLS 439400 29-Jul-2020 REFUND 136.32 HOPKINS,JOSEPH& HOPKINS, STEFANIA 440063 26-Aug-2020 REFUND 227.95 HRDOWNLOADS INC 439664 12-Aug-2020 CONTRACT SERVICES 15,818.87 HURTUBUISE,SCOTT 439859 19-Aug-2020 REFUND 212.59 HUVR MEDIA 440064 26-Aug-2020 ADVERTISING 1,299.50 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC 440065 26-Aug-2020 MATERIALS 7,940.79 ICECO ADVANCED ARENA PRODUCTS 439401 29-Jul-2020 CONTRACT SERVICES 3,860.45 IDEAL DEVELOPMENT 439860 19-Aug-2020 REFUND 1,000.00 INLAND LIFERAFTS & MARINE LTD 439225 22-Jul-2020 MATERIALS 1,302.33 INLAND LIFERAFTS & MARINE LTD 439506 05-Aug-2020 MATERIALS 114.89 INNOTEX INC.439402 29-Jul-2020 MATERIALS 41,160.69 INNOVATIVE SURFACE SOLUTIONS CANADA 439403 29-Jul-2020 MATERIALS 5,443.23 INSULTINT 439226 22-Jul-2020 MATERIALS 728.85 INSULTINT 440066 26-Aug-2020 MATERIALS 728.85 IPCO ENTERPRISES INC 439665 12-Aug-2020 REFUND 1,250.00 J J MACKAY CANADA LTD 439228 22-Jul-2020 MATERIALS 22.93 J J MACKAY CANADA LTD 440068 26-Aug-2020 MATERIALS 28.80 JACK DOW AUTO SUPPLIES LIMITED 439227 22-Jul-2020 MATERIALS 814.19 JACK DOW AUTO SUPPLIES LIMITED 439404 29-Jul-2020 MATERIALS 19.61 JACK DOW AUTO SUPPLIES LIMITED 439507 05-Aug-2020 MATERIALS 67.69 JACK DOW AUTO SUPPLIES LIMITED 439666 12-Aug-2020 MATERIALS 284.02 JACK DOW AUTO SUPPLIES LIMITED 439861 19-Aug-2020 MATERIALS 1,632.17 JACK DOW AUTO SUPPLIES LIMITED 440067 26-Aug-2020 MATERIALS 544.05 JACKSON,DAVE 439667 12-Aug-2020 REFUND 349.92 JANSSEN,KYLE 439862 19-Aug-2020 MATERIALS 200.00 JOE JOHNSON EQUIPMENT 439508 05-Aug-2020 LEASES AND RENTS 12,712.50 JOHNNY RAG 439229 22-Jul-2020 MATERIALS 22.37 JOHNNY RAG 439509 05-Aug-2020 MATERIALS 1,367.71 JOJACKS CONCRETE RAISING (NIAGARA)439510 05-Aug-2020 CONTRACT SERVICES 10,000.50 JOJACKS CONCRETE RAISING (NIAGARA)439668 12-Aug-2020 CONTRACT SERVICES 435.05 JOY-FRASER,NICOLE 439669 12-Aug-2020 MATERIALS 300.00 JTS REPAIR LTD.439863 19-Aug-2020 MATERIALS 459.25 JUNG,EUNJI 439864 19-Aug-2020 REFUND 142.33 KAGRA,SANDEEP 439865 19-Aug-2020 REFUND 28.10 KAPITANCHUK,WILLIAM& KAPITANCHUK, MICHELLE 439670 12-Aug-2020 REFUND 500.00 Page 354 of 489 Page 8 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount KARES,TED 439866 19-Aug-2020 MATERIALS 200.00 KAUMEYER PAPER LTD 439511 05-Aug-2020 STORES/INVENTORY 288.15 KAUMEYER PAPER LTD 439671 12-Aug-2020 STORES/INVENTORY 984.68 KEEFER MANAGEMENT INC 439230 22-Jul-2020 LEASES AND RENTS 5,340.04 KEEFER MANAGEMENT INC 439867 19-Aug-2020 LEASES AND RENTS 5,340.04 KELLY DIGS LANDSCAPING 439231 22-Jul-2020 CONTRACT SERVICES 40,869.59 KELLY DIGS LANDSCAPING 439868 19-Aug-2020 CONTRACT SERVICES 14,672.44 KELLY DIGS LANDSCAPING 440069 26-Aug-2020 CONTRACT SERVICES 26,197.15 KENWORTH TRUCK CENTRES 439232 22-Jul-2020 STORES/INVENTORY 3,355.42 KENWORTH TRUCK CENTRES 439405 29-Jul-2020 STORES/INVENTORY 6.45 KENWORTH TRUCK CENTRES 439869 19-Aug-2020 STORES/INVENTORY 2,100.11 KENWORTH TRUCK CENTRES 440070 26-Aug-2020 STORES/INVENTORY 2,350.78 KERRY T HOWE ENGINEERING LTD 439406 29-Jul-2020 MATERIALS 18,715.36 KERRY T HOWE ENGINEERING LTD 440071 26-Aug-2020 MATERIALS 4,863.82 KOCSIS,HANNAH 439870 19-Aug-2020 REFUND 181.95 KOPP,ARAN 439233 22-Jul-2020 REFUND 150.00 KRAWCZYK CONSTRUCTION MAINTENANCE INC 439234 22-Jul-2020 CONTRACT SERVICES 1,689.35 KROWN 439672 12-Aug-2020 CONTRACT SERVICES 304.98 KRZYWORACZKA,GABERIEL& KRZYWORACZKA, BARBARA 439235 22-Jul-2020 REFUND 1,980.85 LAGERQUIST,JACQUELINE 439871 19-Aug-2020 REFUND 137.49 LANE,JAMES 439512 05-Aug-2020 REFUND 105.30 LAW CRUSHED STONE 439236 22-Jul-2020 MATERIALS 2,247.05 LAW CRUSHED STONE 440072 26-Aug-2020 MATERIALS 6,765.61 LAWNS AND MORE INC.439673 12-Aug-2020 CONTRACT SERVICES 15,868.36 LAWRENCE,AYVRI-KRYNN 439872 19-Aug-2020 REFUND 204.56 LAWSON PRODUCTS INC 439237 22-Jul-2020 MATERIALS 1,565.63 LAWSON PRODUCTS INC 439407 29-Jul-2020 MATERIALS 599.30 LAWSON PRODUCTS INC 439513 05-Aug-2020 MATERIALS 1,009.83 LAWSON PRODUCTS INC 439674 12-Aug-2020 MATERIALS 667.06 LAWSON PRODUCTS INC 439873 19-Aug-2020 MATERIALS 223.93 LAWSON PRODUCTS INC 440073 26-Aug-2020 MATERIALS 1,328.63 LE,CUONG 439874 19-Aug-2020 MATERIALS 53.76 LH (NIAGARA) LTD 440074 26-Aug-2020 REFUND 65.07 LIFESAVING SOCIETY 439876 19-Aug-2020 MATERIALS 221.15 LINCOLN APPLIANCE SERVICE CENTRE INC 440075 26-Aug-2020 CONTRACT SERVICES 149.16 LING & LING ENTERPRISES 439877 19-Aug-2020 REFUND 932.89 LITTLE,JOHN 439515 05-Aug-2020 SERVICES 210.00 LMCBO GROUP 439878 19-Aug-2020 MEMBERSHIP 300.00 LOCOCO,LORI 439408 29-Jul-2020 REFUND 244.24 LOMBARDI,MICHAEL 439516 05-Aug-2020 MATERIALS 90.39 LOMBARDI,MICHAEL 439675 12-Aug-2020 REFUND 120.00 LUCIOW,CARRIE 439409 29-Jul-2020 REFUND 100.00 LUMINATOR TECHNOLOGY GROUP US DRAFT 28-Jul-2020 CONTRACT SERVICES 1,593.90 MACDONALD,WANDA 440077 26-Aug-2020 REFUND 159.65 MACDOUGALL,NORM 439238 22-Jul-2020 MATERIALS 100.00 MACKENZIE,JENNIFER LYNN 439879 19-Aug-2020 REFUND 750.00 MACLEAN,DAVE 439517 05-Aug-2020 MATERIALS 40.00 MACMILLAN,KEN 440076 26-Aug-2020 REFUND 217.61 MACORETTA,JOSEPH CHRISTOPHER 439880 19-Aug-2020 REFUND 500.00 MAJUERY,TINA 440078 26-Aug-2020 REFUND 9.42 MANCUSO CHEMICALS LIMITED 439239 22-Jul-2020 MATERIALS 2,092.52 MANCUSO CHEMICALS LIMITED 439518 05-Aug-2020 MATERIALS 1,326.19 MANCUSO CHEMICALS LIMITED 439677 12-Aug-2020 MATERIALS 300.42 MANCUSO CHEMICALS LIMITED 439881 19-Aug-2020 MATERIALS 1,455.17 MANCUSO CHEMICALS LIMITED 440079 26-Aug-2020 MATERIALS 239.67 MANCUSO,FRANK& COTRUFO-MANCUSO, LISA 439882 19-Aug-2020 REFUND 1,000.00 MARIGLIA,COSMO NINO 439519 05-Aug-2020 REFUND 115.83 MARINE DOCTORS 439883 19-Aug-2020 MATERIALS 598.90 MARK'S COMMERCIAL 439240 22-Jul-2020 MATERIALS 37.47 MARK'S COMMERCIAL 439678 12-Aug-2020 MATERIALS 452.49 MARKS SUPPLY INC 439241 22-Jul-2020 MATERIALS 137.16 MARKS SUPPLY INC 439520 05-Aug-2020 MATERIALS 249.16 MARKS SUPPLY INC 439679 12-Aug-2020 MATERIALS 584.93 MARKS SUPPLY INC 439884 19-Aug-2020 MATERIALS 287.64 MARKS SUPPLY INC 440081 26-Aug-2020 MATERIALS 88.79 MARTINO,LISA FRANCINE 439885 19-Aug-2020 REFUND 750.00 MASCIA,ANTHONY 439886 19-Aug-2020 REFUND 750.00 MATE,IAN DAVID 440082 26-Aug-2020 REFUND 340.55 MAXFIELD,MARK CHARLES 439887 19-Aug-2020 REFUND 500.00 MAXWELL PAPER CANADA INC 439521 05-Aug-2020 MATERIALS 268.15 Page 355 of 489 Page 9 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MAXWELL PAPER CANADA INC 439680 12-Aug-2020 MATERIALS 41.83 MCCARTHY UNIFORMS 440083 26-Aug-2020 MATERIALS 635.63 MCKENZIE,LAURA MARGARET 440084 26-Aug-2020 REFUND 228.65 MCLACHLAN,MICHAEL 439888 19-Aug-2020 REFUND 750.00 MEDALLA,MARVIE 440085 26-Aug-2020 REFUND 126.35 MEISSNER,PATRICK& MEISSNER, YVETTE 440086 26-Aug-2020 REFUND 212.35 MERCER (CANADA) LIMITED 439889 19-Aug-2020 CONTRACT SERVICES 2,591.94 METAL SUPERMARKETS 439242 22-Jul-2020 MATERIALS 1,726.79 METAL SUPERMARKETS 439681 12-Aug-2020 MATERIALS 2,164.35 METRO FREIGHTLINER HAMILTON 439682 12-Aug-2020 STORES/INVENTORY 5,021.27 METRO PLUMBING & HEATING 439244 22-Jul-2020 CONTRACT SERVICES 5,881.65 METRO RICHELIEU 439891 19-Aug-2020 REFUND 1,250.00 METRO TRUCK GROUP 439892 19-Aug-2020 CONTRACT SERVICES 4,645.99 METRO TRUCK GROUP 439245 22-Jul-2020 MATERIALS 22,362.87 METRO TRUCK GROUP 439523 05-Aug-2020 STORES/INVENTORY 3,898.88 METROLAND MEDIA GROUP 439243 22-Jul-2020 ADVERTISING 4,207.66 METROLAND MEDIA GROUP 439522 05-Aug-2020 ADVERTISING 441.83 METROLAND MEDIA GROUP 439683 12-Aug-2020 ADVERTISING 274.59 METROLAND MEDIA GROUP 439890 19-Aug-2020 ADVERTISING 441.83 METROLAND MEDIA GROUP 440087 26-Aug-2020 ADVERTISING 1,388.51 MICHELS,JORDAN 440088 26-Aug-2020 MATERIALS 175.00 MILLS,J.T.439684 12-Aug-2020 MATERIALS 175.00 MINISTER OF FINANCE 439410 29-Jul-2020 PAYROLL REMITTANCE 79,049.13 MINISTER OF FINANCE 439411 29-Jul-2020 PAYROLL REMITTANCE 3,299.74 MINISTER OF FINANCE 440089 26-Aug-2020 PAYROLL REMITTANCE 79,414.62 MINISTER OF FINANCE 440090 26-Aug-2020 PAYROLL REMITTANCE 3,452.11 MINISTRY OF ATTORNEY GENERAL 00296-0007 27-Jul-2020 PAYROLL REMITTANCE 3,357.66 MINISTRY OF ATTORNEY GENERAL 00298-0003 10-Aug-2020 PAYROLL REMITTANCE 3,357.66 MINISTRY OF ATTORNEY GENERAL 00302-0005 24-Aug-2020 PAYROLL REMITTANCE 3,357.66 MIRESSE,NICK 439246 22-Jul-2020 MATERIALS 65.43 MIRZA,KAMRAN 440091 26-Aug-2020 REFUND 9.96 MISIK,CHRIS 440092 26-Aug-2020 MATERIALS 25.00 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 439893 19-Aug-2020 STORES/INVENTORY 5,204.43 MITCHELL REILLY PICTURES 439894 19-Aug-2020 MATERIALS 8,112.31 MNP LLP 439247 22-Jul-2020 CONTRACT SERVICES 8,454.68 MOASE,SUZANNE 439685 12-Aug-2020 MATERIALS 281.33 MODERN LANDFILL INC 439248 22-Jul-2020 CONTRACT SERVICES 1,099.97 MODERN LANDFILL INC 439412 29-Jul-2020 CONTRACT SERVICES 646.36 MODERN LANDFILL INC 439524 05-Aug-2020 CONTRACT SERVICES 5,256.33 MODERN LANDFILL INC 440093 26-Aug-2020 CONTRACT SERVICES 5,721.24 MODU-LOC FENCE RENTALS 440094 26-Aug-2020 CONTRACT SERVICES 1,434.38 MOHAWK MFG & SUPPLY CO 439249 22-Jul-2020 STORES/INVENTORY 1,933.60 MOHAWK MFG & SUPPLY CO 439525 05-Aug-2020 STORES/INVENTORY 174.52 MOHAWK MFG & SUPPLY CO 439895 19-Aug-2020 STORES/INVENTORY 8,188.19 MOHAWK MFG & SUPPLY CO 440095 26-Aug-2020 STORES/INVENTORY 1,016.09 MORANDIN,RICHARD ALBINO& MORANDIN, ERNESTINE 439897 19-Aug-2020 REFUND 500.00 MORGAN,ROBERT 440096 26-Aug-2020 REFUND 119.70 MORNEAU SHEPELL LTD 439250 22-Jul-2020 CONTRACT SERVICES 2,726.46 MORNEAU SHEPELL LTD 440097 26-Aug-2020 CONTRACT SERVICES 2,726.46 MORPHEW,KELLY 439896 19-Aug-2020 REFUND 500.00 MOTTOLA QUALITY CARDS LTD 440098 26-Aug-2020 REFUND 170.00 MOYER,VINCE 439686 12-Aug-2020 MATERIALS 175.00 MOYER,VINCE 440099 26-Aug-2020 MATERIALS 100.00 MTE PARALEGAL PROFESSIONAL CORPORATION 439251 22-Jul-2020 CONTRACT SERVICES 1,288.01 MTE PARALEGAL PROFESSIONAL CORPORATION 439898 19-Aug-2020 CONTRACT SERVICES 2,423.85 MUIR,PETER 439252 22-Jul-2020 REFUND 4,051.72 MULLER'S WORKWEAR 439253 22-Jul-2020 MATERIALS 371.08 MULLER'S WORKWEAR 439526 05-Aug-2020 MATERIALS 235.52 MULLER'S WORKWEAR 439687 12-Aug-2020 MATERIALS 510.93 MULLER'S WORKWEAR 440100 26-Aug-2020 MATERIALS 566.12 MUROWSKI,CHESTER 439688 12-Aug-2020 MATERIALS 40.57 MURRAY,JEFFREY A.J.439689 12-Aug-2020 MATERIALS 130.00 MUTHULINGAM,MAYURAN 440101 26-Aug-2020 REFUND 56.93 NAGY,CARMEN DONALD& NAGY, KRISTEN 439899 19-Aug-2020 REFUND 500.00 NANOS CONSTRUCTION 439900 19-Aug-2020 REFUND 500.00 NEDERMAN CANADA LIMITED 439690 12-Aug-2020 CONTRACT SERVICES 2,335.09 NELLA CUTLERY (HAMILTON) INC.439254 22-Jul-2020 CONTRACT SERVICES 101.70 NELLA CUTLERY (HAMILTON) INC.439691 12-Aug-2020 CONTRACT SERVICES 135.60 NELLA CUTLERY (HAMILTON) INC.440102 26-Aug-2020 CONTRACT SERVICES 33.90 NEPTUNE TECHNOLOGY GROUP CANADA CO.00302-0006 24-Aug-2020 CONTRACT SERVICES 350,746.35 Page 356 of 489 Page 10 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount NEPTUNE TECHNOLOGY GROUP CANADA CO.00296-0008 27-Jul-2020 MATERIALS 83,588.36 NEXTERRA SUBSTRUCTURES INC 439413 29-Jul-2020 CONTRACT SERVICES 84,831.89 NIAGARA ANALYTICAL LABORATORIES INC 439692 12-Aug-2020 CONTRACT SERVICES 294.93 NIAGARA ANALYTICAL LABORATORIES INC 440103 26-Aug-2020 CONTRACT SERVICES 793.26 NIAGARA ARTCRAFT WOODWORK COMPANY LIMITED 439901 19-Aug-2020 REFUND 1,250.00 NIAGARA BATTERY & TIRE 439255 22-Jul-2020 CONTRACT SERVICES 4,988.52 NIAGARA BATTERY & TIRE 439693 12-Aug-2020 CONTRACT SERVICES 2,856.62 NIAGARA BATTERY & TIRE 439902 19-Aug-2020 CONTRACT SERVICES 148.17 NIAGARA BATTERY & TIRE 440104 26-Aug-2020 CONTRACT SERVICES 573.47 NIAGARA BATTERY & TIRE 439414 29-Jul-2020 STORES/INVENTORY 8,988.38 NIAGARA BLOCK INCORPORATED 439694 12-Aug-2020 MATERIALS 21.20 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00302-0007 24-Aug-2020 REFUND 475.00 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00296-0009 27-Jul-2020 REMITTANCE 54,696.00 NIAGARA CHRYSLER DODGE JEEP 439415 29-Jul-2020 MATERIALS 1,281.76 NIAGARA CHRYSLER DODGE JEEP 439695 12-Aug-2020 MATERIALS 423.75 NIAGARA CUSTOM SIGNS & GRAPHICS 439696 12-Aug-2020 MATERIALS 508.50 NIAGARA DISTRICT AIRPORT COMMISSION 439256 22-Jul-2020 REMITTANCE 142,283.58 NIAGARA DRIVETRAIN CENTRE 439903 19-Aug-2020 MATERIALS 802.97 NIAGARA FALLS ART GALLERY 439257 22-Jul-2020 GRANT 2,333.33 NIAGARA FALLS ART GALLERY 440105 26-Aug-2020 GRANT 2,333.34 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00302-0008 24-Aug-2020 REMITTANCE 6,072.37 NIAGARA FALLS HUMANE SOCIETY 439258 22-Jul-2020 GRANT 43,916.67 NIAGARA FALLS HUMANE SOCIETY 440106 26-Aug-2020 GRANT 43,916.66 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00302-0009 24-Aug-2020 PAYROLL REMITTANCE 18,730.49 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00296-0010 27-Jul-2020 REMITTANCE 19,063.55 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00298-0004 10-Aug-2020 REMITTANCE 10,377.90 NIAGARA GLASS LTD 439259 22-Jul-2020 MATERIALS 2,531.20 NIAGARA HEALTH 439260 22-Jul-2020 MATERIALS 45.00 NIAGARA METER SERVICES INC.439261 22-Jul-2020 CONTRACT SERVICES 6,199.97 NIAGARA METER SERVICES INC.439697 12-Aug-2020 CONTRACT SERVICES 5,883.97 NIAGARA METER SERVICES INC.440107 26-Aug-2020 CONTRACT SERVICES 6,186.47 NIAGARA ON THE LAKE HYDRO INC 439416 29-Jul-2020 UTILITIES 101.07 NIAGARA ON THE LAKE HYDRO INC 440108 26-Aug-2020 UTILITIES 105.39 NIAGARA PARKS COMMISSION 439262 22-Jul-2020 MATERIALS 5,282.50 NIAGARA PENINSULA ENERGY INC 439263 22-Jul-2020 UTILITIES 147,060.14 NIAGARA PENINSULA ENERGY INC 439417 29-Jul-2020 UTILITIES 29,020.96 NIAGARA PENINSULA ENERGY INC 439527 05-Aug-2020 UTILITIES 2,162.75 NIAGARA PENINSULA ENERGY INC 439698 12-Aug-2020 UTILITIES 3,759.47 NIAGARA PENINSULA ENERGY INC 439904 19-Aug-2020 UTILITIES 3,813.00 NIAGARA PENINSULA ENERGY INC 440109 26-Aug-2020 UTILITIES 24,784.93 NIAGARA PINES DEVELOPMENTS LTD 439905 19-Aug-2020 REFUND 750.00 NIAGARA PINES DEVELOPMENTS LTD 440110 26-Aug-2020 REFUND 56.60 NIAGARA REGIONAL BROADBAND NETWORK 440111 26-Aug-2020 MATERIALS 33,143.65 NIAGARA REGIONAL BROADBAND NETWORK 439264 22-Jul-2020 SERVICES 31,593.29 NIAGARA REGIONAL BROADBAND NETWORK 439906 19-Aug-2020 SERVICES 25,761.37 NIAGARA REGIONAL HOUSING 439418 29-Jul-2020 REFUND 165.73 NIAGARA SPRING SERVICE LTD 439699 12-Aug-2020 CONTRACT SERVICES 466.46 NICKEL,ERIK 439265 22-Jul-2020 TRAVEL/MILEAGE 40.50 NING,JENNIFER 440112 26-Aug-2020 REFUND 164.31 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 440113 26-Aug-2020 STORES/INVENTORY 2,327.42 NORTHLAND DISTRIBUTION LTD.440114 26-Aug-2020 MATERIALS 620.25 NSF INTERNATIONAL STRATEGIC REGISTRATIONS CANADA 439700 12-Aug-2020 MATERIALS 2,825.00 O'BRIEN,CATHERINE F 440115 26-Aug-2020 REFUND 209.12 OLIVER,BRITTNEY LOUISE 439907 19-Aug-2020 REFUND 750.00 OMERS 00296-0011 27-Jul-2020 PAYROLL REMITTANCE 745,583.06 OMERS 00296-0012 27-Jul-2020 PAYROLL REMITTANCE 31,328.98 ON SIDE RESTORATION SERVICES (ONT.) LTD 439908 19-Aug-2020 REFUND 500.00 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 439909 19-Aug-2020 MATERIALS 2,497.30 ONTARIO ONE CALL 439266 22-Jul-2020 CONTRACT SERVICES 1,148.53 ONTARIO ONE CALL 440116 26-Aug-2020 CONTRACT SERVICES 1,145.42 ORKIN CANADA CORPORATION 439267 22-Jul-2020 CONTRACT SERVICES 203.40 ORKIN CANADA CORPORATION 440117 26-Aug-2020 CONTRACT SERVICES 178.54 ORT,BRYCE 440118 26-Aug-2020 REFUND 62.23 OVERLAND CUSTOM COACH (2007) INC.440119 26-Aug-2020 STORES/INVENTORY 60.28 OWNERA GROUP INC 439268 22-Jul-2020 MATERIALS 1,506.29 P MUNRO GROUP INC 439421 29-Jul-2020 CONTRACT SERVICES 256,743.25 PAKEMAN,NANCY& PAKEMAN, JAMES 440120 26-Aug-2020 REFUND 68.41 PALMIERI,GENNARO 439529 05-Aug-2020 REFUND 200.00 PANTUSA,ANTONIA& PANTUSA, BIAGIO 439269 22-Jul-2020 REFUND 1,980.85 PARADISE POOLS 439270 22-Jul-2020 MATERIALS 795.95 Page 357 of 489 Page 11 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PARADISE POOLS 439530 05-Aug-2020 MATERIALS 2,038.38 PARADISE POOLS 439701 12-Aug-2020 MATERIALS 549.49 PARADISE POOLS 439910 19-Aug-2020 MATERIALS 5,123.73 PARADISE POOLS 440121 26-Aug-2020 MATERIALS 9,696.10 PARTRIDGE,CHRIS 440122 26-Aug-2020 REFUND 120.70 PC AUTO ELECTRIC 439419 29-Jul-2020 MATERIALS 1,331.09 PC AUTO ELECTRIC 439911 19-Aug-2020 MATERIALS 77.46 PEACEFULL,IAN 439912 19-Aug-2020 MATERIALS 163.27 PEC ROOF MAINTENANCE 439271 22-Jul-2020 CONTRACT SERVICES 733.71 PEC ROOF MAINTENANCE 439702 12-Aug-2020 CONTRACT SERVICES 456.13 PENINSULA AUTO RECYCLING INC 440123 26-Aug-2020 CONTRACT SERVICES 2,373.00 PENINSULA CONSTRUCTION INC.439272 22-Jul-2020 CONTRACT SERVICES 7,006.00 PENINSULA HOSE & HYDRAULICS LTD.439420 29-Jul-2020 MATERIALS 319.14 PENINSULA HOSE & HYDRAULICS LTD.439703 12-Aug-2020 MATERIALS 232.07 PENNER BUILDING CENTRE 439273 22-Jul-2020 MATERIALS 754.01 PENNER BUILDING CENTRE 439531 05-Aug-2020 MATERIALS 509.55 PENNER BUILDING CENTRE 439705 12-Aug-2020 MATERIALS 14.92 PENNER BUILDING CENTRE 440124 26-Aug-2020 MATERIALS 359.11 PERFORMANCE CHRYSLER DODGE JEEP RAM FIAT 439706 12-Aug-2020 CONTRACT SERVICES 230.52 PERRAS,CHRISTIAN 440125 26-Aug-2020 REFUND 175.34 PETERS EXCAVATING INC 439274 22-Jul-2020 CONTRACT SERVICES 446,095.08 PETERS EXCAVATING INC 439913 19-Aug-2020 CONTRACT SERVICES 104,134.03 PIEROBON,PAUL 440126 26-Aug-2020 REFUND 134.35 PIETRANGELO,DAN 439914 19-Aug-2020 MATERIALS 45.00 PIETRANGELO,ROSEANNE 440127 26-Aug-2020 REFUND 45.48 PINERIDGE TREE SERVICE LTD 439275 22-Jul-2020 CONTRACT SERVICES 18,007.68 PINERIDGE TREE SERVICE LTD 439915 19-Aug-2020 CONTRACT SERVICES 6,339.30 PINERIDGE TREE SERVICE LTD 440128 26-Aug-2020 CONTRACT SERVICES 6,454.56 PIPETEK INFRASTRUCTURE SERVICES INC 439276 22-Jul-2020 CONTRACT SERVICES 35,034.69 PIPETEK INFRASTRUCTURE SERVICES INC 439532 05-Aug-2020 CONTRACT SERVICES 11,684.20 PIPETEK INFRASTRUCTURE SERVICES INC 439707 12-Aug-2020 CONTRACT SERVICES 52,452.41 PIPETEK INFRASTRUCTURE SERVICES INC 440129 26-Aug-2020 CONTRACT SERVICES 497.20 PML FOODS 439277 22-Jul-2020 MATERIALS 120.00 PML FOODS 439708 12-Aug-2020 MATERIALS 40.00 PML FOODS 439916 19-Aug-2020 MATERIALS 60.00 PML FOODS 440130 26-Aug-2020 MATERIALS 40.00 POSI-PLUS SERVICE CENTRE INC 439709 12-Aug-2020 CONTRACT SERVICES 3,690.52 POTTER,JAMES 439278 22-Jul-2020 MATERIALS 15.00 POTTER,JAMES 440131 26-Aug-2020 MATERIALS 20.00 PRAXAIR 439279 22-Jul-2020 CONTRACT SERVICES 63.35 PRAXAIR 440132 26-Aug-2020 CONTRACT SERVICES 79.18 PRAXAIR 439422 29-Jul-2020 MATERIALS 118.94 PRAXAIR 439710 12-Aug-2020 MATERIALS 293.22 PRECISION AUTOMOTIVE MACHINE SHOP 439917 19-Aug-2020 STORES/INVENTORY 226.00 PRECISION CURB CUTTING LTD 439533 05-Aug-2020 CONTRACT SERVICES 2,015.51 PREMIER EQUIPMENT LTD 439423 29-Jul-2020 MATERIALS 751.76 PREMIER EQUIPMENT LTD 439711 12-Aug-2020 MATERIALS 996.26 PREMIER EQUIPMENT LTD 439918 19-Aug-2020 MATERIALS 443.51 PREMIER TRUCK GROUP 439424 29-Jul-2020 MATERIALS 129.93 PREMIER TRUCK GROUP 439712 12-Aug-2020 MATERIALS 602.32 PREMIER TRUCK GROUP 439919 19-Aug-2020 MATERIALS 3,558.93 PREMIER TRUCK GROUP 440133 26-Aug-2020 MATERIALS 244,068.70 PREMIER TRUCK GROUP 439534 05-Aug-2020 STORES/INVENTORY 9,398.33 PREVOST 439280 22-Jul-2020 STORES/INVENTORY 1,242.71 PREVOST 439535 05-Aug-2020 STORES/INVENTORY 6,763.73 PREVOST 439713 12-Aug-2020 STORES/INVENTORY 613.81 PREVOST 440134 26-Aug-2020 STORES/INVENTORY 6,173.76 PRINTING HOUSE LTD 439920 19-Aug-2020 MATERIALS 490.86 PRO BATTERY SHOPS 439425 29-Jul-2020 MATERIALS 133.91 PRO BATTERY SHOPS 439714 12-Aug-2020 MATERIALS 256.51 PRO BATTERY SHOPS 439536 05-Aug-2020 STORES/INVENTORY 532.80 PROHASZKA,CARLENE 440135 26-Aug-2020 MATERIALS 95.00 PROJECT SHARE 440136 26-Aug-2020 FEE FOR SERVICE 24,866.66 PROJECT SHARE 439281 22-Jul-2020 GRANT 24,866.67 PROMO T'S IMPRINT & PROMOTIONAL PRODUCTS 439715 12-Aug-2020 MATERIALS 186.45 PUBLIC SECTOR DIGEST 439282 22-Jul-2020 SERVICES 11,211.40 PUROLATOR INC 439283 22-Jul-2020 COURIER 407.03 PUROLATOR INC 439537 05-Aug-2020 COURIER 4.53 PUROLATOR INC 439716 12-Aug-2020 COURIER 87.59 PUROLATOR INC 439921 19-Aug-2020 COURIER 122.78 Page 358 of 489 Page 12 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PUROLATOR INC 440137 26-Aug-2020 COURIER 141.65 PUROLATOR INC 439426 29-Jul-2020 MATERIALS 5.02 PVS CONTRACTORS 440138 26-Aug-2020 CONTRACT SERVICES 141.25 QING YUAN,CHEN 440139 26-Aug-2020 REFUND 186.61 QIU,NIANJIU 439922 19-Aug-2020 REFUND 601.00 QRX TECHNOLOGY GROUP/KERR NORTON 439923 19-Aug-2020 SERVICES 435.91 QUADIENT LEASING CANADA LTD 439538 05-Aug-2020 LEASES AND RENTS 661.05 QURESHI,AZHAR& QURESHI, RUBY 439924 19-Aug-2020 REFUND 500.00 R J SMITH EQUIPMENT INC 439289 22-Jul-2020 MATERIALS 1,017.00 R J SMITH EQUIPMENT INC 439431 29-Jul-2020 MATERIALS 6,068.10 R J SMITH EQUIPMENT INC 439721 12-Aug-2020 MATERIALS 2,147.00 R V ANDERSON ASSOCIATES LIMITED 439544 05-Aug-2020 MATERIALS 96,332.73 R. STASIAK ENGINEERING INC 439293 22-Jul-2020 MATERIALS 1,271.25 R. STASIAK ENGINEERING INC 440153 26-Aug-2020 MATERIALS 847.50 RACINE,LORRAINE 440140 26-Aug-2020 TRAVEL/MILEAGE 64.80 RACO AUTO SUPPLY LTD 439284 22-Jul-2020 STORES/INVENTORY 1,462.13 RACO AUTO SUPPLY LTD 439539 05-Aug-2020 STORES/INVENTORY 124.65 RACO AUTO SUPPLY LTD 439717 12-Aug-2020 STORES/INVENTORY 498.76 RACO AUTO SUPPLY LTD 439925 19-Aug-2020 STORES/INVENTORY 447.29 RAHNAMA,FEROOG 439926 19-Aug-2020 REFUND 1,250.00 RAINBOW PURE WATER 440141 26-Aug-2020 REFUND 155.31 RAJPUT,HUSSNA TARIQ 439427 29-Jul-2020 REFUND 186.91 RAMSEY,SHAHEEN 439927 19-Aug-2020 REFUND 1,250.00 RANKIN CONSTRUCTION INC 439428 29-Jul-2020 CONTRACT SERVICES 1,003,458.72 RANKIN CONSTRUCTION INC 440142 26-Aug-2020 CONTRACT SERVICES 1,094,962.49 RANKIN CONSTRUCTION INC 439285 22-Jul-2020 MATERIALS 22,148.00 RANKIN CONSTRUCTION INC 439928 19-Aug-2020 MATERIALS 20,723.98 RASHAD,ALI 439718 12-Aug-2020 REFUND 2,469.20 RBC INSURANCE 00298-0005 10-Aug-2020 REMITTANCE 1,990.59 RECEIVER GENERAL 439286 22-Jul-2020 REMITTANCE 562,930.02 RECEIVER GENERAL 439540 05-Aug-2020 REMITTANCE 551,860.56 RECEIVER GENERAL 439929 19-Aug-2020 REMITTANCE 562,500.12 RED SEAL CONTRACTING 439930 19-Aug-2020 MATERIALS 24,963.40 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.439541 05-Aug-2020 CONTRACT SERVICES 3,122.77 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.439429 29-Jul-2020 MATERIALS 1,396.86 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.439719 12-Aug-2020 MATERIALS 1,400.55 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.439931 19-Aug-2020 MATERIALS 185.12 REFRIGERATION ENERGY SOLUTIONS LTD 439542 05-Aug-2020 CONTRACT SERVICES 1,641.33 REFRIGERATION ENERGY SOLUTIONS LTD 439720 12-Aug-2020 CONTRACT SERVICES 8,006.44 REFRIGERATION ENERGY SOLUTIONS LTD 439932 19-Aug-2020 CONTRACT SERVICES 13,135.07 REGIONAL MUNICIPALITY OF NIAGARA 00296-0013 27-Jul-2020 CONTRACT SERVICES 4,106.50 REGIONAL MUNICIPALITY OF NIAGARA 00298-0006 10-Aug-2020 CONTRACT SERVICES 438,706.75 REGIONAL MUNICIPALITY OF NIAGARA 00301-0003 17-Aug-2020 CONTRACT SERVICES 4,970.19 REGIONAL MUNICIPALITY OF NIAGARA 00302-0010 24-Aug-2020 CONTRACT SERVICES 2,164,210.78 REGIONAL MUNICIPALITY OF NIAGARA 00297-0003 03-Aug-2020 MATERIALS 414,911.75 REGIONAL MUNICIPALITY OF NIAGARA 00299-0001 10-Aug-2020 REMITTANCE 22,490,576.00 REGIONAL NIAGARA OCCUPATIONAL HEALTH CLINIC 439287 22-Jul-2020 MATERIALS 2,691.25 REILLY,CARI 440144 26-Aug-2020 REFUND 187.63 RENNEBOOG-DHAMER,KELLY 440145 26-Aug-2020 REFUND 124.69 REYNOLDS,VALERIE 440146 26-Aug-2020 REFUND 110.17 RICHARDSON,RUBY ELAINE& MROZ, ELIZABETH LOUIS 439430 29-Jul-2020 REFUND 408.98 RICOH CANADA INC 439288 22-Jul-2020 LEASES AND RENTS 6,380.22 RICOH CANADA INC 440147 26-Aug-2020 SERVICES 5,848.90 RING,JOANNE 440148 26-Aug-2020 MATERIALS 750.00 ROBBINS,ROB 439290 22-Jul-2020 MATERIALS 1,750.00 ROCHESTER MIDLAND CANADA CORPORATION 440149 26-Aug-2020 CONTRACT SERVICES 3,749.50 ROCHESTER MIDLAND CANADA CORPORATION 439291 22-Jul-2020 MATERIALS 3,324.15 RODELA,INES 439933 19-Aug-2020 REFUND 750.00 ROGERS 439292 22-Jul-2020 CONTRACT SERVICES 1,966.16 ROGERS 439934 19-Aug-2020 CONTRACT SERVICES 824.16 ROGERS 440150 26-Aug-2020 CONTRACT SERVICES 2,000.85 ROGERS WIRELESS 439722 12-Aug-2020 MATERIALS 667.26 ROMANO,JOHN& ROMANO, MARIA 440151 26-Aug-2020 REMITTANCE 632.33 RONALD C. ELLENS APPRAISALS INC 439935 19-Aug-2020 MATERIALS 2,825.00 ROSATI,FRANK 439543 05-Aug-2020 REFUND 141.25 ROXBURGH,JOHN 440152 26-Aug-2020 REFUND 109.02 ROYAL BANK 439432 29-Jul-2020 REFUND 1,350.00 ROYER,ELIZABETH 439936 19-Aug-2020 REFUND 500.00 RUBIO,GIANCARLOS 440154 26-Aug-2020 REFUND 69.69 RUSH TRUCK CENTRES OF CANADA LTD 439723 12-Aug-2020 CONTRACT SERVICES 1,514.44 Page 359 of 489 Page 13 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount RUSH TRUCK CENTRES OF CANADA LTD 439294 22-Jul-2020 MATERIALS 723.18 RUSH TRUCK CENTRES OF CANADA LTD 439433 29-Jul-2020 MATERIALS 9.84 RUSH TRUCK CENTRES OF CANADA LTD 439937 19-Aug-2020 MATERIALS 200.04 RUSH TRUCK CENTRES OF CANADA LTD 440155 26-Aug-2020 MATERIALS 5,209.29 RYERSON UNIVERSITY 439295 22-Jul-2020 REMITTANCE 102,104.99 S.B. SIMPSON GROUP INC.439940 19-Aug-2020 STORES/INVENTORY 131.08 SACCO CONSTRUCTION LTD 440156 26-Aug-2020 CONTRACT SERVICES 1,774.10 SAFE STOR RECORDS MANAGEMENT 439297 22-Jul-2020 MATERIALS 294.93 SAFE STOR RECORDS MANAGEMENT 440157 26-Aug-2020 MATERIALS 294.93 SAFETY-KLEEN CANADA INC 439296 22-Jul-2020 CONTRACT SERVICES 612.73 SAFETY-KLEEN CANADA INC 439545 05-Aug-2020 STORES/INVENTORY 679.69 SAMROO,ESTATE OF DORIS 440158 26-Aug-2020 REFUND 127.37 SANI GEAR 439298 22-Jul-2020 MATERIALS 4,932.45 SANI GEAR 439546 05-Aug-2020 MATERIALS 2,105.64 SANI GEAR 439724 12-Aug-2020 MATERIALS 2,572.67 SANI GEAR 439938 19-Aug-2020 MATERIALS 1,447.53 SASSAFRAS FARMS 440159 26-Aug-2020 CONTRACT SERVICES 2,034.00 SAUER,NATHAN& SAUER, LEIGH-ANN 439939 19-Aug-2020 REFUND 1,250.00 SCALZO,ANTONIO 439941 19-Aug-2020 MATERIALS 1,629.98 SCHMIDT,ELISSA& VOHRA, RICKY 439547 05-Aug-2020 REFUND 519.00 SCHOUTEN EXCAVATING 439942 19-Aug-2020 REFUND 750.00 SCOTT BEST SEWER SERVICES 439725 12-Aug-2020 CONTRACT SERVICES 9,164.30 SCOTT BEST SEWER SERVICES 439943 19-Aug-2020 CONTRACT SERVICES 6,192.40 SCOTT BEST SEWER SERVICES 440160 26-Aug-2020 CONTRACT SERVICES 3,005.80 SCOTT,CATHERINE 440161 26-Aug-2020 REFUND 51.64 SCOTT,CHRIS 439434 29-Jul-2020 REFUND 200.00 SEAWAY FLUID POWER GROUP LTD 439548 05-Aug-2020 MATERIALS 1,727.84 SEAWAY FLUID POWER GROUP LTD 439726 12-Aug-2020 MATERIALS 839.57 SECILIA,JOHN 440162 26-Aug-2020 MATERIALS 100.00 SEDONA COMMUNITIES INC 439944 19-Aug-2020 REFUND 1,250.00 SEIB,MARK 439945 19-Aug-2020 MATERIALS 3,193.38 SENESE,ARJEAN 439727 12-Aug-2020 REFUND 945.43 SENKERIK FIRE PROTECTION 439299 22-Jul-2020 CONTRACT SERVICES 512.99 SENKERIK FIRE PROTECTION 439549 05-Aug-2020 CONTRACT SERVICES 371.75 SENKERIK FIRE PROTECTION 439728 12-Aug-2020 CONTRACT SERVICES 459.91 SERVICEMASTER CLEAN OF NIAGARA 439300 22-Jul-2020 CONTRACT SERVICES 21,866.65 SERVICEMASTER CLEAN OF NIAGARA 439550 05-Aug-2020 CONTRACT SERVICES 632.80 SERVICEMASTER CLEAN OF NIAGARA 439729 12-Aug-2020 CONTRACT SERVICES 10,214.35 SERVICEMASTER CLEAN OF NIAGARA 440163 26-Aug-2020 CONTRACT SERVICES 21,836.12 SEWELL'S AUTOMOTIVE SUPPLY 439946 19-Aug-2020 MATERIALS 639.20 SGL PLANNING & DESIGN INC.439947 19-Aug-2020 CONTRACT SERVICES 2,235.99 SHARP,BRI LINDSAY& SHARP, BRYAN 439948 19-Aug-2020 REFUND 750.00 SHARP,MIKE 439949 19-Aug-2020 REFUND 175.00 SHAW,FALYNN ROSE 440164 26-Aug-2020 REMITTANCE 210.00 SHAW,GLENNIS& SHAW, WAYNE 440165 26-Aug-2020 REFUND 114.25 SHAW,OLIVER GRAHAM& FARRACE, SABRINA 440166 26-Aug-2020 REFUND 169.50 SHEEHAN ARBITRATION MEDIATION SERVICES 440167 26-Aug-2020 CONTRACT SERVICES 3,390.00 SHELTON,JOSHUA R 439950 19-Aug-2020 REFUND 750.00 SHRED IT C/O STERICYCLE ULC 439301 22-Jul-2020 CONTRACT SERVICES 206.90 SIEBER JR,DON& LINKSON, JENNIFER 440168 26-Aug-2020 REFUND 93.99 SILVERGATE HOMES 439951 19-Aug-2020 REFUND 14,000.00 SINGH,GILL& VIKRAM, JEET 440169 26-Aug-2020 REFUND 114.95 SINKOWSKI,JESSICA 439952 19-Aug-2020 REFUND 119.88 SLACK,SCOTT 439953 19-Aug-2020 REFUND 175.00 SLOAN,JOHN M 439551 05-Aug-2020 REFUND 200.00 SMALL LOT FARMING AGENCY INC 439954 19-Aug-2020 REFUND 1,250.00 SNAP ON TOOLS OF CANADA LTD 439730 12-Aug-2020 MATERIALS 68.05 SPADZINSKI,REINHOLD& SPADZINSKI, MARGARETE 439955 19-Aug-2020 REFUND 500.00 SPARK INNOVATION EDUCATIONAL CENTER INC 00296-0014 27-Jul-2020 REMITTANCE 86,457.52 SPENCER,GERALD 439302 22-Jul-2020 MATERIALS 40.50 ST JOHN AMBULANCE 00296-0015 27-Jul-2020 GRANT 2,741.67 ST JOHN AMBULANCE 00300-0001 14-Aug-2020 REMITTANCE 25,072.13 STAMFORD HOME HARDWARE 439304 22-Jul-2020 MATERIALS 329.80 STAMFORD HOME HARDWARE 439731 12-Aug-2020 MATERIALS 107.29 STAMFORD HOME HARDWARE 439956 19-Aug-2020 MATERIALS 101.68 STANDISH,ASHLEE 439552 05-Aug-2020 MATERIALS 210.00 STANGL'S ENVIRO LAWN CARE 439305 22-Jul-2020 CONTRACT SERVICES 480.25 STANGL'S ENVIRO LAWN CARE 439554 05-Aug-2020 CONTRACT SERVICES 197.75 STANTEC CONSULTING LTD 439553 05-Aug-2020 CONTRACT SERVICES 2,992.12 STANTEC CONSULTING LTD 439303 22-Jul-2020 MATERIALS 10,197.71 Page 360 of 489 Page 14 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount STAPLES BUSINESS ADVANTAGE 439435 29-Jul-2020 MATERIALS 292.22 STAPLES BUSINESS ADVANTAGE 439555 05-Aug-2020 MATERIALS 560.99 STAPLES BUSINESS ADVANTAGE 439306 22-Jul-2020 STORES/INVENTORY 1,967.65 STAPLES BUSINESS ADVANTAGE 439732 12-Aug-2020 STORES/INVENTORY 2,735.76 STAPLES BUSINESS ADVANTAGE 439957 19-Aug-2020 STORES/INVENTORY 2,743.82 STAPLES BUSINESS ADVANTAGE 440170 26-Aug-2020 STORES/INVENTORY 1,888.62 STEVENS,AMANDA 439436 29-Jul-2020 REFUND 151.66 STEVENSVILLE LAWN SERVICE INC 439733 12-Aug-2020 CONTRACT SERVICES 178,548.50 STINSON EQUIPMENT LIMITED 439437 29-Jul-2020 MATERIALS 6,743.39 STOKES INTERNATIONAL 439307 22-Jul-2020 MATERIALS 2,686.73 STORAGE NIAGARA 439308 22-Jul-2020 CONTRACT SERVICES 199.26 STORAGE NIAGARA 439958 19-Aug-2020 MATERIALS 1,932.30 STRANGES,LOU 440171 26-Aug-2020 TRAVEL/MILEAGE 225.18 STUBBS,ROBERT 439438 29-Jul-2020 REFUND 150.00 SULLIVAN,PEIGHTON& HAWKINS, CLAYTON 440172 26-Aug-2020 REFUND 285.06 SUN LIFE ASSURANCE COMPANY OF CANADA 00298-0007 10-Aug-2020 REMITTANCE 456,866.65 SUN LIFE ASSURANCE COMPANY OF CANADA 00301-0004 17-Aug-2020 REMITTANCE 3,218.48 SUN,YI 440173 26-Aug-2020 REFUND 83.30 SUPER PIZZA FOR ONE 440174 26-Aug-2020 REFUND 37.04 SUPERIOR FOOD SERVICE 439959 19-Aug-2020 MATERIALS 275.71 SUPERIOR LAUNDRY SERVICE LTD.440175 26-Aug-2020 CONTRACT SERVICES 205.66 SUPERIOR PROPANE 439309 22-Jul-2020 CONTRACT SERVICES 39.56 SUPERIOR PROPANE 439960 19-Aug-2020 MATERIALS 39.56 SYSTEMMACS VOICE DATA SOLUTIONS 439734 12-Aug-2020 SERVICES 126.41 TALK WIRELESS INC 440176 26-Aug-2020 CONTRACT SERVICES 1,440.75 TALK WIRELESS INC 439310 22-Jul-2020 MATERIALS 2,701.59 TALK WIRELESS INC 439439 29-Jul-2020 MATERIALS 712.74 TALK WIRELESS INC 439735 12-Aug-2020 MATERIALS 54.24 TALK WIRELESS INC 439961 19-Aug-2020 MATERIALS 276.85 TAWACHI,EAMAN 440177 26-Aug-2020 REFUND 170.49 TAXITAB 439311 22-Jul-2020 CONTRACT SERVICES 149.16 TAYLOR,TONY 439962 19-Aug-2020 MATERIALS 50.00 TAYLORS WATER SERVICE 440178 26-Aug-2020 MATERIALS 300.00 TELUS COMMUNICATIONS COMPANY 439963 19-Aug-2020 SERVICES 5,136.46 TENAQUIP LIMITED 439312 22-Jul-2020 MATERIALS 1,733.24 TENAQUIP LIMITED 439736 12-Aug-2020 STORES/INVENTORY 252.35 TENAQUIP LIMITED 439964 19-Aug-2020 STORES/INVENTORY 234.10 TERANET INC 440179 26-Aug-2020 REMITTANCE 4,000.00 TERON,KJ 440180 26-Aug-2020 REFUND 33.73 THAM,JILL 439737 12-Aug-2020 REFUND 500.00 THE BURKE GROUP 439801 19-Aug-2020 CONTRACT SERVICES 1,446.40 THISTLEWAITE YARDWORKS 439556 05-Aug-2020 CONTRACT SERVICES 581.95 THOMPSON AHERN & CO LIMITED 439738 12-Aug-2020 CONTRACT SERVICES 344.53 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 439313 22-Jul-2020 CONTRACT SERVICES 813.22 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 440181 26-Aug-2020 CONTRACT SERVICES 1,547.72 TNT WORK & RESCUE 440182 26-Aug-2020 MATERIALS 9,140.12 TOOLBOX 439440 29-Jul-2020 MATERIALS 242.71 TOROMONT CAT 439441 29-Jul-2020 CONTRACT SERVICES 133.34 TOROMONT CAT 439739 12-Aug-2020 MATERIALS 1,266.92 TOROMONT CAT 439965 19-Aug-2020 MATERIALS 897.22 TOTAL LAND CARE SERVICES 439314 22-Jul-2020 CONTRACT SERVICES 1,412.50 TOTAL LAND CARE SERVICES 439442 29-Jul-2020 CONTRACT SERVICES 2,599.00 TOTH,JONATHAN 439315 22-Jul-2020 MATERIALS 75.56 TRANSAXLE PARTS (HAMILTON) INC.439557 05-Aug-2020 MATERIALS 84.30 TRANSAXLE PARTS (HAMILTON) INC.439740 12-Aug-2020 MATERIALS 7,510.15 TRANSAXLE PARTS (HAMILTON) INC.439316 22-Jul-2020 STORES/INVENTORY 1,084.12 TRANSAXLE PARTS (HAMILTON) INC.439966 19-Aug-2020 STORES/INVENTORY 436.63 TREASURE HOUSE IMPORTS LTD 439558 05-Aug-2020 MATERIALS 6,429.42 TRIFKOVIC,MIHAJLO 439967 19-Aug-2020 REFUND 1,000.00 TUCKER DESIGN-BUILD INC 439968 19-Aug-2020 REFUND 750.00 TUKONIC,DIANE 439969 19-Aug-2020 PETTY CASH 224.36 TURF CARE PRODUCTS CANADA LIMITED 439741 12-Aug-2020 MATERIALS 386.25 TWARDAWSKY,NICK 439742 12-Aug-2020 TRAVEL/MILEAGE 97.20 UCC INDUSTRIES INTERNATIONAL INC 439317 22-Jul-2020 MATERIALS 2,758.05 UCC INDUSTRIES INTERNATIONAL INC 439559 05-Aug-2020 MATERIALS 1,040.28 ULINE CANADA CORPORATION 439318 22-Jul-2020 MATERIALS 342.50 ULINE CANADA CORPORATION 439443 29-Jul-2020 MATERIALS 219.67 ULINE CANADA CORPORATION 439560 05-Aug-2020 STORES/INVENTORY 93.11 ULINE CANADA CORPORATION 439743 12-Aug-2020 STORES/INVENTORY 443.07 UNIFIRST CANADA LTD 439319 22-Jul-2020 MATERIALS 150.34 Page 361 of 489 Page 15 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount UNISYNC GROUP LTD 439744 12-Aug-2020 MATERIALS 6,587.06 UNITED WAY NIAGARA 439320 22-Jul-2020 PAYROLL REMITTANCE 900.46 UNITED WAY NIAGARA 439970 19-Aug-2020 PAYROLL REMITTANCE 902.46 UPPER CANADA CONSULTANTS 439562 05-Aug-2020 MATERIALS 3,842.00 URBAN & ENVIRONMENTAL MANAGEMENT INC 439321 22-Jul-2020 MATERIALS 13,057.15 URBAN & ENVIRONMENTAL MANAGEMENT INC 439971 19-Aug-2020 MATERIALS 21,232.60 URGE TO PURGE 439322 22-Jul-2020 CONTRACT SERVICES 1,384.25 URGE TO PURGE 439563 05-Aug-2020 CONTRACT SERVICES 1,327.75 URGE TO PURGE 439745 12-Aug-2020 CONTRACT SERVICES 9,881.85 URGE TO PURGE 439972 19-Aug-2020 CONTRACT SERVICES 2,395.60 URGE TO PURGE 440183 26-Aug-2020 CONTRACT SERVICES 3,921.11 V GIBBONS CONTRACTING LTD 439326 22-Jul-2020 MATERIALS 78,274.40 VALEO,SALVATORE 439973 19-Aug-2020 TRAINING 1,610.25 VALUE MUFFLER & BRAKE CENTRE 439746 12-Aug-2020 MATERIALS 1,304.24 VANCOR SUPPLY 439323 22-Jul-2020 MATERIALS 630.65 VANCOR SUPPLY 439444 29-Jul-2020 MATERIALS 1,576.20 VANDEN BUSSCHE IRRIGATION 439564 05-Aug-2020 MATERIALS 508.71 VANDERLEE,DARREN 439324 22-Jul-2020 MATERIALS 40.57 VANDERPLAATS FREDMAN,REBECCA 439325 22-Jul-2020 REFUND 495.21 VANDERWEYDEN CONSTRUCTION 439974 19-Aug-2020 CONTRACT SERVICES 10,858.76 VECTOR TOOLING 439975 19-Aug-2020 MATERIALS 926.60 VERNON,PATRICK 439565 05-Aug-2020 MATERIALS 200.00 VETERE,DR. MARIA 439566 05-Aug-2020 MATERIALS 210.00 VIC VATRT CONTRACTING LTD 439445 29-Jul-2020 CONTRACT SERVICES 50,308.46 VIKING SECURITY 439327 22-Jul-2020 CONTRACT SERVICES 214.42 VIKING SECURITY 439747 12-Aug-2020 CONTRACT SERVICES 311.88 VIKING SECURITY 439976 19-Aug-2020 CONTRACT SERVICES 103.96 VILLELLA,MARIO 439328 22-Jul-2020 MATERIALS 100.00 VILLENEUVE,CHRIS 439446 29-Jul-2020 REFUND 200.00 VISCA,BERNIE 439977 19-Aug-2020 REFUND 1,250.00 VITTIE,JANET 440184 26-Aug-2020 SERVICES 435.05 WAJAX 439748 12-Aug-2020 CONTRACT SERVICES 581.39 WAKEMAN,TIM& WAKEMAN, SHAUNA 439978 19-Aug-2020 REFUND 750.00 WALKER AGGREGATES INC 439329 22-Jul-2020 MATERIALS 2,962.96 WALKER AGGREGATES INC 439567 05-Aug-2020 MATERIALS 1,198.48 WALKER AGGREGATES INC 439979 19-Aug-2020 MATERIALS 601.99 WALKER ENVIRONMENTAL GROUP INC.439330 22-Jul-2020 MATERIALS 38.23 WATER CONCEPTS 439331 22-Jul-2020 MATERIALS 1,350.35 WATSON & ASSOCIATES ECONOMISTS LTD 439568 05-Aug-2020 CONTRACT SERVICES 9,215.43 WATSON & ASSOCIATES ECONOMISTS LTD 439980 19-Aug-2020 CONTRACT SERVICES 9,380.41 WEINMANN LIMITED 439332 22-Jul-2020 CONTRACT SERVICES 56,264.34 WEINMANN LIMITED 439749 12-Aug-2020 CONTRACT SERVICES 9,184.33 WELMAR RECREATIONAL PRODUCTS 439333 22-Jul-2020 MATERIALS 727.72 WESCO DISTRIBUTION CANADA INC 439334 22-Jul-2020 STORES/INVENTORY 977.45 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.439981 19-Aug-2020 MATERIALS 383.54 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.439335 22-Jul-2020 STORES/INVENTORY 699.54 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.439569 05-Aug-2020 STORES/INVENTORY 113.45 WHITBY,GARY 439982 19-Aug-2020 MATERIALS 120.00 WHITELINE ARCHITECTS INC 439337 22-Jul-2020 MATERIALS 6,772.61 WILDFIRE SPECIALISTS INC 439571 05-Aug-2020 CONTRACT SERVICES 3,390.00 WILKINSON,SCOTT 439447 29-Jul-2020 REFUND 175.00 WILLOUGHBY VOLUNTEER FIRE DEPARTMENT 440186 26-Aug-2020 LEASES AND RENTS 5,077.33 WOLSELEY CANADA INC.439338 22-Jul-2020 MATERIALS 1,486.32 WOLSELEY CANADA INC.439984 19-Aug-2020 MATERIALS 1,207.13 WOLSELEY CANADA INC.439572 05-Aug-2020 STORES/INVENTORY 2,359.86 WOLSELEY CANADA INC.439751 12-Aug-2020 STORES/INVENTORY 13,165.28 WOMEN'S PLACE OF SOUTH NIAGARA INC 440187 26-Aug-2020 FEE FOR SERVICE 1,612.50 WOMEN'S PLACE OF SOUTH NIAGARA INC 439339 22-Jul-2020 GRANT 1,612.50 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 439752 12-Aug-2020 MATERIALS 460.36 WORK AUTHORITY 439340 22-Jul-2020 MATERIALS 739.26 WORK AUTHORITY 439753 12-Aug-2020 MATERIALS 400.00 WORK AUTHORITY 439985 19-Aug-2020 MATERIALS 563.84 WSIB 439754 12-Aug-2020 REMITTANCE 323,227.53 WSIB 439755 12-Aug-2020 REMITTANCE 909.62 WSIB 439756 12-Aug-2020 REMITTANCE 2,320.12 WSIB 439986 19-Aug-2020 REMITTANCE 10,876.04 WSIB 440188 26-Aug-2020 REMITTANCE 38,175.25 WURSTER,DOROTHY ELIZABETH 439757 12-Aug-2020 REFUND 141.25 XCG CONSULTING LIMITED 439341 22-Jul-2020 MATERIALS 1,145.82 XPLORNET COMMUNICATIONS INC 439342 22-Jul-2020 SERVICES 101.69 Page 362 of 489 Page 16 of 16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount YMCA OF NIAGARA 439758 12-Aug-2020 CONTRACT SERVICES 2,098.00 YOUNG,SHIRLEY DIANNE& BANKAS, JODY 440190 26-Aug-2020 REFUND 65.49 YWCA 440191 26-Aug-2020 FEE FOR SERVICE 4,277.75 YWCA 439343 22-Jul-2020 GRANT 4,277.75 ZAMBONI COMPANY LTD 439759 12-Aug-2020 CONTRACT SERVICES 3,762.64 ZEP SALES AND SERVICE OF CANADA 439344 22-Jul-2020 MATERIALS 788.63 Total 41,604,112.20 Page 363 of 489 MW-2020-24 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works – Engineering Services SUBJECT: MW-2020-24 Lundy’s Lane Streetscape Revitalization OPG Parkette RECOMMENDATION 1. That Council authorize staff to allocate surplus funds from the approved 2017 Capital Budget for Lundy’s Lane Streetscape Revitalization Phase 1 project to advance the Lundy’s Lane OPG Parkette project. EXECUTIVE SUMMARY The purpose of this report is to update Council on the Lundy’s Lane Streetscape Revitalization Project progress and seek authorization to advance the Lundy’s Lane OPG Parkette using surplus capital funds from Phase 1 works. BACKGROUND On November 22, 2016 Niagara Falls City Council accepted the Lundy’s Lane Streetscape Master Plan (report MW-2016-46), authorized funding for proposed phase 1 works of the Master Plan and accepted the Lundy’s Lane BIA cost sharing proposal. Phase 1 works included; street tree planting, street furniture improvements, sidewalk improvements, utility box wraps, street light standard improvements and streetscape median and gateway features. Sidewalks and median improvements were also proposed on Ferry Street from Main Street to Drummond Road as part of Phase 1 works. The Lundy’s Lane Streetscape Revitalization Project was established to implement the Lundy’s Lane Streetscape Master Plan. The first phase of Lundy’s Lane Streetscape Revitalization Project is mostly complete; Street Tree Planting – Completed 2018 Street furniture improvements – completed 2019 Sidewalk (Bus/Wego stop) improvements – completed 2019 Utility box wraps – completed 2019 Street light standard improvements – in progress with Niagara Region cooperation Streetscape median and gateway features – in construction with anticipated completion fall 2020 Page 364 of 489 2 MW-2020-24 September 15, 2020 Sidewalk and median improvements along Ferry Street, from Main Street to Drummond Road have been deferred from phase 1 works to phase 2. The design and development of the OPG Parkette is a priority project of the Lundy’s Lane Streetscape Revitalization Phase 2. The OPG Parkette is a proposed public space for residents and tourists alike situated on the Northeast quadrant of the Lundy’s Lane OPG canal crossing. This space would provide a venue for smaller public events and day-to-day public enjoyment. The story of hydro generation in the City of Niagara Falls is anticipated to be a key component of this parkette. In the future, connections between this space and the Millennium Trail system as wells as the Gary Hendershot Trail could be established. ANALYSIS/RATIONALE Significant preliminary design works will be required prior to technical engineering design of the OPG Parkette. These works will include; master planning for park needs and requirements, environmental studies and stakeholder engagement. Detailed budgetary estimates for the future development of the OPG Parkette would also be drafted. The Lundy’s Lane OPG Parkette is proposed on lands owed by Ontario Power Generation. An agreement with Ontario Power Generation will also be needed to establish a new park in this location. FINANCIAL/STAFFING/LEGAL IMPLICATIONS $1,547,412 was approved in the 2017 Capital Budget for the Lundy’s Lane Streetscape Revitalization Phase 1 project. There are surplus funds within the Phase 1 project account that can be reallocated to support the advancement of the Lundy’s Lane OPG Parkette project. Approximately $90,000+HST will be required to advance the preliminary design works for the Lundy’s Lane OPG Parkette project. There are no staffing or legal implications with this report. CITY’S STRATEGIC COMMITMENT This project meets City Council’s strategic priority for Economic Growth and Prosperity by investing in Niagara’s global brand. LIST OF ATTACHMENTS 1. Report MW -2016-46, Lundy’s Lane Streetscape Master Plan Recommended by: Erik Nickel, Director of Municipal Works/City Engineer Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen Page 365 of 489 Page 366 of 489 MW-2016-46 November 22, 2016 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2016-46 Lundy's Lane Streetscape Master Plan RECOMMENDATION 1. That the Lundy's Lane Streetscape Master Plan developed by O'Connor Mokrycke Consultants be accepted. 2. That the funding for the Phase 1 improvements be referred to the 2017 Capital budget deliberations for consideration. EXECUTIVE SUMMARY The streetscape master plan focuses on public space improvements of key locations along Lundy's Lane between Main Street and Garner Road. The key locations include signalized intersections, gateways, bridges and recreational trail connections. At these locations the master plan proposes enhanced sidewalk paving, landscaping, heritage themed street furniture, banner poles, planters, utility box wraps and heritage themed signage. Areas between these key locations will receive beautification through enhanced tree planting and heritage street-lighting upgrades. The streetscape master plan proposes that improvements be implemented through a 3 phase strategy coordinated with the Niagara Region. This project has significant financial implications and for this reason staff is recommending that it be considered in the context of the other investment priorities for the Corporation during the annual Capital Budget deliberations. The purpose of this report is to seek Council's acceptance of the streetscape master plan and receive direction on advancing a funding request to support the proposed works. BACKGROUND At the July 8, 2014 Council meeting, City Council directed staff to undertake improvement projects identified by the Lundy's Lane BIA. One of these projects was to complete a new streetscape master plan for Lundy's Lane. Refer to attachment #1. To facilitate the streetscape master plan, O'Connor Mokrycke Consultants (OMC) was retained by City Staff. ANALYSIS/RATIONALE The streetscape master plan for Lundy's Lane was developed with the assistance of a Page 367 of 489 November 22, 2016 2 - MW-2016-46 stakeholder working group. This working group included individuals from City of Niagara Falls staff (Municipal Works Engineering, Municipal Works Maintenance & Planning), Niagara Region Staff (Public Works & Planning) and the Lundy's Lane BIA. The streetscape master plan focuses on public space improvements of key locations along Lundy's Lane between Main Street and Garner Road. The key locations include signalized intersections, gateways, bridges and recreational trail connections. At these locations the master plan proposes enhanced sidewalk paving, landscaping, heritage themed street furniture, banner poles, planters, utility box wraps and heritage themed signage. Areas between these key locations will receive beautification through enhanced tree planting and heritage street lighting upgrades. Refer to attachment#2. Through the design process City and Regional staff determined that sections of Lundy's Lane will need water main and sewer replacements, pavement rehabilitation and street lighting replacements. Furthermore, the north bridge over the OPG canal will require significant improvements. All of these infrastructure investments have been identified for works over a 5 to 10 year horizon. The Lundy's Lane Streetscape Master Plan recognizes the infrastructure improvements that are necessary along the lane and sees this as an opportunity for synergies. Working with larger infrastructure project, some construction costs associated with the streetscape improvements can be reduced. As a result, the streetscape master plan proposes that improvements be implemented through a 3 phase strategy that coordinates with future infrastructure projects. The phasing was determined by implementation constraints/opportunities and can be explained as follows: Phase 1 projects are works that can commence in a timely fashion upon funding approval. There are no impacts from future infrastructure works. Phase 2 projects are works that require external stakeholder approval/agreements and may need larger amounts of planning/design work. There are no impacts from future infrastructure works. Phase 3 projects are works that should advance with City and Regional infrastructure works. On June 29, 2016 the Lundy's Lane Streetscape Master Plan was presented to the BIA membership at the Annual General Meeting. Similar to other BIA partnered streetscape improvement projects, the Lundy's Lane BIA has stated a willingness to contribute funds to advance improvements. However, there is no firm commitment of an amount of funding the BIA is willing to back at this time. The Niagara Region has established the Public Realm Investment Program 2016 Pilot to assist in facilitating local area municipalities to invest in public spaces along regional roadways. City staff applied for funding under this program and received support for the purchase of benches, bike racks, waste receptacles and utility wraps within the phase 1 area. Refer to attachment#3. Page 368 of 489 November 22, 2016 3 - MW-2016-46 FINANCIAL IMPLICATIONS The budgetary estimate for the Lundy's Lane Streetscape Master Plan has been estimated as follows: Phase 1 $1,547,412 Phase 2 $2,034,414 Phase 3 $2,105,046 Total 5,686,873 The budgetary estimate for the streetscape master plan is based on the best information available and will be reviewed and refined at the engineering design stage. At this time, it is premature to commit funding from this or any source without understanding the impacts on the overall Capital Budget. Accordingly, it is recommended that this project should be referred to the Capital Budget Review process so that it can be prioritized with other important investment decisions. Funding in the amount of$29,310 was committed by the Niagara Region Public Realm Investment Program to support street furniture and utility wraps within phase 1 of the Lundy's Lane Streetscape Master Plan. CITY'S STRATEGIC COMMITMENT This project meets City Council's strategic priority for Economic Growth and Prosperity by investing in Niagara's global brand. LIST OF ATTACHMENTS 1.Lundy's BIA Letter, June 13, 2014 2.Lundy's Lane Streetscape Master Plan —OMC (executive summary; full copy on website) 3.Public Realm Investment Program 2016 Pilot— RR20 Lundy's Lane (Phase 1) letter Recommended by: Geoff Hol an, Director of Municipal Works Respectfully submitted: 2-1 /4j Ken T dd, Chief Administrative Officer David Antonsen/GH Page 369 of 489 LundysLane rv,vsv•LUNDYSLANE•DOM June 13,2014 Mayor Jim Diodati&Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls,ON L2E 655 Re: Lundy's Lane Battlefield Gateway Project Welcome to Lundy's Lane Sign Lundy's Lane Streetscape Master Plan Dear Mayor Diodati&Members of Council; Over the years,Lundy's Lane has always been one of the main arteries of Niagara Falls. Today, Lundy's Lane is quickly becoming the major growth neighbourhood of Niagara Falls for both residential and commercial development.The Lundy's Lane BIA and its'Board of Directors are fully aware of this growth and the need to bring the infrastructure and Streetscaping of Lundy's Lane up to first class standards. Currently,the infrastructure and Streetscaping of the Lane lags way behind every other WA in Niagara Falls.Virtually every BIA in Niagara has gone through a major Streetscaping revitalization except Lundy's Lane. With this goal in mind,the LLBIA has been actively working with City Staff over the last 10 months on the Lundy's Lane Gateway Arch,the Lundy's Lane Battlefield Park Master Plan and in trying to establish a long term Streetscape Master Plan and CIP for Lundy's Lane. Even though significant strides were being made,we have continually been besieged by setbacks. Outlined below are issues that need to be resolved: Lundy's Lane Battlefield Arch&'Welcome to Lundy's Lane'Component Streetscaping Master Plan Design Decisions for Gardner Rd&Lundy's Lane Intersection—work starting Sept 1,2014 The Lundy's Lane BIA has been actively involved with City Staff for many years on the Commemoration of the Lundy's Lane Battlefield and the Battle of Lundy's Lane. To show our commitment toward these projects,the LLBIA pledged$40,000 for the design,development and installation of four plaques depicting the site in the early 2000's. In recent years,the LLBIA has contributed$150,000 toward the construction of the Battle of Lundy's Lane Gateway Arch and our 1 Page 370 of 489 commitment was contingent upon a'Welcome to Lundy's Lane'element. Through the IBI design process,it was determined that the'Welcome to Lundy's Lane'element did not fit with the design and historical significance of the Arch. Through consultation with City Staff and the IBI Group,it was determined that the'Welcome to Lundy's Lane'feature should be located off of the monument,ideally at the entrance to Lundy's Lane-our'Eastern Gateway'. This was a major concession by the LLBIA Board of Directors as this feature was the main impetus of this large of a financial contribution. On November 26,2013,the LLBIA approached Council—through Report MW-2013-60 prepared by City Staff—that"Staff and the consultant be directed to work with Lundy's Lane BIA to establish an acceptable"Welcome to Lundy's Lane"feature in addition to or in conjunction with the Gateway Project..."This report was unanimously approved and City Staff were advised to work with the LLBIA to meet their needs. On December 9,2013 the LLBIA met with Geoff Holman and support staff to go over the details of Council's directive as well as address the development of a long-term Streetscape Master Plan for Lundy's Lane. As a result,File 340-14 Lundy's Lane Streetscape Projects was created and issued by Geoff Holman to the LLBIA on January 9,2014.Item 4 stated:"We discussed the input from the LLBIA on the final plans for the Gateway Project and we appreciate you working closely with the consultant to achieve the best solution. I trust that you are feeling more positive about an ongoing consultant to the LLBIA and I look forward to bringing these great initiatives to fruition cver the next year or so". On January 21,2014 an email from Jeff Claydon regarding the Update on'Welcome to Lundy's Lane'Feature stated: "L1 terms of the Welcome to LL sign feature,I am working on a draft design so that I can give I3/a better idea of what we discussed,so they have something to work from... I had a good meeting with the Region last Friday... they were very receptive to the idea of improving this key intersection and were receptive to replacing the galvanized poles with the black poles and larger more decorative street signs". On February 5,2014 an email response from Geoff Holman to Jim Aeoli,Region of Niagara,RE: NW Corner of Lundy's Lane and Main Street:Brilliant!Thanks for your help lim.. I will forward this to our staff and BiA to discuss next steps. It is acknowledged that the property acquisition would be at the City's expense and that the property would be dedicated to the Region... We will also wart to discuss what signage the City/BIA has in mind so that your process and its requirements are taker into consideration before the purchase is completed... Earlier on February 5,2014—Jim Zeoli from the Region emailed: 'Attached is the corner requirement we talked about in your office about a month ago. The notes are self-explanatory... The daylight could woke up part of the Main Street right-of-way. As such the Region would not own the property. An agreement for the BIA sign would not include the Region;however, we would like to see the design prior to installation... 2 Page 371 of 489 gEGIGAIAL aoau'0 5 ih'E! On February 19,2014,Jeff Claydon showed the LLBIA a rough sketch of the'Welcome to Lundy's Lane'Sign for the NW Corner of Lundy's Lane and Main Street and encouraged feedback.From the resulting feedback,the following sketch was generated by the IBI Group for further feedback and to show how the sign could act as the new entry point to Lundy's Lane and the Battlefield Parkas well as set the design cues for the Lundy's Lane Streetscape Master Plan. g The LLBIA was assured that the necessary land acquisition process was moving forward and was being dealt with by the Legal Department of the City. 3 Page 372 of 489 On April 1,2014 the LLBIA had a meeting with Geoff Holman and Jeff Claydon to follow up on the meeting of December 9,2013 and specifically to talk about the status of the Land Acquisition of the NW Corner of Lundy's Lane&Ferry,the design for the Welcome to Lundy's Lane feature and Lundy's Lane Streetscaping Master Plan etc.The meeting agenda was side tracked when Geoff Holman brought the news of over budget RFP Submissions to our attention. Knowing how important the Battlefield Arch and Battlefield Park Master Plan are not only to Lundy's Lane,but to Niagara and future Heritage Tourism development,the LLBIA worked closely with City Staff and Don Jackson to make a presentation to City Council.On April 8,Council voted to have City Staff revisit the project to see if there could be cost savings that would bring the project closer to budget. Somehow,through the extraordinary efforts of Major Jim Diodati,the Gateway Project was given new life when the Major's Office and support staff found a way to have more partners involved in the project. On April 30,Council revisited the new Gateway Proposal and the project was awarded to Rankin and scheduled to be completed prior to July 25,2014. Upon hearing the great news,the LLBIA immediately tried to set up a meeting with Geoff Holman and staff to keep everything on track and follow up on: The final design of the'Welcome to Lundy's Lane'sign and landscaping The status of the acquisition of the agreed upon land on the NW Corner of Lundy's Lane and Main Street for the'Welcome to Lundy's Lane'Sign and landscaping The permits and design of the hanging basket brackets and Commemorative Battle of 1812 Banners that the LLBIA pledged for Lundy's Lane from Main to Drummond Road value,approx.$10,000) The Streetscape Master Plan for Lundy's Lane The upgraded Traffic Signal Posts that were not installed at Montrose and Lundy's Lane An upgrade program of street lighting for Lundy's Lane The design/selection of street posts for the Lundy's Lane&Gardner Intersection Project On May 22 the LLBIA was finally notified that a meeting was scheduled for May 27 by Geoff Holman and was to include support staff from the City and Region to address these issues. Unfortunately,due to other very urgent issues,Mr.Holman was not able to attend and major issues were not able to be addressed by attending staff.After back and forth communication with Geoff Holman about the urgency to move forward on these time sensitive projects,on June 4 the LLBIA was shocked to hear that Council had opted not to provide funds for the'Welcome to Lundy's Lane'sign,the Streetscape Master Plan and the upgraded traffic posts at the Montrose and Lundy's Lane intersection.These are key items that were agreed upon by Council and or City Staff and are vitally important to the successful development of Lundy's Lane. As was mentioned earlier,Lundy's Lane is virtually the most important corridor in Niagara and is the life centre of the rapid development of the west end of Niagara Falls. For any city to be vibrant,its'infrastructure must be first class. Currently,Lundy's Lane is in dire need of a makeover and consistency in infrastructure and design decisions. For this reason,the Lundy's Lane BIA has been very keen in trying to establish a Street Scape Master Plan and has willingly invested 200,000 plus into the Battlefield Gateway Project-even though this area is not formally part of 4 Page 373 of 489 the LLBIA.The original condition for the LLBIA's financial involvement was that the Gateway would have a prominent'Welcome to Lundy's Lane'element. Through the collective design process,with the IBI Group and City Staff steering the way,the LLBIA opted to do what was in the best interest of preserving the historical significance of the Arch by allowing the'Welcome to Lundy's Lane'element to be located off of the monument.On November 26,2013,City Council agreed with this decision and directed City Staff and the IBI Group to work with the LLBIA. The LLBIA is asking City Council to stand by their decision and direct City Staff to proceed with the Welcome to Lundy's Lane'component as agreed upon and to procure the lands required. It is our hope as well that Council will see the merit of proceeding with the Streetscape Master Plan which integrates design elements of the Battlefield Gateway Project at various major intersections along Lundy's Lane. With the design deadline of late June looming for the Gardner Road and Lundy's Lane Intersection Project—our'Western Gateway',it is imperative that City Staff help steer critical decisions on the selection of street posts and the design of the proposed'Welcome to Lundy's Lane/Welcome to Niagara Falls'sign and landscaping.The LLBIA was informed by the Region on June 12 that this project is going to tender the first week of July in order to meet the September 2 construction start date.The LLBIA is hereby asking that City Staff be given the resources needed to keep all of these vita!projects on track and make sure that our City's key roadway gets the attention it so direly needs. Please feel free to contact me at any time. Best Regards, David Jovanovic Project Administrator,Lundy's Lane BIA 905-401-8247 dpvid jcvanovic.Jibia@gmail.corn cc: Tish DiBellonia Wayne Kretz Geoff Holman 5 Page 374 of 489 54' w 2 \ \ \ \ \ 2' 7:74t1.41f w 2` ». y 2 < \© 2 4 LaneLundy iagar L N[AC\RA FMIS Page 375 of 489 LUNDY'S LANE STREETSCAPE MASTER PLAN Table of Contents Introduction 2 Objectives 2 Intersection Enhancements 2 Existing Conditions 4 Master Plan Strategy 5 i) Phase 1 5 ii) Phase 2 7 iii) Phase 3 9 Appendix A: Phasing and Budgets Appendix B: Drawings Appendix C: Site Furnishings Lundy's Lane Streetscape Master Plan November 2016 Page 1 of 10 Page 376 of 489 Introduction The Lundy's Lane study area is approximately 6.0 km in length, with a mix of recreational, dining, hospitality, and shopping establishments. It commences at the intersection of Main Street and Lundy's Lane, and ends at the Garner Road intersection. The Lane is an important transportation corridor with connections to the QEW, Victoria Avenue (Niagara Falls), and westward toward Highway 406. It is a Regional Road, and is the site of the Drummond Hill Cemetery, a national heritage site and the Lundy's Lane Battlefield as well as a public park. Lundy's crosses over the Ontario Power Generation Canal and the Queen Elizabeth Way Highway. Land development along the Lane is reflective of an area that has incrementally grown over time, and through various stages of planning standards. Lundy's Lane is in need of aesthetic and physical improvements in order to establish this BIA as distinct within the City of Niagara Falls. Infrastructure projects such as water and sewer improvements and therefore subsequent road reconstruction, are planned by the Region of Niagara. Coordination is required between City and Regional initiatives along the Lundy's Lane corridor. Objectives The Lundy's Lane BIA is seeking unified aesthetic themes and design guidelines, to bring Lundy's Lane Streetscaping to the same standard as other tourism focused BIA's in the City of Niagara Falls. Intersection Enhancements Installation of upgraded Traffic Light Posts as per Drummond Road Intersection Seasonal Floral Displays and Design Elements from Gateway / Battlefield Parkette Provision for and design of seasonal lighting displays Possible use of different paving/surface material for crosswalks at main intersections Larger Decorative Street Name Signs at main Intersections Banner's & Hanging Baskets on 4 posts north and south of Drummond, Dorchester & Montrose to create a sense of arrival at Lundy's Lane Street furniture Lundy's Lane Streetscape Master Plan November 2016 Page 2 of 10 Page 377 of 489 Utility box wraps Main Gateway Intersections o Main Street o Montrose o Garner Enhanced Intersections o Drummond Road o Dorchester Road o Kalar Road This Master Plan was developed as a high level document that focusses primarily on organizing principles, phasing, and budgets. Nonetheless, as part of the master planning process preliminary investigations were undertaken with respect to street furniture, planting, and preliminary design concepts for areas of focus. It was determined, in consultation with the BIA that the overall theme would reference some of the historical features already in place. Appendix A illustrates examples of site furnishings that would reference the aesthetics of other features on Lundy's Lane, yet establish the BIA district as distinct. Black painted metal was chosen as the finish for street furnishings. Banner poles also will be black metal, as will be new ornamental metal fencing. Colour will be introduced through the use of banners, planting, and public art. In addition to these enhancements to areas of focus, a new public space is planned at the OPG Canal. The location at the parkette and parking facilities will contribute greatly to connectivity to the Millennium Trail and the Gary Hendershot Trail. Lundy's Lane Streetscape Master Plan November 2016 Page 3 of 10 Page 378 of 489 Existing Conditions The Lundy's Lane Streetscape Study area is approximately 6.0 km in length. The boulevard varies considerably in width, from less than a meter in some areas near Drummond Road to several meters in width at the western end near the intersection of Garner Road. The City of Niagara Falls Transportation Master Plan does not recommend Lundy's Lane as a candidate site for on-road cycling infrastructure. Lundy's Lane crosses both the OPG (Ontario Power Generation) canal and the Queen Elizabeth Highway. Generous building setbacks from the sidewalk (on both sides of the road in most locations) are historical conditions based on planning regulations of the past. These setbacks, and the large expanses of parking areas along the sidewalk have created an environment that is geared toward vehicles and is lacking in pedestrian scale. An inventory of properties with respect to building setbacks has not been addressed by this Master Plan. In future it is expected that as properties re-develop, their site plans will address improvements to streetscape frontages as regulated by the city's planning department by-laws. Additional recommendations may be made through the Community Improvement Plan (CIP) currently in progress. Lundy's Lane is a busy arterial road with connections west toward Highway 406, and connection to Victoria Avenue to the east. On-street parking is not available along the Lane, therefore businesses are required to provide on-site parking. At some properties, it appears that parking encroaches onto municipal property reducing or preventing the ability to provide separation or visual screening between the pedestrian sidewalk and the adjacent asphalt parking area. In some locations entrance driveways exceed the width of standard commercial driveways and interrupt the streetscape. The wide openings limit opportunities for streetscape improvements, such as lighting, street tree planting, visual screening and separation, or other aesthetic elements. These conditions have resulted in a streetscape that is dominated in many areas of the Lane by vehicles, driveways, and parking lots along property frontages. The general character of the street is that of a wide roadway which lacks pedestrian scale. It has limited pedestrian crossings, little opportunities for rest stops, and very little protection from sun and wind (microclimate). Some business owners have landscaped the areas between their parking lots and the street, resulting in attractive street frontages, and visual screening of parking areas. Lundy's Lane Streetscape Master Plan November 2016 Page 4 of 10 Page 379 of 489 Master Plan Strategy The Lundy's Lane streetscape master plan differs from other streetscape master plans that typically address consistent design elements across an entire road frontage. This streetscape master plan focusses on specific, targeted areas such as gateways and intersections, and allows for tree planting where space permits. Reasons for this approach include: the length of road, differences in character along the streetscape, and phasing due to budgetary considerations and the need to consult and coordinate with other authorities. The City of Niagara Falls is engaged in other initiatives immediately adjacent to Lundy's Lane; such as cultural areas (including the battlefield) and renovations to Coronation Park. The Region of Niagara and the City of Niagara Falls have underground infrastructure work planned over the next several years. WEGO stops are being improved. A Phasing Plan has been developed that describes three phases of streetscape improvements. The first phase consists of improvements that can be accomplished within a relatively short time frame. Subsequent phases are longer term, in recognition of the coordination required with other levels of government, agencies such as OPG, and the availability of capital funding from the City of Niagara Falls as well as the BIA. The recommendations from this Streetscape Master Plan should be integrated into the CIP for Lundy's Lane. i) Phase 1 The following is a brief description of the three phases: Phase One components are relatively free of constraints, with respect to anticipated construction and approvals. It is anticipated that design would commence in 2017 with implementation commencing 2018. Drummond Road Medians (1 B) The design program for the Drummond Road Medians includes 16 banner poles, perennial and annual plantings, and an irrigation system. Kalar Road Intersection (1D) The Kalar Road intersection includes coloured concrete banding, concrete sidewalks, one bench, one litter receptacle, a bicycle rack, 16 banner poles, and tactile warning plates. Lundy's Lane Streetscape Master Plan November 2016 Page 5 of 10 Page 380 of 489 Garner Road Medians/Entrance Feature (1E) The Garner Road intersection improvements include concrete pavement, tactile warning plates, a sign wall (gateway), ten banner poles, an irrigation system, deciduous and coniferous tree planting, perennial and annual plantings, and sod repairs. Sta fes- - 4 gS ji Street Tree Planting (1F) Street tree planting will be undertaken where space permits in the right-of-way. An allowance has been established to cover the cost of approximately 300, 60mm caliper trees. Light Standard Upgrades Montrose to Kalar (1G) This component consists of street lighting upgrades, with an approximate quantity of 72 light poles. Light Standard Upgrade from Drummond to Highland (il) This component consists of street lighting upgrades, with an approximate quantity of 16 light poles. Update Light Pole Bases from Kalar to Garner (1J) This component consists of street lighting upgrades (pole bases only) and the work will be undertaken by the BIA. Lundy's Lane Streetscape Master Plan November 2016 Page 6 of 10 Page 381 of 489 ii) Phase 2 Phase Two components require a longer timeframe due to constraints associated with approvals from the Region, OPG and/or other agencies. It is anticipated that design work would commence in 2018 with implementation commencing in 2019. The crosswalk at the new Fire Station is an important element that will improve pedestrian safety and connectivity. This initiative must be coordinated with the design and construction of the new fire station. It is anticipated that a traffic study and design work could be undertaken in 2018 with implementation in 2019. Main Street to Drummond Road (1A) This section of Lundy's Lane will be improved with coloured concrete paving banding, and new concrete sidewalks between Main Street and Drummond Road. Site furnishings, up to three benches and three litter containers are included (space permitting), deciduous trees, and perennial and annual planting. It is intended that the lighting be upgraded at the intersection of Main and Lundy's Lane, with a heritage theme and that the heritage lighting be continued to Drummond in coordination with the heritage theming that is being undertaken in the adjacent park area. It is intended that streetscape improvements in this area be complementary to and coordinated with the aesthetics at Drummond Hill Cemetery, Coronation Park, Historic Drummondville and the Lundy's Lane Battlefield Gateway. Parkette at Canal including Parking (2A) The parkette at the OPG canal location is intended to reference the city's history of power generation. The parkette is also intended as a rest stop for tourists, pedestrians and cyclists. Features include: ornamental metal fencing (security), concrete walkways, asphalt paved parking lot, benches, planters, bicycle racks, and interpretive signage, historical artifacts or public art. Trees, sod and shrub and perennial plantings are included. Lundy's Lane Streetscape Master PlanYp November 2016 Page 7 of 10 Page 382 of 489 y . y.-4 _ 1.'7 t Y R P: x 0" ' View toward Parkette Entrance 4"---.V . + I,/:4 ' ¢ i:t t \ Jr te 11 Street Frontage at Parkette Entrance/Parking Area Lundy's Lane Streetscape Master Plan Page 8 of 10November2016 Page 383 of 489 Trail Heads at Canal(2B) Two trail heads are planned opposite the new parkette, one at the Gary Hendershot Memorial Trail head, and the other at the Millennium Trail. Each location will include seating, litter container, deciduous tree planting and ornamental metal fencing (security) to replace the existing chain link security fencing. t J View of Seating Area at Trail Head A future connection from Lundy's Lane to the Memorial Trail is under consideration, and is outside of the scope of this master plan. Push Button Crosswalk at New Fire Station (2F) A pedestrian activated crosswalk near the new fire station is anticipated, in order to increase pedestrian safety. During the master planning process, it was understood that opportunities for pedestrians to safelycross the road were limited, and widely spaced. The new crosswalk will require a traffic study. iii) Phase 3 Phase Three components have a longer time frame, as they are dependent on road and underground infrastructure work being undertaken by the Region of Niagara. It is expected that implementation of Phase Three components would take place beyond 2020 or when Regional work commences. Highland Avenue Intersection (1C) Intersection improvements include upgraded lighting, perennial and annual plantings and an irrigation system. Lundy's Lane Streetscape Master Plan November 2016 Page 9 of 10 Page 384 of 489 Montrose Medians and Banner Poles (3A) The intersection of Montrose and Lundy's Lane is considered to be an important gateway to the BIA, due to the connection to the QEW. Improvements to the intersection include upgraded pedestrian crosswalks, concrete paving, banner poles or vertical elements (public art), tactile warning plates, perennial and annual planting, and an irrigation system. Dorchester Road Medians (3B) Improvements at Dorchester Road include concrete paving, benches, banner poles, perennial and annual plantings and an irrigation system. Lighting Upgrades — Highland to Montrose (3D) Belmont Avenue Intersection (3E) Street lighting upgrades at intersection. OPG Canal Overpass (3C) Improvements at the bridge include planters (to match theming at other areas), coloured concrete paving, and heritage style lighting. Montrose Road Street Tree Planting, Banner Poles and Intersection Lighting Upgrades (1H) Improvements include a continuation of street tree planting along Montrose toward the QEW ramp, and banner poles; in order to enhance this area as a gateway to the BIA. Gateway Feature at Main Street Intersection(2E) This feature is dependent on land acquisition. It consists of concrete paving, coloured concrete banding, and a Gateway Entrance Feature/Signage, and shrub, perennial and annual planting. QEW Overpass including medians (2C) This component is dependent on MTO approvals. It is intended that planters consistent with the other areas of Lundy's Lane will be installed on the central raised median. Banner poles are intended for either side of the overpass, as well as heritage style street lighting. It is hoped that the guardrails may be modified in keeping with the aesthetics of the street. Lundy's Lane Streetscape Master Plan November 2016 Page 10 of 10 Page 385 of 489 APPENDIX A: PHASING AND BUDGETS Page 386 of 489 Lundy's Lane Master Plan DRAFT SCHEDULE FOR IMPLEMENTATION October 20, 2016 Ref. Sco • e of Work Task 2017 2018 2019 2020+ PHASE 1 COMPONENTS - for 2017 Implementation, Design in Spring 2017 Phase 1 is based on the assumption that the following items can be implemented with Design commencing in 2017. Many Phase 1 items are relatively free of constraints, others such as 11 and 1] are dependent on other organizations (Region and BIA). 1B 1D 1E 1F 1G 11 1J Drummond Road Medians Kalar Road Intersection Garner Road Medians/Entrance Feature Street Tree Planting Light Standard Upgrade Montrose to Kalar Consulting Light Standard Upgrade from Drummond to Highland dependent on Region Update Light Pole Bases from Kalar to Garner work to undertaken by BIA Construction Consulting Construction Consulting Construction Consulting Construction Design Construction Design Construction Design Construction YEARLY SUBTOTAL 23,124.24 54,264.60 231,242.40 361,764.00 131,221.18 1,416,191.52 PHASE 2 COMPONENTS Phase 2 items have constraints associated with approvals from the Region, OPG, and/or other agencies. At this time it is estimated that design work could potentially take place in 2018 with im.lementation in 2019. Crosswalk at New Fire Station: This item needs to be implemented in coordination with the construction of the new fire station. Ideally a traffic study and design work could be undertaken in 2018 with presentation to Council in 2018 and implementation in 2019. 1A 2A 2B 2F Main Street to Drummond Road Parkette at Canal including Parking Trail Heads at Canal Push Button Crosswalk at New Fire Station Consultin Construction Consulting Construction Consulting Construction Consulting Construction YEARLY SUBTOTAL 180,624.76 36,199.73 15,925.21 1,204,165.05 241,331.55 106,168.08 0.00 232,749.70 1,801,664.67 1Page 387 of 489 Lundy's Lane Master Plan DRAFT SCHEDULE FOR IMPLEMENTATION October 20, 2016 Ref. Sco • e of Work Task 2017 2018 2019 2020+ PHASE 3 COMPONENTS - Beyond 2019 Phase 3 items are dependent on road work being undertaken by the Region. 3A 3B 3C 3D 3E 10 1H 2C 2E Montrose Medians and Banner Poles Dorchester Road Medians OPG Canal Overpass Lighting Upgrades - Highland to Montrose Belmont Avenue Intersection Highland Avenue Intersection Montrose Road Tree Planting QEW Overpass including Medians dependent on MTO approvals Gateway Feature @ Main Street Intersection work is dependent on land acquisition Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Consulting Construction Design Construction Design Construction YEARLY SUBTOTAL 35,226.45 234,842.99 33,467.95 223,119.65 30,193.32 201,288.83 n/a 217,250.00 n/a 52,250.00 13,175.64 87,837.60 30,709.77 204,731.80 65,204.17 434,694 46 21,913.98 219,139.80 2,105,046.40 2Page 388 of 489 Planning & Development ServicesNiagaraRegion1815SirIsaacBrockWay, PO Box 1042,Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax:905-687-8056 www.niagararegion.ca October 19th, 2016 VIA EMAIL Mr. David Antonsen City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr.Antonsen, RE: Public Realm Investment Program 2016 Pilot I RR20 Lundy's Lane Street Furniture and Utilities Wrap Phase 1) Thank you for applying to the Public Realm Investment Program 2016 Pilot. On behalf of the Regional Staff Selection Team for the 2016 Pilot Program, I am delighted to inform you that your application will receive a funding contribution from the Region in the amount of$29,310. This funding is to be applied to the provision of street furniture and utility box wraps for Phase 1, as discussed in the meeting between Regional and City staff held on October 5th, 2016. The Work Plan for Phase 1 includes decorative waste containers ($6,000), decorative benches ($12,000), bicycle racks ($2,310), and for utility box wraps ($9,000). By accepting this funding, the maintenance and replacement of features supported through this Program is assumed by the City of Niagara Falls. This project reflects the goals of 2016 Pilot Program and will contribute to an attractive, green, and inviting streetscape. By investing in public spaces together, we build strong and healthy communities that attract residents, promote tourism, grow the Regional economy, and beautify Niagara's communities. I look forward to experiencing the many positive impacts resulting from the completion of this project. Yours sincerely, Marilyn Radman, Associate Director of Development Planning and Urban Design, Niagara Region C.C: Geoff Holman,City of Niagara Falls Rino Mostacci,Commissioner of Planning and Development Services,Niagara Region Ron Tripp,Commissioner of Public Works,Niagara Region Khaldoon Ahmad,Manager of Urban Design, Niagara Region Page 389 of 489 PBD-2020-55 September 15, 2020 REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-55 Street Name Changes Portions of Schisler Road and Old Schisler Road RECOMMENDATIONS 1. That Council direct staff to change the street name for a portion of Schisler Road, west of Montrose Road, shown on Appendix 1 as Section 1, to Pattison Lane. 2. That Council direct staff to change the street name for a portion of Old Schisler Road east of the railway line, shown on Appendix 1 as Section 2, to Terreberry Lane. 3. That the portion of Old Schisler Road west of the railway line, shown as Section 3 on Appendix 1 remain unchanged. EXECUTIVE SUMMARY A review of street names by Information Systems staff found that Schisler Road appears in three separate sections and could cause confusion during a 9-1-1 Emergency response. The portion of Schisler Road, closest to the west side of Montrose Road is to be renamed Pattison Lane. The portion of Old Schisler Road on the east side of the railway line is to be renamed Terreberry Lane. The portion of Old Schisler Road on the west side of the railway line is to remain Old Schisler Road. BACKGROUND Schisler Road was a road that originally connected Montrose Road to the municipal boundary of Welland in the Township of Crowland. (Location Map) Over time, railway lines, bridge overpass and other roads have interrupted Schisler Road so it has become discontinuous as three separate sections. The road realignment has maintained the name Schisler Road and the other portions named ‘Old’ Schisler Road. (Schedule 1 shows the three subject portions). Information Systems staff are responsible for ensuring street names meets a protocol set out by the Province with respect to 9-1-1 Emergency response. As such, in a review of existing street names staff discovered that Schisler Road had become three orphaned road segments due to prior road realignments. This could cause confusion at the time of a 9-1-1 Emergency response. ANALYSIS/RATIONALE Staff has researched and investigated suitable alternative names that could be used and have conducted a survey of affected property owners. Their comments are as follows: Residents of Section 1 (Schisler Road west of Montrose Road): Four residents were surveyed with two replies that Pattison Lane was supported as a new name for that portion of Schisler Page 390 of 489 2 PBD-2020-55 September 15, 2020 Road. P.M. Pattison was a historic landowner in the area of this section of Schisler Road in 1876. Residents of Section 2 (Old Schisler Road east of Railway line): Two residents were surveyed, with two replies requesting the name be Terreberry Lane, as opposed to Jenkinson Lane as suggested by staff. The Terreberry family are current residents and have been residents and landowners in this area for 3 decades. Staff have no concerns with Terreberry Lane as it does not conflict with any other street name and follows protocol. Residents of Section 3 (Old Schisler Road west of Railway line): Six residents were surveyed, 5 responses were received and were not in support of changing the name of the street and would prefer that the street remain as “Old Schisler Road’. Staff have concerns with this portion remaining Old Schisler, as the 9-1-1 naming protocol does not support a two word street name and confusion could still occur between ‘Schisler’ and ‘Old Schisler’. Nonetheless, staff note that there are other two name streets in the City and due to the overpass, there are no houses on the portion of the street to remain as Schisler Road. Residents are to be advised to be sure to use the word “Old” as Part of their address. Staff has also contacted Niagara Regional Police, Niagara Emergency Services and the Niagara Region for comments. To date, Niagara Regional Police have no objections to change in street name, subject to confirmation of street numbering remaining the same. FINANCIAL IMPLICATIONS The City acknowledges that there may be some financial cost to the change of a street name for residents. Assistance has been offered to residents, who provide receipts for expenses, to a maximum amount of $150 per municipal address. CITY’S STRATEGIC COMMITMENT Ensuring that Niagara Falls is a safe community and residents receive timely access to emergency services and supports. LIST OF ATTACHMENTS Appendix 1 – Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer PBoyle:gd Attach. S:\PDR\2020\PBD-2020-55, Street Name Change Schisler Rd.docx Page 391 of 489 3 PBD-2020-55 September 15, 2020 APPENDIX 1 Page 392 of 489 PBD-2020-57 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-57 Proposed Radio Communication Tower 9536 Thorold Stone Road FONTUR International Inc. on contract with Signum Wireless RECOMMENDATION It is recommended that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not object to the construction of a 45m (~147’) tall, lattice tri-pole telecommunication tower with a fenced in compound on the lands known as 9536 Thorold Stone Road provided that: a mix of deciduous and coniferous trees are planted and maintained around the associated equipment shelter; an d that a road occupancy permit be obtained to the satisfaction of the City’s Municipal Works Department. EXECUTIVE SUMMARY The City has received a submission from FONTUR International Inc. on behalf of Signum Wireless to install a new telecommunication tower at 9536 Thorold Stone Road. The purpose of the tower is to provide the infrastructure for service providers to improve wireless communications within this area. The proposed radio communication tower can be supported as: • the location of the proposed tower would meet the City’s location and siting policies for telecommunication towers; and • will have minimal impact on surrounding land uses at its proposed location. BACKGROUND Fontur International and Signum Wireless have identified the rural section of Thorold Stone Road between Niagara Falls and Thorold as a ‘capacity hole’ in their clients’ network and are proposing a 45m (147ft) tower to provide optimal coverage to the area and to pass on calls and other uses effectively to surrounding towers in the network. The tower site is setback approximately 185m (607ft) south of Thorold Stone Road and approximately 20m (66ft) east of Beechwood Road, north of the hydro tower corridor (see Appendix 1 – Location Map). The property is designated “Good General Agriculture” in the Official Plan and is zoned “Agricultural” in By-law No. 79-200 as amended. A single family residence is located on the host property, north east of the proposed tower site. The nearest adjacent dwelling is shown in Appendix 1. Page 393 of 489 2 PBD-2020-57 September 15, 2020 CONSULTATION Innovation, Science, and Economic Development (ISED) Canada is responsible for the licensing and approval of communication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and to obtain comments. The decision of Council serves as a written response to ISED on behalf of the City for the proposal. The City adopted a Consultation Process for Radio Telecommunication Facilities policy that requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns / issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with it must also be forwarded to the City. The proponent has completed its public notification process consisting of mail notification to properties within three times the height of the tower as required (135m or 443ft). The notification affects only two property owners besides the host property: Walker Brothers Quarries & Asphalt and HydroOne Networks Inc. Notification was sent by mail on August 13, 2018 and published in Niagara this Week on August 16, 2018. The consultation period ran from August 16 to September 19, 2018. No comments were received at the Public Meeting held September 18, 2018. The tower proposal has been delayed in coming before coming to Council due to communications with HydroOne and the development of protocol between the two agencies. HydroOne Networks does not object to the proposed telecommunication tower. ANALYSIS/RATIONALE The telecommunication tower proposal is consistent with the siting and design criteria of the City’s Consultation Process for Radio Telecommunication Facilities: it is well setback from neighbouring residences and natural heritage areas. Due to the triangular shape of the lot, the tower, although well setback from Thorold Stone Road, would be approximately 20m (66ft) east of Beechwood Road (see Appendix 2). As per the City’s Telecommunications protocol it is suggested that a mix of deciduous and coniferous trees be planted around the equipment shelter to mitigate the visual impact of the base of the tower and equipment buildings at street level, especially facing Beechwood Road . Photo simulations of the towner, once installed, are shown in Appendix 3. It is noted that the proposed access from Beechwood Road to the new tower will require a road occupancy permit which will include details regarding the proposed driveway access and drainage culvert to satisfaction of the City’s Municipal Works. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing or legal implications with the City as a result of the request for a new radio communication facility. Page 394 of 489 3 PBD-2020-57 September 15, 2020 CITY’S STRATEGIC COMMITMENT The request is supported by the Intelligent and Innovative Cit y Strategic Priority as it provides radio communication services to a utility with an identified need. LIST OF ATTACHMENTS Appendix 1 – Location Plan – 9536 Thorold Stone Road Appendix 2 – Survey Plan – 9536 Thorold Stone Road Appendix 3 – Photo Simulation – 9536 Thorold Stone Road Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:cr Attach. S:\PDR\2020\PBD-2020-57, Proposed Radio Communication Tower, 9536 Thorold Stone Road.docx Page 395 of 489 4 PBD-2020-57 September 15, 2020 APPENDIX 1 Proposed Tower Location – 9536 Thorold Stone Road Page 396 of 489 5 PBD-2020-57 September 15, 2020 APPENDIX 2 Survey Plan – 9536 Thorold Stone Road Page 397 of 489 6 PBD-2020-57 September 15, 2020 APPENDIX 3 Photo Simulations - 9536 Thorold Stone Road Page 398 of 489 PBD-2020-59 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-59 GTY-2020-002, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 6471 Kister Road Purileaf Brands Corporation Applicant: Sergey Mokin RECOMMENDATION 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 6471 Kister Road subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital/Operating reserve to offset the approximate planning and building permit fees of $ 24,600. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement and Municipal Employment Incentive Program Agreement. EXECUTIVE SUMMARY The Economic Gateway CIP and Municipal Employment Incentive Plan applications can be supported as: - the lands are designated Industrial in the City’s Official Plan; - the development will bring a combination of investment and new employment to the City and Region; and - it meets the intent of the Gateway CIP and City’s MEIP and meets the minimum point eligibility requirements for both programs. BACKGROUND A 1,486m2 (~16,000ft2) addition is proposed to the existing Purileaf Cannabis derivatives industrial facility location at 6471 Kister Road (Stanley Avenue Business Park). The expansion will feature research and development, product formulation space, full analytical testing lab and GMP manufacturing lines. The company has worked collaboratively with Niagara College on infusion technology and are looking to expand into international markets. It is expected that full time employment within the facility will increase from 15 to 35 workers within the first year of expansion and eventually up to 60 beyond that. Page 399 of 489 2 PBD-2020-59 September 15, 2020 An application for the tax increment based incentive under the Niagara Gateway Community Improvement Plan has been submitted. Also submitted is an application under the City’s Municipal Employment Incentive Program for a tax increment based incentive of the City’s portion of taxes for a further 5 years beyond the term of the Gateway incentive, a rebate of site plan control application fees and a rebate of building permit fees. ANALYSIS/RATIONALE The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province’s Growth Plan to: revitalize, diversify and strengthen the economy in Niagara by promoting development of employment lands in the Gateway Economic Zone. The Region’s Gateway CIP was adopted in 2013 and the City approved a corresponding CIP soon after. Development, construction, or rehabilitation projects that result in an increase in assessment value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. Eligibility The subject lands are designated Industrial in the Official Plan and are zoned General Industrial (GI) under Zoning By-law 79-200 with a site specific provision to permit a cannabis facility. The industrial expansion complies with the City’s Planning documents and a site plan control agreement was entered into with the City in August 2020. Gateway Tax Increment Based Grant (TIBG) Eligibility under the Gateway Grant program is based on a point formula attributed to construction value, full time employment created or retained and smart growth design criteria. The total of these points correspond to the level of the tax increment based grant offered. Based on a review of the application applicant submitted the development could attain: • 2 points for a construction value of $2,500,000; • 8 points for a total of 20 full time jobs created; and, • 3 points for design criteria (including parking layout with parking to the side of the building, cycling facilities, on site collection and storage facilities for recyclable waste and roof top solar panels for energy efficiency and decreased water consumption through the collection of rainwater for irrigation and the use of drought resistant plantings); for a total of 13 points or a rebate of 65% of the increased tax assessment. The final points assessment will be determined with a final confirmation of the actual jobs created, tax assessment increase, and any other relevant program requirements. The subject lands are outside of the identified Strategic Location for Investment within the Gateway CIP Project Area and are therefore eligible for a TIBG term of 5 years for both the Regional and City portion of the tax increment. It is noted that the education tax is not included within the grant. Page 400 of 489 3 PBD-2020-59 September 15, 2020 Municipal Employment Incentive program (MEIP) The City’s Municipal Employment Incentive Program (MEIP) offers further incentives to those applicants who have been deemed eligible under the Gateway TIBG. These include: - a 5 year extension of the tax increment grant based on the City’s portion of taxes for properties outside of the Strategic Location for Investment Area; - a waiver to the Site Plan Control Application Fee; and - a Building/Occupancy Permit Rebate (a rebate of 100% of the building permit fee to a maximum of $50,000, subject to the availability of funding). The building permit would be rebated only after final inspection and clearance by the Building Division. The following is a breakdown of all of the financial incentives estimated for this project totalling $386,236.20. TIBG $242,572.20 a 65% rebate of the estimated tax increment calculated at $48,514.44 per year over a 5 year term. The breakdown of tax rebate per year is $23,812.80 from the City and $27,701.64 from the Region. MEIP $119,064.00 a 65% rebate of the estimated tax increment calculated at $23,812.80 per year over a 5 year term23023 for the City’s portion of taxes $4,000.00 Site Plan Control Application Fee waiver $20,600.00 Building Permit Fee Rebate (estimate). Process As a joint program between the City and the Niagara Region, the approval of City Council is required prior to Regional review for the Gateway TIBG. If approved; the applicant must enter into a Tri–Party Agreement with the City and Region outlining the terms and conditions of the funding. This agreement would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. An agreement will also be entered into between the City and the applicant for the terms and conditions of the MEIP. The payment of grants commence upon verification of the program requirements and reassessment of the property MPAC (Municipal Property Assessment Corporation). Applicants are given 365 days from the issuance of an occupancy permit within which to contact the City regarding the achievement of the eligibility points outlined in their submission. Page 401 of 489 4 PBD-2020-59 September 15, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Tax Increment Based Grant (TIBG) is provided when the construction is completed and The Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Based on the preliminary review of the development, along with an estimated post-project assessment, it is estimated that the applicant may receive a total tax increment based City grant of $238,128.00 through the combined TIBG and MEIP programs. The property owner has a series of incentives available on this project. It is anticipated that there will be approximately $24,600.00 of applicable planning and building permit fees that will be offset with a transfer of capital/operating reserves. The transfer of the building permit fee is a requirement of the building legislation. The industrial expansion is also exempt from Development Charges per by-law 2019-69 and the proposal has received confirmation of a Regional Development Charge exemption. CITY’S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. LIST OF ATTACHMENTS Appendix 1 – Location Map and Proposed Elevation Appendix 2 – Landscape Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:cv Attach. S:\PDR\2020\PBD-2020-59, GTY-2020-002, Gateway CIP MEIP App, 6471 Kister Road, Purileaf (Sergey Mokin).docx Page 402 of 489 5 PBD-2020-59 September 15, 2020 APPENDIX 1 Location Map and Elevation Plan – 6471 Kister Road Page 403 of 489 6 PBD-2020-59 September 15, 2020 APPENDIX 2 Landscape Plan - 6471 Kister Road Page 404 of 489 R&C-2020-13 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2020-13 2020 Arts & Culture Wall of Fame Inductions RECOMMENDATION That Council approve the following 2020 Arts & Culture Wall of Fame Inductees: Steve Burnside John Law Karlee Morse Leona Skye-Grandmond EXECUTIVE SUMMARY The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts & Culture Wall of Fame. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year’s Induction Ceremony is scheduled for late November in a virtual format. BACKGROUND On August 6, 2020, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 20 20 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted into the Wall of Fame: a) Outstanding achievement in their artistic or cultural field; Page 405 of 489 2 R&C-2020-13 September 15, 2020 b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time; d) Community Sponsors must have a minimum of five (5) ye ars of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible f or automatic induction. The Wall of Fame was previously housed at Niagara Square. It is currently being housed at the Niagara Falls Public Library on Victoria Avenue with plans to incorporate it into the Niagara Falls Exchange once completed. The Wall of Fame has done an excellent job at highlighting the achievements of many residents. It highlights those who have achieved fame on a global scale, as well as those who have contributed out of the spotlight , but are essential to the ongoing cultural community of Niagara Falls. ANALYSIS/RATIONALE The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture’s contribution to our daily lives and will hopefully inspire future artists, community builders, and community sponsors. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. The Rationale for the changes to the policy include the desire to permit attention at the award ceremony and on the wall for the most worthy of candidates and ensure that those that do contribute greatly to our community are properly highlighted and given the attention that they deserve. Page 406 of 489 3 R&C-2020-13 September 15, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $3,600.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees and the ceremony. CITY’S STRATEGIC COMMITMENT The City’s Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. LIST OF ATTACHMENTS 1. Background Information on 2020 Arts & Culture Wall of Fame Inductees Recommended by: Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 407 of 489 Background Information on 2020 Arts & Culture Wall of Fame Inductees Steve Burnside Starting in Welland Ontario in 1958, Steve Burnside and the Marquis played local fairs and dance halls until they were discovered by veteran blues man Jimmy Ray who chose them to back his touring show. The band recorded its first single in 1960 and went on to back up many bands. They were also the studio band for many Top 40 Hits in the 1960s. Mr. Burnside and the band continued to record and tour with many famous musicians in many venues, both large and small for the next four decades. Mr. Burnside moved to Niagara Falls in the early 1980s. It was here that he continued to perform, record and be a part of the local music scene. His most significant contribution to local culture, has been his organization of local jazz and blues music in Fireman’s Park. This free event, put on with assistance from the Stamford Centre Volunteer Fireman’s Association has been creating an accessible and enjoyable festival in the Park for over 15 years. With a wide variety of performers and entertainers to create a truly important part of the cultural landscape in Niagara Falls. John Law For nearly 30 years, John has covered the arts and culture scene for the Niagara Falls Review. Despite the recent cutbacks in newsrooms around North America, John has continued to report on and promote local artists and musicians. There is scarcely a band, musician or artist in the City that John has not interviewed and presented to the larger community. As one of the adjudication team put it, there have been times where Mr. Law has been the only reporter or only audience for some of the smaller events and activities in our community. He has continued to showcase the talent that resides in this City to the wider audience. Karlee Morse Former Niagara Falls resident, Karlee Morse is an Emmy Winning (Dino Dana, season 3) make-up artist specializing in prosthetic creation and application. She has a keen interest in pushing the limits of practical effects to achieve fantastic but feasible looks. Her work has been featured in television, film, commercials, music videos and theatre. Past clients include Disney, Blizzard Entertainment, Ubisoft, and Telus. Page 408 of 489 A graduate of both Brock University and Sheridan College, with a background in conceptual art and painting, her work is influenced by a painterly, life-like style. Her favourite type of looks to design are fantasy-esque creature make-ups, colourful and captivating. Body painting is her jam - she's an award- winning body painter, too. She currently lives and works in Toronto, Canada. She's a part-time instructor at Sheridan College in the Make-up for Media and Creative Arts program. Leona Skye Grandmond Leona Skye Grandmond was born May 13, 1968, an accomplished Indigenous visual artist and tireless social activist. Fiercely proud of her Indigenous heritage visual artist and tireless social activist she heralds from the Ojibwa tribe from Pic River and is a member of the Turtle Clan. Her traditional name is Biim Osay Onay Kwat Kwe (meaning ‘She Who Walks with Clouds”). Leona is a past member of the Niagara Falls Arts & Culture Committee and her works are displayed both locally, nationally and internationally. Her six-foot painting of a hand drum, representing the Indigenous peoples on the occasion of Canada’s 150th birthday is displayed at the headquarters of the Regional Municipality of Niagara. She was selected to paint a piano for PlayPlayPlay Niagara Falls, an initiative put on by the Niagara Falls Culture Department. HerIndigenous influenced piano is on display at the Niagara Falls Public Library. Most recently she was awarded the 2020 Allister Young Arts and Culture Endowment Fund award. Amongst those who own Leona’s artwork are Prime Minister Justin Trudeau Premier of Ontario Doug Ford and art enthusiasts Eric and Linda Shelman; her pieces are displayed worldwide in museums, as well as, in private collections. Leona is an outspoken and passionate advocate for victims of human trafficking and has designed the Anti-Trafficking logo for the Ontario Native Women’s Society. She is a Survivor Champion of Human Trafficking and Child Exploitation and has dedicated much time and effort into researching and bringing to light this grievous injustice throughout the province. Her published report within the Niagara Region, assisted in the National Published report Missing and Murdered Indigenous Woman and the Parallels to Human Trafficking. It was presented in 2018 and is used as a reference tool in preparing guidelines to combat this exploitation. She has spoken on this topic from a personal viewpoint to the Ontario Police College, The Niagara Regional Police, YWCA and is a sought after guest lecturer at numerous universities. Leona believes that art brings peace and joy and is an integral component in her healing journey and that of others. She shares this belief through her art therapy programs, which have been held at Rodman Hall, Brock University and the Niagara Regional Native Centre. Her paintings are resplendent with symbolism that denotes her Indigenous roots and her personal journey. She is constantly aspiring to share her art and life journey to bring light to those who are in a dark place. Page 409 of 489 TS-2020-24 September 15, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works - Transportation Services SUBJECT: TS-2020-24 - Canadian Drive at Pin Oak Drive Parking and Traffic By-Laws RECOMMENDATION 1. That an all-way stop sign is installed at the intersection of Canadian Drive at Pin Oak Drive facing northbound, southbound and westbound traffic; 2. That “no stopping” restrictions are posted on both sides of Canadian Drive and Pin Oak Drive, 15 metres in advance of Montrose Road and McLeod Road, respectively. 3. That “no standing” restrictions are posted at all transit stop located on Canadian Drive and Pin Oak Drive, 4. That “no parking” restrictions are posted on both sides of Canadian Drive and Pin Oak Drive in the areas not posted with “no stopping” or ‘no standing” restrictions; and 5. That the centre two-way left turn lane on Pin Oak Drive be designated by municipal by-law. EXECUTIVE SUMMARY To ensure unimpeded traffic mobility on Canadian Drive and Pin Oak Drive once the road reconstruction project is completed and to keep the transit facilities free of parked vehicles, it is recommended that a “no parking” restriction is posted on both sides of Canadian Drive and Pin Oak Drive, except for the “no standing” restrictions at transit stops and “no stopping’ restrictions on approach to Montrose Road and McLeod Road, and that the centre two-way left turn lane is designated, signed and marked according to regulations. These parking and traffic control measures are consistent with other reconstructed arterial/collector roads in this part of the City. The junction of Canadian Drive at Pin Oak Drive has been reconfigured into a t- intersection and all-way stop controls are now warranted. Page 410 of 489 2 TS-2020-24 September 24, 2020 BACKGROUND Canadian Drive and Pin Oak Drive are currently being reconstructed to address existing roadway conditions and accommodate traffic growth in the area, resulting from the redevelopment of the Niagara Square and Costco sites. ANALYSIS/RATIONALE Currently, Canadian Drive and Pin Oak Drive are signed with “no parking” restrictions. To ensure unimpeded traffic mobility on Canadian Drive and Pin Oak Drive once the road reconstruction project is completed and keep the transit facilities free of parked vehicles, it is recommended that a “no parking” restriction is posted on both sides of Canadian Drive and Pin Oak Drive, except for the “no standing” restrictions at transit stops and “no stopping’ restrictions on approach to Montrose Road and McLeod Road, and that the centre two-way left turn lane is designated, signed and marked according to regulations. These parking and traffic control measures are consistent with other reconstructed arterial/collector roads in this part of the City. The junction of Canadian Drive at Pin Oak Drive has been reconfigured into a t- intersection and all-way stop controls are now warranted. The reconstruction project is expected to be substantially completed in September 2020. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The supply and installation of the traffic and parking signs are to be carried out by the projects contractor and accounted for in project budget. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS None. Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 411 of 489 GREG FREWIN 5781 Ellen Avenue Niagara Falls , Ontario L2G 3P8 Canada GREG FREWIN PAWSITIVE PRODUCTIONS INC. NIAGARA FALLS COUNCIL PENN AND TELLER FOOL US • September 9th 2020 Mayor Diodati and Members of Council: I am writing to you today to request your support with regards to a major opportunity that has been presented to me. The producers of the CW hit show “Penn and Teller Fool Us” reached out to me and have asked me to tape an illusion in our theatre for their show, to be televised at a later date. Of course this is an amazing opportunity for me and the team at the Greg Frewin Theatre. However, I realized that there is greater potential here for the City of Niagara Falls and for this to be another chance to let our visitors know that Niagara is still open for business. Therefore, our plan is not to do the illusion in the theatre, but outdoors with the Falls as the main backdrop. This still benefits the theatre but more so, all Niagara Falls tourism businesses, our community and the many employees who have just returned to work or will hopefully do so soon. The iconic view of the Falls is recognizable worldwide and I know that this will bring huge attention to Niagara Falls and tourism as a whole. Penn and Tellers’ show receives an average of 5 million TV viewers and millions more online. Some of their show segments have garnered more than 100 million online views. The Page 412 of 489 GREG FREWIN PAWSITIVE PRODUCTIONS INC. 2 segment would be more than 5 minutes in length and all eyes would be on Niagara Falls. We would film the segment during off peak hours to avoid gatherings. I believe this is an event that will help to boost the local economy as we continue to navigate the stages of getting people back to work and back out in the community. We have received both support and approval from the Niagara Parks Commission, Niagara Helicopters, Hornblower Niagara Cruises and many other tourism partners. I am committed to both helping and giving back to our community and am simply asking for an official letter of support from you Mr. Mayor and your council members. Thank you for your consideration. Sincerely, Greg Frewin Page 413 of 489 1 Heather Ruzylo To:Carey Campbell Subject:RE: Brock University: Updates for Fall & Community Engagement Strategic Plan From: Jayne Crawley <jcrawley@brocku.ca> Sent: Thursday, September 3, 2020 9:50 AM Subject: Brock University: Updates for Fall & Community Engagement Strategic Plan Good morning, We are pleased to share updates from Brock University as we embark on the fall semester. As the summer comes to an end, unfortunately the realities of COVID-19 are still with us. Like universities across Canada, we have spent the past five months responding and adapting to an ever-changing landscape and focused on public health and safety. Brock has been working closely with the Niagara Region Public Health department on our plans for the fall, which we communicated to you earlier this summer. Over the past several months, Brock scientists have also been contributing to global research efforts on COVID-19 as well as providing personal protective equipment for community partners and opening residence facilities for healthcare providers. Brock is Niagara’s university and that commitment continues in this virtual era. Although our work is taking place in different forums and places, the pandemic has not stopped our work as an institution of teaching and research, experiential learning and community engagement. Now more than ever, Brock is committed to being an active partner to enhance the life and vitality of our local region and beyond. Our new Community Engagement Strategic Plan supports this objective and builds on Brock’s long and proud history of community engagement. It is a priority in our institutional strategic plan and a goal that we all share for the future of the Niagara region. Earlier this summer, we wrote to you about our plans to present a delegation to your council this Fall. As we confront the challenges and opportunities of this new era, we would share Brock’s community engagement initiatives, our strategic plan and discuss ways that the University can support Niagara’s economic recovery. As we confront the challenges and opportunities of this new era, we would like reiterate that Brock is here for you and ready support Niagara’s economic recovery. If there is anything we can do to assist your municipality, please do not hesitate to let us know. Should you wish to contact us, you may do so through Jayne Crawley in our Government and Community Relations office, at jcrawley@brocku.ca. Sincerely, Government & Community Relations Brock University Page 414 of 489 Regional Community Builder Brock University Community Engagement Strategic Plan Page 415 of 489 Page 416 of 489 Table of contents Introduction .....................................................................................................................1 Background ......................................................................................................................3 Community consultation results ................................................................................7 Future state: The evolution of Brock’s community engagement: “Regional Community Builder Model” .......................................................................................11 How will we get there? Strategic goals ...................................................................12 Conclusions ...................................................................................................................18 Next steps ......................................................................................................................18 Page 417 of 489 REGIONAL COMMUNITY BUILDER1 Introduction Brock University has reached an important transition point in its history. In 2018, Brock approved Niagara Roots – Global Reach, its new Institutional Strategic Plan. This strategic plan provides Brock with the solid foundation necessary to evolve, over the next seven years, into a transformative and future-minded University. The plan sets out four strategic priorities that will guide the University’s direction: • Offering a transformational and accessible academic and university experience; • Building research capacity across the University; • Enhancing the life and vitality of our local region and beyond; and • Fostering a culture of inclusivity, accessibility, reconciliation and decolonization To support its new strategic direction, Brock has contemplated its role in the community and its commitments while looking at how the University can use its assets to promote action that contributes to the community. As a proactive partner invested in the success and well-being of the community, Brock must be mindful of its role in Niagara and beyond. This document reviews Brock’s current community engagement model and lays out a vision for an enhanced model with a pathway to make it a reality. It also recognizes that Brock is intrinsically linked to its external communities. This connection to community is fundamental to the University’s strategic mission. Community engagement will support each of Brock’s strategic objectives. It is recognized that all of the University’s strategic activities are enhanced through meaningful community engagement. Page 418 of 489 Brock University Community Engagement Strategic Plan 2020 2 Integrity and respect Freedom of thought and expression coupled with academic responsibility Inclusivity, diversity, equity Unique student experience The generation and mobilization of knowledge Reconciliation & decolonization Offer a transformational and accessible academic and university experience Build research capacity across the university Enhance the life and vitality of our local region and beyond Foster a culture of inclusivity, accessibility, reconciliation & decolonization Guiding ValuesStrategic Focus and Priorities Innovation and transdisciplinarity Sustainable, accountable stewardship GUIDING VALUES AND STRATEGIC PRIORITIES1 1 The colours in the graphic include Brock’s brand standards and those from the Indigenous Medicine Wheel, the Pride Flag and the Dish with One Spoon Wampum Agreement Flag. Page 419 of 489 REGIONAL COMMUNITY BUILDER3 Background Brock University’s commitment to community was sown long before its doors opened in 1964. Brock traces its history back to the grassroots movement led by the Allanburg Women’s Institute, which petitioned the government to establish a university in Niagara. The University represented an opportunity for local students to stay in Niagara to be educated, and the region would also benefit economically from Brock becoming a significant employer. As Brock created an outstanding institution of higher education, the focus in the beginning was on teaching excellence. As the new millennium dawned, Brock invested in growing its undergraduate and graduate enrolment to bring new talents, skills and energies to Niagara. At this time, the University also identified new opportunities to expand its research capacity. It transitioned from a primarily undergraduate institution to a comprehensive university with strong undergraduate and graduate programs. This enhanced focus on research also laid the foundation for knowledge sharing and community engagement. Individual scholars and units saw the benefit of building two-way connections between research and the needs and opportunities within the community, and in turn, independently worked to connect their innovations and expertise with community partners and knowledge users. However, as Brock became focused on becoming a comprehensive university, a disconnect began to emerge with the local community that founded it. For instance, research at the University was not necessarily tied or responsive to the needs of the local community. Brock had begun to lose focus on being an institution that served the needs of Niagara. While this disconnect was developing, public perceptions towards post-secondary institutions were also changing in the region. In 2006, Niagara was feeling the economic downturn ahead of the significant recession that occurred in 2008. It hit the Niagara region particularly hard, due in part to a traditional manufacturing economy — a sector decimated by the global downturn. The recession created an opportunity for universities to take the lead as potential vehicles to address social and economic challenges. This new opportunity resulted in a shift in how universities envisioned community engagement. At the same time, funders and governments also were responding with an increased focus on specific and measurable outcomes that could support the connection between universities and the community. This focus on synergy between academia and society has helped universities to recognize that closer and collaborative relationships with real social and economic needs are increasingly crucial to their public value and the value of the research produced. Part of the shift in perspectives was also influenced by universities gaining a better understanding of the educational benefits of community engagement for students. In fact, studies have shown a correlation between the level of student engagement and future academic achievement. Specifically, students who engage with the community may feel more prepared for post-university life at the time of graduation, and this engagement also provides benefits to the community. In recognizing this new shift in public perspectives around universities and the realization of a disconnect between Niagara and Brock, our institution has responded by looking more closely at how it can utilize its knowledge, students and resources to deepen its support and collaboration with the local community. For instance, research efforts can be better focused on strengthening impact by working together with the community to understand local problems and, in turn, identify and develop potential real-world solutions. By re-envisioning its role in Niagara with a multi-faceted lens, Brock is turning its focus back to the community in truly collaborative partnerships across the region and the University. Page 420 of 489 Brock University Community Engagement Strategic Plan 2020 4 Understanding the need for a new model In 2013, the University initiated conversations with leaders in Niagara to better understand how Brock could work more closely with the community to facilitate mutually beneficial partnerships and generate tangible impacts. A President’s Task Force on Community Engagement was established, with members representing a cross-section of individuals from business, regional government and non-profit organizations. This group was tasked with developing a co-ordinated community engagement framework that would strengthen and inform Brock’s efforts moving forward. Through a number of consultations and interviews, the Task Force examined how the University was connecting with the community through student engagement, academic programming, research, knowledge mobilization and innovation partnerships, as well as broader programs and services. It also compared Brock’s efforts with national and international best practices to help identify what the University was doing well and highlight areas for improvement. Following the initial research and outreach in early 2015, the Task Force developed a formal report with key findings and detailed recommendations from the community's viewpoint to strengthen and expand the University's community engagement. It confirmed Brock’s belief that the community’s voice is an invaluable asset in the development and implementation of the University’s commitment to community engagement and outlined the next steps, laying the foundation for a more formal framework. Reflecting on the community’s insight, the framework was further refined between 2015 and 2017 to enhance the University’s approach, resulting in a working definition of community engagement, a vision and mission statement, as well as strategic recommendations that focused on the future of community engagement at Brock. This set of guiding principles informed the next steps in the community engagement strategy. With these tools in place, Brock began to enter into a new phase of community engagement that was influenced by another trend in the university sector, including Simon Fraser University and Ryerson University — all of which are defined as “university builders.” These institutions examined how to be more strategic with their physical assets by partnering with local municipalities to be "city builders." Examples of these collaborations included building in strategic areas by revitalizing or sharing facilities based on three main principles to adapt the University to the surrounding community. Brock Community Engagement Guiding Principles DEFINITION University-community engagement at Brock refers to the multi-directional collaboration between institutions of higher education and broader communities for the mutual exchange of knowledge, resources and experiences. These efforts are carried out in a spirit of partnership, inclusivity and reciprocity to contribute to the community’s sustainable economic, social, environmental and cultural prosperity while also reciprocally learning from the community to inform and guide our operations and strategic plans. VISION Collaborative, engaged, and thriving: Partnering with Niagara for growth, prosperity and well-being MISSION To bring the University and community together for the mutual advantage that serves the social, cultural and economic well-being of Niagara. Goals • Enhance the culture of community engagement at Brock University (internally focused) • Be a catalyst for a more engaged Niagara (externally focused) • Coordinate and support opportunities for community engagement (structural link between the internal and external) Page 421 of 489 REGIONAL COMMUNITY BUILDER5 Building Principles The first principle is urban intensification, which focuses on making buildings taller rather than wider, resulting in better use of limited land space. The second principle encourages putting people first and creating pedestrian- friendly urban environments. This means primarily focusing on the safety of students. The last principle, commitment to design and excellence, focuses on the presentation of buildings and finding unique ways to make them appealing to the people who will directly use or experience them in their surroundings. URBAN INTENSIFICATION Inspired by “city builder” universities, Brock took into consideration the principles of this approach and adapted them to its local context. While Niagara is not an urban centre, the University has made efforts to embed itself physically into the community more deeply. In 2007, as Niagara was feeling the effects of what would become a recession, Brock decided to partner with the City of St. Catharines to relocate its Marilyn I. Walker School of Fine and Performing Arts (MIWSFPA) off campus, to a downtown location, while also partnering with the City’s fine and performing arts centre. This deliberate partnership strengthened the economic viability of the downtown core. Many businesses have benefitted by having students, staff and faculty located in the geographic area in which they operate, contributing to a revitalization of St. Catharines’ urban core. More recent efforts include regional partnerships on the Canada Games facilities, which will bring new recreational community infrastructure to Thorold, St. Catharines and other Niagara communities. CREATING PEOPLE-FRIENDLY PLACES The second principle of putting people first and making pedestrian-friendly environments is exemplified by Brock’s efforts to make the University more open and accessible to the community. An example of this is the multi-use path that runs parallel to Merritville Highway that provides Brock’s students, faculty and staff, as well as the broader community, a more safe and accessible way to reach the main campus. The path was constructed in 2017 as part of the Region’s Brock District Plan, which was prepared in co-operation with the University, the City of Thorold and the City of St. Catharines. Another recent example includes the establishment of the Brock LINC, which is the new face and front entrance to Brock. This new space, dedicated to research, innovation, commercialization and entrepreneurship, is designed to be open and conducive to fostering collaboration between students, faculty, businesses, and the broader Brock and Niagara communities. All of the activities in this space are visible and accessible to pedestrians as they enter the new front door of the University. DESIGN AND EXCELLENCE The last principle, a commitment to design and excellence, is reflected in Brock’s most recent additions to the campus. The Roy and Lois Cairns Health and Bioscience Research Complex, the expansion of the Goodman School of Business, and the Rankin Family Pavilion have all had a transformative impact on Brock’s campus, representing modern designs that project the forward-looking ambitions of Brock’s future as a centre of excellence. The principles of how we can contribute to Niagara as a “university builder” will remain integral to Brock’s plans for community engagement as it moves forward to its future state. CURRENT STATE In addition to these building principles, Brock's community engagement has focused on three areas of activity: research and knowledge mobilization, student engagement and continuing education. Today, Brock’s faculty, staff and students work together with community partners to tackle problems facing our communities — from social determinants of health, to environmental sustainability, to supporting economic prosperity. Brock is putting a focus on being an active partner in supporting and informing the key requirements necessary to strengthen our local community. Through its partnerships, Brock identifies and supports the co-creation of knowledge and mutually beneficial outcomes in areas related to specific community needs. These partnerships have also worked to make research accessible, understandable and useful for the community. Page 422 of 489 Brock University Community Engagement Strategic Plan 2020 6 Brock’s community engagement focuses on three areas: research partnerships, student engagement and continuing education. RESEARCH AND KNOWLEDGE MOBILIZATION Research and knowledge mobilization activities are an integral part of Brock’s community engagement strategy. These activities are typically based on pre-existing relationships between individual researchers, units, or departments and community groups. In general, these collaborative partnerships happen for a specific purpose with expectations and deliverables. Brock’s existing research partnerships can be enhanced with mutual benefits to Brock and the community. STUDENT ENGAGEMENT Brock students’ community engagement includes both curricular opportunities, such as co-op placements, experiential education opportunities, and research assistantships, as well as co-curricular volunteer opportunities. These student-based community engagement activities not only support the community, but also have benefits for the students themselves, both during and after their time at Brock. CONTINUING EDUCATION Continuing education provides opportunities for people in Niagara and beyond to return to school, learn new skills or upgrade existing skills as they progress in their careers. In 2016, 31.9 per cent of Ontarians had a university degree. In contrast, the number in Niagara was only 20.4 per cent. As Niagara's labour market continues to evolve, Brock's expanded course offerings can support Niagara's labour market and the local economy. While there has been an expansion of Brock’s continuing education offerings, it is currently ad hoc rather than fully integrated across the University. Not all Faculties offer continuing education opportunities and options available to prospective students are limited. This ad hoc approach has revealed a potential area for improvement. The University will need to expand continuing education to all Faculties of study and provide a wider range of programs and more flexible options, such as part-time programs, to ensure ease of access. While Brock has had considerable success in recent years with its community engagement, there are opportunities for improvement through better co-ordination and greater participation. The University lags far behind other institutions in the formalization and support for community partnerships. The costs of missing opportunities through community partnerships are considerable and varied. For example, community partnerships have an impact on reputation, funding, research opportunities, grants, salaries, in-kind contributions and philosophical support. Although Brock may be behind in this area, the University is well-positioned to become a world-leading, community- engaged university thanks to our existing strong roots in Niagara and a renewed focus on engaging with our community and region. In partnership with Niagara, Brock can enhance opportunities for local residents and create a unique model of successful, modern community engagement. Over the last three years, the Office of Government and Community Relations has been actively pursuing this goal. With the recent development of Brock’s new Strategic Plan, the Office of Government and Community Relations undertook additional community and internal consultations. This report includes a summary of these consultations, as well as strategic goals and outcomes to move towards a new model of community engagement. Page 423 of 489 REGIONAL COMMUNITY BUILDER7 Community consultation results In preparing the Community Engagement Strategic Plan, consultations were conducted with internal and external stakeholders to gather perspectives on Brock’s strengths, weaknesses and opportunity areas for community engagement. Thank you to the following for participating in the consultations: Several themes emerged from the consultations which informed the development of the plan. The following pages include commentary from the consultation participants to provide context for each of the themes and recommendations. City of St. Catharines District School Board of Niagara Fort Erie Native Friendship Centre YWCA Niagara Habitat for Humanity Innovate Niagara Lakeside Steel Corporation Town of Lincoln Wise Guys Niagara Falls Public Library Greater Niagara Chamber of Commerce Niagara Health Niagara Industrial Association Niagara Region Niagara Region Public Health Niagara Regional Police PFLAG and OUTNiagara Community Care Hotel Dieu Shaver Brock’s Senior Administrative Council Other internal university stakeholders Page 424 of 489 Brock University Community Engagement Strategic Plan 2020 8 1 Overall, our community recognizes the contributions of Brock students, staff and faculty to the region, and expressed a desire to do more to ensure that students and youth choose to stay in Niagara after graduation. Consultation participants confirmed a strong knowledge of the outstanding level of community engagement and service delivered by Brock. From volunteering, to camps, to job placements, participants greatly appreciated the existing approaches to community engagement and saw Brock as a visible contributor to the community. However, participants felt that more could be done to work towards retaining students and youth after graduation. It will be necessary for Brock to consider how its communications can do more than raise awareness about Brock’s role in the community, and shift towards promoting Niagara as a place to stay after graduation: to live, work, and build a career. PARTICIPANTS OBSERVED: • " An organization like ours would not be able to exist without the brainpower of Brock. Students who do placements with us provide a unique perspective to the work we do. Brock is one of the best assets here in Niagara." • " Brock can help us use evidence-based decision making in our work." • " We need to see students and graduates as resources and do what we can to keep them in the community. This includes providing resources that will help them grow." 2 There was a great deal of interest and appreciation for formal partnerships and the “memorandum of understanding” (MOU) approach to partnerships. The recent creation of formalized partnerships between Brock and community organizations has been met with great enthusiasm and support. Those organizations already holding an MOU were pleased with the formal, measurable nature of the agreements, while those without were extremely eager to enter into such an agreement with Brock. The varying levels of knowledge of the MOU process speaks to a need for consistent, targeted communications with the community, and two-way dialogue, openness, and accessibility to ensure that potential partners feel able to approach Brock and are also aware of the opportunities for partnership. It also will be essential to communicate shared successes and demonstrate the measurable impact of partnerships through key performance indicators established and tracked within the MOUs. PARTICIPANTS OBSERVED: • " Where Brock’s gone in the last number of years is so different from what it was 10 years ago. We have an MOU and created a virtual campus that evolved into a bricks and mortar campus. We’ve integrated students in a living lab with researchers in the community and incorporated a lot of it into one of our largest developments. I’ve seen a huge improvement." • " The formal partnership really helps you to set goals and targets and get to outcomes!" 3 Consultation participants consistently highlighted the need for, and benefits of focused priorities and efforts. Participants suggested more significant impacts would come from building our collective capacity to address the social, cultural and economic issues or “wicked problems” facing our community. (Wicked problems are defined as social or cultural problems that are difficult or impossible to solve.) While participants appreciated being able to come together and network, they saw greater opportunity at a working group level focused on specific issues. There was great interest in leveraging relevant community partners, alongside Brock’s research enterprise to study pressing problems facing the community and to co-create actionable solutions. Not only will this create greater openness between the community and the University, but it will also strengthen the meaningful partnerships that Brock shares with the community. PARTICIPANTS OBSERVED: • " Is there an opportunity to look more closely at something and maybe an anchor mission can come out of that? It could be social determinants of health, which touch mental health and wellness, Indigenous communities. It could be one related to economic development and then bringing people together to have those discussions, so they’re not in silos. Some kind of focused area." • " I agree that bringing groups like this together needs to continue – but it needs to focus on where our energies are best spent – overall we can’t always keep Page 425 of 489 REGIONAL COMMUNITY BUILDER9 our young people here, but graduates aren’t looking for 30-35 year careers anymore – do we need to change our perspective on what careers look like?" 4 While most participants knew of Brock’s successful partnerships, there was concern that opportunities were being missed to share success stories more broadly. Participants also indicated there is a lack of awareness of how Brock’s institutional reputation has improved in recent years. There was concern that the broader public was unaware of the great work being done by Brock in the community and the results of these partnerships. A similar concern was expressed about a lack of awareness that Brock’s reputation continues to improve, as indicated by growth in first-choice applicants or Brock’s Maclean’s ranking for student experience. Participants were eager to hear more about the work Brock is doing in the community through partnerships. They also felt that a celebrating successes would help increase community interest and engagement. This can help build goodwill with our neighbours and partners, and also help manage challenges when they arise between the University and surrounding community. When partners are successful, Brock should seek to co-ordinate with them to communicate these successes and expand our communications impact across a variety of channels and networks. PARTICIPANTS OBSERVED: • " Brock’s reputation has come a long way. When I went to Brock years ago, it was not my first choice. Today, it would absolutely be my first choice." • " We are too humble in Niagara. We don’t celebrate loud enough – so much awesome has come out of Niagara." • " Definitely more tooting of the horn. There’s an opportunity to showcase and advertise the great successes. I read one of Brock’s faculty created a leading assessment tool, and it made me proud to see that national promotion." 5 Community partners shared their appreciation for the opportunity to come together for multilateral discussions beyond the bilateral relationships each partner has with Brock. Consultation participants were appreciative of, and excited by, the opportunity to come together as a community through their partnerships with Brock. Beyond the networking benefits of meeting other community leaders and organizations, there was interest in receiving updates on the nature and progress of different partnerships, and enthusiasm for doing more together. Noting Brock’s unique role as a convener of the community, an opportunity exists to continue bringing community partners together on a more regular basis to facilitate the sharing of information. Page 426 of 489 Brock University Community Engagement Strategic Plan 2020 10 PARTICIPANTS OBSERVED: • " I think that having sessions like this is very valuable. My brain is sparking in so many directions, but we have to be aware of what’s going on in the community." • " There’s value in partnering on a number of levels. It would be great to work together to make sure that all of our planning is heading in the same direction." • " We need a continuation of the one-on-ones and partnerships, but I think there is also value in that multijurisdictional, cross-functional work, so we know what everyone is doing." 6 The opportunity exists to simplify and streamline community engagement networks and coordination of partnerships. One area of advice participants offered was to simplify the way the community is engaged across the University. While there is now a designated Community Relations team within the President’s Office, many partners have multiple relationships with different units within the institution. It was suggested that a simplified, centralized approach to this relationship management would make it easier for partners, and the University to co-ordinate resources and efforts. There is an opportunity to leverage the Office of Government and Community Relations as the central hub for partners to approach the University and receive co-ordinated service, while also working with faculty and students to facilitate outreach to the community. PARTICIPANTS OBSERVED: • " We need to know more about what all the different pieces of Brock do – someone was looking at research projects, co-op students, and he had to make 4-5 phone calls to figure out where to go. There were no formal ties between the different places at Brock." • " People draw connections to specific pockets, and we need to make sure we respect those connections." • " A good start would be a coordinated approach, and the first step is to inventory – reflect on what’s been working in isolation, scale those up. I bet it would highlight that we’re doing more than we think we are." 7 Participants discussed the need for continuing education opportunities within the region as a critical priority for Brock to consider. Participants explained that as the workforce continues to evolve, Brock can play a role by offering retraining and further education opportunities to the community. While continuing education falls outside of the activities of the Office of Government and Community Relations, the Office can help to support Brock in meeting this identified need. Continuing education and the opportunity to up-skill the existing workforce within the Niagara region and beyond was a priority among community partners. There was agreement that education is no longer a specific period of time, but rather opportunities exist over the course of one’s life to participate in formal education and skills development. There is an opportunity to better understand community needs from a skills and education standpoint, in addition to collaborating across the University to create offerings that deliver on these needs of the community. PARTICIPANTS OBSERVED: • " Now a student is any age. The opportunity is for Brock to look at continuing education. Look at areas offered in industry." • " We partnered with Goodman and offer twice a year leadership development programs and we reach out to the community to participate in it." • " Linkages with industry – make the linkages that might not be obvious – tie it into continuing education and skill development." Page 427 of 489 REGIONAL COMMUNITY BUILDER11 Future state: The evolution of Brock’s community engagement: “Regional Community Builder Model” Taking into consideration the feedback received through the consultations, Brock has developed an enhanced vision for community engagement. This new model, named the Regional Community Builder Model, will expand upon Brock’s current efforts to further embed Brock in all aspects of Niagara society and beyond. This plan identifies core strengths on which Brock can build its future engagement, enhancing its connections with the communities it serves locally, provincially, nationally and around the globe in order to ensure the University is an integral community resource. This plan has provided Brock with an opportunity to rethink what additional mechanisms can be employed to ensure its activities truly relate to and strengthen communities. The plan also highlights the need to work with our partners in a more structured and co-ordinated way, that limits the duplication of efforts. The plan recognizes that building awareness within the University and creating a culture of community engagement are important for success. The plan is critical to ensure that those synergies are identified, and that the resulting collaborations lead to direct, meaningful and measurable impacts. Finally, the plan also lays out a vision where Brock can exercise its full capacity as a community builder, knowing that working with and for community partners makes it a better university. Brock plays an integral role in the overall health of the community and welcomes the opportunity to serve as a community resource. The University recognizes that by preparing educated and engaged citizens with an innovative experience that is not limited to a particular discipline, it is contributing to the public good. Furthermore, efforts to retain graduates in Niagara also serve to strengthen the community’s overall well-being. And lastly, community-based research, scholarship and creative activity all strengthen the partner organizations themselves and the communities they serve. This new and enhanced vision outlines how the University can do more. We can expand current activities and capitalize on the expertise and assets that the communities have, recognizing that partnerships and collaborations with them bring value and benefit to everyone, including Brock. Furthermore, we can also embrace our ability to serve as a catalyst, bringing diverse groups together to support the broader community’s capacity and civic dialogue. When successful, it will support shared ownership and vision of the University’s community engagement among those internal to Brock and the community. It will also help a broad cultural shift to a fully engaged university. And finally, it will make sustainable and meaningful impacts from our partnerships a reality. Page 428 of 489 Brock University Community Engagement Strategic Plan 2020 12 How will we get there? Five strategic goals The outcomes of the recent community consultations, and the earlier findings of the President’s Task Force on Community Engagement, have helped to develop a new model that not only aligns with the University’s mission and vision, but also reflects the needs and concerns of the broader community. This new Community Builder Model is aligned with the institution’s Strategic Plan, Niagara Roots-Global Reach, and will enable the University to deliver on its overarching priorities. The community engagement goals align with the Institutional Strategic Plan as follows: Community Engagement Goal Institution’s Strategic Priority Foster a Culture of Meaningful Community Engagement Enhance the life and vitality of our local region and beyond Support Knowledge Mobilization Build research capacity across the University An Open and Accessible Community Resource Foster a culture of inclusivity, accessibility, reconciliation and decolonization Communicate and Connect with the Community Enhance the life and vitality of our local region and beyond Support Experiential Learning and Educational Pathways Provide a transformational and accessible academic and University experience Page 429 of 489 REGIONAL COMMUNITY BUILDER13 1 FOSTER A CULTURE OF MEANINGFUL COMMUNITY ENGAGEMENT Under the new Regional Community Builder model, the University will focus on growing and sustaining meaningful partnerships with local organizations and groups, as well as at a national and global level. The goal for our community partnerships is to create meaningful and mutually beneficial initiatives, outcomes and impacts for our shared communities. There is also a focus on expanding the breadth and depth of these partnerships and to work together with our partners to create dynamic solutions to issues facing our communities. GOALS • Build community partnerships that advance Brock’s strategic priorities and support Niagara’s social and economic development. • Strengthen and expand existing relationships between the University and our partners through the use of more formal agreements, such as MOUs. • Identify opportunities to bring partners together to make connections, share information and explore broader collaborations. • Establish a clear mechanism for providing support to University-community partnerships. OUTCOMES • An increase and/or deepening of partnerships focused on Brock’s areas of institutional strength throughout the Niagara region and beyond. • Continue to grow the overall number and/or breadth and scope of MOUs, ensuring mutually beneficial outcomes for all partners. • Develop meaningful metrics with partners to begin tracking and determining shared milestones that demonstrate a mutual benefit for a future celebration. • Increase opportunities that bring partners together to explore broader collaborations on important cross- sector issues. • An increased emphasis on community-based research. Page 430 of 489 Brock University Community Engagement Strategic Plan 2020 14 Bowen, S. J., & Graham, I. D. (2013). From knowledge translation to engaged scholarship: promoting research relevance and utilization. Archives of Physical Medicine and Rehabilitation, 94(1), S3-S8. 2 SUPPORT KNOWLEDGE MOBILIZATION It is not enough for Brock to produce knowledge alone. That knowledge must be disseminated to impact social change and benefit society. At Brock, we recognize that in addition to sharing research and supporting the community’s research and innovation needs, there is an immense wealth of knowledge in the community that can guide and support the work Brock researchers do. Specifically, Brock has looked to the knowledge mobilization (KMb) literature and previous projects, and recognized that integrated people/community engagement is key, and as stated by Bowen and Graham (2013), that our KMb work should “[reflect increased] societal expectations that knowledge must not only be scientifically valid, but also socially robust”. Together, with the Office of Research Services, we will work to more effectively inform, highlight and mobilize the insights and innovations of our faculty and students, and ensure we are working collaboratively to learn from our communities to further strengthen our research, learning, teaching and impact — locally and globally. GOALS • Leverage community partnerships and identify strategic opportunities to encourage bilateral and equitable knowledge sharing. • Widely communicate Brock’s research successes and relevance to the community. Share Brock’s research output through open access publications and dissemination. • Support the community by connecting relevant research facilities to community needs. • Continue to grow the culture of community-engaged faculty, to support more in-depth research and community partnerships. • Ensure the knowledge and expertise of Brock’s internal community are leveraged and sought after by local boards, public policy forums, businesses and not-for- profit organizations. OUTCOMES • An increase in the number and/or scope of community-based research projects. • An increase in KMb efforts created and supported by Brock to share knowledge with community partners. • An increase in the number of staff and faculty participating in relevant local boards and public policy forums. 3 AN OPEN AND ACCESSIBLE COMMUNITY RESOURCE Recognizing its responsibility as a public institution, Brock strives to make itself open and accessible. Brock seeks to increase its presence, reduce barriers and make the University open, available and fully integrated into the community. Truly opening Brock’s metaphorical doors also requires a concerted effort to overcome systemic barriers and include peoples of diverse backgrounds including physical, social, political, economic, cultural, age, sexual and health differences. Inclusivity is essential to ensuring that community engagement efforts address diverse needs and benefit everyone. Our support for diverse needs is complemented by our efforts to build awareness of accessibility, reconciliation, diversity and inclusivity in all aspects of our programming and processes. GOALS • Reduce barriers and simplify the process of engaging with Brock to make it easier for partners and community members. • Identify opportunities to improve Brock’s accessibility for the community in partnership with faculties, departments, offices and community partners. • Reinforce a culture of accessibility, diversity and inclusivity through our practices, initiatives and communication efforts. • Increase outreach by engaging with diverse, marginalized and Indigenous communities. • Enhance and expand non-traditional and inclusive learning options for community members. OUTCOMES • Increase the number of community members coming to campus to access our facilities and/or utilize our services. • Increase the number of community partner events held on and off campus. • Increase the number of and strengthen existing relationships with organizations that target their support to minority and marginalized peoples. Page 431 of 489 REGIONAL COMMUNITY BUILDER15 • Increase the number of pathways and opportunities for learning and accessing Brock’s resources for non-traditional groups. 4 COMMUNICATE AND CONNECT WITH THE COMMUNITY Maintaining and nurturing ongoing communication with community partners will allow Brock University to expand its partnerships and impacts. Effectively communicating Brock’s contributions to the region should increase positive perceptions of the University, support the recruitment of local students and help manage issues when they arise. Facilitating a two-way dialogue with our community and our partners should also help us tailor our approaches and contributions to ensure we are truly meeting the needs of all involved. GOALS • Promote Brock’s community engagement activity and its impact on the Niagara community. • Work with our partners to jointly produce and share content that highlights the collective benefits we generate from our partnerships. • Work with student organizations to share the positive impacts of our students throughout our community. • Position Brock as a clear and vast resource for the community. • Develop and maintain a database to track and report on Brock’s community engagement activities. • Leverage opportunities to showcase our partnerships and successes, internally and externally, through our partner organizations. • Develop mechanisms to better identify, understand and consider community needs, enabling Brock to explore ways to support our partners and the broader community. OUTCOMES • Develop reports that highlight both the social and economic impact that Brock has on the community — to be delivered in alternating years. • Brock’s continued presence at and/or support of community events and activities. • Recognize faculty, staff, students and partners for their contributions to enhancing our community. Page 432 of 489 Brock University Community Engagement Strategic Plan 2020 16 5 SUPPORT EXPERIENTIAL LEARNING AND EDUCATIONAL PATHWAYS The Office of Government and Community Relations supports experiential learning and educational pathways by working closely with departments and faculty across the University to support their efforts to identify and nurture strategic, community- based opportunities that are mutually beneficial for Brock and our community partners. Experiential Learning To provide a transformative experience for students and to help them reach their full potential as educated and engaged citizens, we must think of education beyond the traditional classroom setting. By engaging with the community, we can provide meaningful, hands-on learning opportunities for our students that are memorable and impactful. Through co-curricular and extra-curricular clinical, practicum and other novel curricular opportunities, students engage with the larger community in ways they might not otherwise experience. By providing opportunities for students to work with and engage the community — including non-profit organizations, start-up companies and larger businesses — Brock will ensure students gain an appreciation for and contribute positively to the community during their studies. Educational Pathways Educational pathways include formal programs, certifications, micro-credentials, non-credit courses, curricular learning opportunities, and other forms of continuing education and professional development opportunities. Recognizing this as a facet of our educational mandate, Brock is continuing to explore how best to ensure the pathways we offer align with the needs of our communities. This is reflected in a recent survey we have embarked upon in partnership with local chambers of commerce to understand the labour skills gap better. Page 433 of 489 REGIONAL COMMUNITY BUILDER17 Page 434 of 489 Brock University Community Engagement Strategic Plan 2020 18 Conclusion The Community Engagement Strategic Plan honours our vision and mission while delivering focused support for key priorities of the Institutional Strategic Plan. It demonstrates an evolution from a city builder model to a regional community builder and resource. Strengthening and expanding our efforts has seen our activities maturing from ad-hoc individualized collaborations to well-defined, outcome-driven partnerships. We know that by integrating engagement into the University’s policies and practices, and by building it into our culture, we will strengthen our communities and our institution. Furthermore, by creating opportunities for the two-way exchange of ideas, knowledge, skills and expertise, and by communicating the mutual benefits, we can collaboratively work to break down barriers and position Brock as a public resource that supports the social and economic well-being of our community. This model for engagement can then be replicated beyond our Niagara borders to support the larger communities. Next steps The Institutional Strategic Plan defined the need for a number of faculty and departmental plans, such as this plan for community engagement. Informed by the directions within Brock’s Institutional Strategic Plan, the Community Engagement Strategic Plan will now move towards implementing the goals within while reporting regularly on outcomes to the Board of Trustees. Review of resource allocation to specific goals and coordination of efforts throughout the University has already started and will continue. Page 435 of 489 Brock University Niagara Region 1812 Sir Isaac Brock Way St. Catharines, ON L2S 3A1 comengage@brocku.ca brocku.ca/community-engagement Page 436 of 489 August 24, 2020 …/2 To: William G. Matson, City Clerk City of Niagara Falls Dear Mr. Matson: On behalf of the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, I am writing in response to your email of June 26, 2020, which refers to a motion passed by the City of Niagara Falls. This motion requests modifications to Innovation, Science and Economic Development Canada’s (ISED) antenna siting procedures, as well as greater involvement of the federal government in the investigation of any health concerns with 5G technology. ISED recognizes the need to have collaborative and consultative procedures with respect to antenna systems. In this regard, ISED’s antenna siting procedures were established to set out the procedures to be followed by all tower proponents, including telecommunications carriers, broadcasting undertakings and third party tower owners. The procedures seek to balance the increasing demand for wireless services with the needs of neighbourhoods and communities across Canada. The city’s motion requests the removal of certain exemptions found in the procedures. Please note that there are limitations as to when the 25% height increase exemption for existing antenna systems may be applied. Furthermore, telecommunications carriers, broadcasting undertakings and third party tower owners are not eligible for the less than 15 metres level height exemption for new and existing antenna systems and, as such, are required under the current procedures to consult on these types of antenna systems. Regarding the removal of the non-tower structure exemption and the request to include a requirement to consult on 5G placement of antennas and towers, ISED will assess the antenna siting procedures and consult, if required, on any proposed changes to ensure its regulatory regime remains effective in the context of the deployment of 5G. With respect to health concerns with 5G, please note that to protect the health and safety of the public, ISED has adopted Health Canada’s Safety Code 6 (SC6), as the Canadian radiofrequency (RF) exposure limits for wireless devices and their associated infrastructure. These limits were developed using a science-based approach consistent with other parts of the world, including the United States, European Union, Japan, Australia and New Zealand. Page 437 of 489 -2- These limits, which already cover the frequency ranges that will be used by 5G devices and antenna installations, are set far below the threshold (at least 50-fold safety margin) for all known established adverse health effects and provide protection for all Canadians on a continuous basis (24 hours a day, seven days a week). As the responsibility for developing SC6 lies with Health Canada, please direct any questions regarding its development or any research concerning the effects of RF energy to that Department. Additional information can be found on our “Radiofrequency Energy and Safety” website. Thank you for taking the time to share City of Niagara Falls’ concerns with our Department. Sincerely, Original Copy Signed By Marc-André Rochon A/Director General, Spectrum Management Operations Branch Spectrum and Telecommunications Sector c.c.: Mr. Tony Baldinelli, M.P. (Tony.Baldinelli@parl.gc.ca) Page 438 of 489 June 26, 2020 Working Together to Serve Our Community Clerks Ext 4342 Fax 905-356-9083 billmatson@niagarafalls.ca Minister of Innovation, Science and Economic Development Canada C.D. Howe Building 235 Queen Street Ottawa, Ontario K1A 0H5 email: ISI.minister-ministre.ISA@canada.ca Honourable Navdeep Bains: Re: 5G Health concerns Please be advised that at the June 2, 2020 meeting of Niagara Falls City Council, the following motion was passed: “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.” Furthermore, “That the City of Niagara Falls ask the Federal Government to be further involved in the investigation of any health concerns with 5G technology.” Page 439 of 489 2 If you have any questions, please contact me directly. Sincerely, William G. Matson City Clerk c. Tony Baldinelli, MP Tony.Baldinelli@parl.gc.ca Page 440 of 489 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 _____________________________________________________________________________________ Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Hello Bill, On August 14th, 2020, after extensive marketing and communication with the membership, the Board of Management’s nomination period for the three (3) vacant positions were filled by acclamation. After seeking your consultation, the Board has decided, as per your advice, to continue holding the special meeting on September 4th, 2020, to introduce the new board members to the membership of the Downtown Niagara Falls BIA. The Board of Management requests the following names be accepted and added by City Council to the slate of Directors at the September City Council meeting: 1. Starr Bowes, Paris Crepes Café with permission from business owner 2. Kim Snyder, KAS Business Services, Business Owner 3. Glen Sparks, Third Space Café with the authorization from the Board of Directors With these nominations, the Board is proud to have equal representation of business owners, property owners, and employees of downtown establishments. If you have any questions or concerns, please do not hesitate to contact our Interim Executive Director at amanda@queenstreetniagara.com. Sincerely, Ron Charbonneau Page 441 of 489 1 Suzanne Anderson From:Suzanne Anderson Sent:Thursday, August 27, 2020 11:07 AM To:Suzanne Anderson Subject:FW: **0105382** Canada / US Border Closure Attachments:Canada US Border Openings - August Followup.docx From: CBSA-ASFC_CONTACT <CBSA-ASFC.CONTACT@cbsa-asfc.gc.ca> Sent: Wednesday, August 26, 2020 1:36 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: RE: **0105382** Canada / US Border Closure Good morning Mr. Matson, This is to confirm receipt of your email dated August 13, 2020. Amended direction has been received from the Public Health Agency of Canada regarding students who must cross the border daily to attend school. These students will no longer be exempt from the requirement to quarantine for 14 days. Students who reside in Canada and must enter the United States to attend school are subject to the quarantine measures upon their return to Canada but are able to leave Canada to return to school before the end of 14 days. Students who must enter Canada to attend school daily are subject to the order for mandatory isolation: Canadian citizens enter by right but are still required to comply with the 14 day mandatory quarantine order Foreign nationals will be refused entry if they are not able to comply with the 14 day mandatory quarantine order. If further clarification is required regarding the mandatory quarantine order, please contact https://health.canada.ca/en/public-health/corporate/contact-us.html Thank you for contacting the Canada Border Services Agency. From: Bill Matson <billmatson@niagarafalls.ca> Sent: August 13, 2020 3:18 PM To: 'contact@cbsa.gc.ca' <contact@cbsa.gc.ca> Cc: P. Baldinelli <tony.baldinelli@parl.gc.ca> Subject: **0105382** Canada / US Border Closure Please be guided by the attached letter regarding a motion passed by the Council of the City of Niagara Falls on August 11, 2020. 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 Page 442 of 489 2 niagarafalls.ca City of Niagara Falls facilities are closed to the public as of March 16 as a precautionary measure to stem the spread of COVID-19. We will continue to serve you online or by phone. We thank you in advance for your understanding, should we take longer than usual to respond to your inquiry. To keep up-to-date on City's COVID-19 response efforts, and the impact on City services, visit niagarafalls.ca/covid19. The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 443 of 489 August 13, 2020 Working Together to Serve Our Community Clerks Ext 4342 Fax 905-356-9083 billmatson@niagarafalls.ca Canada Border Services Agency Ottawa, Ontario CANADA K1A 0L8 To Whom It May Concern: Sent via E-mail: contact@cbsa.gc.ca Re: Canada / US Border Closure and Eventual Re-opening Please be advised that at the August 11, 2020 meeting of Niagara Falls City Council, the following motion was passed: “That Staff contact the Federal Government regarding any steps that are being taken by the Canadian Border Services to allow for monitored border crossings, including students that may need to cross the border for the purposes of schooling and if no such steps are in place, that City Cou ncil encourage the implementation of a system whereby safe entry and exit to the border can take place.” The background to the above motion is relating to the current limitations on border crossings that exist during the Coronavirus pandemic. If you have any questions, please contact me directly. Sincerely, William G. Matson City Clerk c. Tony Baldinelli, M.P. Page 444 of 489 August 11, 2020 Deb Reid Executive Director Niagara Regional Police Service Board 5700 Valley Way Niagara Falls, ON L2E 1X8 Sent via email: Deb.Reid@niagarapolice.ca Re: Motion regarding Body Cameras for Police Officers - Comments from City of St. Catharines Anti-Racism Advisory Committee Our File 35.65.75 Dear Ms. Reid, At its meeting held on August 10, 2020, St. Catharines City Council approved the following motion: WHEREAS St. Catharines City Council asked for advice from the Anti-Racism Advisory Committee on body cameras for police and other reforms; THEREFORE BE IT RESOLVED that City Council endorse the following recommendations from the Anti-Racism Advisory Committee: Training Increase Crisis Intervention Training to being offered at least 4 times a year or until as close to 100% of front line officers as possible at any given time would have completed the training; Add cross-cultural mental health training to its Crisis Intervention Training; Add implicit bias and anti-racism trainings in its refresher trainings and that these trainings be led by experts from equity seeking groups, along the lines of the African Canadian Legal Clinic's recommendations to the Ipperwash Inquiry: “That police forces develop an anti-racism curriculum and training program to be incorporated into any existing training programs on use of force and which will be mandatory for recruits, new officers, and serving officers. The training should be designed and delivered by independent experts in anti-racism to ensure a full understanding of racially biased policing, racial discrimination and the racialized communities police serve, particularly with respect to use of force. This training should be provided as a refresher on a regular basis. The training program should be independently and regularly evaluated to assess its efficacy with respect to effecting anti-racist behavioral and attitudinal change.” Page 445 of 489 Re-assessing police service standards to shift its budget The NRPS Chief and Board re-assess “adequate policing” requirements based on removing welfare checks, mental health, and suicide threat calls, as well as foot patrols that are only demanded because of perception; That the Niagara Regional municipality shift these funds from the reduction of the NRPS budget to a dispatched civilian service such as the EMS; Civilian Review The establishment of a local purely civilian (no former police officers) body including members from equity seeking groups with oversight, disciplinary powers, and the power to refer charges for prosecution over police officers; Establish the office of a purely civilian (no former police officers) Ombudsperson with full access to police records and data; Releasing Statistics Publish online details of police-reported hate crimes for each incident including location, date and time, the protected group which was attacked, and the nature of the crime; Publish online the use of force by race data required to be submitted to the Ministry of the Solicitor General under the Anti-Racism Act; Extend the collection of race data to traffic stops and publish online these statistics as well as the outcome (any charges) for traffic stops; Hiring Increase diversity hiring to at least 15% of the recruiting class over three years, and further as per the African Canadian Legal Clinics recommendation to the Ipperwash Inquiry: “That police recruits be screened for prejudicial and racially discriminatory attitudes, similar to screening already being done for personality attributes, criminal record, and family background. That police forces be encouraged to retain independent employment equity experts to develop concrete, measurable and attainable goals to increase the number of racialized people, particularly African Canadians and Aboriginals, especially in positions of responsibility, in order to achieve a “critical mass” of representation and diversity to promote cultural and organizational change”; That these independent employment equity experts undertake a comprehensive review of the hiring, recruitment, selection, and management practices of the NRPS; Page 446 of 489 8 Can’t Wait Campaign Require all officers to have a duty to intervene against excessive use of force or abuse; Prohibit shooting at moving vehicles; Performance Reviews As per the African Canadian Legal Clinic's recommendation to the Ipperwash Inquiry: “That police forces ensure that complaints and concerns against police officers relating to use of force, particularly when the complainant is racialized, are reflected and factored into the assessment of each officer’s performance review and or promotions.”; and BE IT FURTHER RESOLVED that St. Catharines City Council call on the Niagara Region, through the Police Services Board, to immediately begin the process of implementing the above recommendations; and BE IT FURTHER RESOLVED that this motion be forwarded to all local municipalities; the offices of all Niagara-area MPPs and MPs; the offices of the Attorney General of Ontario Doug Downey, the Attorney General of Canada David Lametti and Federal Public Safety Minister Bill Blair; and request comment from the Solicitor General of Ontario Sylvia Jones. FORTHWITH” If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em Cc. Hon. Bill Blair, Minister of Public Safety and Emergency Preparedness, Bill.Blair@parl.gc.ca Hon. David Lametti, Minister of Justice and Attorney General of Canada, David.Lametti@parl.gc.ca Hon. Doug Downey, Attorney General, doug.downey@pc.ola.org Chris Bittle, MP - St. Catharines, Chris.Bittle@parl.gc.ca Dean Allison, MP - Niagara West, Dean.Allison@parl.gc.ca Vance Badawey, MP - Niagara Centre, Vance.Badawey@parl.gc.ca Tony Baldinelli, MP - Niagara Falls, Tony.Baldinelli@parl.gc.ca Jennifer Stevens, MPP - St. Catharines, JStevens-CO@ndp.on.ca Jeff Burch, MPP - Niagara Centre, JBurch-QP@ndp.on.ca Wayne Gates, MPP - Niagara Falls, wgates-co@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook, sam.oosterhoff@pc.ola.org Kenneth Gansel, Chair, Niagara Regional Police Service Board Ann-Marie Norio, Regional Clerk, Ann-Marie.Norio@niagararegion.ca Niagara Area Municipalities Page 447 of 489 CASINO HOST MUNICIPALITIES GROUP September 10, 2020 VIA EMAIL (Premier@ontario.ca) The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Premier Ford, Re: Casino Host Municipalities Group Requests Engagement and Assistance Please find below the resolution passed on September 10, 2020 from the above-mentioned group. Membership in the group is attached as Schedule "A". Whereas the group of municipalities that host casinos (collectively, the "Host Group") are concerned with the significant job losses and economic impact that continue because of the continued closure of casinos; and, Whereas the current 50 patron cap is not workable from an economic perspective and the industry has proposed health and safety measures that should be considered; Be it resolved that the Host Group respectfully requests that the Premier, Minister of Finance, Minister of Health, and Chief Medical Officer of Health review the industry's proposed measures to increase the casino facility cap to a reasonable facility capacity model, and meet with this group to discuss this urgent issue before the end of September; and, That those Honorable Members attend a casino without delay to see, first hand, the significant measures that have already been taken to address the health and safety of patrons and employees; and, Page 448 of 489 2 That a working group be struck with Provincial representation, industry representatives, and other key stakeholders to address the specifics of reopening of these critical facilities through risk mitigation, without delay, since one size does not fit all. As always, please do not hesitate to contact us if you have any questions, comments or concerns. Yours very truly, _______________ _______________ Gordon Krantz Lynn Dollin Co-Chair Co-Chair Mayor, Milton Mayor, Innisfil cc. Hon. Rod Phillips, Minister of Finance (rod.phillips@pc.ola.org) Hon. Christine Elliott, Minister of Health (christine.elliott@pc.ola.org) Dr. David Williams, Chief Medical Officer of Health (dr.david.williams@ontario.ca) Host Group Members (see attached) Page 449 of 489 3 Schedule A Canadian Host Municipalities Group – Membership Ajax, Town of Belleville, City of Brantford, City of Cavan Monaghan, Township of Central Huron, Town of Centre Wellington, Township of Chatham-Kent, Municipality of Gananoque, Town of Hamilton, City of Hanover, Town of Innisfil, Town of Leeds and the Thousand Islands, Township of London, City of Milton, Town of Niagara Falls, City of Ottawa, City of Peterborough, City of Point Edward, Village of Sarnia, City of Sault Ste. Marie, City of Sudbury, City of Greater Thunder Bay, City of Toronto, City of Windsor, City of Woodstock, City of Page 450 of 489 2355 Derry Road East, Mississauga ON L5S 1V6, Tel: +1-647-749-9444; Website: www.hinduforumcanada.org; E-mail: info@hinduforumcanada.org May 11, 2020 jdiodati@niagarafalls.ca Jim Diodati The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario L2E 6X5 Phone: 905-356-7521 RE: Mississauga amends noise bylaw to allow call to prayer (Letter to The Editor) An unconstitutional, anti-national compromise was passed by Mississauga’s City Council on Wednesday April 29 2020. The motion offers comfort to the Islamic community at the expense of that of the larger Canadian population. In a shocking move violating the Charter of Rights and Freedom, Mississauga’s Municipal Mayor and City Councilors voted unanimously to temporarily waive current noise bylaw restrictions “for the broadcasting of the evening call to prayer from local mosques and other non-residential buildings regularly used for worship, for the period of Ramadan . . . up to May 24, 2020.” This new motion allows the call to prayer be broadcast only once per day. All religious organizations of course, will remain closed as ordered by the province since the imposing of emergency measures designed to help fight the pandemic. “Council’s decision today to support the broadcasting of the call to prayer during Ramadan this year will provide inspiration, familiarity and comfort to our city’s Muslim community during this challenging time,” explained Mississauga Mayor Bonnie Crombie. Inherent in her conciliatory move to comfort one religious group is the implication that all of Mississauga, with its large Muslim population, cares nothing for the rights and comforts of peoples other faiths, or for that matter, of any stressed and nervous individuals affected by noise pollution during this crisis time of "lockdown" such as students studying for exams, seniors and sick people, all of whom will be made distinctly UN-comfortable and potentially sicker by this act of appeasement. How would Ms. Crombie feel if she and her Covid-19 confined family lived next door to a loud-speaker equipped Mosque? Hindu Forum Canada questions the decisions made by municipal politicians of Toronto, Mississauga and Brampton that allows mosques to broadcast their call to prayer through loudspeakers. Hindu Forum Canada believes in the country’s secular foundation that guarantees separation of religion and politics. We also believe that people from all religious backgrounds Page 451 of 489 2355 Derry Road East, Mississauga ON L5S 1V6, Tel: +1-647-749-9444; Website: www.hinduforumcanada.org; E-mail: info@hinduforumcanada.org should live in Canada, free from persecution, free to practice their faith in their respective religious centers, but we, as a society, should not impose any particular faith on other communities completely disregarding the rights of those other communities. Hindu Forum Canada sees this act as a violation of our secular values that dictate the separation of religious and political propensities. Political decision-making has been suffering from a steady decline in ideological clarity for decades, evident in its confusion over secularism and appeasement politics, especially at the Federal Level —we are now paying the price. Secularism has been an integral part of Canadian ideology that needs to be maintained and adhered to. Although we see the importance in offering temporary comfort to Muslim groups, we must look ahead at what sort of compromises this could lead to. Once we invoke the influence of religious tradition to influence the laws that have been established to guaranty religious freedom in Canada, the laws that make Canada a wonderful place to live and raise a family, we threaten to undermine the entire Canadian Constitution the way the passing of this single current local amendment guarantees the erosion of religious freedom into nothing but dust. Such unthinking action in one community, Mississauga, provides a toe hold for this infected thinking to sweep our entire nation. Will Canadians recognize and heed this threat? We believe changing the law based on religious thinking must be of serious concern to every Canadian, including progressive, secular and liberal Muslims. The right to live, think and express freely your opinions is one of the great achievements of human civilization. These values belong to all of us regardless of our background or origin. We cannot limit these achievements to 'western values' or 'cultural sensitivity'. We must each strongly and unequivocally demand one equal law for everyone. Canadian culture is said to be collectivist, meaning that the welfare of the group and group relationships are a primary value. We, the Directors of Hindu Forum Canada urge all our Canadian politicians at all levels of Government to not indulge in mixing religion with politics. Thank you Hindu Forum Canada Page 452 of 489 Special Council August 10, 2020 Moved by: Councillor Ray Young Seconded by: Councillor Gauri Shankar That the Council of the Corporation of the Town of Prescott endorse the City of Sault Ste. Marie’s resolution regarding the closure of the Canada/US border and puts forward the following: WHEREAS due to the COVID-19 pandemic, Canada and the United States agreed to close their shared border on March 21, 2020 and that closure, with exceptions, has been extended to August 21, 2020; and WHEREAS Canada has managed to slow the spread of COVID-19 across the country including our own community of Leeds and Grenville; and WHEREAS the United States has not slowed the spread of COVID-19 and cases continue to grow in the United States at a much more significant rate than Canada; and WHEREAS Canadians across the country including here in the Town of Prescott have made and continue to make many sacrifices to slow the spread of COVID-19 and minimize the risk to each other and our larger community; and WHEREAS Mayor Todd has been working with his border municipal mayoral colleagues across Eastern Ontario to advocate for and support the continued closure of the Canada/United States border with the current terms and conditions. THEREFORE BE IT RESOLVED tha t this resolution shall serve to support the Federal Government's decision to close the Canada/US border and to request that the Federal Government maintain its current position until the risk of COVID -19 travelling into Canada from the United States is mi nimized and there is objective data that indicates the growth and spread of the COVID -19 virus across the United States has slowed dramatically and is at a minimum consistent with the growth and spread of the virus in Canada; and FURTHER BE IT RESOLVED that this resolution shall serve to support the work that local border mayors have done on this issue and encourages that work to continue until Council directs otherwise; and Page 453 of 489 FURTHER BE IT RESOLVED that a copy of this resolution be sent to The Right Honourable Prime Minister Justin Trudeau, MP Michael Barrett, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, and all municipalities in Eastern Ontario REQUESTED BY: RECORDED VOTE YES NO Councillor Leanne Burton Councillor Teresa Jansman Councillor Lee McConnell CARRIED: X Councillor Mike Ostrander TABLED: Councillor Gauri Shankar DEFEATED: Mayor Brett Todd RECORDED VOTE: Councillor Ray Young BRETT TODD, MAYOR KIMBERLEY CASSELMAN, CLERK Page 454 of 489 1 Suzanne Anderson From:Suzanne Anderson Sent:Thursday, August 27, 2020 12:07 PM To:Suzanne Anderson Subject:FW: Surplus residential building lot for accessible home From: Brian Shypula <BShypula@sensity.ca> Sent: Tuesday, August 4, 2020 3:08 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Surplus residential building lot for accessible home Dear Mayor Diodati, I work for Sensity, which is a registered charity that provides services and supports to people who are deafblind across Ontario. One of our Supported Independent Living Program residences is located in St. Catharines. The home is rented and is not adequate to meet the health, safety and accessibility needs of the three adult residents, all of whom require wheelchairs for mobility. Our search for an alternative house in the rental market has been disappointing. There is little in the budget range for individuals on fixed income ODSP and nothing with the necessary accessibility features, such as lifts, elevators, ramps, etc. We are exploring the option of building an accessible home. Two of the three individuals in the current home are from Niagara Region originally and their families would like them to remain local, if possible. Ideally, we are looking for a single residential building lot in an urban setting. I’ve seen municipalities make building lots available to organizations such as Habitat for Humanity, which was the inspiration behind our request. If we can find a suitable lot, we plan to build a home using the principles of universal design coupled specifically with modifications for people with low vision. I apologize in advance if the mayor’s office was not the proper place to address this request. Any guidance you could provide would be greatly appreciated. Sincerely, Brian Brian Shypula Manager of Strategic Engagement Sensity 50 Main Street Paris, Ontario N3L 2E2 t: 1.877.760.7439 ext. 142 m: 226.208.7338 e: bshypula@sensity.ca sensity.ca Page 455 of 489 2 Page 456 of 489 1 Heather Ruzylo To:Bill Matson Subject:Alex's response - Surplus residential building lot for accessible home From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Sunday, August 30, 2020 8:49 AM To: Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Serge Felicetti <sfelicetti@niagarafalls.ca> Subject: RE: Surplus residential building lot for accessible home Hi Bill We are forever asked about possibilities of lots for various charities. You may recall that a number of years ago any surplus municipal properties, unused road allowance segments were put up for auction. All useable properties were sold. I am unaware of anything in the inventory. Planning does not have a list of City lands, surplus or otherwise. At one time, developers (like River Realty, through the Branscombe Foundation) gave lots to various charitable organizations for their specific purposes. These charities need to contact the various developers to see if any of them would be able to make a lot available. Alex From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Tuesday, August 11, 2020 5:09 PM To: 'Brian Shypula' <BShypula@sensity.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Alex Herlovitch <aherlovitch@niagarafalls.ca>; Serge Felicetti <sfelicetti@niagarafalls.ca> Subject: RE: Surplus residential building lot for accessible home Dear Brian: Thank you for thinking of Niagara Falls as a place to build this innovative home to support people with low vision. I’m connecting you here to our City Clerk, Bill Matson to include this on a future agenda of City Council. Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca Page 457 of 489 2 From: Brian Shypula <BShypula@sensity.ca> Sent: Tuesday, August 4, 2020 3:08 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Surplus residential building lot for accessible home Dear Mayor Diodati, I work for Sensity, which is a registered charity that provides services and supports to people who are deafblind across Ontario. One of our Supported Independent Living Program residences is located in St. Catharines. The home is rented and is not adequate to meet the health, safety and accessibility needs of the three adult residents, all of whom require wheelchairs for mobility. Our search for an alternative house in the rental market has been disappointing. There is little in the budget range for individuals on fixed income ODSP and nothing with the necessary accessibility features, such as lifts, elevators, ramps, etc. We are exploring the option of building an accessible home. Two of the three individuals in the current home are from Niagara Region originally and their families would like them to remain local, if possible. Ideally, we are looking for a single residential building lot in an urban setting. I’ve seen municipalities make building lots available to organizations such as Habitat for Humanity, which was the inspiration behind our request. If we can find a suitable lot, we plan to build a home using the principles of universal design coupled specifically with modifications for people with low vision. I apologize in advance if the mayor’s office was not the proper place to address this request. Any guidance you could provide would be greatly appreciated. Sincerely, Brian Brian Shypula Manager of Strategic Engagement Sensity 50 Main Street Paris, Ontario N3L 2E2 t: 1.877.760.7439 ext. 142 m: 226.208.7338 e: bshypula@sensity.ca sensity.ca Page 458 of 489 3 Page 459 of 489 Sept. 4, 2020 Dear Mayor Diodati, Sensity is a registered charity that provides services and supports to people who are deafblind across Ontario. One of our Supported Independent Living Program residences is located in St. Catharines. The house is rented and is no longer adequate to meet the health, safety and accessibility needs of the three adult residents, all of whom require wheelchairs for mobility. Our search for an alternative house in the rental market has been disappointing. There is little in the budget range for individuals on fixed income ODSP and nothing with the necessary accessibility features, such as lifts, elevators, ramps, etc. We are exploring the option of building an accessible home. Two of the three individuals in the current home are from Niagara Region originally and their families would like them to remain local, if possible. Our St. Catharines SILP began in 2010 and has been located in St. Catharines the entire time. Ideally, we are looking for a single residential building lot in an urban setting. We’ve seen municipalities make building lots available to organizations such as Habitat for Humanity, which was the inspiration behind our request. If we can find a suitable lot, we plan to build a home using principles of universal design coupled specifically with modifications for people with low vision. Would the City of Niagara Falls have an available building lot? Our preference would be a lot able to accommodate a four- bedroom bungalow, as a bungalow-style residence would keep stairs to a minimum. However, plans could be adjusted for a multi-storey residence, for example the inclusion of an elevator. In addition to the three individuals in our St. Catharines SILP, Sensity also provides services and supports in a family home setting to one individual in Jordan Station. We have identified potential for five or six people to enter into our services in the Hamilton-Niagara area. -more- Page 460 of 489 ABOUT SENSITY Sensity is a registered charity that provides services and supports across Ontario to members of the deafblind community and others with sensory loss. Sensity is recognized within Canada and around the world as a leader in the provision of Intervenor Services with nearly three decades of experience. Sensity envisions a world embracing human connections and diversity. We understands that people who are deafblind or affected by sensory loss connect, communicate and experience the world differently. Sensity creates meaningful experiences by delivering individualized programming, support services, training, education and awareness. In all it does, Sensity is guided by the values: innovative, integrity, opening the world, passionate and person-centred. Sensity employs approximately 300 people across Ontario, comprised of full-time, part-time and casual employees. The largest group of employees is intervenors. An intervenor mediates between the person who is deafblind and their environment to enable the individual him to communicate effectively with and receive non-distorted information from the world around them. In other words, an intervenor acts as the “eyes” and “ears” of the person who is deafblind. Sensity’s Board of Directors in the 2018-2021 Strategic Plan approved the following strategic goals: 1. Development of regional structure including satellite locations. 2. Growth of current services and creation of new services. 3. Awareness. Sensity’s administrative headquarters is located at 50 Main St., Paris, ON, occupying approximately 12,000 square feet of space in a renovated former elementary school. Next door to the administrative headquarters is a unique building Sensity completed as a new build in 2016. The ground floor houses eight apartments designed for 18 individuals who Page 461 of 489 are deafblind. The second level houses one additional residential apartment, one respite apartment and extra office space. -more- We appreciate the interest expressed by the City of Niagara Falls to help us in our search for accessible housing able to meet the unique needs of people who are deafblind. We look forward to working with you. Sincerely, Brian Shypula Manager of Strategic Engagement Page 462 of 489 Public Works Transportation Services 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Tel: 905‐980‐6000 Toll‐Free: 1‐800‐263‐7215 Fax: 905‐685‐0013 niagararegion.ca ______________________________________________________________________ Subject: September 2020 Launch of Community Safety Zone in the City of Niagara Falls Date: September 2nd, 2020 To: Mayor Jim Diodati And To: Regional Councillors Barbara Greenwood, Bob Gale, and Peter Nicholson From: Carolyn Ryall, Director – Transportation Services Division Dear Mayor and Regional Councillors, The purpose of this memo is to inform you of the launch of a Community Safety Zone in the City of Niagara Falls on September 8th, 2020; one of ten approved new locations by Niagara Regional Council. On March 26th, 2020 Regional Council approved Staff recommendation to designate the following area in the City of Niagara Falls as Community Safety Zone: Greendale Elementary School on Regional Rd. 98 (Montrose Rd.) from Watson St. to Regional Rd. 20 (Lundy’s Lane) in the City of Niagara Falls. With the region undergoing significant economic, demographic, social and technological change, Niagara Region is adopting measures to reduce aggressive driving and speeding within Niagara. The Community Safety Zone signs are up now, and the police will be doing an educational campaign from September 8th to 20th; followed by enforcement starting the week of September 21st, 2020. Community Safety Zones let motorists know they are within a zone where the Highway Traffic Act has been modified to increase the legislated penalty provisions for moving violations. Community Safety Zone signs are posted at the limits of the zone with "Begins" and "Ends" tabs, clearly defining the legal limits of the zone. The rules of the road do not change within the zone, only the penalties for violations are increased. Site selection includes locations which have safety concerns or complaints near sensitive areas such as schools, retirement homes and daycares. The following items help to prioritize site location selections: Number of safety and speeding complaints at location Page 463 of 489 Public Works Transportation Services 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Tel: 905‐980‐6000 Toll‐Free: 1‐800‐263‐7215 Fax: 905‐685‐0013 niagararegion.ca ______________________________________________________________________ Percentage of students and families walking to and from school Speeding study results and number of violations Collision history Niagara Region is working in partnership on Community Safety Zones with Niagara Student Transportation Services, District School Board of Niagara, Niagara Catholic District School Board, Niagara Region Public Health, each Municipality and Niagara Regional Police Services. In accordance with the Transportation Master Plan, Niagara Region is undergoing significant changes by 2041 and will have grown and evolved on economic, demographic, social, and technological fronts. Regional staff will continue to find innovative ways to make the Region a safer place to live, work, and play. Yours truly, Carolyn Ryall Director Transportation Services Division C.C: Local Councillors – City of Niagara Falls Jim Bradley, Regional Chair Ron Tripp, Acting CAO Niagara Region Bryan MacCulloch, Chief of Police, Niagara Regional Police Service Bruce Zvaniga, Commissioner Public Works Niagara Region (Interim) Page 464 of 489 ao55.o§._?.:.J555.555.5555 5.0.wow55-£9085OZ-S<BE ..5.0QH5..OOH5-QQB5@UoQ§.ooB mm><<OOZWEMCQEOZ>5mon:§ozomWmO~OZ.r/4rzSm>m> 525.8858.5.5555 855EoBoH.mE5Uocm.Huowm.E55 538:;ow0:315 H5mm5_m$<5wc?mmsm «$555.5Humiw Howosno.05 23>H>H W5”5:55:55omEsbmomumzHb$.w5S.:o§.§5H§m:.o<5555.nHu~.o.¢5o.n5. U58.H...~.5HE5~.wow? 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O533:m:EQPWZHbmupwmwm.Emmi.939$.mum$6mcemosb?smoogadsbw?mm Hsammv558Homow9:3msZwmmmamzciodum??mmmumoob<o%$5mmbmoom cwmobownoHdmcspmnmdmmibm255%€99.Qm?mw. @0552.5%. E‘ EiwmQmzwmrmw.Wmsm. 3832; ?mm<%OodmidoiodxwmmoommiosomWmmwodwpZmmmmwm On“>5HémayoamW525%;.»Wmmwob. ZwmmmamWmmwodmw95:. EHgciowvmwmuWomwobmzOocdomoam Q>OVWmmwo:omZwmmmam Ubdnnowomwags.”<<OH.W->=Zwmmmamgcbwnwwm??mm U?monowowwas:<<o~.Wm-.26Wmmwobom25%;.»Page 466 of 489 THE CORPORATION OF THE CITY OF ELLIOT LAKE CERTIFIED TRUE COPY Moved By: T. Turner Seconded By: L. Cyr THAT the City of Elliot Lake Council acknowledges and supports the following Private Member Bill put forward by Majid Jowhari: M-36, Emancipation Day, 43rd Parliament, 1 Session that reads as follows: "THAT the House recognizes that: The British Parliament abolished slavery in the British Empire as of August 1, 1834; Slavery existed in the British North America prior to the abolition in 1834; Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1st as Emancipation; The Government of Canada announced on January 30, 2018 that it would officially recognize the United Nations International Decade for people of African Descent to highlight important contributions that people of African descent have made to Canadian society, and to provide a platform for confronting anti-Black racism; The heritage of Canada's peoples of African descent and the contributions they have made and continue to make to Canada and in the opinion of the House, the Government should designate August 1 of every year as "Emancipation Day" in Canada; and THAT support for this motion be sent to the Member of Parliament for Algoma and all House of Commons representatives; and THAT support for this motion be sent to all municipalities in Ontario. Resolution No. 249/20 Carried Mayor Dan Marchisella Certified True Copy. ____________________________ City Clerk August 14, 2020 Page 467 of 489 1 Suzanne Anderson From:Suzanne Anderson Sent:Thursday, August 27, 2020 11:37 AM To:Suzanne Anderson Subject:FW: Cybersecurity Awareness Month Campaign From: Carlene Blackwood-Brown <carlandos@yahoo.com> Sent: Friday, August 14, 2020 12:31 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Cybersecurity Awareness Month Campaign Dear Mayor Diodati, I hope that you and family are doing great, amidst the pandemic. My name is Carlene Blackwood-Brown and last November, I moved from Brampton with my family (husband and son) to the Niagara Region (Welland, specifically). Both my husband and I are Adjunct Professors in the Pilon School of Business at Sheridan College at the Brampton and Mississauga campuses. My husband teaches Accounting-related courses while I teach Information Systems-related courses. Internationally, October is celebrated as Cybersecurity Awareness Month, and as a new resident in the region, I would like to know if there are any plans to promote cybersecurity awareness in October, as well as how I can get involved. During this month, various forms of promotions are usually used to inform the public of the importance of cybersecurity. I have some ideas that I can share and would love the opportunity to participate in a Cybersecurity Awareness campaign to raise the awareness levels of our residents so that they can better protect themselves (and their devices) when they go online. This is especially critical since COVID-19 has forced almost everyone online for work and/or to access goods and services. I welcome the opportunity to have further discussions on this. I can be contacted by telephone (647-854-8619) or email (carlandos@yahoo.com), since in-person meetings are limited. Thank you for your time and I look forward to speaking with you on this very important issue. Regards, Carlene Blackwood-Brown, Ph.D. Information Systems with Information Security/Cybersecurity Email: carlandos@yahoo.com Page 468 of 489 2 Cell: 647-854-8619 Page 469 of 489 1 Heather Ruzylo To:Carey Campbell Subject:RE: Request for Recognition of Respiratory Therapists During Respiratory Therapy Week (Oct 25-31) From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, August 24, 2020 4:55 PM To: 'Campbell,Tracy' <Tracy.Campbell@niagarahealth.on.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: RE: Request for Recognition of Respiratory Therapists During Respiratory Therapy Week (Oct 25-31) Dear Tracy: Thank you for reaching out to Mayor Diodati to request recognition by City Council of Respiratory Therapists in October. I’m keying in City Staff to help ensure your request comes before Council. I trust that they will follow up with you! Kind 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: Campbell,Tracy <Tracy.Campbell@niagarahealth.on.ca> Sent: Monday, August 24, 2020 3:28 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Request for Recognition of Respiratory Therapists During Respiratory Therapy Week (Oct 25-31) August 24, 2020 Jim Diodati 4310 Queen St. Niagara Falls ON L2E 6X5 Subject: Request for Recognition of Respiratory Therapists During Respiratory Therapy Week (October 25-31, 2020) The Canadian Society of Respiratory Therapists (CSRT) celebrates Respiratory Therapy Week annually. This week-long celebration serves to educate the public about the varied roles and responsibilities of respiratory Page 470 of 489 2 therapists and to raise awareness of the significant contribution made by respiratory therapists across our health care system. This year, Respiratory Therapy Week runs from October 25-31, 2020. Working across Canada’s healthcare system, respiratory therapists provide essential care to patients of all ages. They are highly trained health professionals dedicated providing the best possible cardio-respiratory care by staying at the forefront of all available research and technology. They use their expertise in the assessment and management of respiratory diseases, in patient and family education, and in the resuscitation and stabilization of critically ill or injured patients. Respiratory therapists work in hospitals, in clinics and in the community to help members of your community breathe easier. This year, more than ever, our health care system is relying on respiratory therapists. As frontline workers, they have been tirelessly providing care to those infected by COVID-19. The nature of their role and the care they provide requires them to be work alongside critically ill patients, often performing life sustaining procedures at the patient’s head – the most infectious region for providing patient care during a respiratory pandemic. Respiratory therapists have also played important roles behind the front lines of the pandemic. They have been instrumental in preparing at every level: advising government, mobilizing supplies, designing pandemic ventilators and adjusting protocols to best function under the parameters of this new, highly contagious infection. And, they have continued to provide essential care to a wide range of patients across our health care system who have not been afflicted by COVID-19. As a respiratory therapist serving the community of Niagara Falls it is an honor for me to request, on behalf of all respiratory therapists, that the community of Niagara Falls consider proclaiming the above week “Respiratory Therapy Week”, in recognition of the valuable role of the respiratory therapists within the community. Niagara Region has more than 50 respiratory therapists working in many environments, and I feel that this would be an appropriate way to honor their contributions. Should a proclamation not be possible, I would welcome and appreciate any other form of public recognition that yourself and Council deem appropriate. Sincerely, Tracy Campbell Registered Respiratory Therapist, Niagara Health CONFIDENTIALITY NOTICE: This electronic communication and attached material is intended for the use of the individual or institution to which it is addressed and may not be distributed, copied or disclosed to any unauthorized persons. This communication may contain confidential or personal information that may be subject to the provisions of the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act. If you have received this communication in error, please return this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you for your co-operation and assistance. Page 471 of 489 1 Heather Ruzylo From:Carey Campbell Sent:Thursday, August 20, 2020 12:10 PM To:Bill Matson; Heather Ruzylo; Kristine Elia Subject:FW: Rail Safety Week | Safety is a shared responsibility Attachments:Rail Safety Week 2020_Resolution_Municipalities_Canada.pdf From: Stephen Covey <stephen.covey@cn.ca> Sent: Thursday, August 20, 2020 12:04 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Rail Safety Week | Safety is a shared responsibility cn.ca Dear Mayor Diodati: As a responsible global railroad that links communities to markets around the world, CN is taking all necessary steps to protect our employees, communities, customers, vendors and partners, in response to the unprecedented challenges associated with the pandemic. As we continue to run a solid operation to safely serve our customers and keep the economy moving, we continue to reinforce a strong safety culture among our employees and remain committed in our effo rts to educate the public on rail safety. Rail Safety Week will be held in Canada, the United States and Mexico from September 21-27. Our activities will look different this year, however our efforts to get the rail safety message out will be stronger than ever. Rail safety never takes a break and, as proud neighbours, we continue to work with Operation Lifesaver, our communities and local authorities, CN Police Service officers and other CN employees to help prevent accidents and injuries at rail crossings, and ensure everyone’s safety on and around railroad infrastructure year-round. Rail Safety is a shared responsibility Every year, more than 2,100 North Americans are killed or seriously injured because of unsafe behaviour around tracks and trains. Rail safety is everyone’s responsibility. By looking out for each other and working together, we can help keep our communities safe and prevent fatalities and injuries on or near railway property. Your council can continue to be a powerful ally in this effort to prevent these incidents and save lives by adopting the attached draft proclamation. Please send a copy of your proclamation by mail or by e-mail to Marie-Pier.Triganne@cn.ca and let us know about your plans to promote rail safety in your community. CN – Marie-Pier.Triganne 935 de la Gauchetière Street West 16th floor Montreal, Quebec H3B 2M9 If you have any questions or concerns about rail safety in your community, please contact our Public Inquiry Line at 1-888- 888-5909. For additional information about Rail Safety Week 2020, please consult cn.ca/railsafety or operationlifesaver.ca. Page 472 of 489 2 Sincerely, Stephen Covey Fiona Murray Chief of Police and Vice-President, Public and Chief Security Officer Government Affairs Page 473 of 489 (Draft Resolution) RESOLUTION IN SUPPORT OF RAIL SAFETY WEEK Whereas Rail Safety Week is to be held across Canada from September 21 to 27, 2020; Whereas it is in the public’s interest to raise citizens’ awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused by incidents involving trains and citizens; Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise rail safety awareness; Whereas CN has requested City Council adopt this resolution in support of its ongoing efforts to raise awareness, save lives and prevent injuries in communities, including our municipality; It is proposed by Councillor ________________________________________ seconded by Councillor ________________________________________ It is hereby RESOLVED to support national Rail Safety Week to be held from September 21 to 27, 2020. Page 474 of 489 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to authorize the payment of $41,604,112.20 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period from July 22, 2020 to August 27, 2020. Passed this fifteenth day of September, 2020 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, CITY CLERK MAYOR First Reading: September 15, 2020 Second Reading: September 15, 2020 Third Reading: September 15, 2020 Page 475 of 489 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 Schedules “C” and “D1” and that Schedules “C” and “D1” attached hereto shall be inserted in lieu thereof. 2. That by-law 2019-104 be repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 15th day of September, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 476 of 489 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Rebecca Blanchard Paul Brown Marianne Catherwood Julio Cavaliere Joe Corradi Bill Crowder Ian Cumming Angela Davy Mario Digianni Brandon Erb John Garvie Monique Jolicoeur Cathy-Lynn Hanson Varghese Kuruvilla John MacLeod Andrea Malgie Robert Mascia Krista McGowan Madison Poirier Liam Raymond Philip Rudachuk Chris Russell Thomas Tavender Kim Watson SCHEDULE “D1” CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Chris Burian Steven Cober Ryshur Lawrence Jesse Mallabar William McMillan Gagan Singh Jeonghwa Son Page 477 of 489 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 2014-075, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands located at the northwest corner of Portage Road and Stanley Avenue, to permit them to be developed (AM-2014-001). WHEREAS By-law No. 2014-075 includes land use holding provisions that have the effect of zoning the lands R5B(H)-1004; AND WHEREAS 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; AND WHEREAS the purpose of this by-law is to remove the land use holding provisions set out in By-law No. 2014-075 on the Lands, to have the effect of zoning the Lands R5B-1004; AND WHEREAS the purpose of this by-law is to amend By-law No. 2014-075 such that the provisions of By-law No. 2014-075 concerning the permitted uses and governing regulations for the Lands will be of full force and effect; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2014-075 with respect to the Lands, will be achieved and that the conditions required for the removal of the holding provisions of By-law No. 2014-075 for the Lands have been satisfied; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2014-075 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the conditions set out in By-law No. 2014-075 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36(4) of the Planning Act, R.S.O. 1990, c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2014-075 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2014-075 is hereby declared to be in full force and effect on the Lands. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of September, 2020. ............................................................... ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2014\By-laws\Byam001-HRemoval.docx Page 478 of 489 Page 479 of 489 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, to permit additional lands to be used in conjunction with an existing commercial use and to recognise several existing conditions (AM-2019- 027). 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 in a GC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth where no part of the building is used for residential purposes 2.9 metres (b) Minimum parking aisle width in the parking area adjacent to St. Paul Avenue 6.82 metres (c) The balance of regulations specified for a GC 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. Page 480 of 489 2 9. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1C, in part, and GC, in part, to GC and numbered 19.1.1124. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1124 Refer to By-law No. 2020-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of September, 2020. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2019\By-laws\Byam027.docx Page 481 of 489 6 .1 0 m 6.51m9 .2 1 m 18.82m22.56m25.75m2 7 .5 4 m28.36m6 0 .8 5 m101.99m0.31m A=6.88m 1 6 .6 9 m StPaulAvPortage RdStPatrickAvBroo ks StRussell S t O 'N e i l S t SCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2019\Schedule\Zoning\27\Zoning_bylaw_AM_2019-027.mxd TODD MORGAN HOLDING CORPORATION 272504001013100, PART 272504001013200 AM-2019-027 ¹ 7/9/2020 Description:PART OF 3405 ST PAUL AV - PLAN 07 PT LOTS 02, 03,REFERENCE PLAN 59R-3078 PT 04 6251 O'NEIL ST - PLAN 1791 PT LT 01-03, REFERENCE PLAN 59R-3078 PTS 01, 02 NTS GC 1124 Page 482 of 489 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. WHEREAS section 38 of the Planning Act provides that where a council of a local municipality has directed, by by-law or resolution, that a review or study be undertaken, the council may pass a by-law (referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, prohibiting the use of land, buildings or structures within the municipality or within a defined area or areas thereof for, or except for, such purposes as are set out in the by-law; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has, by resolution adopted on June 25, 2019, directed that a review or study be undertaken in respect of the land use planning policies and zoning regulations respecting the use of properties that are zoned for the cultivation, production or processing of cannabis; AND WHEREAS the Council of the Corporation of the City of Niagara Falls passed By- law No. 2019-76 to prohibit the cultivation, production or processing of cannabis within certain zones; AND WHEREAS the Province of Ontario suspended timelines prescribed under the Planning Act and Regulations for a period of approximately 14 weeks through orders under the Emergency Management and Civil Protection Act and the suspension period does not count; AND WHEREAS Section 38(2) of the Planning Act provides that Council may amend an interim control by-law to extend the period of time the by-law is in effect, not to exceed two years from the date of passing; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. No person shall use any land, building or structure within the following areas of the City of Niagara Falls for the cultivation, production or processing of cannabis: 1.1. Lands zoned as Agricultural, Rural, Open Space, Hazard Land, Development Holding or Environmental Protection Area in Zoning By-law No. 79-200, as amended; 1.2. Lands zoned as Rural or Conservation Open Space in Willoughby By-law No. 395/66, as amended; and 1.3. Lands zoned as Rural Agricultural in Crowland By-law No. 1538/1958, as amended. Page 483 of 489 2 2. This by-law shall be in effect for a period of one year from September 15, 2020. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of September, 2020. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2020\By-laws\Cannabis By-law.docx Page 484 of 489 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to exempt the property known as 5698 Main Street, being described as Part Lots 8 & 9 on Plan 653 and Part Lots 1 & 3 on Plan 269 designated as Part 1 on 59R16694 , in the City of Niagara Falls, from draft plan of condominium. WHEREAS Sections 9(3)(b) and 9(7) of the Condominium Act, 1998, provides that the approval authority may by by-law exempt a plan under Section 51 and 51.1 of the Planning Act; AND WHEREAS the property is subject to a registered site plan agreement (Instrument No. SN423842); AND WHEREAS all issues regarding development, servicing, grading, parking, landscaping and zoning compliance were reviewed at the time of Site Plan Approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands described as Lot No. 1 and part of Lots No. 3, 8 and 9, Plan 653, city of Niagara Falls are hereby exempt from the provisions of Sections 51 and 51.1 of the Planning Act in accordance with Sections 9(3)(b) and 9(7) of the Condominium Act, 1998. 2. This by-law shall be in effect for a period of one year from September 15, 2020. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of September, 2020. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\SUBDIVIS\PCONDO\5698 Main Condo Exemption\By-law 5698 Main Street.docx Page 485 of 489 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. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Designated Lanes) --------------------------------------------------------------- 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 A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Canadian Drive North Montrose Road and At All Times a point 15 metres west of Montrose Road Canadian Drive South Montrose Road and At All Times a point 90 metres west of Montrose Road Pin Oak Drive East McLeod Road and At All Times a point 160 metres south of McLeod Road Pin Oak Drive West McLeod Road and At All Times a point 105 metres south of McLeod Road Page 486 of 489 (b) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Canadian Drive North A point 15 metres west of Montrose Road and At All Times a point 110 metres west of Montrose Road Canadian Drive North A point 145 metres west of Montrose Road and At All Times a point 205 metres west of Montrose Road Canadian Drive North A point 255 metres west of Montrose Road and At All Times a point 310 metres west of Montrose Road Pin Oak Drive East A point 160 metres south of McLeod Road and At All Times a point 245 metres south of McLeod Road (c) by removing from to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Canadian Drive Both Montrose Rd. and Pin Oak Dr. At All Times Pin Oak Drive Both Canadian Dr. and McLeod Rd. At All Times (d) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Canadian Drive North A point 110 metres west of Montrose Road and At All Times a point 145 metres west of Montrose Road Canadian Drive North A point 205 metres west of Montrose Road and At All Times a point 255 metres west of Montrose Road Canadian Drive North A point 310 metres west of Montrose Road and At All Times Pin Oak Drive Canadian Drive South A point 90 metres west of Montrose Road and At All Times Pin Oak Drive Pin Oak Drive West A point 105 metres south of McLeod Road and At All Times the southern terminus of Pin Oak Drive Pin Oak Drive East A point 245 metres south of McLeod Road and At All Times the southern terminus of Pin Oak Drive Page 487 of 489 (e) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Canadian Drive & Pin Oak Drive Westbound on Canadian Drive Canadian Drive & Pin Oak Drive Northbound on Pin Oak Drive Canadian Drive & Pin Oak Drive Southbound on Pin Oak Drive (f) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 HIGHWAY BETWEEN DESIGNATED LANE TIMES OR DAYS DIRECTION Pin Oak Drive A point 130 metres south of Centre Lane At All Times Northbound or McLeod Road and a point Southbound Left Turn 280 metres south of McLeod Road This By-law shall come into force when the appropriate signs are installed. Passed this fifteenth day of September, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 15, 2020 Second Reading: September 15, 2020 Third Reading: September 15, 2020 Page 488 of 489 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 15th day of September, 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 15th day of September 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 15th day of September, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 489 of 489